Village of Monticello, WI Article III General Provisions

§ 374-7 General provisions.

A. Compliance. No person, firm or corporation shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, minor land division or a replat as defined herein; no such subdivision, minor land division or replat, as defined herein, shall be entitled to recording; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following:

(1) The provisions Ch. 236 and § 82.18, Wis. Stats.

(2) The rules of the Department of Safety and Professional Services and Department of Natural Resources for subdivisions not served by public sewer.

(3) The rules of the Division of Highways, Wisconsin Department of Transportation contained in Ch. Trans 233, Wis. Admin. Code, for subdivisions which abut a state trunk highway or connecting street.

(4) The rules of the Wisconsin Department of Natural Resources contained in the Wis. Adm. Code for Floodplain Management Program.

(5) Comprehensive Plans or components of such plans prepared by state, regional, county or municipal agencies duly adopted by the Village Board.

(6) All applicable local and county regulations, including zoning, sanitary, building land Official Mapping ordinances.

(7) The Village of Monticello Comprehensive Plan, or components thereof, and applicable ordinances of any city or Village whose extraterritorial jurisdiction extends into the Village.

(8) All applicable rules contained in the Wisconsin Administrative Code not listed in this subsection.

B. Jurisdiction. Jurisdiction of these regulations shall include all lands within the corporate limits of the Village of Monticello and the extraterritorial jurisdiction of the Village. The provisions of this chapter, as they apply to divisions of tracts of land into less than five parcels, shall not apply to:

(1) Transfers of interests in land by will or pursuant to court order;

(2) Leases for a term not to exceed 10 years, mortgages or easements;

(3) The 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 minimum sizes required by this chapter or other applicable laws or ordinances.

(4) Cemetery plats under § 157.07, Wis. Stats.

(5) Assessors' plats made under § 70.27, Wis. Stats., but such Assessors' plats shall comply with §§ 236.15(1)(ac) through (g) and 236.20(1)(a) through (c) and (2)(a) through (c), Wis. Stats.

C. Certified survey. Any division of land other than a subdivision as defined in § 236.02(12) Wis. Stats., shall be surveyed and a certified survey map prepared as provided in § 236.34, Wis. Stats.

D. Building permits. The Village of Monticello shall not issue any building permit relating to any parcel of land forming all or any part of lands included in a subdivision, land division, replat or certified survey map originally submitted to the Village of Monticello on or after the effective date of this chapter until the applicant has complied with all of the provisions and requirements of this chapter.

§ 374-8 Land suitability.

A. Suitability.

(1) No land shall be subdivided for residential, commercial or industrial use which is held unsuitable for such use by the Village Board, upon the recommendation of the Plan Commission, for 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.

(2) In addition:

(a) No lot served by public sanitary sewer facilities shall have less than 50% of its required lot area below an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood. No lot one acre or less in area served by an on-site sanitary sewage disposal (septic tank) system shall include flood lands. All lots more than one acre in area served by a septic tank system shall contain not less than 40,000 square feet of land which is above flood protection elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record.

(b) Lands made, altered or filled with non-earth materials within the preceding 20 years shall not be divided into building sites which are to be served by soil absorption waste disposal systems.

(c) Lands made, altered or filled with earth within the preceding seven years shall not be divided into building sites which are to be served by on-site soil absorption sanitary sewage disposal systems.

(d) Lands having a slope of 12% or more shall be maintained in permanent open space use. No lot shall have more than 50% of its minimum required area in slopes of 10% or greater.

(e) Lands having bedrock within six feet of the natural undisturbed surface shall not be divided into building sites to be served by on-site soil absorption sewage disposal systems.

(f) Lands having groundwater within six feet of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems.

(g) Lands covered by soils having a percolation rate slower than 60 minutes per inch or faster than 10 minutes per inch shall not be divided into building sites to be served by on-site soil absorption sewage disposal systems.

(h) Lands drained by farm drainage tile or farm ditch systems shall not be divided into building sites to be served by on-site soil absorption sewage disposal systems.

(3) The Village 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 residential, commercial, industrial or institutional use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he so desires. Thereafter the Village Board may affirm, modify, or withdraw its determination of unsuitability.

B. Existing flora. The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines, and grasses not actually lying in public roadways, drainage ways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, possibly including the preservation of trees by well islands or retaining walls whenever abutting grades are altered, pursuant to a landscaping plan filed by the subdivider.