This chapter is adopted pursuant to § 236.45, Wisconsin
Statutes, which permits the adoption of regulations more restrictive
than those contained in the state platting statute.
A.
Purpose. The purpose of this chapter is to regulate the subdivision
of land and the quality of such subdivision to promote the public
health, safety and general welfare of the community; to prevent the
overcrowding of land; to lessen congestion in the streets and highways;
to provide for adequate light and air; to facilitate adequate provisions
for water, sewage, and other public requirements; to provide for proper
ingress and egress; to promote proper monumenting of land subdivided
and conveyed by accurate legal description. These regulations are
made with reasonable consideration, among other things, of the character
of the City and its environs with a view of conserving the value of
land and improvements placed thereon, providing the best possible
environment for human habitation, for encouraging commerce and industry,
and providing for the most appropriate use of land in the City and
its environs.
B.
Intent. It is the general intent of this chapter to regulate the
division of land so as to:
(1)
Support the goals of sustaining natural resources through regulating
the 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 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 violations of this chapter.
(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,
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 the chapter are the only unsuited
soils within the jurisdiction of the chapter; and thereby asserts
that there is no liability on the part of the City 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.
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. For the purposes of these regulations, the following
terms, phrases, words and their derivations shall have the meaning
given in this section:
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.
A person authorized by another person to act on the other
person's behalf.
A public or private right-of-way usually of reduced width
that affords only secondary access to a lot, block, or parcel of land.
[See § 236.02(1), Wis. Stats.]
A bike route completely apart from a street and restricted
to bicycle, pedestrian and maintenance vehicle traffic.
An area of land within a platted subdivision that is entirely
surrounded by a combination of streets, exterior subdivision boundary
lines, public parks, cemeteries, railway right-of-way, streams, or
other water bodies.
A line on a lot, generally parallel to a lot line or public
or private road right-of-way line, located a sufficient distance from
either to provide the minimum yards required by this chapter. The
building line determines the area in which buildings are permitted
subject to all applicable provisions of this chapter. This is also
referred to as a "setback."
A lot the rear line of which abuts the side lot line of another
lot or lots in the same block but not separated by an open space.
A map intending to create not more than four parcels of land
as provided in § 236.34, Wis. Stats. Certified survey maps
shall, in addition to the provisions of § 236.34, Wis. Stats.,
bear a certificate of approval of the City Council, certified by the
City Clerk, and shall meet the requirements of this chapter.
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, shared recreational structures, including but
not limited to pool houses or stables, as indicated on the approved
development plan.
A comprehensive plan prepared in accordance with Wis. Stats.
§ 66.1001 by the City indicating the general locations recommended
for the various functional classes of land, places and structures,
and for the general physical development of the City and includes
any unit or part of such plan separately adopted and any amendment
to such plan or parts thereof. This comprehensive development plan
may also be known as the Comprehensive Plan or "Smart Growth" Plan.
A preliminary drawing, made to approximate scale, of a proposed
land division for discussion purposes.
A form of property ownership providing for individual ownership
of a unit within a structure where the land, other parts of the structure,
and other facilities are held in common with other owners pursuant
to Chapter 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.
Also referred to as "development envelope." That portion
of a lot which is intended to be graded, paved, or built upon.
An open area of land, either in an easement or dedicated
right-of-way, the primary purpose of which is to carry stormwater
on the ground surface in lieu of an enclosed storm sewer. Drainageways
may serve multiple purposes in addition to their principal use, including,
but not limited to, maintenance, bicycle, and pedestrian traffic;
sanitary sewers; water mains; storm sewers; stormwater detention;
park development; and other related uses. Drainageways may also be
referred to as "greenways."
An all-weather vehicle access to private property from a
public or private street.
A room or group of rooms, providing or intended to provide
permanent living quarters for not more than one family.
An area of land set aside, or over or through which liberty,
privilege, or advantage in land, distinct from ownership of the land,
is granted by the owner to the public or some particular person or
part of the public, or utility.
Those lands containing concentrations of scenic, recreational
and other natural resources as identified and delineated by Wisconsin
Department of Natural Resources. 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; and significant scenic areas of vistas.
Referring to unincorporated lands within 1.5 miles of the
City of Lake Mills.
A letter of credit, cash or certified check, or surety bond
guaranteeing performance of a contract or obligation through possible
forfeiture of the letter of credit, cash or certified check, or surety
bond if such contract or obligation is unfilled by the subdivider.
A minor street auxiliary to and located on the side of an
arterial or collector street and which provides for access and service
to the abutting properties away from the arterial or collector street
traffic.
The City Council of the City of Lake Mills.
A street, either existing as or proposed to be, half of the
required right-of-way width with the intention that the adjoining
half will be platted at the time the adjoining lands are subdivided;
or an existing street, of which, due to reasons of ownership, only
half of the right-of-way is within the boundaries of a proposed land
division or annexation.
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.
Any division (or consolidation) of a lot(s) or parcel(s)
of land by the owners thereof or their agents for the purpose of transfer
of ownership, building development, or mortgage description.
A parcel of land that:
Is undivided by any street or private road;
Is occupied by, or designated to be developed for occupancy
by a use permitted in this chapter, including one principal building
or use, together with any accessory buildings, open spaces, and parking
spaces required by this chapter; and
Has its frontage upon a street or upon an officially approved
place.
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Figure 1.1: Lot Drawing.
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The total area in a horizontal plane within the peripheral
boundaries of a lot.
A lot or parcel of land abutting upon two or more streets
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135°. On a through lot, both street
lines shall be deemed front lot lines for the purposes of this chapter.
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
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.
Lot width measured at the street lot line. When a lot has
more than one street lot line, lot width shall be measured, and the
minimum lot width required by this chapter shall be provided at each
such line.
A lot other than a corner lot, with frontage on one street.
A lot line is the property line (including the vertical plane
established by the line and the ground) bounding a lot except that
where any portion of a lot extends into the public right-of-way or
a proposed public right-of-way, the line of such public right-of-way
shall be the lot line for applying this chapter.
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 or collector roads. Double frontage lots abutting arterial
highways or collector roads should restrict direct access to the arterial
highway or collector roads by means of a planting buffer or some other
acceptable access buffering measure.
The shortest distance between the side lot lines of a lot
measured at the midpoint of the building line.
See "Comprehensive Plan."
Any division of land not defined as a subdivision. Such minor
land divisions shall be made by certified survey map in accordance
with Wis. Stats. Ch. 236 and this chapter.
The establishment of permanent on-the-ground objects that
mark exact locations of surveyed points and lines in the United States
Public Land Survey System. Monuments serve to mark points used for
geodetic control networks as well as points used to reference property
boundaries. Monuments can take a variety of forms. They are the legally
binding markers used for setting property lines and as such are the
culminating work of any survey.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. Under § 281.31(2m), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 62.231, Wis. Stats.,
and Chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent
to farm drainage ditches if:
Wisconsin's Supreme Court has declared navigable bodies of water
that have a bed differentiated from adjacent uplands and levels or
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. 492 (1952) and DeGaynor and Co., Inc.,
v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example,
a stream which is navigable by skiff or canoe during normal spring
high water is navigable, in fact, under the laws of this state, though
it may be dry during other seasons.
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 this chapter.
A map indicating the location, width, and extent of existing
and proposed streets, highways, drainageways, parks, playgrounds,
and other facilities, as adopted by the City Council pursuant to § 62.23,
Wis. Stats.
A parcel of land, other than a lot, so designated on a plat
or certified survey and which is not intended for building or structure
development in the proposed land division.
The owner of record of fee simple title to any lot that is
a part of properties, including contract sellers and vendees, but
excluding those having such interest merely as security for the performance
of an obligation, and excluding those who have a lien upon the property
by provision or operation of law.
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.
The City Plan Commission established in conformity with § 62.23, Wis. Stats, and § 660-177 of the Zoning Code.
A form of development usually characterized by a unified
site design for a number of housing units. The concept usually involves
clustering of buildings and providing common open space. Ordinances
permitting planned unit developments allow planning a project and
calculating densities for the entire development rather than on an
individual lot-by-lot basis. It is hereby declared that regulating
planned unit developments requires greater involvement of public officials
in site plan review and development aspects of both zoning and land
division regulation since such developments require exceptions from
both types of regulation.
The map of a subdivision.
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 final map, drawing
or chart and accompanying materials on which the subdivider's plan
of land division is presented for approval and which, if approved,
shall be recorded with the Jefferson County Register of Deeds.
A map and other submitted information documenting the salient
features of a proposed division of land as described and required
in this chapter and submitted to the City for purposes of preliminary
consideration prior to final platting.
Contracts entered into between private parties which constitute
a restriction on the use of all private properties within a platted
subdivision or certified survey map for the benefit of the property
owners, and which provide mutual protection against undesirable aspects
of development that would tend to impair the stability of values.
Any road, street, highway, walkway, easement, drainageway,
or part thereof, intended for access to or use by the general public
and City.
The process of changing, or the map or plat that changes,
the boundaries of a recorded subdivision plat or a part thereof. The
subdivision of a block, lot or outlot within a recorded subdivision
plat without changing the exterior boundaries of said block, lot or
outlot is not a replat, but is a land division.
A public way dedicated to the public for the intended use.
The required future right-of-way for a street, highway, alley,
or other public way as illustrated in the adopted Comprehensive Plan
or the adopted Official Map for the City of Lake Mills.
Defined in § 59.692(1), Wis. Stats., to mean the
area within the following distances from the ordinary high-water mark
of navigable waters, as defined in § 281.31(2m), Wis. Stats.
Soil types, slopes and erosion factors delineated on detailed
operational soil survey maps prepared by the United States Natural
Resources Conservation Service (formerly "Soil Conservation Service").
Steep slopes are areas which contain a gradient of 12% or
greater (equivalent to a ten-foot elevation change in a distance of
83 feet or less), as shown on Environmental Corridor Map or from more
accurate on-site survey.
Unless specifically designated otherwise by the City, any
public or private way that is dedicated or permanently open to pedestrian
and vehicular use, which is 21 feet or more in width if it exists
at the time of enactment of this chapter or any such public right-of-way
50 feet or more in width when established after the effective date
of this chapter, or otherwise by approved plat.
A street that links cities and large towns, spaced at such
intervals so that all developed areas of the state are within a reasonable
distance of an arterial highway. These roadways provide service to
corridors with trip lengths and travel density greater than those
served by rural collectors or local systems. Their design and function
should be expected to provide for relatively high overall speeds,
with minimal traffic control to interfere with mobility; in Lake Mills:
STH 89 north of CTH V and south of CTH A.
A street that provides for the movement of relatively heavy
volumes of traffic movements of substantial statewide or interstate
travel. It has a secondary function of providing access to collector
streets and tertiary function of providing access to abutting properties;
in Lake Mills: IH 94.
Major collectors provide service to smaller-to-moderate sized
places and other intra-area traffic generators, and link those generators
to nearby larger population centers (cities, villages, and towns)
or higher function routes; in Lake Mills: STH 89, CTHs A, B, and V.
A street that collects and distributes internal traffic within
a distinct urban area such as a residential neighborhood, between
the arterial street and local streets. It has a secondary function
of providing access to abutting properties; in Lake Mills: Madison
Street, CP Avenue, Mulberry Street, Ferry Drive, and Owen Street.
A minor street with only one outlet and culminating in a
permanent or temporary turnaround.
A street permanently or temporarily closed at one end, with
or without turnarounds.
A street of minimum continuity designed for low speeds and
volumes and to provide access to low traffic generating property and
leading into collector and arterial street systems.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, stream bed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts, excepting public utility fixtures and appurtenances.
Any person, firm, corporation, agent, partnership, or entity
of any sort, which divides or proposes to divide land in any manner,
including such heirs and assigns as may be responsible for the obligations
of the subdivider under the provisions of this chapter.
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.
A housing development that is characterized by compact lots
and common 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.
That portion of the City of Lake Mills and those areas within
its extra-territorial jurisdiction or its Comprehensive Plan, which
have been designated by the City Council of the City of Lake Mills
as the areas to which services required in urban areas shall be provided
in a planned and orderly process, particularly those facilities which
are placed on or in the land as part of the urban development process.
Such services include, but may not be limited to, public sanitary
sewers.
Any public facilities installed or constructed to obtain,
store, treat, or convey water for public consumption or domestic use.
Defined in § 23.32(1), Wis. Stats., to mean an
area where water is at, near or above the land surface long enough
to be capable of supporting aquatic or hydrophytic vegetation in which
have soils indicative of wet conditions.
The City of Lake Mills Zoning Ordinance, which is Chapter 660 of the Code.
