This chapter shall be known as the "Subdivision and Division
of Land Code, Fond du Lac, Wisconsin."
A.
The purpose of this chapter shall be to regulate and control subdivision
and division of land within the corporate limits and the area of extraterritorial
plat approval jurisdiction of the City to:
(1)
Regulate the subdivision of land to promote public health, safety
and general welfare.
(2)
Further the orderly layout and use of land.
(3)
Prevent the overcrowding of land.
(4)
Lessen congestion in the streets and highways.
(5)
Provide for adequate light and air.
(6)
Facilitate adequate provision for water, sewerage and other public
requirements.
(7)
Provide ingress and egress.
(8)
Promote proper monumenting of land subdivided and conveyancing by
accurate legal description.
B.
The approvals to be obtained by the subdivider as required in this
chapter are based on requirements designed to accomplish the purposes
above.
A.
The provisions contained in Ch. 236, Wis. Stats., governing the subdivision
and platting of land and such other state laws as may apply and in
any revisions or amendments enacted by the State Legislature; the
rules of the State Department of Safety and Professional Services
relating to lot size and lot evaluation if the subdivision is not
served by a public sewer and provisions for such service have not
been made; and the rules of the State Department of Transportation
relating to safety of access and preservation of the public interest
and investment if the streets of the subdivision abut on a state trunk
highway or connecting street, are all made a part of this chapter,
with the same force and effect as if fully set out herein, except
that where the provisions of this chapter are more restrictive, the
provisions of this chapter shall apply.
B.
Any division of land within the City or its extraterritorial plat
approval jurisdiction which results in a subdivision as defined herein
shall be and any other division may be surveyed and a plat made, approved
and recorded as required by this chapter and by Ch. 236, Wis. Stats.
C.
Any division of land other than a subdivision within the City or
its extraterritorial plat approval jurisdiction for which a plat has
not been approved and recorded shall be surveyed, and a certified
survey map of such division shall be approved and recorded with the
Register of Deeds as required in this chapter and Ch. 236, Wis. Stats.
D.
The provisions of this chapter insofar as they may apply to divisions
of less than five parcels shall not apply to:
(1)
Transfers of interests 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 sizes required by this chapter or
other applicable laws or ordinances.
A.
General. In this chapter, all terms used which are defined in Ch.
236, Wis. Stats., shall have the same meaning as in that chapter,
and as the chapter may be amended, unless otherwise defined in this
chapter or unless the context and/or subject matter clearly indicates
otherwise. All words used in the present tense include the future
tense; the singular includes the plural and the plural includes the
singular; the word "person" includes associations, copartnerships
or corporations; and the term "shall" is mandatory while the word
"may" is permissive.
B.
ALLEY
APPLICANT
BLOCK
BUILDABLE AREA
BUILDING INSPECTOR
CALENDAR DAY
CITY
CITY CLERK
CITY ENGINEER
COLLECTOR STREET
COMPREHENSIVE PLAN
CUL-DE-SAC
DAY
DIVIDER
DOUBLE FRONTAGE LOT
EASEMENT
EXCAVATION
EXISTING GRADE
FILL
FINAL PLAT
FRONTAGE ROAD
HALF STREET
LAND DISTURBING CONSTRUCTION ACTIVITY
LAND IMPROVEMENT
LAND OCCUPIER or OCCUPIER OF LAND
LAND USERS
LOT
MINOR STREET
MINOR SUBDIVISION
NO-ACCESS STRIP
OWNER
PARCEL
PEDESTRIANWAY
PLAN COMMISSION
POST-CONSTRUCTION SITE
PRELIMINARY PLAT
ROADWAY
RURAL STREET
SIDEWALK
STREET
STREET WIDTH
SUBDIVIDER
SUBDIVISION
(1)
(2)
(3)
SUBDIVISION DESIGN STANDARDS
TERRACE
THOROUGHFARE
WATERCOURSE
WORK DAY
Definition of words and phrases. As used in this chapter, the following
terms shall have the meanings indicated:
[Amended 8-28-2002 by Ord. No. 3116[1]]
A right-of-way which affords secondary means of access to
properties abutting upon a street.
A person who applies or is required to apply for approval
of a plan, including the landowner and the person engaging in land
development activities.
A tract of land bounded by streets or by a combination of
one or more streets and parks, cemeteries, shorelines of waterways,
corporate limits, railroad right-of-way or other lines of demarcation.
Lot area exclusive of required setback/yard areas.[2]
The Building Inspector of the City or his authorized representative.
Every day shown on the calendar, including Sundays and holidays.
The City of Fond du Lac, Fond du Lac County, Wisconsin.
The Clerk of the City of Fond du Lac, Wisconsin.
The Engineer of the City of Fond du Lac, Wisconsin, or his
authorized representative.
A street within a subdivision which has a wider roadway width
than that of a minor street and which is a prime entrance or circulation
street. Its primary function is to collect and distribute traffic
from minor streets.
Refers to the composite elements of the Comprehensive Plan
of the City and its environs, or any segment thereof, in the form
of plans, maps, charts and textual material as adopted by the Plan
Commission.[3]
A minor street with a single outlet.
Calendar day unless otherwise specified.
An owner as defined herein commencing proceedings under the
land division provisions of this chapter.
A lot which has a pair of opposite lot lines along two substantially
parallel streets.
An area of land set aside and over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.[4]
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include conditions
resulting therefrom.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock, construction
rubble or any other material is deposited, placed, replaced, pushed,
dumped, pulled, transported or moved to a new location and shall include
conditions resulting therefrom.
A map or plan of subdivision and any accompanying material as described in § 705-7.
A minor street which is parallel to and either adjacent to
or within the right-of-way of a thoroughfare.
A street of less than the total required width along one
or more property lines of a subdivision.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavation, pit trench dewatering, filling and grading activities,
and soil stockpiling.[5]
A sanitary sewerage system, storm sewer system, water supply
and distribution system, roadway, terrace, sidewalk, pedestrianway,
no-access strip, off-street parking area or other improvement which
the City may require under this chapter.
Any person who has a fee simple interest in the land either
as sole owner, as a tenant in common or a joint tenant, or who holds
land as a trustee, assignee, or land contract vendee.[6]
Those who use land, individually or collectively, as owners,
operators, lessors, renters, occupiers who are providing a service
that requires access to or alterations of the land in order to perform
the service, and any other person who disturbs private or public land
for any purpose.
A portion of a subdivision or other parcel of land intended
for transfer of ownership or for building development.
A street of limited continuity. Its primary purpose is to
serve abutting properties.
A division of a lot, parcel or tract of land by the owner
thereof or his agent for the purpose of sale or of development where
the act of division:
A land area at least 12 feet wide along the rear lot line
of a double frontage lot and abutting a thoroughfare.
Includes any firm, association, partnership, private corporation,
public or quasi-public corporation or a combination of any of them
or other legal entity having sufficient proprietary interest in the
land sought to be subdivided or divided to commence and maintain proceedings
under the provisions of this chapter.
All contiguous lands under the ownership or control of a
land occupier or land user.
A right-of-way across or within a block designated for pedestrian
use.
The Fond du Lac City Plan Commission.
A construction site following the completion of land disturbing
construction activity and final site stabilization.[7]
A tentative map or plan of a proposed subdivision as described in § 705-6.
That portion of the street designated for vehicular use.
A street with no curb and gutter and no enclosed stormwater
drainage facilities, having instead road ditches and open channels
for water drainage purposes.
That portion of the street designated for pedestrian use.
A right-of-way that affords primary means of access by vehicles
and pedestrians to abutting properties, whether designated as a street,
avenue, highway, road, boulevard, lane or however otherwise designated.
The shortest distance between the right-of-way lines of a
given street.
Any owner commencing proceedings under this chapter.
A division of a lot, parcel or tract of land by the owner
thereof or his agent for the purpose of sale or of building development,
where:
The act of division creates five or more parcels or building
sites of 1 1/2 acres each or less in area.
Five or more parcels or building sites of 1 1/2 acres each
or less in area are created by successive divisions within a period
of five years.
The act of division involves the creation of a new street.
The basic land planning principles established as guides
for the preparation of preliminary plats.
An unpaved strip of land situated within the right-of-way.[8]
A street with a high degree of continuity which also serves
as an arterial traffic way between the various districts of the City
and its environs.
A lake, pond, stream or other waters that are navigable under
the laws of the state.
A calendar day, except Saturdays, Sundays and City-recognized
holidays.
[1]
Editor's Note: The following definitions were deleted from this subsection at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "building setback line," "butt lot," "design storm," "detention," "land development activity," "peak flow," "peak runoff rate," "runoff," "SCS TR-55," "storm frequency," "stormwater management plan," "stormwater runoff" and "structural measures."
