A.
Compliance. No person shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, land division,
condominium or a replat as defined herein; no such subdivision, land
division or replat shall be entitled to be recorded. This chapter
supplements, but does not replace or supersede, the Dodge County Land
Use Code, Subdivision provisions of Chapter 7. No street shall be
laid out or improvements made to land without compliance with all
requirements of this chapter, and the following:
(2)
The rules of the Department of Safety and Professional Services contained
in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public
sewer, regulating the size and lot elevation if the land to be subdivided
is not served by a public sewer and provisions for such service have
not been made.
(3)
The rules of the Department of Transportation contained in Ch. Trans
233, Wis. Adm. Code, for subdivisions which abut a state trunk highway
or connecting street.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wis. Adm. Code for Floodplain Management Program, setting water
quality standards, preventing and abating pollution and regulating
septic systems.
(5)
Comprehensive Plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Town Board.
(6)
All applicable Town and county regulations, including zoning, sanitary,
building and official mapping ordinances.
(7)
The Town of Lowell Comprehensive Plan, regional plans or county plans,
or components thereof, and applicable ordinances of any city or village
whose extraterritorial jurisdiction extends into the Town.
(8)
Applicable provisions of the County Zoning Code applicable in the
Town.
(9)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
B.
Jurisdiction. Jurisdiction of these regulations shall include all
lands within the corporate limits of the Town of Lowell. The provisions
of this chapter, as they apply to divisions of tracts of land into
less than five parcels, shall not apply to:
(1)
Transfers of interests in land by will or pursuant to court order;
(2)
Leases for a term not to exceed 10 years, mortgages or easements;
(3)
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 this chapter or
other applicable laws or ordinances.
C.
Certified survey. Any minor land division shall be surveyed and a
certified survey map prepared as provided in § 236.34, Wis.
Stats.
D.
Building permits. The Town of Lowell shall not issue any building
permit relating to any parcel of land forming all or any part of lands
included in a subdivision, land division, replat or certified survey
originally submitted to the Town of Lowell on or after the effective
date of this chapter until the applicant has complied with all of
the provisions and requirements of this chapter.
E.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the Town's jurisdiction, pursuant
to § 703.27(1), Wis. Stats. For purposes of this chapter,
a condominium unit and any associated limited common elements shall
be deemed to be equivalent to a lot or parcel created by the act of
subdivision.
F.
Density. In order to safeguard the Town's production agriculture
assets, new residential lots shall be created at a density no less
than one lot per 25 acres. Upon the creation of such a lot(s), the
remainder parcel shall be deed-restricted to denote its agricultural
use and that additional lots may not be created.
A.
Suitability. No land shall be subdivided for residential, commercial
or industrial use which is held unsuitable for such use by the Town
Board for reason of flooding, inadequate drainage, adverse soil or
rock formation, unfavorable topography or any other feature likely
to be harmful to the health, safety, or welfare of the future residents
of the proposed subdivision or of the community. The Town Board, in
applying the provisions of this section, shall in writing recite the
particular facts upon which it bases its conclusion that the land
is not suitable for residential use and afford the subdivider an opportunity
to present evidence regarding such unsuitability if he so desires.
Thereafter, the Town Board 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.
Additional considerations.
(1)
Areas of archaeological and/or historical interest shall be designated
by the State Historical Society.
(2)
Areas of geological interest shall be designated by the State Geological
and Natural History Survey.
(3)
Suitability of land for private sewerage systems shall be determined
in accordance with Ch. SPS 383, Wis. Adm. Code.
A.
Purpose.
(1)
The Town 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 Town 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 Town 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 250-9 through 250-11, relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 250-15 shall not apply, since condominiums have separate technical standards set forth in Chapter 703, Wis. Stats.;
