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.