A. 
Purpose. The purpose of this chapter is to regulate and control the division of land within the Town of St. Joseph (the Town), St. Croix County, Wisconsin, (the county) in order to promote the public health, safety, prosperity, aesthetics, quality of life and general welfare in the Town.
B. 
Intent. The specific intentions of this chapter are to:
(1) 
Encourage the orderly layout and efficient subdivision of land.
(2) 
Advance the goals of the Town as stated in the Town Comprehensive Plan (Comprehensive Plan) and preserve the rural character and scenic vistas.
(3) 
Promote efficient and desirable utilization of land by recognizing significant features, such as slopes, topography, soils, vegetation, wetlands and wildlife habitat.
(4) 
Avoid undue concentration of population.
(5) 
Provide for safe and efficient public roads.
(6) 
Allow for adequate access to residences by emergency vehicles.
(7) 
Protect groundwater and wetlands.
(8) 
Provide for adequate septic and sewage facilities.
(9) 
Guard against negative environmental impacts.
(10) 
Preserve the capacity for floodplains to carry and discharge floodwaters.
(11) 
Conserve the natural scenic beauty of the Town.
A. 
This chapter was adopted under the statutory authority granted pursuant to the Village Powers of the Town of St. Joseph, under §§ 60.10(2)(c), 60.22(3), 61.35, 61.23, 61.24(1), 236.03, and 236.45, Wis. Stats. This chapter was adopted by the Town Board after its receipt of a formal written recommendation from the Town Plan Commission to adopt the chapter and after a public hearing preceded by a Class 2 published notice.
B. 
This chapter shall apply to all land subdivisions, as defined in § 168-4, that occur or are proposed to occur within the geographic limits of the Town of St. Joseph. The subdivision of land in the Town is also under the concurrent jurisdiction of the County Land Division Ordinance. Where the standards of this chapter are more restrictive than standards of the county ordinance, the more restrictive standards shall apply. Where the standards of the county ordinance are more restrictive or where the county ordinance sets standards for aspects of land subdivisions that are not addressed by the standards of this chapter, the county standards shall apply, except that all standards regarding public improvements that are required and maintained by the Town shall be governed exclusively by this chapter.
A. 
Authority. The St. Joseph Town Board (the Town Board) shall be the approving authority for subdivisions covered by this chapter, acting after considering the advice and recommendations of the Plan Commission of the Town of St. Joseph.
B. 
Approval by the Town Board shall be required before the division of a lot or parcel or tract of land within the jurisdiction of this chapter into one or more new lots, parcels or tracts when the lots, parcels or tracts being created by such division are a subdivision, as defined in § 168-4, unless the division is included within one or more exemptions listed in § 168-3D.
C. 
Violations. The following activities are declared to be violations of this chapter:
(1) 
To convey, offer to convey or contract to convey a subdivision or a lot, tract or parcel within such a subdivision without having had the subdivision approved pursuant to this chapter;
(2) 
To record a survey map, plat or a metes-and-bounds description of a lot, parcel or tract, thereby creating a subdivision, without such subdivision having been approved pursuant to this chapter;
(3) 
To fail to comply with all standards of this chapter, any other applicable Town ordinances, and all conditions which are imposed by the Town Board in the course of its review and approval of a subdivision; or
(4) 
Any violation of Ch. 236, Wis. Stats.
D. 
Exemptions.
(1) 
The provision of this chapter, as it applies to land divisions of tracts of land in the Town into less than five parcels, shall not apply to any of the following:
(a) 
Transfers of interest in land by will or pursuant to court order.
(b) 
Leases for a term of not more than 10 years, mortgages, or easements.
(c) 
The sale or exchange of land between owners of adjoining property if additional lots are not thereby created and if the lots resulting are not reduced below the minimum lot size and/or density required under this chapter.
(d) 
Any further exemptions listed in § 236.45(2)(am)1 to 3, Wis. Stats.
(2) 
All of the following specific uses and activities are exempt from this chapter:
(a) 
Cemetery plats made under § 157.07, Wis. Stats.
(b) 
Assessor's plats made under § 70.27, Wis. Stats.
(c) 
Any further exemptions listed in § 236.03(2), Wis. Stats.
A. 
Interpretation. For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future, in the singular include the plural, and in the plural include the singular.
(2) 
The word "shall" is mandatory, not permissive.
(3) 
All distances, unless otherwise specified, shall be measured horizontally.
(4) 
All references to Wisconsin Statutes shall incorporate any revisions or amendments to statutory language.
(5) 
All definitions other than those referenced below shall be as the normal definition found in a standard dictionary.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ALLUVIAL SOIL
Soil or sediments deposited by a river or other running water.
BUFFERS
Areas of secondary protection established on a case-by-case basis for each environmentally sensitive area. The width of the buffer might, due to topography and species diversity, vary around the perimeter of each environmentally sensitive area.
CERTIFIED SURVEY MAP (CSM)
A map showing division of land prepared in accordance with § 236.34, Wis. Stats., and this chapter.
CLEAR-CUTTING
The substantial removal of trees or shrubs in a contiguous patch, strip, row, or block which is inconsistent with standard forest maintenance practices.
CLOSED DEPRESSION
A natural geological formation of the earth's surface characterized by having no direct overland surface water outlet. Closed depressions commonly found in the Town have developed through two distinct geological processes: karst development and glaciation.
COMMON FACILITIES
Those facilities which are designated, reserved, restricted or otherwise set aside for the use and enjoyment by residents of a subdivision or condominium plat.
COMMON OPEN SPACE
Undeveloped land within a subdivision or condominium plat that has been designated, reserved, or restricted in perpetuity from further development or subdivision and is set aside for the use and enjoyment by residents of the development and/or condominium plat, for the preservation, restoration and management of historical, agricultural or environmentally sensitive features.
COMMON SANITARY SYSTEM
A private on-site wastewater treatment system (POWTS) serving two or more dwelling units.
COMPREHENSIVE PLAN
The Town of St. Joseph Comprehensive Plan adopted by the Town Board and its subsequent revisions and amendments pursuant to § 66.1001, Wis. Stats.
CONCEPT
A conceptual layout of a proposed subdivision on a topographic map which is submitted for review pursuant to §§ 168-5C(1), 168-5D(2) and 168-15A.
CONDOMINIUM
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, Chapter 703, Wis. Stats. A condominium is a legal form of ownership of real estate and not a specific building type or style.
CONSERVATION EASEMENT
As provided in § 700.40, Wis. Stats., a holder's nonpossessory interest in real property imposing any limitations or affirmative obligations the purposes of which include permanently retaining or protecting natural, scenic or open space values of real property, permanently assuring the availability of real property for agricultural, forest, recreational or open space use, permanently protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site as defined in § 157.70(1)(b), Wis. Stats., or permanently preserving the historical, architectural, archaeological or cultural aspects of real property.
CORRIDORS
Strips or blocks of land that form connections between two separated areas of similar habitat. These corridors allow plants and animals to disperse and travel from one "island" of suitable habitat to another.
DEVELOPER'S AGREEMENT
An agreement between the Town, alone or with other governmental units with jurisdiction, and the owners and subdividers of property within the Town regarding subdivision and subsequent development and use of said property.
DEVELOPMENT AREAS
Areas where development will be allowed on sites within Preservation Residential subdivision areas as designated in the Comprehensive Plan.
DRAINAGEWAY
A natural passageway on the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also includes all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another.
ENGINEER
The registered engineer employed by the Town unless otherwise stated.
FLOODPLAIN
Land which has been or may be covered by floodwater during a regional flood. The floodplain includes the floodway, flood-fringe, shallow depth flooding, flood storage and coastal floodplain areas.
FOREST
At least 10 contiguous acres of deciduous and/or coniferous trees with their crowns overlapping (generally forming 60% to 100% cover).
GROUNDWATER RECHARGE
The process by which external water is added to the zone of saturation of an aquifer, either directly into a formation or indirectly by way of another formation.
HIGH WATER ELEVATION (HWE)
The HWE shall be calculated, assuming developed conditions, using back-to-back 100-year storm events for closed depressions and stormwater ponds.
HOMEOWNERS' ASSOCIATION
An association of property owners in a particular subdivision, condominium plat or other development organized to manage the common open space, stormwater facilities, and/or any other common facilities, detailed in the homeowner's agreement completed under § 168-22D of this chapter.
LAND DIVISION
A subdivision, minor subdivision, major subdivision, resubdivision or replat.
LAND STEWARDSHIP PLAN
A plan for long-term management of open space areas and/or lands placed under a conservation easement.
LOT
A parcel of land numbered in sequence with other parcels shown on a plat or certified survey map.
LOWEST BUILDING OPENING (LBO)
The lowest window, door or other inlet elevation at which water may enter a building.
MAJOR SUBDIVISION
A subdivision resulting in the creation of five or more lots from a parcel that existed five years before the date of the application. The resulting subdivision would require preliminary and final plat approval.
MINOR SUBDIVISION
A subdivision resulting in the creation of four or fewer lots from a parcel that existed five years before the date of the application. The resulting subdivision would require certified survey map approval.
NATIVE PRAIRIE
A natural vegetative community primarily dominated by native grasses and herbaceous flowering plants with few or no trees, typically sustained by fire and/or grazing.
NATIVE VEGETATION
Those species of vegetation that occurred naturally in pre-settlement Wisconsin and are noted on the 1830s Vegetation Map.
NATURAL SWALE
A low-lying or depressed, and often wet, stretch of land that is not constructed as part of development.
OPEN SPACE AREAS
Land used for agriculture, natural habitat or pedestrian corridors and/or recreational purposes, which is undivided and permanently protected from future development or subdivision. This may include common open space that is used by and for residents of the subdivision only.
ORDINARY HIGH-WATER MARK (OHWM)
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 characteristics.
OUTLOT
A lot remnant or parcel of land within a plat remaining after platting which is intended for other use than development. An outlot shall not be developed for any use or structure that requires a POWTS.
PARCEL
Contiguous land under single ownership, not separated by public roads or rights-of-way. Creation of private or public roads after April 19, 1991, does not create separate parcels eligible for treatment under the minor subdivision provisions of this chapter.
PERIMETER ROAD
A road lying outside of and abutting a development parcel.
PLANT COMMUNITY
A grouping of plants with common environmental requirements living within the landscape, i.e., wetlands, grasslands, boreal forests.
PLAT
A map of a major subdivision prepared in accordance with Ch. 236, Wis. Stats., and this chapter.
PREAPPLICATION MEETING
A meeting with Town Staff and the applicant, the applicant's agent, and/or professional consultant to discuss overall project intent, applicable code restriction sections, potential fees, general application details, submittal requirements, and to obtain information regarding the purpose and objectives of the Town's regulations and procedures, the adopted Comprehensive Plan, and other relevant ordinances prior to a formal application being filed with the Town of St. Joseph. Town Staff may include but is not necessarily limited to Town Clerk, Town Building Inspector, Town Zoning Administrator, Town Engineer, Town Planner, and/or Town Legal Counsel.
[Added 4-13-2023 by Ord. No. 2023-01]
PREDEVELOPMENT AGREEMENT
An agreement between the Town and the owners and subdividers of property within the Town regarding review of a proposed subdivision and payment of all fees.
PRESERVATION RESIDENTIAL
Land located in the designated natural resource corridors identified in the Comprehensive Plan as "Preservation Residential."
PRIMARY CONSERVATION AREA
The environmental or conservation lands where building and development are limited to allow for preservation of critical natural resources.
PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM (POWTS)
A sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. Also, an alternative sewage system that may include a substitute for the septic tank or soil absorption field, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or by a special purpose district.
PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM (POWTS), CONVENTIONAL
A private on-site wastewater treatment system (POWTS) consisting of a septic tank and/or an aerobic treatment unit and an in-ground soil absorption component with gravity distribution of effluent.
PROTECTIVE OR RESTRICTIVE COVENANTS
A contract entered into between private parties that constitutes a restriction of the use of a particular parcel of property and is binding upon subsequent owners of the land.
RARE, THREATENED, OR ENDANGERED SPECIES
Species and natural communities that are listed as endangered or threatened or have a state rank of S1, S2, or S3 on the Wisconsin Natural Heritage Inventory.
(1) 
ENDANGEREDAny species whose continued existence as a viable component of this state's wild animal or wild plant population is determined by the Wisconsin Department of Natural Resources to be in jeopardy on the basis of scientific evidence.
(2) 
THREATENEDAny species that appears likely to become, within the foreseeable future, on the basis of scientific evidence, endangered as determined by the Wisconsin Department of Natural Resources or the U.S. Department of the Interior.
(3) 
RAREThose species about which some problem of abundance or distribution is suspected but not yet proved. The main purpose of this category is to focus attention on certain species before they become threatened or endangered.
RESOURCE INVENTORY
A survey of the land's features including its natural resources, cultural resources, scenic views and viewsheds and physical characteristics.
ROAD
A public way for vehicular traffic; this term includes highways.
SECONDARY CONSERVATION AREA
The features of a development site that should be protected and integrated into the development to enhance open space, protect groundwater quality and environmental areas, and conform to the values of the Town as stated in the Comprehensive Plan.
STEEP SLOPES
Slopes that are unstable enough so that down-slope movement is likely. An unstable condition can occur because of a combination of steepness, material, hydrologic conditions, and human disturbance. Where specific information from county soil surveys is not available, steep slopes are lands having slopes over 12% as measured over horizontal distances of 50 feet or greater.
STRUCTURE
Something built or erected, such as a residence, a building, shed, barn, fence, or wall.
SUBDIVIDER
Any person, partnership, corporation or other entity creating a subdivision.
SUBDIVISION
A division of a lot, parcel or tract of land by the owner or owner's agent for the purpose of transfer of ownership or building development where the act of division creates or results in one or more parcels or building sites of less than 35 acres in area. A subdivision can be created by the following means:
(1) 
Recording of a plat or certified survey map.
(2) 
Recording of any other document or instrument that creates a parcel not previously created pursuant to this chapter or its predecessor.
(3) 
Foreclosure of a mortgage or a land contract if the foreclosure creates and/or conveys a parcel not previously created pursuant to this chapter. This subsection is not to be construed as endorsing a policy encouraging rezoning or subdividing of a parcel as a prerequisite to obtaining a mortgage when inconsistent or incompatible with surrounding zoning or uses.
UNIQUE WILDLIFE HABITAT AREA
Aquatic and/or terrestrial communities that:
(1) 
Are composed of physical attributes and/or vegetation that are not common in the Town and that therefore support species or certain life functions of species that are not supported in other locations in the Town;
(2) 
Are specific locations known to support endangered, threatened or rare species or communities; or
(3) 
Serve as linkages to important habitats in adjoining areas.
VIEWSHED
An area of land and/or water, and/or other environmental elements, that is visible from a fixed vantage point and may be of particular scenic or historic value deemed worthy of preservation against development or other change.
WETLANDS
An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic (water-loving) vegetation and which has soils indicative of wet conditions.
WIS. ADM. CODE
Wisconsin Administrative Codes, including successor provisions to cited codes.
WIS. STATS.
The Wisconsin Statutes, including successor provisions to cited statutes.
WOODLANDS
At least 10 acres of open stands of deciduous and/or coniferous trees with crowns not usually touching (generally forming 25% to 60% cover).