The jurisdiction of this chapter shall include all lands within
the City.
B.
Minor subdivision. Any division of land within the City that results in a minor subdivision as defined in § 614-7 shall be, and any other division of land may be, surveyed and a certified survey map thereof approved and recorded pursuant to the provisions of Article VII of this chapter and Ch. 236, Wis. Stats.
C.
Condominiums. It is the express intent of this chapter to regulate condominiums having one or more principal structures on any parcel. This does not apply to condominium conversions of existing structures where no additional units are being created unless the parcel(s) contains areas regulated by Chapter 608, Shoreland-Wetland Zoning, of this Code. In no case shall the maximum number of units in a condominium exceed the maximum number of lots the same parcel could have accommodated under the City Zoning Ordinance if the parcel had been conventionally divided.[1]
D.
In no instance shall the provisions of this chapter apply to:
(1)
Transfers of interest in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages or easements.
(3)
Sale or exchange of parcels of land between owners of adjoining property
if additional lots are not thereby created and the resultant lots
are not reduced below the minimum sizes required by these regulations,
the City Zoning Ordinance, or other applicable laws or ordinances.
(4)
Cemetery plats pursuant to § 157.07, Wis. Stats.
(5)
Assessor's plats pursuant to § 70.27, Wis. Stats.
(6)
Conversion of the form of ownership of existing buildings into condominiums.
No subdivider shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, minor
subdivision, replat, or condominium as defined herein; no such subdivision,
minor subdivision, replat, or condominium shall be entitled to recording;
and no street shall be laid or public improvement made without compliance
with all requirements of this chapter and all other pertinent ordinances,
regulations, resolutions, or plans which are adopted by the City and
the following:
B.
Applicable local ordinances.
C.
Provisions of Ch. 236, Wis. Stats.
D.
Provisions of Ch. 703, Wis. Stats., for all proposed condominiums.
E.
Rules of the Wisconsin Department of Safety and Professional Services
regulating lot size and lot elevation necessary for proper sanitary
conditions if any lot or unit is not served by a public sewer and
provisions for such service have not been made.
F.
Rules of the Wisconsin Department of Transportation relating to provision
for the safety of entrance upon the departure from state trunk highways
or connecting highways and for the preservation of the public interest
and investment in such highways.
G.
Rules of the Wisconsin Department of Natural Resources setting water
quality standards, preventing and abating pollution, and regulating
development within floodplain, wetland, and shoreland areas.
No land shall be subdivided which is held unsuitable for any
proposed use by the Common Council for reason of flooding, inadequate
drainage, soil and rock formations with severe limitations for development,
severe erosion potential, unfavorable topography, inadequate water
supply or sewage disposal capabilities or any other feature likely
to be harmful to the health, safety or welfare of future residents
of the proposed subdivision or of the community. The Common Council,
in applying the provisions of this chapter, shall in writing cite
the particular facts upon which it bases its conclusion that the land
is not suitable for the proposed use and afford the subdivider an
opportunity to present evidence regarding such suitability at a public
hearing. Thereafter, the Common Council may affirm, modify or withdraw
its determination of unsuitability. In addition, subdivided lots shall
have at least 50% of the minimum required lot area (based upon the
respective zoning district) or 1/2 acre (whichever is less) located
outside of the special flood hazard area inundated by the one-hundred-year
flood as shown on the latest FEMA Flood Insurance Rate Maps (FIRM)
unless proven to be above the one-hundred-year flood elevation through
a flood elevation study prepared by a licensed engineer and/or surveyor.
A.
Whenever a tract of land proposed to be a subdivision, minor subdivision,
or condominium development embraces all or any part of a street, drainageway,
or other public way which has been designated in the adopted regional,
county and City comprehensive plans, or adopted plan components, said
public way shall be made a part of the plat or certified survey map
and dedicated by the subdivider in the locations and dimensions indicated
on said plan.[1]
B.
Whenever a proposed park, playground, public access open space site
or other public land, other than streets or drainageways, designated
in the adopted regional, county and City comprehensive plans or plan
components is embraced, all or in part, by a proposed subdivision,
minor subdivision or condominium development, such proposed public
lands shall be made a part of the plat or certified survey map and
shall either be dedicated to the public or be reserved for acquisition
at the undeveloped land costs for a period not to exceed three years
from the date of recordation unless extended by mutual agreement between
the subdivider and the public agency having jurisdiction. If the reserved
land is not acquired by said public agency within the above time limit,
the land shall be released to the owner.[2]
C.
All public access to the low-water mark of navigable lakes and streams
required by § 236.16(3), Wis. Stats., shall be at least
100 feet wide to provide sufficient areas for turning movements and
parking with topographical features acceptable to the City Plan Commission.
D.
The lands lying between the meander line established in accordance
with § 236.20(2)(g), Wis. Stats., and the water's edge
and any otherwise unplattable lands which lie between a proposed subdivision,
minor subdivision, or condominium development and the water's
edge shall be included as part of lots, outlots or public dedications
in any plat abutting a lake or stream. This requirement applies not
only to lands proposed to be subdivided but also to all lands under
option to the subdivider or in which the subdivider holds any interest
and which are contiguous to the lands proposed to be subdivided and
which abut a lake or stream as provided in § 236.16(4),
Wis. Stats.
The subdivider shall not install any streets or other improvements
required by the City until the final plat, certified survey map (CSM),
or condominium plat has been approved by the Common Council. Before
recording the final plat with the County Register of Deeds, the subdivider
shall enter into a development agreement with the City agreeing to
install all required improvements and shall file with said development
agreement a surety bond or other satisfactory security meeting the
approval of the City Attorney as a guarantee that such improvements
will be completed by the subdivider or his subcontractors within the
time limit established by the Common Council. In order that adequate
inspections can be made, the subdivider shall notify the Common Council
one week prior to the time each improvement is to be installed and
upon completion of the project.
In any particular case where the subdivider can show that, by
reason of exceptional topographic or other physical conditions, strict
compliance with any requirement of this chapter would cause practical
difficulty or exceptional and undue hardship, the Common Council may
relax such requirement to the extent deemed just and proper, so as
to relieve such difficulty or hardship, provided that such relief
may be granted without detriment to the public good and without impairing
the intent and purpose of this chapter or the desirable general development
of the City. A majority vote of the entire membership of the Common
Council shall be required to grant any modification to these regulations,
and any modification thus granted shall be entered in the minutes
of the Common Council setting forth the reasons which, in the opinion
of the Common Council, justified the modification.
A.
No subdivider or agent of any parcel of land located in a proposed
subdivision or land division shall transfer, build upon, divide, convey,
record or officially monument such parcel before a plat of such subdivision
or certified survey map has been approved by the City of Marion, as
designated, in accordance with this chapter, and has been recorded
with the Register of Deeds for Waupaca or Shawano County, Wisconsin.[1]
B.
No person, firm or corporation shall be issued a City building permit
authorizing the building on or improvement of any subdivision, minor
subdivision, replat or condominium development within the jurisdiction
of this chapter and not of record as of the effective date of this
chapter until the provisions and requirements of this chapter have
been fully met.
C.
The City may institute appropriate action or proceedings to enjoin
violations of this chapter or the applicable Wisconsin Statutes.
Any person, firm or corporation that fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense.
A.
Recordation improperly made has penalties provided in § 236.30,
Wis. Stats.
B.
Conveyance of lots in unrecorded plats has penalties as provided
for in § 236.31, Wis. Stats.
C.
Monuments disturbed or not placed have penalties as provided for
in § 236.32, Wis. Stats.
D.
An Assessor's plat made under § 70.27, Wis. Stats., may
be ordered by the City when a subdivision is created by successive
divisions.
Any person aggrieved by an objection to a plat or failure to
approve a plat may appeal therefrom as provided in §§ 236.13(5)
and 62.23(7)(e), Wis. Stats. When the Common Council finds through
majority vote that extraordinary hardship or injustice will result
from strict compliance with this chapter, the terms may vary to the
extent deemed necessary and proper to grant relief, provided that
the modification meets the following standards:
A.
The modification is due to the physical features of the site or its
location.
B.
The modification is the least deviation from this chapter which will
mitigate the hardship.
C.
The modification is not detrimental to the public interest in keeping
with the general spirit and intent of this chapter.
D.
The requirement of filing and recording the plat or survey shall
not be waived.
