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.
F. Chapter
384, Zoning, of this Code and all other applicable local and county ordinances.
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.
[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.
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:
(1) Improper recording carries penalties as provided for in § 236.30,
Wis. Stats.
(2) Conveyance of lots in unrecorded plats carries penalties as provided
for in § 236.31, Wis. Stats.
(3) Monuments disturbed or not placed carries penalties as provided for
in § 236.32, Wis. Stats.
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.