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City of Watertown, WI
Dodge / Jefferson County
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Table of Contents
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This chapter shall be known as the "Subdivision Regulations, City of Watertown, Wisconsin."
[Amended by Ord. No. 98-63]
This chapter is intended to regulate and control the division and subdivision of land within the corporate limits and the extraterritorial plat approval jurisdiction of the City of Watertown 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; ensuring 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, stormwater 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; ensuring enforcement of the development concepts, policies and standards delineated in the Comprehensive Plan and related components, the Official Map, the Parks and Open Space Plan, the Transportation Plan, the Zoning Code, the Erosion Control and Stormwater Runoff Codes, and the Building Code of the City of Watertown.
[Amended by Ord. No. 98-63]
A. 
Conformance with policies. It is the intent of the City of Watertown that land be developed in harmony with the following policies agreed to in the Comprehensive Plan, Plan for Parks and Open Space, Official Map, and the Jefferson County or Dodge County Land Use Plan, as adopted by the City of Watertown:
(1) 
To plan the location and/or timing of new development to make it efficient, to reduce public costs and to encourage separation and distinction between municipalities.
(2) 
To direct and stage new growth only to those areas planned and programmed for development and capable of providing a full range of urban services, including transportation and schools.
(3) 
To discourage scattered development and urban sprawl.
(4) 
To ensure that development complements rather than conflicts with natural features such as rolling topography, trees, creeks, ponds and rock formations.
(5) 
To develop a system of interior open spaces within existing environmental corridors to delineate neighborhoods, control stormwater drainage and provide circulation for pedestrian and bicycle traffic.
(6) 
To ensure that development locates and coordinates safely and efficiently with transportation facilities.
(7) 
To encourage preservation of open space and aesthetic quality in development through the use of planned development districts.
(8) 
To favor development intensities and patterns that are supportive of alternative modes of transportation.
(9) 
To promote and maintain balanced commercial activity that is viable and responsive to the needs of the community and the surrounding market area.
(10) 
To preserve the quality of the water and the air and to prevent extreme noise and visual blight.
(11) 
To preserve prime agricultural land through the design and location of development.
(12) 
To encourage development in the City with balanced residential, commercial, industrial and open space patterns and public services.
B. 
Land suitability. No land shall be divided or subdivided for development which is held unsuitable by the Plan Commission for reason of flooding or potential flooding, soil limitations, inadequate drainage, steep topography, incompatible surrounding development, inadequate public services 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.
(1) 
Except as provided herein, the Plan Commission shall determine land suitability prior to the time the preliminary plat or certified survey map is considered for approval, following review and recommendations by the appropriate City commissions and committees. The Plan Commission may impose special conditions on the plat or certified survey map deemed necessary to protect the health, safety or welfare of future residents of the area. Those areas which are found to be environmentally sensitive shall be considered for preservation as open space. The determination of land suitability will be evaluated through the site assessment procedures, § 545-4A. The subdivider shall furnish such maps, data and information as may be necessary to make a determination of land suitability.
(2) 
Should the Plan Commission determine that the land is unsuitable for the intended development, it shall state its reasons in writing to the subdivider within 30 days of initial Plan Commission action. The subdivider may present additional evidence to support the proposed plat or certified survey map. Upon review of the additional evidence, the Plan Commission shall affirm, modify or withdraw its determination of unsuitability.
(3) 
The subdivider may appeal the determination of unsuitability as provided in § 545-39, Appeals.
C. 
Determination of adequacy of public facilities and services.
(1) 
A certified survey map, preliminary plat or final plat shall not be approved unless the Plan Commission and the Common Council determine that adequate public facilities and public services are available to meet the needs of the proposed land division.
(2) 
The applicant shall furnish any data requested by the Public Works Director/City Engineer, who shall transmit this information to appropriate City commissions, committees and boards for review and shall act as coordinator for their reports to the Plan Commission and the Common Council on the adequacy of water, sanitary and storm sewers, fire service, police, parks and open space and recreation facilities, and transportation facilities.
[Amended 7-5-2022 by Ord. No. 22-63]
(3) 
Public facilities and public services for a proposed plat or certified survey map may be found to be adequate when the following conditions exist:
(a) 
Where the proposed land division is located in an urban service area or planned future urban service area where mainline interceptor sewer service is available, presently under construction, or designated by the Common Council for extension of sewer service, the Plan Commission and the Common Council shall also consider the recommendations of the Public Works Director/City Engineer and the Public Works Commission on the capacity of trunk lines and of sewage treatment facilities and any other information presented. Where the proposed land division is not located in an urban service area or planned future urban service area where mainline interceptor sewer service is available, presently under construction, or designated by the Common Council for extension of sewer service, the Plan Commission and the Common Council shall consider the site-specific and overall impact of such development on the public health, safety and welfare of the immediate area and the community as a whole.
[Amended 7-5-2022 by Ord. No. 22-63]
(b) 
Where the proposed land division is located within an urban service area or planned urban service area where arterial transmission water main service and adequate capacity are available, presently under construction, or designated by the Common Council for extension of public water service, the Plan Commission and the Common Council shall consider the recommendations of the Public Works Director/City Engineer and the Public Works Commission on line capacities, water sources and storage facilities as well as any other information presented. Where the proposed land division is located within an urban service area or planned urban service area where arterial transmission water main service and capacity are not available, presently under construction, or designated by the Common Council for extension of public water service, the Plan Commission and the Common Council shall consider the site-specific and overall impact of such development on the public health, safety and welfare of the immediate area and the community as a whole.
[Amended 7-5-2022 by Ord. No. 22-63]
(c) 
The Public Works Director/City Engineer and Public Works Commission recommend to the Plan Commission and the Common Council that adequate facilities are available to ensure the proper stormwater management.
[Amended 7-5-2022 by Ord. No. 22-63]
(d) 
The Parks, Recreation and Forestry Commission recommends that future residents of the proposed land division can be assured park, recreation and open space areas, facilities and services which meet the standards of the Park and Open Space Plan.
(e) 
The appropriate Police Department and Fire District verify that timely and adequate service can be provided to the residents.
(f) 
The proposed land division is accessible by existing publicly maintained, all-weather roads adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division, or necessary additional roads and road improvements are budgeted for construction with public or private financing, or public transportation service sufficient to serve the land division in combination with the foregoing is available or programmed for the area. The Plan Commission and the Common Council shall consider the recommendations of other commenting agencies and jurisdictions, and such factors as level of service, average and peak use, and any other information presented.
(g) 
Where the Plan Commission and the Common Council determine that one or more public facilities or services are not adequate for the proposed development, but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.
D. 
Lot sizes. In the case of all land divisions, including all plats and certified survey maps, lot sizes shall conform to the area and width requirements of Chapter 550, Zoning, unless otherwise modified by the provisions of this chapter.
E. 
Dedication and reservation of land.
(1) 
Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or any part of a street, highway, bikeway, pedestrianway, greenway, environmental corridor, waterway, or a drainage or utility easement designated in the Comprehensive Plan or Official Map, the subdivider shall plat said public way in the locations and dimensions indicated on said Comprehensive Plan or Official Map. The Plan Commission shall determine whether said public way should be dedicated to the public or reserved by the subdivider.
(2) 
Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or part of a park site, open space or other recreation area or school site designated in the Comprehensive Plan, Park and Open Space Plan, or Official Map, said public sites shall be platted and dedicated or reserved by the subdivider, at the discretion of the Plan Commission, in the locations and dimensions indicated on said plans or map in accordance with the requirements of this chapter.
(3) 
Once a preliminary plat or certified survey map is approved, any lands proposed for public use above shall not be altered without the written approval of the Plan Commission, the Park, Recreation and Forestry Commission, and the Public Works Commission.
F. 
Penalties.
(1) 
Failure to comply with the requirements of this chapter shall invalidate purported transfers of titles at the option of the purchaser in accordance with the provisions of § 236.31(3), Wis. Stats.
(2) 
Any subdivider or agent of the same who violates or fails to comply with this chapter shall be subject to penalties prescribed in the enforcement provisions of the Code of the City of Watertown.
(3) 
A building permit shall be refused for any site violation of this chapter.
G. 
Exceptions. The provisions of this chapter shall not apply to:
(1) 
Transfers of interests in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
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 the Zoning Code in Chapter 550 or other applicable laws or ordinances, unless the parcels have been part of a prior land division or subdivision.
(4) 
Where sale or exchange of parcels involves only a change of lot lines, the land division may be approved by the Zoning Administrator after a staff review to determine conformance with City of Watertown ordinances.