Village of Mukwonago, WI In General

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;

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;

(4)

Cemetery plats made under W.S.A., § 157.07;

(5)

Assessor's plats made under W.S.A., § 70.27, provided that such Assessors plats shall comply with W.S.A., § 236.15(1)(a) through (g) and 236.20(1) and (2)(a) through (e).

(6)

Such other divisions exempted by such ordinances.

§ 45-12 Compliance.

[Ord. No. 599, § 1(11-12), 5-6-1997]

Any subdivider dividing land which results in a subdivision shall prepare a plat of the subdivision. Any subdivider proposing to replat a recorded subdivision shall prepare a plat of the subdivision. Any subdivider dividing land which results in a minor subdivision shall prepare a certified survey map. Approval of any such plat or certified survey map shall be conditioned upon compliance with all requirements of this chapter and any of the following which may be applicable:

The provisions of W.S.A., ch. 236.

All applicable local and county regulations including zoning, sanitary, building, and official mapping ordinances.

All comprehensive plans or components of such plans prepared by state, regional, county, or municipal agencies duly adopted or acknowledged by the Village Board.

(4)

The rules of the department of commerce relating to lot size and lot elevation necessary for proper sanitary conditions, if the subdivision is not served by public sewer and provision for public sewer service has not been made.

(5)

The rules of the department of transportation relating to safety of access and the preservation of the public interest and investment in the highway system, if the subdivision abuts or adjoins a state trunk highway or connecting highway.

As a further condition of approval, when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake, or other body of navigable water or if the land in the proposed plat involves lake or stream shorelands referred to in W.S.A., § 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of commerce, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, industrial wastes, and other wastes, as defined in W.S.A., § 144.01.

§ 45-13 Developer's agreement required.

[Ord. No. 599, § 1(11-13), 5-6-1997]

For any division of residentially zoned land consisting of more than five acres, a developer's agreement between the Village, the developer, and the owner of the property is required. For any division of commercially zoned land consisting of more than two acres, a developer's agreement between the Village, the developer, and the owner of the property is required. The developer's agreement shall address all concerns and requirements of the Village and provide adequate assurances that the division and development of such land will fulfill the intent of this chapter and other Village ordinances.

§ 45-14 Dedication and reservation of lands.

[Ord. No. 599, § 1(11-14), 5-6-1997]

Streets and public ways. Whenever a tract of land to be divided as a subdivision or as a minor subdivision contains all or any part of a street, highway, drainageway, public access to navigable lakes or streams, or other public way, which has been designated in the adopted regional and Village comprehensive plans, adopted plan components, or on the highway width map of Waukesha County, such public way shall be made part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated in the comprehensive plans or official map and as set forth in Article V of this chapter.

Playgrounds, parks, open space sites and other public lands.

Whenever a tract of land to be divided as a subdivision or as a minor subdivision contains all or any part of a proposed playground, park, open space site, or other public land, these proposed public lands shall be made part of the plat and the subdivider shall dedicate to the public one acre of land for every 15 dwelling units proposed within the subdivision plat.

If the area of the proposed public land is in excess of one acre of land for every 15 dwelling units proposed within the subdivision plat, the excess shall be reserved for a period not to exceed three years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction or the excess shall be reserved by the subdivider for a period not to exceed five years, unless extended by mutual agreement, for acquisition by the Village at undeveloped land costs.

In the event the subdivider is not required to dedicate lands for playgrounds, parks, open space or other public lands, a public site fee shall be levied against the subdivider at the time of application for final plat or CSM approval at the rate, and according to the procedures, established in § 45-16(k).

[Amended 5-20-2020 by Ord. No. 979]

Floodlands and shorelands.

Whenever floodlands and shorelands are contained on a tract of land proposed to be divided into lots, building sites, or parcels of land less than five acres in area, all such floodlands and those shorelands designated for park, recreation, environmental corridor, or other open-space land use in a comprehensive plan or a component of such a comprehensive plan prepared by state, regional, county, or municipal agencies and duly adopted or acknowledged by the Village Board, and lying within the below specified distances from the high-water elevation shall be dedicated to the public by the subdivider.

In lieu of dedication, all such designated floodlands and shorelands shall be reserved by the subdivider for a period not to exceed five years, unless extended by mutual agreement, for acquisition by the state, county, or local unit of government at undeveloped land costs or shall be reserved in perpetuity for the recreational use of the future residents of the land to be divided. Stream and lake bank maintenance easements shall also be given to the unit of government which has jurisdiction.

The following distances from the high-water elevation shall apply to the provisions of this section:

Lakes 50 acres or more in area: 300 feet.

Lakes less than 50 acres in area: 200 feet.

Navigable streams: 100 feet.

All other streams: 50 feet.

§ 45-15 Land suitability.

[Ord. No. 599, § 1(11-15), 5-6-1997]

In general. No land shall be subdivided for a use which is found to be unsuitable by the planning commission by reason of flooding, inadequate drainage, soil or rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the Village.

Floodlands. Floodlands shall not be divided into building sites. The elevation of all lands proposed for division shall be at least two feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five feet above the elevation of the maximum flood of record.

Private soil absorption waste disposal systems. The Village shall not allow land to be divided if the land will be served by private soil absorption waste disposal systems unless extraordinary circumstances are present. In no event shall the following types of lots be divided if the lots will be served by private soil absorption waste disposal systems:

Shorelands. Shorelands shall not be divided into building sites which are to be served by deep soil absorption waste disposal systems.

Sloping lands. Lands having a slope of 12% or more shall be maintained in permanent open space use. No lot shall have more than 50% of its minimum required area in slopes of 12% or greater.

Bedrock. Lands having bedrock within seven feet of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems.

(4)

Ground water. Lands having ground water within seven feet of the natural undisturbed surface shall not be divided into building sites to be served by soil absorption sewage disposal systems.

(5)

Soil percolation rate. Soils having a percolation rate slower than 60 minutes per inch shall not be divided into building sites to be served by soil absorption sewage disposal systems.

(6)

Soil types. The following soil types, which have very severe limitations, shall not be divided into building sites:

2
3
4
5
7
9
11
302
449
450
452
453
454
455
456
457
458
459
560
461
462

(7)

Farm drainage systems. Lands drained by farm drainage tile or farm ditch systems shall not be divided into building sites to be served by on-site soil absorption sewage disposal systems.

(8)

Other lands. Lands made, altered, or filled within the last 10 years shall not be divided into building sites which are to be served by soil absorption waste disposal systems.

(d)

Planning commission decision. In applying the provisions of this section, the planning commission shall, in writing, recite the particular facts upon which it bases its conclusion that the land is unsuitable for the proposed use and afford the subdivider an opportunity to present evidence and the means of overcoming such unsuitability, if he so desires. Thereafter, the planning commission may affirm, modify, or withdraw its determination of unsuitability.

§ 45-16 Fees.

[Ord. No. 599, § 1(11-16), 5-6-1997; Ord. No. 780, § I, 10-18-2005; Ord. No. 826, § 1, 2-16-2010]

All fees for the following shall be specified in the most current Village Board resolution unless otherwise specified:

In general. The subdivider shall pay the Village all fees as hereinafter required and at the times specified.

Preliminary plat review fee. The subdivider shall pay a fee at the time of first application for approval of any preliminary plats to assist in defraying the cost of review. A reapplication fee shall be paid to the Village Clerk at the time of reapplication for approval of any preliminary plat which has previously been reviewed.

Certified survey map review fee. The subdivider shall pay a fee to the Village Clerk at the time of application for approval of a certified survey map to assist in defraying the cost of review.

(d)

Improvement review fee. The subdivider shall be responsible for paying all engineering fees incurred by the Village to cover the cost to the Village of checking and reviewing such plans and specifications.

(e)

Inspection fee. The subdivider shall pay a fee equal to the actual cost to the Village for such inspection as the Village engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications, and ordinances of the Village or any other governmental authority.

(f)

Final plat review fee. The subdivider shall pay a fee to the Village Clerk at the time of the first application for approval of said plat to assist in defraying the cost of review. A reapplication fee shall be paid to the Village Clerk at the time of a reapplication for approval of any final plat which has previously been reviewed.

(g)

Site plan review. The subdivider shall pay a fee to the Village Clerk at the time of application for approval of site plan reviews to assist in defraying the cost of review.

(h)

Planned unit development review. The subdivider shall pay a fee to the Village Clerk at the time of application for approval of planned unit development reviews to assist in defraying the cost of review.

(i)

Engineering fee. The subdivider shall reimburse the Village for all engineering work incurred by the Village in connection with the plat. Engineering work shall include the preparation of construction plans and standard specifications. The Village engineer may permit the subdivider to furnish all, some, or part of the required construction plans and specifications, in which case no engineering fees shall be levied for such plans and specifications. Inspection, checking, and reviewing work has fees provided for in subsections 45-16(d) and (e).

(j)

Administrative fee. The subdivider shall pay a fee equal to the cost of any legal, administrative, or fiscal work which may be undertaken by the Village in connection with the plat. Legal work shall include the drafting of contracts between the Village and the subdivider.

(k)

Public Site Fees. If the subdivider is not required to dedicate public lands within this proposed Plat or Certified Survey Map as provided in Sec. 45-14 of this Chapter, the fee for the acquisition of public sites to serve future inhabitants of the proposed subdivision or minor subdivision shall be paid to the Village Treasurer at the time of the first application of approval for final Plat or CSM of said CSM or subdivision, Said fees shall be established by the Village Board from time to time. However, any parkland site fees shall be offset against the amount of the park impact fees being charged.

[Amended 5-20-2020 by Ord. No. 979]

(l)

Parkland site fees. Parkland site fees shall be placed in a separate service fund by the Village Treasurer to be used for the acquisition of sites or capital improvements to parks, playgrounds, or recreational facilities.

(m)

Annexation and attachment review. The subdivider or applicant shall pay a fee to the Village Clerk at the time of application for approval of annexation and attachment reviews to assist in defraying the cost of review.

§ 45-17 Violations.

[Ord. No. 599, § 1 (11-17), 5-6-1997]

It shall be unlawful to build upon, divide, convey, record, or monument any land in violation of this chapter or the Wisconsin Statutes. No person, firm, or corporation shall be issued a Village occupancy and use permit and/or a Village building permit or a county sanitary permit, authorizing the building on, or improvement of, any lot or any part of any subdivision, minor subdivision, or replat within the jurisdiction of this chapter, not of record as of the effective date of this chapter, until the provisions and requirements of this chapter have been fully met. The Village may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.

Any structure, fill, or development placed or maintained on floodlands in violation of this chapter is hereby declared a public nuisance and the creation thereof maybe enjoined and maintenance thereof may be abated by action at suit of the state, Village, or any citizen thereof.

§ 45-18 Penalties.

[Ord. No. 599, § 1(11-18), 5-6-1997]

Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100, nor more than $1,000 and the costs of prosecution for each violation. Any person, firm, or corporation in default of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding six months. Each day a violation exists or continues shall constitute a separate offense.

Recordation improperly made has penalties provided in W.S.A., § 236.30.

Conveyance of lots in unrecorded plats has penalties provided for in W.S.A., § 236.31.

(d)

Monuments disturbed or not placed have penalties provided for in W.S.A., § 236.32.

(e)

Floodland structures, fills, and developments shall have penalties as specified in W.S.A., § 87.30(2).

(f)

An Assessor's plat made under W.S.A., § 70.27, may be ordered by the county at the expense of the subdivider when a subdivision is created by successive divisions.

§ 45-19 Appeals.

[Ord. No. 599, § 1(11-19), 5-6-1997]

Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom, as provided in W.S.A., § 62.23(7)(e)10., 14., and 15., within 30 days of notification of the rejection of the plat.

§ 45-20 Definitions — Generally.

[Ord. No. 599, § 1(11-22), 5-6-1997]

For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense in this chapter include the future tense. Words in the singular number include the plural number; words in the plural number include the singular number. The word "he" includes the word "she." The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive. Any words not defined in this section shall be presumed to have their customary dictionary definitions.

§ 45-21 Same — Specific words and phrases.

[Ord. No. 599, § 1(11-23), 5-6-1997]

ARTERIAL STREET OR HIGHWAY

As used in this chapter, the following terms shall have the meanings indicated:

ALLEY

A special public right-of-way affording only secondary access to abutting properties.

A public street or highway used or intended to be used primarily for the fast or heavy through traffic. Arterial streets and highways include freeways and expressways, state trunk and county trunk highways, and other heavily traveled streets and parkways.

BLOCK

A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines, or shorelines of waterways or corporate boundary lines.

BUILDING

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.

BUILDING LINE

A line parallel to a lot line and at a distance from the lot line to comply with the yard requirements of the Village zoning ordinance.

CERTIFIED SURVEY MAP

A map of a land split prepared in accordance with W.S.A., § 236.34.

CHANNEL

A natural flow or artificial watercourse with definite bed and banks to confine normal flow of water.

COLLECTOR STREET

A street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets. A collector street includes the principal entrance streets to residential developments.

COMMISSION

The Village planning commission of the Village of Mukwonago.

COMPREHENSIVE PLAN

Any extensively developed plan, also called a master plan, prepared by and adopted by the Southeastern Wisconsin Regional Planning Commission, the County Park and Planning Commission, a city, Village, or town planning commission, and certified to the county board pursuant to W.S.A., §§ 66.945, 59.97, and 62.23, including proposals for future land use, transportation, urban redevelopment, and public facilities. Devices for the 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.

CONDOMINIUM

A building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all owners on a proportional, undivided basis. It is a legal form of ownership of real estate and not a specific building type or style.

COUNTY PARK AND PLANNING COMMISSION

The planning commission created by the county board of supervisors pursuant to W.S.A., § 59.97, and authorized to plan land use within the county.

CUL-DE-SAC STREET

A minor street closed at one end with a turnaround provided for vehicular traffic.

DEEP ABSORPTION SYSTEM

A soil absorption sewage system for disposal of effluent through the bottom and sides of a hole or trench at a depth of more than three feet below the natural undisturbed surface.

DEVELOPER'S AGREEMENT

An agreement by which the Village and the developer or subdivider agree in reasonable detail to all of those matters which are permitted to be covered by the developer's agreement. The developer's agreement shall not take effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the Village.

DEVELOPMENT

Any new use, change of use, and any change of use to improved or unimproved real estate including, but not limited to, the construction of buildings, structures, or accessory structures; any placement of mobile homes, the construction of additions, or substantial alterations to buildings, structures, or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation, or drilling operations; and the deposition or extraction of earthen materials, public or private sewage disposal systems, or water supply facilities.

DRAINAGE SYSTEM

One or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

DUPLEX

A detached building designed or used exclusively as two connected single-family residences, but does not include boarding or lodginghouses, motels, hotels, tents, cabins, or mobile homes.

DWELLING

A detached building designed or used exclusively as a single-family residence or sleeping place, but does not include boarding or lodginghouses, motels, hotels, tents, cabins, or mobile homes.

ENVIRONMENTAL CORRIDOR

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 resources and resource-related elements include lakes, rivers, and streams, together with their natural floodplains; wetlands; forests 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; and significant scenic areas or vistas.

EROSION

The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

EXTRATERRITORIAL PLAT APP ROYAL JURISDICTION

The unincorporated area within 1 1/2 miles of the Village.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas caused by:

The overflow or rise of inland waters;

The rapid accumulation or runoff of surface waters from any source; and

IRREVOCABLE LETTER OF CREDIT

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

FLOODLANDS

For the purpose of this chapter, the floodlands are all lands contained in the "regional flood" or 100-year recurrence interval flood.

FRONTAGE

The smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.

FRONTAGE STREET

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.

HIGH WATER ELEVATION

"Ordinary high water mark" means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction, or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

IMPROVEMENT, PUBLIC

Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access sidewalk, pedestrian way, planting strip, or other facility for which the Village (or town if extraterritorial jurisdiction is involved) may ultimately assume the responsibility for maintenance and operation.

An agreement guaranteeing payment for subdivision or certified survey map improvements, entered into by a bank, savings and loan or other financial institution which is authorized to do business in the state of Wisconsin and which has a financial standing acceptable to the Village Board. The irrevocable letter of credit must be approved as to form by the Village Attorney.

LAND USE

Any nonstructural use made of unimproved or improved real estate. (Also see 'development.")

LAND USER

Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

LANDOWNER

Any person having title to or having an interest in land.

LOT

For purpose of this chapter, a lot shall be defined as a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.

LOT LINES AND AREA

The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

LOT WIDTH

The width of a parcel of land measured at the setback line.

LOT, CORNER

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 size.

LOT, DOUBLE FRONTAGE

A lot which has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. In the case of two or more contiguous through lots, there shall be a common front lot line.

MEAN SEA LEVEL DATUM

Mean sea level datum, 1929 Adjustment, as established by the U.S. Coast and Geodetic Survey.

MINOR STREET

A street used, or intended to be used, primarily for access to abutting properties.

MINOR SUBDIVISION

The division of land by the owner or subdivider resulting in the creation of not more than four parcels or building sites, any one of which is five acres in size or less, or the division of a block, lot, or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot, or outlot.

NATIONAL MAP ACCURACY STANDARDS

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.

NAVIGABLE WATERS

Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state, including the Wisconsin portion of the boundary waters, which are navigable under the laws of this state.

OUTLOT

A parcel of land, other than a lot or block, so designated on the plat.

PRELIMINARY PLAT

A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.

PUBLIC WAY

Any public road, street, highway, walkway, drainageway, or part thereof.

REGIONAL FLOOD

The flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once every 100 years; this means that in any given year, there is a 1% chance that the regional flood may occur or be exceeded. During a typical thirty-year mortgage period, the regional flood has a 26% chance of occurrence.

REPLAT

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 without changing exterior boundaries of said block, lot, or outlot is not a replat.

SETBACK OR STREET YARD

A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots and double frontage lots have two such yards.

SHORELANDS

Those lands lying within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream; or to the landward side of the floodplain, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where (a) such lands are not adjacent to a navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.

SHORELINES

The intersection of the land surfaces abutting lakes, ponds, streams, flowages, and wetlands with the average high water elevation.

SOIL MAPPING UNIT

Soil types, slopes, and erosion factors delineated on detailed operational soil survey maps prepared by the U.S. Soil Conservation Service.

STREET

A public right-of-way not less than 50 feet wide providing primary access to abutting properties. All new streets within the Village are required to be a minimum of 66 feet wide or wider.

SUBDIVIDER

Any person, firm, or corporation, or any agent thereof, dividing or proposing to divide land, resulting in a subdivision, minor subdivision, or replat.

SUBDIVISION

The division of a lot, outlot, parcel, or tract of land by the owners thereof, or their agents, for the purpose of transfer of ownership or building development where the act of division creates five or more parcels or building sites of five acres each or less in area; or where the act of division creates five or more parcels or building sites of five acres each or less in area by successive division within a period of five years.

SURETY

Whenever the terms "surety," "surety bond," or "bond" are used in this chapter, such terms shall describe only an irrevocable letter of credit or a cash bond as approved by the Village Attorney.

UTILITIES

Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulator stations, but not including municipal incinerators, warehouses, shops, and storage yards.

VILLAGE

The Village of Mukwonago.

WETLAND

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.

§ 45-22 Exceptions and modifications.

[Ord. No. 934, § I, 7-18-2017]

Where, in the judgment of the Village of Mukwonago Village Board, it would be inappropriate to apply literally the provisions of this section due to exceptional circumstances, the Village Board may waive or modify any requirement to the extent deemed just and proper on a case by case basis after receiving and considering a recommendation from the Village of Mukwonago Plan Commission. No exception or modification to the provisions of this section shall be granted unless the Village Board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this section would result in a severe burden. (Such circumstances should not apply generally to other properties or be of such a recurrent nature as to suggest that the Land Division Ordinance should be changed).

Preservation of property rights. That such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.