The Building Inspector shall cause the Village to establish the grade level of the street or public way, storm sewer and sanitary sewer serving such property on which construction is proposed prior to issuing a building permit for construction of improvements on the property.
The Building Inspector shall require that all plans submitted with the application for a building permit for the construction of a residence or other building show the difference in elevation between the basement floor, or foundation floor in the event there is no basement, and the street or public way, storm sewer and sanitary sewer serving such property and likewise the difference in elevation between the top of the basement wall or foundation wall and such street or public way, storm sewer and sanitary sewer.
The Building Inspector shall not issue a permit for the proposed construction unless it shall appear from the application and the grade levels indicated thereon that the proposed construction shall permit proper drainage by the storm sewer and sanitary sewer and adequate serving of the property by the street or public way serving such property at the grades established therefor.
Any person who shall feel aggrieved by action of the Building Inspector in denying a building permit on the basis of the provisions of this section may appeal to the Board of Appeals.
The Village, being an almost completely developed community of single-family residences, wishing to preserve its character of fine homes and generous open spaces, declares that further division of properties within its boundaries is not in the public interest unless an owner wishing to divide property can demonstrate to the Village that the proposed division and development will not result in unreasonable traffic problems or safety hazards, will impose no impediments to the provision of municipal services, will provide adequate access to public streets and will not be unreasonably detrimental to neighboring properties or the Village by adversely affecting existing structures, significantly reducing open spaces or detracting from the aesthetic desirability of the neighborhood. Therefore, no platted or unplatted parcel of land shall be divided except in those cases where the owner thereof, following the platting procedures set forth in this article, obtains the approval of the Village Board to do so.
Platting procedure used in this section means submission of:
A certified survey map meeting all the requirements of § 236.34, Wis. Stats.
Preliminary architectural plans and site development plans governing future use of each proposed lot, review of such submission and recommendation by a land planning adviser, review and recommendation by the Village Plan Commission after public hearing and approval by the Village Board after review of the recommendation and proceedings of the Village Plan Commission.
The Village Board or other public body or officer of the Village having final authority thereon shall refer to the Plan Commission for its consideration and report before final action is taken by the Board, public body or officer the following matters: the location and architectural design of any public building; the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public way, park, playground, airport, area for parking vehicles or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility, whether publicly or privately owned; all plats of land in the Village or within the territory over which the Village is given platting jurisdiction by Ch. 236, Wis. Stats.; the location, character or extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion; and the amendment or repeal of any ordinance adopted pursuant to § 62.23, Wis. Stats. Unless such report is made within 30 days or such longer period as may be stipulated by the Village Board, the Board or other public body or officer may take final action without it.
Fees will be as approved by the Village Board and on file with the Village Clerk-Treasurer.
No land division shall be approved by the Village Board unless it determines that:
The proposed parcels comply with all the requirements of this chapter.
The proposed division does not present any unreasonable traffic problems or safety hazards.
The proposed parcels do not present any unreasonable impediments to the provision of municipal services.
The proposed division (and the existence of structures, assuming the unimproved parcels to be created are built in accordance with the submitted plans) would not be unreasonably detrimental to the neighboring properties or the Village either by:
Causing an adverse impact on existing structures in terms of change in the balance between the mass of existing structures and the size of the parcels on which existing structures would be located if the division were approved, regardless of whether the proposed division meets the minimum lot size requirements of this chapter; or
Significantly reducing the open space characteristics or otherwise unreasonably detracting from the aesthetic desirability of the neighborhood involved.
The resulting lots of a parcel being proposed to be subdivided must be no smaller in square footage than required by the applicable zoning and must be within 10% of the average size of existing nearby lots. Lots to be measured for average are those within two tiers of lots in all directions of the proposed subdivision. The Plan Commission shall determine the exact lots to be utilized to determine an average lot size.
In the "B" Residence District, if two or more existing lots or parcels are proposed to be consolidated, any new lot(s) shall be no greater in width than 100 feet as measured at the street right-of-way. Also, applicable side yard setback requirements shall increase three inches for each foot such proposed lot is wider than the smaller of the initial lots being proposed to be consolidated.
A land planning adviser shall be an individual retained by the Village, who is qualified in municipal land planning matters, to make recommendation to the Village regarding proposed lot divisions. The retainer may be on a term or transaction basis as the Village Board may, from time to time, determine appropriate.
Editor’s Note: Former Subsection D, requiring a three-fourths majority for Board approval of a land division which is opposed by more than 50% of property owners within 300 feet of the proposed property, was repealed 3-14-2017. This ordinance also provided for the renumbering of former Subsections E through H as Subsections D through G, respectively.
No building permit shall be issued for construction on sites created in violation hereof, nor shall any permit be issued for construction on an approved divided lot which varies from the plans submitted at the time of approval for division unless the Village Board, after receiving the recommendation of the Plan Commission, shall approve such plan variance. The criteria set forth in Subsection A above shall be utilized by the Board in determining whether a plan variance shall be permitted.
The provisions of this section shall not apply to transfers of interests in land pursuant to court order, leases for a term of not to exceed 10 years, mortgages or easements, or 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 size requirements of this chapter.
At the time the application for a lot division or plan variance is filed, the applicant shall pay a fee as established by the Village Board and filed with the Village Clerk-Treasurer.
Any development, redevelopment, renovation, remodeling, or other physical alteration of site or structures within the Wisconsin Department of Natural Resources (DNR) shoreland setback area shall meet all state requirements and Village objectives as stated in the Comprehensive Plan. Shoreland stabilization shall use compatible and complementary materials. These restrictions are in addition to all other applicable parts of this chapter. Where any regulatory statements are in conflict, the more restrictive standards shall apply.
All proposed projects within this area shall be subject to professional review and recommendation to the Building Board.
All proposed development, redevelopment, renovation, remodeling, or other physical alteration of site or structures within the Village shall be along and accessed by public rights-of-way. The front or street side yard along a public right-of-way shall be required to be at least 80% of the maximum width of the lot. Irregular or flag lots are not permitted. New private streets that serve more than one parcel are not permitted. These restrictions shall except current nonconforming residential parcels, which may continue as a legal nonconforming use until such time as the use changes. This restriction is in addition to all other applicable parts of this chapter. Where any regulatory statements are in conflict, the more restrictive standard shall apply.
All driveway entrances and other openings onto streets within the Village shall be constructed so that vehicles can enter and exit from the lot without posing any substantial danger to themselves, pedestrians, or vehicles traveling in abutting streets. Interference with the free and convenient flow of traffic in abutting or surrounding streets shall be minimized.
Public street safety standards.
Street rights-of-way are designed and developed to carry vehicular traffic and, in some cases, allow on-street parking, provide a safe and convenient passageway for pedestrian traffic, and serve as an important component of the Village drainage system.
Public streets shall be maintained to a minimum pavement width of 24 feet except in special circumstance as determined by the Village Board. In no case shall a public street have less than a twenty-two-foot pavement width.
Private street standards.
A private street shall be defined as a nonpublic roadway serving more than one residence. Private streets shall have a minimum pavement width corridor of 10 feet with an additional three feet on each side which is free of any obstructions or have a minimum pavement width corridor of 12 feet. There shall be a turnaround area of 50 by 50 feet.
The minimum pavement width corridor of a private street shall be maintained free and clear at all times and have a vertical clearance of at least 10 feet. No parking shall be permitted within the minimum width corridor. The entrance to a private street from a public street shall be flared to provide adequate space for emergency vehicles turning onto the private street.
Driveway requirements. A driveway shall be defined as a vehicular accessway between the main building, garage, or parking area and a common roadway. Driveways shall be hard surfaced, have a minimum pavement width corridor of 10 feet with an additional three feet on each side which is free of any obstructions, or have a minimum pavement corridor of 12 feet. A driveway shall not be more than 20 feet in width in any part of the lot except for the direct path from the garage or primary parking space to the street. Driveways cannot be closer than two feet to a side or rear lot line where a garage is located in a rear yard.