Chapter 17.05


17.05.010    Authority.

17.05.020    Title.

17.05.030    Purpose.

17.05.040    Intent.

17.05.050    Abrogation and greater restrictions.

17.05.060    Interpretation.

17.05.070    Severability.

17.05.080    Repeal.

17.05.090    Disclaimer of liability.

17.05.100    Adoption of title.

17.05.110    Adoption and effective date.

17.05.010 Authority.

These regulations are adopted under the authority granted by Wis. Stat. §§ 60.10(2)(c), 60.22(3), 61.34(1), 236.03 and 236.45. This title was adopted by the Town Board upon the recommendation of the Town of East Troy Planning Commission, the Town of East Troy’s Planning Agency under Wis. Stat. §§ 61.35, 62.23 and 236. 45(2) as identified in Chapter 18.60 ETMC Section 18.12 .

(Ord. 2016-2 § 1. 2008 code § 18.01(1))

17.05.020 Title.

This title shall be known as the subdivision control ordinance, Town of East Troy, Walworth County, Wisconsin. (2008 code § 18.01(2))

17.05.030 Purpose.

The purpose of this title is to regulate and control the division of land within the civil boundaries of the Town in order to promote the public health, safety, morals, prosperity, aesthetics and general welfare of the community. (2008 code § 18.01(3))

17.05.040 Intent.

It is the intent of this title to regulate the division of land so as 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 provisions for transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; to facilitate the further 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 title; to provide penalties for its violation and in general to facilitate enforcement of community development standards as set forth in the applicable comprehensive plan, comprehensive plan components, zoning codes, building codes and official maps. (2008 code § 18.01(4))

17.05.050 Abrogation and greater restrictions.

It is not intended by this title to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to law. All notice deadlines, and time limits for subdividers are established to conform with the same notice deadline and time limits established for subdividers in Wis. Stat. Ch. 236. Likewise, this title is not meant to be more restrictive than any other provisions of Wis. Stat. Ch. 236 that provide protection to subdividers pursuant to Wis. Stat. § 236.45(2)(ac). Should any provision of the title be found to be more restrictive than the Wisconsin Statutes as applied to subdividers, the statutory requirements shall govern rather than invalidate any section of this title. (Ord. 2016-2 § 1. 2008 code § 18.01(5))

17.05.060 Interpretation.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, shall be liberally construed in favor of the Town, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. (2008 code § 18.01(6))

17.05.070 Severability.

If any section, provision, or portion of this title is adjudged unconstitutional or invalid by a court jurisdiction, the remainder of this title shall not be affected thereby. (2008 code § 18.01(7))

17.05.080 Repeal.

All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this title, to the extent of the inconsistency only, are hereby repealed. (2008 code § 18.01(8))

17.05.090 Disclaimer of liability.

The Town does not guarantee, warrant, or represent that only those areas delineated as flood lands on plats and certified survey maps will be subject to periodic inundation, nor does the Town guarantee, warrant, or represent that the soils shown to be unsuited for a given land use from tests required by this title are the only unsuited soils within the jurisdiction of this title; and thereby asserts that there is no liability on the part of the Town Board of Supervisors, its agencies or agents, or employees for flooding problems, sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this title. (2008 code § 18.01(9))

17.05.100 Adoption of title.

The Town Board, by this title, adopted on proper notice with a quorum and roll call vote by a majority of the Town Board present and voting, provides the authority for the Town Board to regulate and approve certain land divisions and certified surveys in the Town of East Troy. Pursuant to Wis. Stat. § 236.45(4), a public hearing was held before the adoption of the ordinance codified in this title and notice of the hearing was given by publication of a class 2 notice, under Wis. Stat. Ch. 985. (Ord. 2016-2 § 1. 2008 code § 18.01(10)

17.05.110 Adoption and effective date.

1.    Plan Commission Recommendation. The Town Plan Commission recommended the adoption of the subdivision control ordinance codified in this title at a meeting held on January 6, 1999.

2.    Public Hearing. The Town Board held a public hearing on the proposed subdivision ordinance codified in this title on January 18, 1999.

3.    Town Board Approval. The Board of Supervisors of the Town of East Troy concurred with the recommendations of the Plan Commission and adopted the subdivision control ordinance codified in this title at a meeting on February 15, 1999.

4.    Effective Date. The subdivision control ordinance codified in this title shall take effect upon adoption by the Town Board and the filing of proof of publication in the office of the Town Clerk. (2008 code § 18.12)