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§ 153.010  IMPROVEMENTS.
   (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)
§ 153.011  VARIANCES.
   (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)
§ 153.012  LAND SUITABILITY.
   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)
§ 153.013  SEWER SERVICE AVAILABILITY.
   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)
§ 153.014  APPEALS.
   Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve, as provided in Wis. Stats. § 236.13(5), 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.
(Prior Code, § 18.02)
§ 153.015  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALLEY.  A public or private way which provides secondary access to a lot, block, or parcel of land.
   BLOCK.  A parcel, lot, or group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.
   BUILDING SETBACK LINE.  The distance from the boundaries of a lot or centerline of a street within which structures or buildings shall not be erected.
   CERTIFIED SURVEY MAP.  A map of a subdivision of land prepared in accordance with Wis. Stats. § 236.34.
   COMPREHENSIVE PLAN.  The official guide for the physical, social, and economic growth of the village or its constituent party, properly enacted or adopted according to statute, which is now or may hereafter be in effect.
   CONSTRUCTION YEAR.  A 12-month period of time commencing on the first of the month following final plat approval.
   CROSSWALK.  A public right-of-way traversing a block for the purpose of providing pedestrian access.
   CUL-DE-SAC.  A short minor street having one end open to motor traffic and the other end terminated by a vehicular turnaround.
   DEADEND STREET.  A street having only one outlet for vehicular traffic and no vehicular turnaround.
   DEVELOPMENT.  The act of constructing buildings or installing site improvements.
   DOUBLE FRONTAGE LOT.  A lot having frontage on opposite property boundaries with public streets.
   EASEMENT.  Any strip of land reserved by the subdivider for public utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the property owner, subject to the right of use designated in the reservation of the servitude.
   FINAL PLAT.  The map or drawing of a subdivision prepared in compliance with the provisions of Wis. Stats. Chapter 236, and any accompanying material as described in § 153.051.
   FRONTAGE.  The length of the front property line at the front setback line of the lot, lots, or tract of land abutting a public street, road, highway, or rural right-of-way.
   GRADIENT.  The slope of a road, street, or other public way specified as a percentage.
   IMPROVEMENTS, PUBLIC.  Any sanitary sewer, storm sewer, drainage ditch, roadway, parkway, sidewalk, pedestrian way, planting strip, off-street parking area, or other facility for which the local municipality may ultimately assume the responsibility for maintenance operation.
   LIMITED ACCESS EXPRESSWAY OR FREEWAY.  A trafficway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same except only at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
   LOCAL UNIT.  A local unit in this chapter, including the county, as well as towns, villages, and cities.
   LOT.  A buildable parcel of land represented and identified in a subdivision, as defined below.
   LOT SPLIT.  A division of land other than a subdivision.
   OFFICIAL MAP.  The map of the village adopted pursuant to state statutes showing streets, highways, parkways, parks, playgrounds, and the exterior lines of planned new streets, highways, parkways, parks, or playgrounds.
   OUTLOT.  A parcel of land, other than a lot or block, so designated on the plat. A remnant parcel of land not to be used for building purposes.
   PLAT.  A map of a subdivision.
   PRELIMINARY PLAT.  A map showing the salient features of a proposed subdivision submitted to the Village Board for purposes of preliminary consideration.
   REPLAT.  The changing of the boundaries of a recorded subdivision plat or part thereof.
   REVERSE FRONTAGE LOTS.  Corner lots with no provision for extra width to permit side yard to be the same as the front yard on that side.
   RIGHT-OF-WAY.  A strip of land occupied or intended to be occupied for a special use. Rights-of- way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
   ROADWAY.  The surface portion of the street available for vehicular traffic.
   SERVICE DRIVE.  An approved public street generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating ingress and egress to the right-of-way and providing safe and orderly points of access at fairly uniformly spaced intervals.
   SEWAGE DISPOSAL SYSTEM, INDIVIDUAL.  A septic tank, seepage tile sewerage disposal system, or any other sewerage treatment device approved by the Building Inspector as being in accordance with the rules of the Department of Health and Social Services and the Department of Natural Resources, and servicing only one building site.
   SEWERED AREA.  An area in the village which, in the opinion of the Village Board, may be readily and feasibly served by sewer and water extensions to existing sewer and water systems.
   SIDEWALK.  The portion of a street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only.
   STREET.  Includes all access ways in common use, such as streets, roads, lanes, highways, avenues, boulevards, alleys, parkways, viaducts, circles, courts, and cul-de-sacs, and includes all of the land lying between the rights-of-way lines as delineated on a plat showing such streets whether improved or unimproved and whether dedicated for public use or held in trust under the terms of a reservation, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes such as for electric power lines, gas lines, telephone lines, water lines, or drainage and sanitary sewers.
   STREET, ARTERIAL.  A major, high capacity street designed to carry large volumes of traffic between various areas of the village.
   STREET, COLLECTOR.  A street which carries traffic from minor streets to the system of major streets and highways, including the principal entrance streets of a residential development and the principal circulating streets within such a development.
   STREET, HALF.  A street bordering one or more property lines of a tract of land in which the subdivider has allocated a part of the ultimate right-of-way width.
   STREET, MINOR OR LOCAL.  A street of limited continuity used primarily for access to abutting properties and local needs of a neighborhood.
   SUBDIVIDER.  A person commencing proceedings under the regulations of this chapter to effect a subdivision of land hereunder for himself or herself or others.
   SUBDIVISION.  Any division of a lot, parcel, or tract of land by the owner thereof or his or her agent for the purpose of sale or building development where:
      (1)   The act of division creates five or more parcels or building sites of five acres each or less in area; or
      (2)   Five or more parcels or building sites of five acres each or less in area are created by successive divisions within a period of five years.
   SUBDIVISION DESIGN STANDARDS.  The basic land planning standards established as guides for the preparation of plats.
   SURVEYOR.  A land surveyor duly registered in the state.
   THOROUGHFARE.  A street with a high degree of continuity, including collector streets, major arterial streets, and limited access highways.
   YARDS.  See Chapter 155.
(Prior Code, § 18.03)
§ 153.016  FEES.
   (A)   Fee requirement. The subdivider shall pay the village all fees and assessments as hereinafter required and at the time specified before being entitled to record a final plat or certified survey map. In planned developments, all fees and assessments must be paid prior to the issuance of any building permit.
   (B)   Preliminary plat review fee. The subdivider or developer shall pay a fee as provided in § 36.04 for each lot or parcel within the preliminary plat to the Village Administrator/Clerk at the time of first application for approval of any preliminary plats to assist in defraying the cost of review.  A reapplication fee as provided in § 36.04 for each lot or parcel shall be paid to the Village Administrator/Clerk at the time of reapplication for approval of any preliminary plat which has been submitted and previously reviewed within six months from the date of first application.
   (C)   Final plat review fee. The subdivider or developer shall pay a fee as provided in § 36.04 for each lot or parcel within the final plat to the Village Administrator/Clerk at the time of first application for approval of said plat to assist in defraying the cost of review.  A reapplication fee as provided in § 36.04 per lot or parcel shall be paid to the Village Administrator/Clerk at the time of reapplication for approval of any final plat which has previously been reviewed.
   (D)   Improvement review fee. The subdivider shall pay a fee as provided in § 36.04 of the cost of required improvements as estimated by the Village Engineer at the time of the submission of improvement plans and specifications to partially cover the cost of the village foe checking and reviewing such plans and specifications.  The fee may be recomputed upon demand of the Village Engineer, the subdivider, or the developer after completion of improvement construction in accordance with the actual cost of such improvements and the difference, if any, shall be paid by or remitted to the subdivider or developer.  Evidence of cost shall be in such detail and form as required by the Village Engineer.
   (E)   Inspection fee. The subdivider shall pay a fee as provided in § 36.04 to the village for such inspection as the Village Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications, and ordinances of the village or any other governmental authority.
   (F)   Engineering fee. The subdivider or developer shall pay a fee as provided in § 36.04 to the village for all engineering work incurred by the village in connection with the land subdivision, minor land division, or planned development.  In addition:
      (1)   Engineering work shall include the preparation of construction plans and standard specifications. The Village Engineer may permit the subdivider to furnish all, some, or part of the required construction plans and specifications. The fee for engineering work shall be billed periodically and shall be payable within ten days; and
      (2)   Inspection fees provided for in division (E) above.
   (G)   Legal fees. The subdivider or developer shall pay a fee as provided in § 36.04 for any legal work which may be undertaken by the village in connection with the land division or minor land division.  Legal work shall include all conferences regarding the subdivision or development and the drafting of contracts and agreements between the village and the subdivider.  Legal fees shall be billed periodically.
   (H)   Reserve capacity fee. The subdivider or developer shall pay the fees computed pursuant to § 153.050.
   (I)   Minor subdivision fees. The subdivider shall pay a fee as provided in § 36.04 at the time the certified survey map is submitted to assist in defraying the cost to review.  Prior to Village Board approval, the subdivider shall pay recording costs and any applicable fees as provided in divisions (G) through (H) above.
(Prior Code, § 18.11) (Ord. 03-2019, passed 2-14-2019)
§ 153.017  VIOLATIONS.
   It shall be unlawful to build upon, divide, convey, record, or place monuments on any land in violation of this chapter or state statutes; and no person shall be issued a building permit by the village authorizing the building on, or improvement of, any subdivision, minor land division, or replat within the jurisdiction of this chapter until the provisions and requirements of this chapter have been fully met. The village may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable state statutes.
(Prior Code, § 18.12)  Penalty, see § 153.999
LAND DIVISION PROCEDURE
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