(1)
The purpose of this ordinance is to guide the division and development of land within the jurisdiction of the Village of Belleville to promote public health, safety and general welfare; encourage the most appropriate use of land; to provide the best possible living environment for people; and to conserve prime agricultural land and the value of buildings placed upon land by:
(a)
Furthering the orderly layout and use of land.
(b)
Ensuring proper legal description and proper monumenting of land.
(c)
Preventing overcrowding of land and avoiding undue concentration of population.
(d)
Reduce the potential for congestion in roadways and rights-of-way.
(e)
Securing safety from fire, panic and other dangers.
(f)
Providing adequate light and air.
(g)
Facilitating adequate provision for transportation, water, sewerage, schools, parks, playgrounds, open space and stormwater drainage; the conservation of land, natural resources, scenic and historic sites, and energy; and other public requirements.
(h)
Facilitating further re-subdivision of larger parcels into appropriate smaller parcels of land.
(i)
Ensuring enforcement of the development concepts and standards delineated in the Village’s Master Plan, Official Map, Zoning and Building Codes.
(j)
Minimizing the public costs of providing necessary services to the people who will live or work in the new development.
(2)
All decisions made by the Plan Commission pursuant to the provisions of this chapter are recommendations to the Village Board and are subject to Village Board review and action.
(1)
Application required. No person, firm or corporation shall divide any land located within the one and one-half (1.5)-mile extraterritorial plat approval jurisdiction of the Village without first filing an application and a certified survey map and/or preliminary plat with the Village for approval by the Plan Commission.
(2)
Pre-application procedure.
(b)
This procedure will assist the applicant in appraising the objectives of these regulations, the Comprehensive Plan, the Official Map and other pertinent Village ordinances.
(c)
The pre-application information shall be submitted to the Village Clerk for review by the Zoning Administrator and approval thirty (30) days prior to when the application will be considered by the Plan Commission.
(3)
Extraterritorial land division policies. The following policies shall govern the Village Plan Commission in approving division of land within the one and one-half (1.5)-mile extraterritorial area.
(a)
Land divisions shall not adversely affect the Village’s ability to provide and extend transportation or other public services and public improvements.
(b)
For land divisions, the Plan Commission may require approval of the certified survey map (Section 15.034) or preliminary plat (Section 15.032) by the pertinent town board before acting as specified under this section. Land divisions will be permitted for dwellings, not exceeding an overall ratio of one building lot created for every thirty-five (35) acres owned, to avoid creating scattered land divisions that will adversely affect the Village's ability to accomplish future annexations. The only exception to this policy is that lots resulting in the infill of existing subdivisions may also be permitted. Approval will be determined based on the provisions of Section 236.13, Wis. Stats.
(c)
The Village will attempt to seek consistency of the locally adopted town comprehensive plan. Land divisions must be consistent with the Village’s Comprehensive Master Plan and this chapter, except a land division in the extraterritorial jurisdictional area will not be rejected based on the proposed use of land, and a land divider shall not be required to install Village public improvements.
(d)
All land divisions within the one and one-half (1.5)-mile extraterritorial area will be subject to the land preservation or dedication requirements of this chapter that do not relate to dedication of parkland for public improvements, but for the following:
1.
Any waterway, parkway or stormwater management area identified on the Village Comprehensive Plan or Official Map shall be dedicated in conformance with requirements of this chapter.
(e)
Plats within the Village's one-and-one-half (1.5)-mile extraterritorial jurisdiction (ETJ) area and within the Belleville zip code shall include roadway names. Since the Belleville Fire District and the Belleville Area Emergency Medical Service District provides emergency services in the towns, roadway names within the ETJ will be reviewed by the Village to ensure there is no duplication of, or confusion with, roadway names in the Village.
(f)
Land divisions within the one and one-half (1.5)-mile extraterritorial area will be required to comply with the driveway location, design and construction requirements in Section 9.21 of the Village ordinances to help assure traffic safety at the edge of the Village. Only the driveway location and design standards of Section 9.21(1)(a) apply in the ETJ area.
(g)
The Plan Commission may impose such conditions on the approval of a land division that are necessary to ensure compliance with this section.
(h)
In all cases, the time within which action is required shall not begin until the approving town board, pertinent county reviewing officials and the Village have received all maps, drawings and data required for land division approval, applications have been completed and fees have been paid.
(1)
Additional regulations.
(a)
Any person dividing land within the Village or within its extraterritorial approval jurisdiction which results in a land division shall prepare a plat of the subdivision or a certified survey map in accordance with the requirements of this chapter and:
2.
Any Village or county ordinance that is in effect when the developer submits a preliminary plat, or a final plat if no preliminary plat is submitted.
3.
The rules of the Department of Safety and Professional Services relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by public sewer, where provision for public sewer has not been made.
4.
The rules of the Department of Transportation relating to provision for the safety of entrance upon and departure from the abutting state trunk highways or connecting highways and for the preservation of the public interest in investment in such highways.
(b)
As a condition of approval, the Village Board may require that the developer make and install any public improvements reasonably necessary or that the developer execute a surety bond or provide other security to ensure that he or she will make those improvements within a reasonable time. The developer may construct the project in such phases as the Village Board approves, which approval may not be unreasonably withheld. If the project will be constructed in phases, the amount of any surety bond or other security required by the Village Board shall be limited to the phase of the project that is currently being constructed. The Village may not require that the developer provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements.
(c)
The Village may require as a condition for accepting the dedication of public streets, alleys or other ways, or for permitting private streets, alleys or other ways, or for permitting private streets, alleys or other public ways to be placed on the Official Map, that designated facilities shall have been previously provided without cost to Village specifications and under Village inspection, such as, without limitation because of enumeration, sewerage, water mains and laterals, stormwater management or treatment facilities, grading and improvement of streets, alleys, sidewalks and other public ways, streetlighting or other facilities designated by the Village Board, or that a specified portion of such costs shall be paid in advance as provided in Section 66.0709, Wis. Stats.
(d)
The Village may require as a condition of approval that the developer be responsible for the cost of any necessary alterations of any existing utilities which, by virtue of the platting or certified survey map, fall within the public right-of-way.
(e)
The Village may require as a condition of approval the dedication of easements by the developer for the purpose of assuring the unobstructed flow of solar or wind energy across adjacent lots in the subdivision.
(f)
The Village shall not condition approval upon compliance with any requirements other than those specified in this section.
(2)
Exceptions. This chapter shall not apply to:
(a)
Transfers of interest in land by will or pursuant to court order.
(b)
Leases for a term not to exceed ten (10) years, mortgages or easements.
(c)
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 this chapter or other applicable laws or ordinances.
(3)
Compliance; issuance of permits. The Village of Belleville shall not recognize, and no building or other permits shall be issued by the Village authorizing, the building on, occupancy, or improvement of any parcel of land not on record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully complied with and a resolution approving the land division has been adopted by the Village Board.
(4)
Applicability to condominiums. This chapter is expressly applicable to condominium developments within the Village's jurisdiction, pursuant to Section 703.27(1), Wis. Stats. For purposes of this chapter, a condominium unit and any associated limited common elements shall be deemed to be equivalent to a lot or parcel created by the act of subdivision.
Whenever a lot or parcel of land to be divided as a subdivision or as a land division contains all or in part a street, highway, greenway, watercourse, or a drainageway or utility easement designated in the Comprehensive Plan or Official Map, said public way shall be platted and dedicated by the subdivider in the location and width indicated along with all other streets.
(1)
Dedication. The developer shall dedicate sufficient land area to provide adequate park, playground, recreation and open space to meet the needs to be created by and to be provided for the land division, subdivision or comprehensive development. The minimum dedication shall be:
(a)
One thousand eight hundred (1,800) square feet per residential unit for all single-family and duplex development;
(b)
Twelve hundred fifty (1,250) square feet per residential unit for all multifamily development;
(c)
Four percent (4%) of the total acreage intended for commercial or industrial purposes.
(2)
Combination of residential uses. Where a combination of residential and/or commercial uses is intended, the minimum dedication shall be the sum obtained by adding the dedication requirements for each intended use as described in Section 15.016(1). Where a definite commitment is made to the Village by the developer with respect to those portions of the total acreage intended for single-family, duplex, multifamily and commercial development, the dedication shall be based upon the maximum dedications which the zoning classification of the parcel will permit.
(3)
Minimum size of park and playground dedications.
(a)
In general, land reserved for recreation purposes shall have an area of at least two (2) acres. Where the amount of land to be dedicated is less than two (2) acres, the Parks, Recreation and Forestry Committee or Plan Commission may require that the recreation area be located at a suitable place on the edge of the proposed land division, subdivision or comprehensive development so that additional land may be added at such time that the adjacent land is subdivided. In no case shall an area of less than one (1) acre be reserved for recreational purposes if it will be impractical or impossible to secure additional land to increase its area.
(b)
Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or for other recreation purposes, and shall be relatively level and dry.
(4)
Fees in lieu of land dedication.
(a)
Where there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the Village’s Comprehensive Outdoor Recreation Plan or Comprehensive Plan, the minimum size under Section 15.016(3) cannot be met, or Village officials determine that a cash contribution would better serve the public interest, the Plan Commission shall require the subdivider to contribute a park dedication fee in lieu of land. The fees collected shall be held in a special revenue fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities. The total fee shall be computed based on the maximum residential use of each parcel permitted in the zoning district under the Zoning Code. For each proposed residential development, the fee shall be adopted by Resolution of the Village Board. The fee shall be paid to the Village at the time of final plat or certified survey approval. If the development of a subdivision is to be done in phases, payment for fees in lieu of land shall be paid in phases prior to the construction of improvements in each phase.
(b)
The Plan Commission may, in its sole discretion, permit the subdivider to satisfy the requirements of this Section by combining a land dedication with a fee payment. If a land dedication of twenty-five percent (25%) of the required dedication is made, the subdivider shall also contribute an amount equal to seventy-five percent (75%) of the required per unit fee in lieu of land. If a land dedication of fifty percent (50%) of the required dedication is made, the subdivider shall also contribute an amount equal to fifty percent (50%) of the required per unit fee in lieu of land. If a land dedication of seventy-five percent (75%) of the required dedication is made, the subdivider shall also contribute an amount equal to twenty-five percent (25%) of the required per unit fee in lieu of land.
(c)
Funds generated by this section shall go into a designated park fund to be used by the Village for public park purposes.
(5)
Park development fee. In addition, at the time a building permit is issued for new construction of residential units, a one (1) time fee shall be assessed and paid as a special charge for park development on a per-unit basis. This fee shall be adopted by Resolution of the Village Board and administered pursuant to Section 66.0617, Wis. Stats.
(a)
This fee shall not apply to commercial/industrial property.
(6)
Limitations. A subdivider shall not be required to dedicate more than one-third (1/3) of the total area of the plat to meet the objectives of this Section.
(7)
Suitability of lands. The Plan Commission shall have sole authority to determine the suitability and adequacy of park lands proposed for dedication. Drainageways, wetlands or areas reserved for streets shall not be considered as satisfying land dedication requirements.
(8)
Deeded to the Village. Land dedicated for public purposes shall be deeded to the Village at the time the Final Plat is approved.
(9)
Access to dedicated land. All dedicated land shall have frontage on a public street and shall have unrestricted public access of twenty (20) feet in minimum width with a five-foot walkway and one (1) eight-foot paved entrance.
(1)
When parklands are dedicated to the Village, the subdivider is required to:
(a)
Properly grade and contour for proper drainage.
(b)
Provide surface contour suitable for anticipated use of area as approved by the Village Engineer.
(c)
Cover areas to be seeded with a minimum of six (6) inches of quality topsoil, seeded as specified by the Director of Public Works, fertilized with 16-6-6 or 10-10-10 at a rate of seven (7) pounds per one thousand (1,000) square feet, and mulched, as specified in the Standard Specifications for Road and Bridge Construction, Sections 627 and 629. The topsoil furnished for the park site shall consist of the natural loam, sandy loam, silt loam, silty clay loam or clay loam humus-bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one (1) year following issuance of the first building permit within that land division unless otherwise authorized by the Village. The improved area shall not be deemed officially accepted until a uniform grass cover to a two (2)-inch height has been established. It shall be the responsibility of the subdivider to maintain the area until the Village accepts the dedication.
(2)
It shall be the responsibility of the Village to maintain the dedicated areas upon their dedication and acceptance by the Village.
(3)
All park areas shall be provided by the developer with a minimum one and one-half (1½) water service and at least one (1) four (4)-inch sanitary sewer lateral, all located at the street property line. In addition, any park over five (5) acres shall be provided with at least one (1) fire hydrant.
(4)
The Village Board may require certification of compliance with this section by the subdivider. The cost of such report shall be paid by the subdivider.
(5)
If the subdivider fails to satisfy the requirements of this section, the Village Board may contract said completion and bill such costs to the subdivider, following a public hearing and written notice to the subdivider of noncompliance. Failure to pay such costs may result in the immediate withholding of all building permits until such costs are paid.
(6)
The subdivider shall pay all costs of public improvements in the public streets adjacent to or within all public lands.
Whenever a parcel of land to be divided as a subdivision or as a land division contains all or in part a site for a park or playground which has been designated on the Comprehensive Plan, and the area of which is in excess of the amount of land required to be dedicated in Section 15.017 above, or a school site, or other public site which has been designated on the Comprehensive Plan, such park, playground, school site or public site shall be reserved for purchase by the Village for a period of two (2) years from the date of approval of the final plat unless extended by mutual agreement.
(1)
No land shall be divided or subdivided for a use which is held unsuitable by the Village for reason of flooding or potential flooding, soil limitations, inadequate drainage, incompatible surrounding land use, 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.
(2)
The subdivider shall furnish such maps, data and information as may be necessary to make a determination of land suitability. In addition to the data required to be submitted with the preliminary plat, the subdivider may be required to submit some or all the following additional information for development located in an area where flooding or potential flooding may be a hazard:
(a)
Two (2) maps prepared by a registered land surveyor or engineer which accurately locate the proposed development with respect to floodplain zoning district limits, if present, channel or stream fill limits and elevations, and floodproofing measures taken or proposed to be taken.
(b)
Two (2) copies of a typical valley cross-section showing the channel or the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high-water information.
(c)
Two (2) copies of a profile showing the slope of the bottom of the channel or flowline of the stream.
(d)
Such other data as may be required.
(3)
The subdivider may, as a part of the preapplication procedures, request a determination of land suitability, provided he or she shall provide all necessary maps, data and information for such a determination to be made at that time.
(4)
After referral from the Village Board, should the Plan Commission determine that the land is unsuitable for the intended use or development, it shall state its reasons, in writing, to the subdivider and make its recommendation to the Village Board.
(5)
When a proposed subdivision is located in an area where flooding or potential flooding may be a hazard, the Plan Commission may transmit to the Wisconsin Department of Natural Resources one (1) set of the information required and shall request that Department to provide technical assistance in determining whether the land is suitable or unsuitable for the use proposed (refer to Chapter 13, Floodplain Zoning).
(1)
A preliminary plat or final plat shall not be approved unless the Plan Commission and the Village Board determine that adequate public facilities and public services are available to meet the needs of the proposed subdivision.
(2)
The applicant shall furnish any data requested by the Village Board, or its designee, who shall transmit this information to the appropriate commission(s) and committee(s) for review and shall act as coordinator of their reports to the Plan Commission and Village Board on the adequacy of water, sanitary and storm sewers, fire, police and emergency medical services, parks and open space and recreation facilities, transportation facilities and schools.
(1)
Purpose.
(a)
The Village Board hereby finds that certain issues arise in condominium developments that require limited applicability of this chapter to condominium developments. The State Legislature has recognized that subdivision ordinances may apply to condominiums but that subdivision ordinances shall not impose burdens upon condominiums that are different from those imposed on other properties of a similar character not subject to a declaration of condominium.
(b)
The factor that makes this chapter applicable to a condominium development is the creation of multiple, distinct property entities at or near the ground surface, subject to property taxation as separate parcels, with each property entity having different ownership and management. The Village of Belleville determines that this factor makes a condominium development dissimilar, both physically and in ownership, from developments in which the land and improvements are under unitary ownership, management and control.
(c)
Thus, the Village Board hereby finds that new condominium developments can place impacts on community resources in the same manner as other new developments which are characterized by division of land into lots. These impacts include:
1.
Additional population density.
2.
Possibility of using land in a manner unsuitable to the land's characteristics.
3.
Additional demands upon Village-area parks, recreation areas, utility facilities and schools.
4.
Additional traffic and street use.
5.
Additional flow for water and sewer utilities.
6.
Additional demands upon Village emergency services, public works, and administrative staff.
(2)
Portions of chapter applicable to condominium developments. The following sections of this chapter shall apply to condominium developments:
(b)
Section 15.032 relating to preliminary plat approval. This stage of approval shall be the only approval required for condominium development. The technical requirements for preliminary plats set forth in Section 15.041 shall not apply, since condominiums have separate technical standards set forth in Chapter 703, Wis. Stats.
(d)
Section 15.060 relating to required improvements.
(e)
Section 15.050 relating to design standards for improvements.
(3)
Exceptions. This section shall not apply to the following condominiums: