This chapter is adopted to promote the public health, safety and general welfare; lessen congestion in the streets and highways; further the orderly layout and use of land; secure safety from fire, panic and other dangers; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitate adequate and economical provision for transportation, water, sewerage, schools, parks, playgrounds and other public requirements; ensure proper legal description and proper monumenting of land subdivided; and facilitate the further resubdivision of larger tracts into smaller parcels of land; and because today's subdivision of land forms the basic physical pattern of the community to which the future community will of necessity adhere.
[Amended 1-10-2011 by Ord. No. 561]
This chapter is adopted pursuant to Wis. Stats. Ch. 236, relating to platting lands and recording and vacating plats, and specifically to Wis. Stats. § 236.45, relating to local subdivision control, which allows the Village to enact ordinances governing the subdivision or other division of land that are more restrictive than the provisions of Wis. Stats. Ch. 236. Pursuant to Wis. Stats. § 236.45(2)(ac), no provision of this chapter shall be interpreted to modify in a more restrictive way time limits, deadlines, notice requirements, or other provisions of Wis. Stats. Ch. 236 that provide protections for a subdivider.
[Amended 3-22-2004 by Ord. No. 445; 1-10-2011 by Ord. No. 561; 3-13-2017 by Ord. No. 650]
The provisions of this chapter are supplemental to Wis. Stats. Ch. 236, which is adopted by reference and incorporated herein as though set forth in full, and shall apply to land divisions hereafter made, except insofar as it relates to the following divisions of less than five parcels:
Transfers of interests in land by will or pursuant to court order;
Leases for a term not to exceed 10 years, mortgages or easements;
Every owner of land, or agent of an owner of land, shall obtain the approval of the Village Board, upon recommendation of the Plan Commission, for any land division not specifically excepted herein, within the Village limits of the Village of Waterford.
Every owner of land, or agent of an owner of land, shall obtain the approval of the Village Board, upon recommendation of the Plan Commission, for any land division by certified survey map, as provided by Wis. Stats. § 236.34(1), or plat, as provided by Wis. Stats. § 236.10(1), within the extraterritorial plat approval jurisdiction of the Village of Waterford. The Village may not deny approval of a plat or certified survey map on the basis of the proposed use of land within the extraterritorial plat approval jurisdiction, unless the denial is based on the provisions of §§ 245-100 through 245-107 of this Code, the Extraterritorial Zoning District.
Where no plat is required by Wis. Stats. Ch. 236, land shall be divided by certified survey map, meeting the requirements of Wis. Stats. § 236.34, as set forth in § 235-16 or 235-17. Under certain circumstances, land may be divided by expanded CSM as set forth in § 235-16.1. Unless excepted herein, land shall not be divided by metes and bounds description.
Where the requirements of Wis. Stats. Ch. 236 and this chapter conflict, the provisions of Wis. Stats. Ch. 236 shall prevail unless the authority to vary from the statute is granted therein.
[Amended 3-22-2004 by Ord. No. 445]
The requirements provided in this chapter for the development and design of land being divided shall be considered minimum requirements.
In the interpretation and enforcement of this chapter, the following definitions shall apply:
- A public way which affords a secondary means of access to abutting property.
- CERTIFIED SURVEY MAP (CSM)
- A survey and map of not more than four parcels of land consisting
of lots or outlots, meeting the requirements of Wis. Stats. § 236.34,
prepared by a professional land surveyor.[Added 3-22-2004 by Ord. No. 445; amended 3-13-2017 by Ord. No. 650]
- CERTIFIED SURVEY MAP, EXPANDED (expanded CSM)
- A survey and map meeting the requirements of Wis. Stats. § 236.34(1)(ar). An expanded CSM, or a series of expanded CSMs, may be used for certain land divisions that would otherwise require subdivision plats as set forth in § 235-16.1. [Added 3-13-2017 by Ord. No. 650]
- The land set aside over which a liberty, privilege or advantage in such land, without profit and distinct from the ownership of the land, is granted to the public or to some particular person or part of the public.
- LAND DIVISION
- A division of a lot, tract or parcel of land into two or
more lots, tracts or parcels of land, or the recombination of two
or more existing lots into a new configuration.[Added 3-22-2004 by Ord. No. 445]
- LOT, BUTT
- A lot the rear lot line of which abuts the side lot line of another lot platted in the same block and not separated therefrom by an alley or other open space.
- LOT WIDTH
- The width of the lot measured at the setback line.
- MASTER PLAN OF STREETS
- The plan represented by the following:
- Includes the plural as well as the singular, and may mean a natural person, firm, association, partnership, limited-liability company, private corporation, public or quasi-public corporation or a combination of any of them.
- PEDESTRIAN WAY
- A public walk or crosswalk used exclusively by pedestrians and/or as a public right-of-way for utilities.
- PLAT, FINAL
- A map of a subdivision which has been accurately surveyed and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified.
- PLAT, PRELIMINARY
- A map or plan of a proposed subdivision.
- PUBLIC OFF-STREET PARKING AREA AND SERVICE STREET
- An area dedicated or set aside on the plat of a subdivision
for the use of the public for the parking and movement of automotive
vehicles.[Amended 4-23-2007 by Ord. No. 513]
- SETBACK LINE
- A line within a lot or other parcel of land so designated on the plat of the proposed subdivision between which line and the adjacent boundary of the street upon which the lot abuts the erection of an enclosed structure or portion thereof is prohibited.
- STREET, MAJOR
- A street having an established width of 90 feet or more and used and designed primarily for fast or heavy traffic.
- STREET, MINOR
- A street, other than a major or public service street, which affords access to abutting property.
- STREET, PRIVATE
- A private thoroughfare that affords a means of access to
abutting property and includes, but is not limited to, a way for vehicular
traffic, whether designated a street, road, lane, or as otherwise
designated.[Added 1-23-2006 by Ord. No. 489]
- STREET, PUBLIC
- A public thoroughfare which affords a means of access to
abutting property and includes, without limitation by reason of enumeration,
a way for vehicular traffic, whether designated as a street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, lane,
place or however otherwise designated.[Amended 1-23-2006 by Ord. No. 489]
- STREET, PUBLIC SERVICE
- A street paralleling and immediately adjacent to a major street.
- A person, whether owner or owner’s agent, who divides
lot(s), tract(s) or parcel(s) of land, whether by creation of a subdivision,
certified survey map, or expanded certified survey map.[Added 3-13-2017 by Ord. No. 650]
- A land division of one or more lot(s), tract(s) or parcel(s) of land by the owner thereof or the owner’s agent for the purpose of sale or of building development, whether immediate or future, and to which any of the following apply: the land division creates five or more parcels or building sites of 1.5 acres each or less in area, where five or more parcels or building sites of 1.5 acres or less in area are created by successive divisions within a period of five years. Subdivision does not include a division of land into five or more parcels or building sites by a certified survey map in accordance with § 235-16.1.[Amended 3-22-2004 by Ord. No. 445; 3-13-2017 by Ord. No. 650]
- TENTATIVE APPROVAL
- The approval or conditional approval, with or without recommended
alterations given to a subdivision by the Village Plan Commission,
which approval constitutes the necessary authority to proceed with
the preparation and presentation of the land division to the Village
Board.[Amended 3-22-2004 by Ord. No. 445]
- VICINITY SKETCH
- A key map covering not less than a quarter section of land showing the location of the tract being subdivided with reference to a corner or corners established in the United States Public Land Survey.
- ZONING ADMINISTRATOR
- The Village Zoning Administrator appointed by the Village President pursuant to § 245-59 of this Municipal Code.
Editor’s Note: The former definition of “municipal plat,” added 3-22-2004 by Ord. No. 445, was repealed 3-13-2017 by Ord. No. 650.