Village of Darien, WI
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2023-06-19
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Title 16: Subdivisions
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Chapter 16.28 Extraterritorial Land Divisions
- Title 1: General Provisions
- Ch 1.01 Code Adoption
- Ch 1.04 General Provisions
- Ch 1.08 General Penalty
- Title 2: Administration and Personnel
- Ch 2.04 Village Board
- Ch 2.08 Village Officers
- Ch 2.10 Village Administrator
- Ch 2.12 Police Department
- Ch 2.16 Joint Fire and Ems Department
- Ch 2.20 Joint Emergency Medical Services Department
- Ch 2.24 Municipal Court
- Ch 2.28 Boards, Commissions and Committees Generally
- Ch 2.32 Plan Commission
- Ch 2.36 Emergency Services System
- Ch 2.40 Darien Family Connections
- Ch 2.44 Public Records
- Ch 2.45 Code of Ethics
- Ch 2.48 Administrative Review Procedure
- Ch 2.50 Merit Protection for Nonrepresented Village Employees
- Title 3: Revenue and Finance
- Ch 3.04 Fiscal Provisions Generally
- Ch 3.08 Budget
- Ch 3.12 Claims Against the Village
- Ch 3.15 Surplus Village Property
- Title 4: (Reserved)
- Title 5: Business Licenses and Regulations
- Ch 5.04 Licenses and Permits Generally
- Ch 5.05 (Reserved)
- Ch 5.08 Alcoholic Beverages
- Ch 5.12 Peddlers, Canvassers and Transient Merchants
- Ch 5.16 Outdoor Special Event Permits
- Title 6: Animals
- Ch 6.04 Animals Generally
- Ch 6.05 Vicious Animals
- Ch 6.08 Dogs
- Ch 6.09 Backyard Chickens
- Title 7: (Reserved)
- Title 8: Health and Safety
- Ch 8.04 Health Department
- Ch 8.08 Health Regulations Generally
- Ch 8.12 Abandoned Vehicles and Junk
- Ch 8.16 Fireworks
- Ch 8.20 Noise
- Ch 8.24 Nuisances
- Ch 8.28 Open Burning
- Ch 8.32 Solid Waste and Recycling
- Ch 8.36 Smoking
- Title 9: Public Peace, Welfare and Good Order
- Ch 9.04 State Statutes Adopted
- Ch 9.08 Offenses Against Public Peace and Decency
- Ch 9.12 Drug Paraphernalia
- Ch 9.16 Loitering
- Ch 9.20 Nude Dancing
- Ch 9.24 Property Offenses
- Ch 9.28 Offenses by or Against Children
- Ch 9.29 Residency Restrictions for Sex Offenders
- Ch 9.32 Parental Responsibility
- Ch 9.36 Fair Housing
- Ch 9.40 Weapons
- Ch 9.44 False Alarms
- Title 10: Vehicles and Traffic
- Ch 10.04 State Traffic Statutes Adopted
- Ch 10.08 Supplemental Traffic Regulations
- Ch 10.12 Parking
- Ch 10.16 Administration and Enforcement
- Title 11: (Reserved)
- Title 12: Streets, Sidewalks and Public Places
- Ch 12.04 Street Names
- Ch 12.08 Street and Sidewalk Construction and Repair
- Ch 12.12 Excavations
- Ch 12.16 Obstructions and Encroachments
- Ch 12.20 Driveways and Culverts
- Ch 12.24 Snow and Ice Removal
- Ch 12.28 Moving of Buildings
- Ch 12.32 Parks
- Ch 12.36 Miscellaneous Regulations
- Title 13: Public Services
- Ch 13.04 Utilities Generally
- Ch 13.08 Water Service System
- Ch 13.10 Wellhead Protection
- Ch 13.12 Water Impact Fees
- Ch 13.16 Sewer Service System
- Ch 13.20 Sewer Service Charges
- Ch 13.24 Cross-Connection Control and Backflow Prevention
- Ch 13.28 Private Water Wells
- Ch 13.32 Sanitary Sewer System
- Title 14: (Reserved)
- Title 15: Buildings and Construction
- Ch 15.04 Building Code
- Ch 15.08 Property Maintenance Code
- Ch 15.10 Vacant Building Code
- Ch 15.12 Interior Property Maintenance Requirements
- Ch 15.16 Commercial Property Exterior Maintenance Code
- Ch 15.18 Registrations and Inspection of Property Containing Residential Rental Units
- Ch 15.20 Construction Site Erosion Control
- Ch 15.24 Plumbing Code
- Ch 15.26 Electrical Code
- Ch 15.28 Mobilehomes and Mobilehome Parks
- Ch 15.32 Swimming Pools
- Ch 15.36 Board of Appeals
- Title 16: Subdivisions
- Ch 16.04 Introductory Provisions and Definitions
- Ch 16.08 Administration and Enforcement
- Ch 16.12 Site Assessment and Concept Plan
- Ch 16.16 Preliminary Plat
- Ch 16.20 Final Plats
- Ch 16.22 Condominium Plat
- Ch 16.24 Minor Subdivisions
- Ch 16.28 Extraterritorial Land Divisions
- § 16.28.010 Policies.
- § 16.28.020 Procedures.
- § 16.28.030 Extraterritorial land division requirements.
- Ch 16.32 Design Standards and Improvements Generally
- Ch 16.36 Streets and Sidewalks
- Ch 16.40 Easements
- Ch 16.44 Park and Recreation Facilities
- Ch 16.48 Appendixes
- Title 17: Zoning
- Ch 17.02 Introductory Provisions and Definitions
- Ch 17.04 General Provisions
- Ch 17.06 Residential Land Uses
- Ch 17.08 Agricultural Land Uses
- Ch 17.10 Institutional Land Uses
- Ch 17.12 Commercial Land Uses
- Ch 17.14 Storage or Disposable Land Uses
- Ch 17.16 Transportation Land Uses
- Ch 17.18 Industrial Land Uses
- Ch 17.20 Accessory Land Uses
- Ch 17.22 Temporary Land Uses
- Ch 17.23 Post-Construction Storm Water Management
- Ch 17.24 Natural Resource Disruption and Required Mitigation Standards
- Ch 17.25 Construction Site Erosion Control Resulting From Land Disturbing Construction Activities
- Ch 17.26 Land Use Table
- Ch 17.27 Design Review Standards
- Ch 17.28 Group Developments
- Ch 17.30 Zoning Districts Designated
- Ch 17.32 A-1 Agricultural Holding District
- Ch 17.34 RS-1 Single-Family Residential District
- Ch 17.36 RS-2 Single-Family Residential District
- Ch 17.38 RS-3 Single-Family Residential District
- Ch 17.40 Rd Two-Family Residential District
- Ch 17.42 Rm Multifamily Residential District
- Ch 17.44 NC Neighborhood Commercial District
- Ch 17.46 SC Suburban Commercial District
- Ch 17.48 CC Central Commercial District
- Ch 17.50 Si Suburban Industrial District
- Ch 17.52 Ui Urban Industrial District
- Ch 17.54 C-1 Conservancy Overlay Zoning District
- Ch 17.56 Density and Intensity Standards
- Ch 17.58 Bulk Regulations
- Ch 17.60 Exceptions and Modifications
- Ch 17.62 Signs
- Ch 17.64 Nonconforming Uses, Structures and Lots
- Ch 17.66 Performance Standards
- Ch 17.68 Landscaping and Bufferyard Regulations
- Ch 17.70 Planned Unit Developments
- Ch 17.72 Procedures
- Ch 17.74 Administration and Enforcement
- Title 18: Floodplain Zoning
- Ch 18.04 Statutory Authorization, Findings of Fact, Statement of Purpose, Title, and General Provisions
- Ch 18.08 General Standards Applicable to All Floodplain Districts
- Ch 18.12 Floodway District (Fw)
- Ch 18.16 Floodfringe District (Ff)
- Ch 18.20 Other Floodplain District
- Ch 18.24 Nonconforming Uses
- Ch 18.28 Administration
- Ch 18.32 Amendments
- Ch 18.36 Enforcement and Penalties
- Ch 18.40 Definitions
- Prior Code Cross-Reference Table
- Ch PCC Prior Code Cross-Reference Table
- Ordinance List and Disposition Table
- Ch OL Ordinance List and Disposition Table
- Disposition List
- Ch DL Disposition List
[Prior code § 18.08(1)]
The following policies shall govern the Village Plan Commission
in approving division of land within the extraterritorial area in
order to protect rural character and farming viability, if the Village
elects to apply its extraterritorial land division authority through
board resolution.
A.
No subdivisions as defined in this title will be permitted within
the 1 1/2 mile extraterritorial limits of the Village, without
approval of the Village Board.
B.
Minor subdivisions will be permitted for farm-related dwellings and
for rural residential dwelling, not exceeding an overall density of
one dwelling unit for 35 acres, exclusive of the farmstead. Lots for
commercial use will be handled on a case-by-case basis. The standards
used to review these land divisions will be the same as the standards
contained in the Walworth County exclusive agricultural zoning district
ordinances which are used for considering rezonings. The only exception
to this policy is that lots resulting in the infill of existing subdivisions
may be permitted.
C.
The minimum lot size in the 1 1/2 mile extraterritorial area
shall be one acre. A smaller lot size may be allowed if also approved
by the respective town board.
D.
The Village will attempt to seek consistency of locally adopted town
plans. To the extent that the policies of the Village are more restrictive,
the Village's policies shall prevail. All minor subdivisions
within the extraterritorial area will be subject to the land reservation
or dedication requirements of this title. This specifically means
the following:
1.
Any waterway or storm water management area identified on the Village
master plan or official map shall be dedicated in conformance with
requirements of this title;
2.
Any lands falling within the limits of an environmental corridor,
as mapped by the Village will be required to record a public open
space easement specifying that the use shall be consistent with conservancy
area zoning in the Village zoning ordinance.
E.
Lands falling within the mile and a half of the extraterritorial
area shall be required to meet all of the design standards contained
in this title.
F.
Minor subdivisions within the extraterritorial area will be required
to follow erosion control plans in compliance with this title.
G.
All land divisions within the extraterritorial area shall pay the
required review fees contained in this title.
H.
The Plan Commission may require placement of covenants or deed restrictions
that are deemed necessary and appropriate by the Village Plan Commission
to protect the purpose and intent of the Village's plans and
ordinances. Any such restrictions shall be placed on the face of the
certified survey map or on surrounding lands from which the lot or
lots were created to verify the density standard established herein.
I.
If a variance is granted to the above provision the resulting division
of land shall conform to all of the pertinent regulations of this
title.
[Prior code § 18.08(2)]
In all cases, the time period within which action is required
shall not begin until the town board, the staff serving the Walworth
County zoning committee, and the Village have received all maps, drawings
and data required for plat approval.
A.
No person, firm or corporation shall divide any land located within
the 1 1/2 mile extraterritorial plat approval jurisdiction of
the Village, without first filing an application and a certified survey
map for approval by the Plan Commission.
B.
Pre-application Procedure. Before filing an application for approval
of a certified survey, the subdivider shall consult with the director
of public works and shall prepare the following:
1.
Prepare a preliminary sketch for review and approval;
2.
Complete a concept plan (per Section 16.12.050) and a site assessment checklist (per Section 16.12.030), or when required, an expanded site assessment report (per Section 16.12.040) for review and approval. This procedure is intended to assist the developer in appraising the objectives of these regulations, the master plan, the official map and other pertinent Village ordinances. The pre-application information shall be submitted to the Plan Commission for review and approval.
[Prior code § 18.08(3)]
Submittal requirements for land divisions within the extraterritorial
land division jurisdiction enacted by Village Board resolution shall
be identical to those required for land divisions within the Village
limits.
