A.
Compliance. No person, firm or corporation shall divide any land
located within the jurisdictional limits of these regulations which
results in a subdivision, land division, land conveyance, consolidation,
or a replat as defined herein; no such subdivision, land division,
land conveyance, consolidation, or replat shall be entitled to recording;
and no street shall be laid out, nor improvements made to land, nor
building permits issued for any land division without compliance with
all requirements of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for the Floodplain Management
Program and the Shoreland-Wetlands Management Program.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board.
(6)
All applicable Village of Athens and county regulations, including
zoning, sanitary, building and official mapping ordinances.
(8)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
(9)
The Village's sewer and water rules on file with the Public Service Commission of the State of Wisconsin concerning sewer and water installations and services. These rules, and Chapter 367, Sewers, of this Code, are incorporated herein by reference and made a part hereof as though fully set forth herein.
B.
Extraterritorial plat approval jurisdiction. Jurisdiction of these
regulations shall include all lands within the corporate limits of
the Village as well as the unincorporated area within the extraterritorial
jurisdiction of the Village. The Village of Athens has elected to
approve plats under its extraterritorial plat approval jurisdiction
as provided in Ch. 236 and § 66.0105, Wis. Stats.[4]
C.
Jurisdiction. The provisions of this chapter, as they apply to divisions
of tracts of land into fewer than five parcels, shall not apply to:
(1)
Transfers of interests in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages or easements.
(3)
Sale or exchange of parcels of land between adjoining property owners
or where not more than one additional lot is created and said lot
is not less than the minimum size required by applicable laws or ordinances.
No more than one lot may be created in this fashion within a one-year
period.
D.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats., subject to approval of the Village Board.
E.
Issuance of permits. The Village of Athens shall not recognize and
no building or other permits shall be issued by the Village authorizing
the building on, occupancy, or improvement of any parcel of land not
on record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully complied with and
a resolution approving the land division has been adopted by the Village
Board of the Village of Athens.
F.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the Village's jurisdiction,
pursuant to § 703.27(1), Wis. Stats. For purposes of this
chapter, a condominium unit and any associated limited common elements
shall be deemed to be equivalent to a lot or parcel created by the
act of subdivision.
G.
Recording of plats or certified surveys. Plats and certified surveys
approved by the Village Board of the Village of Athens must be recorded,
together with the adopting resolution, with the 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. Land divisions
shall not be recognized by the Village until recorded with the Register
of Deeds. The volume, page, and document numbers of the recording
shall be filed with the Village Clerk prior to issuance of any permits.[5]
A.
Determination of unsuitability. No land shall be subdivided for residential,
commercial or industrial use which is held unsuitable for such use
by the Plan Commission, upon the recommendation of the Village Engineer
or any other agency or consulting professional designated by the Village,
for reason of flooding, inadequate drainage, adverse soil or rock
formation, unfavorable topography or any other feature likely to be
harmful to the health, safety, or welfare of the future residents
of the proposed subdivision or of the community. The Plan Commission,
in applying the provisions of this section, shall in writing recite
the particular facts upon which it bases its conclusion that the land
is not suitable for residential use and afford the subdivider an opportunity
to present evidence regarding such unsuitability if he so desires.
Thereafter the Village Engineer or any other agency or consulting
professional designated by the Village Board, upon the recommendation
of the Plan Commission, may affirm, modify, or withdraw its determination
of unsuitability.
B.
Existing flora. The subdivider shall make every effort to protect
and retain all existing trees, shrubbery, vines, and grasses not actually
lying in public roadways, drainageways, building foundation sites,
private driveways, soil absorption waste disposal areas, paths, and
trails. Such trees are to be protected and preserved during construction
in accordance with sound conservation practices, possibly including
the preservation of trees by well islands or retaining walls whenever
abutting grades are altered, pursuant to a landscaping plan filed
by the subdivider.
C.
Miscellaneous provisions. Village officials shall also consider,
but not be limited to, the following items in determining land suitability:
(1)
Floodlands. No lot served by public sanitary sewer facilities shall
have less than 50% of its required lot area below an elevation at
least two feet above the elevation of the one-hundred-year recurrence
interval flood or, where such data is not available, five feet above
the maximum flood of record. No lot one acre or less in area served
by an on-site sanitary sewage disposal (septic tank) system shall
include floodlands. All lots more than one acre in area served by
a septic tank system shall contain not less than 40,000 square feet
of land which is above flood protection elevation at least two feet
above the elevation of the one-hundred-year recurrence interval flood
or, where such data is not available, five feet above the maximum
flood of record.
Before filing a preliminary plat or certified survey map (minor
land division), the subdivider is encouraged to consult with the Plan
Commission and Village staff for advice regarding general subdivision
requirements. Information on meeting dates, agenda deadlines and filing
requirements may be obtained from the Village Clerk. The subdivider
shall also submit a location map showing the relationship of the proposed
subdivision to traffic arteries and existing community facilities.
This consultation is neither formal nor mandatory but is intended
to inform the subdivider of the purpose and objectives of these regulations,
the Comprehensive Plan, Comprehensive Plan components and duly adopted
plan implementation devices of the Village and to otherwise assist
the subdivider in planning his/her development. In so doing, both
the subdivider and planning agency may reach mutual conclusions regarding
the general program and objectives of the proposed development and
its possible effects on the neighborhood and community. The subdivider
will gain a better understanding of the subsequent required procedures.
In planning and developing a subdivision or minor subdivision,
the subdivider or agent shall, in every case, pursue the following
course:
A.
Site assessment and concept plan procedure.
(1)
Before filing an application for approval of a preliminary plat or
certified survey map, the subdivider shall consult with the Village's
staff and shall prepare the following:
(c)
Written requests for any water main and sanitary sewer extensions
necessary to serve the proposed plat.
(d)
A signed statement listing development projects for which the applicant
has received Village approval in the last five years and indicating
any outstanding performance or financial obligations on such projects
which derive from application of Village land use regulations. If
this statement is found to contain information which is contrary to
fact or to omit the listing of such projects or obligations or to
describe obligations on which performance or payment is delinquent,
the application may be dismissed without prejudice until the application
is corrected and/or the delinquency is cured.
(2)
On completion of the above documents [Subsection A(1)(a) to (d)], a preapplication meeting may be held with the Plan Commission and/or Village staff to assist the subdivider in appraising the objectives of these regulations, the Comprehensive Plan, the Official Map and any pertinent ordinances and to reach conclusions regarding the objectives and general program for the development.
(3)
The subdivider shall revise the submitted documents per the direction
of the Plan Commission. Ten copies of said revised documents shall
be submitted to the Village Clerk, who shall distribute the copies
for review and comment by the Plan Commission.
B.
Site assessment checklist. A site assessment checklist shall be prepared
by the subdivider for review and approval by the Plan Commission.[1]
(1)
Purpose. The purpose of this site assessment checklist is to provide
the basis for an orderly, systematic review of the effects of all
new subdivisions upon the community environment in accordance with
the principles and procedures of § 236.45(1), Wis. Stats.
The Plan Commission will use these procedures in determining land
suitability. The goals of the community in requiring this checklist
are to eliminate or reduce pollution and siltation to an acceptable
standard, assume ample living space per capita, preserve open space
and parks for recreation, provide adequately for stormwater control,
maintain scenic beauty and aesthetic surroundings, administer to the
economic and cultural needs of the citizens and provide for the effective
and efficient flow of goods and services.
(2)
Coverage. The site assessment checklist requirement shall apply to
all land divisions, including minor subdivisions.
[1]
Editor's Note: The site assessment checklist form is included as an attachment to this chapter.
C.
Site assessment report.
(1)
Determination of need for site assessment report. The site assessment checklist, concept plan, utility extension request and financial obligation report required in Subsection A above shall be reviewed by the Plan Commission upon receipt of reports from the applicant. The Plan Commission may, at that time, for reasons stated in a written resolution setting forth specific questions on which it requires research, data and input from the developer and other affected persons, decide that the site assessment checklist raises unusually significant questions on the effects on the environment and/or that an unusually high level of citizen interest has resulted from questions raised in the site assessment checklist and that review by other Village committees and commissions is required. The listing of questions can include items which this chapter already enables the Plan Commission to obtain or it may include additional information which is relevant to the questions specified in the resolution. The resolution may also request data on the specific impact questions from other governmental agencies or from the developer or applicant. The resolution shall set a reasonable date for the return of the requested data and information, and it may specify the format in which the data is to be presented.
(2)
Optional hearing on site assessment report. Following the return to the Plan Commission of the data required in the resolution adopted under Subsection C(1) above, the Plan Commission shall make such report available for scrutiny by the applicant or petitioner, by Village departments, commissions and committees and by other interested persons or agencies. The Plan Commission may schedule and hold a public hearing on the findings of the report. The hearing shall be preceded by a Class 1 notice under Ch. 985, Wis. Stats. Persons attending such hearing shall be afforded an opportunity to comment on the report.
(3)
Review of site assessment report. The Plan Commission shall review the site assessment report with supporting data, department and committee reviews and any other data required for determining the suitability of the land for the proposed development. Within 45 days after submission to the Plan Commission of the final expanded site assessment report, the Plan Commission shall decide whether said land is suitable for development and proceed as required by Subsection D below.
D.
Concept plan requirements. A concept plan shall be prepared by the
subdivider for review and approval by the Plan Commission.
(1)
Purpose. The purpose of this concept plan is to depict the general
intent of the subdivider in terms of general layout of the land division
and its relationship to nearby properties, utilities and other public
facilities. In conjunction with the site assessment checklist, the
concept plan provides an opportunity to review the general intent
and impact of the proposed land division without the need for detailed
engineering, surveying and other time-consuming and costly processes
associated with the preliminary plat.
(2)
Coverage. The concept plan requirement shall apply to all land divisions,
including minor subdivisions. The Plan Commission may waive the requirement
for the filing of a concept plan for minor subdivisions of less than
five acres total area.
(3)
Concept plan submission requirements. The concept plan shall be submitted
at a scale of not more than 200 feet to one inch and shall show all
lands under the control of the applicant which are contiguous or separated
only by existing public roads or railroad rights-of-way. The concept
plan shall show the following information:
(a)
Name of the proposed subdivision.
(b)
Name, address and telephone number of the owner, subdivider,
engineer, land surveyor and land planner.
(c)
Date, graphic scale and North point.
(d)
Location of the proposed subdivision by government lot, quarter
section, township, range and county, and a location map showing the
relationship between the plan and its surrounding area.
(e)
The exterior boundaries of the proposed subdivision referenced
to a corner established by the United States Public Land Survey and
the total acreage encompassed thereby.
(f)
The location of existing property lines, buildings, drives,
streams and watercourses, dry runs, lakes, marshes, rock outcrops,
wooded areas, environmental corridors, and other similar significant
features within the parcel being subdivided.
(g)
The location, right-of-way width and names of any adjacent existing
streets, alleys or other public ways, easements, and railroad and
utility rights-of-way within or adjacent to the proposed subdivision.
(h)
The name and width of any adjacent existing street pavements
for streets located outside the Village limits.
(i)
The location and size of any existing sanitary and storm sewers,
culverts, or drainpipes and the location and size of any existing
water and gas mains on or adjacent to the plat and proposed for use
in the development. If sewers and water mains are not present on or
adjacent to the preliminary plat, the distance and the size of those
to be connected to by the development shall be indicated.
(j)
Location and names of adjacent subdivisions, parks and cemeteries.
(k)
Existing land use and zoning included within or adjacent to
the proposed subdivision.
(l)
General location and right-of-way width of all proposed streets.
(m)
General layout and size of all lots.
(n)
General location and approximate area and dimensions of any
sites proposed to be reserved or dedicated for parks, playgrounds,
greenways or other public uses or which are to be used for group housing,
shopping centers, church sites or other nonpublic uses.
(o)
General location and area of stormwater drainage facilities.
(p)
A preliminary listing of dwelling unit counts by single-family,
two-family, three-family, four-family and multifamily types and the
approximate area devoted to nonresidential uses.
(q)
The preliminary development schedule indicating the approximate
timing of the proposed development.
A.
Purpose.
(1)
The Village Board hereby finds that certain issues arise in condominium
developments that require limited applicability of this chapter to
condominium developments. The State Legislature has recognized that
subdivision ordinances may apply to condominiums but that subdivision
ordinances shall not impose burdens upon condominiums that are different
from those imposed on other property of a similar character not subject
to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a condominium development
is the creation of multiple distinct property entities at or near
the ground surface, subject to property taxation as separate parcels,
with each property entity having different ownership and management.
The Village of Athens determines that this factor makes a condominium
development dissimilar, both physically and in ownership, from developments
in which the land and improvements are under unitary ownership, management,
and control.
(3)
Thus, the Village Board hereby finds that new condominium developments
can place impacts on community resources in the same manner as other
new developments which are characterized by division of land into
lots. These impacts include:
B.
Portions of chapter applicable to condominium developments. The following
sections of this chapter shall apply to condominium developments:
(2)
Sections 474-11 and 474-12 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 474-13 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to the following condominiums:
