These regulations are adopted under the authority granted by Ch. 236, Wis. Stats.
A. 
The purpose of this chapter is to:
(1) 
Promote the public health, safety and general welfare of the Village;
(2) 
Lessen congestion in the streets and highways;
(3) 
Further the orderly layout and use of land, secure safety from fire, panic and other dangers;
(4) 
Provide adequate light and air;
(5) 
Prevent the overcrowding of land;
(6) 
Avoid undue concentration of population;
(7) 
Facilitate the adequate provision for transportation, water, sewerage, surface drainage, schools, parks, playgrounds and other public requirements; and
(8) 
Facilitate the further resubdivision of larger parcels into smaller parcels of land.
B. 
All decisions made by the Plan Commission pursuant to the provisions of this chapter are recommendations to the Village Board and are subject to Village Board review and action.
A. 
The following terms, whenever they occur in this chapter, are defined as follows:
ACT OF DIVISION
The division of a lot or parcel of land into two or more parcels.
CERTIFIED SURVEY MAP
A map or plan of record of a land division, not a subdivision, meeting all the requirements of § 236.34, Wis. Stats., and of this chapter.
DEVELOPMENT PLAN
A total site plan for an area of land 40 acres or more in size under the control of a developer at the time of submission for review. Said plan specifies and illustrates the location, relationship and nature of all uses, easements, streets, pedestrian paths, common open space and other public ways.
DRIVEWAY
A surfaced vehicle access from private property to a public street.
EXTRATERRITORIAL JURISDICTION
The unincorporated area within 1 1/2 miles of the corporate limits.
FINAL PLAT
The map or plan of record of a subdivision and any accompanying material as required in §§ 371-15 and 371-20.
GOVERNING BODY
The Village Board of the Village of Benton.
GREENWAY
An open area of land included under the definition of "parkway" the primary purpose of which is to carry stormwater on the surface of the ground in lieu of an enclosed storm sewer. Greenways may serve the following multiple public purposes in addition to their principal use, including, but not limited to, vehicular and/or pedestrian traffic, sanitary sewers, water mains, storm sewers, stormwater retention basins, park development, and other related uses.
IMPERVIOUS LOT AREA
Roof areas, concrete, gravel, or bituminous surfaces, sidewalks, decks, or other hard surface areas.
LAND DIVISION
The division of a lot or parcel of land for the purpose of transfer of ownership or building development, where the act of division creates two or more parcels, lots or building sites, any one of which is 15 acres or less in area. The successive land division of a lot or parcel shall not create more than two parcels in any five-year period.
LOT
A parcel of land having frontage on a public street or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter and any applicable zoning ordinance.
LOT AREA
The area contained within the exterior boundaries of a lot excluding streets, easements and land under navigable bodies of water.
LOT, CORNER
A lot abutting intersecting streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having a pair of opposite lot lines along two or more or less parallel public streets and which is not a corner lot. On a double frontage lot, both street lines shall be deemed front lot lines.
LOT LINES
The peripheral boundaries of a lot as defined herein.
LOT, REVERSED CORNER
A corner lot which is oriented so that it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.
LOT WIDTH
The width of a parcel of land measured along the front building line.
MASTER PLAN
The comprehensive plan for guiding and shaping the growth and development of the Village of Benton, including all of the component parts, as prepared by the Plan Commission and certified to the Village Board.
MEANDER
A curve in the course of a river which continually swings from side to side in wide loops as it progresses across flat country.
OFFICIAL MAP
The map indicating the location, width and/or extent of existing and proposed streets, highways, parkways, parks and playgrounds, as adopted by the Village Board pursuant to § 62.23(6), Wis. Stats.
PARCEL
Contiguous lands under the control of a subdivider, not separated by streets or highways.
PARKWAY
Any right-of-way for vehicular or pedestrian traffic, or both, with full or partial control of access and usually located within a park or a ribbon of park-like development. Said parkway may include greenways required for stormwater drainage purposes where the drainage improvement is to include park-like treatment and where pedestrian or vehicular travel may be permitted.
PLAN COMMISSION
The Village of Benton Plan Commission.
PLAT
A map of a subdivision.
PRELIMINARY PLAT
A map delineating the features of a proposed subdivision or land division as described in § 371-17, submitted to the Plan Commission for preliminary consideration prior to the final plat and, when required, prior to a land division.
PUBLIC WAY
Any public road, street, highway, walkway, drainageway, greenway, parkway, or part thereof.
REPLAT AND RESUBDIVISION
The process of changing, or the map which changes, the boundaries of a recorded plat or part thereof. The legal division of a larger block, lot or outlot within a recorded plat, without changing the exterior boundaries of said block, lot or outlot is not a replat. See § 236.36, Wis. Stats.
STREET
A public way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated:
(1) 
ARTERIAL STREETS AND HIGHWAYSThose streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances, including State Highway 11.
(2) 
COLLECTOR STREETSStreets which provide moderate speed movement of persons and goods between major arterials and/or activity centers, including: State Highway 11, County Trunk Highways J. They are basically local streets which, because of directness of routing and higher capacity, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
(3) 
LOCAL STREETSStreets designed for low speeds and low volumes which provide access from low traffic-generating areas to collector and arterial systems.
(4) 
ALLEYA public right-of-way which affords a secondary means of access to abutting property.
(5) 
CUL-DE-SAC STREETSStreets closed at one end with turnarounds.
(6) 
DEAD-END STREETSStreets closed at one end without turnarounds.
SUBDIVIDER
Any person, firm, partnership, corporation, association, estate, trust, or other legal entity requesting review of action on a land division or subdivision.
SUBDIVISION
The division of a lot or parcel of land for the purpose of ownership transfer or building development, where:
(1) 
The act of division creates three or more parcels or building sites of five acres each or less in area; or
(2) 
The act of division creates three or more parcels or building sites of five acres or less in area by successive divisions within a period of five years.
URBAN SERVICE AREA
That area which the Village Board has designated as the area within which it expects the provision of the full range of urban facilities and services. For purposes of this chapter, the full range of services includes, but is not limited to, sanitary sewer, storm sewer, water supply and distribution, fire service and police, parks and open space, recreation, schools, and transportation.
UTILITY EASEMENT
An easement to place, replace, maintain, or move utility facilities.
VILLAGE
The Village of Benton, Wisconsin, or its duly elected Village Board.
VILLAGE BOARD
The Village Board of the Village of Benton, Wisconsin.
ZONING CODE
The Village of Benton Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 390, Zoning.
B. 
Other. All other pertinent terms not defined above shall be defined in Chapter 390, Zoning, of the Code of the Village of Benton and in Ch. 236, Wis. Stats.
(Reserved for future use.)
A. 
Compliance; additional regulations.
(1) 
Any person dividing land within the Village, or within its extraterritorial plat approval jurisdiction which results in a subdivision, shall prepare a plat of the subdivision or a certified survey map in accordance with the requirements of this chapter and:
(a) 
The provisions of Ch. 236, Wis. Stats.;
(b) 
The rules of the State Department of Transportation contained in the Wisconsin Administrative Code (Ch. Trans 233) for subdivisions which abut a state trunk highway or connecting street;
(c) 
Village ordinances and regulations (only within the Village);
(d) 
Master Plan or Master Plan component adopted by the Village;
(e) 
The rules of the Department of Safety and Professional Services contained in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public sewer;
(f) 
The rules of the Wisconsin Department of Natural Resources contained in the Wisconsin Administrative Code for the floodplain management program, and the shoreland-wetlands management program;
(g) 
Comprehensive plans or components of such plans prepared by state, regional, county or municipal agencies duly adopted by the Village Board.
(2) 
Provided, however, that this chapter shall not apply to:
(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) 
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.
B. 
Compliance; issuance of permits. The Village of Benton shall not recognize, and no building or other permits shall be issued by the Village authorizing, the building on, occupancy, or improvement of any parcel of land not on record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully complied with and a resolution approving the land division has been adopted by the Village Board.
C. 
Applicability to condominiums. This chapter is expressly applicable to condominium developments within the Village's jurisdiction, pursuant to § 703.27(1), Wis. Stats. For purposes of this chapter, a condominium unit and any associated limited common elements shall be deemed to be equivalent to a lot or parcel created by the act of subdivision.
Whenever a lot or parcel of land to be divided as a subdivision or as a land division contains all or in part a street, highway, greenway, watercourse, or a drainageway or utility easement designated in the Master Plan or Official Map, said public way shall be platted and dedicated by the subdivider in the location and width indicated along with all other streets.
A. 
The subdivider shall designate on every new preliminary plat of a residential subdivision an area of land suitable for park or playground purposes and shall dedicate such land to the public. The amount of land to be provided shall be at least one acre of land for every 30 proposed residential units within the plat. However, the total amount of land dedicated for public purposes or otherwise provided for meeting the objectives of this section and § 371-6 need not exceed 1/3 of the total area of the plat. The Village Board reserves the right to select those lands within the plat it considers best suited to meeting the recreational needs of the Village, providing such selection does not violate other provisions of this section. Lands required for drainageways or stormwater retention/detention required by this chapter shall not be used to satisfy the requirements of this section. If no land in the plat is selected for park purposes, the Village Board shall require the subdivider to pay the Village the sum of $600 per permitted residential dwelling unit created by such plat with the following schedule designating the fee based on the designated zoning:[1]
District
Units
Per Lot
R-SL, SM, SH
1
$600
R-T
2
$1,200
R-M
3
$2,400
B-G
4
$1,200
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
If the subdivider of a lot designated R-M, B-G, or other residential zoning desires to build more units on the lot than is set forth on the above schedule, the developer shall pay the $600 for each unit in excess of that listed on the schedule. Residential units approved on lots in other residential zoning districts shall also be assessed $600 per unit.
C. 
As a part of the review of each preliminary plat, the Plan Commission shall refer the plat to the Parks Committee for its recommendation as to whether land should be dedicated, or fees paid in lieu of dedication (see § 371-14). If land is to be dedicated, the Committee will make its recommendation as to amount and location. The Plan Commission will make its recommendation to the Village Board as a part of its review of the preliminary plat. The Village Board will make the final decision on payment or land dedication as a condition of approval of the preliminary plat.
D. 
The sums due in Subsections A and B above shall be paid in cash at the time of the signing of the final plat by the Village. In the alternative, the subdivider may elect, by written agreement, to pay the fee in five equal installments. The parkland dedication fee agreement will be a recordable instrument and the land divider will pay the cost of recording. The first installment shall be paid to the Village Clerk-Treasurer at the time of the signing of the final plat by the Village. A flat interest rate of 12% per annum will be charged for the installment payment. Thereafter, the balance, together with interest thereon, may be paid in cash and if not, 1/5 shall, together with interest, be paid in four equal annual installments, the second installment and each installment due thereafter shall be billed and paid a part of the real estate taxes for the year. Interest shall be 1% higher than interest paid by the Village for its standard borrowing rate. There shall be no refunds if a lesser number of units are built than are authorized by the above schedule. In any event, full payment of the sums due hereunder shall be paid upon sale of the unit property.
E. 
The developer of residential land divided by a certified survey map shall also be required to pay the Village the sum of $600 per permitted dwelling unit created by such land division pursuant to Subsections A and B above. Such fee shall be paid on or before the time the survey map is signed by the Village.
F. 
Should any landowner hereafter request a zoning change creating higher density lots, such request shall be accompanied by a signed statement by the petitioner that should the zoning change be granted by the Village Board, he or she will, within five days thereafter, pay the amounts in accordance with the above schedule. The Board may, however, determine that payment may be made in installments upon compliance with the terms of this chapter.
G. 
Funds generated by this section shall go into a designated park fund to be used by the Village for public park purposes.
A. 
When parklands are dedicated to the Village, the subdivider is required to:
(1) 
Properly grade and contour for proper drainage;
(2) 
Provide surface contour suitable for anticipated use of area as approved by the Village Engineer; and
(3) 
Cover areas to be seeded with a minimum of four inches of quality topsoil, seed as specified by the Village Engineer, fertilized with 16-6-6 or 10-10-10 at a rate of seven pounds per 1,000 square feet, and mulched, as specified in the standard "Specifications for Road and Bridge Construction Section 627 and 629." The topsoil furnished for the park site shall consist of the natural loam, sandy loam, silt loam, silty clay loam or clay loam humus-bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one year following issuance of the first building permit within that land division unless otherwise authorized by the Village. The improved area shall not be deemed officially accepted until a uniform grass cover to a two inch height has been established. It shall be the responsibility of the subdivider to maintain the area until the Village accepts the dedication.
B. 
It shall be the responsibility of the Village to maintain the dedicated areas upon their dedication and acceptance by the Village.
C. 
A neighborhood park area shall be provided by the subdivider with a standard residential water service unless located directly adjacent to a fire hydrant. A community park area shall be provided by the developer with a minimum six-inch water service or at least one fire hydrant, and at least one four-inch sanitary sewer lateral, all located, at the street property line.
D. 
The Village Board may require certification of compliance with this section by the subdivider. The cost of such report shall be paid by the subdivider.
E. 
If the subdivider fails to satisfy the requirements of this section, the Village Board may contract said completion and bill such costs to the subdivider, following a public hearing and written notice to the subdivider of noncompliance. Failure to pay such costs may result in the immediate withholding of all building permits until such costs are paid.
F. 
The subdivider shall pay all costs of public improvements in the public streets adjacent to or within all public and/or park lands.
Whenever a parcel of land to be divided as a subdivision or as a land division contains all or in part a site for a park or playground which has been designated on the Master Plan, and the area of which is in excess of the amount of land required to be dedicated in § 371-7 above; or a school site, or other public site which has been designated on the Master Plan, such park, playground, school site or public site shall be reserved for purchase by the Village for a period of two years from the date of approval of the final plat unless extended by mutual agreement.
A. 
No land shall be divided or subdivided for a use which is held unsuitable by the Village for reason of flooding or potential flooding, soil limitations, inadequate drainage, incompatible surrounding land use, or any other condition likely to be harmful to the health, safety or welfare of the future residents or users of the area, or harmful to the community.
B. 
The subdivider shall furnish such maps, data and information as may be necessary to make a determination of land suitability. In addition to the data required to be submitted with the preliminary plat, the subdivider may be required to submit some or all of the following additional information for development located in an area where flooding or potential flooding may be a hazard:
(1) 
Two copies of an aerial photograph, or two maps prepared by a registered land surveyor or engineer which accurately locate the proposed development with respect to floodplain zoning district limits, if present, channel or stream fill limits and elevations, and floodproofing measures taken or proposed to be taken;
(2) 
Two copies of a typical valley cross-section showing the channel or the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high-water information;
(3) 
Two copies of a profile showing the slope of the bottom of the channel or flowline of the stream;
(4) 
Such other data as may be required;
(5) 
The subdivider may, as a part of the preapplication procedures; request a determination of land suitability providing that he or she shall provide all necessary maps, data and information for such a determination to be made at that time.
C. 
After referral from the Village Board, should the Plan Commission determine that the land is unsuitable for the intended use or development, it shall state its reasons, in writing, to the subdivider and make its recommendation to the Village Board.
D. 
When a proposed subdivision is located in an area where flooding or potential flooding may be a hazard, the Plan Commission may transmit to the Division of Environmental Protection, Wisconsin Department of Natural Resources, one set of the information required and shall request that Division to provide technical assistance in determining whether the land is suitable or unsuitable for the use proposed.
A. 
A preliminary plat or final plat shall not be approved unless the Plan Commission and the Village Board determine that adequate public facilities and public services are available to meet the need of the proposed subdivision.
B. 
The applicant shall furnish any data requested by the Village Board, or its designee, who shall transmit this information to the appropriate commission(s) and committee(s) for review and shall act as coordinator of their reports to the Plan Commission and Village Board on the adequacy of water, sanitary and storm sewers, fire, police and emergency medical services, parks and open space and recreation facilities, transportation facilities and schools.
A. 
Purpose.
(1) 
The Village Board hereby finds that certain issues arise in condominium developments that require limited applicability of this chapter to condominium developments. The State Legislature has recognized that subdivision ordinances may apply to condominiums but that subdivision ordinances shall not impose burdens upon condominiums that are different from those imposed on other property of a similar character not subject to a declaration of condominium.
(2) 
The factor that makes this chapter applicable to a condominium development is the creation of multiple, distinct property entities at or near the ground surface, subject to property taxation as separate parcels, with each property entity having different ownership and management. The Village of Benton determines that this factor makes a condominium development dissimilar, both physically and in ownership, management and control.
(3) 
Thus, the Village Board hereby finds that new condominium developments can place impacts on community resources in the same manner as other new developments which are characterized by division of land into lots. These impacts include:
(a) 
Additional population density;
(b) 
Possibility of use of particular land in a manner unsuitable to the land's characteristics;
(c) 
Additional demands upon Village area parks, recreation areas, utility facilities and schools;
(d) 
Additional traffic and street use.
B. 
Portions of chapter applicable to condominium developments. The following sections of this chapter shall apply to condominium developments:
(1) 
Section 371-10 relating to land suitability and construction practices.
(2) 
Section 371-14 relating to preliminary plat approval. This stage of all approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 371-17 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
(3) 
Section 371-38 relating to fees for review.
(4) 
Article V relating to required improvements.
(5) 
Article IV relating to design standards for improvements.
(6) 
Sections 371-6, 371-7 and 371-8.
C. 
Exceptions. This section shall not apply to the following condominiums:
(1) 
Any condominium plat recorded prior to the effective date of this chapter.
(2) 
Any conversion of a structure or structures in existence on the effective date of this chapter to a condominium after the effective date of this chapter.