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]
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]]
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.
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.
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:
(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]]
(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:
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.
