A.
Whenever a tract of land to be divided embraces all or any part of a street designated in the adopted Town of Winneconne, Regional and County Comprehensive Plans or adopted plan components, such public way shall be made a part of the plat and either dedicated or reserved by the subdivider in the locations and dimensions indicated on such plan.
B.
Whenever a proposed park, playground, public access, open space site or other public land, other than streets or drainageways, designated in the adopted Town of Winneconne, Regional and County Comprehensive Plans or adopted plan components is embraced, all or in part, in a tract of land to be divided, such proposed public lands shall be made a part of the plat and shall either be dedicated to the public or reserved for acquisition at undeveloped land costs for a period not to exceed three years between the applicant and the public agency having jurisdiction. If the reserved land is not acquired by such public agency within the above time limit, the land shall be released to the owner.
C.
In order that adequate land be dedicated, reserved, and preserved for development of public parks, recreation and open space and to provide for proper location of such sites as the Town develops, the following provisions shall be established:
(1)
Whenever feasible and to be compatible with the overall land use program of the Town, the subdivider shall provide and dedicate parkland to be held by the Town.
[Amended 4-21-2005; 8-3-2006]
(a)
Said dedication shall either be a minimum of three acres of land for park and recreation needs of the community or an amount of land to be determined in accordance with the following Town zoning classifications:
Zoning Classification | Percent Allocation of Gross Residential Acreage | |
|---|---|---|
Single-family | 6% | |
Two-family | 8% | |
Multiple-family | 12% | |
Planned unit development | 12% |
(b)
The above-listed requirements shall be reduced by 1/3 if the parkland that is dedicated and approved by the Town is maintained by the homeowners' association.
(2)
The number, size and location of all dedications shall be recommended by the Town Plan Commission and subject to approval by the Town Board, which shall ascertain that the proposed sites are suitable for the proposed uses. The Town Board shall retain the right to refuse any dedication of land found to be unsuitable.[1]
[1]
Editor's Note: Former Subsection C(3) through (5), regarding payment in lieu of dedication, which immediately followed this subsection, was repealed 8-3-2006. This ordinance also provided for the redesignation of former Subsection C(6) and (7) as Subsection C(3) and (4), respectively.
(3)
After the final plat has been recorded, no lot or parcel shall be further divided by replat, certified survey map or conveyance, as defined in § 706.01(4), Wis. Stats., unless such further division shall have been approved by the Town Board.
[Amended 7-18-2013]
(4)
Creation or enhancement of park or open space. Any created park or open space, or any enhancement of any other area not dedicated to the public, within the boundary of any land division shall be owned and maintained by a homeowners' association. The homeowners' association document shall specify that all lot owners within the subdivision shall have equal rights to said land feature. The homeowners' association document shall incorporate reasonable provisions by the Town of Winneconne to assure the continued maintenance of the facility in perpetuity and to provide liability protection for the occupants and owner of the facility.
[Amended 4-21-2005]