The jurisdiction of this chapter shall include
all lands within the corporate limits of the Village of Belgium, Wisconsin,
and those lands within the extraterritorial jurisdiction of the Village
as established in §§ 61.35, 62.23(2), 66.0105 and 236.10,
Wis. Stats. The provisions of this chapter as it applies to divisions
of tracts of land into fewer than five parcels 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.
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, Chapter 270, Zoning, or other applicable laws or ordinances.
D.
Cemetery plats made under § 157.07, Wis.
Stats.
E.
Assessors' plats made under § 70.27, Wis.
Stats., but such assessors' plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person, firm, or corporation shall divide
any land located within the jurisdictional limits of this chapter
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 documents:
B.
Rules of the Wisconsin 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.
[Amended 1-12-2004 by Ord. No. 3-04]
C.
Rules of the Wisconsin 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 Wisconsin 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 Comprehensive
Plan Component of the Village of Belgium, Wisconsin.
A.
Streets, highways, drainageways and floodplain. Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or any part of an arterial or collector street, drainageway, floodplain, or other public way which has been designated on a duly adopted Village or regional comprehensive plan or comprehensive plan component, said public way shall be made a part of the plat or certified survey map and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in Article VII of this chapter.
B.
Parks and playgrounds. Whenever a tract of land to be divided within the Village of Belgium encompasses all or any part of a park or playground which has been designated on a duly adopted Village or regional comprehensive plan or comprehensive plan component, said park or playground shall be made a part of that plat or certified survey map and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan and in accordance with the procedures set forth in § 168-52 of this chapter.
[Amended 8-9-2010 by Ord. No. 20-10]
Before final approval of any plat or certified
survey map located within the jurisdictional limits of this chapter,
the subdivider shall install street and utility improvements as hereinafter
provided. If such improvements are not installed as required at the
time that the final plat is submitted for approval, the subdivider
shall, before the recording of the plat, enter into a contract with
the Village agreeing to install the required improvements and shall
file with said contract a bond or letter of credit meeting the approval
of the Village Attorney or a certified check in an amount equal to
the estimated cost of the improvements, said estimate to be made by
the Village Board after review and recommendation by the Village Engineer,
as a guarantee that such improvements will be completed by the subdivider
or his or her subcontractors not later than one year from the date
of recording of the plat and as a further guarantee that all obligations
to subcontractors for work on the development are satisfied. The subdivider
may construct the project in such phases as the Village Board approves,
which approval may not be unreasonably withheld. If the subdivider's
project will be constructed in phases, the amount of any surety bond,
letter of credit or other security required by the Village Board shall
be limited to the phase of the project that is currently being constructed.
The Village Board may not require that the subdivider provide any
security for improvements sooner than is reasonably necessary before
the commencement of the installation of the improvements. In addition:
A.
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 approval
of the Village Engineer and the Village Attorney.
B.
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.
C.
Plats outside
the corporate limits. Before final approval by the Village of any
plat or certified survey map located outside the corporate limits
of the Village but within the plat approval jurisdiction of the Village,
the subdivider shall give evidence that he or she has complied with
all street and utility requirements of the town in which the land
being platted is located.
D.
Survey
monuments. 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 § 236.15,
Wis. Stats., and as may be required by the Village Engineer.
Where, in the judgment of the Village Plan Commission, it would be inappropriate to apply literally the provisions of Articles VII and VIII of this chapter because of the proposed subdivision being located outside of the corporate limits, or because exceptional or undue hardship would result, the Village Plan Commission may grant a variance from any requirement to the extent deemed just and proper.
A.
No variance to the provisions of this chapter shall
be granted unless the Village Plan Commission finds beyond a reasonable
doubt 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. Such variance is
necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same vicinity.
(3)
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.
B.
A majority vote of the entire membership of the Village
Plan Commission shall be required to grant any variance of this chapter.
C.
The Village Board may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time, not to exceed one year, on condition that the
subdivider execute a surety bond to insure the placing of such monuments
within the required time limits established by statute. Additional
time may be granted upon show of cause.
No land shall be subdivided for residential
use which is determined to be unsuitable for such use by the Village
Plan Commission, upon the recommendation of the Village Engineer or
other agency as determined by the Plan Commission, 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. In addition, the Village Plan Commission, in applying
the provisions of this section, shall, in writing, recite the particular
facts upon which it bases its conclusion that the land is unsuitable
for residential use and afford the subdivider an opportunity to present
evidence in rebuttal to such finding of unsuitability if he so desires.
Thereafter the Village Plan Commission 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 Wisconsin Statutes, and no person, firm or corporation
shall be issued a building permit by the Village of Belgium authorizing
the building on, or improvement of, any subdivision, minor land division
or replat within the jurisdiction of this chapter not of record as
of the effective date 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 Wisconsin Statutes.
A.
Any person, firm or corporation who or which violates
or fails to comply with the provisions of this chapter shall, upon
conviction thereof, forfeit not less than $100 nor more than $1,000
plus the costs of prosecution for each offense, and the penalty for
default of payment of such forfeiture and costs shall be imprisonment
in the county jail until payment thereof, but not exceeding six months.
Each day a violation exists or continues shall constitute a separate
offense. Violations and concomitant penalties shall include the following:
B.
An assessor's plat made under § 70.27, Wis.
Stats., may be ordered as a remedy by the Village, at the expense
of the subdivider, when a subdivision as defined herein is created
by successive divisions.
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 § 236.13(5), Wis. Stats., 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. The court shall
direct that the plat be approved if it finds that the action of the
approving or objecting agency is arbitrary, unreasonable or discriminatory.
