[2-28-2022 by Ord. No. 08-2022[1]]
This Ordinance shall be known as the "Village of Mount Pleasant Land Division Ordinance," or as "Chapter 74 of the Village of Mount Pleasant Municipal Code, Racine County, Wisconsin." This chapter refers to it as the "Ordinance."
[1]
Editor's Note: This ordinance also repealed former Ch. 74, Subdivisions, adopted by the Code of 1993, as amended.
[2-28-2022 by Ord. No. 08-2022]
The purpose of this Ordinance is to regulate and control all land divisions within the corporate limits of the Village of Mount Pleasant and within the extraterritorial land division (plats and certified survey maps) approval jurisdiction of the Village in order to promote and protect the public health, safety, prosperity, aesthetics, and general welfare of the community. More particularly, and without limitation, it is also the purpose of this Ordinance to:
(a) 
Implement the Village's comprehensive plan and components thereof and facilitate enforcement of community development standards as set forth in the Village's land division ordinance, Zoning Ordinance, building code, and official map.
(b) 
Promote the wise use, conservation, and protection and proper development of the soil, water, wetland, woodland, and wildlife resources in the Village and its area of extraterritorial approval jurisdiction, and to achieve a balanced relationship between land use and development and the supporting and sustaining natural resource base.
(c) 
Further the orderly layout and appropriate use of land.
(d) 
Avoid the harmful effects of premature division or development of land.
(e) 
Lessen congestion in the streets and highways and accommodate "complete streets."
(f) 
Provide for proper ingress to and egress from development sites.
(g) 
Secure safety and resiliency from fire, flooding, disastrous storms, water pollution, disease, and other hazards to help minimize expenditures for disaster relief and flood mitigation projects.
(h) 
Prevent and control erosion, sedimentation, and other pollution of surface and subsurface waters.
(i) 
Preserve natural vegetation and cover to the extent practicable, and protect the natural beauty of the Village.
(j) 
Preserve the distinct character of neighborhoods, special planning districts, and the community.
(k) 
Provide adequate light, air, and water.
(l) 
Prevent the overcrowding of land.
(m) 
Facilitate the division of land into smaller parcels in accordance with the adopted comprehensive plan.
(n) 
Facilitate and ensure the adequate provision of transportation, water, sewerage, stormwater management, schools, parks, playgrounds, and other public facilities and services.
(o) 
Further the sustainability of the Village by accommodating green development and infrastructure.
(p) 
Ensure adequate legal description and proper survey monumentation of divided land.
(q) 
Provide adequate, affordable housing.
(r) 
Restrict building in areas of unsuitable soils or other areas poorly suited for development.
(s) 
Provide for the administration and enforcement of this Ordinance.
(t) 
Provide penalties and other remedies for violation of this Ordinance.
[2-28-2022 by Ord. No. 08-2022]
It is not the intent of this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, permits, or approvals previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions and such restrictions do not contravene rights vested under law, the provisions of this Ordinance shall govern. This Ordinance may not modify in a more restrictive manner time limits, deadlines, notice requirements, or other provisions of Chapter 236 of the Wisconsin Statutes that provide protections for a subdivider in accordance with § 236.45(2)(AC).
[2-28-2022 by Ord. No. 08-2022]
The provisions of this Ordinance shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Village, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
[2-28-2022 by Ord. No. 08-2022]
If any section, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
[2-28-2022 by Ord. No. 08-2022]
All other ordinances or parts of ordinances of the Village inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed.
[2-28-2022 by Ord. No. 08-2022]
The Village does not guarantee, warrant, or represent that only those areas delineated as floodplains on plats and certified survey maps will be subject to periodic inundation, nor does the Village guarantee, warrant, or represent that the soils shown to be unsuited for a given land use from tests required by the Ordinance are the only unsuitable soils within the jurisdiction of this Ordinance; and thereby asserts that there is no liability on the part of the Village Board, its agencies or agents, or employees for flooding problems, sanitation problems, or structural damages that may occur as a result of reliance upon, and conformance with, this Ordinance.
[2-28-2022 by Ord. No. 08-2022]
This Ordinance and amendments thereto shall be effective after a public hearing, adoption by ordinance by the Village Board, and posting or publication as required by law.