Village of Random Lake Ordinance
CHAPTER 19 - SUBDIVISION CODE

19.02 GENERAL PROVISIONS.

(1) JURISDICTION. Jurisdiction of these regulations shall include all lands within the corporate limits of the Village and those lands within the extraterritorial jurisdiction of the Village as established in §§61.35, 62.23(2) and 66.0105, Wis. Stats., i.e., within 1-1/2 miles of the corporate limits of the Village. The provisions of this chapter, as it applies to divisions of tracts of land into less than 2 or more parcels of 5 acres each or less, shall not apply to the following:

(a) Transfers of interests in land by will or pursuant to court order.

(b) Leases for a term not to exceed 10 years, mortgages or easements.

(c) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, the zoning ordinances or other applicable laws or ordinances.

(d) Cemetery plats made under §157.07, Wis. Stats.

(e) Assessors' plats made under §70.27, Wis. Stats., but such assessors' plats shall comply with §§236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.

(2) COMPLIANCE. No person shall divide any land located within the jurisdictional limits of these regulations so that such division results in a subdivision, minor land division or replat as defined herein; no such subdivision, minor land division or replat shall be entitled to recording; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following:

(a) Chapter 236, Wis. Stats.

(b) Rules of the Wisconsin Department of Commerce regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.

(c) Rules of the Wisconsin Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a State trunk highway or connecting street.

 (d) Rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution and regulating development within floodland, wetland and shoreland areas.

(e) Duly approved comprehensive plan or area develop­ment plans of the Village.

(f) The Zoning Code and all other applicable local and County ordinances.

(g) A developer's or subdivider's agreement between the Village and the developer or subdivider.

(3) DEDICATION AND RESERVATION OF LANDS. (a) Streets, Highways and Draina eways.Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drain­ageway or other public way which has been designated in the General Plan, area development plan or on the Official Map of the Village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in sec. 19.08 of this chapter. Streets within the extraterritori­al plat review jurisdiction of the Village shall be dedicated by the subdivider to the appropriate town. Should the town require less dedication than is specified by sec. 19.08 of this chapter or by the Official Map, the excess right of way shall be reserved for future acquisition by the Village.

(b) Other Public Sites.Whenever a proposed park or other public land other than streets or drainageways designated in the comprehensive plan, the Official Map or adopted plan components of the Village is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be made a part of the plat and shall be reserved by the subdivider for a period not to exceed 2 years unless released by the Village or extended by mutual agreement for acquisition by the Village at undeveloped land costs. In the event the subdivider and the Vil­lage cannot agree on the sale price, the Village shall commence condemnation or release the land.

(4) IMPROVEMENTS. Before final approval of any plat, the subdivider shall enter into an agreement with the Village to install the required improvements and shall file with the subdi­vider's agreement an irrevocable letter of credit or other appro­priate sureties meeting the approval of the Village Attorney equal to the estimated cost of the improvements. Improvement cost esti­mates shall be made by the developer, reviewed by the Director of Public Works and approved by the Village Board. The improvements may be installed after approval of a preliminary plat or certified survey map by the subdivider or his subcontractors, but not later than provided in the subdivider's agreement. The subdivider's agreement shall specify a completion date for all improvements. In addition:

(a) Plans and specifications for all improvements shall be reviewed and approved by the Director of Public Works, in writ­ing, prior to commencement of construction. The subdivider may submit an interim final plat with the improvement plans; however, review and approval of a final plat shall not be initiated until the improvement plans have been reviewed and approved and until the subdivider's agreement has been fully executed.

(b) Contracts and contract specifications for the con­struction of street and utility improvements on dedicated street rights of way, as well as the contractors and subcontractors, pro­viding such work shall be subject to the prior written approval of the Director of Public Works in accordance with Village standards and specifications.

(c) Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter-from officers authorized to act on their behalf agreeing to comply with the provisions of this section.

(d) Before final approval of any plat within the Vil­lage or its extraterritorial jurisdictional limits, the subdivider shall install survey monuments placed in accordance with the requirements of §236.15, Wis. Stats., and as may be required by the Director of Public Works.

(e) Prior to the acceptance of a final plat, the subdi­vider shall furnish, when required by the Village, a consent and waiver of the statutory provisions for special assessments for the installation of sanitary sewer, storm sewer, sewer laterals, water main, water laterals, curb and gutter, sidewalks, street surfac­ing, underground street lighting services and all other utilities, which shall be in a form approved by the Village Attorney, pursu­ant to §66.0703(7)(b), Wis. Stats., and shall be recorded in the office of the Register of Deeds in the same manner as a lis pendens. Such consent and waiver shall provide that the installa­tion of such services shall be made at the discretion of the Vil­lage Board.

(5) VARIANCES. (a) General.Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of sub. (6) below and secs. 19.08 and 19.09 of this chapter because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Board 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 chapter 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 this chapter should be changed.

2. Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of sub­stantial property rights possessed by other properties in the same vicinity.

3. Absence of Detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(b) Monuments. The Village Board may waive the placing of monuments, required under §236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time on condition that the subdivider execute a surety bond or irrevocable letter of credit to insure the placing of such monuments within the required time limits established by the Village.

(6) LAND SUITABILITY. No land shall be subdivided for resi­dential use which is determined to be unsuitable for such use by the Village Board for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety or wel­fare of the future residents of the proposed subdivision or of the Village. The Village Board, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases 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. Thereafter the Village Board, upon the recommendation of the Plan Commission, may affirm, modify or withdraw its determination of unsuitability.

(7) 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 §236.13(5), Wis. Stats., 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.