The jurisdiction of this chapter shall include all land, water
and air within the Town. In no instance shall the provisions of this
chapter apply to the following:
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.
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,
the Town Zoning Code, or other applicable laws or ordinances.
No person shall divide any land located within the jurisdictional
limits of this chapter which results in a subdivision, minor subdivision
or a replat as defined herein; no such division or replat shall be
entitled to record and no street shall be laid out or improvements
made to land without compliance with all requirements of this chapter,
and:
A.
Provisions of Ch. 236, Wis. Stats., rules of the state 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.
B.
Rules of the state setting water quality standards, preventing and
abating pollution and regulating septic systems.
C.
Rules of the state 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.
Duly approved comprehensive plans, regional plans, county plans or
a comprehensive plan component, including the Zoning Code and Official
Map adopted by the Town.
E.
Applicable local and county ordinances.
For the purposes of these regulations, the following terms are
defined:
The Town or county.
A map intended to be recorded and prepared in accordance
with § 236.34, Wis. Stats.
The Waukesha County Park and Planning Commission.
A minor street closed at one end with a turnaround provided.
The Department of Administration.
A subdivision or minor subdivision.
The map or plat which is prepared for recordation in the
Register of Deeds office.
A continuous or semicontinuous park, open space area or drive,
usually along a watercourse or park, where the land is owned or reserved
for public or semipublic purposes.
The Town Planning Commission.
The map and related documents, which are intended to be recorded
with and referenced, of a subdivision or minor land division, showing
the division of the land into lots, blocks, outlots, streets or other
required information.
The preliminary drawing or drawings described in this chapter,
indicating the proposed manner or layout of streets, lots and blocks
of the subdivision or development.
The changing of the boundaries of a recorded plat or part
thereof.
Any person, firm, corporation, etc., engaged in the act of
subdividing land, including condominium developments.
[Amended 8-4-2003]
The division of land by the owner, subdivider, or his successor
in title, for the purpose of transfer of ownership or building development,
where the division creates more than four residential lots less than
1.5 acres in five years or where the division creates more than six
residential parcels or building sites of any size within five years.
[Amended 7-16-2001]
Any division of land other than a major subdivision as defined
herein.
The Town Board.
In order that adequate open spaces and sites and other facilities
for public use may be properly located and preserved as the Town develops,
and in order that the cost of providing Town services such as park
and recreation sites, police and fire protection, capital improvements
for Town facilities, excluding expenditures for school facilities,
and other services of the Town deemed necessary to serve the increased
population resulting from the subdivision development may be most
equitably apportioned on the basis of the additional needs and demands
created by such development, the following provisions are established
for all major and minor subdivisions defined herein:
A.
The subdivider shall dedicate an amount of land equal to one acre
or fraction thereof for every 10 dwelling units being proposed. This
land being dedicated and its location shall be subject to acceptance
by the Town and shall be in a suitable location to fulfill the needs
of the community. Lands unsuitable for residential development may
be dedicated to fulfill the above obligation only upon acceptance
by the Town.
B.
Where a development contains land indicated in whole or in part as
a site for a public park, recreation area or other public use, not
including schools, on an official plan of the Town which has been
adopted prior to submission of a preliminary plat for approval, the
land shall be dedicated to the Town if the Town desires the land,
in an amount equal to one acre of land for every 10 dwelling units.
However, where such official plans call for a larger tract of land
than would be set aside if the above standard were applied, the subdivider,
in lieu of dedicating the land (in excess of one acre for every 10
dwelling units), shall reserve the land for acquisition by the Town
for a period not to exceed three years.
C.
Where a development abuts a public use area such as a park, lake, stream, hunting grounds or any similar type of public recreational area, the subdivider, at the option of the Town, may provide a pedestrian access easement not less than 20 feet wide connecting such public area with a public street. If it is deemed to be in the public interest by the Town to reserve additional area for proper development of the public access as may be required in Subsections B and C, the subdivider shall reserve for acquisition by the Town a tract of land adjacent to or elsewhere at the request of the Town, which in the judgment of the Town will adequately serve the public interest. Such tract shall be reserved for a period of three years from the date of recordation of the plat or certified survey map; and if not acquired within that time, it shall be released for disposal by the owner.
D.
Where the proposed division abuts an existing state, county or Town
road, the subdivider shall be required to dedicate any additional
lands abutting the road in accordance with the width as required by
the Established Street and Highway Width Map of Waukesha County or
any other officially approved plan in effect within the area. Where
it is indicated on any officially approved Town or county plan that
a new highway is proposed to be located, appropriate provisions shall
be made to reserve or set aside an adequate amount of land necessary
for the highway to be acquired by the jurisdiction responsible for
the construction of that facility.
E.
The dedication of land for public purposes, such as rights-of-way,
parks, easements, etc., becomes effective at the time of approval
and recording of the final plat. The acceptance of the constructed
roadway for maintenance purposes shall be by separate resolution adopted
by the Town.
F.
On sites reserved for eventual public acquisition, no building development
is permitted on those sites during the period of reservation. The
reservation period shall not be longer than three years unless arranged
otherwise with the subdivider. Land so reserved must be shown on the
final plat or on the certified survey map.
G.
Fee in lieu of required dedication. Where the application of the area standards of Subsection A would result in an open space, recreation site or site for the location of other Town facilities which would be too small to be usable, or if a comprehensive plan or component thereof calls for such local public site to be located elsewhere, or if a suitable local public site cannot be properly located in the development as determined by the Town, or in the event other capital expenses are deemed more appropriate and necessary to serve the increased population resulting from the subdivision development, a payment of a fee in lieu of dedication of such land shall be required as follows:
[Amended 8-4-2003]
(1)
The amount of the fee shall be $250 per dwelling unit.
(2)
All payments made shall be placed in an nonlapsing fund with the
Township to be used exclusively for the acquisition and development
of land and capital improvements as set forth above. Any interest
gained on the investment may be deposited in the general fund of the
Town. For major or minor subdivisions, either by way of certified
survey map or platting, payment shall be made, for each lot created,
at the time of certified survey map or final plat approval. For all
condominium developments, payment shall be made as provided for in
the development agreement.
(3)
Where the division results in the creation of not more than one additional
lot, parcel or residual parcel, payment shall be required only for
the newly created parcel. Where a payment has been made on a parcel
prior to its division, payment shall be made only for the additional
parcel created. No payment is required for a parcel on which a permanent
residential structure has existed for at least one year prior to the
date of the division.
Before final approval of any plat or map located within the
Town, the subdivider shall install street and utility improvements
as provided below. If such improvements are not installed as required
at the time that the final plat or certified survey map is submitted
for approval, the subdivider shall, before the recording of such plat
or map, enter into a contract (subdivider's agreement) with the Town
agreeing to install the required improvements and shall file with
the contract sureties meeting with the approval of the Town Attorney
or a certified check in an amount equal to the estimated cost of the
improvements, the estimate to be made by the Town Engineer, as a guarantee
that such improvements will be completed by the subdivider or his
subcontractor as required by and within the time provided for in the
subdivider's agreement and as a further guarantee that all obligations
to subcontractors for work on the development are satisfied.
A.
Contractors and subcontractors who are to be engaged in the construction
of street and utility improvements on dedicated street rights-of-way
shall be subject to the approval of the Town Engineer.
B.
Governmental units to which these surety and contract provisions
apply may file, in lieu of the contract and bond, a letter from officers,
authorized to act on their behalf, agreeing to comply with the provisions
of this chapter.
C.
Survey monuments shall be in place before final acceptance of the
development, and the subdivider shall ensure that installation of
survey monuments are placed in accordance with the requirements of
Ch. 236, Wis. Stats., and as may be required by the Town Engineer.
A.
No land
shall be subdivided for residential use which is deemed by the Town
unsuitable for such use by reason of flooding, inadequate drainage,
adverse soil or rock formations, unfavorable topography, and other
features likely to be harmful to the health, safety or welfare of
the future residents of the proposed subdivision or the community.
In applying the provisions of this section, the Town shall, in writing,
recite the particular facts upon which it bases its conclusions that
the land is not suitable for residential use and afford the subdivider
an opportunity to present evidence regarding such unsuitability, if
he so desires. Thereafter, the Town may affirm, modify or withdraw
its determination of unsuitability.
B.
In addition
to the above, the following criteria are to be adhered to:
(1)
All lands to be subdivided shall be at least two feet above the elevation
of the one-hundred-year recurrence interval flood or, where such data
are not available, five feet above the elevation of the maximum flood
on record.
(2)
No building sites shall be created which do not meet the standards
as established in Ch. Comm 85, Wis. Adm. Code, and the Waukesha County
Community Health Code.
(3)
Large-scale grading for the purpose of creating lots on excessive
slopes will not be permitted.
