Jurisdiction of these regulations shall include
all lands within the corporate limits of the Village of Saukville,
Wisconsin, and those lands within the extraterritorial jurisdiction
of the Village as established in §§ 61.35 and 62.23(2),
66.0105 and 236.10 of the Wisconsin Statutes. The provisions of this
chapter as it applies to divisions of tracts of land into less than
five parcels shall not apply to:
A.
Transfers of interests 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 these regulations, the zoning ordinances,[1] or other applicable laws or ordinances.
D.
Cemetery plats made under Wisconsin Statutes § 157.07.
E.
Assessors’ plats made under Wisconsin Statutes
§ 70.27 but such assessors’ plats shall comply with
Wisconsin Statutes §§ 236.15(1)(a) to (g) and 236.20(1)
and (2)(a) to (e).
No person, firm or corporation shall divide
any land located within the jurisdictional limits of these regulations
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.
Chapter 236, Wisconsin Statutes.
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 sever 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 shore land
areas.
E.
Duly approved comprehensive plan or comprehensive
plan component of the Village of Saukville, Wisconsin.
A.
Streets, highways, and drainageways. Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or any part of an arterial or collector street, drainageway, or other public way which has been designated on a duly adopted Village or regional comprehensive plan or comprehensive plan component, 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 or component and as set forth in Article VII of this chapter.
B.
Parks and playgrounds. Whenever a tract of land to be divided within the Village of Saukville encompasses all or any part of a park or playground which has been designated on a duly adopted Village or regional comprehensive plan or comprehensive plan component, said park or playground shall be made a part of that 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 in § 176-56 of this chapter.
Before final approval of any plat or certified
survey map located within the jurisdictional limits of this chapter,
the subdivider shall install street and utility improvements as hereinafter
provided. If such improvements are not installed as required at the
time that the final plat is submitted for approval, the subdivider
shall, before the recording of the plat, enter into a contract with
the Village agreeing to install the required improvements and shall
file with said contract a bond or letter of credit meeting the approval
of the Village Attorney or a certified check in the amount equal to
the estimated cost of the improvements, said estimate to be made by
the Village Board after review and recommendation by the Village Engineer,
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 providing such work,
shall be subject to review by the Plan Commission upon approval of
the Village Engineer and the Village Attorney.
B.
Governmental units to which these bond 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.
Plats outside the corporate limits. Before final approval
by the Village of any plat or certified survey map located outside
the corporate limits of the Village, but within the plat approval
jurisdiction of the Village, the subdivider shall give evidence that
he has complied with all street and utility requirements of the town
in which the land being platted is located.
D.
Survey monuments. Before final approval of any plat
within the Village or its extraterritorial jurisdictional limits,
the subdivider shall install survey monuments placed in accordance
with the requirements of § 236.15 of the Wisconsin Statutes
and as may be required by the Village Engineer.
Where, in the judgment of the Village Plan Commission, it would be inappropriate to apply literally the provisions of Articles VII and VIII of this chapter because of the proposed subdivision being located outside of the corporate limits, or because exceptional or undue hardship would result, the Village Plan Commission may grant a variance from any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Plan Commission finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings.
A.
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 hardship should not apply generally to other properties
or be of such a recurrent nature as to suggest that this chapter should
be changed).
B.
Preservation of property rights. That such variance
is necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same vicinity.
C.
Absence of detrimen. That 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.
D.
A minimum of 2/3 of Village Plan Commission member
votes shall be required to grant any variance of this chapter.
E.
The Village Board may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d) of the Wisconsin
Statutes, 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.
No land shall be subdivided for residential
use which is determined to be unsuitable for such use by the Village
Plan Commission, upon the recommendation of the Village Engineer of
any other agency as determined by the Plan Commission, for reason
of flooding, inadequate drainage, adverse soil or rock formation,
unfavorable topography 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. In addition:
A.
Floodlands. No lot served by public sanitary sewerage
facilities shall have less than 50% of its required lot area below
an elevation at least 2 feet above the elevation of the one-hundred-year
recurrence interval flood, or where such data is not available, five
feet above the maximum flood of record. No lot one acre or less in
an area served by on-site sanitary sewage disposal (septic tank) system
shall include floodlands. All lots more than one acre in area served
by a septic tank system shall contain not less than 40,000 square
feet of land which is above flood protection elevation at least two
feet above the elevation of the one-hundred-year recurrence interval
flood, or where such date is not available, five feet above the maximum
flood of record.
B.
Lands made, altered, or filled with nonearth materials
within the preceding 20 years shall not be divided into building sites
which are to be served by soil absorption waste disposal systems except
where soil tests prepared by a certified soil tester clearly show
that the soils are suited to such use. Soil reports shall include,
but need not be limited to, an evaluation of soil permeability, depth
to groundwater, depth to bedrock, soil-bearing capacity, and soil
compaction. To accomplish this purpose, a minimum of one test per
acre shall be made initially. The Village does not guarantee, warrant,
or represent that the required samples represent conditions on an
entire property and thereby asserts that there is no liability on
the part of the Village Board of Trustees, its agencies or employees
for sanitary problems or structural damages that may occur as a result
of reliance upon such tests.
C.
Lands made, altered, or filled with earth within the
preceding seven years shall not be divided into building sites which
are to be served by soil absorption waste disposal systems except
where soil tests prepared by a professional soil scientist clearly
show that the soils are suited to such use. Soil reports shall include,
but need not be limited to, an evaluation of soil permeability, depth
to groundwater, depth to bedrock, soil-bearing capacity, and soil
compaction. To accomplish this purpose, a minimum of one test per
acre shall be made initially. The Village does not guarantee, warrant,
or represent that the required samples represent conditions on an
entire property and thereby asserts that there is no liability on
the part of the Village Board of Trustees, its agencies, or employees
for sanitary problems or structural damages that may occur as a result
of reliance upon such tests.
D.
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 10% or greater.
E.
Lands having bedrock within six feet of the natural
undisturbed surface shall not be divided into building sites to be
served by on-site soil absorption sewage disposal systems.
F.
Lands having groundwater within six feet of the natural
undisturbed surface shall not be divided into building sites to be
served by soil absorption sewage disposal systems.
G.
Lands covered by soils having a percolation rate slower
than 60 minutes per inch or faster than 10 minutes per inch shall
not be divided into building sites to be served by on-site soil absorption
sewage disposal systems.
H.
Land 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.
I.
The Village 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 Plan Commission may affirm, modify, or withdraw its determination
of unsuitability.
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 building permit by the Village of Saukville authorizing
the building on, or improvement of, a subdivision, minor land division
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.
A.
Any person, firm or corporation who violates or fails
to comply with the provision of this chapter shall, upon conviction
thereof, forfeit not less than $100 nor more than $1,000, plus the
costs of prosecution for each offence 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. Each
day a violation exists or continues shall constitute a separate offense.
Violations and concomitant penalties shall include:
(1)
Recordation improperly made carries penalties as provided
in § 236.30 of the Wisconsin Statutes.
(2)
Conveyance of lots in unrecorded plats carries penalties
as provided for in § 236.31 of the Wisconsin Statutes.
(3)
Monuments disturbed or not placed carries penalties
as provided for in § 236.32 of the Wisconsin Statutes.
Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal such objection or failure
to approve as provided in § 236.13(5) of the Wisconsin Statutes,
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.
