A.
Authority. This section is adopted under the authority granted by
Wis. Stats., § 62.23(6).
B.
Intent. It is the intent of the Village to establish an Official
Map for the purpose of conserving and promoting the public health,
safety, convenience, economy, orderliness and general welfare of the
community; to further the orderly layout in the use of land; facilitate
adequate provision for transportation, parks, playgrounds and stormwater
drainage; and facilitate the further subdivision of larger tracts
into smaller parcels of land.
C.
Jurisdiction. The Official Map is hereby established for all areas
within the Village's corporate limits and the extraterritorial
limits of the Village, as may be amended from time to time. As of
April 1, 1998, the extraterritorial limits include the following quarter-sections
of the Town of Blue Mounds:
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NW 1/4 of Section 5, Town of Blue Mounds
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SW 1/4 of Section 5, Town of Blue Mounds
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All of Section 6, Town of Blue Mounds
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All of Section 7, Town of Blue Mounds
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NW 1/4 of Section 8, Town of Blue Mounds
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SW 1/4 of Section 8, Town of Blue Mounds
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D.
Changes and amendments.
(1)
The Board shall refer any change or addition to the Official Map
to the Village Plan Commission for review and report thereon prior
to adoption. The Village Plan Commission shall report their recommendation
to the Village Board within 60 days.
(2)
No such change shall become effective until after a public hearing
before the Village Board or a committee appointed by the Board from
its members, at which parties in interest and citizens shall have
an opportunity to be heard. Notice of the public hearing shall be
published as a Class 2 notice under Chapter 985, Wis. Stats. Before
making such addition or change, the Board shall refer the matter to
the Plan Commission for report thereon, but if the Plan Commission
does not make its report within 60 days of such reference, it shall
forfeit the right to further suspend action. Such additions or changes,
when adopted, shall become a part of the Official Map and shall be
deemed to be final and conclusive with respect to the location and
width of the streets, highways and parkways and the location and extent
of parks and playgrounds shown thereon. The placing of any street,
highway, parkway, park or playground line or lines upon the Official
Map shall not, in and of itself, constitute or be deemed to constitute
the opening or establishment of any streets, parkway, park or playground
or the taking or acceptance of any land for such purposes.
(3)
The locating, widening or closing or the approval of the locating, widening or closing of streets, highways, parkways, parks or playgrounds by the Village under provision of law other than this section shall be deemed to be a change or addition to the Official Map and shall be subject to the provisions of this section, except that changes or additions made by a subdivision plat, approved by the Village under Wis. Stats., Chapter 236, shall not require the public hearing specified in Subsection D(2) if the changes or addition do not affect any land outside the plat area.
(4)
If an application to the Board or other governmental entity results
in a change in the Official Map, the applicant shall be obligated
to pay the cost of changing the Official Map as a condition of approval
of the application.
E.
Building permits.
(1)
For the purpose of preserving the integrity of such an Official Map,
no permit shall hereafter be issued for any building in the bed of
any street, environmental corridor, highway or parkway shown or laid
out on such map, except as provided in this section, except as otherwise
authorized by Village ordinances.
(2)
Any person desiring to construct a building in the bed of a street,
highway or parkway so shown as extended may apply to the authorized
official of the Village for a building permit. Unless such application
is made and the permit granted or not denied within 30 days, such
person shall not be entitled for compensation for damage to such building
in the course of construction of the street, highway or parkway.
(3)
The applicant for such a permit shall submit to the Village or County
zoning supervisor with his application an accurate plat plan certified
by a qualified surveyor showing the location of the proposed building
with reference to any street, highway, parkway or park or playground
shown on the Official Map.
(4)
No permit for the erection of any building shall be issued, unless
the street, highway or parkway giving access to such proposed structure
has been placed on the Official Map.
F.
Municipal improvements. No public sewer or other municipal street
utility or improvement shall be constructed in any street, highway
or parkway not placed on the Official Map.
G.
Appeals. The Zoning Board of Appeals shall have the power to review
any administrative decision of the Building Inspector denying a permit
for the erection of a structure under this section and to give relief
by granting variances and exceptions to the requirements of this section
in the manner provided for under Wis. Stats., § 62.23(6)(d)
through (g).
H.
Certified copy of Map.
(1)
A certified copy of the Official Map shall be kept in the office
of the Village Clerk/Treasurer and shall be available for inspection
by any interested person during regular office hours. The certified
copy shall bear on its face a certification that it is a true copy
of the Official Map described in this section and shall show the date
of adoption of this section and be signed by the Village President
and countersigned by the Village Clerk/Treasurer. Thereafter, no change
or addition to such Official Map shall become effective until it shall
have been amended by the Village Board. For purposes of this section,
plats, certified survey maps and property transaction complying with
applicable laws or ordinances do not require certification when being
placed on the Official Map.
(2)
A certified copy of the Official Map and amendments thereto shall
be sent to the town clerks of the appropriate towns and the county
zoning supervisor.
I.
Filing with register of deeds. Upon adoption of the Official Map,
the Village Clerk/Treasurer shall immediately file with the county
register of deeds a certificate showing that the Village has established
such Official Map.
J.
Effect of placement upon the Official Map. The placing of any street,
highway, parkway, park or playground line or lines upon the Official
Map shall not, in and of itself, constitute or be deemed to constitute
the opening or establishment of any street, parkway, park or playground
or the taking or acceptance of any land for such purposes. Street
improvements shall be subject to the design standards provided by
this section.
K.
Enforcement. The Village Building Inspector shall enforce the provisions
of this section.
The provisions of this chapter shall apply to all lands within
corporate limits, as well as the unincorporated areas within 12 miles
of the corporate limits of the Village.
Any person dividing land which results in a subdivision, shall
prepare a plat of the subdivision; or which results in a land division,
shall prepare a certified survey map in accordance with the requirements
of this chapter and:
A.
The provisions of Chapter 236, Wisconsin Statutes.
B.
The rules of the State Department of Transportation contained in
the Wisconsin Administrative Code for subdivisions which abut a state
trunk highway or connecting street.
C.
Village and county ordinances and regulations.
D.
Master plan or master plan component adopted by the Village.
A.
General. Whenever a lot or parcel of land to be divided as a subdivision
or as a land division contains all or in part, a street, highway,
greenway, watercourse or a drainageway or utility easement designated
in the master plan or Official Map, such public way shall be platted
and dedicated by the subdivider in the location and width indicated
along with all other streets. This action is required by the Village
Board for approval and acceptance of all dedications of land for streets
and public ways.
B.
Street frontage for park lands. The subdivider shall dedicate street
frontage for all park land dedicated under this chapter. The minimum
lineal feet of frontage to be dedicated along any park shall be the
square root of the area of park land measured in square feet.
A.
In order for the Village to approve a plat, the developer must dedicate
sufficient land for open spaces and public use areas or make an equivalent
payment of fees in lieu of actual of land dedication. The decision
as to whether land is dedicated or a payment is made in lieu of dedication
shall be recommended by the Plan Commission after consultation with
the developer, and must also be approved by the Village Board.
B.
This section establishes standards to ensure that adequate open spaces
and public use areas are properly located and preserved as the community
develops, that developers consider and plan for the dedication of
public parks and facilities that are necessary to serve the additional
families brought to the community as a result of the developer's
subdivision, that the cost of providing the public park and recreation
sites is equitably apportioned on the basis of the additional need
created by each subdivision development, and that the need for open
spaces and public use areas is coordinated with the Village's
environmental and land use goals.
C.
Consideration in plat layout. The manner in which the plat provides
for parks, open spaces and public use areas shall be a significant
consideration in the Village's decision to approve of the design
and layout of plats. Such areas shall be compatible with the specific
terrain and related use characteristics of the plat and serve to implement
the Village's environmental and land use goals.
D.
Dedication. If the Village elects to receive a land dedication to
meet this requirement, the subdivider shall be required to dedicate
sufficient land area within the Village to meet the proportionate
park, recreation and general open space needs generated by the development
of the subdivision. The Village reserves the right to select those
lands within the plat it considers best suited to meet the parks,
open space and public use needs of the Village, provided that the
Village identifies such land within 45 days of the subdivider's
request for such identification. The amount of land to be dedicated
shall be at least one acre for every 25 proposed residential dwelling
units within the subdivision. The developer shall grade and seed the
area prior to the Village's acceptance of the dedication of same.
E.
Payment in lieu of dedication.
(1)
If the Village Board determines that dedication is not feasible or
in the public's best interest, the Village Board may require
the subdivider to pay fees in lieu of dedication. This decision shall
be determined solely by the Village Board, following consideration
of the recommendation of the Plan Commission.
(2)
The payment for single-family development shall be $500 per lot within
the proposed land division. The payment for a multifamily development
shall be $500 per unit within the proposed land division.
(3)
All payments in lieu of land dedication shall be paid in full prior
to approval of the plat by the Village. If not included in a plat,
the sum must be paid before a building permit is issued. There shall
be no refunds if a lesser number of units is built than is authorized.
F.
Disposition of collected funds. All funds collected for park purposes
in lieu of land dedication shall be held in a non-lapsing, interest-bearing
account and used exclusively for park land acquisition and/or development
within the Village.
G.
Applicability of requirements.
(1)
The requirements of this section shall apply to all land divisions,
whether they are created by subdivision plat or by certified survey
map.
(2)
The requirements of this section shall apply to landowners who, after
the date of approval of their initial land division, apply for and
receive a zoning change creating higher-density lots. The landowner
shall pay the fee in lieu of land dedication within 10 days of the
approval of the zoning change, or the zoning change shall be null
and void.
(3)
The payment per lot in lieu of dedication shall not be applicable
to:
(a)
Lots created which contain an existing dwelling unit on the
date of adoption of this amendment.
(b)
Land division which create lots or parcels intended for nonresidential
uses.
(c)
Land divisions which received Plan Commission approval of a
certified survey map or a Board approval of a final plat prior to
the adoption of this chapter.
(4)
At least 15 days prior to the date set for closing on park land dedicated
to Village, developer shall furnish and deliver to the Village Attorney
for examination, an owner's policy of title insurance in the
amount of the value of park land required to be dedicated, written
by a responsible title insurance company licensed by the State of
Wisconsin. The policy shall guarantee the developer's title to
be marketable, free and clear of all liens and encumbrances, not located
in a floodplain and free from soil contamination. A commitment by
such a title company, agreeing to issue such a title policy upon the
recording of the proper documents as agreed herein, shall be deemed
sufficient performance of this requirement.
Whenever a parcel of land to be divided as a subdivision or as a land division contains all or in part a site for a park or playground which has been designated on the master plan, and the area of which is in excess of the amount of land required to be dedicated in § 325-10 above; or a school site, or other public site which has been designated on the master plan, such park, playground, school site or public site shall be reserved for a period of two years from the date of approval of the final plat unless extended by mutual agreement.
A.
No land shall be divided or subdivided for a use which is held unsuitable
by the Village for reasons of flooding or potential flooding, wetlands,
soil limitations, topography, inadequate drainage, wetland, 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.
B.
The subdivider may, as part of the preapplication procedures, request
a determination of land suitability, providing that he shall provide
all necessary maps, data and information for such a determination
to be made at that time.
C.
After referral from the Village Board, 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 and make its
recommendation to the Village Board.
D.
When a proposed subdivision is located in an area where flooding
or potential flooding may be a hazard, the Plan Commission may transmit
to the Wisconsin Department of Natural Resources, one set of the information
required and shall request that Department to provide technical assistance
in determining whether the land is suitable or unsuitable for the
use proposed.[1]
A.
A final plat or certified survey map shall not be approved, unless
that Plan Commission and the Village Board determine that adequate
public facilities and public services are available to meet the needs
of the proposed development.
B.
The applicant shall furnish any data requested by the Village Board
or its designee, who shall transmit this information to the appropriate
commissions and committees for review and shall act as coordinator
for their reports to the Plan Commission and Village Board on the
adequacy of water, sanitary and storm sewers, fire service, police,
parks and open space and recreation facilities, transportation facilities
and schools.
C.
Where public facilities and/or services appear to be inadequate to
meet the need of the proposed subdivision or development. The Village
Board reserves the right to require the developer to fund and/or contribute
to a public facilities needs assessment of such facilities and/or
services. Said public facilities needs assessment may serve as the
basis for an impact fee or other charge which may be imposed on the
developer as a condition of approval of the proposed development.
The provisions of this chapter shall not apply to transfers
of interests in land by will or pursuant to court order; leases for
a term not to exceed 10 years, mortgages or easements; or 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 this chapter,
or other applicable laws or ordinances.
