This chapter shall be known as the "City of Edgerton Land Division Ordinance," or as "Chapter
442 of the City of Edgerton Code, Rock and Dane Counties, Wisconsin," and is referred to as the "chapter" in this chapter.
These regulations are adopted under the authority granted by
§§ 236.45 and 703.115, Wis. Stats.
The purpose of this chapter is to regulate and control all land
divisions within the corporate limits of the City of Edgerton and
within the extraterritorial plat and certified survey map (land division)
approval jurisdiction of the City 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 chapter to:
A. Implement the City's Comprehensive Plan and components thereof and facilitate enforcement of community development standards as set forth in this chapter, Chapters
192, Building Construction, and
423, Official Map, and 450, Zoning.
B. Promote the wise use, conservation, and protection and proper development
of the soil, water, wetland, woodland, and wildlife resources in the
City, 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 City.
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 City 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 chapter.
T. Provide penalties and other remedies for violation of this chapter.
It is not the intent of this chapter 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
chapter imposes greater restrictions and such restrictions do not
contravene rights vested under law, the provisions of this chapter
shall govern. This chapter may not modify in a more restrictive manner
time limits, deadlines, notice requirements, or other provisions of
Ch. 236, Wis. Stats., that provide protections for a subdivider in
accordance with § 236.45(2)(ac).
The provisions of this chapter shall be interpreted to be minimum
requirements and shall be liberally construed in favor of the City,
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 chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
All other ordinances or parts of ordinances of the City inconsistent
or conflicting with this chapter, to the extent of the inconsistency
only, are hereby repealed.
The City 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 City guarantee,
warrant, or represent that the soils shown to be unsuited for a given
land use from tests required by this chapter are the only unsuitable
soils within the jurisdiction of this chapter; and thereby asserts
that there is no liability on the part of the City Council, 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 chapter.
This chapter and amendments thereto shall be effective after
a public hearing, adoption by ordinance by the City Council, and posting
or publication as required by law.