It is hereby declared to be the policy of the Village of Dresser
to consider the subdivision of land and the subsequent development
of the subdivided plat as subject to the control of the Village, pursuant
to the official master plan, for the orderly, planned, efficient and
economical development of the Village. Land to be subdivided shall
be of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace,
and land shall not be subdivided until proper provision has been made
for drainage, water, sewerage, utilities and capital improvements
such as schools, parks, recreation facilities, transportation facilities
and improvements.
The purpose of this chapter is to promote the public health,
safety and general welfare of the Village and these regulations are
designed to lessen congestion in the streets and highways; to further
the orderly layout and use of land; to insure proper legal description
and proper monumenting of subdivided land; to secure safety from fire,
panic and other dangers; to provide adequate light and air; to prevent
the overcrowding of land and avoid undue concentration of population;
to facilitate adequate provisions for transportation, water, sewage,
utilities and other public requirements; to facilitate the further
resubdivision of larger tracts into smaller parcels of land. These
regulations are made with reasonable consideration, among other things,
of the character of the Village with a view of conserving the value
of buildings placed upon land, providing the best environment for
human habitation and for encouraging the most appropriate use of land
throughout the Village.
Except as otherwise specifically set forth in sec. 18.09 of
this chapter, jurisdictional limits of these regulations shall be
all lands within the corporate limits of the Village and all unincorporated
areas within 1 1/2 miles of its corporate limits, subject to
the provisions of § 66.0105, Wis. Stats.
No person may divide any land located within the jurisdictional
limits of these regulations which results in a major subdivision,
minor subdivision or replat, as defined herein, and no such major
subdivision, minor subdivision or replat shall be entitled to be recorded
without full compliance with all requirements of this chapter and
Ch. 236, Wis. Stats. The provisions of this chapter shall not 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) Sale or exchange of parcels of land between owners of adjoining properties
if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by these regulations,
the Zoning Code or other applicable ordinances or laws.
For the purpose of this chapter, the following definitions shall
be used:
(1) BUILDING LINE — A line parallel to and at a given distance
from the street right-of-way. There shall be no building or structure
erected in this area.
(2) DIRECTOR — The State Director of Regional Planning and Community
Assistance, the Wisconsin Department of Development or such other
official as may be delegated by law to approve plats at the State
level.
(3) DRAINAGE — A natural or man-made ditch or watercourse in which
surface water or high ground water can be drained from an area.
(4) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION — The unincorporated
area within 1-1/2 miles of the corporate limits of the Village, as
provided in § 236.02(2), Wis. Stats., subject to the provisions
of § 66.0105, Wis. Stats.
(5) GREENWAY — A parcel of land containing a natural waterway or
drainageway intended to be used in whole or in part for open space,
surface drainage, parks, recreation, utilities, streets or any other
purpose deemed by the Village to be for the public good or welfare.
(6) MAP — The drawing required for a minor subdivision and the
same as the certified survey map provided for in § 236.34,
Wis. Stats.
(7) OUTLOT — A parcel of land other than a lot or block so designated
on a plat.
(8) PLAT — The drawing required for a major subdivision.
(9) REPLAT — The changing of the boundaries of a recorded subdivision
or a part thereof.
(10) ROADWAY — That portion of the street which is used for vehicular
traffic.
(11) STREET — A right-of-way for vehicular traffic, whether designated
as a street, highway, thoroughfare, parkway, throughway, road, avenue,
drive, lane, place or however otherwise designated, and includes all
of the area between the street or right-of-way lines. All lots shall
abut upon a public street. Streets are further designated as follows:
(a)
ALLEY — A street which is a secondary means of access
for vehicular traffic.
(b)
BOUNDARY STREET — A street in a subdivision in which part
of the right-of-way is within the subdivision and the rest of the
right-of-way is outside the subdivision.
(c)
COLLECTOR STREET — A street which carries traffic from
local streets to the system of major arterials and includes the principal
entrance streets to residential development.
(d)
CUL-DE-SAC — A local street with only one outlet which
terminates in a turnaround for the reversal of traffic.
(e)
DEAD END STREET — A street that does not connect with
a street system opened to traffic.
(f)
FRONTAGE STREET — A local street which is parallel with
and adjacent to a major arterial street and which provides access
to abutting properties and protection from traffic.
(g)
LOCAL STREET — A street which is used primarily for access
to abutting properties.
(h)
MAJOR ARTERIAL STREET — A street which is used primarily
for fast or high volume through traffic.
(12) SUBDIVIDER — Any person dividing, or proposing to divide, land
resulting in a subdivision.
(13) SUBDIVISION — When used alone, subdivision shall include both
major and minor subdivisions. A replat is also a subdivision. The
definitions herein shall apply with equal effect to the division or
creation of parcels or building sites whether or not said tracts shall
at such time be part of a previously platted subdivision.
(a)
SUBDIVISION MAJOR PLAT — 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:
1.
The act of division creates three or more parcels or building
sites two acres each or less in area; or three or more parcels or
building sites of two acres each or less in area are created by successive
divisions within a period of five years.
2.
The act of division or the creation of any parcels or building
sites results in the creation or alteration of any street or alley.
(b)
SUBDIVISION MINOR PLAT (CERTIFIED SURVEY) — In those instances
where lots are created, but in insufficient numbers to require a plat
under the requirements of this subsection, any proposed lot division
shall comply with the recorded certified survey provisions of Ch.
236, Wis. Stats., and shall be approved by the Village Board in accordance
with the procedure for submitting subdivisions, except that no State
agency review is required.
(14) SURVEYOR — A State of Wisconsin registered land surveyor.
[Amended by Ord. No. 169]
(1) Preliminary meeting. Before filing any preliminary plat, pursuant
to sub. (2) below, a subdivider shall meet with the Plan Commission
regarding the requirements of this chapter affecting any proposed
development.
(a)
The developer shall present at the preliminary meeting with
the Plan Commission a concept plan which shall consist of not less
than a sketch of the proposed development showing applicable elevations,
proposed lot layouts and the relationship of the proposed development
and lots to all existing storm sewer, sanitary sewer and water main
lines and hookups within or abutting the proposed development.
(b)
The developer shall present, in addition to the concept plan
in par. (a) above, a letter of intent which shall consist of not less
than cash, a certified check, a letter of credit from a reputable
financial institution or a performance bond from a reputable surety
sufficient to reimburse the Village all of its engineering, legal
and administrative and related expenses incurred with respect to the
developer's proposal commencing at the preliminary meeting and
continuing through the full and final completion of the project. The
letter of intent shall also provide to the Village such estimates
and assurances as will reasonably inform the Plan Commission as to
the developer's total expected costs expressed in phases or as
a final total, such personal and other appropriate financial disclosure
as will enable the Plan Commission to evaluate the reasonable likelihood
that the developer will have or be able to acquire the resources to
complete the project, and an assurance as to the developer's
intent to enter into a developer's agreement with the Village
in the event of and contemporaneously with the Village Board's
approval of the developer's preliminary plat of the proposed
development if such approval is given pursuant to sub. (2) below.
(c)
The applicant shall submit to the Clerk-Treasurer an administrative
processing fee with the application in the amount of $150.
[Added by Ord. No. 180]
(2) Preliminary plat.
[Amended by Ord. No. 169]
(a)
The subdivider shall file 10 copies of the preliminary plat
or map with the Clerk-Treasurer, said copies to be forwarded to appropriate
Village and State approving authorities. The preliminary plat shall
show clearly the existing conditions of the adjoining sites, including
data on covenants, land characteristics, available community facilities
and utilities, easements, street locations and lot widths and depths.
The proposed layout shall be shown on a topographic map at a scale
of one inch equals 100 feet having two foot contour intervals and
shall identify the improvements, e.g., grading, tree planting, paving,
installation of the facilities and dedications of land, which the
subdivider proposes to make and shall indicate when the improvements
will be provided. Any proposed restrictive covenants for the land
involved shall be stated. The Village Board shall reject, approve
or approve conditionally the preliminary plat within 90 days as provided
by law.
(b)
The developer shall, in the event the Village Board approves
or conditionally approves the preliminary plat, execute and deliver
to the Village Board a developer's agreement in a form and substance
acceptable to the Village Board. Such developer's agreement shall
provide for not less than the developer's representations and
warranties to carry out the development as approved or conditionally
approved consistent with the preliminary plat; the payment by the
developer of all the costs of the project and all costs and expenses
incurred by the Village attributable to its involvement in the project
including, without limitation, all engineering, operational, legal
and administrative expenses; the time table for phased or final completion
of the project; such reasonable, mutually agreed liquidated damages
in favor of the Village for the developer's failure to complete
the project timely and as approved or conditionally approved; and
such other warranties, representations and assurances of the developer
as will reasonably indemnify and hold the Village harmless from any
failure of the developer to perform, without limitation, as contemplated
by the preliminary plat, the developer's agreement and the final
plat.
(3) Final plat. Four copies of the final plat shall be submitted to the
Village Board within 24 months of preliminary plat acceptance unless
this requirement is waived, in writing, by the Village Board. The
final plat shall conform to the preliminary plat as approved and to
the requirements of all applicable ordinances and State laws and shall
be submitted for certification by those agencies having the authority
to object to the plat as provided by § 236.12(2), Wis. Stats.
The final plat shall be accompanied by detailed construction plans
of all improvements. Final plats shall be accepted or rejected by
the Village Board within 60 days of their submission if all the applicable
provisions of this chapter and Ch. 236, Wis. Stats., have been complied
with. Approved final plats shall be recorded in accordance with the
statutory requirements prior to the time that lots are offered for
sale, reference is made to the map for sale purposes, or use is made
of lot and block numbers shown on the plat.
[Amended by Ord. No. 162]
In the interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the Village and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin statutes.
Any person convicted of failure to comply with the provisions
of this chapter shall forfeit not less than $25 nor more than $200
and 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 is made, but such imprisonment shall not exceed
30 days. Each day a violation exists or continues shall constitute
a separate offense. Also, failure to comply with the requirements
of this chapter invalidates purported transfers of title at the option
of the purchaser, in accordance with the provisions of Ch. 236, Wis.
Stats. In addition, the remedies provided by Ch. 236, Wis. Stats.,
shall be available to the Village.