These regulations are adopted under the authority granted by
§ 236.45, Wis. Stats.
The purpose of this chapter is to regulate and control the division
of land within the corporate limits of the Village and its extraterritorial
plat approval jurisdiction in order to promote the public health,
safety, morals, prosperity, aesthetics and general welfare of the
Village and its environs.
It is the general intent of this chapter to regulate the division
of land so as to:
A.
Obtain the wise use, conservation, protection and proper development
of the Village's soil, water, wetland, woodland and wildlife
resources and attain a proper adjustment of land use and development
to the supporting and sustaining natural resource base.
B.
Lessen congestion in the streets and highways.
C.
Further the orderly layout and appropriate use of land.
D.
Secure safety from fire, panic and other dangers.
E.
Provide adequate light and air.
F.
Facilitate adequate provision for housing, transportation, water
supply, stormwater, wastewater, schools, parks, playgrounds and other
public facilities and services.
G.
Secure safety from flooding, water pollution, disease and other hazards.
H.
Prevent flood damage to persons and properties and minimize expenditures
for flood relief and flood-control projects.
I.
Prevent and control erosion, sedimentation and other pollution of
surface and subsurface waters.
J.
Preserve natural vegetation and cover, and promote the natural beauty
of the Village.
K.
Restrict building sites in areas covered by poor soils or in other
areas poorly suited for development.
L.
Facilitate the further division of larger tracts into smaller parcels
of land.
M.
Ensure adequate legal description and proper survey monumentation
of subdivided land.
N.
Provide for the administration and enforcement of this chapter.
O.
Provide penalties for its violation.
P.
Implement those Village, county, watershed or regional comprehensive plans or their components adopted by the Village and in general to facilitate enforcement of Village development standards as set forth in the adopted regional, county and Village comprehensive plans, adopted plan components, Chapter 375, Zoning, and the Official Map of the Village.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, agreements,
rules, regulations or permits previously adopted or issued pursuant
to law. However, where this chapter imposes greater restrictions,
the provisions of this chapter shall govern.
In their 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.
The Village does not guarantee, warrant or represent that those
soils listed as being unsuited for specific uses are the only unsuitable
soils in the Village and its extraterritorial plat review jurisdiction.
Furthermore, the Village does not guarantee, warrant or represent
that only those areas designated as floodlands will be subject to
periodic inundation. The Village hereby asserts that there is no liability
on the part of the Village, its agencies or its employees for sanitation
problems, structural damage or flood damages that may occur as a result
of reliance upon and conformance with this chapter.
Jurisdiction of these regulations shall include all lands within
the corporate limits of the Village and those lands within the extraterritorial
jurisdiction of the Village as established in §§ 61.35,
62.23(2) and 66.0105, Wis. Stats., i.e., within 1 1/2 miles of
the corporate limits of the Village. The provisions of this chapter,
as it applies to divisions of tracts of land into less than five parcels,
shall not apply to the following:
A.
Transfers of interests in land by will or pursuant to court order.
B.
Leases for a term not to exceed 10 years, mortgages or easements.
C.
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 these regulations,
the zoning ordinances or other applicable laws or ordinances.
D.
Cemetery plats made under § 157.07, Wis. Stats.
E.
Assessors' plats made under § 70.27, Wis. Stats.,
but such assessors' plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person shall divide any land located within the jurisdictional
limits of these regulations so that such division results in a subdivision,
minor land division or replat as defined herein; no such subdivision,
minor land division or replat shall be entitled to recording; and
no street shall be laid out or improvements made to land without compliance
with all requirements of this chapter and the following:
A.
Chapter 236, Wis. Stats.
B.
Rules of the Wisconsin Department of Safety and Professional Services
regulating lot size and lot elevation 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 Wisconsin Department of Transportation relating to safety
of access and the preservation of the public interest and investment
in the highway system if the land owned or controlled by the subdivider
abuts on a state trunk highway or connecting street.
D.
Rules of the Wisconsin Department of Natural Resources setting water
quality standards, preventing and abating pollution and regulating
development within floodland, wetland and shoreland areas.
E.
Duly approved Comprehensive Plan or area development plans of the
Village.
G.
A developer's or subdivider's agreement between the Village
and the developer or subdivider.
Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drainageway or other public way which has been designated in the general plan, area development plan or on the Official Map of the Village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in Article VI of this chapter. Streets within the extraterritorial plat review jurisdiction of the Village shall be dedicated by the subdivider to the appropriate town. Should the town require less dedication than is specified by Article VI of this chapter or by the Official Map, the excess right-of-way shall be reserved for future acquisition by the Village.
Before final approval of any plat, the subdivider shall enter
into an agreement with the Village to install the required improvements
and shall file with the subdivider's agreement an irrevocable
letter of credit or other appropriate sureties meeting the approval
of the Village Attorney equal to the estimated cost of the improvements.
Improvement cost estimates shall be made by the developer, reviewed
by the Director of Public Works and approved by the Village Board.
The improvements may be installed after approval of a preliminary
plat or certified survey map by the subdivider or his subcontractors,
but not later than provided in the subdivider's agreement. The
subdivider's agreement shall specify a completion date for all
improvements. In addition:
A.
Plans and specifications for all improvements shall be reviewed and
approved by the Director of Public Works, in writing, prior to commencement
of construction. The subdivider may submit an interim final plat with
the improvement plans; however, review and approval of a final plat
shall not be initiated until the improvement plans have been reviewed
and approved and until the subdivider's agreement has been fully
executed.
B.
Contracts and contract specifications for the construction of street
and utility improvements on dedicated street rights-of-way, as well
as the contractors and subcontractors providing such work, shall be
subject to the prior written approval of the Director of Public Works
in accordance with Village standards and specifications.
C.
Before final approval of any plat within the Village or its extraterritorial
jurisdictional limits, the subdivider shall install survey monuments
placed in accordance with the requirements of § 236.15,
Wis. Stats., and as may be required by the Director of Public Works.
D.
Prior to the acceptance of a final plat, the subdivider shall furnish,
when required by the Village, a consent and waiver of the statutory
provisions for special assessments for the installation of sanitary
sewer, storm sewer, sewer laterals, water main, water laterals, curb
and gutter, sidewalks, street surfacing, underground streetlighting
services and all other utilities, which shall be in a form approved
by the Village Attorney, pursuant to § 66.0703(7)(b), Wis.
Stats., and shall be recorded in the office of the Register of Deeds
in the same manner as a lis pendens. Such consent and waiver shall
provide that the installation of such services shall be made at the
discretion of the Village Board.
A.
General. Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of § 340-12 below and Article VI and Article VII of this chapter because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper.
B.
Monuments. The Village Board may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the subdivider execute a surety
bond or irrevocable letter of credit to insure the placing of such
monuments within the required time limits established by the Village.
No land shall be subdivided for residential use which is determined
to be unsuitable for such use by the Village Board for reason of flooding,
inadequate drainage, adverse soil or rock formation, unfavorable topography
or any other feature likely to be harmful to the health, safety or
welfare of the future residents of the proposed subdivision or of
the Village. The Village Board, in applying the provisions of this
section, shall, in writing, recite the particular facts upon which
it bases its conclusion that the land is not suitable for residential
use and afford the subdivider an opportunity to present evidence regarding
such unsuitability if he so desires. Thereafter the Village Board,
upon the recommendation of the Plan Commission, may affirm, modify
or withdraw its determination of unsuitability.
Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal such objection or failure to approve
as provided in § 236.13(5), Wis. Stats., within 30 days
of notification of the rejection of the plat. Where failure to approve
is based on an unsatisfied objection, the agency making the objection
shall be made a party to the action.
The terms used in this chapter shall be defined as follows:
A public or private way which provides secondary access to
a lot, block or parcel of land.
A map adopted by the Village Board indicating the physical
layout of future streets, alleys, culs-de-sac, drainageways and easements.
A parcel, lot or group of lots existing within well-defined
and fixed boundaries, usually being an area surrounded by streets
or other physical barriers and having an assigned number, letter or
other name through which it may be identified.
The distance from the boundaries of a lot or center line
of a street within which structures or buildings shall not be erected.
A map of a subdivision of land prepared in accordance with
§ 236.34, Wis. Stats.
The official guide for the physical, social and economic
growth of the Village or its constituent parts, properly enacted or
adopted according to statute, which is now or may hereafter be in
effect.
A period of time commencing on February 1 and ending on the
next January 31.
A public right-of-way traversing a block for the purpose
of providing pedestrian access.
A short minor street having one end open to motor traffic
and the other end terminated by a vehicular turnaround.
A street having only one outlet for vehicular traffic and
no vehicular turnaround.
The act of constructing buildings or installing site improvements.
A lot having frontage on opposite property boundaries with
public streets.
Any strip of land reserved by the subdivider for public utilities,
drainage, sanitation or other specified uses having limitations, the
title to which shall remain in the property owner, subject to the
right of use designated in the reservation of the servitude.
The map or drawing of a subdivision prepared in compliance with the provisions of Ch. 236, Wis. Stats., and any accompanying material as described in Article IV of this chapter.
The length of the front property line of the lot, lots or
tract of land abutting a public street, road, highway or rural right-of-way.
The slope of a road, street or other public way, specified
as a percentage.
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, parkway, sidewalk, pedestrianway, planting strip, off-street
parking area or other facility for which the local municipality may
ultimately assume the responsibility for maintenance and operation.
A local unit in this chapter includes the county, as well
as towns, villages and cities.
A buildable parcel of land represented and identified in
a subdivision, as defined in this section.
A division of land other than a subdivision.
Any division of a lot, parcel or tract of land by the owner
or his agent that creates not more than four lots of five acres each
or less.
A residential living environment where the internal street
system discourages through traffic and where major thoroughfares preferably
bound the neighborhood and provide maximum pedestrian accessibility
to centrally located community buildings, schools and playgrounds.
Local shops to meet daily household needs are grouped together at
accessible points, providing a harmony of design and development.
The map of the Village adopted pursuant to the Wisconsin
Statutes showing streets, highways, parkways, parks and playgrounds
and the exterior lines of planned new streets, highways, parkways,
parks or playgrounds.
A map of a subdivision.
A map showing the salient features of a proposed subdivision
submitted to the Village Board for purposes of preliminary consideration.
The changing of the boundaries of a recorded subdivision
plat or part thereof.
Corner lots with no provision for extra width to permit the
side yard to be the same as the front yard on that side.
A strip of land occupied or intended to be occupied for a
special use. Rights-of-way intended for streets, crosswalks, water
mains, sanitary sewers, storm drains or any other use involving maintenance
by a public agency shall be dedicated to public use by the maker of
the plat on which such right-of-way is established. The usage of the
term "right-of-way" for land platting purposes shall mean that every
right-of-way hereafter established and shown on a final plat is to
be separate and distinct from the lots or parcels adjoining such right-of-way
and not included within the dimensions or areas of such lots or parcels.
The surface portion of the street available for vehicular
traffic.
An approved public street generally paralleling and contiguous
to a main traveled way, primarily designed to promote safety by eliminating
ingress and egress to the right-of-way and providing safe and orderly
points of access at fairly uniformly spaced intervals.
A septic tank seepage tile sewerage disposal system or any
other sewerage treatment device approved by the Director of Public
Works as being in accordance with the rules of the Department of Safety
and Professional Services and the Department of Natural Resources
and servicing only one building site.
An area in the Village which, in the opinion of the Village
Board, may be readily and feasibly served by sewer and water extensions
to existing sewer and water systems.
That portion of a street or crosswalk way, paved or otherwise
surfaced, intended for pedestrian use only.
Includes all accessways in common use, such as streets, roads,
lanes, highways, avenues, boulevards, alleys, parkways, viaducts,
circles, courts and culs-de-sac, and includes all of the land lying
between the right-of-way lines as delineated on a plat showing such
streets, whether improved or unimproved, and whether dedicated for
public use or held in trust under the terms of a reservation, but
shall not include those accessways such as easements and rights-of-way
intended solely for limited utility purposes such as for electric
power lines, gaslines, telephone lines, waterlines or drainage and
sanitary sewers.
A major, high-capacity street designed to carry large volumes
of traffic between various areas of the Village.
A street which carries traffic from minor streets to the
system of major streets and highways, including the principal entrance
streets of a residential development and the principal circulating
streets within such a development.
A street bordering one or more property lines of a tract
of land in which the subdivider has allocated a part of the ultimate
right-of-way width.
A street of limited continuity used primarily for access
to abutting properties and local needs of a neighborhood.
A person commencing proceedings under the regulations of
this chapter to effect a subdivision of land hereunder for himself
or others.
Any division of a lot, parcel or tract of land by the owner
thereof or his agent for the purpose of sale or building development
where:
The basic land planning standards established as guides for
the preparation of plats.
A land surveyor duly registered in the state.
A street with a high degree of continuity, including collector
streets, major arterial streets and limited-access highways.
