The jurisdiction of chapter shall include all
lands and waters within the corporate limits of the Village of Johnson
Creek and those lands within the extraterritorial jurisdiction of
the Village of Johnson Creek as established in §§ 61.35,
62.23(2) and 236.10, Wis. Stats. The provisions of this chapter as
it applies to divisions of tracts of land into fewer than five parcels
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 10 years, mortgages
or easements.
C. 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, the Zoning Ordinance, or other applicable laws or
ordinances.
D. Cemetery plats made under § 157.07, Wis.
Stats.
E. Assessors' plats made under § 70.27, Wis.
Stats., but such assessors' plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person, firm or corporation shall divide
any land located within the jurisdictional limits of this chapter
so that such division results in a subdivision, minor land division,
or replat as defined herein; no such subdivision, minor land division
or replat shall be entitled to recording; and no street shall be laid
out or improvements made to land without compliance with all requirements
of this chapter and the following documents:
A. Provisions of Ch. 236, Wis. Stats.
B. Rules of the Wisconsin Department of Commerce regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.
C. Rules of the Wisconsin Department of Transportation
relating to safety of access and the preservation of the public interest
and investment in the highway system if the land owned or controlled
by the subdivider abuts on a state trunk highway or connecting street.
D. Rules of the Wisconsin Department of Natural Resources
setting water quality standards, preventing and abating pollution,
and regulating development within floodland, wetland, and shoreland
areas.
E. Duly approved Comprehensive Master Plan or Comprehensive
Master Plan components of the Village of Johnson Creek.
F. The Village of Johnson Creek Zoning Ordinance and
all other applicable local and county ordinances.
Before final approval of any plat or certified
survey map located within the jurisdictional limits of this chapter,
the subdivider shall install street, utility and other public improvements
as hereinafter provided. If such improvements are not installed as
required at the time that the final plat or certified survey map is
submitted for approval, the subdivider shall, before recording of
the final plat or certified survey map, enter into a contract with
the Village of Johnson Creek agreeing to install the required improvements
and shall file with said contract a letter of credit, cash or certified
check meeting the approval of the Village Attorney in an amount equal
to the estimated cost of the improvements, said estimate to be made
by the Village Engineer and the Village Board, as a guarantee that
such improvements will be completed by the subdivider or his subcontractors
not later than one year from the date of recording of the plat and
as a further guarantee that all obligations to subcontractors for
work on the development are satisfied. In addition:
A. Contracts and contract specifications for the construction
of street and utility improvements on dedicated street rights-of-way,
as well as the contractors and subcontractors who are to be engaged
in the construction of street and utility improvements on dedicated
street rights-of-way, shall be subject to the review and approval
of the Village Engineer.
B. Governmental units to which these bonds and contract
provisions apply may file, in lieu of said contract and bond, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section.
C. Survey monuments. Before final approval of any plat
within the corporate limits of the Village of Johnson Creek or its
extraterritorial jurisdictional limits, the subdivider shall install
survey monuments placed in accordance with the requirements of § 236.15,
Wis. Stats., and as may be required by the Village Engineer.
D. Plats outside the corporate limits. Before final approval
of the Village of Johnson Creek of any plat or certified survey map
located outside the corporate limits of the Village of Johnson Creek
but within the plat approval jurisdiction of the Village of Johnson
Creek, the subdivider shall give evidence that he has complied with
all street and utility improvements of the town in which the land
being platted is located.
E. The Village of Johnson Creek Plan Commission may waive
the placing of monuments, required under § 236.15(1)(b),
(c) and (d), Wis. Stats., for a reasonable time on condition that
the subdivider execute a surety bond to insure the placing of such
monuments within the time required.
F. The subdivider shall pay and reimburse the Village
of Johnson Creek in advance of signing the subdivider's agreement
all fees, expenses and disbursements which are incurred by the Village
of Johnson Creek and shall pay and reimburse the Village of Johnson
Creek for, without limitation by reason of enumeration, design; engineering;
preparing, checking and review of designs, plans and specifications;
supervision; inspection to ensure that construction is in compliance
with the applicable plans, specifications, regulations and ordinances;
and legal, administrative and fiscal work undertaken to assure and
implement such compliance.
No land shall be subdivided as a plat or certified
survey map which is determined to be unsuitable for such a use by
the Village of Johnson Creek Plan Commission, upon the recommendation
of the Village Engineer or any other agency as determined by the Village
of Johnson Creek Plan Commission, for reason of flooding, inadequate
drainage, adverse soil or rock formations with severe limitations
for development, severe erosion potential, unfavorable topography,
inadequate water supply or sewage disposal capabilities, 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 Village
of Johnson Creek. In addition:
A. Floodlands.
(1) No lot served by public sanitary sewerage facilities
shall have less than its required lot area, as specified in the zoning
district regulations, below the elevation of the one-hundred-year
recurrence interval flood, or, where such data is not available, the
elevation shall be determined by a registered professional engineer
and the sealed documents shall be approved by the Village Engineer.
(2) For planned unit development projects served by public
sanitary sewerage facilities, no lot shall have less than the average
lot area, as specified by the Plan Commission, below the elevation
of the one-hundred-year recurrence interval flood, or, where such
data is not available, the elevation shall be determined by a registered
professional engineer and the sealed documents shall be approved by
the Village Engineer.
B. The Plan Commission, 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 residential
use and afford the subdivider an opportunity to present evidence in
rebuttal to such finding of unsuitability if he so desires. Thereafter
the Village of Johnson Creek Plan Commission may affirm, modify, or
withdraw its determination of unsuitability.
It shall be unlawful to obstruct the flow of
surface water contrary to an approved stormwater and drainage plan
so as to prevent surface water from reaching a storm sewer or drainage
channel without interim ponding, except as provided in an approved
stormwater and drainage plan.
This chapter shall be administered by the Village
of Johnson Creek Administrator or his designee. The Village of Johnson
Creek Administrator, in the administration of this chapter, shall:
A. Receive plats and certified survey maps from the subdivider.
The Village of Johnson Creek Administrator shall distribute copies
of plats and certified survey maps as provided for in this chapter
and shall receive review comments from review agencies, boards, and
committees required to comment on such land division.
B. Advise the subdivider of all recommendations made
by the Village of Johnson Creek Plan Commission and actions taken
by the Village Board.
C. Maintain records of plat and certified survey map
filings, approvals, fees paid, and other sureties.
D. Determine that all land divisions within the jurisdiction
of this chapter requiring review by this chapter have secured the
necessary review and approvals.
E. Assist the Village Attorney in the prosecution of
chapter violations.
Any person, firm or corporation who or which violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit an amount as provided in Chapter
60, Penalties, 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 until payment thereof, but not exceeding six months; provided, however, that the maximum forfeiture where a violation of any provision of this chapter is also a violation of a state statute shall not exceed the maximum fine imposed by the statute. In addition, the Village of Johnson Creek may seek injunctive relief or other appropriate remedial action and, in addition to the forfeiture, may order an assessor's plat to be made under § 70.27, Wis. Stats., at the expense of the subdivider or his agent, when a subdivision is created by successive divisions of land. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include the following:
A. Recordation improperly made carries penalties as provided
in § 236.30, Wis. Stats.
B. Conveyance of lots in unrecorded plats carries penalties
as provided for in § 236.31, Wis. Stats.
C. Monuments disturbed or not placed carries penalties
as provided for in § 236.32, Wis. Stats.
Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal therefrom, as provided in
§ 236.13(5), Wis. Stats., within 30 days of notification
of the rejection of the plat. 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 direct that the plat be
approved if it finds that the action of the approving or objecting
agency is arbitrary, unreasonable or discriminatory.