These regulations are adopted under the authority granted by
§ 236.45, Wis. Stats.
This chapter shall be known as, referred to or cited as the
"Land Division Ordinance, City of Muskego, Waukesha County, Wisconsin."
A.
Purpose. The purpose of this chapter is to regulate and control the
division of land within the corporate limits of the City and its extraterritorial
jurisdiction as established in §§ 62.23, 66.0105, 236.02,
236.10 and 236.45, Wis. Stats., in order to promote the public health,
safety, morals, prosperity, aesthetics and general welfare of the
City and its environs.[1]
B.
Intent. It is the general intent of this chapter to regulate the
division of land so as to:
(1)
Obtain the wise use, conservation, protection and proper development
of the City's soil, water, wetland, woodland and wildlife resources
and attain a proper adjustment of land use and development to realize
the goal of supporting and sustaining the natural resource base.
(2)
Lessen congestion in the streets and highways.
(3)
Further the orderly layout and appropriate use of land as identified
in the adopted Comprehensive Plan and adopted Parks and Conservation
Plan.
(4)
Secure safety from fire, panic and other dangers.
(5)
Provide adequate light and air.
(6)
Facilitate adequate provision for housing, transportation, water
supply, wastewater, schools, parks, playgrounds and other public facilities
and services.
(7)
Secure safety from flooding, water pollution, disease and other hazards.
(8)
Prevent flood damage to persons and properties and minimize expenditures
for flood relief and flood-control projects.
(9)
Prevent and control erosion, sedimentation and other pollution of
surface and subsurface waters.
(10)
Preserve natural vegetation and cover and promote the natural
beauty of the City and its environs.
(11)
Restrict building sites on floodlands, shorelands, areas covered
by poor soils or in other areas poorly suited for development.
(12)
Facilitate the further division of larger tracts into smaller
parcels of land.
(13)
Ensure adequate legal description and proper survey monumentation
of subdivided land.
(14)
Provide for the administration and enforcement of this chapter.
(15)
Provide penalties for its violation.
(16)
Implement those municipal, county, watershed or regional comprehensive
plans or plan components adopted by the City and in general facilitate
enforcement of City development standards as set forth in the adopted
regional, county and local comprehensive plans, adopted plan components,
and City zoning and building codes.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, rules, regulations or permits previously adopted or issued
pursuant to law. 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, shall be liberally
construed in favor of the City and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
The City does not guarantee, warrant or represent that only
those areas designated as floodlands on plats and certified survey
maps will be subject to periodic inundation, nor does the City guarantee,
warrant or represent that the soils shown to be unsuited for a given
land use from tests required by this chapter are the only unsuited
soils within the jurisdiction of this chapter, and thereby asserts
that there is no liability on the part of the Common Council, its
agencies or employees for flooding problems, sanitation problems or
structural damages that may occur as a result of reliance upon and
conformance with this chapter.
This chapter shall supersede all other general and zoning ordinances
or parts thereof inconsistent or in conflict with this chapter to
the extent of the inconsistency only.
A.
General definitions. For the purposes of this chapter, the following
definitions shall be used. Words used in the present tense include
the future; the singular number includes the plural number; and the
plural number includes the singular number. The word "shall" is mandatory
and not discretionary.
B.
ACREAGE, GROSS
ACREAGE, NET
ADVISORY AGENCY
ALLEY
ARTERIAL STREET
BLOCK
BUILDING
BUILDING LINE
CERTIFIED SURVEY MAP
CITY PLAN COMMISSION
COLLECTOR STREET
COMMON OPEN SPACE
COMMUNITY
COMPREHENSIVE PLAN
CONDOMINIUM
CONSERVATION EASEMENT
COPY
CUL-DE-SAC STREET
DEPARTMENT
DEVELOPMENT PAD
DWELLING UNIT
ENVIRONMENTAL FEATURE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
EXTRATERRITORIAL PLAT AND CERTIFIED SURVEY MAP APPROVAL JURISDICTION
FILL
FINAL PLAT
FINANCIAL GUARANTEE
FLOODLANDS
FRONTAGE (LOT)
FRONTAGE STREET
HIGH GROUNDWATER ELEVATION
HIGH WATER ELEVATION (SURFACE WATER)
IMPROVEMENT, PUBLIC
IRREVOCABLE LETTER OF CREDIT
LOT
LOT, CORNER
LOT, DOUBLE FRONTAGE
LOT, FLAG
LOT, INTERIOR
MEAN SEA LEVEL DATUM
MINOR LAND DIVISION
MINOR STREET
MITIGATION AREA
MUNICIPALITY
NATIONAL MAP ACCURACY STANDARDS
NAVIGABLE WATER
NONPROFIT CONSERVATION ORGANIZATION
OBJECTING AGENCY
OUTLOT
OWNER
OWNERS' ASSOCIATION
PARENT PARCEL
PLAT
PRELIMINARY PLAT
PUBLIC WAY
PUBLIC WORKS AND DEVELOPMENT DIRECTOR
RECORDING A PLAT
REPLAT
SANITARY SEWER SERVICE AREA
SHORELANDS
SOIL MAPPING UNIT
SOLAR ACCESS
SOUTH WALL
STEEP SLOPE
STREET, ARTERIAL
STREET, COLLECTOR
STREET, CUL-DE-SAC
STREET, FRONTAGE
STREET, MINOR (LOCAL)
SUBDIVIDER
SUBDIVIDER'S AGREEMENT
SUBDIVISION, CONSERVATION
SUBDIVISION, CONVENTIONAL
WETLANDS
WISCONSIN ADMINISTRATIVE CODE
Specific words and phrases. As used in this chapter, the following
terms shall have the meanings indicated:
The total area of a parcel or development including the area
of perimeter street rights-of-way as measured to the center line of
the street.
The area of a parcel or development excluding the area of
perimeter streets, and excluding the area of all existing or proposed
rights-of-way located within the parcel or development.
Any agency, other than an objecting agency, to which a plat
or certified survey map may be submitted for review and comment. An
advisory agency may give advice to the City and may suggest that certain
changes be made to the plat or certified map or it may suggest that
a plat or certified survey map be approved or denied. Suggestions
made by an advisory agency are not, however, binding on the Common
Council or Plan Commission. Examples of advisory agencies include
the Waukesha County Land Conservation Committee, the Southeastern
Wisconsin Regional Planning Commission and local utility companies.
A public or private right-of-way shown on a plat which provides
secondary access to a lot, block or parcel of land. [§ 236.02(1),
Wis. Stats.]
See "street, arterial."
A tract of land bounded by streets or by a combination of
streets, public parks, cemeteries, railway rights-of-way, bulkhead
lines or shorelines of navigable waterways and municipal boundaries.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
A line parallel to any lot line and at a distance from the
lot line to comply with terms of this chapter.
A map prepared by a professional land surveyor in accordance
with § 236.34, Wis. Stats. Certified survey maps may, under
the terms of this chapter, be used to create minor land divisions
of not more than four parcels.
The Commission created by the Common Council under § 62.23,
Wis. Stats., and authorized to plan land use within the City.
See "street, collector."
Undeveloped land within a subdivision that has been designated,
dedicated, reserved, or restricted in perpetuity from further development
and is set aside for the use and enjoyment by residents of the community.
Common open space does not include any portion of a private residential
lot, and shall be substantially free of structures, but may contain
historic structures and shared recreational structures, including
but not limited to pool houses or stables, as indicated on the approved
development plan.
A town, municipality or a group of adjacent towns or municipalities
having common social, economic or physical interests.
Any extensively developed plan, also called a "master plan,"
prepared and adopted by the Southeastern Wisconsin Regional Planning
Commission, County Park and Plan Commission or City Plan Commission
and certified to the Common Council under §§ 66.0309,
59.69 and 62.23, Wis. Stats., including proposals for future land
use, transportation, urban redevelopment and public facilities. Devices
for implementation of these plans, such as zoning, official map, land
division and building line ordinances and capital improvement programs,
shall also be considered a part of the comprehensive plan.
A community association combining individual unit ownership
with shared use or ownership of common property or facilities, established
in accordance with the requirements of the Condominium Ownership Act,
Ch. 703, Wis. Stats. A condominium is a legal form of ownership of
real estate and not a specific building type or style.
The grant of a property right or interest from the property
owner to a unit of government or nonprofit organization stipulating
that the described land shall remain in its natural, scenic, open
or wooded, or agricultural state, precluding future or additional
development.
A true and accurate copy of all sheets of the original subdivision
plat. Such copy shall be on durable white matte finished paper with
legible dark lines and lettering.
See "street, cul-de-sac."
The State Department of Administration.[1]
Also referred to as "development envelope," that portion
of a lot which is intended to be graded, paved, or built upon.
A building or part of a building used for a place of abode
and occupied by one family.
Those lands containing concentrations of scenic, recreational
and other natural resources as identified and delineated in the comprehensive
planning program of the Southeastern Wisconsin Region by the Southeastern
Wisconsin Regional Planning Commission. These natural resource and
resource-related elements include the following:
Lakes, rivers and streams, together with their natural floodplain.
Wetlands.
Forest and woodlands.
Wildlife habitat areas.
Rough topography.
Significant geological formations.
Wet or poorly drained soils.
Existing outdoor recreation sites.
Potential outdoor recreation and related open space sites.
Historic sites and structures.
Significant scenic areas or vistas.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of the City. Wherever such
statutory extraterritorial powers overlap with those of another city
or village, the jurisdiction over the overlapping area shall be divided
on a line all points of which are equidistant from each community
so that not more than one community exercises extraterritorial powers
over any area.
Sand, gravel, earth or other materials of any composition
whatever, placed or deposited by human beings.
A map prepared in accordance with the requirements of Ch.
236, Wis. Stats., and this chapter for the purpose of dividing larger
parcels into lots and conveying those lots. The lines showing where
lots and other improvements are located are precise.
A letter of credit, cash or certified check guaranteeing
performance of a contract or obligation through possible forfeiture
of the letter of credit, cash or certified check if such contract
or obligation is unfilled by the subdivider.
Those lands, including the floodplains, floodways, flood-fringe
and channels, subject to inundation by the one-hundred-year recurrence
interval flood.
The smallest dimension of a lot abutting a public street
measured along the street line.
See "street, frontage."
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. "Mottling" is
a mixture or variation of soil colors. In soils with restricted internal
drainage, gray, yellow, red and brown colors are intermingled giving
a multi-colored 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.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the City may ultimately assume the
responsibility for maintenance and operation.
An agreement guaranteeing payment for subdivision improvements,
entered into by a bank, savings and loan or other financial institution
which is authorized to do business in this state and which has a financial
standing acceptable to the City and which is approved as to form by
the City Attorney.
A parcel of land having frontage on a public street, 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 open space provisions of the City Zoning Code.
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, other than a corner lot, with frontage on more than
one street. Double frontage lots shall normally be deemed to have
two front yards and two side yards and no rear yard. Double frontage
lots shall not generally be permitted unless the lot abuts an arterial
highway. Double frontage lots abutting arterial highways should restrict
direct access to the arterial highway by means of a planting buffer
or some other acceptable access buffering measure. (See Illustration
No. 1.)
A lot not fronting on or abutting a public street and where
access to the public street system is by a narrow strip of land and
where the area of the lot, for zoning purposes, shall not include
the narrow strip.
A lot other than a corner lot with frontage on one street
(see below).
 |
Sea level datum, 1929 adjustment, as established by the United
States Coast and Geodetic Survey.
Any division of land not defined as a subdivision. Such minor
land divisions shall be made by certified survey map.
See "street, minor."
The portion of a lot which could be included in a development
pad but which is restricted for use as undeveloped open space in order
to alleviate or lessen the impact of development.
An incorporated village or city.
Standards governing the horizontal and vertical accuracy
of topographic maps and specifying the means for testing and determining
such accuracy, endorsed by all federal agencies having surveying and
mapping functions and responsibilities. These standards have been
fully reproduced in Appendix D of SEWRPC Technical Report No. 7, Horizontal
and Vertical Survey Control in Southeastern Wisconsin.
Lake Michigan, Lake Superior, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other water
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. The Wisconsin Supreme Court has declared as navigable
bodies of water with a bed differentiated from adjacent uplands and
with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 2d 492 (1952), and DeGaynor
and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
Any charitable corporation, charitable association, or charitable
trust, the purpose or powers of which include retaining or protecting
the natural, scenic, or open space values of real property, assuring
the availability of real property for agricultural, forest, recreational
or open space use, protecting natural resources, maintaining or enhancing
air or water quality, or preserving the historical, architectural,
or cultural aspects of the City.[2]
An agency empowered to object to a subdivision plat under
Ch. 236, Wis. Stats. The City may not approve any plat upon which
an objection has been certified until the objection has been satisfied.
On any plat, the objecting agencies may include the Wisconsin Department
of Administration, Department of Transportation (WDOT), Department
of Safety and Professional Services, Department of Natural Resources
(WDNR) and the Waukesha County Park and Plan Commission.[3]
A parcel of land, other than a lot or block so designated
on the plat, but not of standard lot size, the intention of which
is either to redivide into lots or combine it with one or more other
adjacent outlots or lots in adjacent subdivisions or minor subdivisions
in the future for the purpose of creating buildable lots.
A individual, firm, association, syndicate, partnership or
corporation having a proprietary interest in a parcel of land.
A community organization, incorporated or unincorporated,
which combines individual parcel ownership with shared use or ownership
of common property or facilities.
An existing parcel (or parcels) of record, as identified
by individual tax identification numbers, as of the effective date
of this chapter, from which land divisions are proposed.
A map of a subdivision.
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
A preliminary plat precisely describes the location and exterior boundaries
of the parcel proposed to be divided and shows the approximate location
of lots and other improvements.
Any public road, street, highway, walkway, drainageway or
part thereof.
The officer designated by the Common Council to administer
this chapter, more specifically the Public Works and Development Director
or his designee.
The filing of the final plat with the County Register of
Deeds.
The process of changing or the map or plat which changes
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat or certified survey map without changing exterior boundaries
of such block, lot or outlot is not a replat.
The area within and surrounding the City that is planned
to be served with public sanitary sewerage facilities per the current
adopted plan area.[4]
Those lands lying within the following distances: 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.
Soil types, slopes and erosion factors delineated on detailed
operational soil survey maps prepared by the United States Natural
Resources Conservation Service.[5]
Access to solar rays so there is no shading to the south
wall or rooftop of any proposed structure.
Any wall facing within 45° of due south.
Land areas where the gradient exceeds 12%.
A street used or intended to be used primarily for fast or
heavy through traffic. "Arterial street" shall include freeways and
expressways as well as standard arterial streets, highway and parkways.
A street used or intended to be used to carry traffic from
minor streets to the major system of arterial streets, including the
principal entrance streets to residential developments.
A minor street with only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
A street used or intended to be used primarily for access
to abutting properties.
Any person, firm, corporation, partnership, association,
trust, or any agent thereof dividing or proposing to divide land resulting
in a subdivision or replat.
An agreement by which the City and the subdivider agree in
reasonable detail as to all of those matters which the provisions
of these regulations permit to be covered by the subdivider's agreement
and which shall not come into effect unless and until an irrevocable
letter of credit or other appropriate surety has been issued to the
City.
A housing development constructed under the auspices of the
CPD Conservation Planned Development Zoning District, in a rural setting
comprised of at least five residential parcels, that is characterized
by compact lots, at least 50% open space, and where the natural features
of the land are maintained to the greatest extent possible.
The division of a lot, parcel or tract of land by the owners
thereof or the owner's agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres each or less in
area, or where the act of division creates five or more parcels or
building sites of 1 1/2 acres each or less in area by successive
division within a period of five years. Other divisions of land shall
be termed "minor land divisions." The definition of a subdivision
shall not apply to commercial or industrial land divisions except
to the extent regulated by state law. Other divisions of commercial
or industrial land shall be minor land divisions.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
