These regulations are adopted under the authority granted by
Ch. 236, Wis. Stats.
The following terms, whenever they occur in this chapter, are
defined as follows:
ACT OF DIVISION
The division of a lot or parcel of land into two or more
parcels.
CERTIFIED SURVEY MAP
A map or plan of record of a land division, not a subdivision,
meeting all the requirements of § 236.34, Wis. Stats., and
of this chapter.
DEVELOPMENT PLAN
A total site plan for an area of land 40 acres or more in
size under the control of a developer(s) at the time of submission
for review. Said plan specifies and illustrates the location, relationship
and nature of all uses, easements, streets, pedestrian paths, common
open space and other public ways.
DRIVEWAY
A surfaced vehicle access from private property to a public
street.
FINAL PLAT
The map or plan of record of a subdivision and any accompanying material as required in §§
241-14 and
241-19.
GREENWAY
An open area of land included under the definition of "parkway,"
the primary purpose of which is to carry stormwater on the surface
of the ground in lieu of an enclosed storm sewer. Greenways may serve
the following multiple public purposes in addition to their principal
use, including but not limited to, vehicular and/or pedestrian traffic,
sanitary sewers, water mains, storm sewers, stormwater retention basins,
park development, and other related uses.
IMPERVIOUS LOT AREA
Roof areas, concrete, gravel, or bituminous surfaces, sidewalks,
decks, or other hard surface areas.
LAND DIVISION
The division of a lot or parcel of land for the purpose of
transfer of ownership or building development, where the act of division
creates two or more parcels, lots or building sites, any one of which
is 15 acres or less in area. The successive land division of a lot
or parcel shall not create more than two parcels in any five-year
period.
LOT
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.
LOT AREA
The area contained within the exterior boundaries of a lot
excluding streets, easements and land under navigable bodies of water.
LOT LINES
The peripheral boundaries of a lot as defined herein.
LOT WIDTH
The width of a parcel of land measured along the front building
line.
LOT, CORNER
A lot abutting intersecting streets at their intersection.
LOT, DOUBLE FRONTAGE
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 double frontage lot, both street lines shall be deemed front lot
lines.
LOT, REVERSED CORNER
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.
MASTER PLAN
The Comprehensive Plan for guiding and shaping the growth
and development of the Village of Barneveld, including all of the
component parts, as prepared by the Plan Commission and certified
to the Village Board.
MEANDER
A curve in the course of a river which continually swings
from side to side in wide loops as it progresses across flat country.
OFFICIAL MAP
The map indicating the location, width and/or extent of existing
and proposed streets, highways, parkways, parks and playgrounds, as
adopted by the Village Board pursuant to § 62.23(6), Wis.
Stats.
OTHER
All other pertinent terms not defined above shall be defined in Chapter
280, Zoning, and in Ch. 236, Wis. Stats.
PARCEL
Contiguous lands under the control of a subdivider(s), not
separated by streets or highways.
PARKWAY
Any right-of-way for vehicular or pedestrian traffic, or
both, with full or partial control of access and usually located within
a park or a ribbon of park-like development. Said parkway may include
greenways required for stormwater drainage purposes where the drainage
improvement is to include park-like treatment and where pedestrian
or vehicular travel may be permitted.
PLAT
A map of a subdivision.
PRELIMINARY PLAT
A map delineating the features of a proposed subdivision or land division as described in §
241-16, submitted to the Plan Commission for preliminary consideration prior to the final plat and, when required, prior to a land division.
PUBLIC WAY
Any public road, street, highway, walkway, drainageway, greenway,
parkway, or part thereof.
REPLAT AND RESUBDIVISION
The process of changing, or the map which changes, the boundaries
of a recorded plat or part thereof. The legal division of a larger
block, lot or outlot within a recorded plat, without changing the
exterior boundaries of said block, lot or outlot is not a replat.
See § 236.36, Wis. Stats.
STREET
A public way for vehicular and pedestrian traffic, whether
designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, or however otherwise designated:
A.
ARTERIAL STREETS AND HIGHWAYSThose streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances, including USH 18-151.
B.
COLLECTOR STREETSStreets which provide moderate speed movement of persons and goods between major arterials and/or activity centers, including County ID, County Trunk K and County Trunk T. They are basically local streets which, because of directness of routing and higher capacity, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
C.
LOCAL STREETSStreets designed for low speeds and low volumes which provide access from low traffic-generating areas to collector and arterial systems.
D.
ALLEYA public right-of-way which affords a secondary means of access to abutting property.
SUBDIVIDER
Any person, firm, partnership, corporation, association,
estate, trust, or other legal entity requesting review of action on
a land division or subdivision.
SUBDIVISION
The division of a lot or parcel of land for the purpose of
ownership transfer or building development, where:
A.
The act of division creates three or more parcels or building
sites of five acres each or less in area; or
B.
The act of division creates three or more parcels or building
sites of five acres or less in area by successive divisions within
a period of five years.
URBAN SERVICE AREA
That area which the Village Board has designated as the area
within which it expects the provision of the full range of urban facilities
and services. For purposes of this chapter, the full range of services
includes, but is not limited to, sanitary sewer, storm sewer, water
supply and distribution, fire service and police, parks and open space,
recreation, schools, and transportation.
UTILITY EASEMENT
An easement to place, replace, maintain, or move utility
facilities.
VILLAGE
The Village of Barneveld, Wisconsin, or its duly elected
Village Board.
VILLAGE BOARD
The Village Board of the Village of Barneveld, Wisconsin.
Whenever a lot or parcel of land to be divided as a subdivision
or as a land division contains all or in part a street, highway, greenway,
watercourse, or a drainageway or utility easement designated in the
Master Plan or Official Map, said public way shall be platted and
dedicated by the subdivider in the location and width indicated along
with all other streets.
Whenever a parcel of land to be divided as a subdivision or as a land division contains all or in part a site for a park or playground which has been designated on the Master Plan, and the area of which is in excess of the amount of land required to be dedicated in §
241-6 above, or a school site or other public site which has been designated on the Master Plan, such park, playground, school site or public site shall be reserved for purchase by the Village for a period of two years from the date of approval of the final plat unless extended by mutual agreement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If the preliminary plat has been approved or approved conditionally
by the Village Board, the subdivider may make written application
to the Village and pay the required fees for the approval of a final
plat. The application shall be submitted 10 days prior to the scheduled
Plan Commission meeting and shall be accompanied by five copies of
the plat. The final plat may be for all or part of the preliminary
plat. The Village Board shall refer the final plat to the Plan Commission
for a recommendation that the final plat conforms to provisions of
this chapter. The Plan Commission shall refer the plat to the Village
Engineer and appropriate committees for comments and recommendations.
After receipt of these comments and recommendations, the Plan Commission
shall make a determination and forward its recommendation to the Village
Board. Upon determining that the final plat meets the requirements
of this chapter and any additional requirements, has been submitted
within 36 months from the approval date of the preliminary plat, and
all preliminary plat conditions have been met, the Village Board shall
approve the final plat within 60 days of the date all required information
has been received by the Board. A copy of the recorded plat shall
be returned to the Village Clerk-Treasurer prior to the issuance of
a building permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When a land division is created as defined herein, the subdivider
shall first consult with the Plan Commission regarding the requirements
for certified surveys before submission of the final map. Following
consultation, a copy of the final map in the form of a certified survey
map, in accordance with § 236.34, Wis. Stats., and this
chapter, shall be submitted to the Plan Commission at least 10 days
prior to the regular meeting of the Plan Commission. The Plan Commission
shall, within 90 days of the filing, approve, approve conditionally,
or reject the map and shall notify the subdivider of its decision.
When the certified survey map involves the dedication of streets or
other public areas to the Village, the Village Board shall also approve
the map. The subdivider shall record the map with the County Register
of Deeds within 12 months of the last approval and 36 months of the
first approval by the Plan Commission and any other approving agencies.
Failure to do so shall necessitate reapproval of the map by the Plan
Commission. To the extent reasonably practicable, the certified survey
plat shall comply with the provisions of this chapter relating to
general requirements, design standards and required improvements.
A copy of the recorded survey map shall be returned to the Village
Clerk-Treasurer prior to the issuance of a building permit.
The development plan, as provided for in §
241-13, shall be submitted at a scale not more than 200 feet to one inch and shall show:
B. Contours at vertical intervals of not more than 10 feet.
The certified survey map shall comply with the provisions of § 236.24, Wis. Stats., and §
241-15.
Where not adequately controlled by zoning regulations, building
setback lines appropriate to the location and type of development
contemplated shall be recommended by the Plan Commission.
All subdivisions and land divisions shall comply with Chapter
128 of this Code.
Additional improvements, reasonable in nature, may be required
by the Village even though the same are not herein specified. Such
improvements shall be installed in accordance with the plans and specifications
approved by the Village Engineer.
All improvements shall be installed by contractors approved
by the Public Works Committee in accordance with the plans and specifications
approved by the Village Engineer.
The improvements specified shall be installed under the inspection
of the Village Engineer at the expense of the subdivider. The required
improvements shall be approved and accepted by the Village Board prior
to the issuance of any building permits in the subdivision.
If the Village Board elects not to defer the assessments, the
subdivider shall pay the costs of all required improvements and shall
be entitled to reimbursement therefor which benefits other undeveloped
lands. The right to reimbursement shall, however, be delayed until
such other lands are also improved or otherwise subdivided or developed.
The Village may enter into an agreement with the subdivider requiring
payment for the cost of public improvements which have benefitted
undeveloped lands. The Village shall condition the approval of any
future land divisions or subdivisions of the benefitted property upon
such payment. Calculations of sums reimbursable hereunder shall be
determined by the Village Engineer and be based upon original costs
only, without accrued interest or introduction of inflationary factors.
All rights to reimbursement shall expire 20 years from the date of
plat approval for the subdivision which necessitated the original
improvements for which such reimbursement is sought.
At the time of submitting a plat or certified survey application,
the developer shall pay to the Village Clerk-Treasurer filing fees.
All filing fees shall be set by Village Board resolution.
Except as otherwise provided for herein, any person who fails
to comply with the provisions of this chapter or any order, rule,
or regulation made hereunder, upon conviction thereof, shall be subject
to penalties and forfeitures as provided in §§ 236.30,
236.31, 236.32, 236.335 and 236.35, Wis. Stats.