[Prior code § 18.01]
This title shall be known as "Subdivision Regulations, Village
of Darien, Wisconsin."
[Prior code § 18.02]
This title is intended to regulate and control the division
and subdivision of land within the corporate limits and the extraterritorial
plat approval jurisdiction of the Village in order to promote the
public health, safety and general welfare, to encourage the most appropriate
use of land, to provide the best possible living environment for people
and to conserve the value of buildings placed upon the land by: furthering
the orderly layout and use of land; insuring proper legal description
and proper monumenting of land; preventing overcrowding of land and
avoiding undue concentration of population; lessening congestion in
the streets and highways; securing safety from fire, flooding, water
pollution and other hazards; providing adequate light and air; facilitating
adequate provisions for transportation, water, sewerage, schools,
parks, playgrounds, open space, storm water drainage, the conservation
of land, natural resources, scenic and historic sites, energy and
other public requirements; facilitating further resubdivision of larger
parcels into smaller parcels of land; insuring enforcement of the
development concepts, policies and standards delineated in the master
plan and related components, the official map, the parks and open
space plan, the transportation plan, the zoning code and erosion control
and storm water runoff code, and the building code of the Village.
[Prior code § 18.15; amended by Ord. 214, 2002;
Ord. 232, 2005]
The following terms, whenever they occur in this title, are
defined as follows:
ACT OF DIVISION
The division of a lot or parcel of land into two or more
parcels.
BIKEWAY
A general term describing any or all of the following defined
types of facilities used for bikes. A network of bikeways constitutes
a bike route system. Class designations are those in the Long Range
Bikeway Program:
1.
BIKE PATH (CLASS I)A bike route completely apart from a street used by motor vehicles and restricted to bicycles unless designated otherwise.
2.
BIKE LANE (CLASS II)A designated lane of a street, restricted to bicycle usage and separated from motor vehicles by a painted line, raised divider or curb.
CERTIFIED SURVEY MAP
A map or plan of record of a minor subdivision meeting all
the requirements of Section 236.34, Wisconsin Statutes, and of this
title.
COMPREHENSIVE DEVELOPMENT PLAN
A total site plan for an area of land 80 acres or more in
size under the control of a developer(s) at the time of submission
for review. Such plan specifies and illustrates the location, relationship
and nature of all uses, easements, streets, pedestrian paths, bikeways
and common open space.
CONDOMINIUM DEVELOPMENT
A real estate development, redevelopment or ownership regime
conversion project involving establishment or alteration of the condominium
form of ownership for all or part of the development.
DIVISION OF LAND
The division of a lot or parcel of land into two or more
parcels.
DRIVEWAY
A vehicle access from private property to a public street.
ENVIRONMENTAL CORRIDORS
Continuous open space systems based on natural resources
and environmentally important lands. The corridors are based primarily
on streams, lakes, shore lands, floodplains, waterways, and wetlands.
FINAL PLAT
The map or plan of record of a subdivision and any accompanying material as required in Chapter
16.20.
GREENWAY
An open area of land included under the definition of "parkway,"
the primary purpose of which is to carry storm water on the surface
of the ground in lieu of an enclosed storm sewer. Greenways may serve
the following multiple public purposes in addition to their principal
use, including but not limited to vehicular and/or pedestrian traffic,
sanitary sewers, water mains, storm sewers, storm water retention
basins, waterways, conservancy areas, environmental corridors, and
park development.
INSTITUTIONAL RESIDENTIAL
A form of residential development designed to accommodate
institutional residential land uses, such as retirement homes, nursing
homes, convents, and dormitories. No individual lots are required.
LAND DIVISION
The division of a lot or parcel of land into two or more
parcels. Also referred to as "division of land."
LAND IN ITS NATURAL UNDEVELOPED STATE
Land which has runoff characteristics equivalent to runoff
curve number (CN) 70, as used in the runoff methodology promulgated
by the United States Soil Conservation Service National Engineering
Handbook.
MASTER PLAN
The comprehensive plan for guiding and shaping the growth
and development of the Darien community, including all of the component
parts, as prepared by the Plan Commission and certified to the Village
Board.
MINOR SUBDIVISION
The division of a lot or parcel of land for the purpose of
transfer of ownership or building development where the act of division
creates four or fewer parcels, lots or building sites, any one of
which is 35 acres or less in area. A division of a lot or parcel of
land that creates two lots or parcels, at the discretion of the Zoning
Administrator, be processed with the preliminary CSM approved by staff
and the final CSM approved by the Plan Commission.
OFFICIAL MAP
The map indicating the location, width and/or extent of existing
and proposed streets, highways, parkways, parks, waterways, and playgrounds,
as adopted by the Village Board pursuant to Section 62.23(6), Wisconsin
Statutes.
OTHER
All other pertinent terms shall be as defined in the zoning
code of the Village and in Chapter 236, Wisconsin Statutes.
PARCEL
Contiguous lands under the control of a subdivider(s), not
separated by streets, highways or railroad right-of-ways.
PARKWAY
Any right-of-way for vehicular traffic including bicycles
or pedestrian traffic, or both, with full or partial control of access
and usually located within a part or a ribbon of park-like development.
The parkway may include greenways required for storm water drainage
purposes where the drainage improvement is to include park-like treatment
and where pedestrian or vehicular travel, including bicycles, may
be permitted.
PLANNED UNIT DEVELOPMENT
Any zoning district which allows diversification and variation
in land development to achieve an improved living environment and
to preserve open space.
PLAT
A map of a subdivision.
PRELIMINARY PLAT
A map delineating the features of a proposed subdivision
as described herein, submitted to the Plan Commission for preliminary
consideration prior to the final plat.
PRIME AGRICULTURE LAND
Lands containing Class I, II, III soils and other lands having
a history of agricultural production.
RE-PLAT and RE-SUBDIVISION
The process of changing, or the map which changes, the boundaries
of a recorded plat or a part thereof. The legal division of a larger
block, lot or out-lot within a recorded plat, without changing the
exterior boundaries of the block, lot or out-lot is not a re-plat.
See Section 236.36, Wisconsin Statutes.
SITE PLAN REVIEW COMMITTEE
A committee deemed appropriate by the Village Board, comprised
of Village staff members routinely involved with site and subdivision
plan review that may include the director of public works, the Village
Engineer, the Village Clerk, the Village planner, the police chief,
designees from the Village Board and Plan Commission, and the Village
attorney.
STREET
A public way for vehicular and pedestrian traffic whether
designated as a street, highway, thoroughfare, parkway, thruway, road,
avenue, boulevard, lane, place, or however otherwise designated.
1.
a.
PRINCIPAL ARTERIALSStreets serving the major interstate and interregional traffic corridors and providing the highest mobility level and a high degree of access control.
b.
PRIMARY ARTERIALSStreets serving major regions or connecting important cities and major intracommunity corridors in the metropolitan area. These routes provide high mobility and a high degree of access control.
c.
STANDARD ARTERIALSThose streets which more commonly provide for intermediate length trips, thus serving through traffic movement in trade areas or feeding traffic to the principal and primary arterial streets from lower activity areas not served by such routes.
2.
COLLECTOR STREETSStreets which provide moderate speed movement of persons and goods between major arterials and/or activity centers. They are basically local streets which because of directness of routing and higher capacity receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
3.
LOCAL STREETSStreets designed for low speeds and low volumes which provide access from low traffic-generating areas to collector and arterial systems.
a.
INDUSTRIAL STREETA local street serving an industrial, office or commercial area as defined in the zoning code.
b.
ii.
RESIDENTIAL, MAJORA street located within and/or between plats or other residential development which serves to connect local streets to collector or arterial streets.
5.
ALLEYA public right-of-way which affords a secondary means of access to abutting property.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground, excepting public utility
facilities and appurtenances attached thereto.
SUBDIVIDER
Any person, firm, partnership, corporation, association,
estate, trust or other legal entity requesting review or action on
a plat, minor subdivision or condominium.
SUBDIVISION
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development, where:
1.
The act of division creates five or more parcels or building
sites of 1 1/2 acres each or less in areas: or
2.
Five or more parcels or building sites of 1 1/2 acres each
or less in area are created by successive divisions within a period
of five years.
URBAN SERVICE AREA
That area which the Village Board has designated as the area
within which it expects the provision of the full range of urban facilities
and services. For purposes of this title, the full range of services
includes, but is not limited to, sanitary sewer, storm sewer, water
supply and distribution, fire service and police, parks and open space,
recreation, schools and transportation. The designated urban service
area may include areas in which other local governments will provide
these services consistent with the land use plan for Walworth County
and policies of the Village.
WATERWAYS
Rivers, streams, creeks, ditches, drainage channels, watercourses,
lakes, bays, ponds, impoundment reservoirs, retention and detention
basins, marshes and other surface water areas, regardless of whether
the areas are natural or artificial.
ZONING CODE
Title 17 of this Municipal Code of the Village.