These regulations are adopted under the authority granted by § 236.45, Wis. Stats.
This chapter shall be known as, referred to or cited as the "Land Division Ordinance, City of Muskego, Waukesha County, Wisconsin."
A.
Purpose. The purpose of this chapter is to regulate and control the division of land within the corporate limits of the City and its extraterritorial jurisdiction as established in §§ 62.23, 66.0105, 236.02, 236.10 and 236.45, Wis. Stats., in order to promote the public health, safety, morals, prosperity, aesthetics and general welfare of the City and its environs.[1]
B.
Intent. It is the general intent of this chapter to regulate the division of land so as to:
(1)
Obtain the wise use, conservation, protection and proper development of the City's soil, water, wetland, woodland and wildlife resources and attain a proper adjustment of land use and development to realize the goal of supporting and sustaining the natural resource base.
(2)
Lessen congestion in the streets and highways.
(3)
Further the orderly layout and appropriate use of land as identified in the adopted Comprehensive Plan and adopted Parks and Conservation Plan.
(4)
Secure safety from fire, panic and other dangers.
(5)
Provide adequate light and air.
(6)
Facilitate adequate provision for housing, transportation, water supply, wastewater, schools, parks, playgrounds and other public facilities and services.
(7)
Secure safety from flooding, water pollution, disease and other hazards.
(8)
Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood-control projects.
(9)
Prevent and control erosion, sedimentation and other pollution of surface and subsurface waters.
(10)
Preserve natural vegetation and cover and promote the natural beauty of the City and its environs.
(11)
Restrict building sites on floodlands, shorelands, areas covered by poor soils or in other areas poorly suited for development.
(12)
Facilitate the further division of larger tracts into smaller parcels of land.
(13)
Ensure adequate legal description and proper survey monumentation of subdivided land.
(14)
Provide for the administration and enforcement of this chapter.
(15)
Provide penalties for its violation.
(16)
Implement those municipal, county, watershed or regional comprehensive plans or plan components adopted by the City and in general facilitate enforcement of City development standards as set forth in the adopted regional, county and local comprehensive plans, adopted plan components, and City zoning and building codes.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, 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, shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
The City does not guarantee, warrant or represent that only those areas designated as floodlands on plats and certified survey maps will be subject to periodic inundation, nor does the City guarantee, warrant or represent that the soils shown to be unsuited for a given land use from tests required by this chapter are the only unsuited soils within the jurisdiction of this chapter, and thereby asserts that there is no liability on the part of the Common Council, its agencies or employees for flooding problems, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.
This chapter shall supersede all other general and zoning ordinances or parts thereof inconsistent or in conflict with this chapter to the extent of the inconsistency only.
A.
General definitions. For the purposes of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not discretionary.
B. ACREAGE, GROSS ACREAGE, NET ADVISORY AGENCY ALLEY ARTERIAL STREET BLOCK BUILDING BUILDING LINE CERTIFIED SURVEY MAP CITY PLAN COMMISSION COLLECTOR STREET COMMON OPEN SPACE COMMUNITY COMPREHENSIVE PLAN CONDOMINIUM CONSERVATION EASEMENT COPY CUL-DE-SAC STREET DEPARTMENT DEVELOPMENT PAD DWELLING UNIT ENVIRONMENTAL FEATURE(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) EXTRATERRITORIAL PLAT AND CERTIFIED SURVEY MAP APPROVAL JURISDICTION FILL FINAL PLAT FINANCIAL GUARANTEE FLOODLANDS FRONTAGE (LOT) FRONTAGE STREET HIGH GROUNDWATER ELEVATION HIGH WATER ELEVATION (SURFACE WATER) IMPROVEMENT, PUBLIC IRREVOCABLE LETTER OF CREDIT LOT LOT, CORNER LOT, DOUBLE FRONTAGE LOT, FLAG LOT, INTERIOR
MEAN SEA LEVEL DATUM MINOR LAND DIVISION MINOR STREET MITIGATION AREA MUNICIPALITY NATIONAL MAP ACCURACY STANDARDS NAVIGABLE WATER NONPROFIT CONSERVATION ORGANIZATION OBJECTING AGENCY OUTLOT OWNER OWNERS' ASSOCIATION PARENT PARCEL PLAT PRELIMINARY PLAT PUBLIC WAY PUBLIC WORKS AND DEVELOPMENT DIRECTOR RECORDING A PLAT REPLAT SANITARY SEWER SERVICE AREA SHORELANDS SOIL MAPPING UNIT SOLAR ACCESS SOUTH WALL STEEP SLOPE STREET, ARTERIAL STREET, COLLECTOR STREET, CUL-DE-SAC STREET, FRONTAGE STREET, MINOR (LOCAL) SUBDIVIDER SUBDIVIDER'S AGREEMENT SUBDIVISION, CONSERVATION SUBDIVISION, CONVENTIONAL WETLANDS WISCONSIN ADMINISTRATIVE CODE
Specific words and phrases. As used in this chapter, the following terms shall have the meanings indicated:
The total area of a parcel or development including the area of perimeter street rights-of-way as measured to the center line of the street.
The area of a parcel or development excluding the area of perimeter streets, and excluding the area of all existing or proposed rights-of-way located within the parcel or development.
Any agency, other than an objecting agency, to which a plat or certified survey map may be submitted for review and comment. An advisory agency may give advice to the City and may suggest that certain changes be made to the plat or certified map or it may suggest that a plat or certified survey map be approved or denied. Suggestions made by an advisory agency are not, however, binding on the Common Council or Plan Commission. Examples of advisory agencies include the Waukesha County Land Conservation Committee, the Southeastern Wisconsin Regional Planning Commission and local utility companies.
A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land. [§ 236.02(1), Wis. Stats.]
See "street, arterial."
A tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railway rights-of-way, bulkhead lines or shorelines of navigable waterways and municipal boundaries.
Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
A line parallel to any lot line and at a distance from the lot line to comply with terms of this chapter.
A map prepared by a professional land surveyor in accordance with § 236.34, Wis. Stats. Certified survey maps may, under the terms of this chapter, be used to create minor land divisions of not more than four parcels.
The Commission created by the Common Council under § 62.23, Wis. Stats., and authorized to plan land use within the City.
See "street, collector."
Undeveloped land within a subdivision that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the community. Common open space does not include any portion of a private residential lot, and shall be substantially free of structures, but may contain historic structures and shared recreational structures, including but not limited to pool houses or stables, as indicated on the approved development plan.
A town, municipality or a group of adjacent towns or municipalities having common social, economic or physical interests.
Any extensively developed plan, also called a "master plan," prepared and adopted by the Southeastern Wisconsin Regional Planning Commission, County Park and Plan Commission or City Plan Commission and certified to the Common Council under §§ 66.0309, 59.69 and 62.23, Wis. Stats., including proposals for future land use, transportation, urban redevelopment and public facilities. Devices for implementation of these plans, such as zoning, official map, land division and building line ordinances and capital improvement programs, shall also be considered a part of the comprehensive plan.
A community association combining individual unit ownership with shared use or ownership of common property or facilities, established in accordance with the requirements of the Condominium Ownership Act, Ch. 703, Wis. Stats. A condominium is a legal form of ownership of real estate and not a specific building type or style.
The grant of a property right or interest from the property owner to a unit of government or nonprofit organization stipulating that the described land shall remain in its natural, scenic, open or wooded, or agricultural state, precluding future or additional development.
A true and accurate copy of all sheets of the original subdivision plat. Such copy shall be on durable white matte finished paper with legible dark lines and lettering.
See "street, cul-de-sac."
The State Department of Administration.[1]
Also referred to as "development envelope," that portion of a lot which is intended to be graded, paved, or built upon.
A building or part of a building used for a place of abode and occupied by one family.
Those lands containing concentrations of scenic, recreational and other natural resources as identified and delineated in the comprehensive planning program of the Southeastern Wisconsin Region by the Southeastern Wisconsin Regional Planning Commission. These natural resource and resource-related elements include the following:
Lakes, rivers and streams, together with their natural floodplain.
Wetlands.
Forest and woodlands.
Wildlife habitat areas.
Rough topography.
Significant geological formations.
Wet or poorly drained soils.
Existing outdoor recreation sites.
Potential outdoor recreation and related open space sites.
Historic sites and structures.
Significant scenic areas or vistas.
The unincorporated area within 1 1/2 miles of a fourth-class city or a village and within three miles of the City. Wherever such statutory extraterritorial powers overlap with those of another city or village, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from each community so that not more than one community exercises extraterritorial powers over any area.
Sand, gravel, earth or other materials of any composition whatever, placed or deposited by human beings.
A map prepared in accordance with the requirements of Ch. 236, Wis. Stats., and this chapter for the purpose of dividing larger parcels into lots and conveying those lots. The lines showing where lots and other improvements are located are precise.
A letter of credit, cash or certified check guaranteeing performance of a contract or obligation through possible forfeiture of the letter of credit, cash or certified check if such contract or obligation is unfilled by the subdivider.
Those lands, including the floodplains, floodways, flood-fringe and channels, subject to inundation by the one-hundred-year recurrence interval flood.
The smallest dimension of a lot abutting a public street measured along the street line.
See "street, frontage."
The highest elevation to which subsurface water rises. This may be evidenced by the actual presence of water during wet periods of the year or by soil mottling during drier periods. "Mottling" is a mixture or variation of soil colors. In soils with restricted internal drainage, gray, yellow, red and brown colors are intermingled giving a multi-colored effect.
The average annual high water level of a pond, stream, lake flowage or wetland referred to an established datum plane or, where such elevation is not available, the elevation of the line up to which the presence of the water is so frequent as to leave a distinct mark by erosion, change in or destruction of vegetation or other easily recognized topographic, geologic or vegetative characteristic.
Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, sidewalk, pedestrianway, planting strip or other facility for which the City may ultimately assume the responsibility for maintenance and operation.
An agreement guaranteeing payment for subdivision improvements, entered into by a bank, savings and loan or other financial institution which is authorized to do business in this state and which has a financial standing acceptable to the City and which is approved as to form by the City Attorney.
A parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of the City Zoning Code.
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
A lot, other than a corner lot, with frontage on more than one street. Double frontage lots shall normally be deemed to have two front yards and two side yards and no rear yard. Double frontage lots shall not generally be permitted unless the lot abuts an arterial highway. Double frontage lots abutting arterial highways should restrict direct access to the arterial highway by means of a planting buffer or some other acceptable access buffering measure. (See Illustration No. 1.)
A lot not fronting on or abutting a public street and where access to the public street system is by a narrow strip of land and where the area of the lot, for zoning purposes, shall not include the narrow strip.
A lot other than a corner lot with frontage on one street (see below).
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Sea level datum, 1929 adjustment, as established by the United States Coast and Geodetic Survey.
Any division of land not defined as a subdivision. Such minor land divisions shall be made by certified survey map.
See "street, minor."
The portion of a lot which could be included in a development pad but which is restricted for use as undeveloped open space in order to alleviate or lessen the impact of development.
An incorporated village or city.
Standards governing the horizontal and vertical accuracy of topographic maps and specifying the means for testing and determining such accuracy, endorsed by all federal agencies having surveying and mapping functions and responsibilities. These standards have been fully reproduced in Appendix D of SEWRPC Technical Report No. 7, Horizontal and Vertical Survey Control in Southeastern Wisconsin.
Lake Michigan, Lake Superior, all natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other water within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. The Wisconsin Supreme Court has declared as navigable bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 2d 492 (1952), and DeGaynor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
Any charitable corporation, charitable association, or charitable trust, the purpose or powers of which include retaining or protecting the natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, or cultural aspects of the City.[2]
An agency empowered to object to a subdivision plat under Ch. 236, Wis. Stats. The City may not approve any plat upon which an objection has been certified until the objection has been satisfied. On any plat, the objecting agencies may include the Wisconsin Department of Administration, Department of Transportation (WDOT), Department of Safety and Professional Services, Department of Natural Resources (WDNR) and the Waukesha County Park and Plan Commission.[3]
A parcel of land, other than a lot or block so designated on the plat, but not of standard lot size, the intention of which is either to redivide into lots or combine it with one or more other adjacent outlots or lots in adjacent subdivisions or minor subdivisions in the future for the purpose of creating buildable lots.
A individual, firm, association, syndicate, partnership or corporation having a proprietary interest in a parcel of land.
A community organization, incorporated or unincorporated, which combines individual parcel ownership with shared use or ownership of common property or facilities.
An existing parcel (or parcels) of record, as identified by individual tax identification numbers, as of the effective date of this chapter, from which land divisions are proposed.
A map of a subdivision.
A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration. A preliminary plat precisely describes the location and exterior boundaries of the parcel proposed to be divided and shows the approximate location of lots and other improvements.
Any public road, street, highway, walkway, drainageway or part thereof.
The officer designated by the Common Council to administer this chapter, more specifically the Public Works and Development Director or his designee.
The filing of the final plat with the County Register of Deeds.
The process of changing or the map or plat which changes the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot within a recorded subdivision plat or certified survey map without changing exterior boundaries of such block, lot or outlot is not a replat.
The area within and surrounding the City that is planned to be served with public sanitary sewerage facilities per the current adopted plan area.[4]
Those lands lying within the following distances: 1,000 feet from the high-water elevation of navigable lakes, ponds and flowages or 300 feet from the high-water elevation of navigable streams or to the landward side of the floodplain, whichever is greater.
Soil types, slopes and erosion factors delineated on detailed operational soil survey maps prepared by the United States Natural Resources Conservation Service.[5]
Access to solar rays so there is no shading to the south wall or rooftop of any proposed structure.
Any wall facing within 45° of due south.
Land areas where the gradient exceeds 12%.
A street used or intended to be used primarily for fast or heavy through traffic. "Arterial street" shall include freeways and expressways as well as standard arterial streets, highway and parkways.
A street used or intended to be used to carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets to residential developments.
A minor street with only one outlet and having an appropriate turnaround for the safe and convenient reversal of traffic movement.
A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development.
A street used or intended to be used primarily for access to abutting properties.
Any person, firm, corporation, partnership, association, trust, or any agent thereof dividing or proposing to divide land resulting in a subdivision or replat.
An agreement by which the City and the subdivider agree in reasonable detail as to all of those matters which the provisions of these regulations permit to be covered by the subdivider's agreement and which shall not come into effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the City.
A housing development constructed under the auspices of the CPD Conservation Planned Development Zoning District, in a rural setting comprised of at least five residential parcels, that is characterized by compact lots, at least 50% open space, and where the natural features of the land are maintained to the greatest extent possible.
The division of a lot, parcel or tract of land by the owners thereof or the owner's agent for the purpose of transfer of ownership or building development where the act of division creates five or more parcels or building sites of 1 1/2 acres each or less in area, or where the act of division creates five or more parcels or building sites of 1 1/2 acres each or less in area by successive division within a period of five years. Other divisions of land shall be termed "minor land divisions." The definition of a subdivision shall not apply to commercial or industrial land divisions except to the extent regulated by state law. Other divisions of commercial or industrial land shall be minor land divisions.
An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
The rules of administrative agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system as directed by § 35.93 and Ch. 227, Wis. Stats., including subsequent amendments to those rules.