This title shall be known as, referred to, or cited as the "Subdivisions
Ordinance, Village of Grafton, Wisconsin."
These regulations are adopted under the authority granted by
§ 236.45 of the Wisconsin Statutes.
The purpose of this title is to regulate and control all land
divisions within the corporate limits of the Village of Grafton 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 title 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. Encourage the most appropriate use of land throughout the Village
and its area of extraterritorial approval jurisdiction taking into
consideration the character of the Village.
C. 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 the natural resource base.
D. Further the orderly layout and appropriate use of land.
E. Avoid the harmful effects of premature division or development of
land.
F. Lessen congestion in the streets and highways and accommodate "complete
streets."
G. Provide for proper ingress to and egress from development sites.
H. 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.
I. Prevent and control erosion, sedimentation, and other pollution of
surface and subsurface waters.
J. Meet stormwater regulations set forth in Chapter
23.01, Stormwater Management Regulations, Chapter
23.04 Control of Construction Site Erosion, and current Village stormwater regulations set forth in the Wisconsin Department of Natural Resources MS4 permit.
K. Preserve natural vegetation and cover to the extent practicable,
and protect the natural beauty of the Village.
L. Preserve the distinct character of neighborhoods, commercial districts,
and the community.
M. Provide adequate light, air, and water.
N. Prevent the overcrowding of land.
O. Facilitate the division of land into smaller parcels in accordance
with the adopted comprehensive plan.
P. Facilitate and ensure the adequate provision of transportation, water,
sewerage, stormwater management, schools, parks, playgrounds, and
other public facilities and services.
Q. Further the sustainability of the Village by accommodating green
development and infrastructure.
R. Ensure adequate legal description and proper survey monumentation
of divided land.
S. Restrict building in areas of unsuitable soils or other areas poorly
suited for development.
T. Provide for the administration and enforcement of this title.
U. Provide penalties and other remedies for violation of this title.
It is not the intent of this title 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
title imposes greater restrictions and such restrictions do not contravene
rights vested under law, the provisions of this title shall govern.
This title 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).
The provisions of this title shall be interpreted to be minimum
requirements, 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.
If any section, provision, or portion of this title is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this title shall not be affected thereby.
All other ordinances or parts of ordinances of the Village inconsistent
or conflicting with this title, to the extent of the inconsistency
only, are hereby repealed.
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 title; 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 title.
This title 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.