[Code 1992, § 18.01]
This chapter shall regulate and control subdivision and division
of land within the corporate limits and the area of extraterritorial
plat approval jurisdiction of the city in order to promote public
health, safety and general welfare; 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 overcrowding of land;
to avoid undue concentration of population; to facilitate adequate
provision for transportation, water, sewerage, schools, parks, playgrounds
and other public requirements; to facilitate the further resubdivision
of larger tracts into smaller parcels of land; to conserve the value
of buildings placed upon land, to provide the best possible environment
for human habitation and to encourage the most appropriate use of
land throughout the city and the area of its extrater-ritorial plat
approval jurisdiction. The approvals to be obtained by the subdivider
as required in this chapter are based on requirements designed to
accomplish the purposes of this section.
[Code 1992, § 18.02]
(a)
The provisions contained in W.S.A., ch. 236, governing the subdivision
and platting of land, and such other state laws as may apply and any
revisions or amendments thereof enacted by the state legislature;
the rules of the state department of health and social services relating
to lot size and lot evaluation, if the subdivision is not served by
a public sewer and provisions for such service have not been made;
and the rules of the state department of transportation relating to
safety of access and preservation of the public interest and investment
in the streets, if the subdivision abuts on a state trunk highway
or connecting street, are all made a part of this chapter with the
same force and effect as if set out in full in this section, except
that where the provisions of this chapter are more restrictive, this
chapter shall apply.
(b)
Any division of land within the city or its extraterritorial plat
approval jurisdiction which results in a subdivision shall be approved
and recorded as required by this chapter and by W.S.A., ch. 236.
(c)
Any division of land within the city or its extraterritorial plat
approval jurisdiction resulting from a condominium development shall
be approved and recorded as required by this chapter and by W.S.A.,
§ 703.11, and other applicable statutes.
[Code 1992, § 18.03(1)]
In this chapter all terms used which are defined in W.S.A.,
ch. 236, shall have the same meaning as ascribed in that chapter and
as the chapter may hereafter be amended, unless otherwise defined
in this chapter or unless the context or subject matter clearly indicates
otherwise. All words used in the present tense include the future
tense; the singular includes the plural and the plural the singular;
the word "person" includes associations, copartnerships or corporations;
and the word "shall" is mandatory while the word "may" is permissive.
[Code 1992, § 18.03(2); Ord. No. 98-12, § I, 12-14-1998]
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:
A right-of-way which affords secondary access to properties
abutting a street.
A tract of land bounded by streets or by a combination of
one or more streets and parks, cemeteries, shorelines of waterways,
corporate limits, railroad rights-of-way, or other line of demarcation.
The narrowest width within the 30 feet of lot depth immediately
in back of the required front yard setback line.
The building inspector of the city, or his authorized representative.
A line within a lot or other parcel of land so designated
on a preliminary plat which denotes the area between such line and
the adjacent street right-of-way line where an enclosed building and
other obstructions are prohibited, except those obstructions that
are permitted by zoning regulations.
A lot located at the end of a block between two corner lots.
The City of Lake Geneva.
The city clerk of Lake Geneva.
The city council of Lake Geneva.
The engineer of the city.
A subdivision street having a wider roadway width than a
minor street and which is a prime entrance or circulation street.
Its primary function is to collect and distribute traffic from minor
streets.
A real estate development, redevelopment or ownership regime
conversion project involving establishment or alteration of the condominium
form of ownership for all or part of the development.
A parcel or tract of land of no less than 40 acres in area,
initially under single ownership or control which has been subdivided
into lots for single-family detached dwellings where each lot has
an area of no less than 1/2 of an acre and a width of no less than
100 feet at the buildable area and where regulations of this chapter
may be modified as specified in this chapter.
A minor street with a single outlet.
A lot which has a pair of opposite lot lines along two substantially
parallel streets.
A quantity of land set aside over or under which a liberty,
privilege or advantage in land without profit, is dedicated and is
distinct from ownership of the land, is granted either to the public,
a particular person or a combination of both.
As defined in W.S.A. § 236.02(2), (1 1/2 mile
from corporate limits), except where adjusted by the ETJ limits of
other jurisdictions.
A map or plan of a subdivision and any accompanying material as described in division 3 of article II of this chapter.
A minor street which is parallel to and either adjacent to
or within the right-of-way of a thoroughfare.
A street of less than the total required width along one
or more property lines of a subdivision.
Any sanitary sewer system, storm sewer system, water supply
and distribution system, roadway, terrace, sidewalk, pedestrian way,
no access strip, off-street parking area or other improvement which
the city may require under this chapter.
A portion of a subdivision or other parcel of land intended
for transfer of ownership or for building development.
The composite elements of the master plan of the city and
its environs, or any segment thereof, in the form of plans, maps,
charts and textual material, as adopted by the plan commission.
A street of limited continuity. Its primary purpose is to
serve abutting properties.
A land area at least 12 feet wide along the rear lot line
of a double frontage lot and abutting a thoroughfare within which
no vehicular driveways shall be permitted.
Any firm, association, partnership, private corporation,
public or quasipublic corporation, or a combination of any of them,
or other legal entity having sufficient proprietary interest in the
land sought to be subdivided or divided to commence and maintain proceedings
under the provisions of this chapter.
A right-of-way across or within a block designated for pedestrian
use.
The city plan commission.
A tentative map or plan of a proposed subdivision as described in division 2 of article II of this chapter.
That portion of the street designated for vehicular use.
That portion of a street designated for pedestrian use.
A right-of-way which affords primary means of access by pedestrians
and vehicles to abutting properties, whether designated as a street,
avenue, highway, road, boulevard, lane or however otherwise designated.
The shortest distance between the right-of-way lines of a
given street.
Any owner commencing proceedings under this chapter.
A division of a lot, parcel or tract of land by the owner
thereof or his agent for the purpose of sale or of building developments,
where:
The act of division creates five or more parcels or building
sites of 1 1/2 acres each or less in area.
Five or more parcels or building sites of 1 1/2 acres each
or less in area are created by successive divisions within a period
of five years.
The act of division involves the creation of a new street.
The basic land planning principles established as guides
for the preparation of preliminary plats.
An unpaved strip of land situated within the street.
A street with a high degree of continuity which also serves
as an arterial traffic way between the various districts of the city
and its environs.
[Code 1992, § 18.16]
No plat of any subdivision or land division shall be entitled
to record in the office of the register of deeds or have any validity
until it shall have been approved in a manner prescribed in this chapter.
[Code 1992, § 18.20; Ord. No. 98-12, § I, 12-14-1998]
Additional penalties for failure to comply with the requirements
of this chapter shall include invalidation of purported transfers
of titles at the option of the purchaser in accordance with the provisions
of W.S.A. § 236.31(3).
[Code 1992, § 18.14]
No building permit shall be issued by any city official for
the construction of any building, structure or improvement to land
or any lot within a subdivision or land division which has been approved
for platting until there is compliance with all requirements of this
chapter and other pertinent ordinances.
[Code 1992, § 18.15]
No occupancy permit shall be granted by any city official for
the use of any structure within a subdivision or land division approved
for platting or replatting until required utility facilities have
been installed and made ready to service the property, and roadways
providing access to the subject lots have been constructed or are
in the course of construction, and are suitable for vehicular traffic.
[Ord. No. 98-12, § III, 12-14-1998]
It is the intent of the city council that land be developed
in harmony with the following policies agreed to in the master plan,
plan for parks and open space, official map, and the Walworth County
land use plans, as adopted by the city. Therefore, the following policies
shall apply:
(1)
To plan the location and/or timing of new development to make it
efficient, to reduce public costs and to encourage separation and
distinction between municipalities.
(2)
To direct and stage new growth only to those areas planned and programmed
for development and capable of providing a full range of urban services,
including transportation and schools.
(3)
To discourage scattered development and urban sprawl.
(4)
To insure that land uses complement rather than conflict with natural
features such as rolling topography, trees, creeks, ponds and rock
formations.
(5)
To develop a system of interior open spaces in which existing environmental
corridors to delineate neighborhoods, control storm water drainage
and provide circulation for pedestrian and bicycle traffic.
(6)
To locate multi-family development and local commercial development
convenient to each other and near arterials.
(7)
To encourage preservation of open space and aesthetic quality in
development through the use of planned development districts.
(8)
To favor land use intensities and patterns that are supportive of
alternative modes of transportation.
(9)
To promote and maintain balanced commercial activity that is viable
and responsive to the needs of the community and the surrounding market
area.
(10)
To preserve the quality of the water and the air and to prevent extreme
noise and visual blight.
(11)
To preserve prime agricultural land for agricultural use.
(12)
To encourage development in the city with balanced residential, commercial,
industrial and open space uses and public services.
[Ord. No. 98-12, § III, 12-14-1998]
No land shall be divided or subdivided for a use which is held
unsuitable by the plan commission for reason of flooding or potential
flooding, soil limitations, inadequate drainage, steep topography,
incompatible surrounding land use, or any other condition likely to
be harmful to the health, safety or welfare of the future residents
or users of the area, or harmful to the community.
(1)
Except as provide herein, the plan commission shall determine land
suitability prior to the time the preliminary plat or certified survey
is considered for approval, following review and recommendations by
the appropriate city commissions and committees. The plan commission
may impose special conditions on the plat or certified survey map
deemed necessary to protect the health, safety or welfare of future
residents of the area. Those areas that are found to be environmentally
sensitive shall be considered for preservation as open space. The
determination of land suitability will be evaluated through the site
assessment procedures. The subdivider shall furnish such maps, data
and information as may be necessary to make a determination of land
suitability.
(2)
Should the plan commission determine that the land is unsuitable
for the intended use or development, it shall state its reasons in
writing to the subdivider within 30 days of initial plan commission
action. The subdivider may present additional evidence to support
the proposed subdivision. Upon review of the additional evidence,
the plan commission shall affirm, modify, or withdraw its determination
of unsuitability.
(3)
The subdivider may appeal the determination of unsuitability as provided
in the appeals procedure.
[Ord. No. 98-12, § III, 12-14-1998]
(a)
A certified survey map, preliminary plat or final plat shall not
be approved unless the plan commission and the common council determine
that adequate public facilities and public services are available
to meet the needs of the proposed subdivision.
(b)
The applicant shall furnish any data requested by the city engineer
who shall transmit this information to appropriate city commissions,
committees and boards for review and shall act as coordinator for
their reports to the plan commission and the common council on the
adequacy of water, sanitary and storm sewers, fire service, police,
parks and open space and recreation facilities, and transportation
facilities.
(c)
Public facilities and public services for a proposed subdivision
may be found to be adequate when the following conditions exist:
(1)
The proposed subdivision is located in an urban service area where
mainline interceptor sewer service is presently under construction,
or designated by the common council for extension of sewer service.
The plan commission and the common council shall also consider the
recommendations of the city engineer and the public works committee
on the capacity of trunk lies and of sewerage treatment facilities
and any other information presented.
(2)
The proposed subdivision is located within an urban service area
serviced by an arterial transmission water main with adequate capacity
for the proposed development or if the water distribution system that
is needed is under construction or scheduled for construction. The
plan commission and the common council shall consider the recommendations
of the city engineer and the public works committee on line capacities,
water sources and storage facilities as well as any other information
presented.
(3)
The city engineer and public works committee recommend to the plan
commission and the common council that adequate facilities are available
to insure the proper storm water management.
(4)
The park board recommends that future residents of the proposed subdivision
can be assured park, recreation and open space areas, facilities and
services that meet the standards of the park and opens space plan.
(5)
The police and fire commission shall verify that timely and adequate
service can be provided to the residents.
(6)
The proposed subdivision is accessible by existing publicly maintained,
all weather roads adequate to accommodate both existing traffic and
that traffic to be generated by the proposed subdivision, or necessary
additional roads and road improvements are budgeted for construction
with public or private financing, or public transportation service
sufficient to serve the subdivision in combination with the foregoing
is available or programmed for the area. The plan commission and the
common council shall consider the recommendations of other commenting
agencies and jurisdictions, and such factors as level of service,
average and peak use, and any other information presented.
(7)
Where the plan commission and the common council determine that one
or more public facilities or services are not adequate for the proposed
development, but that a portion of the area could be served adequately,
or that careful phasing of the development could result in all public
facilities and public services being adequate, conditional approval
may include only such portions or may specify phasing of the development.
[Ord. No. 98-12, § III, 12-14-1998]
In the case of all subdivisions, including minor subdivisions,
lot sizes shall conform to the area and width requirements of the
zoning code, unless otherwise modified by the provisions of this article.
[Ord. No. 98-12, § III, 12-14-1998]
(a)
Whenever a tract of land to be divided within the jurisdiction of
this ordinance encompasses all or any part of a street, highway, bikeway,
pedestrianway, greenway, environmental corridor, waterway, or a drainage
or utility easement designated in the master plan or official map,
the subdivider shall plat said public way in the locations and dimensions
indicated on said master plan or official map. The plan commission
shall determine whether said public way should be dedicated to the
public or reserved by the subdivider.
(b)
Whenever a tract of land to be divided within the jurisdiction of
this article encompasses all or part of a park site, open space or
other recreation area or school site designated in the master plan,
park and opens space plan, or official map, said public sites shall
be platted and dedicated or reserved by the subdivider at the discretion
of the plan commission in the locations and dimensions indicated on
said plans or map in accordance with the requirements of this article.
(c)
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 plan commission, the park commission, and public works
committee.
[Ord. No. 98-12, § III, 12-14-1998]
The provisions of this article shall not apply to:
(1)
Transfers 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 the zoning code
or other applicable laws or ordinances unless the parcels have been
part of a prior land division or subdivision.
(4)
Where sale or exchange of parcels involves only a change of lot lines,
that the land division may be approved by the zoning administrator
after a staff review to determine conformance with city ordinances.
[Ord. No. 98-12, § III, 12-14-1998]
The following policies shall govern the city planning commission
in approving division of land within the extraterritorial area in
order to protect rural character and farming viability, if the city
elects to apply its extraterritorial land division authority through
council resolution.
(1)
No land divisions (subdivisions nor minor subdivisions) as defined
in this ordinance will be permitted within the mile and 1/2 extraterritorial
limits of the city without approval of the city, per the procedures
in this article as applicable to land divisions within the city.
(2)
Land divisions (subdivisions and minor subdivisions) will be permitted
for farm-related dwellings and for rural residential dwellings, not
exceeding an overall density of one dwelling unit for 35 acres, exclusive
of the farmstead. Lots for nonresidential use will be handled on a
case-by-case basis. The standards used to review these land divisions
will be the same as the standards contained in the county exclusive
agricultural zoning district ordinances that are used for considering
rezonings. The only exception to this policy is that lots resulting
in the infill of existing subdivisions may be permitted.
(3)
The minimum density of residential development in the mile and 1/2
extraterritorial area shall be one acre. A smaller lot size may be
allowed if also approved by the respective town board.
(4)
The maximum density of residential development in the mile and 1/2
extraterritorial area shall be one dwelling unit for 35 acres, exclusive
of the farmstead.
(5)
The city will attempt to seek consistency of the city's plans
and locally adopted town plans. To the extent that the policies of
the city are more restrictive, the city's policies shall prevail.
All land divisions within the extraterritorial area will be subject
to the land reservation or dedication requirements of this ordinance.
This specifically means the following:
a.
Any waterway or storm water management area identified on the city
master plan or official map shall be dedicated in conformance with
requirements of this ordinance.
b.
Any lands falling within the limits of an environmental corridor,
as mapped by the city will be required to record a public open space
easement specifying that the use shall be consistent with conservancy
area zoning in the city zoning ordinance.
(6)
Lands falling within the first mile and a half of the extraterritorial
area shall be required to meet all of the development layout design
standards contained in this article.
(7)
All land divisions within the extraterritorial area will be required
to follow erosion control plans in compliance with this article.
(8)
All land divisions within the extraterritorial area shall pay the
required review fees contained in this article.
(9)
The plan commission may require placement of covenants or deed restrictions
that are deemed necessary and appropriate by the city planning commission
to protect the purpose and intent of the city's plans and ordinances.
Any such restrictions shall be placed on the face of the certified
survey map or on surrounding lands from which the lot or lots were
created to verify the density standard established herein.
(10)
If a variance is granted to the above provision the resulting division
of land shall conform to all of the pertinent regulations of this
article.
[Ord. No. 98-12, § III, 12-14-1998]
In all cases, the time period within which action is required
shall not begin until the town board, the staff serving the county
zoning committee, and the city have received all maps, drawings and
data required for plat approval.
(1)
No person, firm or corporation shall divide any land located within
the mile and 1/2 extraterritorial plat approval jurisdiction of the
city, without first filing an application and a certified survey map
for approval by the plan commission.
(2)
Pre-application procedure. Before filing an application for approval
of a certified survey, the subdivider shall consult with the department
of public works and shall prepare the following:
a.
Prepare a preliminary sketch for review and approval.
b.
Complete a site assessment checklist, or when required, an expanded
site assessment report required by this article, for review and approval.
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This procedure is intended to assist the developer in appraising
the objectives of these regulations, the master plan, the official
map and other pertinent city ordinances. The pre-application information
shall be submitted to the plan commission for review and approval.
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(3)
Following completion of the pre-application procedure, submittal
requirements for land divisions within the extraterritorial land division
jurisdiction enacted by common council resolution shall be identical
to those required for land divisions within the city limits.
[Ord. No. 98-12, § III, 12-14-1998]
A variance may be granted by the common council to permit a
parcel to be created by a proposed land division in the extraterritorial
review area when it is shown that the application satisfies the following
standards:
(1)
A finding of fact must be made that the purpose of the proposed parcel
is to be a lot for a dwelling unit which is to be occupied by a person
who, or a family at least one member of which earns a substantial
part of his or her livelihood from farm operations on the parcel,
and/or contributes work which is substantially needed in the farm
operation, and is the parent or child of the farm operator or the
spouse of the farm operator; and
(2)
A finding of public interest must be made that the proposed parcel
and use is reasonable upon consideration of these factors:
a.
The potential for conflict with agricultural use.
b.
The need of the proposed use for a location in an agricultural area.
c.
The availability of alternative locations.
d.
Compatibility with existing or permitted use on adjacent lands.
e.
The productivity of the lands involved.
f.
The location of the proposed use so as to reduce to a minimum the
amount of productive agricultural land converted.
g.
The need for public services created by the proposed use.
h.
The availability of adequate public services and the ability of affected
local units of government to provide them without a reasonable burden.
i.
The effect of the proposed use on water or air pollution, soil erosion
and rare or irreplaceable natural resources.
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When the site is zoned exclusive agricultural under the county
zoning ordinances, the plan commission shall defer to the county conditional
use decisions on the standards of (2), where such a county decision
is needed to establish the dwelling unit.
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(3)
The minimum parcel size allowable under (4) by variance is one acre,
exclusive of any area dedicated to the public.
(4)
If a variance is granted under this subsection the division of land
shall be subject to all other pertinent provisions of this and related
ordinances.
