Jurisdiction of these regulations shall include all lands within the corporate limits of the municipality. 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, if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes and meet all specifications required by these regulations, the applicable zoning ordinance, or other applicable laws or ordinances.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 and meet all specifications required by these regulations, the applicable zoning ordinance, and other applicable laws or ordinances, subject to the review procedures described in § 375-21.
[Amended 9-8-2014 by Ord. No. 14-1[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Cemetery plats made under § 157.07, Wis. Stats.
[Amended 10-15-1997 by Ord. No. 97-6; 4-9-2001 by Ord. No. 01-3]
No person, firm, or corporation shall develop any land located within the jurisdictional limits of these regulations or divide any land located within the jurisdictional limits of these regulations so that such division results in a subdivision, minor land division, condominium plat, assessor's plat or replat as defined herein; no such subdivision, minor land division, condominium plat or assessor's plat or replat shall be entitled to recording; and no public street shall be laid out or public improvements made to land without compliance with all requirements of this chapter and the following documents:
A. 
Chapter 236, Wis. Stats.
B. 
Rules of the Wisconsin Department of Safety and Professional Services regulating lot size and lot elevation.
C. 
Rules of the Wisconsin Department of Transportation establishing regulations for access to and work within state highway rights-of-way and for the preservation of the public interest and investment in the highway system, including all provisions of Ch. Trans 233, Wis. Adm. Code, where applicable.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Duly approved Comprehensive Plan or Comprehensive Plan component of the municipality.
F. 
The Municipal Zoning Ordinance, if any, and all other applicable local and county ordinances.
G. 
A developer's agreement, satisfactory to the municipality, between the municipality and the developer, subdivider and/or owner.
H. 
Rules of the Waukesha County Department of Public Works establishing regulations for access to and work within county highway rights-of-way.
I. 
Rules of the Wisconsin Department of Administration.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
The Waukesha County Construction Site Erosion Control and Stormwater Management Ordinance.
K. 
The Waukesha County Code of Ordinances regarding regulation of private sewage systems, Ordinance No. 151-34, regulating all land to be divided by subdivision plat process which is not served by public sewer and where provision for such service have not been made.
L. 
The Town of Genesee Land Division Review Checklist, as adopted by the Town Board of the Town of Genesee by separate resolution, including any amendments that may be made thereto from time to time.
A. 
Streets, highways, and drainageways and floodplain. Whenever a tract of land to be divided or developed within the jurisdiction of this chapter encompasses all or any part of a street, drainageway, floodplain or other public way which has been designated on a duly adopted municipal or regional comprehensive plan or comprehensive plan component or is in any way determined to be such by the Plan Commission or governing body, said public way shall be dedicated or reserved by the owner in the locations and dimensions indicated on said plan or component and as set forth in Article VII of this chapter.
B. 
Parks, playgrounds and public sites. Whenever a tract of land to be divided or developed within the municipality encompasses all or any part of a park, playground, or public site which has been designated on a duly adopted municipal or regional comprehensive plan or comprehensive plan component or is in any way determined to be such by the Plan Commission or governing body, said park, playground, or public site shall be dedicated or reserved by the owner in the locations and dimensions indicated on said plan and in accordance with the procedures set forth in § 375-55 of this chapter.
[Amended 9-8-2014 by Ord. No. 14-1]
Before final approval of any land division or development located within the jurisdictional limits of this chapter, the owner shall install all improvements as hereinafter provided, subject to the following exception: if the developer chooses to provide a letter of credit as a financial guarantee for the installation of the public improvements on a form approved by the Town Attorney and in an amount approved by the Town Engineer, the final plat may be approved prior to installation of the improvements. The owner shall, before commencing with any improvements, enter into a developer's agreement with the Town of Genesee agreeing to install the required improvements and shall file with said agreement cash or a letter of credit meeting the approval of the Town Attorney in an amount equal to the estimated construction cost of the improvements plus 20% of said cost and the fees, said estimate to be made by the Town of Genesee Engineer, as a guarantee that such improvements will be completed by the owner or its subcontractors not later than the date or dates provided in the agreement and as a further guarantee that all obligations for work on the development are satisfied. In addition:
A. 
Contracts and contract specifications for the construction of 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 Town of Genesee Engineer.
B. 
Survey monuments. Before final approval of any land division within the Town of Genesee, the owner shall install survey monuments placed in accordance with requirements of § 236.15, Wis. Stats., and as may be required by the Town of Genesee.
[Amended 7-12-1999 by Ord. No. 99-4]
A. 
Waiver or modification of provisions. A petitioner may request that the municipality waive or modify enforcement of one or more provisions of this chapter, as follows:
(1) 
Written request. The petitioner shall submit a written request for a waiver or modification to the Municipal Clerk. In the written request for the waiver or modification, the petitioner shall specify the specific provision that the petitioner requests the municipality to waive or modify and petitioner's reasons for requesting the same.
(2) 
Referral to Plan Commission and governing body. Upon receipt of a written request for a waiver or modification, the Municipal Clerk shall, within a reasonable time, place the matter on a Plan Commission and a governing body agenda for review and action.
(3) 
Considerations. The Plan Commission and governing body shall each make a determination which shall include consideration, but not necessarily an affirmative finding, of the following factors:
(a) 
Whether the request for a waiver or modification, it granted, would be consistent with the general intent of this chapter.
(b) 
Whether the request for a waiver or modification, if granted, would adversely affect property owners in the surrounding area.
(c) 
Whether the request for a waiver or modification, if granted, would benefit the petitioner's project in a way that is not inconsistent with the municipality's interests.
(d) 
Whether the petitioner is in full compliance with applicable ordinances and agreements with the municipality.
(e) 
Whether, instead of granting the request for a waiver or modification, this chapter itself should be changed to accommodate the kind of situation presented by the petitioner.
(4) 
Grant or denial of request for a waiver or modification. After considering the above-listed factors and any other factors that may be relevant to the matter, the Plan Commission and governing body shall then each independently determine whether it is objectively reasonable to grant the request for a waiver or modification. A waiver or modification may be granted without making an affirmative finding concerning any one or more of the above-listed factors if, on the whole, it is objectively reasonable to do so. If a majority vote of the entire membership of both the Plan Commission and governing body determines that it is objectively reasonable to grant the request, then the waiver or modification shall be deemed granted as of the date that the second of the two determinations is made. If a majority vote of the entire membership of either the Plan Commission or the governing body, or both of them, does not approve the request, then the request is denied.
(5) 
Past noncompliance not waived. A waiver or modification that is granted pursuant to a written request as described in this section shall not waive any fines, forfeitures or other penalties that may have accrued due to violations of this chapter that took place prior to the date of the request being granted, unless specifically stated otherwise in the decision of the governing body.
B. 
Monument deferral. The governing body may defer the placing of monuments, required under § 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time on condition that the owner provide the municipality with cash or a letter of credit, in an amount specified by the governing body, to ensure the placing of such monuments within the required time limits established by the municipality.
A. 
No land shall be divided or developed which is determined to be unsuitable for the proposed use by the Plan Commission or governing body 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 municipality. In addition:
(1) 
Lots. Each lot shall have at least 50% of its required area in the same zoning district as the zoning district where the building site is to be located.
(2) 
Floodlands. Each lot shall have at least 50% of its required lot area above an elevation at least two feet above the elevation of the one-hundred-year reoccurrence interval flood or, where such data is not available, five feet above the minimum flood of record.
(3) 
Lands made, altered, or filled with nonearth materials within the preceding 20 years shall not be divided into building sites which are to be served by soil absorption sewage disposal systems.
(4) 
Lands made, altered, or filled with earth within the preceding seven years shall not be divided or developed into building sites which are to be served by on-site soil absorption sewage disposal systems.
(5) 
Steep slopes.
[Amended 10-15-1997 by Ord. No. 97-6; 4-9-2001 by Ord. No. 01-3]
(a) 
Each lot shall have 50% of its minimum required lot area or 20,000 square feet, whichever is less, in slopes equal to or less than the applicable slope shown in Table 1 below.
(b) 
In addition, each lot shall have a minimum of 10,000 contiguous square feet within the building envelope of the lot in slopes equal to or less than the applicable slope shown in Table 1 below.
Table 1: Steep Slopes
Lot Size
Slope
Lots in excess of 2 acres*
20%
Lots in excess of 1 acre but less than or equal to 2 acres*
15%
Lots 1 acre or less
12%
*
Any lot, regardless of size, in which a portion of the lot contains a primary environmental corridor as identified by the Southeast Wisconsin Regional Planning Commission shall use the twelve-percent limit.
(6) 
Required open space. Any portion of the lot area with slopes in excess of the limit set forth in Subsection A(5) is to be maintained as open space.
[Amended 10-15-1997 by Ord. No. 97-6; 4-9-2001 by Ord. No. 01-3]
(7) 
Soils tests required. Lands to be divided or developed into building sites to be served by soil absorption sewage disposal systems shall have a minimum of one soil test performed per lot, indicating that the lot(s) and building site(s) can support a conventional or mound type of soil absorption sewage disposal system in compliance with Department of Safety and Professional Services codes, including but not limited to Chs. SPS 383 and 385, Wis. Adm. Code, and all amendments thereto.
[Amended 10-15-1997 by Ord. No. 97-6; 4-9-2001 by Ord. No. 01-3]
(8) 
Lands drained by farm drainage tile or farm ditch systems shall not be divided or developed into building sites to be served by on-site soil absorption sewage disposal systems.
(9) 
Spite strips may not be created by any division of land.
(10) 
Remnants. All remnant parcels must be part of the plat or map unless specifically waived by the Plan Commission and governing body.
[Amended 3-13-2006 by Ord. No. 06-2]
(11) 
Access restrictions.
[Added 10-15-1997 by Ord. No. 97-6; amended 3-13-2006 by Ord. No. 06-2]
(a) 
Lands being developed which abut the Town roads identified as collector streets will be limited to the number of accesses, whether driveways or intersections, as follows:
[1] 
Frontage of property up to 600 feet equals one access.
[2] 
Frontage of property from 600 feet to 1,500 feet equals two accesses.
[3] 
Frontage of property from 1,500 feet to 2,500 feet equals three accesses.
[4] 
Frontage of property from 2,500 feet to one mile equals four accesses.
(b) 
These collector streets are as set forth on Exhibit A attached hereto, as adopted by the Town Board and all amendments thereto. The Town Board reserves the right to amend Exhibit A without the necessity of a public hearing.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B. 
The Plan Commission or governing body, 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 development or division and afford the owner an opportunity to present evidence in rebuttal to such finding of unsuitability if so desired. Thereafter the Plan Commission or governing body may affirm, modify, or withdraw its determination of unsuitability.
The Plan Commission or governing body may require submission of a draft of protective covenants whereby the owner intends to regulate land use in the proposed division or development and otherwise protect the proposed development. The Municipal Attorney shall review all covenants and shall approve covenants as to form.
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 municipality authorizing the building on, or improvement of, any subdivision, minor land division, condominium plat, assessor's plat 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 municipality may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.
A. 
Penalties.
(1) 
In addition to, and not to the exclusion or prejudice of, the specific penalties provided in this chapter, each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.
[Amended 9-12-1994 by Ord. No. 94-6[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include and the same are hereby adopted:
(a) 
Recordation improperly made carries penalties as provided for in § 236.30, Wis. Stats.
(b) 
Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31, Wis. Stats.
(c) 
Monuments disturbed or not placed carries penalties as provided for in § 236.32, Wis. Stats.
B. 
An assessor's plat made under § 70.27, Wis. Stats., may be ordered as a remedy by the municipality, at the expense of the owner, when a subdivision as defined herein is created by successive divisions.
C. 
All penalties provided for herein shall be in addition to any penalties imposed by any other governmental body.
D. 
Any penalties not paid shall be special charges against the real estate involved and may be so assessed and collected by the municipality under § 66.0627, Wis. Stats.
Any person aggrieved by an objection to a division or development or a failure to approve a division or development 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 division or development. 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 remand the matter back to the municipality for further review and action if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.