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.
(4)
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)
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 Randolph 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 Randolph
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 Randolph, 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 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 and Chapter 295, Sewers, of this Code are incorporated herein by reference and made a part hereof as though fully set forth herein.
B.
Jurisdiction. 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 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.
Compliance; issuance of permits. The Village of Randolph 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 of Randolph.
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 Randolph, must be
recorded, together with the adopting resolution, with the County Register
of Deeds. 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 eight certified copies of the approved land division with
the Village Clerk-Treasurer.[3]
A.
Suitability. No land shall be subdivided for residential, commercial
or industrial use which is held unsuitable for such use by the Village
Board 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 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/she
so desires. Thereafter, the Village Board may affirm, modify, or withdraw
its determination of unsuitability.[1]
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 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 Randolph 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 320-9 through 320-11, 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 § 320-15 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:
