[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Jurisdiction of this chapter shall include all lands within the corporate limits of the municipality. The provisions of this chapter as it applies to divisions of tracts of land into less than five parcels shall not apply to:
A. 
Transfers of interests in land by will or pursuant to court order if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes and meet all specifications required by this chapter, the applicable Waukesha County Zoning Ordinances, or other applicable laws or ordinances.
B. 
Leases for a term not to exceed 10 years, mortgages or easements.
C. 
Sale, exchange or transfer of parcels of land or portions of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimize sizes and meet all specifications required by this chapter, the applicable Waukesha County Zoning Ordinances, and other applicable laws and ordinances, subject to the review procedures described in § 288-23.
D. 
Cemetery plats made under Wisconsin Statutes § 157.07.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person, firm, or corporation shall develop any land located within the jurisdictional limits of this chapter or divide any land located within the jurisdictional limits of this chapter so that such division results in a subdivision, minor land division, certified survey map, condominium plat, assessor's plat or replat as defined herein; no such subdivision, minor land division, certified survey map, condominium plat, assessor's plat or replat shall be entitled to recording; and no public street shall be laid out or public improvements made to land without compliance with all requirements of this chapter and the following documents. A soil test must be submitted for every lot in every land division.
A. 
Chapter 236, Wisconsin Statutes.
B. 
Rules of the Wisconsin Department of Transportation relating to safety of access and the preservation of the public interest and investment in the street system, if the land owned or controlled by the subdivider abuts a state trunk highway or connecting street, and all provisions of Ch. Trans 233, Wis. Adm. Code.
C. 
Rules of the Wisconsin Department of Natural Resources, Division of Environmental Management, setting water quality standards preventing and abating pollution and regulating development within floodland, wetland and shoreland areas, and regulating septic systems.
D. 
Duly approved Comprehensive Plan or Comprehensive Plan component of the municipality, including sanitary codes, the Established Street and Highway Width Map of Waukesha County, the rules of the Waukesha County Department of Public Works establishing regulations for access to and work within county highway rights-of-way, Ordinance No. 146-56, and all other applicable county and Town ordinances.
E. 
A developer's agreement, satisfactory to the municipality, between the municipality and the developer, subdivider and/or owner.
F. 
The Waukesha County Shoreland and Floodland Subdivision Control Ordinance and the Waukesha County Shoreland and Floodland Protection Ordinances.
G. 
The Waukesha County Zoning Ordinance(s).
H. 
The Waukesha County Construction Site Erosion Control and Stormwater Management Ordinance.
I. 
The Waukesha County Code of Ordinances regarding regulation of private sewage systems, Ordinance No. 151-34, which regulates all land to be divided which is not served by public sewer and provisions for such services have not been made.
J. 
The Town of Ottawa Land Division Review Checklist, as adopted by the Town Board of the Town of Ottawa by separate resolution, including any amendments that may be made thereto from time to time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Streets, highways, drainageways and floodplain. Whenever a tract of land to be divided or developed within the jurisdiction of this chapter encompasses all or any part of a street, drainageway, floodplain or other public way which has been designated on a duly adopted municipal or regional Comprehensive Plan or Comprehensive Plan component, or is in any way determined to be such by the Plan Commission or governing body, said public way shall be dedicated or reserved by the owner in the locations and dimensions indicated on said plan or component and as set forth in Article VII of this chapter.
B. 
Parks, playgrounds, trails and public sites. Whenever a tract of land to be divided or developed within the municipality encompasses all or any part of a park, playground, trail or public site which has been designated on a duly adopted municipal or regional Comprehensive Plan or Comprehensive Plan component, or is in any way determined to be such by the Plan Commission or governing body, said park, playground, trail or public site shall be dedicated or reserved by the owner in the locations and dimensions indicated on said plan and in accordance with the procedures set forth in § 288-55 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Before final approval of any land division or development located within the jurisdictional limits of this chapter, the owner shall install improvements as hereinafter provided or provide guarantees for said installation. The owner shall, before commencing with any improvements, enter into a developer's agreement with the municipality agreeing to install the required improvements. Unless the improvements are fully complete at the time of filing the final plat, the owner shall file with said agreement cash or a letter of credit meeting the approval of the Municipal Attorney in an amount equal to the estimated construction cost of the improvements and fees, plus an additional 15% of said cost and the fees, said estimate to be made by the Municipal Engineer, as a guarantee that such improvements will be completed by the owner or its subcontractors not later than the date or dates provided in the agreement and as a further guarantee that all obligations for work on the development are satisfied. If the improvements will be completed prior to the approval of the final plat, the financial guarantee may be in the form of a surety bond rather than cash or a letter of credit if applicable laws give the owner that option, provided that the surety bond must be in a form approved by the Municipal Attorney and amount approved by the Municipal Engineer. In addition:
A. 
Contracts and contract specifications for the construction of improvements on dedicated street rights-of-way, as well as the contractors and subcontractors providing such work, shall be subject to the approval of the Municipal Engineer.
B. 
Governmental units or utility companies to which these provisions apply may file, in lieu of said agreement and letter of credit, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this chapter.
C. 
Survey monuments. Before final approval of any land division within the municipality, the owner shall install survey monuments placed in accordance with requirements of § 236.15 of the Wisconsin Statutes and as may be required by the Municipal Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Waiver or modification. A petitioner may request that the Town waive or modify enforcement of one or more provision(s) of this chapter as follows:
(1) 
Written Request. The petitioner shall submit a written request for a waiver or modification to the Town Clerk. In the written request, the petitioner shall specify the specific provision(s) that the petitioner wants the Town to waive or modify and the petitioner's reasons for requesting the same.
(2) 
Referral to Town Plan Commission and Town Board. Upon receipt of a written request for a waiver or modification, the Town Clerk shall, within a reasonable time, place the matter on a Town Plan Commission and a Town Board agenda for review and action.
(3) 
Considerations. The Town Plan Commission and Town Board shall each make a determination, which shall include consideration, but not necessarily an affirmative finding, of the following factors:
(a) 
Whether the waiver or modification would be consistent with the general intent of this chapter.
(b) 
Whether the waiver or modification would adversely affect property owners in the surrounding area.
(c) 
Whether the waiver or modification would benefit the petitioner's project in a way that is not inconsistent with the Town's interests.
(d) 
Whether the petitioner is otherwise in full compliance with applicable ordinances and agreements with the Town.
(e) 
Whether, instead of granting the waiver or modification, this chapter itself should be changed to accommodate the kind of situation presented by the petitioner.
(4) 
Grant or denial of waiver or modification. After considering the above-listed factors and any other factors that may be relevant to the matter, the Town Plan Commission and Town Board shall then each independently determine whether it is objectively reasonable to grant the request. A waiver or modification may be granted without making an affirmative finding concerning any one or more of the above-listed factors if, on the whole, it is objectively reasonable to do so. If the Town Plan Commission and Town Board each determine that it is objectively reasonable to grant the request, then the waiver or modification shall be deemed granted as of the date that the second of the two determinations is made. If either the Town Plan Commission or the Town Board, or both of them, deny their request, then the request is denied.
(5) 
Past non-compliance not waived. A waiver or modification that is granted pursuant to a written request as described in this section shall not waive any fines, forfeitures or other penalties that may have accrued due to violations of this chapter that took place prior to the date of the request being granted, unless specifically stated otherwise in the decision of the Town Board.
B. 
Monument deferral. The Town Board may defer the placing of monuments, required under § 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time with the condition that the owner provide the Town with cash or a letter of credit, in an amount specified by the Town Board, to ensure the placement of such monuments within the required time limits established by the municipality.
A. 
No land shall be divided or developed which is determined to be unsuitable for the proposed use by the Plan Commission or governing body for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or of the municipality. In addition:
(1) 
Lots. Each lot shall have at least 50% of its required area in the same zoning district as the zoning district where the building site is to be located.
(2) 
Floodlands. Each lot shall have at least 50% of its required lot area above an elevation at least two feet above the elevation of the 100-year reoccurrence interval flood, or where such data is not available, five feet above the minimum flood of record.
(3) 
Lands made, altered or filled with nonearth materials within the preceding 20 years shall not be divided into building sites which are to be served by soil absorption sewage disposal systems.
(4) 
Lands made, altered or filled with earth within the preceding seven years shall not be divided or developed into building sites which are to be served by on-site soil absorption sewage disposal systems.
(5) 
Lands having a slope of 12% or more shall be maintained in permanent open space use. No lot shall have more than 50% of its minimum required area in slopes of 10% or greater.
(6) 
Lands having bedrock within six feet of the natural undisturbed surface shall not be divided or developed into building sites to be served by on-site soil absorption sewage disposal systems.
(7) 
Lands having groundwater within six feet of the natural undisturbed surface shall not be divided or developed into building sites to be served by soil absorption sewage disposal systems.
(8) 
Lands drained by farm drainage tile or farm ditch systems shall not be divided or developed into building sites to be served by on-site soil absorption sewage disposal systems.
(9) 
Spite strips may not be created by any division of land.
(10) 
Remnants under 20 acres must be a part of the plat or map. Any remnant 20 acres or larger must be a part of the map or plat unless waived by the Plan Commission and governing body. The owner must provide proof that any remnant in excess of 20 acres not shown on a plat or map is able to support a soil absorption sewage disposal system.
B. 
The Plan Commission or governing body, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is unsuitable for development or division and afford the owner an opportunity to present evidence in rebuttal to such finding of unsuitability if so desired. Thereafter, the Plan Commission or governing body may affirm, modify or withdraw its determination of unsuitability.
The Plan Commission or governing body may require submission of a draft of protective covenants whereby the owner intends to regulate land use in the proposed division or development and otherwise protect the proposed development. The Municipal Attorney shall review all covenants and shall approve covenants as to form.
It shall be unlawful to build upon, divide, convey, record, or place monuments on any land in violation of this chapter or the Wisconsin Statutes, and no person, firm, or corporation shall be issued a building permit by the municipality authorizing the building on, or improvement of, any subdivision, minor land division, condominium plat, assessor's plat, conveyance, or replat within the jurisdiction of this chapter not of record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully met. The municipality may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Any person, firm or corporation who or which violates or fails to comply with the provision of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000, plus the costs of prosecution for each offense, and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the county jail and/or suspension or revocation of driving privileges. Each day a violation exists or continues shall constitute a separate offense until the person, firm or corporation comes into compliance with this chapter. Violations and concomitant penalties shall include and the same are hereby adopted:
(1) 
Recordation improperly made carries penalties as provided for in § 236.30, Wisconsin Statutes.
(2) 
Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31, Wisconsin Statutes.
(3) 
Monuments disturbed or not placed carries penalties as provided for in § 236.32, Wisconsin Statutes.
B. 
An assessor's plat made under § 70.27, Wisconsin Statutes, may be ordered as a remedy by the municipality, at the expense of the owner, when a subdivision as defined herein is created by successive divisions.
C. 
All penalties provided for herein shall be in addition to any penalties imposed by any other governmental body.
D. 
Any penalties not paid shall be special charges against the real estate involved and may be so assessed and collected by the municipality under § 66.0627, Wisconsin Statutes.
Any person aggrieved by an objection to a division or development or a failure to approve a division or development may appeal such objection or failure to approve as provided in § 236.13(5), Wisconsin Statutes, within 30 days of notification of the rejection of the division or development. 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 remand the matter back to the municipality for further review and action if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.