A.
Compliance. No person shall divide any land located within
the jurisdictional limits of these regulations which results in a subdivision,
land division or a replat as defined herein; no such subdivision, land division,
minor land division or replat shall be entitled to record; and no street shall
be laid out or improvements made to land without compliance with all requirements
of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis.
Stats.
(2)
The rules of the Department of Commerce, contained in
Ch. Comm 83, Wis. Adm. Code, for subdivisions not served by public sewer.
(3)
The rules of the Division of Highways, Wisconsin Department
of Transportation, contained in Ch. Trans 233, Wis. Adm. Code, for subdivisions
which abut a state trunk highway or connecting street.
(4)
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for Floodplain Management Program.
(5)
Comprehensive plans or components of such plans prepared
by state, regional, county or municipal agencies duly adopted by the Common
Council.
(6)
All applicable local and county regulations, including
zoning, sanitary, building and official mapping ordinances.
(7)
The City of Bayfield Comprehensive Plan and Official
Map, or components thereof.
(8)
All applicable rules contained in the Wisconsin Administrative
Code not listed in this subsection.
(9)
The City's sewer and water rules on file with the Public
Service Commission of the State of Wisconsin concerning sewer and water installations
and services. These rules are incorporated herein by reference and made a
part hereof as though fully set forth herein.
B.
Jurisdiction. Jurisdiction of these regulations shall
include all lands within the corporate limits of the City of Bayfield. The
provisions of this chapter, as they apply to divisions of tracts of land into
less than five parcels, shall not apply to:
(1)
Transfers of interests in land by will or pursuant to
court order;
(2)
Leases for a term not to exceed 10 years, mortgages or
easements;
(3)
Sale or exchange of parcels of land between adjoining
property owners or where not more than one additional lot is created and said
lot is not less than the minimum size required by applicable laws or ordinances.
No more than one lot may be created in this fashion within a one-year period.
C.
Certified survey. Any division of land other than a subdivision
as defined in § 236.02(12), Wis. Stats., shall be surveyed and a
certified survey map prepared as provided in § 236.34, Wis. Stats.
D.
Building permits. The City of Bayfield shall not issue
any building permit relating to any parcel of land forming all or any part
of lands included in a subdivision, land division, replat or certified survey
originally submitted to the City of Bayfield on or after the effective date
of this chapter until the applicant has complied with all of the provisions
and requirements of this chapter.
E.
Plats within the extraterritorial plat approval jurisdiction.
Plats within the extraterritorial plat approval jurisdiction of the City are
subject to this chapter pursuant to § 236.45(3), Wis. Stats.
F.
Applicability to condominiums. This chapter is expressly
applicable to condominium developments within the City's jurisdiction, pursuant
to § 703.27(1), Wis. Stats. For purposes of this chapter, a condominium
unit and any associated limited common elements shall be deemed to be equivalent
to a lot or parcel created by the act of subdivision.
A.
Suitability. No land shall be subdivided for residential,
commercial or industrial use which is held unsuitable for such use by the
Common Council, upon the recommendation of 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 of the community.
The Common Council, 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 Common Council, upon the recommendation of the Plan Commission, may affirm,
modify, or withdraw its determination of unsuitability.
B.
Existing flora. The subdivider shall make every effort
to protect and retain all existing trees, shrubbery, vines, and grasses not
actually lying in public roadways, drainageways, building foundation sites,
private driveways, soil absorption waste disposal areas, paths, and trails.
Such trees are to be protected and preserved during construction in accordance
with sound conservation practices, possibly including the preservation of
trees by well islands or retaining walls whenever abutting grades are altered,
pursuant to a landscaping plan filed by the subdivider.
A.
Purpose.
(1)
The Common Council hereby finds that certain issues arise
in condominium developments that require limited applicability of this chapter
to condominium developments. The State Legislature has recognized that subdivision
ordinances may apply to condominiums but that subdivision ordinances shall
not impose burdens upon condominiums that are different from those imposed
on other property of a similar character not subject to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a condominium
development is the creation of multiple, distinct property entities at or
near the ground surface, subject to property taxation as separate "parcels,"
with each property entity having different ownership and management. The City
determines that this factor makes a condominium development dissimilar, both
physically and in ownership, from developments in which the land and improvements
are under unitary ownership, management, and control.
(3)
Thus, the Common Council hereby finds that new condominium
developments can place impacts on community resources in the same manner as
other new developments which are characterized by division of land into lots.
These impacts include:
B.
Portions of chapter applicable to condominium developments.
The following sections of this chapter shall apply to condominium developments:
(2)
§§ 474-11 through 474-13 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 474-19 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to the following
condominiums:
