A.
Compliance. No person shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, land division,
land conveyance, consolidation, or a replat as defined herein; no
such subdivision, land division, land conveyance, consolidation, or
replat shall be entitled to recording; and no street shall be laid
out, nor improvements made to land, nor building permits issued, for
any land division without compliance with all requirements of this
chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(3)
The rules of the Wisconsin Department of Transportation contained
in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state
trunk highway or are within 1,000 feet of a state trunk highway on
a connecting street.[2]
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
(7)
The Village of Woodville Comprehensive Plan and Official Map, or
components thereof.
(a)
Whenever a parcel to be subdivided embraces any part of a street,
highway or greenway designated in said Comprehensive Plan or Official
Map, such part of such proposed public way shall be platted and dedicated
by the subdivider in the location and at a width indicated along with
all other streets in the subdivision.
(b)
Where a proposed school site or other public ground shown on
the Comprehensive Plan or Official Map of the Village of Woodville
is located in whole or in part within the proposed subdivision, such
proposed public ground or park shall be dedicated to the public when
dedication is required by this chapter or reserved for a period of
up to five years from the date of approval of the final plat for acquisition
by the Village of Woodville or any other appropriate agency having
the authority to purchase said property. The Village or other agency
having the authority to purchase said property and the subdivider
shall enter into an agreement which provides for the purchase of the
lands held in reserve prior to the conclusion of the five-year period.
(8)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
(9)
The Village's water rules on file with the Public Service Commission of the State of Wisconsin concerning water installation and service. These rules and Chapter 510, Article III, Sewer Rules and Regulations, of this Code are incorporated herein by reference and made a part hereof as though fully set forth herein.[4]
B.
Jurisdiction. The provisions of this chapter, as they apply to divisions
of tracts of land into fewer than five parcels, shall not apply to:
(1)
Transfers of interest 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., subject to approval of the Village Board.
D.
Issuance of permits. The Village of Woodville shall not recognize
and no building or other permits shall be issued by the Village authorizing
the building on, occupancy, or improvement of any parcel of land not
on record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully complied with and
a resolution approving the land division has been adopted by the Village
Board of the Village.
E.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the Village'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.
F.
Recording of plats or certified surveys. Plats and certified surveys approved by the Village Board of the Village of Woodville must be recorded, together with the adopting resolution, with the County Register of Deeds as provided in §§ 460-12D and 460-13D of this chapter. Land divisions shall not be recognized by the Village until recorded with the Register of Deeds. The volume, page, and document numbers of the recording shall be filed with the Village Clerk-Treasurer and Building Inspector prior to issuance of any permits. The subdivider shall file six certified copies of the approved land division with the Village Clerk-Treasurer.[5]
A.
Suitability. No land shall be subdivided for residential, commercial
or industrial use which is held unsuitable for such use by the Village
Board, 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 Village Board, in applying the
provisions of this subsection, 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.
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.
Findings.
(1)
The Village Board 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 Village of Woodville 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 Village Board 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)
Sections 460-9 through 460-11 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 § 460-16 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
