This title shall apply to all land and water within the corporate
limits of the Village of Grafton, Ozaukee County, Wisconsin, and to
all lands within the extraterritorial land division approval jurisdiction
of the Village.
All proposed land divisions, except those exempted in accordance
with this title, shall be subject to Village review and approval in
which the Village shall approve, approve with conditions and/or deed
restrictions, or reject proposed plats and certified survey maps.
A. Subdivisions. Any division of land within the Village or the extraterritorial land division approval jurisdiction of the Village that results in a subdivision as defined in Chapter
18.02, Definitions, shall be surveyed and a plat thereof approved and recorded pursuant to the provisions this title and Chapter 236 of the Wisconsin Statutes.
B. Minor land divisions. Any division of land within the Village or the extraterritorial land division approval jurisdiction of the Village that results in a minor land division as defined in Chapter
18.02 shall be surveyed and a certified survey map of such division approved and recorded as required by this title and Chapter 236 of the Wisconsin Statutes.
C. Condominiums. Any development within the Village that creates a condominium as defined in Chapter
18.02 shall be surveyed and a condominium plat thereof approved and recorded pursuant to §
18.04.08 of this title and Chapter 703 of the Wisconsin Statutes. Any condominium that creates a new lot, parcel, or outlot shall also comply with the requirements of Chapter 236 of the Wisconsin Statutes and the requirements of this title as applicable to land divisions. It is the express intent of this title to regulate condominiums having one or more principal structures on any lot or parcel, except for condominium conversions of existing buildings where no additional units are being developed, provided such conversions comply with Chapter 703 of the Wisconsin Statutes. In no case shall the maximum number of units in a condominium exceed the maximum number of lots the same parcel could have accommodated under the Village Zoning Ordinance if the parcel had been conventionally divided or developed.
No person, firm, or corporation shall divide any land located within the jurisdictional limits of the Village which results in a subdivision, minor land division, replat, or condominium as defined herein unless specifically exempted under §
18.03.03; and no such subdivision, minor land division, replat, or condominium shall be entitled to record without compliance with:
A. All requirements of this title.
B. The Village Comprehensive Plan or any component thereof, the Zoning
Ordinance, the Official Map Ordinance, and the Erosion Control and
Stormwater Management Ordinance.
C. The provisions of Village Municipal Code Chapter
23.01, Stormwater Management Regulations, and Chapter
23.04, Control of Construction Site Erosion.
D. The provisions of Chapter 236 of the Wisconsin Statutes for proposed
land divisions.
E. The provisions of Chapter 703 of the Wisconsin Statutes for proposed
condominiums.
F. The rules of the Wisconsin Department of Safety and Professional
Services regulating lot size and lot elevation necessary for proper
sanitary conditions if any lot or unit is not served by a public sewer
and provisions for such service have not been made.
G. The rules of the Wisconsin Department of Transportation and the Ozaukee
County highway department relating to provision for the safety of
entrance upon and departure from county and state trunk highways or
connecting highways and for the preservation of the public interest
and investment in such highway systems if the land owned or controlled
by the subdivider abuts on a county or state trunk highway or connecting
highway or street.
H. The rules of the Wisconsin Department of Natural Resources setting
water quality standards preventing and abating pollution, and regulating
development within floodplain, wetland, and shoreland areas.
I. The rules of the U.S. Army Corps of Engineers and U.S. Environmental
Protection Agency.
J. All other applicable ordinances and state and federal regulations.
No person, firm, or corporation shall build upon, divide, convey,
record, or place monuments on any land in violation of this title
or the Wisconsin Statutes. No person, firm, or corporation shall be
issued a zoning, building, erosion control, or utility permit by the
Village authorizing any land disturbing activity, building, or improvement
of, any subdivision, minor land division, replat, or condominium within
the jurisdiction of this title not of record as of the effective date
of this title, until the provisions and requirements of this title
have been fully met. The Village may institute appropriate action
or proceedings to enjoin violations of this title.
Any person, firm, or corporation who fails to comply with the
provisions of this title or Chapter 236 of the Wisconsin Statutes
shall, upon conviction thereof, face penalties as set forth below
plus any additional costs incurred by the Village for each violation.
Each day a violation exists or continues shall constitute a separate
offense. Violations and concomitant penalties shall include the following:
A. Recordation improperly made carries penalties as provided in § 236.30
of the Wisconsin Statutes.
B. Conveyance of lots in unrecorded plats carries penalties as provided
for in § 236.31 of the Wisconsin Statutes.
C. Monuments disturbed or not placed carries penalties as provided for
in § 236.32 of the Wisconsin Statutes.
D. Dividing a lot or parcel, or use if so divided, in a recorded plat
or certified survey map for purposes of sale or building development
not in compliance with the provisions of Chapter 236 of the Wisconsin
Statutes, to any applicable ordinance of an approving authority, or
to the rules of the Wisconsin Department of Safety and Professional
Services carries penalties as provided in § 236.335 of the
Wisconsin Statutes.
E. An assessor's plat made under § 70.27 of the Wisconsin
Statutes may be ordered as a remedy by the Village, at the expense
of the subdivider, when a subdivision, as defined in this title, is
created by successive divisions.
Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal such objection or failure to approve,
as provided in § 236.13(5) of the Wisconsin Statutes, within
30 days of notification of the rejection of the plat. Where failure
to approve is based on an unsatisfied objection, the agency making
the objection shall be made a party to the action. The court shall
direct that the plat be approved if it finds that the action of the
approving or objecting agency is arbitrary, unreasonable, or discriminatory.