The regulations of this chapter are adopted under the authority granted by §§ 61.35, 62.23, 66.0105, 236.02(5), 236.10(1)(b) and (2) and 236.45, Wis. Stats.
The purpose of this chapter is to regulate and control the division of land within the limits of the Village and within the Village's extraterritorial jurisdiction in order to promote the public health, safety, morals, prosperity, aesthetics, and general welfare of the Village.
It is the general intent of this chapter to regulate the division of land so as to:
A. 
Obtain the wise use, conservation, protection, and proper development of the Village's soil, water, wetland, woodland, and wildlife resources and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base;
B. 
Lessen congestion in the streets and on the highways;
C. 
Further the orderly layout and appropriate use of land;
D. 
Provide for safety from fire, panic and other dangers;
E. 
Provide adequate light and air;
F. 
Facilitate adequate provision for housing, transportation, water supply, stormwater, wastewater, schools, parks, playgrounds, and other public facilities and services;
G. 
Secure safety from flooding, water pollution, disease and other hazards;
H. 
Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects;
I. 
Prevent and control erosion, sedimentation, and other pollution of surface and subsurface waters;
J. 
Preserve natural vegetation and cover and promote the natural beauty of the Village;
K. 
Restrict building sites on areas covered by poor soils or in other areas poorly suited for development;
L. 
Facilitate the further division of larger tracts into smaller parcels of land;
M. 
Ensure adequate legal description and proper survey monumentation of subdivided land;
N. 
Provide for the administration and enforcement of this chapter;
O. 
Provide penalties for its violation; and
P. 
Implement those Village, county, watershed, or regional comprehensive plans or their components adopted by the Village, and in general to facilitate enforcement of Village development standards as set forth in any plans, plan components, codes or ordinances adopted by the Village.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ALLEY
A special public way affording only secondary access to abutting properties.
ARTERIAL STREET
An urban or rural street used, or intended to be used, primarily for fast or heavy interneighborhood or intercommunity through traffic. "Arterial street" shall include freeways and expressways as well as standard arterial streets, highways and parkways.
BUILDING SETBACK LINE
A line generally parallel to the street lot line and at a specified minimum distance from such lot line as set forth in the Village Zoning Ordinance and which delineates the street side of the buildable area of the lot or parcel.
COLLECTOR STREET
An urban street used, or intended to be used, to carry traffic from minor streets to arterial street systems, including the principal entrance streets to urban residential subdivisions.
COMMUNITY
An incorporated municipality or a group of adjacent towns and/or incorporated municipalities having common social, economic or physical interest or characteristics.
COMPREHENSIVE PLAN
An extensively developed plan, also called a "master plan," adopted by the Village Plan Commission and certified to the Village Board pursuant to § 62.23, Wis. Stats., including proposals for future land use, transportation, redevelopment, utilities and public facilities. Devices for the implementation of such plans, such as zoning, official map, land division, and building codes or ordinances and capital improvement programs, may also be considered a part of the Comprehensive Plan.
CONTIGUOUS LANDS
Lands not separated by streets, navigable streams or rivers, lakes, railroads or other physical barriers or ownerships.
COUNTY PLANNING AND PARKS DEPARTMENT
The agency of the county government in the county having land division plat review and approval authority.
CUL-DE-SAC STREET
A minor street closed at one end with a turnaround provided for the safe movement of motorized vehicles.
DETENTION BASIN
A stormwater pond or structure designed to provide temporary retention and control of stormwater runoff via a surface outlet.
DEVELOPER
Any person, firm, or corporation, or any agent thereof, dividing or proposing to divide land resulting in a land division or replat.
DEVELOPER'S AGREEMENT
A contract between a developer and a municipality that describes the obligations of both parties regarding a private development project.
[Added 8-21-2014 by Ord. No. 2014-8-1]
DEVELOPMENT (RURAL)
Agricultural, residential, recreational, and other open space development at such concentrations and densities not requiring traditional urban services and facilities. Historically, in southeastern Wisconsin, when residential development densities are less than 0.2 dwelling unit per gross acre (or one dwelling unit per five acres), such traditional urban services are not required. Such rural development may be expected to result in minimum disturbance of the land and land cover, and therefore, less impact on the natural environment.
DEVELOPMENT (URBAN)
Residential, commercial, industrial, governmental, and institutional development in sufficient concentrations or densities to require a variety and high level of traditional urban services and facilities, including but not limited to full-time or part-time municipal police and fire protection and community administration; additional public streets and highways; neighborhood parks and playgrounds; neighborhood schools; local libraries; public solid waste removal; storm sewers; mass transit facilities; continual street maintenance; curbs, gutters, and sidewalks; street lighting; and neighborhood convenience shopping. Such development may be expected to alter or require the altering of land and land cover and have a detrimental impact on the groundwater and surface water. Historically, in southeastern Wisconsin, urban development occurs when residential development is concentrated in large areas at densities in excess of 0.2 dwelling unit per gross acre (or one dwelling unit per five acres).
ENVIRONMENTAL CORRIDORS
Linear areas of the natural landscape containing concentrations of both land and water resources as defined and delineated by the Southeastern Wisconsin Regional Planning Commission. Such environmental corridors are a composite of the most important individual elements of the natural resource base and, generally, have immeasurable environmental, ecological, and recreational value.
EXTRATERRITORIAL JURISDICTION
As applied to the Village, the unincorporated areas within 1 1/2 miles of the Village, and as applied to other cities and villages shall mean the unincorporated area within 1 1/2 miles of a fourth-class city or a village and within three miles of all other cities which have established a land division control ordinance pursuant to § 236.02(5), Wis. Stats. Wisconsin Statutes § 66.0105 shall control determinations respecting overlapping extraterritorial jurisdictions.
FACE OF CURB
The vertical portion of the curb facing the pavement on a nonmountable curb. On mountable curbs, the curb face is computed to be at a point 12 inches from the outside edge of the curb.
FLOODLANDS
Those lands, including the floodplains, flood fringe, floodways, and channels, subject to inundation by the one-hundred-year recurrence interval flood or, where such data is not available, the maximum flood of record.
FRONTAGE STREET
A minor street auxiliary to and located adjacent to an arterial street and used to control access to the arterial street and to provide access and service to abutting properties.
HIGH GROUNDWATER ELEVATION
The highest elevation to which subsurface water rises. This may be evidenced by the actual presence of water during wet periods of the year or by soil mottling during drier periods. The term "mottling" is a variation of soil colors. In soils with restricted internal drainage, gray, yellow, red, and brown colors are intermingled giving a multicolored effect.
HIGH WATER ELEVATION
The average annual high water level of a pond, stream, lake, flowage, or wetland referred to an "established datum plane" or, where such elevation is not available, the elevation of the line up to which the presence of the water is so frequent as to leave a distinct mark by erosion, change in or destruction of vegetation, or other easily recognized topographic, geologic, or vegetative characteristic.
INGRESS/EGRESS
Entry/exit.
LAND DIVISION
Any division of land which results in the creation of additional lots, parcels, or tracts of land.
LETTER OF CREDIT
A written letter engagement by a commercial bank made at the request of the developer whereby the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the letter of credit.
LOT
A parcel of land, whether acquired by one or more conveyances, having frontage on a public 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 space provisions of the Village Zoning Ordinance or this chapter and other Village codes, chapters, and ordinances.
LOT, CORNER
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
LOT, DOUBLE FRONTAGE
A lot which has opposite lot lines along two substantially parallel streets and which is not a corner lot. Both street lines on a double frontage lot shall be deemed street front lot lines, but in the case of two or more contiguous double frontage lots, there shall be a common front lot line.
MINOR LAND DIVISION
Any division of land not defined as a subdivision which results in one or more new parcels and the division of a block, lot or outlot within a recorded subdivision plat or recorded certified survey map, provided that areas previously dedicated to the public are not altered thereby.
MINOR STREET
A street used, or intended to be used, primarily for access to abutting properties.
MUNICIPALITY
An incorporated village or city.
NAVIGABLE STREAM
Any stream capable of floating any boat, skiff, or canoe of the shallowest draft used for recreational purposes at any time of the year.
OUTLOT
A parcel of land, other than a lot or block, so designated on the plat, but generally not of standard lot size, which is used to convey or reservice parcels of land for purposes other than residential development and which may be either redivided into lots or combined with one or more other adjacent outlots or lots in adjacent land divisions in the future for the purpose of creating buildable lots.
PERFORMANCE BOND
A surety bond issued by an insurance company or a bank guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled.
[Added 8-21-2014 by Ord. No. 2014-8-1]
PRELIMINARY PLAT
A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of official preliminary consideration.
PRIVATE IMPROVEMENT
Any improvement that is to be kept and managed by the property owners within the development.
[Added 8-21-2014 by Ord. No. 2014-8-1]
PUBLIC IMPROVEMENT
Any improvement that is to be dedicated to the Village of Richfield, Washington County, or any other governmental division, which shall thereafter be responsible for the ongoing maintenance and operation of such improvement; and otherwise private improvements that are required to be made by the Village of Richfield as part of the development project, or for which the Village of Richfield has enforcement authority.
[Added 8-21-2014 by Ord. No. 2014-8-1]
PUBLIC WAY
Any public road, street, highway, walkway, drainageway, easement, or part thereof.
REPLAT
The changing of the exterior boundaries of a recorded land division or part thereof.
RETENTION BASIN
A stormwater pond or structure designed to provide temporary or permanent retention of storm runoff via evaporation or soil absorption.
SHORELANDS
Those lands, in the Village, lying within 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.
SOIL MAPPING UNIT
An area inscribed on the operational soil survey maps prepared by the United States Natural Resources Conservation Service and designated by soil type, slope, and erosion factor.
SUBDIVISION
The division of land by the owner thereof, any successor in interest or any agent of either, where the act of division creates:
A. 
Five or more parcels or building sites of 20 acres each or less in area; or
B. 
Five or more parcels or building sites of 20 acres each or less by successive divisions within five years.
VILLAGE ENGINEER
The employee or contracted consultant who is designated to perform the duties and functions, as determined by the Administrator or his/her designee.
WETLANDS
Those lands which are partially or wholly covered by marshland flora and generally covered with shallow standing water or lands which are wet and spongy due to a high water table.
WISCONSIN ADMINISTRATIVE CODE
The rules of administrative agencies having rule-making authority in the state, published in a loose-leaf, continual revision system as directed by § 35.93, Wis. Stats., and Ch. 227, Wis. Stats., including subsequent amendments to those rules.
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; 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 statute.
Jurisdiction of this chapter shall include all lands within the limits of the Village and within the Village's extraterritorial jurisdiction. The provisions of this chapter shall not apply to:
A. 
Transfers of interests in land by will or pursuant to court order;
B. 
Leases for a term not to exceed 10 years, mortgages, or easements; and
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 minimize sizes and meet all specifications required by this chapter, the Village Zoning Ordinance, or other applicable laws and ordinances, subject to the procedures and requirements set forth in § 330-21.1 of this chapter.
[Amended 8-21-2014 by Ord. No. 2014-8-2]
No person shall divide any land located within the Village or within the Village's extraterritorial jurisdiction which results in a subdivision, minor land division or a replat; no such subdivision, minor land division or replat shall be entitled to recording; and no street shall be laid out or physical improvements made to land without compliance with all requirements of this chapter and the following documents:
A. 
Wisconsin Statutes Ch. 236;
B. 
Rules of the State Department of Safety and Professional Services, Ch. SPS 383, Wis. Adm. Code, 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 Department of Natural Resources relating to water quality and wetland development;
D. 
Rules of the State 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 developer abuts on a state trunk highway or connecting street;
E. 
Duly adopted Comprehensive Plan or Comprehensive Plan component of the Village; and
F. 
The Village's zoning regulations in the Zoning Ordinance and supplements and amendments thereto, and all other applicable Village codes, chapters and ordinances.
A. 
Streets, highways, and drainageways. Whenever a tract of land to be divided within the Village encompasses all or any part of an arterial or collector street, drainageway, or other public way which has been designated on a Village, county, or regional Comprehensive Plan or Comprehensive Plan component adopted by the Village or county, such public way shall be made a part of the plat and dedicated or reserved by the developer in the locations and dimensions indicated on such plan or map and as set forth in Article VI of this chapter.
B. 
Public sites. Whenever a tract of land to be divided within the Village encompasses all or any part of a public site which has been designated on a Village, county, or regional Comprehensive Plan or Comprehensive Plan component adopted by the Village or county, such public site shall be made a part of the plat and dedicated or reserved by the developer in the locations and dimensions indicated on such plan. Where the developer proposes a park or playground, the Village may require that any such park or playground be made an outlot and be privately owned and held in joint ownership by and maintained for the benefit of the owners of lots within the subdivision.
[1]
Editor's Note: Former § 330-10, Improvements, was repealed 8-21-2014 by Ord. No. 2014-8-1.
Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of Articles VI and VII of this chapter because exceptional or undue hardship would result, the Village Board, upon recommendation of the Village Plan Commission, may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted, however, unless the Village Board makes a specific finding based on documented evidence that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
A. 
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 physical 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.
B. 
Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
C. 
Absence of detriment. 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.
[Added 1-22-2015 by Ord. No. 2015-01-01]
A. 
Generally. Upon petition, the Village Board may approve a certified survey map where one or more of the parcels do not comply with one or more of the dimensional standards in this chapter and/or in Chapter 70 of the Richfield Code of Ordinances, titled "Zoning,"[1] provided one of the following circumstances exist:
(1) 
An existing principal building or accessory building crosses a common property boundary line and the affected property owners submit a joint application, and the lot line cannot be adjusted in a way that results in legal conforming lots and setback and offset compliance for existing structures.
(2) 
A person owns three or more adjoining legal nonconforming lots and the resulting number of parcels is reduced (e.g., three legal nonconforming lots are reconfigured to form two lots, one or both of which are substandard).
(3) 
The certified survey map is for one lot and is used to establish the boundary of such nonconforming parcel.
(4) 
Any circumstance where the nonconforming lot is no less nonconforming than currently exists (i.e., a nonconforming lot is three acres and after reconfiguration is three acres or larger).
[1]
Editor's Note: Chapter 70, Zoning, is included in the online version of the Code of the Village of Richfield (eCode 360®). Said chapter is also on file in the Village offices.
B. 
Submittal requirements. In addition to the features normally depicted on a preliminary certified survey map, the following shall be depicted:
(1) 
Existing lot lines to be removed by the certified survey map.
(2) 
The location of all existing wells and sanitary systems and other improvements not otherwise depicted on a preliminary certified survey map.
(3) 
The measurement between the proposed lot line and any structure that will not comply with any setback requirement established in this chapter or the Village's zoning regulations.
(4) 
Any other information requested by the Plan Commission or Village Board deemed necessary to render a decision under this section. If the applicant is willing to provide the requested information, the time clock shall be suspended until such time the Plan Commission or Village Board reviews such information at a regular or special meeting. If the applicant is not willing to provide the requested information, the Plan Commission and Village Board shall act on the information submitted by the applicant. Failure to provide the requested information shall constitute a sufficient reason to deny the creation of substandard lots.
C. 
Basis of decision. The Plan Commission may only recommend approval and the Village Board may only approve a certified survey map with one or more substandard lots upon a finding that:
(1) 
The proposed configuration of the parcels constitutes an improved layout;
(2) 
Each of the resulting parcels will have legal access to a public roadway; and
(3) 
The spirit and intent of this chapter, as set forth in §§ 330-2 and 330-3, is achieved to the greatest extent possible given the existing circumstances; and
(4) 
The existing lots are legal lots or legal nonconforming lots.
D. 
Imposition of conditions. The Plan Commission may recommend and the Village Board may impose one or more conditions of approval deemed necessary to further the intent and purposes of this chapter and the Village's zoning regulations.
E. 
Required notes on the certified survey map.
(1) 
If a certified survey map is approved with one or more substandard lots, a notation shall be shown on the face of the survey substantially as follows:
Parcel ___ is a substandard lot and was approved by the Village of Richfield under authority of § 330-11.1 of the Richfield Code of Ordinances. Such parcel shall comply with all applicable regulations relating to legal nonconforming lots which may now exist or which may be established by the Village of Richfield.
(2) 
If a certified survey map is approved with a parcel that contains an existing structure that does not comply with setback standards in the Village's zoning regulations, a notation shall be shown on the face of the survey substantially as follows:
Parcel ___ contains an existing structure that does not comply with setback standards in the Village's zoning regulations in effect on the date this certified survey map was approved by the Village of Richfield. Such structure shall comply with all applicable regulations relating to legal nonconforming structures which may now exist or which may be established by the Village of Richfield.
No land shall be divided or 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 conditions, 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 land division or the Village.
A. 
Determination of suitability shall be based upon the following:
(1) 
Floodlands. No lot of 25,000 square feet or less in area shall include floodlands. All lots more than 25,000 square feet in area shall contain not less than 25,000 square feet of land which is at an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record.
(2) 
Land zoned as lowland conservancy. No lot of 25,000 square feet or less in area shall include lands zoned or designated as lowland conservancy. All lots more than 25,000 square feet in area shall contain not less than 25,000 square feet of land area which is not delineated as lowland conservancy.
(3) 
Lots made, altered, or filled entirely with non-earth materials shall not be divided into residential building sites.
(4) 
Lots made, altered, or filled entirely with earth within the preceding seven years shall not be used for on-site soil absorption sanitary sewage disposal system fields.
(5) 
Lots proposed to be served by conventional on-site soil absorption sanitary sewage disposal systems, including mound systems, shall have not less than 10,000 square feet in slopes of less than 20%.
(6) 
Lots proposed to be served by nonconventional on-site soil absorption sanitary sewage disposal systems shall have not less than 15,000 square feet in slopes of less than 12%.
(7) 
Lands having bedrock or groundwater within five feet of the natural undisturbed surface shall not be used for residential building sites to be served by conventional on-site soil absorption sanitary sewage disposal systems.
(8) 
Standards of the Department of Safety and Professional Services for soil percolation.
(9) 
Certain soil types identified by both their alphabetical and numerical symbols and used by the United States Department of Agriculture, Natural Resources Conservation Service, and the Southeastern Wisconsin Regional Planning Commission, respectively, and which have very severe or severe limitations for the use of on-site soil absorption sanitary sewage disposal systems may only be included in residential building sites where public sanitary sewerage facilities are not available if such building sites contain not less than 25,000 square feet of other soils which are rated suitable for building construction and installation of an on-site soil absorption sanitary sewage disposal system.
(10) 
Lands artificially drained by drainage tile or ditch systems for the purpose of lowering the water table shall not be used for residential building sites to be served by on-site soil absorption sanitary sewage disposal system.
B. 
The Village Board, upon recommendation of the Village Plan Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it concludes that land is unsuitable for residential use and shall afford the developer an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter, the Village Board may affirm, modify, or withdraw its determination of unsuitability.
It shall be unlawful to build upon, divide, convey, record or place monuments on any land in violation of this chapter or the statute, 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 the Village which has not been recorded prior to the effective date of this chapter until the provisions and requirements of this chapter have been fully met. The Village Board may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable statute.
A. 
Each violation of any provision of this Chapter 330 shall be subject to the penalties and remedies described in § 1-3 of this Code. Violations and concomitant penalties shall include, but not be limited to the following:
(1) 
Recordation improperly made carries penalties as provided in § 236.30, Wis. Stats.
(2) 
Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31, Wis. Stats.
(3) 
Monuments disturbed or not placed carries penalties as provided for in § 236.32, Wis. Stats.
B. 
In addition, an assessor's plat as set forth in § 70.27, Wis. Stats., may be ordered by the Village Board at the expense of the developer when a subdivision is created by successive divisions.
Any person aggrieved by an objection to a plat or failure to approve a plat or certified survey map may appeal such objection or failure to approve as provided in § 236.13(5), Wis. Stats., within 30 days of notification of the rejection of the plat or certified survey map. Where failure to approve is based on any unsatisfied objection, the agency making the objection shall be made a party to the action.