Jurisdiction of these regulations shall include
all lands within the corporate limits of the City and those lands
within the extraterritorial jurisdiction of the City as established
in §§ 62.23(2) and 66.0105, Wis. Stats. The provisions
of this chapter, as it applies to divisions of tracts of land into
fewer than five parcels, shall not apply to the following:
A. Transfers of interest in land by will or pursuant
to court order.
B. Leases for a term not to exceed 10 years, mortgages
or easements.
C. Sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and
the lots resulting are not reduced below the minimum size required
by these regulations, the zoning ordinances or other applicable laws
or ordinances.
D. Cemetery plats made under § 157.07, Wis.
Stats.
E. Assessors' plats made under § 70.27, Wis.
Stats., but such Assessors' plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person shall divide any land located within
the jurisdictional limits of these regulations so that such division
results in a subdivision, minor land division or replat, as defined
herein; no such subdivision, minor land division or replat shall be
entitled to recording; and no street shall be laid out or improvements
made to land without compliance with all requirements of this chapter
and the following:
B. Rules of the Wisconsin Department of Commerce regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.
C. Rules of the Wisconsin Department of Transportation
relating to safety of access and the preservation of the public interest
and investment in the highway system if the land owned or controlled
by the subdivider abuts on a state trunk highway or connecting street.
D. Rules of the Wisconsin Department of Natural Resources
setting water quality standards, preventing and abating pollution
and regulating development within floodland, wetland and shoreland
areas.
E. Duly approved comprehensive plan or area development
plans of the City.
F. The Zoning Code and all other applicable local and
county ordinances.
G. A developer's or subdivider's agreement between the
City and the developer or subdivider.
Before final approval of any plat, the subdivider
shall enter into an agreement with the City to install the required
improvements and shall file with the subdivider's agreement an irrevocable
letter of credit or other appropriate sureties meeting the approval
of the City Attorney equal to the estimated cost of the improvements.
Improvement cost estimates shall be made by the developer, reviewed
by the Director of Public Works and approved by the Council. The improvements
may be installed after approval of a preliminary plat or certified
survey map by the subdivider or his subcontractors, but not later
than one year from the date of recording of the final plat, or as
provided in the subdivider's agreement. The subdivider's agreement
shall specify a completion date for all improvements. In addition:
A. Plans and specifications for all improvements shall
be reviewed and approved by the Director of Public Works, in writing,
prior to commencement of construction. The subdivider may submit an
interim final plat with the improvement plans; however, review and
approval of a final plat shall not be initiated until the improvement
plans have been reviewed and approved and until the subdivider's agreement
has been fully executed.
B. Contracts and contract specifications for the construction
of street and utility improvements on dedicated street rights-of-way,
as well as the contractors and subcontractors providing such work,
shall be subject to the prior written approval of the Director of
Public Works in accordance with City standards and specifications.
C. Governmental units to which these bond and contract
provisions apply may file, in lieu of said contract and bond, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section.
D. Before final approval of any plat within the City
or its extraterritorial jurisdictional limits, the subdivider shall
install survey monuments placed in accordance with the requirements
of § 236.15, Wis. Stats., and as may be required by the
Director of Public Works.
E. Prior to the acceptance of a final plat, the subdivider
shall furnish, when required by the City, a consent and waiver of
the statutory provisions for special assessments for the installation
of sanitary sewer, storm sewer, sewer laterals, water main, water
laterals, curb and gutter, sidewalks, street surfacing, underground
streetlighting services and all other utilities, which shall be in
a form approved by the City Attorney, pursuant to § 66.0703(7)(b),
Wis. Stats., and shall be recorded in the office of the Register of
Deeds in the same manner as a lis pendens. Such consent and waiver
shall provide that the installation of such services shall be made
at the discretion of the Council.
No land shall be subdivided for residential
use which is determined to be unsuitable for such use by the Council
for reason of flooding, inadequate drainage, adverse soil or rock
formation, unfavorable topography or any other feature likely to be
harmful to the health, safety or welfare of the future residents of
the proposed subdivision or of the City. The Council, in applying
the provisions of this section, shall, in writing, recite the particular
facts upon which it bases its conclusion that the land is not suitable
for residential use and afford the subdivider an opportunity to present
evidence regarding such unsuitability if he so desires. Thereafter
the Council, upon the recommendation of the Plan Commission, may affirm,
modify or withdraw its determination of unsuitability.
Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal such objection or failure
to approve as provided in § 236.13(5), Wis. Stats., within
30 days of notification of the rejection of the plat. Where failure
to approve is based on an unsatisfied objection, the agency making
the objection shall be made a party to the action.