These regulations are adopted under the authority
granted by § 236.45, Wis. Stats.
This chapter shall be known and cited as the
"Subdivision Control Ordinance for the Town of Grand Chute."
The purpose of this chapter is to supplement
the provisions of Ch. 236, Wis. Stats., and to promote the public
health, safety and general welfare within the Town of Grand Chute;
to lessen congestion in the streets and highways; to further the orderly
layout and use of land; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to facilitate
adequate provision for transportation, water, sewerage, schools, parks,
playgrounds and other public requirements; and to facilitate the further
resubdivision of larger tracts into smaller parcels of land. The provisions
of this chapter are made with reasonable consideration, among other
things, of the character of the Town with a view of conserving the
value of the buildings placed upon the land, providing the best possible
environment for human habitation and encouraging the most appropriate
use of land throughout the Town.
The provisions of this chapter shall be liberally
construed in favor of the Town and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
It is not the intent of this chapter to repeal,
abrogate, annual, impair or interfere with existing rules and regulations
governing the subdivision of land; provided, however, that where this
chapter is more restrictive, the provisions of this chapter shall
govern.
A.
The jurisdiction of this chapter shall include all
lands and waters within the Town of Grand Chute.
B.
Exceptions. In no instance shall the provisions of
this chapter apply to:
(1)
Transfer 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)
The 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 this chapter or other applicable laws or ordinances.
(4)
Cemetery plats per § 157.07, Wis. Stats.
(5)
Assessor's plats per § 70.27, Wis. Stats.
No person, firm or corporation shall divide,
monument or describe any land located within the jurisdictional limits
of these regulations which results in a subdivision, other division,
or a replat as defined herein, no such division, other division, or
replat shall be entitled to record, and no streets shall be laid out
or improvements made to land without compliance with all requirements
of this chapter and:
A.
Provisions of Ch. 236, Wis. Stats.
B.
Rules of the Wisconsin State Department of Safety
and Professional Services 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 State Department of Transportation if
the land owned or controlled by the subdivider abuts on a state trunk
highway or connecting street.
D.
A duly approved Comprehensive Plan or any component thereof, including Chapter 535, Zoning, of this Code, the Official Map, and all other applicable ordinances of the Town.
E.
Applicable local and county ordinances.
The recording of a condominium plat or amended condominium plat shall constitute a division, monumenting or description of lands subject to regulation and approval by the Town Board and shall be deemed as a subdivision, other division or amended plat or replat. No improvement to said lands shall be made without a building permit obtained in compliance with Chapter 220, Building Construction, of this Code. No common area streets, easements or public dedications access shall be laid out or improvements made to land without compliance with all requirements of this chapter and:
A.
All restrictive covenants, conditions and regulations
required by the Town at the time of approval of the condominium plat.
B.
Rules of the Wisconsin State Department of Safety
and Professional Services 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 State Department of Transportation if
the land owned or controlled by the subdivider abuts on a state trunk
highway or connecting street.
D.
A duly approved Comprehensive Plan or any component thereof, including Chapter 535, Zoning, of this Code, the Official Map, and all other applicable ordinances of the Town.
E.
Applicable local and county ordinances.
A.
No land shall be subdivided which is held unsuitable
for use by the Plan Commission for reason of flooding, inadequate
drainage, adverse soil or rock formation, unfavorable topography,
inadequate water supply or sewage disposal capabilities, or any feature
likely to be harmful to the health, safety, or welfare of the future
users of the proposed subdivision or of the community. The Plan Commission,
in applying the provisions of this section, shall recite the particular
facts upon which it bases its conclusions that the land is not suitable
for the proposed use and afford the subdivider an opportunity to present
evidence regarding such unsuitability if he so desires. Thereafter
the Plan Commission may affirm, modify, or withdraw its determination
of unsuitability.
B.
Where the subdivision of a tract of land contains
a portion of land unsuitable for development because of poor drainage,
floodable conditions, poor soil conditions, adverse rock formation,
unfavorable topography, inadequate water supply or sewage disposal
capabilities, or for any other reason, such areas shall not be divided
into buildable sites and shall be handled as follows:
(1)
Poor drainage. Land subject to ponding, poor permeability
or poor drainage, or for other causes as determined by the Plan Commission
or its designated agent, and if said land is not zoned as a conservancy
or wetland-floodplain district on an applicable zoning district map
in which buildings are prohibited, shall be subject to the following
requirements:
(a)
If said land is designated as park, parkway,
other open space, or other public use on an official plan of the Town,
the developer may dedicate said land to the Town or county but in
any case must reserve said land for not less than two years for acquisition
by the Town or county.
(b)
If said land is not designated as a park, parkway,
or other public use on an official plan, then the developer shall
cause said land to be carried in a private easement in the individual
deeds affected hereby, and no permit shall be issued for a building
therein.
(c)
In lieu of the requirements set forth in Subsection B(1)(a) above, the developer may, at his expense, prepare a development proposal for the problem area. It shall be submitted for the Plan Commission's approval and shall be accompanied by a site plan and adequate engineering data to ensure that the public health, safety and welfare will not be violated if approved and provide a performance guarantee to the Town to insure that such will be done at a specified time if approved.
(2)
Floodable conditions/drainageways.
(a)
If floodplains have been determined and are
delineated on an applicable zoning district map or as determined by
the Plan Commission from sources available to it, the plat shall be
designated accordingly so that all building sites have sufficient
area for the efficient operation of a private disposal system and
so that the lowest floor level of a building shall be two feet above
the normal high-water line.
(b)
In designing plats, drainage easements shall
be shown on the final plat where conditions warrant and as determined
by the Plan Commission or as determined by sources available to it,
and building permits shall not be issued therein.
(3)
Adverse soil and rock formation:
(a)
Soil suitability rating for a proposed subdivision
shall be determined by the Plan Commission from sources available
to it. In order to determine the precise location of soil boundaries,
on-site investigation by soil scientists may be necessary at the expense
of the developer. In areas where no public sewer is available, this
investigation is mandatory and shall be made by a certified soil tester
at the expense of the developer and according to procedures established
by the State Department of Safety and Professional Services. The minimum
lot size determined by this soil investigation shall supersede the
minimum lot size allowed by Town zoning.
(b)
Where soil interpretations determine that a tract of land is unsuitable for development, the developer may submit a proposal indicating how the soil problem can be overcome. The proposal shall include a site plan and adequate engineering data for approval by the Plan Commission. If this proposal is approved, the developer shall provide a performance guarantee to the Town, as required by § 475-15E.
For the purpose of these regulations, the following
terms are defined. Words used in the present tense include the future,
the singular number includes the plural number, and the plural number
includes the singular number. The word "shall" is mandatory.
A special public way affording only secondary access to abutting
properties.
A street used, or intended to be used, primarily for fast
or heavy through traffic. Arterial streets shall include freeways
and expressways as well as standard arterial streets, highways and
parkways.
A parcel of land bounded on at least one side by a street
and on the other sides by a natural or man-made barrier.
Town Board of Supervisors of the Town of Grand Chute.
A parcel of land occupied, or intended to be occupied, by
a structure as permitted under applicable zoning regulations.
A map of a land split prepared in accordance with this chapter
and Ch. 236, Wis. Stats. See "minor subdivision."
Clerk of the Town of Grand Chute.
A street used, or intended to be used, to carry traffic from
minor streets to the major system of arterial streets, including the
principal entrance streets to residential developments.
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic or physical interests.
A master plan adopted by the Town Plan Commission and certified
by the Town Board pursuant to § 62.23, Wis. Stats., including
proposals for future land use, transportation, urban redevelopment
and public facilities. Devices for the implementation of these plans,
such as zoning, official map, land division, and building line ordinances
and capital improvement programs, shall also be considered a part
of the Comprehensive Plan.[1]
Outagamie County.
A minor street closed at one end with a turnaround provided
for vehicles.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
A street used, or intended to be used, primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creating of four parcels or building sites, any one of which
is 10 acres in size or less, or the division of a block, lot or outlot
within a recorded subdivision plat into not more than four parcels
or building sites without changing the exterior boundaries of said
block, lot or outlot, or where a road is created. See "certified survey
map."
That map adopted pursuant to § 62.23, Wis. Stats.,
which shows existing and proposed streets, highways, parkways, parks
and playgrounds, and drainageways.
A parcel of land, not intended for immediate development,
so designated on the plat, replat or certified survey map.
Town of Grand Chute Plan Commission.
A map of a subdivision complete with all certificates and
engineering data per Ch. 236, Wis. Stats.
The changing of the boundaries of a recorded subdivision
plat or part thereof.
Any person, firm, corporation, any agent thereof, assigns
or the landowner at the time the subdivision plat is recorded dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat, as defined herein.
The division of a lot, parcel or tract of land by the owners
thereof, or their agents, for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 10 acres each or less in area or
where the act of division creates five or more parcels or building
sites of 10 acres each or less in area by successive division within
a period of five years.
Town of Grand Chute.
Town Board of Supervisors of the Town of Grand Chute.
Town Clerk of the Town of Grand Chute.
[Amended 6-18-2002]
A.
Wherever a tract of land to be subdivided embraces
all or any part of an arterial street, collector street or other street,
drainageway or other public way which has been designated in the Comprehensive
Plan or on the Official Map of the Town, or so designated on an official
map of a continuous municipality which exercises extraterritorial
jurisdiction, said public way shall be made a part of the plat and
dedicated or reserved or treated by the developer as determined by
the Plan Commission in the locations and dimensions indicated on such
plat and as set forth in this chapter.
B.
A collector street shall be dedicated with at least
80 feet of right-of-way. A local street shall be dedicated with at
least 66 feet of right-of-way.
C.
Wherever a proposed playground, park, school site
or other public land, other than streets or drainageways, designated
in a Comprehensive Plan or on the Official Map of the Town or so designated
on the official map of a contiguous municipality which exercises extraterritorial
jurisdiction is embraced, all or in part, in a tract of land to be
subdivided, these proposed public lands shall be so designed as to
be made an integral part of the plat and may be dedicated, but in
any case shall be reserved, for acquisition at undeveloped land costs
by the agency having jurisdiction for a period not to exceed two years
unless extended by mutual agreement. The Town reserves the right to
select the specific acreage to be used for park, open space, trails
or other public recreational improvements in any development.
D.
Wherever a subdivision abuts a public use area such
as a park, lake, street, or any similar type of public recreational
area, the subdivider, at the option of the Plan Commission, shall
provide an access thoroughfare at least 100 feet wide connecting such
public area with a public street so that there shall be adequate public
access to the public use area as determined by the Commission.
E.
The dedication of land for public purposes, such as
parks, rights-of-way, school sites, and easements, as so indicated
on the final plat becomes effective at the time of recording of the
final plat.
F.
On sites reserved for eventual public acquisition,
no building development is permitted during the time of reservation.
Land so reserved shall be shown on the plat of a subdivision or on
a certified survey map.
A.
Filing
fee. A filing fee shall be required when a preliminary plat and a
final plat are submitted for Town approval. Fee shall be set by the
Town Board.
B.
Park and
open space fees.[1] In order that adequate land shall be dedicated, reserved
and preserved for development of public parks, recreation and open
space and to provide for proper location of such sites as the Town
develops, the following provisions shall be established:
[Amended 4-21-1992; 6-21-2005]
(1)
A park fee shall be paid for development of all open
space. Fees shall be established from time to time by the Community
Development Department subject to approval by resolution of the Town
Board. The park fee shall be paid at the time of application for a
building permit. Said fees shall apply to all buildable residential
lots created after the effective date of this chapter, whether by
certified survey map, subdivision plat, or warranty deed.
(2)
In lieu of the payment of park fees, the developer
of a subdivision may provide and dedicate to the public, to be held
by the Town of Grand Chute, land for park and recreation needs of
the Town. The Plan Commission shall ascertain during the site review
process and/or plat review process that the proposed sites are suitable
for the proposed use. The size and location of all dedications shall
be subject to unanimous approval by the Grand Chute Town Board.
A.
Where the Plan Commission finds that extraordinary
hardships may result from strict compliance with these regulations,
due to physical features of the site or its location, it may vary
the regulations so that substantial justice may be done and the public
interest secured, provided that such variation will not have the effect
of nullifying the intent and purpose of these regulations and any
development plans of any other agency.
B.
In granting variances and modifications, the Plan
Commission may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified.
C.
The Town Board, upon recommendation of the Plan Commission,
may amend, supplement or repeal any of these regulations after public
notice and hearing.
Any person who builds upon, divides, conveys,
records or monuments in violation of or fails to comply with the provisions
of this chapter shall, upon conviction thereof, forfeit an amount
as prescribed in the Uniform Forfeiture and Bond Schedules plus the
costs of prosecution for each violation and in default of payment
of such forfeiture and costs shall be imprisoned in the county jail
until payment thereof, but not exceeding 30 days. Each violation and
each day a violation exists or continues shall constitute a separate
offense. In addition, the remedies authorized by §§ 236.30,
236.31 and 235.32, Wis. Stats., shall be available to the Town.
