This chapter shall be known as the "Subdivision Regulations,
City of Watertown, Wisconsin."
These regulations are adopted under the authority granted by
Sections 236.45 and 703.115 of the Wisconsin Statutes.
This chapter is intended to regulate and control the division
and subdivision of land within the corporate limits and the extraterritorial
plat approval jurisdiction of the City of Watertown in order to promote
the public health, safety, and general welfare; to encourage the most
appropriate use of land; to provide the best possible living environment
for people; and to conserve the value of buildings placed upon the
land by furthering the orderly layout and use of land; ensuring proper
legal description and proper monumenting of land; preventing overcrowding
of land and avoiding undue concentration of population; lessening
congestion in the streets and highways; securing safety from fire,
flooding, water pollution, and other hazards; providing adequate light
and air; facilitating adequate provisions for transportation, water,
sewerage, schools, parks, playgrounds, open space, stormwater drainage,
the conservation of land, natural resources, scenic and historic sites,
energy, and other public requirements; facilitating further resubdivision
of larger parcels into smaller parcels of land; furthering the sustainability
of the city by accommodating green development and infrastructure;
providing adequate affordable housing; restricting building in areas
of unsuitable soils or other areas poorly suited for development;
providing for proper ingress to and egress from development sites;
ensuring enforcement of the development concepts, policies, and standards
delineated in the Comprehensive Plan and related components, the Official
Map, the Parks and Open Space Plan, the Transportation Plan, the Zoning
Code, the Erosion Control and Stormwater Runoff Codes, and the Building
Code of the City of Watertown.
A.
Conformance with policies. It is the intent of the City of Watertown
that land be developed in harmony with the following policies agreed
to in the Comprehensive Plan, Plan for Parks and Open Space, Official
Map, and the Jefferson County or Dodge County Land Use Plan as adopted
by the City of Watertown:
(1)
To plan the location and/or timing of new development to make it
efficient, to reduce public costs, and to encourage separation and
distinction between municipalities.
(2)
To direct and stage new growth only to those areas planned and programmed
for development and capable of providing a full range of urban services,
including transportation and schools.
(3)
To discourage scattered development and urban sprawl.
(4)
To ensure that development complements rather than conflicts with
natural features such as rolling topography, trees, creeks, ponds,
and rock formations.
(5)
To develop a system of interior open spaces within existing environmental
corridors to delineate neighborhoods, control stormwater drainage,
and provide circulation for pedestrian and bicycle traffic.
(6)
To ensure that development locates and coordinates safely and efficiently
with transportation facilities.
(7)
To encourage preservation of open space and aesthetic quality in
development through the use of planned development districts.
(8)
To favor development intensities and patterns that are supportive
of alternative modes of transportation.
(9)
To promote and maintain balanced commercial activity that is viable
and responsive to the needs of the community and the surrounding market
area.
(10)
To preserve the quality of the water and the air and to prevent
extreme noise and visual blight.
(11)
To preserve prime agricultural land through the design and location
of development.
(12)
To encourage development in the City with balanced residential,
commercial, industrial, and open space patterns and public services.
B.
Land suitability. No land shall be divided or subdivided for development
which is held unsuitable by the Plan Commission for reason of flooding
or potential flooding, soil limitations, adverse rock formation, inadequate
drainage, steep topography, incompatible surrounding development,
inadequate public services, or any other condition likely to be harmful
to the health, safety, or welfare of the future residents or users
of the area or harmful to the community.
(1)
Except as provided herein, the Plan Commission shall determine land
suitability prior to the time the preliminary plat or certified survey
map is considered for approval, following review and recommendations
by the appropriate City commissions and committees. The Plan Commission
may impose special conditions on the plat or certified survey map
deemed necessary to protect the health, safety, or welfare of future
residents of the area. Those areas found to be environmentally sensitive
shall be considered for preservation as open space. The determination
of land suitability will be evaluated through the site assessment
procedures. The subdivider shall furnish such maps, data, and information
as may be necessary to make determine land suitability.
(2)
Should the Plan Commission determine that the land is unsuitable
for the intended development, it shall state its reasons in writing
to the subdivider within 30 days of initial Plan Commission action.
The subdivider may present additional evidence to support the proposed
plat or certified survey map. Upon review of the additional evidence,
the Plan Commission shall affirm, modify, or withdraw its determination
of unsuitability.
C.
Determination of adequacy of public facilities and services.
(1)
A certified survey map, preliminary plat, or final plat shall not
be approved unless the Plan Commission and the Common Council determine
that adequate public facilities and public services are available
to meet the needs of the proposed land division.
(2)
The applicant shall furnish any data requested by the City Engineer,
who shall transmit this information to appropriate City commissions,
committees, and boards for review and shall act as coordinator for
their reports to the Plan Commission and the Common Council on the
adequacy of water; sanitary and storm sewers; fire service; police;
parks, open space, recreation, and transportation facilities.
(3)
Public facilities and public services for a proposed plat or certified
survey map may be found to be adequate when the following conditions
exist:
(a)
Where the proposed land division is located in an urban service
area or planned future urban service area where mainline interceptor
sewer service is available, presently under construction, or designated
by the Common Council for extension of sewer service, the Plan Commission
and the Common Council also shall consider the recommendations of
the City Engineer and the Public Works Commission on the capacity
of trunk lines, sewage treatment facilities, and any other information
presented. Where the proposed land division is not located in an urban
service area or planned future urban service area where mainline interceptor
sewer service is available, presently under construction, or designated
by the Common Council for extension of sewer service, the Plan Commission
and the Common Council shall consider the site-specific and overall
impact of such development on the public health, safety, and welfare
of the immediate area and the community as a whole.
(b)
Where the proposed land division is located within an urban
service area or planned urban service area where arterial transmission
water main service and adequate capacity are available, presently
under construction, or designated by the Common Council for extension
of public water service, the Plan Commission and the Common Council
shall consider the recommendations of the City Engineer and the Public
Works Commission on line capacities, water sources, storage facilities,
and any other information presented. Where the proposed land division
is located within an urban service area or planned urban service area
where arterial transmission water main service and capacity are not
available, presently under construction, or designated by the Common
Council for extension of public water service, the Plan Commission
and the Common Council shall consider the site-specific and overall
impact of such development on the public health, safety, and welfare
of the immediate area and the community as a whole.
(c)
The City Engineer and Public Works Commission shall recommend
to the Plan Commission and the Common Council that adequate facilities
are available to ensure the proper stormwater management.
(d)
The Parks, Recreation and Forestry Commission shall recommend
that future residents of the proposed land division can be assured
park, recreation, and open space areas, facilities, and services which
meet the standards of the Park and Open Space Plan.
(e)
The appropriate Police Department and Fire District shall verify
that timely and adequate service can be provided to the residents.
(f)
The proposed land division shall be accessible by existing publicly
maintained, all-weather roads adequate to accommodate both existing
traffic and that traffic to be generated by the proposed land division,
necessary additional roads and road improvements shall be budgeted
for construction with public or private financing, or public transportation
service shall be deemed sufficient to serve the land division in combination
with the foregoing available or programmed for the area. The Plan
Commission and the Common Council shall consider the recommendations
of other commenting agencies and jurisdictions and such factors as
level of service, average and peak use, and any other information
presented.
(g)
Where the Plan Commission and the Common Council determine that
one or more public facilities or services are not adequate for the
proposed development but that a portion of the area could be served
adequately or that careful phasing of the development could result
in all public facilities and public services being adequate, conditional
approval may include only such portions or may specify appropriate
phasing of the development.
D.
In the case of all land divisions, including all plats and certified survey maps, lot sizes shall conform to the area and width requirements of Chapter 550, Zoning, unless otherwise modified by the provisions of this chapter.
E.
Dedication and reservation of land.
(1)
Whenever a tract of land to be divided within the jurisdiction of
this chapter encompasses all or any part of a street, highway, bikeway,
pedestrian way, greenway, environmental corridor, waterway, or a drainage
or utility easement designated in the Comprehensive Plan or Official
Map, the subdivider shall plat said public way in the locations and
dimensions indicated on said Comprehensive Plan or Official Map. The
Plan Commission shall determine whether said public way should be
dedicated to the public or reserved by the subdivider.
(2)
Whenever a tract of land to be divided within the jurisdiction of
this chapter encompasses all or part of a park site, open space, or
other recreation area or school site designated in the Comprehensive
Plan, Park and Open Space Plan, or Official Map, said public sites
shall be platted and dedicated or reserved by the subdivider at the
discretion of the Plan Commission in the locations and dimensions
indicated on said plans or map according to the requirements of this
chapter.
(3)
Once a preliminary plat or certified survey map is approved, any
lands proposed for public use above shall not be altered without the
written approval of the Plan Commission, the Park, Recreation and
Forestry Commission, and the Public Works Commission.
F.
Penalties.
(1)
Failure to comply with the requirements of this chapter shall invalidate
purported transfers of titles at the option of the purchaser according
to the provisions of § 236.31(3), Wis. Stats.
(2)
Any subdivider or agent of the same who violates or fails to comply
with this chapter shall be subject to penalties prescribed in the
enforcement provisions of the Code of the City of Watertown.
(3)
A building permit shall be refused for any site violation of this
chapter.
G.
Exceptions. The provisions of this chapter shall not apply to:
(1)
Transfers of interests in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages, or easements.
(3)
The sale or exchange of parcels of land between owners of adjoining property, if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by the Zoning Code in Chapter 550 or other applicable laws or ordinances, unless the parcels have been part of a prior recorded land division or subdivision plat.
(4)
Where sale or exchange of parcels involves only a change of lot lines,
the land division may be approved by the Zoning Administrator after
a staff review to determine conformance with City of Watertown ordinances.
(5)
Cemetery plats made under Section 157.07 of the Wisconsin Statutes.
(6)
Assessor's plats made under Section 70.27 of the Wisconsin Statutes;
assessors' plats, however, shall comply with Sections 236.15(1)(a)
through (g) and 236.20(1) and (2)(a) through (e) of the Wisconsin
Statutes, unless waived under Section 236.20(2)(L).
(7)
Public transportation project plats made under Section 84.095 of
the Wisconsin Statutes.
(8)
Sale or exchange of parcels of public utilities or railway rights-of-way
to adjoining property owners if the City Common Council and the Plan
Commission approve such sale or exchange on the basis of applicable
local ordinances or the provisions of Chapter 236 of the Wisconsin
Statutes.
H.
Homeowner or condominium associations. Common areas or facilities
within a land division or condominium shall be held in common ownership
as undivided proportionate interests by members of a homeowners or
condominium association, subject to the provisions set forth herein.
The homeowners or condominium association shall be governed according
to the following:
(1)
The subdivider shall provide the City with a description of the homeowners
or condominium association, including its bylaws and all documents
governing maintenance requirements and use restrictions for common
areas and facilities. These documents shall be subject to review by
the Plan Commission.
(2)
The association shall be established by the owner or applicant and
shall be operating prior to the sale of any lots or units in the subdivision
or condominium.
(3)
Membership in the association shall be mandatory for all purchasers
of lots or units therein and their successors and assigns.
(4)
The association shall be responsible for maintenance and insurance
of common areas and facilities.
(5)
A land stewardship plan for any common open space to be retained
in a natural state shall be included in the submittal of association
documents.
(6)
The members of the association shall share equally the costs of maintaining,
insuring, and operating common areas and facilities.
(7)
The association shall have or hire adequate staff to administer,
maintain, and operate common areas and facilities.
(8)
The subdivider shall arrange with the City assessor a method of assessing
any common areas and facilities that will allocate to each lot, parcel,
or unit within the land division or condominium a share of the total
assessment for such common areas and facilities.
