This chapter is adopted pursuant to authority
granted by the Wisconsin Statutes, including, without limitation,
§§ 236.45, 61.34, 61.35, 61.351, 61.354, 61.36 and
703.27, Wis. Stats.
A.
The purpose of this chapter is to regulate and control
all land divisions and development, to regulate and control residential,
manufactured housing community, institutional, recreational, commercial,
and industrial development, and to regulate and control the development
of existing platted lots within the corporate limits of the Village
of Pleasant Prairie, Wisconsin, and to promote and protect the public
health, safety and welfare.
B.
More particularly, and without limitation, it is the
purpose of this chapter to:
(1)
Promote the wise use, development, conservation and
protection of the soil, water, wetland, woodland and wildlife resources
within the Village and its extraterritorial jurisdiction area and
to achieve a balanced relationship between land use and development
and the supporting and sustaining natural resource base;
(2)
Lessen congestion in the streets and highways;
(3)
Further the orderly layout and appropriate use of
land;
(4)
Secure safety from fire, panic and other dangers;
(5)
Provide the best environment for human habitation;
(6)
Conserve the value of buildings placed upon land;
(7)
Provide for proper ingress and egress;
(8)
Prevent the overcrowding of land and avoid undue concentration
of population;
(9)
Provide adequate light and air, including access to
sunlight for solar collectors and to wind for wind energy systems;
(10)
Facilitate adequate provision for transportation,
water supply, stormwater, wastewater and sewerage, schools, parks,
playgrounds and other public facilities and services;
(11)
Secure safety from flooding, water pollution, disease
and other hazards;
(12)
Prevent flood damage to persons and properties and
minimize expenditures for flood relief and flood-control projects;
(13)
Prevent and control erosion, sedimentation and other
pollution of surface and subsurface waters;
(14)
Preserve natural vegetation and cover and promote
the natural beauty of the Village;
(15)
Restrict building sites in areas covered by poor soils
or in other areas poorly suited for development;
(16)
Facilitate the further division of larger tracts into
smaller parcels of land;
(17)
Ensure adequate legal description and survey monumentation
of divided land;
(18)
Provide for dedication and reservation of appropriately
located sites for streets (including adequate right-of-way for anticipated
future widening of streets); water supply, stormwater and sewerage
systems and facilities; schools; parks and playgrounds; and other
desirable public facilities and services;
(19)
Provide for the administration and enforcement of
this chapter;
(20)
Provide penalties for the violation of this chapter;
(21)
Assist in the implementation of the Village's Comprehensive
Plan; and
(22)
Avoid the harmful effects of premature divisions or
development of land.
Except as is specifically provided herein, it
is not the intent of this chapter to repeal, abrogate, annul, impair
or interfere with any existing easements, covenants, agreements, ordinances,
rules, regulations, permits or approvals previously conveyed, imposed,
entered into, adopted or issued pursuant to law; provided, however,
that whenever this chapter imposes greater restrictions or burdens,
and such restrictions or burdens do not contravene rights vested under
law, the provisions of this chapter shall govern.
The provisions of this chapter shall be interpreted
to be minimum requirements and shall be liberally construed in favor
of the Village. Headings are provided in this chapter for convenience
and ease of reference; they shall not be used to interpret the purpose,
effect or meaning of any provision of this chapter. Words or phrases
that are defined in this chapter shall have the meaning stated in
their definition. Undefined words or phrases shall have their common,
ordinary meaning unless a particular meaning is clearly suggested
by the context in which they appear. As used in this chapter, "shall"
is mandatory and "may" is permissive. Singular words generally include
the plural and vice versa. Words of a particular gender generally
include all genders.
In the event that any section, subsection or
provision of this chapter is adjudged to be unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this chapter
shall be deemed to be severable, shall not be affected by such judgment
and shall remain in full force and effect.
The Village does not guarantee, warrant or represent
that only those areas delineated as floodplains on plats, certified
survey maps, and development plans will be subject to periodic inundation,
nor does the Village guarantee, warrant or represent that only those
soils shown to be unsuited for particular purposes on plats, certified
survey maps, or development plans will be unsuited for such purposes,
and, therefore, the Village asserts that there is no liability on
the part of the Village, its agencies or employees with respect to
flooding, sanitation or structural problems that may occur as a result
of reliance upon or conformance with this chapter or any plats, certified
survey maps, or development plans approved pursuant to this chapter.
This chapter shall be deemed to repeal and recreate
any prior ordinance of the Village regulating land divisions, including,
without limitation, the Land Division Ordinance of the Village of
Pleasant Prairie adopted on June 18, 1990, May 20, 1991, and May 18,
1998.
This chapter shall be known, referred to and cited as the "Land Division and Development Control Ordinance of the Village of Pleasant Prairie" or as "Chapter 395 of the Code of the Village of Pleasant Prairie."