The purpose of this chapter, prepared under the authority granted by § 236.45, Wis. Stats., is to promote the public health, safety and general welfare of the Village, and the regulations are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds and public requirements; and to facilitate the further resubdivision of larger tracts into smaller parcels of land. The regulations of this chapter are made with reasonable consideration of the character of the Village with a view of conserving the value of the buildings placed upon the land, providing the best possible environment for human habitation and for encouraging the most appropriate division and use of land throughout the Village.
The provisions of this chapter shall apply within the corporate limits and the extraterritorial plat approval jurisdiction of the Village. Included in this jurisdiction shall be:
A. 
Subdivisions. Any division of land within the Village which results in a subdivision as defined herein shall be surveyed and a plat thereof made, approved and recorded as required by this chapter and by Ch. 236, Wis. Stats.
B. 
Other divisions. Any division of land, other than a subdivision, resulting in the creation of two parcels or building sites, any one of which is five acres or less in area, shall be surveyed, and a certified survey map or assessor's map shall be prepared for any parcel five acres or less in area and be approved by the Village and recorded with the Register of Deeds as required by this chapter. This subsection shall not pertain to those transfers or divisions of land specifically excluded by Ch. 236, Wis. Stats., namely:
(1) 
Transfer of interests in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
The 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 Chapter 435, Zoning, of this Code and by other applicable laws or ordinances.
(4) 
Cemetery plats made under § 157.07, Wis. Stats., and Assessor's plats, unless specifically required by the Village, made under § 70.27, Wis. Stats., but such Assessor's plats shall comply with §§ 236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
(5) 
The sale or exchange of parcels of public utility or railroad right-of-way to adjoining property owners if the Village Board and county planning agency approve such sale or exchange on the basis of applicable ordinances and the provisions of Ch. 236, Wis. Stats.
No building permit shall be issued for any building or any land within the Village until all requirements of this chapter have been met.
The Village shall condition the approval of the preliminary or final plat, the certified survey map or the assessor's map upon compliance with:
A. 
Chapter 236, Wis. Stats.
B. 
Any Village or county ordinance.
C. 
The Official Map of the Village.
D. 
The rules of the State Department of Safety and Professional Services relating to lot size, lot elevation, percolation tests, test borings, etc.
E. 
The rules of the State Department of Transportation relating to traffic safety and preservation of public interest and investment in state trunk highways or connecting streets.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
The most restrictive requirements when requirements of approving authorities conflict.
No land shall be subdivided for residential use which the Village Board determines to be unsuitable for such use by reason of flooding, bad drainage, adverse earth or rock conditions, topography or any other feature likely to create a subdivision contrary to the purpose of this chapter.
A. 
All words used in the present tense include the future tense; the singular includes the plural, and the plural the singular; "person" includes associations, copartnerships or corporations; and "shall" is mandatory while "may" is permissive. All terms used which are defined in Ch. 236, Wis. Stats., shall have the same meaning as ascribed thereto in that chapter and as that chapter may hereafter be amended, unless otherwise defined in this chapter or unless the context and subject matter clearly indicate otherwise.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ALLEY
A public way affording only secondary access to abutting properties.
CERTIFIED SURVEY MAP
A map for four parcels or fewer prepared according to § 236.34, Wis. Stats.
COUNTY
Waukesha County, Wisconsin.
COUNTY PLANNING AGENCY
Waukesha County Park and Plan Commission.
LOT
A portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of ownership or for building development.
(1) 
BUTT LOTA lot with the rear lot line abutting the side lot line of another lot platted in the same block and not separated by an alley or other open space.
(2) 
DOUBLE FRONTAGE LOTA lot, other than a corner lot, abutting on two streets.
OFFICIAL MAP
The map indicating the location and size of existing and proposed streets, highways, parkways, parks and playgrounds as adopted and amended by the Village Board pursuant to § 62.23(6), Wis. Stats.
OUTLOT
A portion of a subdivision or other land division not a standard lot size and shape but provided as a remnant of a subdivision, the intention of which is either to redivide it in the future into lots or combine it with one or more other adjacent parcels of land to create buildable lots.
PLAT
A map of a subdivision.
(1) 
FINAL PLATA map of a subdivision which has been accurately surveyed, clearly and definitely showing the streets, alleys, blocks, lots and other divisions thereof in such a manner that the same can be clearly and distinctly identified.
(2) 
PRELIMINARY PLATA map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration prior to preparation of the final plat.
RECORDING A PLAT
The filing of the original of the final plat with the Register of Deeds for recordation.
REGISTER OF DEEDS
The Register of Deeds for Waukesha County.
STREET
An area which serves as a vehicular and pedestrian access to abutting lands or to other streets other than an alley.
(1) 
COLLECTOR STREETA street intended to serve and to provide access to neighborhoods.
(2) 
FRONTAGE STREETA street auxiliary to and located on the side of an arterial highway for service to abutting property and for control of access to the arterial or major street.
(3) 
MAJOR STREETPrincipal arteries of through traffic, such as highways, parkways and thoroughfares.
(4) 
MINOR STREETA street intended to serve and to provide access primarily to the properties abutting thereon. A cul-de-sac is a minor street having one open end and being terminated at the other by a turnaround.
SUBDIVIDER or OWNER
Includes any firm, association, partnership, private corporation, public or quasi-public corporation or a combination of any of them or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same.
SUBDIVISION
The division of a lot, parcel or tract of land by the owner thereof or his 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.
VILLAGE
Village of Wales, Waukesha County, Wisconsin.