A.
Introduction. In accordance with the authority granted by §§ 236.13(1)(b)
and 236.45 of the Wisconsin Statutes and for the purposes listed in
§§ 236.01 and 236.45 of the Wisconsin Statutes, the
Village Board of the Village of Winneconne, Wisconsin, does hereby
ordain as follows:
(1)
The provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the Village of Winneconne.
(2)
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. This chapter is intended to regulate and control the division
and subdivision of land within the corporate limits and the extraterritorial
plat approval jurisdiction of the Village of Winneconne in order to
promote the public health, safety and general welfare, to encourage
the most appropriate use of land, to provide the best possible living
environment for people and to conserve the value of building placed
upon the land by:
(1)
Furthering the orderly layout and use of land;
(2)
Insuring proper legal description and proper monumentation of land;
(3)
Preventing overcrowding of land and avoiding undue concentration
of population;
(4)
Lessening congestion in the streets and highways;
(5)
Securing safety from fire, flooding, water pollution and other hazards;
(6)
Providing adequate light and air;
(7)
Facilitating adequate provisions for transportation, water, sewerage,
schools, parks, playgrounds, open space, stormwater drainage, the
conservation of land, natural resources, scenic and historic sites,
energy and other public requirements;
(8)
Facilitating further subdivision of larger parcels into smaller parcels
of land;
(9)
Insuring enforcement of the development concepts, policies and standards delineated in the Village of Winneconne Master Plan and related components, and, but not limited to, the Official Map, the Parks and Open Space Plan, the Transportation Plan, and Chapter 245, Building Construction, Chapter 540, Construction Site and Stormwater Runoff Management and Chapter 580, Zoning, of the Village of Winneconne.
C.
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 Village's soil, water, wetland, woodland, and wildlife resources
and attain a proper adjustment of land use and development to the
supporting and sustaining natural resource base;
(2)
Lessen congestion in the streets and highways;
(3)
Further the orderly layout and appropriate use of land;
(4)
Secure Safety from fire, panic, and other dangers;
(5)
Provide Adequate Light and air;
(6)
Facilitate Adequate Provision for housing, transportation, water
supply, stormwater, 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 Village of Winneconne;
(11)
Restrict building sites in 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; and
(16)
Implement those municipal, county, watershed, or regional comprehensive plans or their components adopted by the Village and, in general, to facilitate enforcement of Village development standards as set forth in the adopted regional, county, and local comprehensive plans, adopted plan components, Chapter 245, Building Construction, Chapter 580, Zoning, and other planning documents of the Village of Winneconne described in Subsection B(9) above.
D.
Dedication and reservation of land.
(1)
Whenever a tract of land to be divided within the jurisdiction of
this chapter encompasses all or any part of a street, highway, bikeway,
pedestrianway, greenway, environmental corridor, waterway, or a drainage
or utility easement designated in the Master Plan or Official Map,
the developer shall plat said public way in the locations and dimensions
indicated on said Master Plan or Official Map. The Village Board,
upon the recommendation of the Plan Commission, shall determine whether
said public way should be dedicated to the public or reserved by the
developer.
(2)
Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or part of a park site, open space or other recreation area or school site designated in the Master Plan, Park and Open Space Plan, or Official Map, said public sites shall be platted and dedicated or reserved by the developer at the discretion of the Village Board, upon the recommendation of the Plan Commission, in the locations and dimensions indicated on said plans or map in accordance with the requirements of § 565-48.
(3)
Once a preliminary plat or certified survey is approved, any lands
proposed for public use above shall not be altered without the written
approval of the Village Board, upon the recommendation of the Plan
Commission.
It is not intended by this chapter to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, 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 and shall be liberally
construed in favor of the Village of Winneconne and shall not be deemed
a limitation or repeal of any other power granted by other laws, ordinances,
statutes, or legal actions.
If any provision of this chapter is invalid or unconstitutional,
or if the application of this chapter to any person or circumstances
is invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the other provisions or applications of this chapter
which can be given effect without the invalid or unconstitutional
provision or application.
This chapter shall be known as, referred to, or cited as the
"Village of Winneconne Subdivision Regulations" or the "Village of
Winneconne Land Division and Subdivision Regulations."
The following definitions shall be applicable in this chapter:
A public right-of-way, which normally affords a secondary
means of vehicular access to abutting property.
A street, which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land and to collector and minor streets.
A bike route completely apart from a street and restricted
to bicycle, pedestrian, and maintenance vehicle traffic.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A line parallel to a lot line and at a distance from the lot line so as to comply with the yard and setback requirements of Chapter 580, Zoning, or any restriction on the plat which identifies a line on the plat as a building setback line.
See "minor land division (certified survey map)."
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
The Plan Commission created by the Village Board pursuant
to § 62.23 of the Wisconsin Statutes.
The extensively developed plan, also called a master plan,
adopted by the Village Plan Commission and certified to the Village
Board pursuant to §§ 61.35 and 62.23, Wis. Stats.,
including detailed neighborhood plans, proposals for future land use,
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 preliminary drawing, made to approximate scale, of a proposed
land division for discussion purposes.
A real estate development in which a condominium form of
ownership pursuant to Chapter 703, Wis. Stats., is utilized.
Legally merging two or more recorded parcels into a single
parcel.
Where the title or any part thereof is legally transferred;
whether by the execution of a land contract, option to purchase, offer
to purchase and acceptance, deed or certified survey.
A local street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
A street permanently or temporarily closed at one end, with
or without turnarounds.
Any person, firm or corporation, agent, partnership, or entity
of any sort, which divides or proposes to divide, by plat, minor subdivision,
certified survey, or replat land in any manner, including such heirs
and assigns as may be responsible for the obligations of the developer
under the provisions of this chapter.
Residential, commercial, industrial, governmental and institutional
development in sufficient concentrations or densities to require a
variety and high level of traditional urban services and facilities,
including, but not limited to: full- or part-time municipal police
and fire protection, and community administration; additional public
streets and highways; neighborhood parks and playgrounds; neighborhood
schools; local libraries; public sanitary sewer facilities, public
water supply facilities, and public solid waste removal; storm sewers;
mass transit facilities; continual street maintenance; curbs, gutters,
and sidewalks; streetlighting; and neighborhood convenience shopping.
Such development may be expected to alter or require the alternating
of land and land cover and have detrimental impact on the groundwater
and surface waters.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for any purpose, including sale, development,
foreclosure or condemnation.
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.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities. 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.
The final map, drawing or chart on which the developer's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds.
Those lands, including the floodplains, floodways, and channels,
subject to inundation by the one-hundred-year recurrence interval
flood or, where such data is not available, the maximum flood of record.
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, either existing as or proposed to be, half 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.
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, pedestrian way, planting
strip or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, 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 this chapter and any applicable zoning ordinance.
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
The peripheral boundaries of a lot as defined herein.
The width of a parcel of land measured along the front setback
line.
The area contained within the exterior boundaries of a lot,
excluding streets and land under navigable bodies of water.
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.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a "through lot," both street lines shall be deemed front lot lines.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
See "comprehensive plan (master plan)."
Any division of land not defined as a "subdivision." Minor
land divisions include the division of land by the owner or developer
resulting in the creation of two, but not more than four, parcels
of building sites, any one of which is less than 35 acres in size;
or the division of a block, lot or outlot within a recorded subdivision
of record for a minimum of five years. A certified survey map may
be used to change the boundaries of lots and outlots within a recorded
plat or recorded, certified survey map if the redivision does not
result in a subdivision or violate a local subdivision regulation.
A certified survey map may not alter the exterior boundary of a recorded
plat, areas previously dedicated to the public or a restriction placed
on the platted land by covenant, by grant of an easement or by any
other manner.
A street used, or intended to be used, primarily for access
to abutting properties; also referred to as a "local street."
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.
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreational purposes.
A map indicating the location, width, and extent of existing
and proposed streets, highways, drainageways, parks, playgrounds,
and other facilities, as adopted by the Village Board pursuant to
the Wisconsin Statutes.
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.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these, having
any pecuniary interest in lands regulated by this chapter.
Contiguous lands under the control of a developer whether
or not separated by a combination of streets, exterior subdivision
boundary lines, streams, or other water bodies.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
Includes the plural as well as the singular and may mean
any individual, firm, association, syndicate, partnership, corporation,
trust, or any other legal entity.
A form of development usually characterized by a unified
site design for a number of housing units. The concept usually involves
clustering of buildings, providing common open space, and mixing different
types of housing (single family, duplexes, and multifamily). The minimum
size for a PUD shall be five acres. Ordinances permitting planned
unit developments permit 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, drawing or chart on which the developer's plat of
subdivision is presented to the Village for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Plan Commission
for its consideration as to compliance with the Comprehensive Development
Plan and these regulations along with required supporting data.
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293,
Wis. Stats., which constitute a restriction on the use of all private
or platted property within a subdivision for the benefit of the public
or property owners and to provide mutual protection against undesirable
aspects of development which would tend to impair stability of values.
Any public road, street, highway, walkway, drainageway, or
part thereof.
The process of changing, or a 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 without changing exterior boundaries of said block, lot or outlot
is not a replat.
A single-family dwelling or part of a duplex, apartment,
or other multiple-family dwelling occupied by one family or one distinct
set of inhabitants or occupants.
A public way dedicated to the public for its intended use.
That portion of the Village and the area within its extraterritorial
jurisdiction which has been designated by the Village Board as the
area 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 are not limited to, public sanitary and
storm sewers, water supply and distribution system, streets and highways.
Those lands 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 type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the United States
Soil Conservation Service.
A public way for pedestrians and vehicular traffic and utility
access, including, but not limited to, highways, thoroughfares, parkways,
through highways, roads, avenues, boulevards, lanes, places, and courts,
and any pavements, turf, fixtures, facilities, structures, plantings,
signs, and other elements of the right-of-way.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground, excepting public utility
fixtures and appurtenances.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development where:
A bond guaranteeing performance of a contract or obligation
through forfeiture of the bond if said contract or obligation is unfulfilled
by the developer.
The Village of Winneconne, Winnebago County, Wisconsin, and,
where appropriate, its Village Board, commissions, committees and
authorized officials.
Wisconsin licensed professional engineer who is either an
employee of the Village or a hired consultant acting on behalf of
the Village in functions related to engineering design or review as
stipulated herein.
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 [§ 23.32(1),
Wis. Stats.].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The rules of administrative agencies having rule-making authority
in Wisconsin, published as directed by § 35.93 and Chapter
227 of the Wisconsin Statutes, including subsequent amendments to
those rules.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
