Pursuant to Ch. 236, Wis. Stats., these land division and subdivision regulations were adopted and made effective by the Brooklyn Town Board on June 29, 2005. All applications for subdivision approval, including certified survey maps, condominium developments, preliminary plats and final plats, pending as of the effective date, shall be reviewed under this chapter. This chapter shall be interpreted and enforced by the Brooklyn Town Board, Green Lake County, Wisconsin.
This chapter shall be known and referred to as the "Town of Brooklyn Land Division and Subdivision Ordinance."
These regulations are made with consideration to preserving the character of the Town and its environment, conserving the value of the land and improvements, providing the most appropriate environment for human habitation, protecting open spaces, and providing the mechanism to implement the division of land in accordance with the Brooklyn Comprehensive Master Plan. Where this chapter imposes greater restrictions than the Green Lake County Land Division Ordinance, the provisions of this chapter shall govern. This chapter is designed:
A.
To promote the public health, safety, convenience and general welfare of the Town.
B.
To lessen congestion in the highways and streets by ensuring that the street system design will not have a negative effect on neighborhood quality, traffic flow and safety.
C.
To provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems.
D.
To discourage overcrowding of the land and provide the best possible environment for living in the Town.
E.
To protect the Town's agriculture base and prime agricultural soils.
F.
To facilitate the further division of large tracts of land into smaller parcels.
G.
To establish reasonable standards of design and procedures for land divisions, subdivision and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.
H.
To ensure that facilities, improvements and services are available concurrent with development and will have a sufficient capacity to serve the proposed land division and that the Town will be required to bear no more than its fair share of the cost of providing the facilities and services through requiring the subdivider to pay fees, furnish land or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by development.
I.
To prevent the pollution of air, surface water and groundwater.
J.
To assure the adequacy of drainage facilities; and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land.
K.
To provide for open spaces through the most efficient design and layout of the land in conformance with the density of development as established in the Brooklyn Comprehensive Master Plan and the regulations established by applicable zoning ordinances.
L.
To ensure that land is subdivided only when the subdivision is necessary to provide for uses of land for which marked demand exists and which are in the public interest.
M.
To avoid the problems associated with inappropriately subdivided lands.
This chapter is adopted by the Town Board of the Town of Brooklyn, Green Lake County, Wisconsin, under the authority granted by § 236.45, Wis. Stats., for the purposes listed in §§ 236.01 and 236.45, Wis. Stats.
A.
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 Town of Brooklyn.
B.
This chapter shall not repeal, impair or modify private covenants, except that it shall apply whenever it imposes stricter restrictions on land use.
C.
This chapter shall not repeal, abrogate, annul, impair or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to law.
(1)
Subdivisions shall conform to the Brooklyn Comprehensive Master Plan to ensure orderly, planned, efficient and economical development of the Town and minimize subdivision development in rural, farm areas beyond planned growth limits.
(2)
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril, and land shall not be subdivided until adequate facilities and improvements exist and proper provision has been made for stormwater drainage, surface water and groundwater quality, streets and transportation facilities.
(3)
Land that has been subdivided prior to the effective date of this chapter shall be brought to comply with this chapter if future development renders modifications feasible.
In the Town's interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin statutes.
If any provision of this chapter is deemed invalid or unconstitutional, or if the application of this chapter to any person or circumstances is deemed invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this chapter.
For the purpose of promoting the public health, safety and general welfare, the Town Board may, from time to time, amend the provisions of this chapter, pursuant to the Wisconsin statutes.
The administration of the provisions of this chapter shall be the responsibility of the Town Clerk, Town Plan Commission and Town Board.
All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.