The provisions in this code relating to land divisions, condominium
plats, and related matters are intended to promote the public health,
safety, and general welfare to:
A.
Further the orderly layout and use of land;
B.
Prevent the overcrowding of land;
C.
Lessen congestion in the streets and highways;
D.
Provide for adequate light and air;
E.
Facilitate adequate provision for water, sewerage, and other public
requirements;
F.
Provide for proper ingress and egress;
G.
Ensure that streets function in an interdependent manner to provide
adequate access for emergency and service vehicles, to connect neighborhoods,
to promote walking and biking, to reduce miles of travel that results
in lower emissions and wear on public roadways, and to provide continuous
and comprehensible traffic routes; and
H.
Promote proper monumenting of land subdividing and the transfer of
land by accurate legal description.
All divisions of land, replats, and condominium plats shall
comply with this article, except for the following which are exempt:
A.
Transfer of interest in land by will or pursuant to court order.
B.
Leases for a term not to exceed 10 years, mortgages, or easements.
C.
The sale or exchange of parcels of land between owners of adjoining property, if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, applicable zoning regulations, or other applicable laws or ordinances. For the purpose of this subsection an additional lot is deemed to be created if the parcel being sold or created is not combined with adjoining parcels by means of a new legal description in accordance with § 225-38.
D.
Cemetery plats made under § 157.07, Wis. Stats.
E.
Assessors' plats made under § 70.27, Wis. Stats., provided
such Assessors' plats comply with §§ 236.15(1)(ac)
through (g) and 236.20(2)(a) through (e), Wis. Stats.
A.
Adjoining lots in the same ownership shall be combined into one lot
or the common boundary line shall be adjusted by a certified survey
map when an existing building crosses the common property boundary
line and the property owner wants to obtain a building permit to increase
the floor area of the building. If it is not possible to adjust the
common property boundary line so as to comply with all applicable
zoning requirements (e.g., dimensional standards), then the adjoining
lots must be merged. In any event, nothing in this section is intended
to remove or modify any zoning requirement.
B.
Adjoining substandard lots of record in the same ownership shall
be combined into one lot by a certified survey map when the Planning
Administrator determines the intent of the zoning district will not
be maintained at the time of construction.
Any division of land which results in a land division, replat,
or condominium plat shall not be entitled to recording and/or improvements
to the land unless it complies with all of the requirements of this
code and each of the following, as may be adopted and amended from
time to time:
A.
The Town of Algoma Comprehensive Plan.
B.
The Town of Algoma Official Map.
C.
Any regulations of the Town of Algoma relating to stormwater management,
access onto a Town road, the construction of public transportation
infrastructure, including streets and sidewalks, and any other matter
relating to the subject matter of this code.
D.
The highway width map as may be adopted by Winnebago County.
E.
Any zoning regulations of Winnebago County.
F.
Any floodplain regulations of Winnebago County.
G.
Any regulations of Winnebago County relating to access to a county
road.
H.
Any regulations of Winnebago County relating to on-site sewage disposal.
I.
Any regulations of Winnebago County relating to stormwater management.
J.
Any regulations of Winnebago County relating to construction site
erosion control.
K.
Any regulations of the Wisconsin Department of Transportation (DOT)
relating to access onto a state highway.
L.
Any regulations of the Wisconsin Department of Natural Resources
(DNR) relating to water quality standards and private wells, preventing
and abating pollution, and regulating septic systems.
M.
Any regulations of the Algoma Sanitary District relating to private
wells, public water supply, and collection of sewage.
A.
Generally. No land shall be divided which the Town Board deems to
be unsuitable for reason of flooding, inadequate drainage, soil and
rock types or formations with severe limitations for development,
lands that are altered or filled, severe erosion potential, unfavorable
topography, inadequate water supply or sewage disposal capabilities,
or any other feature likely to be harmful to the health, safety, or
welfare of future residents of the proposed project or of the community.
B.
Procedures and appeals. A determination of unsuitability may be made
during the review of a specific proposal or at any other time. A determination
shall be in writing and shall be given to the property owner. The
determination shall include the reasons for making such determination
and describe the procedures for appealing the determination. Upon
appeal or its initiative, the Town Board may affirm, modify, or withdraw
its determination of unsuitability.
No person shall build upon, divide, convey, record, or monument
any land in violation of this article or the Wisconsin Statutes. No
permit shall be issued authorizing the building on or improvement
of any subdivision, replat, or condominium plat within the jurisdiction
of this chapter and not of record as of the effective date of this
chapter until the provisions and requirements of this chapter have
been fully met. The Town may institute appropriate action or proceedings
to enjoin violations of this article or the applicable Wisconsin Statutes.
A.
Recordation improperly made shall be subject to the provisions of
§ 236.30, Wis. Stats.
B.
Conveyance of lots in unrecorded plats shall be subject to the provisions
of § 236.31, Wis. Stats.
C.
Monuments disturbed or not placed shall be subject to the provisions
of § 236.32, Wis. Stats.
D.
Assessor's plat may be ordered by the Town when a subdivision is
created by successive divisions as provided in § 236.31(2),
Wis. Stats.
Any person aggrieved by an objection to a plat or failure to
approve a plat or certified survey map may appeal as provided in §§ 236.13(5)
and 62.23(7)(e)10, 14 and 15, Wis. Stats., within 30 days of notification
of the rejection of the plat or certified survey map. For the purpose
of such appeal the term "Board of Appeals" means an "approving authority."
Where the failure to approve is based on an unsatisfied objection,
the agency making the objection shall be made a party to the action.
The court shall direct that the plat be approved if it finds that
the action of the approving authority or objecting authority is arbitrary,
unreasonable or discriminatory, and the Board of Appeals process shall
be as described in § 62.23(7), Wis. Stats. [NOTE: See § 62.23(5),
Wis. Stats.]
A.
Preliminary review of plats and certified survey maps. The subdivider
shall submit the following to the Planning Administrator, in the number
so requested:
(1)
Preliminary certified survey map or preliminary plat.
(2)
Deed restrictions.
(3)
General street plans and profiles, if the land division includes
any streets.
(4)
Preliminary master grading plan.
(5)
Soil test report prepared consistent with Ch. SPS 385, Wis. Adm.
Code, if on-site septic systems will be used.
(6)
Additional soil test results as requested by the Town Engineer for
designated areas to ascertain subsurface soil, rock and water conditions
including the depth to bedrock and the depth to groundwater.
(7)
Preliminary stormwater management plan, if applicable.
(8)
Stormwater facility maintenance agreement, if applicable.
(9)
Open space maintenance agreement, if applicable.
(10)
Preliminary development agreement, if the land division includes
any public improvements.
(11)
Letter from the sanitary sewer district verifying service, if
on-site septic systems and/or private wells will not be used.
(12)
Letter of review from utility service providers.
B.
Final review of plats and certified survey maps. The subdivider shall
submit the following to the Planning Administrator, in the number
so requested:
(1)
Final certified survey map or final plat.
(2)
Deed restrictions.
(3)
A fully executed development agreement, if the land division includes
any public improvements.
(4)
Street plans and profiles, if the land division includes any streets.
(5)
Verification that the subdivider has provided a financial guarantee,
if the land division includes any public improvements.
(6)
Verification that the subdivider has obtained all necessary approvals.
(7)
As-built construction plans, if the land division includes any public
improvements or such requirement is included in a development agreement.
The general steps outlined below shall be used in the review
of minor land divisions.
A.
Preliminary certified survey map.
(1)
Presubmittal meeting. Before submitting an application, the subdivider
or the subdivider's agent shall meet with the Planning Administrator
to review the proposal to ensure it does not conflict with any local,
county, or regional plans. In addition, the Planning Administrator
shall determine whether to allow simultaneous filing of a preliminary
and final map in uncomplicated cases where a preliminary approval
serves no useful purpose.
(2)
Submittal of application materials. The subdivider shall submit a
completed application and other required materials to the Planning
Administrator along with the application fee as may be established
by the Town Board.
(3)
Planning Commission recommendation. The Planning Commission shall
review the preliminary certified survey map and make a recommendation
to the Town Board to:
(4)
Town Board decision. The Town Board shall review the preliminary
certified survey map along with the recommendation of the Planning
Commission and shall make a decision to:
B.
Final certified survey map.
(1)
Preparation of final certified survey map. If the application is
approved or approved with conditions, the subdivider shall proceed
to have a final certified survey map prepared consistent with this
article and Ch. 236, Wis. Stats.
(2)
Submittal of application material. The subdivider shall submit a
completed application and other required materials to the Planning
Administrator along with the application fee as may be established
by the Town Board.
(3)
Agency coordination. Within five working days of receiving the materials,
the Town Clerk shall transmit a copy of the map to all affected boards,
commissions, committees, or departments for their review and recommendations
concerning matters within their jurisdiction. Their recommendations
shall be transmitted to the Town Board within 90 days from the date
the map is filed.[1]
(6)
Notice of rejection. If the Town Board rejects the final certified
survey map, the reason(s) shall be stated in the minutes of the meeting,
a copy of which shall be forwarded to the subdivider.
(7)
Recordation. The final certified survey map as approved shall be
filed in the office of the Winnebago County Register of Deeds.
(8)
Record set. The subdivider shall provide copies of the recorded certified
survey map as requested by the Town Clerk for distribution to the
Town Engineer, East Central Wisconsin Regional Planning Commission,
Building Inspector, utilities, Town Assessor, and other affected departments
for their files.
(9)
Electronic file. The subdivider shall provide an electronic file
of the certified survey map in a format specified by the Town Engineer.
A preliminary certified survey map is a reasonably accurate
preliminary map of the land being considered for division. It may
be a freehand drawing but of a sufficient scale so that conditions
can be determined to be reviewed for proximity to adjacent streets
and schools, for analysis of soil types, topography, and drainage,
and generally for the effect the land division would have on the development
of surrounding property. Such map shall describe the entire ownership
involved in the process of division; provided, however, that where
the division results in a residual parcel, not intended for immediate
sale or other conveyance, the Planning Commission may recommend and
the Town Board may waive the requirement for inclusion of the residual
parcel. In this case, a supplementary map of reasonable accuracy shall
be attached showing the relationship to the original ownership of
the parcel or parcels being severed. In the event the division involves
the dedication and development of a Town road or other public improvements,
the subdivider shall submit an itemized estimate of the costs of required
public improvements.
A.
General requirements. A final certified survey map shall be prepared
by a professional land surveyor and comply with the requirements of
Ch. 236, Wis. Stats., and this article.
B.
Specifications for preparation. A final certified survey map shall
be prepared on durable white paper 8 1/2 inches wide by 14 inches
long. The scale shall not be more than 500 feet to the inch. When
more than one sheet is used, each sheet shall be numbered consecutively
and shall contain a notation giving the total number of sheets and
showing the relation of that sheet to the other sheets.
D.
State plane coordinate system. Where the certified survey map is
located within a quarter section, the corners of which have been located,
monumented, and placed on the Wisconsin State Plane Coordinate System,
the certified survey map shall be tied directly to one of the section
or quarter corners so coordinated. The exact grid bearings and distance
of such tie shall be determined by field measurements, and the material
and Wisconsin State Plane Coordinates of the monument marking the
section of quarter corner to which the map is tied shall be indicated
on the map. All distances and bearings shall be referenced to the
Wisconsin State Plane Coordinate System.
The general steps outlined below shall be used in the review
of major land divisions.
A.
Preliminary subdivision plat.
(1)
Presubmittal meeting.
(a)
Before submitting an application, the subdivider shall have
an initial consultation meeting with a committee composed of the Planning
Administrator, the Town Board, Town Parks Committee, Planning Commission,
or their designees, and other appropriate county and regional planning
agencies, and any other people deemed necessary, before proceeding
with platting procedures. This consultation is not formal but is intended
to inform the subdivider of the purpose and objective of these regulations,
the adopted regional, county or Town comprehensive plans, and of relevant
other ordinances, and to otherwise assist the subdivider in planning
the development. In so doing, both the subdivider and the Town may
reach mutual conclusions regarding the general program and objectives
of the proposed development, as generally depicted in the sketch plan,
and its possible effects on the neighborhood and Town, and the subdivider
will gain a better understanding of the subsequent required procedures.
Specific areas to be discussed include:
[1]
The suitability of the site for development.
[2]
The accessibility of the site.
[3]
The availability of public facilities (sewer, school, parks,
water, etc.) and public services (police, fire, etc.).
[4]
Soil conditions and drainage patterns.
[5]
The effect of the proposed development on any contemplated improvements.
[6]
Compatibility with the Town's Comprehensive Plan.
[7]
Zoning of the site and regulations that apply.
[8]
Required public improvements.
(b)
Additional meetings may be conducted to review revised sketch
plans.
(2)
Submittal of preliminary plat to utilities. The subdivider should
submit a copy of the preliminary plat to those utility companies having
jurisdiction over the subject area so that required easements can
be determined. A subdivision within a sanitary district and sewer
service area must include sanitary district sewer service. A subdivision
in a sanitary district but not in the sewer service area shall include
a statement that sanitary sewer from the district may be installed
at owner's expense at some future time. Response from the utilities
will need to be submitted to the Town Clerk when the preliminary plat
is filed.
(3)
State review. The subdivider is responsible for submitting the required
copies for state agency review according to § 236.12(3),
Wis. Stats. State review comments returned to the subdivider shall
be forwarded to the Town Clerk for inclusion in the Town's review.
If no objections were made by state reviewing agencies, the subdivider
is supplied with a state-certified copy. The subdivider must provide
the Town with a copy of the state certification indicating no objections
were found. If an objecting authority falls to act within 20 days,
it shall be deemed to have no objection to the preliminary plat.[1]
(4)
Submittal of preliminary subdivision plat to Town. The subdivider
shall submit a completed application and other required materials,
including a proposed development agreement and a preliminary stormwater
management plan, to the Town Clerk along with the application fee
as may be established by the Town Board.
(5)
Transmittal. Within five working days after filing, the Town Clerk
shall transmit seven copies to the Planning Commission, six copies
to the Town Board, seven copies to the Parks Committee, one copy to
East Central Wisconsin Regional Planning Commission, and one copy
to the City of Oshkosh if a portion of the proposed subdivision is
located within the city's extraterritorial plat review area.
(7)
(8)
Notice to subdivider. One copy of the preliminary plat shall be returned
to the subdivider with the date and action endorsed thereon. If approved
conditionally or rejected, a letter setting forth the conditions of
approval or the reasons for rejecting shall accompany the preliminary
plat. A copy of the preliminary plat and letter shall be filed in
the Town Clerk's office.
B.
Final subdivision plat.
(1)
Required coordination. If the approving authorities approve a preliminary
plat subject to certain conditions and such conditions are not identical,
then the more restrictive conditions shall apply. If the subdivider
or any one of the approving authorities shall deem it unclear as to
which conditions apply, the subdivider or the approving authority
may request a joint meeting of the subdivider and the other approving
authorities for the purpose of clarifying or, if necessary, amending
the conditions so as to clarify the applicable conditions.
(2)
Preparation of final plat. If the application is approved or approved
with conditions, the subdivider shall proceed to have a final plat
prepared consistent with this article and Ch. 236, Wis. Stats. If
the final plat is not submitted for review within three years of the
date of approval of the preliminary plat, the approving authorities
may refuse to approve the plat for cause. Extensions may be granted
upon mutual agreement of all approving authorities. The final plat
may, if permitted by the Town Board, constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at that time. Approval of a final plat for only a portion of
the preliminary plat shall extend approval for the remaining portion
of the preliminary plat for three years from the date of such final
approval.
(3)
Submittal of final plat. The subdivider shall submit 22 copies of
the final plat along with an application form and the application
fee as may be established by the Town Board. Said filing must occur
with the Town Clerk at least one week prior to the Planning Commission
meeting. In the event the land division involves the dedication and
development of a Town road or other public improvement, the subdivider
shall also submit a proposed development agreement.
(4)
Objecting authority decision. Objecting authorities shall, within
20 days of the date of receiving their copies of the final plat, notify
the subdivider and all other approving and objecting authorities of
any objections. If there are no objections, they shall so certify
on the face of the copy of the plat and return that copy to the Town.
If an objecting authority falls to act within 20 days, it shall be
deemed to have no objections to the plat.[2]
(5)
(6)
Town Board decision.
(b)
The Board's decision shall be made within 60 days from the date
of filing, unless the review period is extended by agreement with
the subdivider. Approval or conditional approval of a preliminary
plat shall not constitute automatic approval of the final plat, except
that if the final plat is submitted within three years of preliminary
plat approval and conforms substantially to the preliminary plat layout,
as provided under § 236.11(1)(b), Wis. Stats., the final
plat shall be entitled to approval with respect to such layout.
(7)
Notice of rejection. If the plat is rejected, the reasons shall be
clearly stated in the minutes of the meeting and a written statement
of the reasons forwarded to the subdivider and the surveyor. Such
statement shall specify what corrections would result in approval.
(8)
Recordation. The approved final plat must be filed in the office
of the Winnebago County Register of Deeds within 12 months after the
date of the last approval of the plat and within 36 months after the
first approval. The subdivider shall notify the Town, which shall
notify all approving authorities, if the plat is not recorded.[3]
(9)
Record set. The subdivider shall provide copies of the recorded plat
as requested by the Town Clerk for distribution to the Town Engineer,
East Central Wisconsin Regional Planning Commission, Building Inspector,
utilities, Town Assessor, and other affected departments for their
files.
(10)
Electronic file. The subdivider shall provide an electronic
file of the subdivision in a format specified by the Town Engineer.
A.
Preparation. A preliminary plat shall be prepared by a professional
land surveyor and comply with the requirements of Ch. 236, Wis. Stats.,
and this article.
B.
Specifications for preparation. A preliminary plat shall be prepared
on durable white paper at a scale of not more than 100 feet to the
inch. When more than one sheet is used, each sheet shall be numbered
consecutively and shall contain a notation giving the total number
of sheets and showing the relation of that sheet to the other sheets,
and each sheet shall bear the subdivision and county name.
B.
Specification for preparation. A final plat shall be prepared on
any material capable of clearly legible reproduction. The plat shall
have a one-inch margin on all sides. A graphic scale of not more than
100 feet to one inch shall be shown on each sheet showing layout features.
When more than one sheet is used for any plat, each sheet shall be
numbered consecutively and shall contain a notation giving the total
number of sheets in the plat and showing the relation of that sheet
to the other sheets, and each sheet shall bear the subdivision and
county name.[2]
C.
Content. A final plat shall include the information listed in Appendix
A as it applies to the project.
D.
Surveying and monumenting. A final plat shall comply with the surveying
and monumenting requirements of § 236.15, Wis. Stats.
E.
State plane coordinate system. Where the final plat is located within
a quarter section, the corners of which have been located, monumented,
and placed on the Wisconsin State Plane Coordinate System, the plat
shall be tied directly to one of the section or quarter corners so
located, monumented, and coordinated. The exact grid bearing and distance
of such tie shall be determined by field measurements, and the material
and Wisconsin State Plane Coordinates of the monument marking the
relocated section or quarter corner to which the plat is tied shall
be indicated on the plat. All distances and bearings shall be referred
to the Wisconsin State Plane Coordinate System. The grid bearing and
distance of the tie shall be determined by a closed survey meeting
the error of closure herein specified for the survey of the exterior
boundaries of the subdivision.[3]
B.
Density. Adequate open space shall be provided so that the average
density and intensity of land use shall be no greater than that permitted
for the zoning district in which it is located. To the extent that
such a plan or plat proposes that particular portions or areas of
the development have higher density or intensity of land use, the
Planning Commission or Town Board may require additional information
pertaining to such development, including information not otherwise
required of a land division. It is the intent of this section to permit
the Planning Commission and Town Board to have sufficient information,
when presented with unique or higher density or intensity of land
use development projects, to adequately review the overall development.
C.
Special review requirements. In order to facilitate public comment,
the Town Board shall notify all property owners within 300 feet of
the subject site with a meeting agenda concerning the subject site
utilizing first class mail with an affidavit of mailing at least five
days prior to the date of such meeting. The Town Board shall conduct
a meeting to review the plat for conformance with this article and
all other ordinances, rules, and regulations which affect the plat.
At this meeting, the Town Board shall permit the public to comment
on the proposed plat. The Town Board shall either approve, approve
conditionally, or reject the preliminary plat within 90 days of submittal.
Condominium plats which are located within the jurisdictional authority
of the Winnebago County Town/County Zoning Ordinance and developed
as a planned unit development shall follow the review and approval
procedures for conditional uses.
D.
Surveying. Condominium plats shall comply with the surveying requirements
of § 703.11, Wis. Stats.
E.
Certificates. Condominium plats shall provide the surveyor's certificate
required by § 703.11(4), Wis. Stats., and, in addition,
the surveyor shall certify that he has fully complied with all the
provisions of this code and shall provide a certificate for Town approval.
F.
Recordation. After the condominium plat has been approved by the
Town Board, Winnebago County, and any other approving authorities,
the subdivider shall record the plat with the County Register of Deeds
consistent with § 703.11, Wis. Stats.[1]
G.
Modifications to an approved plat or declaration. Modifications to
either a condominium plat or declaration shall require review and
approval by the Town Board. If the Town Board determines the proposed
modification would substantially modify the original approval, the
Board may require resubmittal for review and approval as if it were
a new submittal according to the provisions of this article.
Pursuant to § 236.36, Wis. Stats., a replat of all or any part of a recorded subdivision which does not alter areas previously dedicated to the public may be made by complying with § 225-48 of this chapter. When a proposed replat involves alteration or vacation of areas previously dedicated to the public, the subdivider shall vacate or alter the recorded plat consistent with Ch. 236, Wis. Stats.
An assessor's plat may be ordered by the Town Board at the expense
of the subdivider when a subdivision as defined herein is created
by successive division as provided in § 236.31(2), Wis.
Stats.
A.
Generally. The subdivider may propose deed restrictions (also known
as "covenants") to regulate certain aspects of future development
within the area to be subdivided. In addition, the Town Board may
require the developer to prepare and adopt deed restrictions as a
condition of approving a certified survey map or subdivision plat.
B.
Restrictions on certain energy systems. Pursuant to § 236.292,
Wis. Stats., deed restrictions shall not contain any prohibition or
undue restriction on the construction and operation of a solar energy
system, as defined in § 13.48(2)(h)lg, Wis. Stats., or a
wind energy system, as defined in § 66.0403(1)(m), Wis.
Stats.
C.
Statement relating to grading. A notation as provided below shall
be included in deed restrictions for certified survey maps and subdivision
plats as required by the Town Board:
"No owner of any lot shall or will at any time alter the grade
of any lot from that which is naturally occurring on that lot at the
time the site development improvements have been completed by the
subdivider unless and until the lot owner shall first obtain the written
approval of the Town Engineer for such grade alteration. In order
to obtain this approval, it shall first be necessary for the lot owner,
at the lot owner's expense, to have prepared a grading plan that (1)
shows in detail the area to be regraded and the existing and proposed
topography, (2) analyzes the effects on site drainage, and (3) states
that the effects on site drainage will not be in violation of law
as to alteration of natural drainage courses, and is a plan which
does not unreasonably affect an adjacent property owner as regards
drainage or their viewing of unreasonable slope treatment. The Town
Engineer's approval, if granted, shall not relieve the lot owner from
the ultimate design, performance, and function of the grade alteration
and/or drainage condition, and the lot owner by requesting the alteration
and/or by altering the grade thereby agrees to indemnify and hold
harmless the Town of Algoma and its agents, employees, and independent
contractors regarding the same. The subdivider and any agents, employees,
and independent contractors of the Town of Algoma shall have the right
to enter upon any lot, at any time, for the purpose of inspection,
maintenance, and correction of any drainage condition, and the lot
owner is responsible for the cost of the same."
A.
Generally. When a development agreement is required, the subdivider
shall have the responsibility of preparing a proposed agreement using
any previously approved agreements suggested by the Town Attorney
and/or any template developed by the Town Attorney.
B.
Town costs. The subdivider is responsible for reimbursing the Town
for all costs it incurs in the review and approval of a development
agreement, including work performed by Town staff or any consultant
or contract employee retained by the Town.
C.
Amendment. Once a development agreement is accepted by the subdivider
and the Town Board, such agreement may only be amended with the approval
of both parties.
D.
Public record. Although a development agreement is a private contract
between two parties, it is considered a public document.
E.
Model agreement. The Town Attorney, in consultation with the Town
Engineer, Planning Administrator, and others, is authorized to prepare
a model development agreement and make revisions from time to time
as may be needed to address changes in this article, state law, or
best practices. The Town Clerk shall maintain the most current version
and provide copies upon request. The model agreement is provided as
a convenience and is intended to provide the subdivider with a basis
for drafting the agreement.
A.
Generally. Common areas or facilities within a land division or condominium
shall be held in common ownership as undivided proportionate interests
by the members of a homeowners' or condominium association, subject
to the requirements in this section and applicable state law.
B.
Initial establishment. The subdivider shall establish an association
prior to the sale of any lot or unit.
C.
Minimum requirements. The association shall be formed and operate
consistent with the following provisions:
(1)
The association shall be organized by the subdivider and shall be
operated with a financial subsidy from the subdivider, before the
sale of any lots or units.
(2)
Membership in the association is mandatory for all lot/unit owners
and their successors.
(3)
The members of the association shall share in all costs related to
the common areas and facilities, including those related to maintenance,
operation, and insurance.
(4)
The manner in which costs are to be assessed to each lot/unit (e.g.,
ownership regardless of acreage, based on acreage, or other mechanism)
shall be defined.
(5)
The conditions and timing of transferring control of the association
from subdivider to lot/unit owners shall be identified.
(6)
The association may place a lien on the lot/unit of any member who
fails to pay his or her association dues as required. Such liens may
include penalty charges allowed by law.
(7)
The association shall have or hire adequate personnel to administer,
maintain, and operate common areas and facilities.
(8)
In the event of a proposed transfer, within the methods here permitted,
of undivided open space land by the homeowners' association, or of
the assumption of maintenance of undivided open space land by the
Town, notice of such action shall be given to all property owners
within the development.
D.
Land stewardship plan. When any part of a common area will be kept
in a natural state, a land stewardship plan must be prepared and used
to manage such land.
E.
Lease of open space areas.
(1)
Subject to the approval of the Town Board, a homeowners' association
may lease open space lands to any other qualified person or corporation,
for operation and maintenance, provided that:
(a)
Lot/unit owners have access to the open space lands, except
croplands during the growing season;
(b)
The open space lands are maintained for the purposes they were
initially established;
(c)
The operation of open space facilities may be for the benefit
of the residents only or may be open to the residents of the Town,
at the election of the developer and/or homeowners' association, as
the case may be; and
(d)
The Town Board of the Town of Algoma approves any transfer or
assignment of the lease.
(2)
Such lease agreement shall be recorded with the Winnebago County
Register of Deeds within 30 days of its execution and a copy of the
recorded lease shall be submitted to the Town Clerk.
F.
Corrective action by Town. In the event an association fails to properly
maintain a common area or facility, the Town may serve written notice
upon the association setting forth the manner in which the association
has failed to maintain the common area or facility. Such notice shall
describe the corrective actions that are required and the time within
which such actions must be made. Upon failure to comply within the
time specified, the association, or any successor association, shall
be considered in violation of this article, in which case the Town
shall have the right to enter the premises and perform the corrective
actions. All costs incurred by the Town in performing the corrective
actions shall be assessed against the properties that have the right
of enjoyment of the common areas or facilities.
A.
Generally. When a land division is required to meet stormwater management
requirements, the subdivider shall prepare a preliminary stormwater
management plan and submit it along with the other application materials.
B.
Required information. The preliminary stormwater management plan shall contain information the Town may need to evaluate the suitability of the site for proposed stormwater management practices. The preliminary stormwater management plan shall also provide the land requirements for providing stormwater management facilities necessary to meet the performance standards set forth in Article VI of this chapter. Unless specified otherwise, the preliminary stormwater management plan shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed
referenced to the United States Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
50 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed one foot; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections, including time of travel and time
of concentration applicable to each; watershed boundaries used in
determinations of peak flow discharge rates and discharge volumes
from the site; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the
one-hundred-year floodplain; location of wells located within 1,200
feet of stormwater detention ponds, infiltration basins, or infiltration
trenches; delineation of wellhead protection areas delineated pursuant
to § NR 811.16, Wis. Adm. Code.
(b)
Computations of peak flow discharge rates and discharge volumes
for the two-year/twenty-four-hour, ten-year/twenty-four hour, and
one-hundred-year/twenty-four-hour storm events. All major assumptions
used in developing input parameters shall be clearly stated. The computations
shall be made for each discharge point in the development, and the
geographic areas used in making calculations shall be clearly cross-referenced
to the required map(s).
(4)
Post-development site condition, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
50 feet showing: revised pervious land use including vegetative cover
type and condition; impervious land use including all buildings, structures,
and pavement; revised topographic contours of the site at a scale
not to exceed two feet; revised drainage network including enough
of the contiguous properties to show runoff patterns onto, through,
and from the site; locations and dimensions of drainage easements;
flow path and direction for all stormwater conveyance sections, including
time of travel and time of concentration applicable to each; location
and type of all stormwater management conveyance and treatment practices,
including the on-site and off-site tributary drainage area; location
and type of conveyance system that will carry runoff from the drainage
and treatment practices to the nearest adequate outlet such as a curbed
street, storm drain, or natural drainageway; watershed boundaries
used in determinations of peak flow discharge rates and discharge
volumes; and any changes to lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site.
(d)
Any computations of peak flow discharge rates and discharge
volumes for the two-year/twenty-four-hour, ten-year/twenty-four-hour,
and one-hundred-year/twenty-four-hour storm events. All major assumptions
used in developing input parameters shall be clearly stated. The computations
shall be made for each discharge point in the development, and the
geographic areas used in making the calculations shall be clearly
cross-referenced to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures.
(f)
Results of impact assessments on wetland functional values,
where applicable.
(g)
Design computations and all applicable assumptions for the stormwater
conveyance (open channel, closed pipe) system where necessary to determine
drainage easement widths.
(h)
Preliminary detention basin and other best management practice
(BMP) sizing calculations. Calculations shall be completed to the
level of detail necessary to demonstrate that sufficient land is provided
in the preliminary plat for provision of stormwater management facilities
that will comply with stormwater management ordinance requirements.
(5)
Other information as needed by the administering authority to determine
the likelihood of compliance of the final stormwater management measures
with the provisions of the stormwater management ordinance.
(6)
All site investigations, plans, designs, computations, and drawings
shall be certified by a Wisconsin licensed professional engineer to
be prepared in accordance with accepted engineering practice.
A.
Generally. Upon written petition, the Planning Commission may recommend
and the Town Board may grant a waiver or modification to any standard
in this article, but not zoning requirements. Such waiver or modification
shall only apply to the particular circumstances of a specified development
project.
B.
Procedure. The general steps outlined below shall be used in the
review of a waiver/modification request.
(1)
Submittal of application. Prior to or concurrent with the submittal
of a preliminary plat or certified survey, the subdivider shall submit
a completed application and other required materials to the Planning
Administrator along with the application fee as may be established
by the Town Board.
(2)
Staff review. Within 30 days of submittal, the Planning Administrator
shall either schedule a date for review by the Planning Commission
allowing for proper public notice or make a determination that the
application is incomplete and notify the applicant of any deficiencies.
If the application is incomplete, the applicant has three months to
resubmit the application or forfeit the application fee. The Planning
Administrator shall take no further steps to process the application
until the deficiencies have been remedied. The incomplete application
shall be retained as a public record.
(3)
Staff report preparation and distribution. The Planning Administrator
may prepare a written staff report and provide a copy to each member
of the Planning Commission, the applicant, and any other person upon
request.
C.
Decision factors. The Planning Commission in making its recommendation
and the Town Board in making its decision shall consider the following
factors:
(1)
Whether the request will enhance the overall design of the project
and/or avoid unintended consequences;
(2)
Whether the request has the effect of maximizing the development
potential of the subject property and/or minimizing developer costs
in a way that is not inconsistent with the Town's objectives or interests;
(3)
Whether the request would adversely affect property owners in the
surrounding area;
(4)
Whether the request is generally consistent with the overall intent
of this article;
(5)
The effects of waiving or modifying the standard on the public health,
safety, and/or welfare; and
(6)
Any other factor that relates to the purposes of this code or as
allowed by state law.
D.
Imposition of conditions. In granting a waiver/modification, the
Town Board may impose one or more conditions of approval which are
intended to secure the purposes of this article.
E.
Past noncompliance not waived. A waiver or modification shall not
waive any fines, forfeitures, or other penalties that may have accrued
due to violations that took place prior to the date of the request
being granted, unless specifically stated otherwise in the decision
of the Town Board.
A.
General design standards.
(1)
General. The layout of streets shall take into account the arrangement,
width, and location indicated on the Winnebago County Jurisdictional
Highway System Plan, highway width map, official map, comprehensive
plan, or component neighborhood plan, if any, of the Town or county.
In areas for which detailed neighborhood plans have not been completed,
the street layout shall conform to the functional classification of
the various types of streets and shall be developed and located in
proper relationship to existing and proposed streets, to the topography,
to such natural features as streams and tree growth, to further the
public convenience and safety, to the proposed use of the land to
be served by such streets, to existing or planned utilities and to
the most advantageous development of adjoining areas. The subdivision
shall be designed so as to provide each lot with satisfactory access
to a public street or approved way.
(2)
Arterial street arrangement. Arterial streets, also called "collector
streets," shall be platted with greater right-of-way widths and built
with flatter horizontal and vertical curvature to accommodate their
planned heavier traffic volumes, including possible school or public
transit service, must be properly integrated and continuous with the
existing and proposed system of arterials, and often will be restricted
as to the location and amount of direct access to be provided to adjacent
lands. In order to protect the traffic-carrying capacity and safety
of arterials and to provide some shielding of adjacent residential
uses from the adverse impacts of arterial traffic, whenever the proposed
land division contains or is adjacent to an arterial highway or major
collector street, design of the street and lot layout shall take into
account the following:
(a)
In the case of nonresidential land uses, the proliferation of
many high-volume access points shall be discouraged in favor of fewer
planned openings that are shared or that provide service through an
internal street system.
(b)
In the case of residential land uses with high vehicle density,
the minimum access for nonresidential uses shall be observed or use
made of the reversed frontage access approach, both with consideration
for screening of the uses from arterial traffic impact.
(c)
In the case of residential uses with lower vehicle densities,
direct access to the arterials shall be limited to the lowest density
residences with encouragement for deeper lots and greater setbacks,
and all other residential uses shall be arranged on internal streets
or ways including reversed frontage shielded toward the arterial by
a screening area consisting of earth mounds or plantings. The width
of side lots and the depth of reversed lots with such screening shall
be adequate to accommodate a screening area no less than 20 feet in
width.
(3)
Collector
street arrangement. Collector streets may be platted with somewhat
greater width than the local streets they serve and somewhat flatter
gradient, in order to convey the traffic from residential areas to
the arterial street and highway system, and to accommodate possible
school or public transit routes or bicycle/pedestrian paths. Collectors
may also contain along their routes neighborhood or subcommunity retail,
school or other institutional facilities. Although access is usually
not restricted between a collector street and any abutting parcels,
when the amount of traffic volume is expected to be sufficiently high,
residential uses desirably should take their primary access from the
feeder local streets rather than from the collector. Collectors should
also be positioned with respect to topography to permit an efficient
design for storm and sanitary sewers.
(4)
Local
street arrangement. Local streets are primarily for the purpose of
providing access to property and should, therefore, be designed to
avoid as much as possible any through traffic or any fast movement
of vehicles. The emphasis should instead be on the safety of pedestrians
and bicyclists, fitting the local street and lot pattern to topography
to achieve good building sites and to permit efficient water, storm
and sanitary utility service. Achieving these criteria will involve
emphasis on shorter streets and avoiding excessive width or straightness,
both of which can contribute to high speeds and accidents.
B.
Street connections to adjacent property. Proposed streets intended
to serve or extend to the boundary lines of the tract being subdivided
shall normally be extended as part of platting, unless prevented by
topography or other physical conditions, or unless the Town Board
finds that such extension is not necessary or desirable for the coordination
of the layout of the subdivision or for the advantageous development
of the adjacent tracts.
C.
Reserve strips. Reserve strips (spite strips) shall not be permitted
to prohibit access to streets or alleys or other public property.
D.
Alleys. Alleys may be provided in all subdivisions for off-street
loading and service access subject to approval of the approving authorities.
Dead-end alleys shall be provided with an adequate turnaround. Alleys
shall not normally connect to an arterial street or highway.
E.
Street names.
(1)
Generally. Proposed streets which are in alignment with or join an
existing and named street shall normally bear the name of the existing
street. Names of new streets shall not duplicate or be similar to
existing street names. The use of the suffix "street," "avenue," "boulevard,"
"drive," "place," "court" or similar description shall not be sufficient
distinction to constitute compliance with this subsection. All proposed
street names shall be approved by the Planning Commission.
(2)
Prohibited names. Any street that is named after July 1, 2013, shall
not contain the word "oak."
F.
Street design standards.
(1)
The minimum right-of-way of all proposed streets shall be as specified on any adopted official map of the Town or the county or, if no width is specified, the minimum right-of-way width shall be as required by the Town Board and Chapter 260, Public Works, of the Town Code.
(2)
Minimum roadway width and surface width of all new land division roads shall comply with Chapter 260 of the Town Code or § 82.50, Wis. Stats.
(3)
Cul-de-sac streets designed to have one end permanently closed should
not normally exceed 600 feet in length, but can be up to 1,000 feet
in length, provided density is not more than 15 housing units being
served by said street. The Town may require an official map street
stub or future connection to an existing road to decrease the permanent
length of a cul-de-sac street. Such streets shall terminate in a circular
turnaround having a minimum right-of-way radius of 66 feet and a minimum
roadway radius of 45 feet.
G.
Half streets. Where an existing dedicated or platted half street
is adjacent to the tract being subdivided, the other half of the street
shall be dedicated to the Town. The platting of additional half streets
should be avoided wherever possible.
H.
Roadway elevations in floodplains. Elevations of roadways passing
through floodplain areas shall be designed in the following manner:
(1)
Freeways shall be designed so they will not be overtopped by the
one-hundred-year recurrence interval flood.
(2)
Arterial highways shall be designed so they will not be overtopped
by the fifty-year recurrence interval flood.
(3)
Collectors and local streets shall be designed so they will not be
overtopped by the ten-year recurrence interval flood.
I.
Bridges and culverts in floodplains.
(1)
All new and replacement bridges and culverts over perennial waterways,
including pedestrian and other minor bridges, in addition to meeting
other applicable requirements, shall be designed so as to accommodate
the one-hundred-year recurrence interval flood event without raising
the peak stage, either upstream or downstream, more than 0.01 foot
above the peak stage for the one-hundred-year recurrence interval
flood, as established in any applicable FEMA Flood Insurance Study.
However, larger permissible flood stage increases may be acceptable
for reaches having topographic land use conditions which could accommodate
the increased stage without creating additional flood damage potential
upstream or downstream of the proposed structure. Such bridges and
culverts shall be so designed and constructed as to facilitate the
passage of ice floes and other debris.
(2)
All new and replacement bridges shall be constructed in accordance
with all applicable state statutes and codes and may be submitted
to the Department of Natural Resources for its advice.
J.
Bicycle routes. On-road bicycle routes or paved and marked bicycle
lanes along arterial and collector streets may be required by the
Town Board.
K.
Street intersections.
(2)
The number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
(3)
The number of intersections along arterial streets and highways shall
be minimized. Wherever practicable, the distance between such intersections
shall not be less than 1,000 feet.
(4)
On all streets where sidewalks are required, ramps or openings to
accommodate handicapped individuals or their vehicles shall be provided
consistent with § 66.0909, Wis. Stats.
(5)
Collector and local streets shall not necessarily continue across
arterials or collector streets, but if the center lines of such intersecting
streets approach the arterial or collector streets from opposite sides
within 125 feet of each other measured along the center line of the
arterial or collector, the location shall be so adjusted so that the
alignment across the arterial or collector street is continuous and
jog is avoided.
(6)
Where the grade of any street at the approach of an intersection
exceeds 7%, a leveling area shall be provided having not greater than
four-percent grade a distance of 50 feet measured from the nearest
right-of-way line of the intersecting street.
(7)
Where any street intersection will involve earth banks or existing
vegetation inside any lot corner that would create a traffic hazard
by limiting visibility, the developer shall cut such ground and/or
vegetation, including trees, in connection with the grading of the
public right-of-way to the extent deemed necessary to provide adequate
sight distance.
L.
Ingress and egress on limited access highways. Where a tract, lot
or parcel of land abuts a county-controlled limited access highway,
defined in Chapter 7 of the Winnebago County General Code, access
shall be provided by one of the following:
(1)
Access control permit issued by the County Highway Department. The
road access permit shall be issued and the number shall be shown on
the face of the certified survey map or plat before said documents
are recorded.[2]
(2)
Frontage road dedicated to the public having an approved access.
(3)
Variance approved by the Winnebago County Board of Adjustment.
(4)
Easement to use an existing access. In this case, the following provisions
shall apply:
(a)
The parent parcel having an existing access shall allow access
to each subsequent parcel, and each subsequent parcel shall allow
access to each additional subdivided parcel, not to exceed the maximum
spacing requirements of Chapter 7, Winnebago County General Code.
(b)
Setback requirements will be applicable to the zoning classification
of the parcel as defined in Chapter 23 of the Winnebago County Town/County
Zoning Code and shall be measured from the edge of easement.[3]
(c)
Easement right-of-way shall be a minimum of 66 feet in width
and shall not include public right-of-way (overlap) within the easement
width.
M.
Limited-access highway and railroad right-of-way.
(1)
When residential lots within a proposed subdivision back upon the
right-of-way of an existing or proposed limited access highway or
railroad, a planting strip at least 30 feet in depth shall be provided
adjacent to the highway or railroad in addition to the normal lot
depth. This strip shall be a part of the platted lots but shall have
the following restriction on the face of the plat: "This strip is
reserved for berms and the planting of trees and shrubs. The building
of all structures, excepting public or private utility structures
hereon, is prohibited."
(2)
Commercial and industrial districts should provide, on each side
of the limited access highway or railroad, streets approximately parallel
to and at a suitable distance from such highway or railroad for the
appropriate use of the land between such streets and highway or railroad,
but not less than 150 feet.
(3)
Streets parallel to a limited access highway or railroad right-of-way,
when intersecting a major street, highway or collector street which
crosses such railroad or highway, shall normally be located at a minimum
distance of 250 feet from such highway or railroad right-of-way. Such
distance, where desirable and practicable, shall be determined with
due consideration of the minimum distance required for the future
separation of grades by means of appropriate approach gradients.
(4)
Minor streets immediately adjacent and parallel to a railroad right-of-way
should be avoided.
N.
Blocks.
(1)
General. The widths, lengths, and shapes of blocks shall be suited
to the planned use of the land; zoning requirements; need for convenient
access, control, and safety of street traffic; and the limitations
and opportunities of the topography.
(2)
Length. Blocks in residential areas should not as a general rule
be less than 500 feet nor more than 1,500 feet in length unless otherwise
dictated by exceptional topography or other limiting factors in good
design. The developer may propose and the Town Board may require a
pedestrian walk not less than 20 feet wide within blocks more than
900 feet long to provide convenient pedestrian circulation or access
to schools, playgrounds, commercial areas, transportation facilities,
and other community facilities.
(3)
Width. Blocks shall have sufficient width to provide for two tiers
of lots of appropriate depth, except where otherwise required to separate
residential development from through traffic or where lots abut a
lake or stream. The width of lots or parcels reserved or laid out
for commercial or industrial use shall be adequate to provide for
off-street service and parking required by the use contemplated and
the area zoning provisions for such use.
O.
Utility easements. All utility lines for electric power and telecommunication
service shall be placed underground within street rights-of-way or
within utility easements. The Town Board may allow overhead poles
when it is clearly evident that it is not possible to place the utilities
underground.
P.
Lots.
(1)
General. The size, shape, and orientation of lots shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated. The lots should be designed to provide an aesthetically
pleasing building site and a proper architectural setting for the
building contemplated, including considerations of solar access.
(2)
Side lot lines. Side lot lines should be at right angles to straight
street lines or radial to curved street lines on which the lots face.
Lot lines shall follow Town boundary lines rather than cross them.
(3)
Double frontage and reversed frontage lots. Double frontage and reversed
frontage lots are prohibited, except where necessary to provide separation
of residential development from through traffic or to overcome specific
disadvantages of topography and orientation.
(4)
Lot frontage. Unless otherwise noted, all newly created lots shall
have a minimum frontage of 33 feet on a public street and, where applicable,
a minimum frontage of 33 feet on navigable water. A certified survey
map or subdivision plat creating a new parcel without frontage on
a public street shall contain the following statement:
"Areas under county zoning jurisdiction: Applications for county
zoning permits for residential structures (principal or accessory)
and all other principal structures, except agricultural, shall not
be considered for approval until the parcel meets the public street
frontage and lot width requirements of the applicable non-agricultural
zoning district."
(5)
Minimum lot area. All lots shall contain a minimum of 15,000 square
feet or comply with the minimum lot size requirements of applicable
zoning regulations, whichever is more restrictive.
(6)
Oversized lots. Any buildable parcel that is more than twice the
size of the minimum lot area established under applicable zoning regulations
shall be arranged and dimensioned so as to allow redivision at a future
date.
(7)
Width to depth ratio of lots. Lots should be designed with a suitable
proportion between width and depth. Neither long, narrow or wide,
shallow lots are normally desirable. Normal depth should not exceed
2.5 times the width nor be less than 150 feet.
(8)
Minimum lot width. Lots shall be at least 100 feet wide at the building
setback line established under applicable zoning regulations. Corner
lots shall be designed with extra width to permit adequate building
setback from both streets.
(9)
Lots accessed off of cul-de-sac. The number of lots at the end of
a cul-de-sac shall be determined at the time of design.
[Amended 6-21-2017 by Ord. No.
2017-03]
(10)
Compliance with driveway requirements. Lots shall be designed
to comply with Town ordinances and any other requirement relating
to driveways, such as design, placement, and construction requirements.
(11)
Compliance with road access requirements. Lots shall be designed
to comply with any road access requirements as may be adopted by the
Town, Winnebago County, or the State of Wisconsin.
(12)
Garage lots. Garage lots are allowed consistent with all applicable
zoning regulations and the requirements in this subsection. Area and
width requirements established in this article shall be followed,
provided that administrative authorization to modify lot area is allowed
in circumstances where unique conditions exist. A garage lot must
be located directly across from the house lot, and a deed restriction,
in a form acceptable to the Planning Administrator, shall be recorded
in the office of the Register of Deeds. Such deed restriction shall
be perpetual but may be terminated by the Town when the Winnebago
County Zoning Administrator determines that the garage lot is being
enlarged to meet all applicable buildable lot standards.
(13)
Flag lots. Flag lots shall be prohibited, except where necessary
to accommodate exceptional topography or to preserve natural resources.
(14)
Meander line and water's edge. Lands lying between the meander
line, established in accordance with § 236.20(2)(g), Wis.
Stats., and the water's edge and any otherwise unplattable lands which
lie between a proposed subdivision and the water's edge shall be included
as part of lots, outlots, or public dedication in any plat or certified
survey map abutting a stream or lake. Consideration shall be given
to the location of lot lines to facilitate shoreline protection and
maintenance of intended water access.
(15)
Wetlands. It is the intent of this article to protect wetlands
as a valuable natural resource of the Town. In general, no lot shall
contain wetlands. In a few minor instances, for example, where wetlands
are extremely small or very narrow fingers jut into large buildable
lands, wetlands may be included in a lot. Except with the approval
of the Town Board, no more than 10% of any lot shall be comprised
of wetlands. If recommended affirmatively by both the Planning Commission
and Parks Committee, the Town Board may allow up to 20% of a lot to
be comprised of wetlands. In no event shall more than 20% of a lot
be comprised of wetlands. The protective covenants for a subdivision
which includes one or more lots containing wetlands shall prohibit
any activity which disturbs the wetland area. This covenant shall
be enforceable by the Town of Algoma as well as other owners in the
subdivision. Wetlands not located within a park or lot shall be designated
as outlots.
(16)
Restrictions prohibiting development. Whenever a lot appearing
on a final plat, condominium plat, or certified survey map is not
intended to be buildable, or is intended to be buildable only upon
certain conditions, an express restriction to that effect, running
with the land and enforceable by the Town of Algoma, shall appear
on the face of the plat or map.
Q.
Building setback lines. Building setback lines or building envelopes
should not be shown on a final subdivision plat or final certified
survey map except when the Town Board imposes a more restrictive setback
as part of the review process to account for special circumstances.
Examples of the application of this provision would include requiring
greater setbacks on cul-de-sac lots to achieve the necessary lot width
at the setback line, requiring greater setbacks to conform to setbacks
of existing adjacent development, requiring greater setbacks to accommodate
a coving design, requiring greater setbacks to avoid placing buildings
within easements or vision clearance triangles, setting special yard
requirements to protect natural resources, or requiring greater setbacks
along arterial streets and highways to meet the requirements of Ch.
Trans 233, Wis. Adm. Code.
R.
Surface water drainage restrictions.
(1)
Generally. To the extent practical, no drainageway contained within
a drainage easement shall be disturbed, except as provided below,
in accordance with the following:
(a)
No artificial obstruction may be constructed, planted, or maintained
within any man-made or natural drainageway so that such obstruction
impedes the natural flow of water and/or diminishes the natural aesthetic
quality of the drainageway.
(b)
Lot boundaries shall be made to coincide with new and/or preexisting
man-made and natural drainageways to avoid creation of lots that can
be built upon by altering such drainageways.
(2)
Exceptions. Surface water shall not be regarded as unduly retained
or diverted if the retention or diversion:
(a)
Results from a technique, practice, or device deliberately installed
as part of an approved sedimentation or stormwater runoff control
plan;
(b)
Is not substantially different in location or degree than that
experienced by the development site in its predevelopment stage, unless
such retention presents a danger to health or safety;
(c)
Results from the actions of natural obstructions, whereby maintenance
shall be performed by the property owner; or
(d)
Has been allowed or required by the Town of Algoma or the Winnebago
County Planning and Zoning Department and noted on the approved drainage
plan and final plat.
S.
Protection of natural resources. Where natural drainage channels,
floodplains, wetlands, or other environmentally sensitive areas are
encompassed in whole or in part within a proposed land division or
condominium, the Planning Commission may require that such areas be
dedicated or that restrictions be placed on the plat or certified
survey map to protect such resources. The Planning Commission may
further require that such areas be included in outlots designated
on the plat or certified survey map and restricted from development.
A.
Dedication and reservation of land.
(1)
Reservation and dedication of public land. Whenever a tract of land
to be divided by certified survey map or subdivision plat includes
all or any part of land designated in an adopted regional, county,
or Town plan or plan component as a proposed street, drainageway,
public park, playground, public access, open space site, trail, public
way or other public land (hereafter, the "public land"), the location
and dimensions of such public land shall be identified on the certified
survey map or plat and either be dedicated to the public or be reserved
for acquisition by the county, the Town, or other public entity.
(a)
If reserved for acquisition, the period of reservation shall be for:
[1]
Three years from the date of the Town Board's conditional approval
of all roads in the recorded certified survey map or plat;
[2]
Three years from the date the certified survey map or plat is recorded
in the office of the Register of Deeds for Winnebago County, if there
are no dedicated roads in the certified survey map or plat; or
[3]
An extended period of time agreed to between the subdivider, subsequent
owner of the property, or other authorized party and the Town or other
public entity.
(b)
If Town plans require a dedication of less Town-owned public land
than what is required, the subdivider shall pay the in-lieu-of amount
for the difference. If Town plans require a dedication of more Town-owned
public land than is required, the Town of Algoma shall reimburse the
subdivider the undeveloped land value of the additional parkland.
(2)
Dedication of parkland and open space. The subdivider shall dedicate
1,350 square feet of land to the Town for each housing unit within
the project, provided land in the subdivision is shown on the Town's
Comprehensive Plan as parkland or trail. This dedication shall be
at no cost to the Town. The number, size, and location of all dedications
shall be determined by the Town Board after considering the recommendation
of the Parks Committee and the Planning Commission. The Town Board
has the right to refuse any dedication of land it determines to be
unsuitable for park or open space.
(3)
Payment in lieu of dedication.
(a)
If the Town, in its sole discretion, determines that the land proposed to be dedicated is not suitable, because of unexpected contamination or other limitation, or upon the mutual agreement of the subdivider and the Town, the subdivider shall pay in lieu of said dedication the fees set forth in Subsection A(4), (5) and (6). These values (based upon the market value of undeveloped land just prior to development, and upon projected public land development costs and projected adjacent street and utility costs) shall be updated periodically by the Town Board and become effective upon approval by resolution of the Town Board. The proportion of such costs to be covered by these fees and by projected property taxes from the new development shall also be updated by said resolution.
(b)
In-lieu-of payments received by the Town shall be deposited
in a segregated, nonlapsing fund to be used for new public land development,
including site acquisition and related capital improvements. Disbursement
from such funds shall be made only upon specific approval of the Town
Board upon considering the recommendation of the Parks Committee and
the Planning Commission.
(c)
The development of public land facilities shall be located in
the vicinity of the land from which the funds are based. Such facilities
shall be owned, operated, and maintained by the Town.
(4)
Unimproved land. The average value hereby established for the amount
of undeveloped land, at the time of division (whether by subdivision
plat or certified survey map), upon which planned parks, other open
spaces and other facilities are to be located as set forth above shall
be 50% of $490, or $245 per lot or dwelling unit potential, whichever
is greater, or as updated by resolution of the Town Board. This lot/unit
value is based upon $16,000 per acre average for developable lands
and $2,000 per acre for wetlands. Whenever the subdivider or the Town
feels the average value unfairly represents the value of the specific
tract being considered for dedication or for public purchase in lieu
of dedication, an appraiser acceptable to both parties shall be contracted
by the Town. The cost of this appraiser's services shall be divided
equally between the parties. If the parties still cannot reach agreement
on value, either party may appeal the matter to the Circuit Court
of Winnebago County, Wisconsin, for resolution by the court.
(5)
Road and utility improvements bordering public lands. The average
value hereby established for the portion of such improvements bordering
a park or other facility shall be based upon 50% of 3.0 feet of park
road frontage per lot or dwelling unit potential in the development
and shall be $150 per lot or dwelling unit potential, as updated by
resolution of the Town Board.
(6)
Public land development fees. The average cost for improvements of
land set forth above, for park and open space areas, including (without
limitation by virtue of enumeration) parking, paths or trails, and
signage for natural areas, and the same plus customary turf, play
surfaces, and athletic equipment and surfaces for recreation areas,
shall be 50% of $800, or $400 per lot or dwelling unit potential,
as updated by resolution of the Town Board.
B.
Required improvements.
(1)
General. The subdivider shall install those improvements the Town
Board determines to be reasonably necessary to the serve the project.
(2)
Construction standards. All infrastructure, such as streets and sidewalks,
shall be constructed consistent with the construction standards and
specifications as may be adopted by the Town Board.
(3)
Subdivider's right of recovery. If the subdivider is required or
agrees to oversize any on-site or off-site improvement, provisions
shall be included in a development agreement that assure the subdivider's
rights to recover those additional costs. A specific repayment schedule
by the Town shall be included. Where data cannot be established, events
related to repayment shall be identified, such as the levying and
collecting of special assessments from other owners, issuance of revenue
or general obligation bonds, or the receipt of certain taxes or user
fees.
C.
Approvals and acceptance of improvements.
(1)
Required approvals. Prior to the commencement of any land-altering
activity, the subdivider shall submit all plans and specifications
for such work to the Town Engineer and receive approval of the same.
Such plans and specifications may include the following:
(b)
Master grading plan.
(c)
Stormwater management plan as approved by Winnebago County and
the Town Engineer.
(d)
Erosion control plan as approved by Winnebago County.
(e)
Sanitary sewer plans as approved by the sanitary district having
jurisdiction.
(f)
Signage plan for all required traffic control signs and street
name signs.
(2)
Requirements for financial guarantee. After receiving approval of
all required plans and specifications but prior to commencing any
land-altering activity, the subdivider shall provide the Town with
a financial guarantee approved by the Town Attorney as to form that
is equal to 115% of the estimated cost of improvements and other fees,
costs, and other money as determined by the Town Engineer. If the
project is to be constructed in phases, the amount of the financial
guarantee shall be limited to the phase of the project that is currently
being constructed. The Town Engineer may from time to time adjust
the amount of estimated costs of said improvements, and within 30
days of written notice of said change, the subdivider shall increase
the financial guarantee by that amount or any other amount acceptable
to the Town Board. As the required improvements are installed and
accepted, the Town Board may authorize reductions of the financial
guarantee in the amount deemed appropriate. No surety bonds will be
accepted as a financial guarantee.
(3)
Inspections. The Town Engineer may from time to time conduct inspections
related to the approved work. The subdivider shall reimburse the Town
for all costs it incurs related to these inspections.
(4)
Initial acceptance. Written initial acceptance shall be issued as
set forth in the development agreement only after all fees due the
Town have been paid and after the grading, initial bituminous concrete
(asphalt) paving, seeding and other erosion control construction is
completed. The initial acceptance means that the Town accepts and
approves only the paved surface for snow plowing. Other road and ditch
maintenance shall be the responsibility of the subdivider until final
acceptance is given. Before the initial acceptance can be issued,
the subdivider shall furnish sufficient proof that all costs for consideration
have been or will be paid by the subdivider.
(5)
Maintenance prior to final acceptance. The subdivider shall be responsible
for the maintenance of all required improvements from the date of
initial acceptance until the date the Town Board accepts the specified
public improvements. If any repairs should be required as determined
by the Town Engineer, the Town Clerk shall give the subdivider a fourteen-day
written notice to perform such repairs. If the repairs are not begun
within the fourteen-day period and completed within a reasonable time
thereafter, as determined by the Town Board, the Town may complete
the repairs. The cost of the repairs shall be billed to the subdivider
and paid by the subdivider within a reasonable time, as determined
by the Town Board, taken out of the financial guarantee.
(6)
Final acceptance. Written final acceptance by the Town Board shall
be issued to the subdivider only after the final inspection indicates
compliance with this article and the applicable requirements of the
development agreement. The subdivider shall be notified of any deficiencies
found by the Town Engineer during the final inspection. The subdivider
shall correct any deficiencies and shall notify the Town that the
required repairs have been completed. If the reinspection indicates
satisfactory compliance with this article and the applicable requirements
of the development agreement and the subdivider gives the Town a financial
guarantee for continued maintenance as provided for in this section,
the Town Board shall issue the written final acceptance to the subdivider.
Following the date of final acceptance, the Town shall, within a reasonable
period of time, return the remaining balance of the financial guarantee,
together with interest, if any, to the subdivider or terminate the
letter of credit.
(7)
Maintenance guarantee after final acceptance. Prior to final acceptance
of the required public improvements, the subdivider shall provide
the Town with a financial guarantee, in a form acceptable to the Town
Attorney, that is equal to 15% of the amount of the financial guarantee
the subdivider provided the Town prior to the start of construction.
If within one year of final acceptance the Town Engineer determines
that the public improvements need repair due to faulty materials or
workmanship or the subdivider damages Town property and/or improvements,
the Town Clerk shall give the subdivider a fourteen-day written notice
to perform such repairs. If the repairs are not begun within the fourteen-day
period and completed within a reasonable time thereafter, as determined
by the Town Board, the Town may complete the repairs. The cost of
the repairs shall be billed to the subdivider and paid by the subdivider
within a reasonable time, as determined by the Town Board, or taken
out of the financial guarantee. If the Town draws against financial
guarantee, the subdivider shall within 10 working days of such draw
replenish said monies up to the aggregate amount. This financial guarantee
shall not be a bar to any action the Town might have for negligent
workmanship or materials. Wisconsin law on negligence shall govern
such situations.
D.
Lot grading. The subdivider shall perform all rough grading of the
subject property consistent with an approved master grading plan.
Rough grading shall be within three inches of final grade and shall
include all drainage swales and other stormwater management facilities.
Where utility facilities are to be installed underground by other
than the subdivider, the utility easements shall be graded to within
six inches of final grade by the subdivider prior to the installation
of such facilities, and earth fill, piles or mounds of soil or construction
materials shall not be stored on such easement areas.
E.
Public sanitary and private sewage disposal systems. Any sanitary
district within the Town shall determine the feasibility of service
and the procedures to be followed by the owner of a proposed subdivision
within said district. Lots in a major land division and dwelling units
in a major condominium plat shall be served by a public sanitary sewage
system, a major holding tank in a sanitary district as part of a public
sewer system, or an on-site soil absorption system in accordance with
Ch. SPS 385, Wis. Adm. Code.
[Amended 7-20-2016 by Ord. No. 2016-03]
F.
Stormwater management facilities.
(1)
Generally. The subdivider shall construct stormwater drainage facilities,
which may include curbs and gutters, catch basins and inlets, storm
sewers, road ditches, open channels, and storage facilities, as may
be required. All such facilities are to be of adequate size and grade
to hydraulically accommodate potential volumes of flow. The type of
facilities required and the design criteria shall be determined by
the Town Engineer. Storm drainage facilities shall be designed to
prevent and control soil erosion and sedimentation and present no
hazard to life or property. The size, type, and installation of all
stormwater management facilities proposed to be constructed shall
be in accordance with the plans and specifications approved by the
Town Engineer.
(2)
Oversized facilities. If larger conveyance and storage facilities
are required to accommodate flows originating from outside of the
proposed development, or to avoid flooding attendant to increased
flows downstream of the proposed development caused not by the development
but by preexisting development upstream, the cost of such facilities
shall be prorated in proportion to the contributing rates of flows,
and the excess cost shall be borne by the Town or assessed against
the tributary drainage areas concerned.
G.
Signage. The subdivider shall install traffic control signs as specified
by the Town Engineer.
H.
Streetlights. The subdivider shall install streetlights as may be
required by the Town Board in a manner specified by the Town Engineer.
In evaluating the need for streetlighting, the following factors shall
be evaluated:
I.
Other utilities. The subdivider shall cause natural gas, electrical
power, and telephone and other communication facilities to be installed
in such a manner as to make adequate service available to each lot
in the land division or condominium.
J.
Survey monuments. Survey monuments shall be installed before approval
of a final plat consistent with § 236.15, Wis. Stats., and
as may be required by the Town. Pursuant to § 236.15(1)(h),
Wis. Stats., the Town Board may defer the placing of monuments required
under § 236.15(1)(b), (c), and (d), Wis. Stats., for a reasonable
time on condition that the subdivider provide a financial guarantee
to ensure the placing of such monuments within the time required.
The amount of the financial guarantee shall be established by the
Town Board, which shall not be less than $100 per lot, with a minimum
of $500.
A.
Generally. The Town encourages the establishment of cluster subdivisions
as a development option. A cluster subdivision is different than a
traditional subdivision in that residences are grouped together on
comparatively small lots, while maintaining the overall density allowed
by the zoning regulations, so that the majority of the property is
left undeveloped. There are many benefits to a cluster subdivision
design. A properly designed project can:
B.
Minimum project size. A proposed cluster development shall contain
at least 10 acres, or a lesser amount with Town Board approval.
C.
Maximum number of lots. The maximum number of lots within a cluster
subdivision shall be determined by dividing the total adjusted tract
acreage (i.e., gross parcel minus the primary conservation areas)
by the minimum lot size(s) established under applicable zoning regulations.
D.
Changes to development standards. The general design standards in
this article may, at the discretion of the Town Board, be relaxed
as an incentive in developing cluster subdivisions. Standards that
can be relaxed in order to permit more creative land division design
include lot shape and depth, length of cul-de-sac roads, and road
right-of-way width.
E.
Evaluation criteria. The Planning Commission and Town Board shall
evaluate cluster subdivisions to determine whether the proposed conceptual
preliminary plan:
(1)
Protects all floodplains, wetlands, and steep slopes from clearing,
grading, filing, or construction, except as may be approved by the
Town for essential infrastructure or active or passive recreation
amenities.
(2)
Preserves and maintains mature woodlands, existing fields, pastures,
meadows, and orchards, and creates sufficient buffer to minimize conflicts
between residential and agricultural uses. If development must be
located on open fields or pastures because of greater constraints
in all other parts of the site, dwellings should be sited on the least
prime agricultural soils, or in locations at the far edge of a field,
as seen from existing public roads. Other considerations include whether
the development will be visually buffered from existing public roads,
such as by a planting screen consisting of a variety of trees, shrubs,
and wildflowers.
(3)
Maintains or creates an upland buffer of natural native species vegetation
of at least 100 feet in depth adjacent to wetlands and surface waters,
including creeks, streams, springs, lakes, and ponds.
(4)
Designs around existing hedgerows and tree lines between fields or
meadows and minimizes impacts on large woodlands (greater than five
acres), especially those containing many mature trees or a significant
wildlife habitat. Also, woodlands of any size on highly erodible soils
with slopes greater than 10% should be avoided. However, woodlands
in poor condition with limited management potential can provide suitable
locations for residential development. When any woodland is developed,
great care shall be taken to design all disturbed areas (for buildings,
roads, yards, septic disposal fields, etc.) in locations where there
are no large trees or obvious wildlife areas, to the fullest extent
practicable.
(5)
Leaves scenic views and vistas unblocked or uninterrupted, particularly
as seen from public thoroughfares. In wooded areas where the sense
of enclosure is a feature that should be maintained, a deep "no-build,
no cut" buffer should be respected, to preserve existing vegetation.
(6)
Protects wildlife habitat areas of species listed as endangered,
threatened, or of special concern under the Endangered Species Act
of 1973, as may be amended, or a similar designation by the State
of Wisconsin.
(7)
Designs around and preserves sites of historic, archaeological, or
cultural significance, and their environs, insofar as needed to safeguard
the character of the feature, including stone walls, barn foundations,
cellar holes, earthworks, and burial grounds.
(8)
Protects rural roadside character and improves public safety and
roadway carrying capacity by avoiding development fronting directly
onto existing public roads.
(9)
Provides mature landscape plantings equal to at least five trees
(mixture of ornamental and shade tree) per each residential unit,
interspersed throughout the subdivision in areas void of trees, cul-de-sac
islands, and in visually strategic locations that will add aesthetic
appeal to the overall development.
(10)
Includes a pedestrian circulation system designed to assure
pedestrian safety and that provides a connection to adjoining properties
or pedestrian trail systems. All roadside pedestrian trails (if any)
should connect with off-road trails.
(11)
Provides open space that is in a reasonably contiguous configuration.
Fragmentation of open space should be minimized and open space should
not be divided into numerous small parcels located in various parts
of the development. To the greatest extent practicable, open space
shall be designed as a single block with logical, straightforward
boundaries. Long thin strips of conservation land shall be avoided,
unless the conservation feature is linear or unless such configuration
is necessary to connect with other streams or trails. The open space
should generally abut existing or potential open space land on adjacent
parcels (such as in other subdivisions, public parks, or properties
owned by or leased to private land conservation organizations). Such
subdivision open space shall be designed as part of a larger contiguous
and integrated greenway system, as per the policies in the Parks and
Open Space and Multi-Purpose Trails implementation section of the
Town's Comprehensive Plan.[1]
F.
Existing features map. In addition to the other submittal requirements,
the subdivider shall prepare an existing features map (site analysis
map) that will form the basis of the design process for open space,
house locations, street alignments, and lot lines. The subdivider
shall bring a copy of the existing features map to the on-site walkabout
with the Planning Commission. The existing features map shall depict:
(1)
The topography of the site, based on a USGS quadrangle map;
(2)
Environmentally sensitive areas such as slopes (over 25%), wetlands,
watercourses, intermittent streams, and one-hundred-year floodplains;
(3)
Rights-of-way and easements; and
(4)
Significant features such as woodlands, tree lines, open fields or
meadows, scenic views into or out from the property, watershed divides
and drainageways, fences or stone walls, rock outcrops, and existing
structures, roads, tracks and trails.
G.
Open space requirements.
(1)
Amount of open space to be designated.
(a)
Primary conservation areas and secondary conservation areas
shall be designated as open space. Primary conservation areas include:
[1]
Wetlands, including a fifty-foot buffer around wetlands soils
classified as "very poorly drained" in the medium-intensity county
soil survey;
[2]
Water bodies along with a one-hundred-foot buffer;
[3]
One-hundred-year floodplains as depicted on any flood insurance
rate maps adopted by Winnebago County;
[4]
Slopes exceeding 25%;
[5]
Soils subject to slumping; and
[6]
Land that is currently protected from development by a conservation
easement or other private agreement.
(b)
Secondary conservation areas shall consist of 50% or more of
the net land area of the subject property, after the primary conservation
areas have been subtracted. The Town Board may in its discretion decrease
the 50% requirement by 5% for each of the following elements (maximum
of 15% reduction):
[1]
Use of a cluster septic system.
[2]
Coordinated subdivision theme identification signage, street
name signs, and lighting.
[3]
Other features not necessarily required by this article, such
as fitness trails, docks with seating areas in ponds, or other features
considered unique and imaginative that will add a distinctive feature
and benefit to future residents and the Town.
(2)
Layout of open space areas.
(a)
Although the location of primary conservation areas is predetermined
by physical characteristics, greater latitude exists in designation
of secondary conservation areas. As such, the location of secondary
conservation areas shall be guided by the Town's Comprehensive Plan
and shall typically include all or part of the following types of
resources: mature woodlands, aquifer recharge areas, areas with highly
permeable ("excessively drained") soil, significant wildlife habitat
areas, prime farmland, historic, archaeological or cultural features
listed (or eligible to be listed) on national, state or county registries
or inventories, and scenic views into the property from existing public
roads.
(b)
Although the resource lands listed as potential secondary conservation
areas may comprise more than half of the remaining land on a development
parcel (after primary conservation areas have been deducted), no applicant
shall be required to designate more than 20% of that remaining land
as a secondary conservation area.
(c)
Cluster subdivisions shall be designed around both the primary
and secondary conservation areas, which together constitute the total
required open space. The design process should therefore commence
with the delineation of all potential open space, after which potential
house sites are located, the road alignments identified, and lot lines
drawn as the final step.
(d)
Undivided open space shall be directly accessible to the largest
practical number of lots. To achieve this, the majority of lots should
abut undivided open space in order to provide direct views and access.
Safe and convenient pedestrian access to the open space from all lots
not adjoining the open space should be provided.
(e)
Pedestrian trails within a cluster subdivision are required
to be connected to any regional pedestrian trails, wherever established
or proposed by the Town of Algoma, Winnebago County, or the State
of Wisconsin. All trails within a cluster subdivision must be open
to the public. A public land dedication, not exceeding 10% of the
total parcel size, may be required by the Town, through designated
open space, to facilitate public trail connections. A narrative describing
ownership, use, and maintenance responsibilities shall be submitted
for all common space and public improvements, utilities, and open
spaces.
(3)
Protection of open space areas. Land in the primary and secondary
conservation areas (not used for lots and streets) shall be protected
through a conservation easement or actual land dedication to the public.
(4)
Permissible uses of open space areas. The subdivider shall document
the purposes for which open space areas are proposed on the face of
the plat. The designated open space may be used, without restriction,
for underground drainage fields for individual or community septic
systems. Stormwater management ponds or basins and land within the
rights-of-way for underground pipelines may be included in a designated
open space area.
(5)
Ownership of open space. Designated open space shall be owned, administered,
and maintained by any of the following methods, either individually
or in combination, subject to approval of the Town Board:
(a)
Offer of dedication.
[1]
The Town or other governmental agencies shall have the first
and last offer of dedication of undivided open space in the event
said land is to be conveyed. Dedication shall take the form of a fee
simple ownership. The Town may, but shall not be required to, accept
undivided open space, provided that:
[2]
Where the Town accepts dedication of common open space that
contains improvements, the Town may require the posting of financial
security to ensure structural integrity of said improvements as well
as the functioning of said improvements for a term not to exceed 18
months from the date of acceptance of dedication. The amount of financial
security shall not exceed 15% of the actual cost of installation of
said improvements.
(b)
Homeowners' association. The undivided open space and associated
facilities may be controlled by a homeowners' association approved
by the Town.
(c)
Condominiums. The undivided open space and associated facilities
may be controlled through the use of condominium agreements approved
by the Town. Such agreements shall be in conformance with the State's
Condominium Ownership Act (Ch. 703, Wis. Stats.) and this article.
(d)
Dedication of easements. The Town may, but shall not be required
to, accept easements for public use of any portion or portions of
undivided open space land, title of which is to remain in ownership
by a condominium or homeowners' association, provided that:
[1]
Such land is accessible to Town residents;
[2]
There is no cost of acquisition other than any costs incidental
to the transfer of ownership, such as title insurance; and
[3]
A satisfactory maintenance agreement is reached between the
developer, condominium or homeowners' association, and the Town.
(e)
Transfer of easements to a private conservation organization.
With the approval of the Town Board, an easement may be transferred
to a private, nonprofit organization, among whose purposes it is to
conserve open space and/or natural resources, provided that:
[1]
The organization is a bona fide conservation organization with
perpetual existence;
[2]
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and
[3]
A maintenance agreement acceptable to the Town Board is entered
into by the developer and the organization.
