A.
Purpose. The purpose of this chapter is to regulate the subdivision
of land to promote public health, safety and general welfare; to further
the orderly layout and use of land; to prevent the overcrowding of
land; to lessen congestion in the streets and highways; to provide
for adequate light and air; to facilitate adequate provision for water,
sewerage and other public requirements; to provide for safe ingress
and egress; to avoid hazards of soil or topographical conditions;
to manage the drainage hill; and to promote proper monumenting of
land subdivided and conveyancing by accurate legal description. The
approvals to be obtained by the subdivider as required by this chapter
shall be based on requirements designed to accomplish the aforesaid
purposes. And further, innovations in residential, commercial, and
industrial developments shall be encouraged so that the needs of the
public may be met by: greater variety in development type; conservation
and more efficient use of land and open space related to developments;
accommodating changes in the technology of land development so that
the resulting economics may benefit the private and public interest
and to encourage the building of new communities incorporating the
best features of modern design.
B.
Interpretation. The provisions of this chapter shall be interpreted
to be minimum requirements and shall be liberally construed in favor
of the Village of Footville and shall not be deemed a limitation or
repeal of any other power granted by the Wisconsin Statutes.
A.
This chapter is adopted pursuant to the authorization contained in
§ 236.45, Wis. Stats.
B.
Where more than one governing body or other agency has authorization
pursuant to the Wisconsin Statutes to approve or to object to a subdivision
and the requirements of such body or other agency are conflicting,
the subdivision shall comply with the most restrictive requirements
pursuant to § 236.13(4), Wis. Stats.
A.
This chapter is intended to regulate the division of lands in the
area of jurisdiction of the Village of Footville pursuant to § 236.45(3),
Wis. Stats.
B.
Exceptions. In no instance shall the provisions of this chapter apply
to:
(1)
The sale or exchange of land if a new land description is not thereby
created;
(2)
Transfer of interest in land by will or pursuant to court order;
(3)
Leases for a term not to exceed 10 years, mortgages or easements;
(4)
See § 236.45(2)(am)3, Wis. Stats.;
(5)
Sale of cemetery lots in a cemetery; or
(6)
Corrections to plats, certified survey maps or lots on record.
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.
[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.
A.
Abrogation and greater restrictions. This chapter is not intended
to repeal, abrogate, annul, impair, or interfere with any existing
easements, ordinances, rules, regulations, or permits previously adopted
or issued pursuant to law. However, wherever this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
B.
Severability. Each section, subsection, sentence, clause, word, and
provision of this chapter is severable, and if any provision shall
be held unconstitutional or invalid for any reason, such decisions
shall not affect the remainder of this chapter nor any part thereof
other than that affected by such decision.
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.
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.
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.
"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.
The letter of intent and sketch map of the proposed subdivision
submitted to the Village Board for review.
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.
The Footville Village Board.
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.
The Village of Footville Plan Commission.
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.
A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
The construction of buildings and service facilities such
as roads or driveways to service the buildings.
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.
A public easement for the purpose of locating utilities such
as cable TV, electricity, telephone, gas, or sewer and water service.
A limited-access highway designed for high-speed vehicular
traffic between and through urban areas.
A facility with full control of access, with entrance and
exits provided only at interchanges.
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.
The slope of a road, street, or other public way, specified
in percent and shown on street profile plans as required herein.
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.
A high-speed vehicular trafficway designed to carry traffic
between urban areas.
A county designated highway and is also referred to as a
county trunk highway.
A state or federally numbered highway.
Any structure or building built for the support, shelter
or enclosure of persons, whether movable or not.
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.
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.
See "freeway."
An area of land less than 15 acres resulting from the division
of a tract of land for the purpose of transfer of ownership.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
The Village of Footville Subdivision Regulations.
An area of land 15 acres or larger resulting from the division
of a tract of land for the purpose of transfer of ownership.
Concrete or asphalt of sufficient quantity and quality to
withstand continued use by motor vehicles as attested by the Village
Engineer.
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.
Those soil absorption tests conducted as specified in Chapter
SPS 385 of the Wisconsin Administrative Code.
Any individual, firm, corporation, company, partnership,
association, trust, club, or institution.
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.
The Commission created by the Footville Village Board and
delegated the authority to review and make advisory recommendations
on subdivisions.
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.
An area of land which is taxed as a single unit of land.
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.
The changing of the exterior or interior boundaries of a
recorded subdivision plat or part thereof.
Any location or area, whether described by survey method
or not, intended for the construction of a residential building or
house.
An agency which is entitled to review and make recommendations
concerning a subdivision prior to Village Board action.
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.
A township-owned street.
The cross section of a road from shoulder to shoulder or
edge of gravel to edge of gravel.
The areas outside the Village of Footville corporate limits.
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.
Any physical construction in conformity with the Sanitary
Code for the handling of sewage wastes.
That portion of a street or cross walkway, paved or otherwise
surfaced, intended for pedestrian use only.
The degree of natural inclination of the existing ground.
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.
Those things usually associated with streets, street rights-of-way,
and visible from the street such as signs, lights, electric poles,
trees and shrubs.
A right-of-way affording secondary access to abutting properties.
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.
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.
A minor street auxiliary to and located parallel to a highway
for control of access and for service to abutting properties.
A street providing or designed to provide primary access
to abutting individual lots.
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.
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.
The division of a tract of land by the owner thereof or his
agents for the purpose of transfer of ownership which creates:
A depression or hollow in the land form created by the erosive
action of runoff waters.
An area of land identified as a single plot for tax purposes
prior to a land division which creates a lot or parcel.
A.
Responsibilities.
(1)
The Commission shall recommend that the Village Board approve or
deny all residential building sites and preliminary and final subdivisions
as provided for in this chapter.
(2)
The Commission may inspect any subdivision and improvements required
by this chapter.
(3)
The Commission shall maintain records of approvals, denials, inspections
made, and other official actions.
B.
Powers. The Village Board shall have all the powers necessary to
enforce the provisions of this chapter without limitation by reason
of enumeration, including the following:
(1)
To prohibit the development
of any land found to be unsuitable as defined by this chapter;
(2)
To require that improvements to the land be made as defined by this
chapter;
(3)
To require the dedication of land as a condition of subdivision approval;
(4)
To require adherence to this chapter and its standards;
(5)
To require complete and accurate preliminary and final subdivision
submissions and additional information necessary to make reasonable
evaluations of the applications;
(6)
To delegate the responsibilities of administration and enforcement
of this chapter to, but not limited to, an Administrator; and
(7)
To make conditional approvals where requirements specified in writing
by the Board will satisfactorily protect the public interest and health
and will not violate state laws and will accomplish the purpose of
this chapter. Such requirements, not limited by enumeration, may include
earth filling to overcome the hazards of shallow surface soil over
bedrock for sewerage systems or lots subject to flooding.
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.
A.
Compliance. Whenever an order of the Board has not been complied
with within 30 days after written notice has been mailed to the property
owner or his agent, the Village Attorney may institute appropriate
legal action.
B.
Forfeiture.
(1)
In case any person is convicted of violating §§ 364-10B(1), 364-14 through 364-19C, and 364-23 through 364-32, judgment shall be entered against him that he pay in addition to court costs, a forfeiture not to exceed $5,000 and not less than $100, and in default of payment of the judgment, shall be imprisoned in the county jail for such time as the court deems fit, not exceeding 90 days unless the judgment is sooner paid.
(2)
In case any person is convicted of violating any provision of §§ 364-19 through 364-22 on dedications, judgment shall be entered against him that he pay in addition to court costs a forfeiture not to exceed 10% of the area of the land used to calculate the dedicated land pursuant to §§ 364-19 through 364-22 or monies in lieu thereof required by this chapter; in default of such payment or dedication of the judgment, shall be imprisoned in the county jail for such time as the court deems fit not exceeding 90 days unless the judgment is sooner paid.
(3)
The forfeitures contained in §§ 236.30, 236.31, 236.32,
236.335 and 236.35(2), Wis. Stats., are hereby adopted by reference.
C.
Reporting violations. The Board may report and cause a complaint
of violation to be signed by the Village President. The Village Attorney
shall have the authority to prosecute all violations of this chapter.
A.
Subdivision fees. The subdivider shall pay at the time of tentative
approval action by the Board, as a fee to assist in defraying the
cost of such preliminary review, the sum of $5 per lot for the first
five lots, and $1 per lot for each additional lot over five in number.
B.
Engineering costs. The cost of special engineering work required
by the Board to insure compliance with this chapter shall be borne
by the applicant.
