Chapter 45

* Cross References: Administration, ch. 2; buildings and building regulations, ch. 18; environment, ch. 34; health and sanitation, ch. 42; mobile homes and trailers, ch. 50; parks and recreation, ch. 58; planning, ch. 62; streets, sidewalks and other public places, ch. 74; utilities, ch. 86; zoning, ch. 100.

This chapter shall be known as, referred to, or cited as the "Land Division Ordinance, Village of Mukwonago, Waukesha County, Wisconsin."

This chapter is adopted under the authority granted by WS.A., §§ 61.35, 62.23, 144.26, and 236.45, and amendments thereto, and pursuant to this authority the Village Board of the Village of Mukwonago do ordain as follows in this chapter.

This chapter is enacted for the purpose of regulating and controlling the division of land within the incorporated areas and extraterritorial plat jurisdiction of the village in order to promote the public health, safety, morals, prosperity, aesthetics, and general welfare of the village.

It is the intent of this chapter to obtain the wise use, conservation, protection, and proper development of the village's soil, water, wetland, woodland, and wildlife resources, and attain a proper adjustment of land use and development to the supporting and sustaining resource base; to further the orderly layout and appropriate use of land; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for adequate light and air; to facilitate adequate provisions for housing, transportation, sewerage, schools, parks, playgrounds, and other public requirements; to provide for proper ingress and egress; to promote proper monumenting of land subdivided and conveyancing by accurate legal description; to secure safety from fire, panic, and other dangers; to avoid undue concentration of population; to secure safety from flooding, water pollution, disease, and other hazards; to prevent flood damage to persons and properties, and minimize expenditures for flood relief and flood control projects; to obtain dedication of floodland and certain shoreland areas for public and semipublic recreational uses to best meet the public demand for aquatic recreation with the least disturbance to shoreland owners; to prevent and control erosion, sedimentation, and other pollution of surface and subsurface waters; to preserve natural vegetation and cover, and promote the natural beauty of the village; to restrict building sites on floodlands, shoreland areas covered by poor soils, or in other areas poorly suited for development; to facilitate the further division of larger tracts into smaller parcels of land; to provide for the administration and enforcement of this chapter; to provide penalties for its violation; and to implement those municipal, county, watershed, or regional comprehensive plans or their components adopted by the village and, in general, to facilitate enforcement of village development standards as set forth in the adopted regional and village comprehensive plans, adopted plan components, zoning ordinance, building codes, and the highway width map of Waukesha County.

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.

In their interpretation and application, the provisions of this chapter 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.

If any section, provision, or portion of this chapter is adjudged invalid by a court of competent jurisdiction, the remainder shall not be affected thereby.

The village does not guarantee, warrant, or represent that only those areas designated as floodlands will be subject to periodic inundation and that those soils listed as being unsuited for specific uses are the only unsuited soils within the village and thereby asserts that there is no liability on the part of the village board, its agencies, or employees for sanitation problems or structural damages that may occur as a result of reliance upon, and conformancewith, this chapter.

All other ordinances or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

Jurisdiction of these regulations shall include all incorporated lands and waters within the village, as well as the unincorporated area within one and one-half miles of the corporate limits.

(3) The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this chapter or other applicable laws or ordinances;

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

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

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

(3) All comprehensive plans or components of such plans prepared by state, regional, county, or municipal agencies duly adopted or acknowledged by the village board.

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

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

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

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

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

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

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

(3) A parkland site fee shall be levied against the subdivider at the time of application for final plat or CSM approval at the rate and according to the procedures established in section 45-16(g) of this chapter. The payment for the parkland site fee shall be due at the time building permits are requested for each lot within the subdivision.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

All fees for the following shall be specified in the most current village board resolution unless otherwise specified:

(a) In general. The subdivider shall pay the village all fees as hereinafter required and at the times specified.

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

(c) Certified survey map review fee. The subdivider shall pay a fee to the village clerk at the time of application for approval of a certified survey map to assist in defraying the cost of review.

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

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

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

(g) Site plan review. The subdivider shall pay a fee to the village clerk at the time of application for approval of site plan reviews to assist in defraying the cost of review.

(h) Planned unit development review. The subdivider shall pay a fee to the village clerk at the time of application for approval of planned unit development reviews to assist in defraying the cost of review.

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

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

(k) Public site fee. If the subdivider is not required to dedicate public lands within his plat as provided in section 45-14 of this chapter, a fee for the acquisition of public sites to serve future inhabitants of the proposed subdivision or minor subdivision shall be paid to the village treasurer at the time of first application for approval of a final plat of said subdivision.

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

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

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

(a) Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100.00, nor more than $1,000.00 and the costs of prosecution for each violation. Any person, firm, or corporation in default of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding six months. Each day a violation exists or continues shall constitute a separate offense.

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

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

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

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

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

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

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

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

Building. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials.

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

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

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

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

Comprehensive plan. Any extensively developed plan, also called a master plan, prepared by and adopted by the Southeastern Wisconsin Regional Planning Commission, the County Park and Planning Commission, a city, village, or town planning commission, and certified to the county board pursuant to W.S.A., §§ 66.945, 59.97, and 62.23, including proposals for future land use, transportation, urban redevelopment, and public facilities. Devices for the implementation of these plans, such as zoning, official map, land division and building line ordinances, and capital improvement programs shall also be considered a part of the comprehensive plan.

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

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

Cul-de-sac street. A minor street closed at one end with a turnaround provided for vehicular traffic.

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

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

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

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

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

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

Environmental corridor. Those lands containing concentrations of scenic. recreational, and other natural resources as identified and delineated in the comprehensive planning program of the Southeastern Wisconsin Region by the Southeastern Wisconsin Regional Planning Commission. These natural resources and resource-related elements include lakes, rivers, and streams, together with their natural floodplains; wetlands; forests and woodlands; wildlife habitat areas; rough topography; significant geological formations; wet or poorly drained soils; existing outdoor recreation sites; potential outdoor recreation and related open space sites; historic sites and structures; and significant scenic areas or vistas.

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

Extraterritorial plat app royal jurisdiction. The unincorporated area within one and one-half miles of the village.

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

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

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

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

Frontage street. A minor street auxiliary to, and located on the side of, an arterial street for control of access and for service to the abutting development.

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

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

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

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

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

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

Lot, corner A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot size.

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

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

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

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

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

National map accuracy standards. Standards governing the horizontal and vertical accuracy of topographic maps and specifying the means for testing and determining such accuracy, endorsed by all federal agencies having surveying and mapping functions and responsibilities.

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

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

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

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

Regional flood. The flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once every 100 years; this means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence.

Replat. The process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a large block, lot, or outlot within a recorded subdivision plat without changing exterior boundaries of said block, lot, or outlot is not a replat.

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

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

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

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

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

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