The provisions of this chapter shall apply to the following:
A. Land suitability. No lot shall be certified nor land subdivided for
development which is held to be unsuitable for such use by the Board
or the local municipality by reason of flooding, inadequate drainage,
adverse soil or rock formation, unfavorable topography or any other
feature likely to be harmful to the health, safety or welfare of the
future residents of the proposed subdivision or of the community.
The Board, in applying the provisions of this section, shall in writing,
recite the particular facts upon which it bases its conclusion that
the land is not suitable for the intended use and afford the subdivider
an opportunity to present evidence regarding such unsuitability, if
he so desires. Thereafter, the Board may affirm, modify, or withdraw
its determination of unsuitability.
B. Subdivision. Any division of land within the Village limits which results in a lot or lots as defined in §
364-9 of this chapter; and any other division shall be approved and recorded, pursuant to the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
No person shall divide land located within the area governed by this chapter which results in a subdivision, or a replat as defined herein; nor shall such subdivision or replat be entitled to record, and no street shall be laid out, nor shall improvements be made to land without compliance with all requirements of this chapter, the provisions of Chapter 236, Wis. Stats., and the rules of the Wisconsin State Department of Safety and Professional Services and Department of Transportation, if the land abuts on a state trunk highway or connecting street; nor shall any subdivision conflict with a Comprehensive Plan or Comprehensive Plan component, including Chapter
370, Zoning, the Official Map, and all other applicable ordinances of the Village.
It shall be unlawful to build upon, divide, convey, record or
monument any land in violation of this chapter or the Wisconsin Statutes.
The Village may institute appropriate action or proceedings to enjoin
violations of this chapter or the applicable Wisconsin Statutes.
This chapter shall be known as, referred to, or recited as the
"Village of Footville Subdivision Regulations."
Unless otherwise expressly stated, the following shall, for
the purpose of this chapter, have the meaning herein indicated. Any
pertinent word or term not a part of this listing but vital to the
interpretation of this chapter shall be construed to have its legal
definition.
ACT or ACTION
In the context of a Village Board review of a preliminary
or final subdivision shall mean approval, conditional approval, denial,
or a request for a modification, or for additional study, field inspections
or documentation.
ALIQUOT PART
A.
An area of land which is nominally square or rectangular or
the sides of which are nominally parallel to the section lines and
the tract can be accurately described for tax purposes by half section,
quarter section, quarter-quarter section description.
B.
"Aliquot part" shall also mean the division of existing lots
by the description, e.g., the east half of Lot 10 or the west 45 feet
in equal width of Lot 16.
APPLICATION
The letter of intent and sketch map of the proposed subdivision
submitted to the Village Board for review.
BLOCK
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shore
lines of waterways, or boundary lines of the Village of Footville.
BOARD
The Footville Village Board.
BUILDING
Any structure built for the support, shelter, or enclosure
of persons, animals, chattels, personal property of any kind, and
which is permanently affixed to the land.
COMMISSION
The Village of Footville Plan Commission.
COMPREHENSIVE PLAN
Any development plan, also called a master plan for the Village,
pursuant to § 62.23(3), Wis. Stats., including plans for
future land use, parks, transportation, urban redevelopment and public
facilities. Devices for the 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.
CUL-DE-SAC
A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
DEVELOPMENT
The construction of buildings and service facilities such
as roads or driveways to service the buildings.
EASEMENT
A grant by the owner of the use of land by the public, or
persons, for specific uses and purposes, and shall be designated as
a "public" or "private" easement depending on the nature of the usage.
EASEMENT, UTILITY
A public easement for the purpose of locating utilities such
as cable TV, electricity, telephone, gas, or sewer and water service.
EXPRESSWAY
A limited-access highway designed for high-speed vehicular
traffic between and through urban areas.
FREEWAY
A facility with full control of access, with entrance and
exits provided only at interchanges.
FRONTAGE
The length of the front property line of the lot, lots, or
tract of land abutting a public street, road, alley, or highway right-of-way.
GRADIENT
The slope of a road, street, or other public way, specified
in percent and shown on street profile plans as required herein.
HIGH WATER MARK
The edge of the water at bank full stage or where the flora
changes from aquatic to land flora or where a sharp bank marks the
frequent erosive action of the waterway.
HIGHWAY
A high-speed vehicular trafficway designed to carry traffic
between urban areas.
HIGHWAY, COUNTY
A county designated highway and is also referred to as a
county trunk highway.
HOUSE
Any structure or building built for the support, shelter
or enclosure of persons, whether movable or not.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, parkway, sidewalk, pedestrian way, planting strip, off-street
parking area, or other facility for which the unit of government may
ultimately assume the responsibility for maintenance.
JOG
An offset in the intersection of two or more streets to a
common street where the horizontal distance between the center line
of the streets is less than 150 feet.
LOT
An area of land less than 15 acres resulting from the division
of a tract of land for the purpose of transfer of ownership.
LOT, CORNER
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
ORDINANCE
The Village of Footville Subdivision Regulations.
PARCEL
An area of land 15 acres or larger resulting from the division
of a tract of land for the purpose of transfer of ownership.
PAVEMENT
Concrete or asphalt of sufficient quantity and quality to
withstand continued use by motor vehicles as attested by the Village
Engineer.
PEDESTRIANWAY or CROSSWALK
A right-of-way across or within a block, for use by pedestrian
traffic, whether designated as a pedestrianway, crosswalk, or however
otherwise designated, and may include utilities where necessary.
PERCOLATION TEST
Those soil absorption tests conducted as specified in Chapter
SPS 385 of the Wisconsin Administrative Code.
PERSON
Any individual, firm, corporation, company, partnership,
association, trust, club, or institution.
PLANNED UNIT DEVELOPMENT
A plan for development which specifies the subdivision layout,
required improvements, and the location, type, use and general design
of the buildings and the structure.
PLAN COMMISSION
The Commission created by the Footville Village Board and
delegated the authority to review and make advisory recommendations
on subdivisions.
PLAT
A map, plan, or layout showing the subdivision of land into
lots, blocks, streets or other information in compliance with the
requirements of Chapter 236, Wis. Stats., and this chapter.
PLOT
An area of land which is taxed as a single unit of land.
PRELIMINARY SUBDIVISION MAP
A map showing the salient features of a proposed subdivision as required in §
364-15C of this chapter, submitted to the Village Board for purposes of preliminary consideration.
REPLAT
The changing of the exterior or interior boundaries of a
recorded subdivision plat or part thereof.
RESIDENTIAL BUILDING SITE
Any location or area, whether described by survey method
or not, intended for the construction of a residential building or
house.
REVIEWING AGENCY
An agency which is entitled to review and make recommendations
concerning a subdivision prior to Village Board action.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, walkway, railroad, or for other special uses, dedicated to
public use by the maker of the plat or certified survey on which such
right-of-way is established.
ROADWAY WIDTH
The cross section of a road from shoulder to shoulder or
edge of gravel to edge of gravel.
RURAL
The areas outside the Village of Footville corporate limits.
SETBACK LINE
The line parallel to the front, side or rear lot line establishing
the minimum space to be provided as the front, side or rear yard.
SEWERAGE SYSTEM
Any physical construction in conformity with the Sanitary
Code for the handling of sewage wastes.
SIDEWALK
That portion of a street or cross walkway, paved or otherwise
surfaced, intended for pedestrian use only.
SKETCH MAP OR PLAN
A sketch map of a proposed subdivision which is drawn with accuracy and shows the information required by §
364-15C,
D and
E of this chapter.
SLOPE
The degree of natural inclination of the existing ground.
STREET
A thoroughfare within the right-of-way which affords the
principal means of access to abutting property for vehicular traffic.
A street may be designated as a road, avenue, boulevard, drive, highway,
lane, parkway, place, thoroughfare, court, or other appropriate name.
Streets are identified according to type.
STREET, ACCESSORIES
Those things usually associated with streets, street rights-of-way,
and visible from the street such as signs, lights, electric poles,
trees and shrubs.
STREET, ALLEY
A right-of-way affording secondary access to abutting properties.
STREET, ARTERIAL
A street serving or designated to serve the rapid movement
of concentrated volumes of vehicular traffic over relatively long
distances in an urban area. It provides primarily for movement between,
rather than within, activity areas.
STREET, COLLECTOR
A street serving or designated to serve in the capacity of
carrying moderate amounts of traffic between minor streets and arterials
or highways and also providing access to individual lots. It provides
for movement within, rather than between, activity areas such as neighborhoods.
STREET, FRONTAGE
A minor street auxiliary to and located parallel to a highway
for control of access and for service to abutting properties.
STREET, MINOR (LOCAL)
A street providing or designed to provide primary access
to abutting individual lots.
STRUCTURE
Anything constructed or erected, the use of which requires
a permanent location on or in the ground; but this definition shall
not include traffic control signs placed by the municipality, county
or state, or utility equipment.
SUBDIVIDER
Any person or his authorized representative or agent dividing
or proposing to divide land resulting in a subdivision or replat as
defined by this chapter.
SUBDIVISION
The division of a tract of land by the owner thereof or his
agents for the purpose of transfer of ownership which creates:
B.
The need for a street dedication; or
C.
A parcel for commercial or industrial development.
SWALE
A depression or hollow in the land form created by the erosive
action of runoff waters.
TRACT
An area of land identified as a single plot for tax purposes
prior to a land division which creates a lot or parcel.
Any person or any office or department aggrieved by an order,
requirement, interpretation or determination made by the Village Board
may appeal such decision according to procedures outlined in § 236.13(5),
Wis. Stats.