Jurisdiction of these regulations shall include all lands within
the corporate limits of the municipality. The provisions of this chapter
as it applies to divisions of tracts of land into less than five parcels
shall not apply to:
A.
Transfers of interests in land by will or pursuant to court order, if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes and meet all specifications required by these regulations, Chapter 384, Zoning, of this Code, or other applicable laws or ordinances.
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 minimize sizes and meet all specifications
required by these regulations, the zoning ordinances, and other applicable
laws and ordinances, subject to the review procedures described in
§ 251-195.
[Amended 4-21-2015 by Ord. No. 15-03]
D.
Cemetery plats made under § 157.07, Wis. Stats.
No person, firm, or corporation shall develop any land located
within the jurisdictional limits of these regulations or divide any
land located within the jurisdictional limits of these regulations
so that such division results in a subdivision, minor land division,
condominium plat, assessor's plat or replat as defined herein;
no such subdivision, minor land division, condominium plat or assessor's
plat or replat shall be entitled to recording; and no public street
shall be laid out or public improvements made to land without compliance
with all requirements of this chapter and the following documents:
A.
Chapter 236, Wisconsin Statutes.
B.
Rules of the Wisconsin Department of Safety and Professional Services
regulating lot size and lot elevation.
C.
Rules of the Wisconsin Department of Transportation establishing
regulations for access to and work within state highway rights-of-way
and for the preservation of the public interest and investment in
the highway system, including all provisions of Ch. Trans 233, Wis.
Adm. Code, where applicable.
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 Comprehensive Plan component
of the municipality.
G.
A developer's agreement, satisfactory to the municipality, between
the municipality and the developer, subdivider and/or owner.
H.
Rules of the Dodge County Highway Department establishing regulations
for access to county highway rights-of-way.
I.
Rules of the Wisconsin Department of Administration, Division of
Intergovernmental Relations, Plat Review Program.
J.
The Town of Herman Land Division Review Checklist, as adopted by
the Town Board of the Town of Herman by separate resolution, including
any amendments that may be made thereto from time to time.
A.
Streets, highways, drainageways and floodplain. Whenever a tract of land to be divided or developed within the jurisdiction of this chapter encompasses all or any part of a street, drainageway, floodplain or other public way which has been designated on a duly adopted municipal or regional comprehensive plan or comprehensive plan component or is in any way determined to be such by the Plan Commission or governing body, said public way shall be dedicated or reserved by the owner in the locations and dimensions indicated on said plan or component and as set forth in Article VII of this chapter.
B.
Parks, playgrounds and public sites. Whenever a tract of land to be divided or developed within the municipality encompasses all or any part of a park, playground, or public site which has been designated on a duly adopted municipal or regional comprehensive plan or comprehensive plan component or is in any way determined to be such by the Plan Commission or governing body, said park, playground, or public site shall be dedicated or reserved by the owner in the locations and dimensions indicated on said plan and in accordance with the procedures set forth in § 251-51 of this chapter.
[Amended 4-21-2015 by Ord. No. 15-03]
Before final plat approval located within the jurisdictional
limits of this chapter, the owner shall install improvements as hereinafter
provided. The owner shall, before commencing with any improvements,
enter into a developer's agreement with the municipality agreeing
to install the required improvements. If the owner wishes final plat
approval before completion of the improvements, the owner shall file
with said cash or a letter of credit meeting the approval of the Municipal
Attorney in an amount equal to the estimated construction cost of
the improvements, plus 15% of said cost and the fees, said estimate
to be made by the Municipal Engineer, as a guarantee that such improvements
will be completed by the owner or its subcontractors not later than
the date or dates provided in the agreement and as a further guarantee
that all obligations for work on the development are satisfied.
A.
Contracts and contract specifications for the construction of improvements
on dedicated street rights-of-way, as well as the contractors and
subcontractors providing such work, shall be subject to the approval
of the Municipal Engineer.
B.
Governmental units or utility companies to which these provisions
apply may file, in lieu of said agreement and cash, performance bond
or letter of credit, a letter from officers authorized to act on their
behalf agreeing to comply with the provisions of this chapter.
C.
Survey monuments. Before final approval of any land division within
the municipality, the owner shall install survey monuments placed
in accordance with requirements of § 236.15, Wis. Stats.,
and as may be required by the Municipal Engineer.
A.
Waiver or modification of provisions. A petitioner may request that
the municipality waive or modify enforcement of one or more provisions
of this chapter, as follows:
(1)
Written request. The petitioner shall submit a written request for
a waiver or modification to the Municipal Clerk. In the written request
for the waiver or modification, the petitioner shall specify the specific
provision that the petitioner requests the municipality to waive or
modify and the petitioner's reasons for requesting the same.
(2)
Referral to Plan Commission and governing body. Upon receipt of a
written request for a waiver or modification, the Municipal Clerk
shall, within a reasonable time, place the matter on a Plan Commission
and a governing body agenda for review and action.
(3)
Considerations. The Plan Commission and governing body shall each
make a determination which shall include consideration, but not necessarily
an affirmative finding, of the following factors:
(a)
Whether the request for a waiver or modification, it granted,
would be consistent with the general intent of this chapter.
(b)
Whether the request for a waiver or modification, if granted,
would adversely affect property owners in the surrounding area.
(c)
Whether the request for a waiver or modification, if granted,
would benefit the petitioner's project in a way that is not inconsistent
with the municipality's interests.
(d)
Whether the petitioner is in full compliance with applicable
ordinances and agreements with the municipality.
(e)
Whether, instead of granting the request for a waiver or modification,
this chapter itself should be changed to accommodate the kind of situation
presented by the petitioner.
(4)
Grant or denial of request for a waiver or modification. After considering
the above-listed factors and any other factors that may be relevant
to the matter, the Plan Commission and governing body shall then each
independently determine whether it is objectively reasonable to grant
the request for a waiver or modification. A waiver or modification
may be granted without making an affirmative finding concerning any
one or more of the above-listed factors if, on the whole, it is objectively
reasonable to do so. If a majority vote of the entire membership of
both the Plan Commission and governing body determines that it is
objectively reasonable to grant the request, then the waiver or modification
shall be deemed granted as of the date that the second of the two
determinations is made. If a majority vote of the entire membership
of either the Plan Commission or the governing body, or both of them,
does not approve the request, then the request is denied.
(5)
Past noncompliance not waived. A waiver or modification that is granted
pursuant to a written request as described in this section shall not
waive any fines, forfeitures or other penalties that may have accrued
due to violations of this chapter that took place prior to the date
of the request being granted, unless specifically stated otherwise
in the decision of the governing body.
B.
Monument deferral. The governing body may defer the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the owner provide the municipality
with surety bond, in an amount specified by the governing body, to
ensure the placing of such monuments within the required time limits
established by the municipality.
[Amended 4-21-2015 by Ord. No. 15-03]
A.
No land
shall be divided or developed which is determined to be unsuitable
for the proposed use by the Plan Commission or governing body 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 municipality. In addition:
(1)
Lots. Each lot shall have at least 50% of its required area in the
same zoning district as the zoning district where the building site
is to be located.
(2)
Floodlands. Each lot shall have at least 50% of its required lot
area above an elevation at least two feet above the elevation of the
one-hundred-year recurrence interval flood or, where such data is
not available, five feet above the minimum flood of record.
(3)
Lands made, altered, or filled with non-earth materials within the
preceding 20 years shall not be divided into building sites which
are to be served by soil absorption sewage disposal systems.
(4)
Lands made, altered, or filled with earth within the preceding seven
years shall not be divided or developed into building sites which
are to be served by on-site soil absorption sewage disposal systems.
(5)
Steep slopes.
(a)
Each lot shall have 50% of its minimum required lot area or
20,000 square feet, whichever is less, in slopes equal to or less
than the applicable slope shown in Table 1 below.
(b)
In addition, each lot shall have a minimum of 10,000 contiguous
square feet within the building envelope of the lot in slopes equal
to or less than the applicable slope shown in Table 1 below.
|
Table 1: Steep Slopes
| ||
|---|---|---|
|
Lot Size
|
Slope
| |
|
Lots in excess of 2 acres
|
20%
| |
|
Lots in excess of 1 acre but less than or equal to 2 acres*
|
15%
| |
|
Lots 1 acre or less
|
12%
| |
|
Notes:
| ||
|---|---|---|
|
*
|
Any lot, regardless of size, in which a portion of the lot contains
a primary environmental corridor shall use the limit of 12%.
| |
(6)
Required open space. Any portion of the lot area with slopes in excess of the limit set forth in Subsection A(5) is to be maintained as open space.
(7)
Soils tests required. Lands to be divided or developed into building
sites to be served by soil absorption sewage disposal systems shall
have a minimum of one soil test performed per lot, indicating the
lot(s) and building site(s) can support a conventional or mound type
of soil absorption sewage disposal system in compliance with Department
of Safety and Professional Services codes, including but not limited
to Chs. SPS 383 and 385, Wis. Adm. Code, and all amendments thereto.
(8)
Lands drained by farm drainage tile or farm ditch systems shall not
be divided or developed into building sites to be served by on-site
soil absorption sewage disposal systems.
(9)
Spite strips may not be created by any division of land.
(10)
Remnants. All remnant parcels must be part of the plat or map
unless specifically waived by the Town Plan Commission and governing
body.
(11)
Access restrictions. Lands being developed which abut the Town
roads identified as collector streets will be limited to the number
of accesses, whether driveways or intersections, as follows:
B.
The Plan
Commission or governing body, in applying the provisions of this section,
shall in writing recite the particular facts upon which it bases its
conclusion that the land is unsuitable for development or division
and afford the owner an opportunity to present evidence in rebuttal
to such finding of unsuitability if so desired. Thereafter the Plan
Commission or governing body may affirm, modify, or withdraw its determination
of unsuitability.
The Plan Commission or governing body may require submission
of a draft of protective covenants whereby the owner intends to regulate
land use in the proposed division or development and otherwise protect
the proposed development. The Municipal Attorney shall review all
covenants and shall approve covenants as to form.
It shall be unlawful to build upon, divide, convey, record or
place monuments on any land in violation of this chapter or the Wisconsin
Statutes, and no person, firm or corporation shall be issued a building
permit by the municipality authorizing the building on, or improvement
of, any subdivision, minor land division, condominium plat, assessor's
plat or replat within the jurisdiction of this chapter not of record
as of the effective date of this chapter until the provisions and
requirements of this chapter have been fully met. The municipality
may institute appropriate action or proceedings to enjoin violations
of this chapter or the applicable Wisconsin Statutes.
Any person, firm or corporation who or which violates or fails to comply with the provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense.
A.
Violations and concomitant penalties shall include and the same are
hereby adopted:
B.
An assessor's plat made under § 70.27, Wis. Stats.,
may be ordered as a remedy by the municipality, at the expense of
the owner, when a subdivision as defined herein is created by successive
divisions.
C.
All penalties provided for herein shall be in addition to any penalties
imposed by any other governmental body.
D.
Any penalties not paid shall be special charges against the real
estate involved and may be so assessed and collected by the municipality
under § 66.0627, Wis. Stats.
Any person aggrieved by an objection to a division or development
or a failure to approve a division or development 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
division or development. Where failure to approve is based on an unsatisfied
objection, the agency making the objection shall be made a party to
the action. The court shall remand the matter back to the municipality
for further review and action if it finds that the action of the approving
or objecting agency is arbitrary, unreasonable or discriminatory.
