The jurisdiction of chapter shall include all
lands and waters within the corporate limits of the Village of Johnson
Creek and those lands within the extraterritorial jurisdiction of
the Village of Johnson Creek as established in §§ 61.35,
62.23(2) and 236.10, Wis. Stats. The provisions of this chapter as
it applies to divisions of tracts of land into fewer than five parcels
shall not apply to:
A.
Transfers of interest in land by will or pursuant
to court order.
B.
Leases for a term not to exceed 10 years, mortgages
or easements.
C.
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, the Zoning Ordinance, or other applicable laws or
ordinances.
D.
Cemetery plats made under § 157.07, Wis.
Stats.
E.
Assessors' plats made under § 70.27, Wis.
Stats., but such assessors' plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person, firm or corporation shall divide
any land located within the jurisdictional limits of this chapter
so that such division results in a subdivision, minor land division,
or replat as defined herein; no such subdivision, minor land division
or replat shall be entitled to recording; and no street shall be laid
out or improvements made to land without compliance with all requirements
of this chapter and the following documents:
A.
Provisions of Ch. 236, Wis. Stats.
B.
Rules of the Wisconsin Department of Commerce regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.
C.
Rules of the Wisconsin Department of Transportation
relating to safety of access and the preservation of the public interest
and investment in the highway system if the land owned or controlled
by the subdivider abuts on a state trunk highway or connecting street.
D.
Rules of the Wisconsin Department of Natural Resources
setting water quality standards, preventing and abating pollution,
and regulating development within floodland, wetland, and shoreland
areas.
E.
Duly approved Comprehensive Master Plan or Comprehensive
Master Plan components of the Village of Johnson Creek.
F.
The Village of Johnson Creek Zoning Ordinance and
all other applicable local and county ordinances.
A.
Streets, highways and drainageways. Whenever a tract
of land to be subdivided within the jurisdiction of this chapter encompasses
all or any part of an arterial or collector street, drainageway, other
public way, or public access to navigable lakes or streams which has
been designated in the duly adopted regional, county or Village of
Johnson Creek comprehensive plan or adopted comprehensive plan components
or on the Official Map of the Village of Johnson Creek, said public
way shall be made a part of the plat or certified survey map and dedicated
or reserved by the subdivider in the locations and dimensions indicated
on said plan, comprehensive plan component, or map and as set forth
in this chapter.
B.
Schools, parks, environmental corridors and other
open spaces. Whenever a tract of land to be divided within the Village
of Johnson Creek encompasses all or part of a school site, park site,
environmental corridor, or other open space, other than streets, highways,
drainageways, other public ways or public access to navigable lakes
or streams, which has been designated on a duly adopted regional,
county or Village of Johnson Creek comprehensive plan or adopted comprehensive
plan component, said school site, park site, environmental corridor
or other open space shall be made a part of the plat or certified
survey map and dedicated or reserved by the subdivider in the locations
and dimensions indicated on said plan and in accordance with the procedures
set forth herein.
C.
Proposed public lands lying outside the corporate
limits of the Village of Johnson Creek but within the jurisdictional
area of these regulations shall be reserved for acquisition by the
town or county in accordance with the regulations of the affected
jurisdiction.
Before final approval of any plat or certified
survey map located within the jurisdictional limits of this chapter,
the subdivider shall install street, utility and other public improvements
as hereinafter provided. If such improvements are not installed as
required at the time that the final plat or certified survey map is
submitted for approval, the subdivider shall, before recording of
the final plat or certified survey map, enter into a contract with
the Village of Johnson Creek agreeing to install the required improvements
and shall file with said contract a letter of credit, cash or certified
check meeting the approval of the Village Attorney in an amount equal
to the estimated cost of the improvements, said estimate to be made
by the Village Engineer and the Village Board, as a guarantee that
such improvements will be completed by the subdivider or his subcontractors
not later than one year from the date of recording of the plat and
as a further guarantee that all obligations to subcontractors for
work on the development are satisfied. In addition:
A.
Contracts and contract specifications for the construction
of street and utility improvements on dedicated street rights-of-way,
as well as the contractors and subcontractors who are to be engaged
in the construction of street and utility improvements on dedicated
street rights-of-way, shall be subject to the review and approval
of the Village Engineer.
B.
Governmental units to which these bonds and contract
provisions apply may file, in lieu of said contract and bond, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section.
C.
Survey monuments. Before final approval of any plat
within the corporate limits of the Village of Johnson Creek or its
extraterritorial jurisdictional limits, the subdivider shall install
survey monuments placed in accordance with the requirements of § 236.15,
Wis. Stats., and as may be required by the Village Engineer.
D.
Plats outside the corporate limits. Before final approval
of the Village of Johnson Creek of any plat or certified survey map
located outside the corporate limits of the Village of Johnson Creek
but within the plat approval jurisdiction of the Village of Johnson
Creek, the subdivider shall give evidence that he has complied with
all street and utility improvements of the town in which the land
being platted is located.
E.
The Village of Johnson Creek Plan Commission may waive
the placing of monuments, required under § 236.15(1)(b),
(c) and (d), Wis. Stats., for a reasonable time on condition that
the subdivider execute a surety bond to insure the placing of such
monuments within the time required.
F.
The subdivider shall pay and reimburse the Village
of Johnson Creek in advance of signing the subdivider's agreement
all fees, expenses and disbursements which are incurred by the Village
of Johnson Creek and shall pay and reimburse the Village of Johnson
Creek for, without limitation by reason of enumeration, design; engineering;
preparing, checking and review of designs, plans and specifications;
supervision; inspection to ensure that construction is in compliance
with the applicable plans, specifications, regulations and ordinances;
and legal, administrative and fiscal work undertaken to assure and
implement such compliance.
A.
Conveyance restricted. In the case of a lot of record
which does not conform to the zoning regulations of the Village of
Johnson Creek and which adjoins along a side lot line property held
in the same ownership, no such lot shall be conveyed to another owner
nor shall a building permit be issued for a structure on such a lot
except in conformity with the following:
(1)
Petition for determination. The owner of such substandard
lot may at any time prior to the proposed conveyance of such lot or
request for building permit petition the Village of Johnson Creek
for a determination as to the status of such lot.
(2)
Referral to Plan Commission. Such petition shall be
referred to the Plan Commission for study to determine the practical
possibility of a redivision of such ownership to provide lots which
will be in conformity with the zoning regulations of the Village of
Johnson Creek.
(3)
Time limit. The Plan Commission shall make its determination
within 40 days of the date the petition was received.
(4)
Criteria. The Plan Commission, in making its determination,
shall give consideration, among others, to the following factors:
(a)
Compatibility. The size, quality, and character
of existing lots and building development in the immediate area with
a view to maintaining compatibility and protecting existing values.
(b)
Sewage disposal. Where public sewer is not available,
the lot size necessary to ensure safe sewage disposal.
(c)
Practicability. The economic and engineering
practicability of any possible redivision.
(d)
Hardship. The degree of practical hardship which
may be imposed upon the owner.
(6)
Notification procedure. The Plan Commission in making
its determination shall first give notice to all property owners within
100 feet of the perimeter of the subject property that such a request
has been submitted for consideration.
B.
Determination of ownership. For the purpose of this
section, lots and property shall be considered in the same ownership
when owned by the same individual or corporation; an individual and
another in joint tenancy, or as tenants in common, and either of said
joint or common tenant or tenants owns other lots individually or
as joint tenant in common with another; an individual and other lots
are owned by his spouse, and when any of said lots are owned by an
individual and other lots are owned by a corporation in which said
individual is an officer or director or controlling stockholder.
C.
Prior approvals. Where the owner of such substandard
lot has been granted legal lot status under the provisions of this
section prior to the effective date of this chapter, such approval
shall be deemed valid.
D.
Combination of nonconforming lots. Prior to issuance
of building permits for any nonconforming lot(s) held in single ownership,
the owner of said nonconforming lot(s) shall first submit for approval
a certified survey map in the manner as set forth in this chapter.
A.
Where in the judgment of the Village of Johnson Creek
Plan Commission it would be inappropriate to apply literally the provisions
of this chapter because exceptional or undue hardship would result,
the Village of Johnson Creek Plan Commission may grant a variance
from any requirement to the extent deemed just and proper.
B.
No variance to the provisions of this chapter shall
be granted unless the Village of Johnson Creek Plan Commission finds
that all the following facts and conditions exist and so indicates
in the minutes of its proceedings:
(1)
Exceptional circumstances. There are exceptional,
extraordinary, or unusual circumstances or conditions where a literal
enforcement of the requirements of this chapter would result in severe
hardship. (Such hardships should not apply generally to other properties
or be of such a recurrent nature as to suggest that this chapter should
be changed.)
(2)
Preservation of property rights. Such variance is
necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same vicinity.
(3)
Absence of detriment. The variance will not create
substantial detriment to adjacent property and will not materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
C.
A minimum of five affirmative Village of Johnson Creek
Plan Commission member votes shall be required to grant any variance
of this chapter.
D.
The Plan Commission may waive the placing of monuments
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time, not to exceed one year, on condition that the
subdivider execute a surety bond to insure the placing of such monuments
within the required time limits established by statute. Additional
time may be granted upon show of cause.
E.
When such relief is granted it shall be without detriment
to the public good and without impairing the intent and purpose of
this chapter or the desirable general development of the Village of
Johnson Creek in accordance with the adopted regional, county or Village
of Johnson Creek comprehensive plan or adopted plan components. The
reasons shall be entered in the minutes of the Plan Commission.
No land shall be subdivided as a plat or certified
survey map which is determined to be unsuitable for such a use by
the Village of Johnson Creek Plan Commission, upon the recommendation
of the Village Engineer or any other agency as determined by the Village
of Johnson Creek Plan Commission, for reason of flooding, inadequate
drainage, adverse 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 of the Village
of Johnson Creek. In addition:
A.
Floodlands.
(1)
No lot served by public sanitary sewerage facilities
shall have less than its required lot area, as specified in the zoning
district regulations, below the elevation of the one-hundred-year
recurrence interval flood, or, where such data is not available, the
elevation shall be determined by a registered professional engineer
and the sealed documents shall be approved by the Village Engineer.
(2)
For planned unit development projects served by public
sanitary sewerage facilities, no lot shall have less than the average
lot area, as specified by the Plan Commission, below the elevation
of the one-hundred-year recurrence interval flood, or, where such
data is not available, the elevation shall be determined by a registered
professional engineer and the sealed documents shall be approved by
the Village Engineer.[1]
B.
The Plan Commission, in applying the provisions of
this section, shall in writing recite the particular facts upon which
it bases its conclusion that the land is unsuitable for residential
use and afford the subdivider an opportunity to present evidence in
rebuttal to such finding of unsuitability if he so desires. Thereafter
the Village of Johnson Creek Plan Commission may affirm, modify, or
withdraw its determination of unsuitability.
A.
It shall be unlawful to build upon, divide, convey,
record or place monuments on any land in violation of this chapter
or the Wisconsin Statutes, and no person, firm, or corporation shall
be issued a Village of Johnson Creek zoning, building, or plumbing
permit authorizing the building on, or improvement of, any lot, block,
parcel, certified survey map or any part of any 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 of Johnson Creek may institute
appropriate action or proceedings to enjoin violations of this chapter
or the applicable Wisconsin Statutes.
B.
Every structure, fill, or development placed or maintained
on floodlands in violation of this chapter is hereby declared a public
nuisance and the creating thereof may be enjoined and maintenance
thereof may be abated by action at suit of the state, the Village
of Johnson Creek or any citizen thereof.
It shall be unlawful to obstruct the flow of
surface water contrary to an approved stormwater and drainage plan
so as to prevent surface water from reaching a storm sewer or drainage
channel without interim ponding, except as provided in an approved
stormwater and drainage plan.
This chapter shall be administered by the Village
of Johnson Creek Administrator or his designee. The Village of Johnson
Creek Administrator, in the administration of this chapter, shall:
A.
Receive plats and certified survey maps from the subdivider.
The Village of Johnson Creek Administrator shall distribute copies
of plats and certified survey maps as provided for in this chapter
and shall receive review comments from review agencies, boards, and
committees required to comment on such land division.
B.
Advise the subdivider of all recommendations made
by the Village of Johnson Creek Plan Commission and actions taken
by the Village Board.
C.
Maintain records of plat and certified survey map
filings, approvals, fees paid, and other sureties.
D.
Determine that all land divisions within the jurisdiction
of this chapter requiring review by this chapter have secured the
necessary review and approvals.
E.
Assist the Village Attorney in the prosecution of
chapter violations.
Any person, firm or corporation who or which violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit an amount as provided in Chapter 60, Penalties, plus the costs of prosecution for each offense, and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the county jail until payment thereof, but not exceeding six months; provided, however, that the maximum forfeiture where a violation of any provision of this chapter is also a violation of a state statute shall not exceed the maximum fine imposed by the statute. In addition, the Village of Johnson Creek may seek injunctive relief or other appropriate remedial action and, in addition to the forfeiture, may order an assessor's plat to be made under § 70.27, Wis. Stats., at the expense of the subdivider or his agent, when a subdivision is created by successive divisions of land. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include the following:
Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal therefrom, as provided in
§ 236.13(5), Wis. Stats., within 30 days of notification
of the rejection of the plat. Where failure to approve is based on
an unsatisfied objection, the agency making the objection shall be
made a party to the action. The court shall direct that the plat be
approved if it finds that the action of the approving or objecting
agency is arbitrary, unreasonable or discriminatory.
