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(A) Jurisdiction of those regulations shall include all lands within the corporate limits of the village and those lands within the extraterritorial jurisdiction of the village, as established in Wis. Stats. §§ 62.23(2) and 66.0105.
(B) The provisions of this chapter, as it applies to divisions of tracts of land into fewer than five parcels, shall not apply to the following:
(1) Transfers of interests in land by will or pursuant to court order;
(2) Leases for a term not to exceed ten years, mortgages, or easements;
(3) 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 these regulations, the zoning ordinances, or other applicable laws or ordinances;
(4) Cemetery plats made under Wis. Stats. § 157.07; and
(5) Assessors’ plats made under Wis. Stats. § 70.27, but such assessors’ plats shall comply with Wis. Stats. §§ 236.15(1)(ac) through 236.15(1)(g), 236.20(1), and 236.20(2)(a) through 236.20(2)(e).
(Prior Code, § 18.02)
No person shall divide any land located within the jurisdictional limits of these regulations 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:
(A) Wis. Stats. Chapter 236;
(B) Rules of the state’s 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 state’s 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 state’s 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 plan or area development plans of the village;
(F) The Zoning Code and all other applicable local and county ordinances; and
(G) A developer’s or subdivider’s agreement between the village and the developer or subdivider.
(Prior Code, § 18.02) Penalty, see § 153.999
(A) Streets, highways, and drainageways. Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drainageway, or other public way which has been designated in the Comprehensive Plan, area plan component, or on the Official Map of the village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in §§ 153.073 or by the Official Map, the excess right-of-way shall be reserved for future acquisition by the village.
(B) (1) Public sites and open spaces. In the design of the plat or planned development, due consideration shall be given to the reservation of suitable sites of adequate area for future parks, playgrounds, drainageways, and other village purposes. If designated on the Comprehensive Plan, plan component, or Official Map, such areas shall be made a part of the plat or planned development. Accordingly, each subdivider or developer of residential land in the village shall, at the discretion and direction of the Plan Commission, either reserve public sites and open-space lands designated on the village’s Comprehensive Plan or plan component or, where no public sites or open-space lands are directly involved, pay a public site fee. The Plan Commission shall, at the time of reviewing the preliminary plat, planned development, or certified survey map, select one of the following options and record such selection in the minutes of the meeting at which the preliminary plat, planned development, or certified survey map is presented for approval.
(2) Reservation of site option. Whenever a proposed park, playground, drainageway, or other land designated for village purposes on the village’s Comprehensive Plan or plan component or Office Map is encompassed, all or in part, within a tract of land to be subdivided or developed, the proposed public lands shall be made a part of the plat or development and reserved at the time of final plat approval or site plan approval for a period not to exceed three years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the village and the subdivider or developer shall pay a public site fee at the time of application for final plat or site plan approval at the rate and according to the procedures set forth in division (B)(2) below. If the land is not acquired within the three-year period or the time extended by mutual agreement as set forth herein, the land will be released by the village from reservation to the owner.
(Prior Code, § 18.02)
(A) Before final approval of the final plat, the subdivider shall enter into an agreement with the village to install the required improvements and shall file with the subdivider’s agreement an irrevocable letter of credit, or other appropriate sureties meeting the approval of the Village Attorney, equal to the estimated cost of the improvements. Improvement cost estimates shall be made by the developer, reviewed by the Village Engineer, and approved by the Village Board.
(B) The improvements may be installed after approval of a final plat or certified survey map by the subdivider or his or her subcontractors, but not later than one year from the date of recording of the final plat or as provided in the subdivider’s agreement.
(C) The subdivider’s agreement shall specify a completion date for all improvements. In addition:
(1) Plans and specifications for all improvements shall be reviewed and approved by the Village Engineer, in writing, prior to commencement of construction. The subdivider may submit an interim final plat with the improvement plans; however, review and approval of a final plat shall not be initiated until the improvement plans have been reviewed and approved and until the subdivider’s agreement has been fully executed;
(2) 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 providing such work, shall be subject to the prior written approval of the Village Engineer in accordance with village standards and specifications;
(3) Governmental units to which these bond 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;
(4) Before final approval of any plat within the village or its extraterritorial jurisdictional limits, the subdivider shall install survey monuments placed in accordance with the requirements of Wis. Stats. § 236.15 and as may be required by the Village Engineer; and
(5) Prior to the acceptance of a final plat, the subdivider shall furnish, when required by the village, a consent and waiver of the statutory provisions for special assessments for the installation of sanitary sewer, storm sewer, sewer laterals, curb and gutter, sidewalks or pedestrian ways, street surfacing, street lighting services, and all other utilities, which shall be in a form approved by the Village Attorney, pursuant to Wis. Stats. § 66.0703(7)(b). Such consent and waiver shall provide that the installation of such services shall be made at the discretion of the Village Board.
(Prior Code, § 18.02)
(A) General. Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of §§ 153.097 because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed;
(2) Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity; and
(3) Absence of detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
(B) Monuments. The Village Engineer may waive the placing of monuments, required under Wis. Stats. §§ 236.15(1)(b) through 236.15(1)(d), for a reasonable time on condition that the subdivider execute a surety bond or irrevocable letter of credit to ensure the placing of such monuments within the required time limits established by the village.
(Prior Code, § 18.02)
No land shall be subdivided for residential use which is determined to be unsuitable for such use by the Village Board for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, 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. The Village Board, in applying the provisions of this section shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he or she so desires. Thereafter, the Village Board, upon the recommendation of the Plan Commission, may affirm, modify, or withdraw its determination of unsuitability.
(Prior Code, § 18.02)
No lot or parcel shall hereafter be created or divided which will not be serviced by public sewer within the corporate limits of the village or which, within extraterritorial plat approval jurisdiction of the village, does not have a valid on-site sewerage system permit located entirely within the respective lot or parcel created
(Prior Code, § 18.02)
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