Chapter 17.15
GENERAL PROVISIONS
Sections:
17.15.030 Dedication and reservation of lands.
17.15.050 Waivers/modifications.
17.15.080 Penalties and remedies.
17.15.010 Jurisdiction.
1. Jurisdiction of these regulations shall include all lands within the civil boundaries of the Town of East Troy, Walworth County, Wisconsin. The provisions of this title as it applies to division of tracts of land into less than four parcels shall not apply to:
a. Transfers of interests in land by will or pursuant to court order.
b. Leases for a term not to exceed 10 years, mortgages, or easements.
c. Sale or exchange of parcels of land between owners of adjoining property, if additional lots are not thereby created, and the lots resulting are not reduced below the minimum sizes required by these regulations, the Walworth County Zoning Ordinance, or other applicable laws or ordinances.
d. Cemetery plats made under Wis. Stat. § 157.07.
e. Assessor’s plats made under Wis. Stat. § 70.27, but such assessor plats shall comply with Wis. Stat. §§ 236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (k).
2. All land divisions which encompass divisions resulting in parcels of land over 15 acres but less than 35 acres, which are not otherwise controlled by the Town of East Troy subdivision control ordinance, shall be subject to a review process under this title. Application for such review shall include an approval form and plat or survey of the property in question prepared by a professional land surveyor licensed in the state of Wisconsin. (Ord. 2016-2 § 1; Ord. 2010-26 § 2. 2008 code § 18.03(1))
17.15.020 Compliance.
No person shall divide any land located within the jurisdictional limits of the Town which result in a subdivision, minor subdivision, or a replat as defined herein; no such subdivision, minor subdivision or re-plat shall be entitled to record; and no street shall be laid out or improvements made to land without compliance with all requirements of this title, and:
1. Provisions of Wis. Stat. Ch. 236.
2. Rules of the Wisconsin Department of Commerce regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.
3. 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.
4. Rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution, regulating development within floodland, wetland, and shoreland areas, and all administrative rules relating to sewers and septic systems.
5. Comprehensive plans or components of such plans prepared by state, regional, county, or municipal agencies, adopted by the County Board of Supervisors and the Town Board.
6. The Walworth County Zoning Ordinance.
7. The Walworth County Subdivision Control Ordinance.
8. All other applicable local and county ordinances.
9. Any Walworth County Highway Department administrative rules that may apply.
10. All applicable extraterritorial, comprehensive, and master plans, extraterritorial zoning or plat review ordinances, or official maps adopted pursuant to Wis. Stat. § 62.23, including the Official Map of the Town of East Troy which was adopted on November 12, 2007, in Resolution 2007-16. (Ord. 2016-2 § 1. 2008 code § 18.03(2))
17.15.030 Dedication and reservation of lands.
1. Streets, Highways, and Drainage Ways. Whenever a tract of land to be subdivided encompasses all or any part of an arterial or collector street, drainage way or the public way which has been designated on an adopted Town, county, or regional comprehensive plan, comprehensive plan component, an official map, or on the highway width map of Walworth County, said public way shall be made a part of the plat or certified survey map and dedicated or reserved, as determined by the Town, county, or state of Wisconsin, by the subdivider in the locations and dimensions indicated on said plan, component, or map and as set forth in Chapter 17.40 ETMC.
2. Town Park and Trail. All “land development” as defined in ETMC 17.60.030 is subject to all applicable impact fees required in Chapters 17.55 and 17.60 ETMC and are payable by the owner of the property pursuant to Chapter 17.60 ETMC. (Ord. 2016-2 § 1. 2008 code § 18.03(3))
17.15.040 Improvements.
Before final approval of any plat located within the Town, the subdivider shall install street and other improvements as hereinafter provided. If such improvements are not installed as required at the time the final plat is submitted for approval, the subdivider shall, before the recording of the plat, enter into a contract with the Town agreeing to install the required improvements and shall file with said contract a surety bond with good and sufficient surety meeting the approval of the Town Attorney or a certified check in the amount equal to the estimated cost of the improvements, or a letter of credit, at the subdivider’s option under Wis. Stat. § 236.13(2)(a)1, said estimate to be made by the Town Engineer, as a guarantee that such improvements will be completed by the subdivider or his subcontractors. All developers must complete all public improvements within their development projects prior to the Town approving the final plat not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied.
An exception to awaiting completion of all public improvement before approving a final plat may be considered by the Town Board for those developers who choose to provide an irrevocable letter of credit as a financial guarantee that the public improvements will be properly completed. Notwithstanding the above, all final plat approvals by the Town shall be approved subject to the developer meeting conditions in a developer’s agreement and the same shall be noted on the plat prior to recording. The amount of security that is required to be provided at the commencement of a project shall be no more than 120 percent of the estimated total cost to complete the required public improvements. If the project was approved by the Town Board to be constructed in phases, not more than 120 percent security of the cost of each phase shall be required prior to commencement.
Said security shall be required by the subdivider for no more than 14 months after the date the public improvements for which the security is provided are “substantially completed” as defined in Wis. Stat. § 236.13(2)(6)2.
Upon “substantial completion” of the public improvements, the amount of security the subdivider is required to provide may be no more than an amount equal to the cost to complete any uncompleted public improvements, plus 10 percent of the total cost of the completed public improvements pursuant to Wis. Stat. § 236.12(2)(a)1.
1. Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as contractors and subcontractors providing such work, shall be subject to approval of the Town Board.
2. Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this chapter.
3. Survey Monuments. Before final approval of any plat within the civil boundaries of the Town, the subdivider shall install survey monuments placed in accordance with the requirements of Wis. Stat. § 236.15, and as may be required by an engineer hired by the Town.
4. Plats Outside the Municipal Boundaries. Before final approval by the Town of any plat located partially outside the civil boundaries of the Town and partially within the plat approval jurisdiction of the Town, the subdivider shall give evidence that he has complied with all street and utility improvement requirements of the municipality in which that portion of the land being platted is located. (Ord. 2016-2 § 1. 2008 code § 18.03(4))
17.15.050 Waivers/modifications.
Where, in the judgment of the Town Plan Commission, it would be inappropriate to apply literally the provisions of this title because exceptional or undue hardship would result, the Town Board may waive or modify any requirement to the extent deemed just and proper. Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this title or the desirable general development of the community in accordance with an adopted comprehensive plan or comprehensive plan component. No waiver or modification shall be granted unless the Town Plan Commission finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
1. Exceptional Circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this title would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that the subdivision control ordinance should be changed.
2. Preservation of Property Rights. That such waiver or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
3. Absence of Detriment. That the waiver or modification will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
4. Absence of Conflict with County. That the waiver or modification is not in conflict with Walworth County requirements.
5. A simple majority vote of the Town Plan Commission shall be required to recommend any waiver or modification of this chapter, and the reasons shall be entered into the minutes of the Commission.
6. The Town Board may waive the placing of monuments, required under Wis. Stat. §§ 236.15(5)(1)(b), (c) and (d), for a reasonable time, not to exceed one year, on condition that the subdivider execute a surety bond equal to the estimated cost of installing the monuments to insure the placing of such monuments within the time required by statute. Additional time may be granted upon show of cause. (Ord. 2016-2 § 1; Ord. 2010-27 § 1. 2008 code § 18.03(5))
17.15.060 Land suitability.
No land shall be subdivided for residential use which is held unsuitable for such use by the Town Plan Commission, upon recommendation of the Town Engineer or other agency as determined by the Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision, or the Town, or poses an undue threat to the environment, including surface or ground water. In addition:
1. Floodlands. No lot served by public sanitary sewerage facilities shall have more than 20 percent of its required lot area below the elevation of the 100-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record. No lot one acre or less in area served by an on-site sanitary sewage disposal system shall include floodlands. All lots more than one acre in area served by an on-site sanitary sewage disposal system shall contain not less than 40,000 square feet of land which is above the elevation of the 100-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record.
2. Lands made, altered, or filled with nonearth materials within the preceding 20 years shall not be divided into building sites which are to be served by on-site sanitary sewage disposal systems except where, in the opinion of the Walworth County Sanitarian, soil tests clearly show that the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to groundwater, depth to bedrock, soil bearing capacity, and soil compaction. To accomplish this purpose, a minimum of one test per acre shall be made initially. The Town does not guarantee, warrant, or represent that the required samples represent conditions on an entire property and thereby asserts that there is no liability on the part of the Town Board of Supervisors, its agencies, agents, or employees for sanitary problems or structural damages that may occur as a result of reliance upon such test.
3. Lands made, altered, or filled with earth within the preceding seven years shall not be divided into building sites which are to be served by on-site sanitary sewage disposal systems except where, in the opinion of the Walworth County Sanitarian, soil tests clearly show that the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to groundwater, depth to bedrock soil bearing capacity and soil compaction. To accomplish this purpose, a minimum of one test per acre shall be made initially. The Town does not guarantee, warrant, or represent that the required samples represent conditions on an entire property and thereby asserts that there is no liability on the part of the Town Board of Supervisors, its agencies, agents, or employees for sanitary problems or structural damages that may occur as a result of reliance upon such test.
4. 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 10 percent or greater.
5. Lands having bedrock within six feet of the natural undisturbed surface shall not be divided into building sites to be served by on-site sanitary sewage disposal systems, unless in compliance with current standards promulgated by the Wisconsin Department of Commerce.
6. Lands having groundwater within six feet of the natural undisturbed surface shall not be divided into building sites to be served by on-site sanitary sewage disposal systems, unless in compliance with current standards promulgated by the Wisconsin Department of Commerce.
7. Lands covered by soils having a percolation rate slower than 60 minutes per inch or faster than 10 minutes per inch shall not be divided into building sites to be served by on-site sanitary sewage disposal systems, unless in compliance with current standards promulgated by the Wisconsin Department of Commerce.
8. Land drained by farm drainage tile or farm ditch systems shall not be divided into building sites to be served by on-site sanitary sewage disposal systems, unless in compliance with current standards promulgated by the Wisconsin Department of Commerce.
9. The Town Plan Commission, in applying the provisions of this chapter, shall, in writing, recite the particular facts upon which it based its conclusion that the land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he so desires. The Town Plan Commission may thereafter affirm, modify, or withdraw its determination of unsuitability. (2008 code § 18.03(6))
17.15.070 Violations.
No person, firm, or corporation shall build upon, divide, convey, record or place monuments on any land in violation of this title or the Wisconsin Statutes. No person, firm, or corporation shall be issued a building permit by the Town authorizing the building on, or improvement of, any subdivision, minor subdivision or replat within the jurisdiction of this title not of record as of October 1, 1966, until the provisions and requirements of this title have been fully met. The Town may institute appropriate action or proceedings to enjoin violations of this title or the applicable Wisconsin Statutes. (2008 code § 18.03(7))
17.15.080 Penalties and remedies.
Any person, firm, or corporation who fails to comply with the provisions of this title shall, upon conviction thereof, forfeit not less than $100.00 nor more than $1,000 plus any additional applicable costs incurred by the Town for each offense, and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the county jail until payment thereof, but not exceeding six months. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include the following:
1. Recordation improperly made carries penalties as provided in Wis. Stat. § 236.30.
2. Conveyance of lots in unrecorded plats carries penalties as provided for in Wis. Stat. § 236.31.
3. Monuments disturbed or not placed carries penalties as provided for in Wis. Stat. § 236.32.
An assessor’s plat made under Wis. Stat. § 70.27 may be ordered as a remedy by the Town, at the expense of the subdivider, when a subdivision is created by successive divisions.
No person shall sell land in the Town of East Troy in lots unless the lots, parcels, and outlots have been lawfully approved pursuant to the terms of this title or any predecessor procedure. The unlawful sale of unapproved or unauthorized parcels, outlots or lots is deemed to be a public nuisance, which may be enjoined by a court of record. (Ord. 2016-2 § 1. 2008 code § 18.03(8))
17.15.090 Appeals.
Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve, as provided in Wis. Stat. §§ 62.23(7)(e)(10), (14) and (15) and 236.13(5), within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory. (Ord. 2010-27 § 2. 2008 code § 18.03(9))