(A) Applicability. Any division of lot, parcel or tract of land into 2 or more parcels or building sites, other than subdivisions defined and regulated in this section, shall be subject to the provisions of this section. However, any such division which creates parcels or building sites greater than 5 acres, and which does not include any new public streets or other public ways may be exempted from these provisions by the Plan Commission.
(B) Scope. If the Plan Commission finds that the application of the provisions of this section to a particular subdivision might create an unreasonable hardship or involve peculiar difficulties, including but not limited to prohibitive cost due to lack of reference corners, the Plan Commission may waive the requirements contained herein. However, no such waiver shall be granted for divisions containing lots which do not comply with the provisions of this section.
(C) Procedures for approval.
(1) The divider shall file a certified survey map with the City Planner who shall within 45 days approve, approve conditionally or reject the certified survey map. The City Planner may present the certified survey map to the Plan Commission for their approval should any extraordinary conditions or conflicting situation(s) with the Code be evident with the certified survey map. The divider shall be notified in writing of any conditions of approval or the reasons for rejection.
(2) A written application containing information on the reason for the survey and all pertinent facts thereto shall accompany the map.
(D) Requirements.
(1) To the extent reasonably practicable, the division of land shall comply with the provisions of this section governing general requirements, design standards, and required improvements.
(2) The certified survey shall be performed and the map prepared by a professional land surveyor registered to practice in the State of Wisconsin.
(3) All land divisions in areas not serviced by sanitary sewers shall conform to all applicable lot area requirements set forth in the Dept. of Commerce-Industry, Labor & Human Relations Code.
(4) All property corners shall be monumented in accordance with the provisions of Wisconsin Statutes Chapter 236 or the most applicable state statutes.
(5) The certified survey map shall be prepared in accordance with Wisconsin Statutes § 236.34 or the most applicable state statutes.
(E) Filing the certified survey map. The certified survey map shall be filed by the divider with the Register of Deeds of in Taylor County. A minimum of 5 copies shall be provided to the Clerk's office.
(F) Variations and exceptions. Where the Plan Commission finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, it may recommend to the Common Council variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter, and further provided the Plan Commission shall not recommend variations or exceptions to the regulations of this code unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(2) The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other property.
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out.
(Ord. 559, passed 6-8-88; Am. Ord. 801, passed 7-18-00) Penalty, see § 1.1.99