A.Â
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)Â
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(4)Â
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for the Floodplain Management
Program and the Shoreland/Wetlands Management Program.
(5)Â
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Common
Council.
(6)Â
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
(7)Â
The City of Prescott Comprehensive Master Plan and Official Map or
components thereof.
(a)Â
Whenever a parcel to be subdivided embraces any part of a street,
highway or greenway designated in said Comprehensive Master 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)Â
Where a proposed school site or other public ground shown on
the Comprehensive Master Plan or Official Map of the City of Prescott
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 City of Prescott, Pierce County, or any other appropriate agency
having the authority to purchase said property. The City, 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)Â
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
(9)Â
The
City's water rules are on file with the Public Service Commission
of the State of Wisconsin concerning water installations and services.
These rules are incorporated herein by reference and made a part hereof
as though fully set forth herein.
B.Â
Jurisdiction; extraterritorial plat approval jurisdiction. Jurisdiction
of these regulations shall include all lands within the corporate
limits of the City as well as pertinent unincorporated areas within
areas of statutory extraterritorial jurisdiction. The City of Prescott,
as a fourth-class city, has elected to approve plats under its extraterritorial
plat approval jurisdiction as provided in Chapter 236 and § 66.0105
of Wisconsin Statutes. The provisions of this chapter, as they apply
to divisions of tracts of land into fewer than five parcels, shall
not apply to:
(1)Â
Transfers of interests in land by will or pursuant to court order.
(2)Â
Leases for a term not to exceed 10 years, mortgages or easements.
(3)Â
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.Â
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.Â
Compliance; issuance of permits. The City of Prescott shall not recognize
and no building or other permits shall be issued by the City authorizing
the building on, occupancy of, or improvement of any parcel of land
not of 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 Common
Council of the City.
E.Â
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.
F.Â
Recording. Land divisions shall not be recognized by the City until
recorded with the Register of Deeds. The volume, page, and document
numbers of the recording shall be filed with the City Clerk and Building
Inspector prior to issuance of any permits. The subdivider shall file
two certified copies of the approved land division with the City Clerk.[3]
A.Â
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 the proposed 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.Â
Existing flora. The subdivider shall make every effort to protect
and retain all existing trees, especially with a trunk diameter of
six inches or more, 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.Â
Purpose.
(1)Â
The City of Prescott 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)Â
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)Â
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.Â
Portions of chapter applicable to condominium developments. The following
sections of this chapter shall apply to condominium developments:
C.Â
Exceptions. This section shall not apply to the following condominiums: