The regulations of this chapter are adopted under the authority
granted by §§ 61.35, 62.23, 66.0105, 236.02(5), 236.10(1)(b)
and (2) and 236.45, Wis. Stats.
The purpose of this chapter is to regulate and control the division
of land within the limits of the Village and within the Village's
extraterritorial jurisdiction in order to promote the public health,
safety, morals, prosperity, aesthetics, and general welfare of the
Village.
It is the general intent of this chapter to regulate the division
of land so as to:
A.
Obtain the wise use, conservation, protection, and proper development
of the Village'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;
B.
Lessen congestion in the streets and on the highways;
C.
Further the orderly layout and appropriate use of land;
D.
Provide for safety from fire, panic and other dangers;
E.
Provide adequate light and air;
F.
Facilitate adequate provision for housing, transportation, water
supply, stormwater, wastewater, schools, parks, playgrounds, and other
public facilities and services;
G.
Secure safety from flooding, water pollution, disease and other hazards;
H.
Prevent flood damage to persons and properties and minimize expenditures
for flood relief and flood control projects;
I.
Prevent and control erosion, sedimentation, and other pollution of
surface and subsurface waters;
J.
Preserve natural vegetation and cover and promote the natural beauty
of the Village;
K.
Restrict building sites on areas covered by poor soils or in other
areas poorly suited for development;
L.
Facilitate the further division of larger tracts into smaller parcels
of land;
M.
Ensure adequate legal description and proper survey monumentation
of subdivided land;
N.
Provide for the administration and enforcement of this chapter;
O.
Provide penalties for its violation; and
P.
Implement those Village, county, watershed, or regional comprehensive
plans or their components adopted by the Village, and in general to
facilitate enforcement of Village development standards as set forth
in any plans, plan components, codes or ordinances adopted by the
Village.
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 special public way affording only secondary access to abutting
properties.
An urban or rural street used, or intended to be used, primarily
for fast or heavy interneighborhood or intercommunity through traffic.
"Arterial street" shall include freeways and expressways as well as
standard arterial streets, highways and parkways.
A line generally parallel to the street lot line and at a
specified minimum distance from such lot line as set forth in the
Village Zoning Ordinance and which delineates the street side of the
buildable area of the lot or parcel.
An urban street used, or intended to be used, to carry traffic
from minor streets to arterial street systems, including the principal
entrance streets to urban residential subdivisions.
An incorporated municipality or a group of adjacent towns
and/or incorporated municipalities having common social, economic
or physical interest or characteristics.
An extensively developed plan, also called a "master plan,"
adopted by the Village Plan Commission and certified to the Village
Board pursuant to § 62.23, Wis. Stats., including proposals
for future land use, transportation, redevelopment, utilities and
public facilities. Devices for the implementation of such plans, such
as zoning, official map, land division, and building codes or ordinances
and capital improvement programs, may also be considered a part of
the Comprehensive Plan.
Lands not separated by streets, navigable streams or rivers,
lakes, railroads or other physical barriers or ownerships.
The agency of the county government in the county having
land division plat review and approval authority.
A minor street closed at one end with a turnaround provided
for the safe movement of motorized vehicles.
A stormwater pond or structure designed to provide temporary
retention and control of stormwater runoff via a surface outlet.
Any person, firm, or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a land division or replat.
A contract between a developer and a municipality that describes
the obligations of both parties regarding a private development project.
[Added 8-21-2014 by Ord. No. 2014-8-1]
Agricultural, residential, recreational, and other open space
development at such concentrations and densities not requiring traditional
urban services and facilities. Historically, in southeastern Wisconsin,
when residential development densities are less than 0.2 dwelling
unit per gross acre (or one dwelling unit per five acres), such traditional
urban services are not required. Such rural development may be expected
to result in minimum disturbance of the land and land cover, and therefore,
less impact on the natural environment.
Residential, commercial, industrial, governmental, and institutional
development in sufficient concentrations or densities to require a
variety and high level of traditional urban services and facilities,
including but not limited to full-time or part-time municipal police
and fire protection and community administration; additional public
streets and highways; neighborhood parks and playgrounds; neighborhood
schools; local libraries; public solid waste removal; storm sewers;
mass transit facilities; continual street maintenance; curbs, gutters,
and sidewalks; street lighting; and neighborhood convenience shopping.
Such development may be expected to alter or require the altering
of land and land cover and have a detrimental impact on the groundwater
and surface water. Historically, in southeastern Wisconsin, urban
development occurs when residential development is concentrated in
large areas at densities in excess of 0.2 dwelling unit per gross
acre (or one dwelling unit per five acres).
Linear areas of the natural landscape containing concentrations
of both land and water resources as defined and delineated by the
Southeastern Wisconsin Regional Planning Commission. Such environmental
corridors are a composite of the most important individual elements
of the natural resource base and, generally, have immeasurable environmental,
ecological, and recreational value.
As applied to the Village, the unincorporated areas within
1 1/2 miles of the Village, and as applied to other cities and
villages shall mean the unincorporated area within 1 1/2 miles
of a fourth-class city or a village and within three miles of all
other cities which have established a land division control ordinance
pursuant to § 236.02(5), Wis. Stats. Wisconsin Statutes
§ 66.0105 shall control determinations respecting overlapping
extraterritorial jurisdictions.
The vertical portion of the curb facing the pavement on a
nonmountable curb. On mountable curbs, the curb face is computed to
be at a point 12 inches from the outside edge of the curb.
Those lands, including the floodplains, flood fringe, floodways,
and channels, subject to inundation by the one-hundred-year recurrence
interval flood or, where such data is not available, the maximum flood
of record.
A minor street auxiliary to and located adjacent to an arterial
street and used to control access to the arterial street and to provide
access and service to abutting properties.
The highest elevation to which subsurface water rises. This
may be evidenced by the actual presence of water during wet periods
of the year or by soil mottling during drier periods. The term "mottling"
is a variation of soil colors. In soils with restricted internal drainage,
gray, yellow, red, and brown colors are intermingled giving a multicolored
effect.
The average annual high water level of a pond, stream, lake,
flowage, or wetland referred to an "established datum plane" or, where
such elevation is not available, the elevation of the line up to which
the presence of the water is so frequent as to leave a distinct mark
by erosion, change in or destruction of vegetation, or other easily
recognized topographic, geologic, or vegetative characteristic.
Entry/exit.
Any division of land which results in the creation of additional
lots, parcels, or tracts of land.
A written letter engagement by a commercial bank made at
the request of the developer whereby the issuer will honor drafts
or other demands for payment upon compliance with the conditions specified
in the letter of credit.
A parcel of land, whether acquired by one or more conveyances,
having frontage on a public or other officially approved means of
access, occupied, or intended to be occupied, by a principal structure
or use and sufficient in size to meet the lot width, lot frontage,
lot area, yard, parking area, and other space provisions of the Village
Zoning Ordinance or this chapter and other Village codes, chapters,
and ordinances.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side.
A lot which has opposite lot lines along two substantially
parallel streets and which is not a corner lot. Both street lines
on a double frontage lot shall be deemed street front lot lines, but
in the case of two or more contiguous double frontage lots, there
shall be a common front lot line.
Any division of land not defined as a subdivision which results
in one or more new parcels and the division of a block, lot or outlot
within a recorded subdivision plat or recorded certified survey map,
provided that areas previously dedicated to the public are not altered
thereby.
A street used, or intended to be used, primarily for access
to abutting properties.
An incorporated village or city.
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreational purposes at any time
of the year.
A parcel of land, other than a lot or block, so designated
on the plat, but generally not of standard lot size, which is used
to convey or reservice parcels of land for purposes other than residential
development and which may be either redivided into lots or combined
with one or more other adjacent outlots or lots in adjacent land divisions
in the future for the purpose of creating buildable lots.
A surety bond issued by an insurance company or a bank guaranteeing
performance of a contract or obligation through forfeiture of the
bond if said contract or obligation is unfulfilled.
[Added 8-21-2014 by Ord. No. 2014-8-1]
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of official preliminary
consideration.
Any improvement that is to be kept and managed by the property
owners within the development.
[Added 8-21-2014 by Ord. No. 2014-8-1]
Any improvement that is to be dedicated to the Village of
Richfield, Washington County, or any other governmental division,
which shall thereafter be responsible for the ongoing maintenance
and operation of such improvement; and otherwise private improvements
that are required to be made by the Village of Richfield as part of
the development project, or for which the Village of Richfield has
enforcement authority.
[Added 8-21-2014 by Ord. No. 2014-8-1]
Any public road, street, highway, walkway, drainageway, easement,
or part thereof.
The changing of the exterior boundaries of a recorded land
division or part thereof.
A stormwater pond or structure designed to provide temporary
or permanent retention of storm runoff via evaporation or soil absorption.
Those lands, in the Village, lying within 1,000 feet from
the high water elevation of navigable lakes, ponds, and flowages or
300 feet from the high water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
An area inscribed on the operational soil survey maps prepared
by the United States Natural Resources Conservation Service and designated
by soil type, slope, and erosion factor.
The division of land by the owner thereof, any successor
in interest or any agent of either, where the act of division creates:
The employee or contracted consultant who is designated to
perform the duties and functions, as determined by the Administrator
or his/her designee.
Those lands which are partially or wholly covered by marshland
flora and generally covered with shallow standing water or lands which
are wet and spongy due to a high water table.
The rules of administrative agencies having rule-making authority
in the state, published in a loose-leaf, continual revision system
as directed by § 35.93, Wis. Stats., and Ch. 227, Wis. Stats.,
including subsequent amendments to those rules.
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; 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 Village and shall not be deemed a limitation
or repeal of any other power granted by statute.
Jurisdiction of this chapter shall include all lands within
the limits of the Village and within the Village's extraterritorial
jurisdiction. The provisions of this chapter shall not apply to:
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;
and
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 minimize sizes and meet all specifications required by this chapter, the Village Zoning Ordinance, or other applicable laws and ordinances, subject to the procedures and requirements set forth in § 330-21.1 of this chapter.
[Amended 8-21-2014 by Ord. No. 2014-8-2]
No person shall divide any land located within the Village or
within the Village's extraterritorial jurisdiction which results
in a subdivision, minor land division or a replat; no such subdivision,
minor land division or replat shall be entitled to recording; and
no street shall be laid out or physical improvements made to land
without compliance with all requirements of this chapter and the following
documents:
A.
Wisconsin Statutes Ch. 236;
B.
Rules of the State Department of Safety and Professional Services,
Ch. SPS 383, Wis. Adm. Code, 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;
C.
Rules of the State Department of Natural Resources relating to water
quality and wetland development;
D.
Rules of the State Department of Transportation 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 developer
abuts on a state trunk highway or connecting street;
E.
Duly adopted Comprehensive Plan or Comprehensive Plan component of
the Village; and
F.
The Village's zoning regulations in the Zoning Ordinance and
supplements and amendments thereto, and all other applicable Village
codes, chapters and ordinances.
A.
Streets, highways, and drainageways. Whenever a tract of land to be divided within the Village encompasses all or any part of an arterial or collector street, drainageway, or other public way which has been designated on a Village, county, or regional Comprehensive Plan or Comprehensive Plan component adopted by the Village or county, such public way shall be made a part of the plat and dedicated or reserved by the developer in the locations and dimensions indicated on such plan or map and as set forth in Article VI of this chapter.
B.
Public sites. Whenever a tract of land to be divided within the Village
encompasses all or any part of a public site which has been designated
on a Village, county, or regional Comprehensive Plan or Comprehensive
Plan component adopted by the Village or county, such public site
shall be made a part of the plat and dedicated or reserved by the
developer in the locations and dimensions indicated on such plan.
Where the developer proposes a park or playground, the Village may
require that any such park or playground be made an outlot and be
privately owned and held in joint ownership by and maintained for
the benefit of the owners of lots within the subdivision.
[1]
Editor's Note: Former § 330-10, Improvements, was
repealed 8-21-2014 by Ord. No. 2014-8-1.
Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of Articles VI and VII of this chapter because exceptional or undue hardship would result, the Village Board, upon recommendation of the Village Plan Commission, may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted, however, unless the Village Board makes a specific finding based on documented evidence that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
A.
Exceptional circumstances. There are exceptional, extraordinary,
or unusual circumstances or conditions where a literal enforcement
of the requirements of this chapter would result in severe physical
hardship. Such hardships should not apply generally to other properties
or be of such a recurrent nature as to suggest that this chapter should
be changed.
B.
Preservation of property rights. Such variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other properties in the same vicinity.
C.
Absence of detriment. The variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose and spirit of this chapter or the public interest.
[Added 1-22-2015 by Ord.
No. 2015-01-01]
A.
Generally. Upon petition, the Village Board may approve a certified survey map where one or more of the parcels do not comply with one or more of the dimensional standards in this chapter and/or in Chapter 70 of the Richfield Code of Ordinances, titled "Zoning,"[1] provided one of the following circumstances exist:
(1)
An existing principal building or accessory building crosses
a common property boundary line and the affected property owners submit
a joint application, and the lot line cannot be adjusted in a way
that results in legal conforming lots and setback and offset compliance
for existing structures.
(2)
A person owns three or more adjoining legal nonconforming lots
and the resulting number of parcels is reduced (e.g., three legal
nonconforming lots are reconfigured to form two lots, one or both
of which are substandard).
(3)
The certified survey map is for one lot and is used to establish
the boundary of such nonconforming parcel.
(4)
Any circumstance where the nonconforming lot is no less nonconforming
than currently exists (i.e., a nonconforming lot is three acres and
after reconfiguration is three acres or larger).
B.
Submittal requirements. In addition to the features normally depicted
on a preliminary certified survey map, the following shall be depicted:
(1)
Existing lot lines to be removed by the certified survey map.
(2)
The location of all existing wells and sanitary systems and
other improvements not otherwise depicted on a preliminary certified
survey map.
(3)
The measurement between the proposed lot line and any structure
that will not comply with any setback requirement established in this
chapter or the Village's zoning regulations.
(4)
Any other information requested by the Plan Commission or Village
Board deemed necessary to render a decision under this section. If
the applicant is willing to provide the requested information, the
time clock shall be suspended until such time the Plan Commission
or Village Board reviews such information at a regular or special
meeting. If the applicant is not willing to provide the requested
information, the Plan Commission and Village Board shall act on the
information submitted by the applicant. Failure to provide the requested
information shall constitute a sufficient reason to deny the creation
of substandard lots.
C.
Basis of decision. The Plan Commission may only recommend approval
and the Village Board may only approve a certified survey map with
one or more substandard lots upon a finding that:
D.
Imposition of conditions. The Plan Commission may recommend and the
Village Board may impose one or more conditions of approval deemed
necessary to further the intent and purposes of this chapter and the
Village's zoning regulations.
E.
Required notes on the certified survey map.
(1)
If a certified survey map is approved with one or more substandard
lots, a notation shall be shown on the face of the survey substantially
as follows:
|
Parcel ___ is a substandard lot and was approved by the Village of Richfield under authority of § 330-11.1 of the Richfield Code of Ordinances. Such parcel shall comply with all applicable regulations relating to legal nonconforming lots which may now exist or which may be established by the Village of Richfield.
|
(2)
If a certified survey map is approved with a parcel that contains
an existing structure that does not comply with setback standards
in the Village's zoning regulations, a notation shall be shown
on the face of the survey substantially as follows:
|
Parcel ___ contains an existing structure that does not comply
with setback standards in the Village's zoning regulations in
effect on the date this certified survey map was approved by the Village
of Richfield. Such structure shall comply with all applicable regulations
relating to legal nonconforming structures which may now exist or
which may be established by the Village of Richfield.
|
No land shall be divided or subdivided for residential use which
is determined to be unsuitable for such use by the Village Board for
reason of flooding, inadequate drainage, adverse soil conditions,
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 land division or the Village.
A.
Determination
of suitability shall be based upon the following:
(1)
Floodlands. No lot of 25,000 square feet or less in area shall include
floodlands. All lots more than 25,000 square feet in area shall contain
not less than 25,000 square feet of land which is at an elevation
at least two feet above the elevation of the one-hundred-year recurrence
interval flood, or where such data is not available, five feet above
the maximum flood of record.
(2)
Land zoned as lowland conservancy. No lot of 25,000 square feet or
less in area shall include lands zoned or designated as lowland conservancy.
All lots more than 25,000 square feet in area shall contain not less
than 25,000 square feet of land area which is not delineated as lowland
conservancy.
(3)
Lots made, altered, or filled entirely with non-earth materials shall
not be divided into residential building sites.
(4)
Lots made, altered, or filled entirely with earth within the preceding
seven years shall not be used for on-site soil absorption sanitary
sewage disposal system fields.
(5)
Lots proposed to be served by conventional on-site soil absorption
sanitary sewage disposal systems, including mound systems, shall have
not less than 10,000 square feet in slopes of less than 20%.
(6)
Lots proposed to be served by nonconventional on-site soil absorption
sanitary sewage disposal systems shall have not less than 15,000 square
feet in slopes of less than 12%.
(7)
Lands having bedrock or groundwater within five feet of the natural
undisturbed surface shall not be used for residential building sites
to be served by conventional on-site soil absorption sanitary sewage
disposal systems.
(8)
Standards of the Department of Safety and Professional Services for
soil percolation.
(9)
Certain soil types identified by both their alphabetical and numerical
symbols and used by the United States Department of Agriculture, Natural
Resources Conservation Service, and the Southeastern Wisconsin Regional
Planning Commission, respectively, and which have very severe or severe
limitations for the use of on-site soil absorption sanitary sewage
disposal systems may only be included in residential building sites
where public sanitary sewerage facilities are not available if such
building sites contain not less than 25,000 square feet of other soils
which are rated suitable for building construction and installation
of an on-site soil absorption sanitary sewage disposal system.
(10)
Lands artificially drained by drainage tile or ditch systems
for the purpose of lowering the water table shall not be used for
residential building sites to be served by on-site soil absorption
sanitary sewage disposal system.
B.
The Village
Board, upon recommendation of the Village Plan Commission, in applying
the provisions of this section, shall, in writing, recite the particular
facts upon which it concludes that land is unsuitable for residential
use and shall afford the developer an opportunity to present evidence
in rebuttal to such finding of unsuitability if he so desires. Thereafter,
the Village Board may affirm, modify, or withdraw its determination
of unsuitability.
It shall be unlawful to build upon, divide, convey, record or
place monuments on any land in violation of this chapter or the statute,
and no person shall be issued a building permit by the Village authorizing
the building on, or improvement of, any subdivision, minor land division
or replat within the jurisdiction of the Village which has not been
recorded prior to the effective date of this chapter until the provisions
and requirements of this chapter have been fully met. The Village
Board may institute appropriate action or proceedings to enjoin violations
of this chapter or the applicable statute.
A.
B.
In addition, an assessor's plat as set forth in § 70.27,
Wis. Stats., may be ordered by the Village Board at the expense of
the developer when a subdivision is created by successive divisions.
Any person aggrieved by an objection to a plat or failure to
approve a plat or certified survey map 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 plat or certified
survey map. Where failure to approve is based on any unsatisfied objection,
the agency making the objection shall be made a party to the action.
