[Prior code § 18.03]
A.
Conformance With Policies. It is the intent of the Village that land
be developed in harmony with the following policies agreed to in the
master plan, plan for parks and open space, official map, and the
Walworth County land use plan, as adopted by the Village.
1.
To plan the location and/or timing of new development to make it
efficient, to reduce public costs and to encourage separation and
distinction between municipalities;
2.
To direct and stage new growth only to those areas planned and programmed
for development and capable of providing a full range of urban services,
including transportation and schools;
3.
To discourage scattered development and urban sprawl;
4.
To insure that land uses complement rather than conflict with natural
features such as rolling topography, trees, creeks, ponds and rock
formations;
5.
To develop a system of interior open spaces in harmony with existing
environmental corridors to delineate neighborhoods, control storm
water drainage and provide circulation for pedestrian and bicycle
traffic;
6.
To locate multifamily development and local commercial development
convenient to each other and near arterials;
7.
To encourage preservation of open space and aesthetic quality in
development through the use of planned development districts;
8.
To favor land use intensities and patterns that are supportive of
alternative modes of transportation;
9.
To promote and maintain balanced commercial activity that is viable
and responsive to the needs of the community and the surrounding market
area;
10.
To preserve the quality of the water and the air and to prevent
extreme noise and visual blight;
11.
To preserve prime agricultural land for agricultural use;
12.
To encourage development in the Village with balanced residential,
commercial, industrial and open space uses and public services.
B.
Land Suitability. No land shall be divided or subdivided for a use
which is held unsuitable by the Plan Commission for reason of flooding
or potential flooding, soil limitations, inadequate drainage, steep
topography, 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.
1.
Except as provided herein, the Plan Commission shall determine land suitability prior to the time the preliminary plat or certified survey is considered for approval, following review and recommendations by the appropriate Village commissions and committees. The Plan Commission may impose special conditions on the plat or certified survey map deemed necessary to protect the health, safety or welfare of future residents of the area. Those areas which are found to be environmentally sensitive shall be considered for preservation as open space. The determination of land suitability will be evaluated through the site assessment procedures Section 16.12.020. The subdivider shall furnish such maps, data and information as may be necessary to make a determination of land suitability.
2.
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 within 30 days of initial Plan Commission
action. The subdivider may present additional evidence to support
the proposed subdivision. Upon review of the additional evidence,
the Plan Commission shall affirm, modify, or withdraw its determination
of unsuitability.
C.
Determination of Adequacy of Public Facilities and Services.
1.
A certified survey map, 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 needs of the proposed subdivision.
2.
The applicant shall furnish any data requested by the Village Engineer
who shall transmit this information to appropriate Village commissions,
committees and boards for review and shall act as coordinator for
their reports to the Plan Commission and the Village Board on the
adequacy of water, sanitary and storm sewers, fire service, police,
parks and open space and recreation facilities, and transportation
facilities.
3.
Public facilities and public services for a proposed subdivision
may be found to be adequate when the following conditions exist:
a.
The proposed subdivision is located in an urban service area
where mainline interceptor sewer service is presently under construction,
or designated by the Village Board for extension of sewer service.
The Plan Commission and the Village Board shall also consider the
recommendations of the Village Engineer and the public works committee
on the capacity of trunk lines and of sewerage treatment facilities
and any other information presented;
b.
The proposed subdivision is located within an urban service
area serviced by an arterial transmission water main with adequate
capacity for the proposed development or if the water distribution
system that is needed is under construction or scheduled for construction.
The Plan Commission and the Village Board shall consider the recommendations
of the Village Engineer and the public works committee on line capacities,
water sources and storage facilities as well as any other information
presented;
c.
The Village Engineer and public works committee recommend to
the Plan Commission and the Village Board that adequate facilities
are available to insure the proper storm water management;
d.
The park and recreation committee recommends that future residents
of the proposed subdivision can be assured park, recreation and open
space areas, facilities and services which meet the standards of the
park and open space plan;
e.
The appropriate police department and fire district verify that
timely and adequate service can be provided to the residents;
f.
The proposed subdivision is accessible by existing publicly
maintained, all weather roads adequate to accommodate both existing
traffic and that traffic to be generated by the proposed subdivision,
or necessary additional roads and road improvements are budgeted for
construction with public or private financing, or public transportation
service sufficient to serve the subdivision in combination with the
foregoing is available or programmed for the area. The Plan Commission
and the Village Board shall consider the recommendations of other
commenting agencies and jurisdictions, and such factors as level of
service, average and peak use, and any other information presented;
g.
Where the Plan Commission and the Village Board determine that
one or more public facilities or services are not adequate for the
proposed development, but that a portion of the area could be served
adequately, or that careful phasing of the development could result
in all public facilities and public services being adequate, conditional
approval may include only such portions or may specify phasing of
the development.
D.
Lot Sizes. In the case of all subdivisions, including minor subdivisions,
lot sizes shall conform to the area and width requirements of the
zoning code.
E.
Dedication and Reservation of Land.
1.
Whenever a tract of land to be divided within the jurisdiction of
this title encompasses all or any part of a street, highway, bikeway,
pedestrianway, greenway, environmental corridor, waterway, or a drainage
or utility easement designated in the master plan or official map,
the subdivider shall plat the public way in the locations and dimensions
indicated on the master plan or official map. The Plan Commission
shall determine whether the public way should be dedicated to the
public or reserved by the subdivider.
2.
Whenever a tract of land to be divided within the jurisdiction of this title encompasses all or part of a park site, open space or other recreation area or school site designated in the master plan, park and open space plan, or official map, the public sites shall be platted and dedicated or reserved by the subdivider at the discretion of the Plan Commission in the locations and dimensions indicated on the plans or map in accordance with the requirements of Chapter 16.44.
3.
Once a preliminary plat or certified survey is approved, any lands
proposed for public use above shall not be altered without the written
approval of the Plan Commission, the park and recreation committee,
and public works committee.
F.
Penalties.
1.
Failure to comply with the requirements of this title shall invalidate
purported transfers of titles at the option of the purchaser in accordance
with the provisions of Section 236.31(3), Wisconsin Statutes.
2.
Any subdivider or agent of same who violates or fails to comply with
these regulations shall be subject to penalties prescribed in the
enforcement provisions of the Municipal Code of the Village of Darien.
3.
A building permit shall be refused for any site violation of this
title.
G.
Exceptions. The provisions of this title 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 or 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 the zoning code
or other applicable laws or ordinances unless the parcels have been
part of a prior land division or subdivision;
4.
Where sale or exchange of parcels involves only a change of lot lines,
that the land division may be approved by the Zoning Administrator
after a staff review to determine conformance with Village ordinances.
[Prior code § 18.09]
The following schedule is established to insure that each land
division, subdivision, planned development and development project
pays its share of costs for public facilities and services.
A.
Park and Open Space Fee or Dedication. A dedication of land and/or the payment of a fee in accordance with the provisions of Chapter 16.44 is required for each dwelling unit planned for development.
B.
Fees to Defray Administrative Expenses. The subdivider shall pay
to the Village fees as established by the Village Board.
1.
One hundred dollars plus $50 per acre for land included in a preliminary
plat, payable upon submission of the plat, to defray the administrative
costs of plat review.
2.
One hundred dollars plus $50 per lot for each lot shown on a final
plat, payable prior to approval of the final plat, to defray the cost
of checking improvement plans.
3.
One hundred dollars plus $25 per lot for each lot shown on a certified
survey.
4.
Site plan review committee review fees applicable to zoning and development
related issues shall not be applied to land divisions.
5.
One hundred dollars shall be submitted with a complete application
as determined by the Zoning Administrator prior to processing the
application.
C.
Payment for Engineering, Planning or Legal Services. The subdivider
shall pay to the Village the actual cost of any engineering, planning
or legal work undertaken by consultants hired by the Village, outside
of the Village budget, at the request of the developer and the Plan
Commission.
D.
Area Charge for Storm Water Management Facilities. The subdivider
shall pay to the Village the apportioned cost for development of an
area wide storm water drainage system where such a facility has been
designed to serve the proposed subdivision.
E.
Sewerage Fee. The subdivider shall pay to the Village the apportioned
cost, determined by the Village, for sanitary sewer connection fees,
per the Village Municipal Code.
F.
Utility Oversizing. The developer shall be responsible for payment
and installation of required oversized utilities and other public
facilities necessary to serve (in part or in whole) the proposed development.
The Village shall administer recapture for such over sizing from subsequent
benefiting development which occurs within 10 years of the acceptance
of the oversized improvements by the Village. The developer shall
submit a valid bid from their selected contractor(s) for the costs
without over sizing and for the costs with over sizing. In order to
be eligible for recapture the bids must be reviewed and endorsed by
the Village Engineer. The amount of recaptured costs to which the
developer is entitled shall be generally equivalent to the difference
in bid improvement costs with and without over sizing as provided
by the developer's selected contractor(s), as reviewed and endorsed
by the Village Engineer, and as provided for in the executed developer's
agreement.
G.
Agreement of Services Reimbursable by Petitioner/Applicant. The Village
may retain the services of professional consultants (including planners,
engineers, architects, attorneys, environmental specialists, recreation
specialists, and other experts) to assist in the Village's review
of a proposal coming before the Plan Commission. The submittal of
a development proposal application or petition by a petitioner shall
be construed as an agreement to pay for such professional review services
applicable to the proposal. The Village may apply the charges for
these services to the petitioner. The Village may delay acceptance
of the application or petition as complete, or may delay final approval
of the proposal, until such fees are paid by the petitioner. Review
fees which are applied to a petitioner, but which are not paid, may
be assigned by the Village as a special assessment to the subject
property. The petitioner shall be required to provide the Village
with an executed copy of the following form as a prerequisite to the
processing of the development application:
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AGREEMENT AS TO COSTS WITH VILLAGE OF DARIEN
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________________________________________, the applicant/petitioner
for
(Name)
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_______________________________, dated _____________, 20_____
(Nature of applicant/petition)
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agrees, in addition to those normal costs payable by an applicant/petitioner
(e.g. filing or permit fees, publication expenses, recording fees,
etc.), that in the event the action applied or petitioned for requires
the Village of Darien, in the judgment of its staff, to obtain and/or
utilize professional service(s) (e.g. engineering, surveying, planning,
legal) other than normally would routinely by available "in house"
to enable the Village to properly address, take appropriate action
on, or determine the same, applicant/petitioner shall reimburse the
Village for the costs thereof.
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Dated this _____ day of _____________, 20_____.
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(Signature of Applicant/Petitioner)
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[Ord. 241, 2006]
Each condominium project shall be reviewed on the basis of a condominium plat prepared pursuant to Section 703.11, Wisconsin Statutes, and other applicable statutes, as well as these land division and subdivision regulations as a plat or certified survey map for the land development or subdivision elements of the project. Condominium procedures in Chapter 16.22 shall also apply to the Village review of condominium plats.
[Prior code § 18.12]
A.
In cases where a subdivision or minor subdivision is part of a planned
unit development for which a specific implementation plan containing
revised design standards is recommended by the Plan Commission and
approved by the Village Board and recorded with the Walworth County
register of deeds, the waiver of, or variance in, the design standards
required by this title shall be considered to have been granted.
B.
Variances not related to a planned unit development may be granted
by the Village Board so that substantial justice may be done and that
the public interest is secured when, in its judgment, it would be
inappropriate to apply a provision of this title or when such application
would cause extraordinary hardship.
C.
A variance may be granted by the Village Board to permit a parcel
to be created by certified survey map in the extraterritorial review
area when it is shown that the application satisfies the following
standards:
1.
A finding of fact must be made that the purpose of the proposed parcel
is to be a lot for a dwelling unit which is to be occupied by a person
who, or a family at least one member of which earns a substantial
part of his or her livelihood from farm operations on the parcel,
and/or contributes work which is substantially needed in the farm
operation, and is the parent or child of the farm operator or the
spouse of the farm operator; and
2.
A finding of public interest must be made that the proposed parcel
and use is reasonable upon consideration of these factors:
a.
The potential for conflict with agricultural use.
b.
The need of the proposed use for a location in an agricultural
area,
c.
The availability of alternative locations.
d.
Compatibility with existing or permitted use on adjacent lands,
e.
The productivity of the lands involved.
f.
The location of the proposed use so as to reduce to a minimum
the amount of productive agricultural land converted.
g.
The need for public services created by the proposed use.
h.
The availability of adequate public services and the ability
of affected local units of government to provide them without a reasonable
burden,
i.
The effect of the proposed use on water or air pollution, soil
erosion and rare or irreplaceable natural resources. When the site
is zoned exclusive agricultural (A-1) under the Walworth County zoning
ordinances, the Plan Commission shall defer to the county conditional
use decision on the standards of this subdivision, where such a county
decision is needed to establish the dwelling unit;
3.
The minimum parcel size allowable under this subsection by variance
is one acre, exclusive of any area dedicated to the public;
4.
If a variance is granted under this subsection the division of land
shall be subject to all other pertinent provisions of this and related
ordinances.
D.
Reasons and conditions for any waiver or variance granted shall be
entered in the minutes of the Village Board.
[Prior code § 18.13]
