In accordance with the authority granted by § 236.45, Wis.
Stats., and for the purposes listed in §§ 236.01 and 236.45(1),
Wis. Stats., the provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity and general
welfare of the Village. However, this chapter shall not repeal, impair or
modify private covenants or public ordinances, except that it shall apply
whenever it imposes stricter regulations on land use.
As used in this chapter, the following terms shall have the meanings
indicated:
ALLEY
A public or private right-of-way shown on a subdivision map or plat
which provides secondary access to a lot, block or parcel of land.
COLLECTOR STREET
A street designed and used as an intermediate public thoroughfare,
collecting traffic from minor street and channeling it to arterial streets.
DEVELOPED AREA
Land within the corporate limits of the Village which is, at the
time a division of land is created, served by or physically and legally capable
of being served by municipal sewer and water service, electrical service,
the mains or lines whereof have been previously extended to or adjacent to
the land in question, and is so located adjacent to improved public streets
and, where required, sidewalks.
DIVISION
The act of splitting the legal description of a lot, parcel or tract
of land into two or more lots, parcels or tracts of land, whether by means
of a deed, certified survey map or plat.
LOT
All units of land legally described, whether referred to as a lot,
parcel or tract of land, having frontage on a public street, intended to be
used as a unit for the purpose, whether immediate or in the future, or transfer
of ownership or building development and use.
STREET
A public way or thoroughfare dedicated to the public and set forth
on the face of a subdivision mat or plat subject to this chapter.
SUBDIVISION
Includes any division of a lot, parcel or tract of land by the owner
or his or her agent for the purpose of sale or building development where:
A.
The act of division creates two or more parcels or building sites of
10 acres or less each.
B.
Two or more parcels or building sites of 10 acres or less each are created
by successive divisions within a five-year period.
The provisions of 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 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.
D. A division of a parcel, lot or tract of land in a developed
area of the Village where each created and existing , reduced in size parcel,
lot or tract is served by municipal sewer and water at the time of division.
No division of land within the Village or within its extraterritorial
jurisdiction shall be permitted if it results in a subdivision, unless a plat
of the subdivision is submitted and approved in accordance with this chapter
and Ch. 236, Wis. Stats.
No subdivision shall be approved which does not conform to Chapter
300, Zoning, of the Village Code and the Comprehensive Plan of the Village, either within the Village limits or in its extraterritorial planning area.
Where the Planning Commission finds strict compliance with these regulations
shall not accomplish the purposes of the Village subdivision chapter or shall
result in expenses or physical layout requirements inordinate to the scope
of the proposed subdivision, it shall recommend to the Board such exceptions
to the chapter so that substantial justice shall be done and the public interest
secured, provided that such exceptions shall not have the effect of nullifying
the intent and purpose of this chapter, and provided that the Planning Commission
shall not recommend exceptions to the regulations of this chapter unless it
makes findings based upon the evidence presented to it in each specific case
that:
A. The granting of the exception shall not be detrimental
to the public safety, health or welfare or injurious to other property or
improvements in the neighborhood in which the subdivision is located.
B. The conditions upon which the request for an exception
is based are unique to the subdivision or the individual lot therein for which
the exception is sought and are not applicable, generally, to other property
in the Village.
C. Because of the particular physical surroundings, shape
or topographical conditions of the specific subdivision or the individual
lot therein involved, a hardship to the owner would result if the strict letter
of the regulations were enforced. For purposes of this section, hardship shall
not include economic factors personal to the subdivider or his/her successors
in interest. It shall be limited to physical inability to use the property
in question to purposes permissible in the zoning district in which the subdivision
is situated.
If, pursuant to the terms of this chapter, a development agreement is
required to be executed by the subdivider, or if in order to comply with terms
and conditions of a conditional use permit or to meet requirements resulting
from a rezoning certain obligations are imposed upon the subdivider, the subdivider
shall be required to execute a development agreement which shall be drafted
in such a form as to fulfill the objectives or standards of the Village. Such
an agreement may include, but shall not be limited to, terms and conditions
such as the timing of performance or installation of improvements, the posting
of adequate performance bonds, penalties for nonperformance and the quality
or quantity of materials or supplies to be incorporated in required improvements.
The failure or refusal of a subdivider to execute such an agreement shall
constitute grounds for denial of or cessation of processing of a subdivision
application under this chapter.
The Building Inspector or his or her designated representative shall
see that the provisions of this chapter are enforced. No land use permit shall
be issued for construction on any lot until the final plat for the subdivision
has been duly recorded or a certified survey map is recorded.
In designing a subdivision, the subdivider shall comply with all applicable
state and federal rules and regulations. Failure to do so shall constitute
grounds for refusal to grant final approval of plat.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter
1, §
1-4 of this Code.