A.
Authority. In accordance with the authority granted
by §§ 236.13(1)(b) and 236.45, Wis. Stats., and for
the purposes listed in §§ 236.01 and 236.45, Wis. Stats.,
the City Council of the City of Weyauwega, Wisconsin, does hereby
ordain as follows:
(1)
The provisions of this chapter shall be held to be
minimum requirements adopted to promote the health, safety, morals,
comfort, prosperity and general welfare of the City of Weyauwega.
(2)
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever
it imposes stricter restrictions on land use.
B.
Purpose. This chapter is intended to regulate and
control the division and subdivision of land within the corporate
limits and the extraterritorial plat approval jurisdiction of the
City of Weyauwega in order to promote the public health, safety and
general welfare, to encourage the most appropriate use of land, to
provide the best possible living environment for people and to conserve
the value of buildings placed upon the land by:
(1)
Furthering the orderly layout and use of land.
(2)
Ensuring proper legal description and proper monumenting
of land.
(3)
Preventing overcrowding of land and avoiding undue
concentration of population.
(4)
Lessening congestion in the streets and highways.
(5)
Securing safety from fire, flooding, water pollution
and other hazards.
(6)
Providing adequate light and air.
(7)
Facilitating adequate provisions for transportation,
water, sewerage, schools, parks, playgrounds, open space, stormwater
drainage, the conservation of land, natural resources, scenic and
historic sites, energy and other public requirements.
(8)
Facilitating further resubdivision of larger parcels
into smaller parcels of land.
(9)
Ensuring enforcement of the development concepts,
policies and standards delineated in the City of Weyauwega Comprehensive
Plan and related components and, but not limited to, the Official
Map, the Parks and Open Space Plan, the Transportation Plan, the Zoning
Code, the Erosion Control and Stormwater Runoff Code, and the Building
Code of the City of Weyauwega[1] and the Weyauwega Area Land Stormwater Management Plan
1998-2020.
C.
Intent. It is the general intent of this chapter to
regulate the division of land so as to:
(1)
Obtain the wise use, conservation, protection and
proper development of the City'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;
(2)
Lessen congestion in the streets and highways;
(3)
Further the orderly layout and appropriate use of
land;
(4)
Secure safety from fire, panic, and other dangers;
(5)
Provide adequate light and air;
(6)
Facilitate adequate provision for housing, transportation,
water supply, stormwater, wastewater, schools, parks, playgrounds,
and other public facilities and services;
(7)
Secure safety from flooding, water pollution, disease,
and other hazards;
(8)
Prevent flood damage to persons and properties and
minimize expenditures for flood relief and flood-control projects;
(9)
Prevent and control erosion, sedimentation, and other
pollution of surface and subsurface waters;
(10)
Preserve natural vegetation and cover and promote
the natural beauty of the City of Weyauwega;
(11)
Restrict building sites in areas covered by
poor soils or in other areas poorly suited for development;
(12)
Facilitate the further division of larger tracts
into smaller parcels of land;
(13)
Ensure adequate legal description and proper
survey monumentation of subdivided land;
(14)
Provide for the administration and enforcement
of this chapter;
(15)
Provide penalties for its violation; and
(16)
Implement those municipal, county, watershed, or regional comprehensive plans or their components adopted by the City and in general to facilitate enforcement of City development standards as set forth in the adopted regional, county, and local comprehensive plans, adopted plan components, City Zoning Code, City Building Code and other planning documents of the City of Weyauwega described in Subsection B(9) above.
D.
Dedication and reservation of land.
(1)
Whenever a tract of land to be divided within the
jurisdiction of this chapter encompasses all or any part of a street,
highway, bikeway, pedestrianway, greenway, environmental corridor,
waterway, or a drainage or utility easement designated in the Comprehensive
Plan or Official Map, the subdivider shall plat said public way in
the locations and dimensions indicated on said Comprehensive Plan
or Official Map. The City Council, upon the recommendation of the
Plan Commission, shall determine whether said public way should be
dedicated to the public or reserved by the subdivider.
(2)
Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or part of a park site, open space or other recreation area or school site designated in the Comprehensive Plan, Parks and Open Space Plan, or Official Map, said public sites shall be platted and dedicated or reserved by the subdivider at the discretion of the City Council, upon the recommendation of the Plan Commission, in the locations and dimensions indicated on said plans or map in accordance with the requirements of Article VII of this chapter.
(3)
Once a preliminary plat or certified survey is approved,
any lands proposed for public use above shall not be altered without
the written approval of the City Council, upon the recommendation
of the Plan Commission.
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 pursuant to law. 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 City of Weyauwega
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
This chapter shall be known as, referred to,
or cited as the "City of Weyauwega Subdivision Chapter" or "City of
Weyauwega Land Division and Subdivision Chapter."
