INTRODUCTION
Authority. These regulations are adopted under the authority granted by section 236.45 of the Wisconsin Statutes.
Purpose. The purpose of the ordinance is to regulate and control the division of land within the corporate limits and extraterritorial plat approval jurisdiction of the Village of Deerfield in order to promote the public health, safety, morals, prosperity, aesthetics and general welfare of the community; to lessen congestion in the streets and highways; to further the orderly layout and appropriate use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; to facilitate the division of larger tracts into smaller parcels of land; to ensure adequate legal description and proper survey monumentation of subdivided land; to provide for the administration and enforcement of this ordinance; to provide penalties for its violation; to facilitate good land use planning and the enforcement of community development standards as set forth in the Master or Comprehensive Plan, other plan documents, Deerfield Zoning Ordinance, building code, official map and adopted policies of the Village of Deerfield; to promote the character of the Village and extraterritorial area with a view towards conserving the value of the buildings placed upon the land to provide the best possible environment for human habitation; and to encourage the most appropriate use of land throughout the Village and extraterritorial area.
Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing ordinances, easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to state or local laws. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall govern. This shall not affect the Village’s enforcement rights for existing violations under the former Chapter 25.
Interpretation. The provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
Severability. The provisions of this ordinance are severable. If any provision is found invalid on its face or as applied, such invalidity shall not affect other provisions which can be given effect without the invalid provision.
Effective Date. This ordinance shall take effect on the day after its publication.
Jurisdiction. The jurisdiction covered by this ordinance shall include all lands within the corporate limits of the Village of Deerfield as well as the unincorporated area within 1-1/2 miles of the Village corporate limits. The provisions of this ordinance shall not apply to divisions of tracts of land into less than five (5) parcels resulting from:
Transfers of interests in land by will or pursuant to court order;
Leases for a term not to exceed ten years, mortgages or easements;
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 Chapter 236 of the Wisconsin Statutes, these regulations, the Deerfield Zoning Ordinance, or other applicable laws or ordinances.
Compliance. No person, firm, corporation, partnership, or legal entity of any sort shall divide any land located within the jurisdictional limits of these regulations which results in a land division, subdivision, or a replat as defined herein; and, no such land division, subdivision, or replat shall be entitled to record; and, no street shall be laid out or improvements made to land without compliance with all requirements of this ordinance and with:
The provisions of Chapter 236, Wisconsin Statutes “Platting Lands and Recording and Vacating Plats”.
Rules of the Wisconsin Department of Commerce, including but not limited to Wis. Admin Chpt. Comm 83, and of Chapter 46 of the Dane County ordinances regulating lot size, lot elevation, soil permeability, etc., for private sewage systems if the land to be subdivided is not served by a public sewer and provisions for such service have not been made, which provisions are expressly incorporated herein by reference.
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, which provisions are expressly incorporated herein by reference.
The Village Master or Comprehensive Plan, Deerfield Zoning Ordinance, official map as adopted under Section 62.23, Stats., and all other applicable adopted ordinances, regulations, standards, policies and plans of the Village of Deerfield.
Condominiums.
Purpose. The Village finds that certain issues arise in condominium developments that require the applicability of this chapter to condominium developments. The state legislature has recognized that land division ordinances may apply to condominiums, but that land division ordinances shall not impose burdens upon condominiums that are different from those imposed on other property of a similar character not subject to a declaration of condominium. The Village finds that condominium developments can place impacts on community resources in the same manner as other developments which are characterized by division of land into lots. These impacts include, but are not limited to, the following:
Additional population density.
Possibility of the use of particular land in a manner unsuitable to the land’s characteristics.
Additional demand upon village parks, recreation areas, utility facilities and schools.
Additional traffic and street use.
Application of Ordinance to Condominiums. Each condominium project prepared pursuant to Section 703.11, Stats.. The condominium plat shall be reviewed under the standards for preliminary plats. This stage of approval shall be the only approval required for a condominium plat. The technical requirements for preliminary plats shall not apply, since condominiums have separate technical standards set forth in Wis. Stats. ch 703. The requirements relating to land suitability and construction practices, required improvements, design standards for improvements, dedication requirements and fees for review shall apply.
DEFINITIONS
In Chapter 25, the following words and phrases shall have the designated meaning unless a different meaning is expressly provided or the context clearly indicates a different meaning:
Act of Division. The division of a lot or parcel of land into two or more parcels.
Certified Survey Map. A drawing meeting all of the requirements of Section 236.34, Stats., which is the map or plan of record for a land division.
Comprehensive Development Plan (CDP). A total site plan of an area of land with 40 or more acres all under the control of a subdivider(s) at the time of submission for review. Such a plan shall specify and clearly illustrate the location, relationship, and nature of all primary and secondary uses, public and private easements, public and private roads, pedestrian paths, and common open space.
Comprehensive Plan. A comprehensive plan is a plan adopted under section 66.1001, Stats., and shall have the same meaning contained therein.
Curb Face-to-Curb Face. All of the paved portion of the street plus the concrete portion of the gutter.
Driveway. A surfaced vehicle access from private property to a public street.
Extraterritorial Plat Approval Jurisdiction. The unincorporated area within 1-1/2 miles of Village limits.
Final Plat. The map or plan of record of a subdivision and any accompanying material as described in section 25.6.
Greenway. An open area of land, the primary purpose of which is to carry storm water on the ground surface in lieu of an enclosed storm sewer. Greenways may serve multiple purposes in addition to their principal use including, but not limited to, vehicular, bicycle, and pedestrian traffic, sanitary sewers, water mains, storm sewers, storm water retention basins, park development and other related uses.
Improvements. Improvements include any structures erected on land subject to this ordinance, any facilities or appurtenances identified under section 25.10 as required improvements including public utilities, and any major land disturbing activities as defined in Chapter 31 of the Village Code.
Land Division. A division of a parcel of land where the act of division creates less than five lots, parcels or building sites of 15 acres each or less in area.
Lot. A parcel of land having frontage on a public street or other officially approved means of access, 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 this chapter and any applicable zoning ordinance.
Butt Lots are lots the rear lot lines of which abut the side lot lines of other lots platted in the same block not separated by an alley or other open space.
Master or Comprehensive Plan. Any master, development or regional plan adopted pursuant to Sections 61.35, 62.23, and 66.945, Stats., including but not limited to proposals for future land use, transportation, urban development and public facilities, which is applicable to the Village.
Official Map. A map indicating the location, width, and extent of existing and proposed streets, highways, parkways, parks and playgrounds as adopted and amended by the Village Board pursuant to Section 62.23(6), Stats.
Outlot. A parcel of land, other than a lot or block, so designated on the plat or certified survey map.
Parcel. Contiguous lands under the control of a subdivider whether or not separated by streets, highways, or bike trail rights-of-way.
Plan Commission. The Plan Commission of the Village of Deerfield.
Planned Unit Development (PUD). Zoning districts provided for in the Deerfield Zoning Ordinance at section 24.32.
Preliminary Plat. A map showing the salient features of a proposed subdivision or land division, as described in section 25.5, submitted to the Village for purpose of preliminary consideration prior to all final plats.
Public Way. Any public road, street, highway, walkway, drainage way, or part thereof.
Replat. Process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or a part thereof. The legal division of a larger block, lot or outlot within a recorded subdivision plat without changing exterior boundaries of said block, lot or outlot is not a replat but is a land division.
Residential Dwelling Unit. A single family dwelling or that part of a duplex, apartment, or other multiple family dwelling occupied by one family, or one distinct set of inhabitants.
Security. A bond, certificate of deposit, irrevocable letter of credit or certified check in a form acceptable to the Village.
Street. A public way for pedestrian and vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated, and which affords access to abutting property.
Major Street. A state or county highway or a public thoroughfare capable of accommodating a continuity of fast or heavy traffic, having an established right-of-way width of at least 120 feet.
Collector Street. A street which will carry traffic from a minor street to a major street system and includes principal entrance streets of developed areas and the primary circulating streets within a developed area.
Minor Street. A street used primarily for access to abutting properties.
Marginal Access Street, Service Drive or Frontage Road. Minor streets which are parallel to and adjacent to or in the immediate vicinity of a collector or major street which have for their purpose the relief of such thoroughfare from the local service of abutting properties.
Half Street. A street bordering one or more property lines of a tract of land in which the developer has dedicated part of the ultimate right-of-way.
Cul-de-sac. A minor street having one open end and being terminated at the other by a turnaround.
Structure. Anything which has the capacity to contain and is used for the occupation or shelter of man or animal or for the storage, receiving, retaining or confining of personal property, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground. The term does not include the facilities and appurtenances of public utilities other than buildings.
Subdivider. Any person, firm, corporation, partnership, or entity of any sort, which divides or proposes to divide land in any manner which results in a land division, subdivision or CDP.
Subdivision. The division of a lot, parcel or tract of land where the act of division:
Creates five or more lots, parcels or building sites of fifteen acres each or less in area; or
Creates five or more lots, parcels or building sites of fifteen acres each or less in area by successive divisions within a period of five years.
Urban Service Area. That area within the Village of Deerfield and its extraterritorial jurisdiction designated by the Village Board as the land to which all services required in urban areas shall be provided, particularly those facilities which are placed on or in the land as part of the urban development process. Such services include, but are not limited to, public sanitary and storm sewers, water supply and distribution system, streets and highways.
Village. The Village of Deerfield, Dane County, Wisconsin.
Board. The Village Board of the Village of Deerfield
Clerk. The Village Clerk of the Village of Deerfield.
Engineer. The Village Engineer of the Village of Deerfield.
Plan Commission. The Village of Deerfield Plan Commission.
Attorney. The Deerfield Village Attorney.
Assessor. The Village of Deerfield Assessor.
GENERAL PROVISIONS
Development Agreements For Plats, Comprehensive Development Plans, And Certified Survey Maps Required.
Requirement. No subdivision or land division shall be approved by the Village Board unless the owner/subdivider executes a development agreement with the Village wherein the subdivider agrees to install all required improvements, and agrees to all applicable improvement, land and facility dedications as set forth in this Chapter. The development agreement shall be in a form satisfactory to the Village and approved by the Village Board.
Adoption of Standard Form of Pre-Development Agreements. The Village hereby adopts the following standard forms of Pre-Development Agreements:
Pre-Development Agreement for Certified Survey Map
Pre-Development Agreement for Preliminary Plat
Pre-Development Agreement for Planned Unit Developments
Pre-Development Agreement for Comprehensive Development Plans
Copies of the standard forms of Pre-Development Agreements may be obtained from the Village Clerk. In special circumstances, such as a situation where annexation is anticipated, a special preannexation and predevelopment agreement may be drafted.
When Pre-Development Agreements are entered, the subdivider makes a deposit for professional review and administrative services that he or she will receive from the Village. This deposit is used to pay for services as fees for those services are incurred. If, at completion of review, any portion of the deposit remains, it is returned to the subdivider in accordance with the Predevelopment Agreement’s terms. This deposit is in addition to the Application Fees that are required. (See Section 25.15 regarding Application Fees and Engineering, Inspection and Attorneys Fees.)
Adoption of Standard Form of Development Agreement. The Village hereby adopts the following standard form of Development Agreements:
Development Agreement for Plat
(Single Phase)
Copies of the standard form of Development Agreement may be obtained from the Village Clerk. In other circumstances, such as situations where a subdivision requires multiple phases, a planned unit development or a land division that requires a development agreement, a special development agreement may be drafted.
Modification of Standard Forms Permitted with Board Approval. As necessary to better provide for the public health, safety and welfare of Village residents, and only with approval by a majority of the Village Board, the standard forms may be modified to meet the special needs of a particular CPD, subdivision or land division.
Conflicts with Other Ordinances; Liberal Construction. To the extent that the provisions of the standard forms of the Pre-Development Agreement and Development Agreement conflict with other provisions of this Chapter, the more restrictive provisions shall apply. When determining whether a conflict exists and interpreting the provisions in the ordinances, the provisions shall be liberally construed in favor of the Village.
Phased Development Permitted. Where appropriate, the Village Board may permit construction to be in phases provided that (1) construction shall be installed and completed in accordance with a schedule approved by the Village Board, and (2) security for performance is provided as required by section 25.3.3.2.
Security for Performance Required.
No Phases. To guarantee timely and satisfactory installation of the required improvements and as a condition of approval of the plat or certified survey map, the following conditions shall apply.
The subdivider shall furnish to the Village a bond or letter of credit in a form acceptable to the Village and in an amount equal to 115% of the estimated cost of all required improvements, with estimated costs as determined by the Village Engineer. There shall also be $1000 held as security for providing the recorded CDP, plat or certified survey map to the Village Clerk. The letter of credit shall be in substantially the same form as the sample attached hereto as Exhibit D, unless otherwise approved by the Village Attorney.
The subdivider shall furnish to the Village a WAIVER OF NOTICE, HEARING AND RIGHT TO CONTEST SPECIAL ASSESSMENTS AND/OR USE OF SPECIAL ASSESSMENT B BONDS FOR SIDEWALK, CURB AND GUTTER, STORM SEWERS, WATER MAINS, SANITARY SEWER, STREET AND STORMWATER IMPROVEMENTS FOR THE PLAT OF IN THE VILLAGE OF DEERFIELD, DANE COUNTY, WISCONSIN in a form acceptable to the Village. The Waiver shall be in substantially the same form as the sample attached hereto as Exhibit E and incorporated by reference, unless otherwise approved by the Village Attorney.
Phases. Where phased development is approved by the Village and to guarantee timely and satisfactory installation of the required improvements and as a condition of approval of the plat or certified survey map, the following special conditions shall apply:
The subdivider shall provide a bond or letter of credit as described in section 25.3.3.1.1, except that dollar amount of the bond or letter of credit shall be in an amount equal to 115% of the estimated cost of all required improvements for the first phase of the development, with estimated costs as determined by the Village Engineer. There shall also be $1000 held as security for providing the recorded CDP, plat or certified survey map to the Village Clerk. The bond or letter of credit shall not be reduced or released during or at completion of the first phase, but rather shall continue to be held by the Village as security until all phases are performed. If the estimated costs for a subsequent phase are greater than the first phase, the subdivider shall increase the amount of the bond or letter of credit to 115% of the estimated costs for the subsequent phase. Improvements constructed during a particular phase shall not be accepted until the bond or letter of credit has been posted for the subsequent phase, if any. No building permit shall be issued for construction until the bond or letter of credit has been posted for the subsequent phase, if any.
The subdivider shall furnish the Waiver required by section 25.3.3.1.2.
The subdivider shall provide the Village Engineer with units and unit prices for required improvements to aid in determining the security requirements, including but not limited to cost breakdowns for utility construction and related data required by the Public Service Commission.-
Subdivider shall not commence construction of any required improvements unless the security required by this section is provided.
The security deposit shall be a guarantee of payment and performance which shall include, but not necessarily be limited to a guarantee that each and every required improvement, construction phase, and other work will be completed and installed in accordance with the development agreement and Village specifications, that all such improvements shall be made by the subdivider or its contractors not later than eighteen (18) months from the date that the plat is recorded or such other dates as required in the development agreement with the Village, that all of the subdivider’s obligations to the Village under these ordinances and in the development agreement will be fully met, and that all of the subdivider’s obligations to the contractors, sub-contractors, laborers and materialmen will be fully paid and timely met.
The security deposit shall be used, applied and released pursuant to section 25.12.
Timing Elements.
A final plat must be submitted for final approval within six (6) months of the last required approval of the preliminary plat, otherwise any approving authority may refuse to approve the final plat regardless of prior action taken on the preliminary plat.
All final plats shall be recorded within the time limits specified in Section 236.25, Stats., except as otherwise specified in this ordinance.
Failure to record the final plat within twelve (12) months of the first approval shall require the subdivider to resubmit a preliminary plat pursuant to this ordinance and pay all fees required under this ordinance.
Failure to record the final plat within 30 days of last approval shall require the subdivider to resubmit a final plat pursuant to this ordinance, pay all fees required under this ordinance, and be subject to charges against subdivider’s security.
No improvements may be made until the final plat or certified survey map is properly recorded and all other requirements have been met.
Unless otherwise agreed to by the Village, or unless phased development is permitted, subdivider shall install all required improvements within eighteen months of final approval of the final plat or certified survey map.
Where phased development is permitted by the Village, all required improvements must be installed no later than four years of the date that the plat or certified survey map is recorded unless a different time period for completion is specified in the development agreement. Where phased development is permitted, the Village Board will also review and accept/reject the required improvements as the phase is completed.
All certified survey maps shall be recorded within thirty (30) days of final approval and six (6) months of first approval, and failure to do so shall obligate the subdivider to resubmit a certified survey map pursuant to section 25.4.5 of this ordinance and pay all fees required under section 25.15 of this ordinance.
All resubmissions of preliminary plats or final plats or certified survey maps under this subsection shall be treated as new and independent preliminary plats, final plats, or certified survey maps, and no approval of a previous preliminary plat, final plat or certified survey map shall be binding upon the Plan Commission or Village Board even if such plat or map is unchanged.
Reservation and Dedication of Land. This section establishes standards to ensure that adequate open spaces and public use areas are properly located and preserved as the community develops, that subdividers consider and plan for the dedication of public parks and facilities that are necessary to serve the additional families brought to the community as a result of the subdivider’s subdivision, that the cost of providing the public park and recreation sites is equitably apportioned on the basis of the additional need created by each development, and that the need for open spaces and public use areas is coordinated with the Village’s environmental and land use goals.
Dedication of Public Ways. Whenever a tract of land to be subdivided embraces all or any part of a street, drainageway or other public way which has been designated in the Master or Comprehensive Plan or the official map of the Village of Deerfield, said public way shall be made a part of the plat or certified survey map and dedicated by the subdivider.
Dedication of Parks, Playgrounds, and Open Spaces. The subdivider shall dedicate, in a location acceptable to the Village, sufficient land area to provide adequate park, playground, recreation, bike paths, hiking trails, walkways and open space to meet the needs to be created by the land division or subdivision and in accordance with the Village’s Master or Comprehensive Plan, parks plan and official map. The required dedication shall be no less than 4% of the plat area. In areas of the Village where the Official Map has identified park or open space areas, these areas shall be dedicated for such use as the land adjacent to it is platted. The subdivider shall grade and seed the dedicated area and shall maintain same until the expressly accepts maintenance of the dedicated area.
Payment in Lieu of Dedication.
Where there is no land suitable for dedication within the proposed land division, subdivision, or comprehensive development plan, or where the dedication of land would not be compatible with the Village Master or Comprehensive Plan, or where the Village determines that a cash contribution will better serve the public interest, the subdivider may be required to pay a fee in lieu of making the required land dedication. The decision as to whether land is dedicated or a payment is made in lieu of dedication shall be recommended by the Plan Commission after consultation with the subdivider, and must also be approved by the Village Board.
The payment for single family development shall be $485.00 per lot within the proposed division. The payment for a multi-family development shall be $485.00 per unit within the proposed land division.
The Plan Commission may, in its sole discretion, permit the subdivider to satisfy the above requirements by combining a land dedication with a fee payment.
Any fees in lieu of dedication shall be paid in full prior to final approval by the Village of the plat, certified survey map or comprehensive development plan. In phased developments, any parkland fees due shall be based on the phase being approved and shall be paid prior to plat approval. Then commencement of the required improvements for that phase may begin. The amount due for additional phases(s) shall be determined by the ordinance in effect at the time that the additional phase(s) is approved.
The Village shall place any fee collected pursuant to the provisions of this section in a separate non-lapsing, interest-bearing trust fund. The fund will be used exclusively for land and capital equipment, acquisition of adequate park, playground, recreation, bike paths, hiking trails, walkways and open space, and/or development within the planning area in which it was collected to meet the needs created by the land division, subdivision, or comprehensive development plan. The planning areas are those whose boundaries are identified in the Park Plans for the Village of Deerfield. All park use funds collected for those planning areas that have an existing excess of recreational land based on their projected population needs as listed in the Park Plan shall be used for development and maintenance of the existing lands. This policy will also be followed as to other planning areas to meet their respective recreational needs in the future.
Waiver and Assessment. At the discretion of the Village Board, the Village may waive the requirement to pay the fee as stated in subsection 25.3.5.3 above, and instead require as part of the development agreement that any fee payable in lieu of dedication shall be an assessment and lien upon the parcels within the land division or subdivision or comprehensive development plan and that upon the sale of any parcel subject to such assessment and lien, the fee shall be paid in full. Before any building permit is issued for any parcel which is subject to such assessment and lien, the fee shall be paid in full.
Reservation of Public Sites and Open Spaces. In designing a land division or subdivision, due consideration shall be given to the reservation of suitable sites for future schools, parks, playgrounds, drainage ways, bike paths, hiking trails, walkways, open space, and other public purposes. In the location of such, consideration shall be given to the preservation of scenic and historic sites, stands of fine trees, marshes, lakes and ponds, water courses, watersheds and ravines. The subdivider may be required to reserve such school, park, recreation and public use areas for a period not to exceed two (2) years for acquisition by the Village, or other appropriate government entities, at undeveloped land cost. Where the proposed public lands lie outside the corporate limits of the Village but within the jurisdictional area of these regulations, they shall be reserved for acquisition by the town, county, school district, or Village at undeveloped land cost.
Exceptions. The requirements for dedication or payment in lieu of dedication or reservation of land shall not be applicable to land divisions which create lots or parcels intended for non-residential uses; nor to those land divisions which received Plan Commission approval of a certified survey map or a Board approval of a final plat prior to the adoption of this Chapter; nor to lots created which contain an existing dwelling unit on the date of adoption of this Chapter.
General Dedication Provisions.
Effect of Recording on Dedications. When any plat, certified survey map or CDP is certified, signed, acknowledged and recorded as prescribed by Chapter 236, Stats., every donation to grant to the public or any person, society or corporation marked as noted as such on said instrument shall be deemed a sufficient conveyance to vest the fee simple of all parcels of land so marked or noted, and shall be considered a general warranty against such donors, their heirs and assigns to the said donees for their use for the purposes therein express and no other; and the land intended for the streets, alleys, ways, commons or other public uses as designated on said instrument shall be held by the Village, in which said instrument is situated in trust to and for such uses and purposes.
Dedications to Public Accepted by Approval. When a final plat, certified survey map or CDP has been approved by the Village and all other required approvals are obtained and such instrument is recorded, such approval shall constitute an acceptance for the purpose designed on the instrument of the uses of all lands shown thereon as dedicated to the public, including street dedications.
Restriction for Public Benefit. Any restriction on the land by covenant, grant of easement or in any other manner, which was required by a public body as grantee, promisee or beneficiary, shall vest in the Village the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction. Such restriction may be released or waived in writing by the Village having the right or enforcement.
Survey Monuments. Before final approval of any CDP, plat or certified survey map, the subdivider shall install survey monuments placed in accordance with the requirements of Section 236.15, Stats. At the sole discretion of the Village, the Village Board may waive the placing of monuments, required under Sections 236.15(b), (c) and (d), Stats., for a reasonable time as set forth in the development agreement, provided that a letter of credit or other adequate security is provided for the cost of placing of said monuments.
Outlots. No outlot in a subdivision or CDP may be used as a building site unless it is in compliance with all restrictions imposed by Chapter 236 of the Wisconsin Statutes and the provisions of this ordinance. No outlot in a land division may be used as a building site unless it is in compliance with all the provisions of this ordinance. An outlot may be conveyed whether or not it may be used as a building site.
Violations. It shall be unlawful to build upon, divide, convey, record or monument any land in violation of this ordinance or of the Wisconsin Statutes; and no person, partnership, firm, corporation, or entity of any sort shall be entitled to record in the Register of Deeds office; and no person, partnership, firm, corporation, or entity of any sort shall be issued a building permit by the Village, authorizing the building on, or improvement of, any land division, subdivision, or replat within the jurisdiction of this ordinance not of record as of the effective date of this ordinance until all of the provisions and requirements of this ordinance have been fully met. The Village may institute appropriate action or proceedings to enjoin violations of and enforce compliance with this ordinance or the applicable Wisconsin Statutes.
Penalties.
Forfeiture for Improper Recording or for Failure to Timely Record. Any person causing a final plat to be recorded without submitting such plat for approval as herein required, or who shall fail to present the such plat for recording within the time specified after approval shall forfeit, upon conviction, not less than $100 or more than $1000 and in default of payment thereof may be confined in the Dane County Jail until such forfeiture is paid, such confinement not exceeding 30 days.
Transfer of Lots in Unrecorded Plat. Any subdivider or his agents who offers or contracts to convey, or conveys, any subdivision as defined in Section 236.02(12), Stats., or lot or parcel which lies in a subdivision as defined in Section 236.02(23), Stats., knowing that the final plat thereof has not been recorded may, upon conviction, be subject to a forfeiture not exceeding the sum of $500 and in default of payment thereof may be confined in the Dane County Jail until such forfeiture is paid, such confinement not to exceed 30 days; except as provided in Section 236.31(1), Stats.
Penalty for Not Placing Monuments. Any subdivider who fails to place monuments as prescribed by this chapter, when subdividing land shall upon conviction forfeit a sum not exceeding $250 and in default of payment, thereof, may be confined in the Dane County Jail until such forfeiture is paid, such confinement not to exceed 30 days.
Knowingly Removing or Disturbing Monuments. Any persons who knowingly removes or disturbs any monument or survey marker as prescribed in this Chapter without permission or any governing authority, or who fails to report such disturbance or removal shall forfeit, upon conviction, a sum not exceeding $250 and in default of payment, thereof, may be confined in the Dane County Jail until such forfeiture is paid, such confinement not to exceed 30 days.
Failure to Replace Removed or Disturbed Monuments. Any person who fails to properly replace any monument or survey marker removed or disturbed by that person when ordered to do so by any Village officer shall forfeit, upon conviction, the sum of not more than $250 plus all costs of restitution of such monuments or survey markers, and in default of payment thereof, may be confined in the Dane County Jail until such forfeiture is paid, such confinement not to exceed 30 days.
Cost of Enforcement. In addition to all the other penalties specified in this subsection, the defaulting party shall also pay the Village costs of enforcement, including but not limited to attorney fees and court costs.
Additional Penalty. Any person who shall fraudulently or maliciously misleads the Village or any of its officers in relation to any fact, information or other matter pertinent to subdivision of land, as contained in this chapter, with a view to obtaining any benefit, privilege or other consideration or who shall falsify any statement required to be made upon an application for a plat approval or who shall misrepresent any material part of a subdivision plat filed or pending before the Board or the Plan Commission or any department of the Village charged with the administrative functions of land subdividing shall upon conviction forfeit not more than $500 plus the cost of prosecution in default in payment thereof shall be confined in the Dane County Jail, such confinement not to exceed 30 days.
Capital Facilities. Any entity proposing a subdivision, land division, or comprehensive development plan that causes a need for additional capital facilities shall pay: (i) the full cost of all additional capital facilities required within the boundaries of the proposed division; and (ii) the appropriate proportionate cost of other additional off-site capital facilities required to serve the proposed division. This provision supersedes any other Village ordinance provisions with regard to the cost of additional capital facilities or municipal services. This provision is not intended to create any general obligation on the part of the Village to construct additional capital facilities in order to accommodate any particular subdivision or land division. However, if the Village determines to construct such additional facilities, the costs shall be borne as specified herein.
Determination. A preliminary plat or CDP containing 50 or more dwelling units shall not be approved unless the Village Board, after recommendation from the Plan Commission, reviews the development’s impact on public facilities and services and determines that adequate public facilities and public services are available to meet the needs of the proposed development.
Impact Study. An impact study shall be required for any preliminary plat or CDP containing 50 or more dwelling units. In the case of phased development, the determination shall be made if there are 50 or more dwelling units in all phases of the development. The impact study shall be one of the items considered in determining whether or not adequate public facilities and public services are available to meet the needs of the proposed development. At the subdivider’s expense, an independent consultant approved by the Village which consultant includes the subdivider’s engineer, shall prepare an impact study for the Plan Commission and Village Board on the adequacy of public water and sanitary sewer facilities, storm sewers and other public drainage facilities, fire, police and emergency medical services, parks, open space and recreation facilities, transportation facilities and schools to meet the needs of the proposed development. The Plan Commission shall cooperate with the consultant in preparation of the impact study and shall coordinate the consultant’s requests for input from various Village departments as appropriate.
Environmental Checklist.
Environmental Assessment Checklist. At the time application is made for the review of a preliminary plat or CDP, the subdivider shall also file with the Village Clerk ten (10) copies of a completed environmental assessment checklist on the form made available by the Village Clerk. The environmental assessment checklist shall be completed to the best of the subdivider’s ability. No application for a preliminary plat or CDP shall be deemed complete until the completed environmental assessment checklist is filed. The purpose of the environmental assessment checklist is to provide information necessary for reviewing the proposed division’s impact on the environment, for determining the land’s suitability for division and to otherwise further the purposes set forth in section 25.1.2 of this ordinance and Section 236.45(1), Stats., and the Village’s Master or Comprehensive Plan.
Determination of Need for Expanded Environmental Assessment. The Environmental Assessment Checklist shall be reviewed by the Plan Commission. The Plan Commission may decide that the preliminary environmental assessment raises significant or unanswered questions regarding the impact of the proposed land division on the environment and/or that review by other committees and commissions is required. The Plan Commission may also request input from other governmental agencies. If the Plan Commission determines that an expanded environmental assessment is warranted, it shall notify the subdivider in writing of the specific questions and/or areas in which further information is required and set a reasonable date for the return of the requested information. It may also specify the format in which the information is to be presented. Failure to respond the Commission’s request for additional information within 60 days may constitute grounds to reject and/or conditionally approve the preliminary plat or comprehensive development plan.
Review. The Plan Commission shall review the Environmental Assessment Report, with supporting data, department and committee reviews and any other data required for determining the suitability of the land for the proposed development. If the Plan Commission requests engineering, legal, or other technical assistance for review, such review costs shall be paid for by the subdivider. The Plan Commission shall decide whether said land is suitable for development and whether such subdivision is consistent with the purposes of this and other Village ordinances, Section 236.45, Stats., and the Village’s Master or Comprehensive Plan.
Land Suitability. No land shall be divided which is held by the Village Plan Commission to be unsuitable for use by reason of flooding, inadequate drainage, adverse soil or rock formations with severe limitations for development, steep slopes, severe erosion potential or unfavorable topography, overall negative environmental impact, 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 community. The Village Plan Commission, in applying the provisions of this section, shall in writing state the basis for its conclusion that the land is not suitable for the proposed use.
GENERAL PROCEDURE
Preliminary Consultation. It is recommended that, prior to the filing of an application for the approval of any land division or preliminary plat, the subdivider meet with the Village Engineer and the Plan Commission. This consultation is neither formal nor mandatory, but is intended to inform the subdivider of the purpose and objectives of these regulations, the Master or Comprehensive Plan, and duly adopted plan implementation devices of the Village and to otherwise assist the subdivider in planning his development. This step does not require formal application, fee, or filing of a plat, but may include a preliminary sketch or execution of a Pre-Development Agreement.
Preliminary Plat Review.
Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat. A preliminary plat will only be deemed filed after the Clerk determines that the preliminary plat application packet is complete and complies with the requirements of this ordinance as to form. A complete preliminary plat application packet includes, but is not limited to, an executed Pre-Development Agreement, a minimum of sixteen (16) copies of the plat and the written application (of which 6 shall be full size maps and 10 shall be smaller size maps), ten (10) copies of an erosion control plan under section 25.5.6, ten (10) copies of a completed environmental assessment checklist under section 25.3.12, and all review fees required by section 25.15. A preliminary plat deemed complete and filed shall be forwarded to the Plan Commission in advance of the Plan Commission meeting at which action is desired. The subdivider shall also forward a copy of the plat and application to the local electric, gas, cable and telephone utilities.
The preliminary plat shall cover the entire area owned or controlled by the subdivider even though only a small portion thereof is proposed for development at the time, and shall be prepared in accordance with the ordinance. The Plan Commission may waive the requirement that the preliminary plat cover the entire area where it is unnecessary to fulfill the purpose of the ordinance.
After the Clerk determines that the preliminary plat is complete and deemed properly filed, the Clerk shall note on each print the date filed and shall forthwith forward copies to the following:
One copy to the Official File of Deerfield.
Two copies of the large map to the Plan Commission and smaller individual maps to Plan Commission members.
Two copies to the Village Engineer.
One copy to the Village Attorney.
Copies to all agencies and departments as required under section 236.12, stats.
The Plan Commission shall, within 40 days of the filing date, but no earlier than 15 calendar days after the filing date:
Following class 1 notice as provided in Wis. Stats, ch 985, hold a joint public hearing with the Village Board ;
Examine the preliminary plat for conformity with the requirements of this ordinance and with the requirements of any other ordinance, statute or administrative rule and regulation, and for compliance with the Master or Comprehensive Plan and other applicable plans; and,
Consider the environmental assessment checklist pursuant to section 25.3.12; and,
Negotiate with the subdivider on changes deemed advisable; and,
Negotiate with the subdivider on the Development Agreement.
Recommend approval or conditional approval of the plat to the Village Board or reject the plat.
If approval or conditional approval is recommended, the preliminary plat shall be referred to the Village Board for consideration. The Village Board shall then approve, conditionally approve, or reject the preliminary plat. One copy of the plat shall be returned to the subdivider, his surveyor, or engineer with the date and action endorsed thereon; and if approved conditionally or rejected, the conditions of approval or reasons for rejection shall be endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Village, failure to complete the action herein required within ninety (90) days of a completed filing of the preliminary plat shall constitute an approval of the preliminary plat as submitted, on the condition that the final plat must comply with this ordinance.
Approval or conditional approval of a preliminary plat entitles the final plat to approval provided the final plat conforms substantially to the preliminary plat, including any conditions of that approval, and conforms to any applicable Village plans and ordinances.
Final Plat Review.
It is recommended but not required that, prior to the filing of an application for the approval the final plat, the subdivider submit the final plat to the Village Engineer to check prior to final processing.
A final plat will only be deemed filed after the Clerk determines that the final plat application packet is complete and complies with the requirements of this ordinance as to form. A complete final plat application packet includes, but is not limited to, a minimum of twelve (12) copies of the plat, an executed Development Agreement, all review fees under section 25.15, security and security deposit monies required section 25.3.3 or the Development Agreement, either an abstract of title plus current title opinion, or title insurance certified to the date of submission (to be reviewed by village Attorney to confirm all parties having an interest in said land(s) who must sign to owners certificate on the plat), deed restrictions under section 25.6.3, test results as required under section 25.5.4, final street grades under section 25.10.2.5, unit and unit prices for improvements as required under section 25.3.3.3, and any other filings required under this ordinance. A final plat deemed complete and filed shall be forwarded to the Plan Commission no less than 15 days in advance of the Plan Commission meeting at which action is desired.
Within 2 days after the Clerk determines that the final plat is complete and deemed properly filed, legible copies thereof furnished by the subdivider at his expense shall be forwarded by the Clerk to the following:
One copy to the Official File of Deerfield.
Two copies of the large map to the Plan Commission and smaller individual maps to Plan Commission members.
Two copies to the Village Engineer.
One copy to the Village Attorney.
Copies to all agencies and departments as required under Wis. Stats. §236.12.
The Plan Commission shall examine the final plat for conformity with the preliminary plat and any conditions of approval, with the requirements of this ordinance, and with the requirements of any other ordinances, statutes, administrative rules and regulations, or local plans which may be applicable to it. Following review, the Plan Commission shall recommend approval of the final plat to the Village Board or shall reject the plat.
If approval is recommended, the final plat shall be referred to the Village Board for consideration. The Village Board shall approve, conditionally approve, or reject the final plat within 60 days of its complete submission to the Clerk, unless the time is extended by agreement with the subdivider and the time of such extension is stated in the minutes of the Board. One copy of the plat shall then be returned to the subdivider with the date and action endorsed thereon, and if approved conditionally or rejected, the conditions for approval or reasons for rejection shall be endorsed thereon or attached thereto. Reasons for rejection shall be stated in the minutes of the Board.
The final plat may, if permitted by the Plan Commission, include only that portion of the approved preliminary plat which the subdivider proposes to record at that time.
The Village Plan Commission shall, when it determines to recommend approval of a plat, give at least ten (10) days prior written notice of its intention to the clerk of any municipality within 1,000 feet of the plat, provided, however, that failure to give such notice shall not invalidate any plat.
After the final plat has been approved by the Village Board, the subdivider shall submit the final plat to the Village Clerk to be inscribed in accordance with section 25.13 herein.
A duplicate tracing as specified by the Village Engineer of the final recorded plat along with a digital copy of the map, in AutoCad format, shall be filed with the Village Engineer and the Village Clerk by subdivider within 10 days after recording.
To facilitate updating the Village boundary maps, the subdivider shall file with the Village Engineer such information as the Village Engineer deems advisable to enable an update of the Village boundary description that must be filed with the Secretary of State.
Replats.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change its boundaries, or a part thereof the subdivider or person wishing to rep1at shall vacate or alter the recorded plat as provided in sections 236.40 to 236.44, Stats. The subdivider, or person wishing to replat, shall then proceed as specified in sections 25.3 through 25.7.
Whenever a preliminary plat of a replat is filed, the Plan Commission shall schedule and hold a public hearing before it acts on the plat. Notices of the proposed replat and public hearing shall be mailed, at the subdivider’s expense, to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties adjacent to the proposed replat.
Land Divisions by Certified Survey. A certified survey approved under this section, and meeting the requirements of section 236.34, Stats., and of this ordinance, may be utilized to create not more than four (4) parcels or building sites, fifteen (15) acres each or less in size.
It is recommended, but not required that, prior to the filing of an application for the approval of any certified survey, the subdivider meet with the Village Engineer and the Plan Commission regarding the requirements of this section.
The Plan Commission may require a preliminary CSM to be filed by a subdivider who is seeking approval of a certified survey map. When required, the preliminary CSM must include all lands under the control of the applicant within a parcel up to a maximum area of forty (40) acres. When a preliminary CSM is not required, the certified survey map shall include the entire parcel owned by the subdivider.
In addition to other requirements in this Chapter and in the statutes, a certified survey map shall conform to the following:
All outstanding special assessments shall be paid prior to final approval of the certified survey map.
The survey shall be performed and the map prepared by a registered surveyor.
A certified survey map will only be deemed filed after the Clerk determines that the CSM application packet is complete and complies with the requirements of this ordinance as to form. A complete CSM application packet includes, but is not limited to, a minimum of ten (10) blueline prints or other acceptable reproductions of a certified survey map and the written application, an executed Pre-Development Agreement, ten copies of an erosion control plan under section 25.7.7, applicable zoning maps under section 25.7.6, street grades under section 25.10.2.5 if new streets are created, unit and unit prices for improvements as required under 25.3.3.3, review fees required under section 25.15 or the Pre-Development Agreement. A CSM deemed complete and filed no less than 15 days before the meeting shall be forwarded to the Plan Commission for review.
After the Clerk determines that the application has been properly filed, the Village Clerk shall transmit the copies of the map and application to the Plan Commission and to all affected Village departments for their review and recommendations concerning matters within their jurisdiction. Department recommendations shall be transmitted to the Plan Commission within twenty-one (21) days from the date the map is deemed filed.
Within forty (40) days of complete filing, the Plan Commission shall review the map for conformance with this ordinance, the Village Master or Comprehensive Plan, and any statute, ordinance, rule, or regulation which affects it, and shall recommend approval or conditional approval of the map to the Village Board or shall reject the map. If approval or conditional approval is recommended, the map shall be referred to the Village Board for consideration.
The Village Board shall then approve, conditionally approve, or reject the map. One copy of the map shall be returned to the subdivider with the date and action endorsed thereon; and if approved conditionally or rejected, the conditions of approval or reasons for rejection shall be endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Village, failure to complete the action required herein within ninety (90) days of the completed filing of the map shall constitute an approval of the map.
After the certified survey has been approved by the Village Board, and the executed development agreement and security for the installation of improvements have been filed in accordance with section 25.3.3, and any fee imposed pursuant to section 25.3.5 and section 25.15, or any other required costs, fees and assessments have been paid, the subdivider shall submit the map to the Village Clerk. The Clerk shall execute the certificate inscribed upon the map attesting to such approval and return the map to the subdivider for recording.
A duplicate tracing as specified by the Village Engineer of the final recorded CSM along with a digital copy of the map, in AutoCad format, shall be filed with the Village Engineer and Village Clerk by subdivider within 10 days after recording.
To facilitate updating the Village boundary maps, the subdivider shall file with the Village Engineer such information as the Village Engineer deems advisable to enable an update Village boundary description that must be filed with the Secretary of State.
Land Division Within Extraterritorial Plat Approval Jurisdiction. In all cases, the time period within which action is required shall not begin until the Town Board, the staff serving the Dane County Zoning and Natural Resources Committee, and the Village have received all maps, drawings and data required for plat approval, and subdivider has provided sufficient evidence of such receipt.
No person, firm or corporation shall divide any land within the 1-1/2 mile extraterritorial plat approval jurisdiction of the Village, without first obtaining approval of a CDP, certified survey map or plat from the Village Board.
The procedures and requirements for plat review, certified survey map, or CDP review as set forth in sections 25.3 through 25.8 shall apply, depending upon the number of lots being created. All other provisions of this ordinance shall apply as deemed appropriate by the Plan Commission and Village Board.
The Plan Commission may require placement of covenants or deed restrictions that are deemed necessary and appropriate by the Village to protect the purpose and intent of the Village plans and ordinances. Any such restrictions shall be placed on the face of the certified survey map or on surrounding lands from which the lot or lots were created to verify the density standard established herein.
PRELIMINARY PLAT
General. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a land surveyor registered in this state. At the discretion of the Plan Commission, a preliminary plat may be required for a land division which presents special development issues. A preliminary plat shall be prepared on tracing cloth or paper of good quality capable of clearly legible reproduction at a scale of not more than 100 feet to the inch and shall show correctly on its face the following information:
Title under which the proposed subdivision is to be recorded.
Location of proposed subdivision by: government lot, quarter-quarter section, township, range, county, and state; and a small scale drawing of the section or government subdivision of the section in which the subdivision lies with the location of the subdivision indicated thereon
Date, scale and north point.
A description of the material of which the corner marker is composed.
Names and addresses of the owner, subdivider, the surveyor, the engineer, and the professional land planner involved in the plat preparation.
The entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat even though only a portion of said area is proposed for immediate development. The Village Plan Commission may waive this requirement where a comprehensive development plan has been previously approved and recorded for the area and where it is otherwise unnecessary to fulfill the purposes and intent of this ordinance and undue hardship would result from strict application thereof.
The present zoning and any proposed zoning change for the plat and all lands adjacent thereto.
Location and elevation of any land situated in a flood plain.
Plat Data. All preliminary plats shall show the following:
Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in U.S. Public Land Survey and the total acreage encompassed thereby.
Contours at vertical intervals of not more than 4 feet where the slope is greater than 10% and not more than 2 feet where the slope is less than 10%. Elevations shall be marked on such contours based on the North American Vertical Datum of 1988.
Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water elevations, based on the North American Vertical Datum of 1988.
Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, utility rights-of-way, park and cemeteries, and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.
Location and names of any adjacent subdivisions, and owners of record of abutting unplatted lands.
Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto together with any legally established centerline elevations, based upon or established by the most current standards used by the Village as determined by the Village Engineer.
Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision. Elevations shall be based on the North American Vertical Datum of 1988.
Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes or such facilities to which connection must be made in order to be serviced by public utilities the area covered by the preliminary map; the location of manholes, catchbasins, hydrants, power and telephone poles; and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size, and invert elevations.
Source of domestic water supply and type of sewage disposal, locations of sites for community domestic water plant and/or community sewage treatment plant and all subject to rules and regulations of the state Department of Health.
Locations of all existing property boundary lines, structures, drives, streams and watercourses, marshes, rock outcrops, wooded areas, and other similar significant features within the tract being subdivided or immediately adjacent thereto.
Location, width, length, bearing and names of all proposed streets and public rights-of-way such as alleys and easements.
Any proposed lake and stream improvement or relocation.
Location and approximate dimensions of any sites to be reserved or proposed to be dedicated for parks, playgrounds, public use, or used for group housing, shopping centers, church sites, or other nonpublic uses not requiring lotting.
When a street is on a circular curve, the main chords of the right-of-way lines shall be drawn as dotted or dashed lines in their proper places. All curved lines shall show, either on the lines or in an adjoining table, the radius of the circle, the central angle subtended, the chord bearing, the chord length and the arc length for each segment. The tangent bearing shall be shown for each end of the main chord for all circular lines. When a circular curve of 30-foot radius or less is used to round off the intersection between two straight lines, it shall be tangent to both straight lines, and in such event, it is sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to the point of intersection of the straight lines.
Existing zoning on and adjacent to the proposed subdivision when the plat is located within the extraterritorial plat approval jurisdiction of the Village.
Corporate limits lines.
Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed ‘subdivision in relation to the access.
Approximate dimensions and setback lines shall be shown for all lots and outlots together with proposed lot, outlot and block numbers.
Any other information requested by the Plan Commission or Village Board.
Street and Utility Plans and Profiles. The subdivider shall provide preliminary street and utility plans and profiles showing existing ground surface, established and preliminary proposed grades and locations for streets and public sanitary sewers, storm sewers and water mains, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. All elevations shall be based upon the North American Vertical Datum of 1988., and pla