A.Â
Introduction. In accordance with the authority granted
by §§ 236.13(1)(b) and 236.45, Wis. Stats., and for
the purposes listed in §§ 236.01 and 236.45, Wis. Stats.,
the Village Board of the Village of Mazomanie ordains as follows:
(1)Â
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.
(2)Â
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever
it imposes stricter restrictions on land use.
B.Â
Purpose. The purpose of this chapter is to promote
the public health, safety, convenience and general welfare of the
community. The regulations are designed to lessen congestion in the
highways and streets; to foster the orderly layout and use of land;
to secure safety from fire, panic and other dangers; to provide adequate
light and air, to discourage overcrowding of the land; to facilitate
adequate provision for transportation, public water and sewerage,
schools, parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
The regulations are made with the reasonable consideration of, but
not limited to, the present character of the Village and its environs,
with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry, protecting farming
and open spaces and providing for the most appropriate use of land
in the Village.
C.Â
General considerations. In the design of a subdivision,
land division, planned unit development or certified survey, provision
shall be made for suitable sites of adequate area for schools, parks,
playgrounds, open spaces, drainageways and other public purposes.
Such sites are to be shown on the preliminary plat and final plat
and shall comply with the Village Comprehensive or Master Plan or
component of the plan. Consideration shall be given to the preservation
of scenic and historic sites, stands of trees, marshes, lakes, ponds,
streams, watercourses, watersheds, ravines and woodlands, prairie
and wetlands and plant and animal communities.
It is not intended by this chapter to repeal,
abrogate, annul, impair or interfere with any existing easements,
covenants, agreements, rules, regulations or permits previously adopted
or issued pursuant to law. However, where this chapter imposes greater
restrictions, the provisions of this chapter shall govern.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
and shall be liberally construed in favor of the Village and shall
not be deemed a limitation or repeal of any other power granted by
the Wisconsin Statutes.
This chapter shall be known as, referred to
or cited as the "Village Subdivision Regulation."
As used in this chapter, the following terms
shall have the meanings indicated:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land and to collector and minor streets.
A bike route completely apart from a street and restricted
to bicycle, pedestrian and maintenance vehicle traffic.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A line parallel to a lot line and at a distance from the lot line so as to comply with the yard and setback requirements of Chapter 415, Zoning, or any restriction on the plat which identifies a line on the plat as a building setback line.
A street which collects and distributes internal traffic
within an urban area such as a residential neighborhood, between arterial
and local streets. It provides access to abutting property.
The Plan Commission created by the Village Board pursuant
to §§ 61.35 and 62.23, Wis. Stats.
A comprehensive plan prepared by the Village indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A preliminary drawing, made to approximate scale, of a proposed
land division for discussion purposes.
A real estate development in which a condominium form of
ownership pursuant to Chapter 703, Wis. Stats., is utilized.
Legally merging two or more recorded parcels into a single
parcel.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
A street permanently or temporarily closed at one end, with
or without turnarounds.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for any purpose, including sale or development.
An open area of land, either in an easement or dedicated
right-of-way, the primary purpose of which is to carry stormwater
on the ground surface in lieu of an enclosed storm sewer. Drainageways
may serve multiple purposes in addition to their principal use, including,
but not limited to, maintenance, bicycle and pedestrian traffic, sanitary
sewers, water mains, storm sewers, stormwater detention and other
related uses. Drainageways may also be referred to as "greenways."
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1Â 1/2 miles of a fourth-class
city or a village and within three miles of all other cities.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
An existing street with half of the required right-of-way
width already created, with the intention that the adjoining half
will be platted at the time the adjoining lands are subdivided; or
an existing street of which, due to reasons of ownership, only half
of the right-of-way is within the boundaries of a proposed land division
or annexation.
A person, regardless of sex.
Any sanitary sewer, storm sewer, open channel, stormwater
management facility, water main, street, roadway, park, parkway, public
access, sidewalk, pedestrian way, planting strip or other facility
for which the Village may ultimately assume the responsibility for
maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building
line.
A land division of more than four lots, i.e., plat.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
An extensively developed plan, map or other document pertaining
to planning and adopted by the Village Board or other Village agency
which may pertain to the division of lands, including the Comprehensive
Development Plan, the Official Map, comprehensive utility plans and
other planning documents, including proposals for future land use,
transportation, urban redevelopment and public facilities. Devices
for the implementation of these plans, such as ordinances pertaining
to zoning, official map, land division and building development and
capital improvement plans, shall be considered as planning documents
within this definition.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites, any
one of which is 35 acres in size or less, or the division of a block,
lot or outlet within a recorded subdivision plat into not more than
four parcels or building sites without changing the exterior boundaries
of the block, lot or outlot.
A map indicating the location, width and extent of existing and proposed streets, highways, drainageways, parks, playgrounds and other facilities, as adopted by the Village Board pursuant to Chapter 62, Wis. Stats.
A parcel of land, other than a lot, so designated on a plat
or certified survey, and which is not intended for building or structure
development in the proposed land division.
Includes the plural as well as the singular and may mean
either a natural person, firm, limited-liability company, association,
partnership, private corporation, public or quasi-public corporation
or combination of these, and any party having equitable ownership
arising from offers to purchase or options to purchase.
Contiguous lands under the control of a subdivider whether
or not separated by a combination of streets, exterior subdivision
boundary lines, streams or other water bodies.
Includes the plural as well as the singular and may mean
any individual, firm, association, syndicate, partnership, corporation,
trust or any other legal entity.
A specified area of land comprising one or more contiguous
ownership parcels or building sites for nonresidential uses, and which
area is legally limited by a reciprocal land use agreement and plan
of building placement, reciprocal use of off-street parking facilities
and reciprocal use of ingress and egress facilities for each building,
loading and parking site. A planned commercial site must have a plan
and reciprocal land use agreement approved by the Village recorded
in the office of the Dane County Register of Deeds, a copy of which
is provided to the Village. An approved plan and reciprocal land use
agreement may not be changed without approval by the Village. No portion
of a planned commercial site may include or front on a street, highway,
walkway, parkway or utility route designated in the Master Plan or
Official Map at the time of initial recording unless the designated
facility is in public ownership or easement.
A form of development usually characterized by a unified
site design for a number of housing units. The concept usually involves
clustering of buildings, providing common open space and mixing different
types of housing (single-family, duplexes and multifamily). Ordinances
permitting planned unit developments permit planning a project and
calculating densities for the entire development rather than on an
individual lot-by-lot basis. It is declared that regulating planned
unit developments requires greater involvement of public officials
in site plan review and development aspects of both zoning and land
division regulation because such developments require exceptions from
both types of regulation.
A public way, usually running at right angles to streets,
which is intended for the use of pedestrians only; it may also provide
public right-of-way for utilities.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Village for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Plan Commission
for its consideration as to compliance with the Comprehensive Development
Plan and these regulations, along with required supporting data.
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293,
Wis. Stats., which constitute a restriction on the use of all private
or platted property within a subdivision for the benefit of the public
or property owners and to provide mutual protection against undesirable
aspects of development which would tend to impair stability of values.
Sanitary sewers, stormwater management facilities, water
supply and distribution facilities, streets and electric distribution
facilities.
The process of changing a map or plat which changes the boundaries
of a recorded subdivision plat or part thereof. The legal dividing
of a large block, lot or outlot within a recorded subdivision plat
without changing exterior boundaries of the block, lot or outlot is
not a replat.
A single-family dwelling or part of a duplex, apartment or other multiple-family dwelling occupied by one family or one distinct set of inhabitants or occupants as described in Chapter 415, Zoning.
A public way dedicated to the public for its intended use.
The distance from a property line as defined in Chapter 415, Zoning.
A privately owned driveway serving more than one parcel.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
A concrete surfaced pathway intended primarily for use of
pedestrians.
A public way for pedestrians and vehicular traffic and utility
access, including but not limited to highways, thoroughfares, parkways,
through highways, roads, avenues, boulevards, lanes, places, courts
and any pavements, turf; can include provision for fixtures, facilities,
structures, plantings, signs and other elements of the right-of-way.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having permanent location on the ground, excepting public utility
fixtures and appurtenances.
Any person, firm, corporation, agent, partnership or entity
of any sort which divides or proposes to divide, by plat or certified
survey or replat, land in any manner, including such heirs and assigns
as may be responsible for the obligations of the subdivider under
the provisions of this chapter.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development where:
An irrevocable letter of credit or cash.
That portion of the Village and the area within its extraterritorial
jurisdiction which has been designated by the Village Board as the
area to which services required in urban areas shall be provided in
a planned and orderly process, particularly those facilities which
are placed on or in the land as part of the urban development process.
Such services include, but are not limited to, public sanitary sewerage,
stormwater drainage and management system, water supply and distribution
system, streets and highways, as governed by an overlying governmental
jurisdiction.
The Village of Mazomanie, Dane County, Wisconsin and, where
appropriate, its Village Board, commissions, committees and authorized
officials.
The Village Board of Trustees.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions as defined in Ch.
NR 151, Wis. Admin. Code [§ 23.32(1), Wis. Stats.].
The rules of administrative agencies having rulemaking authority in Wisconsin, published in a loose-leaf, continual revision system, as directed by § 35.93 and Chapter 227, Wis. Stats., including subsequent amendments to those rules.
