A.
Compliance. No person shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, land division,
land conveyance, consolidation, or a replat as defined herein; no
such subdivision, land division, land conveyance, consolidation, or
replat shall be entitled to recording; and no street shall be laid
out, nor improvements made to land, nor building permits issued for
any land division without compliance with all requirements of this
chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats., and
applicable Wisconsin Department of Administration plat review procedures
under the Wisconsin Statutes and the Wisconsin Administrative Code.
(2)
The rules of the Wisconsin Department of Safety and Professional
Services contained in Ch. SPS 383, Wis. Adm. Code, for subdivisions
not served by public sewer.
(3)
The rules of the Wisconsin Department of Transportation contained
in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state
trunk highway or connecting street.
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for the Floodplain Management
Program and the Shoreland/Wetlands Management Program.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
(7)
The Village of Grantsburg Comprehensive Plan and Official Map, or
components thereof, if adopted.
(a)
Whenever a parcel to be subdivided embraces any part of a street,
highway or greenway designated in said Comprehensive Plan or Official
Map, such part of such proposed public way shall be platted and dedicated
by the subdivider in the location and at a width indicated along with
all other streets in the land division. The State Comprehensive Planning
Law (§ 66.1001, Wis. Stats.) requires all land divisions
after January 1, 2010, to be consistent with the provisions of the
local Comprehensive Plan.
(b)
Where a proposed school site or other public ground shown on
the Comprehensive Plan or Official Map of the Village of Grantsburg
is located in whole or in part within the proposed subdivision, such
proposed public ground or park shall be dedicated to the public when
dedication is required by this chapter or reserved for a period of
up to five years from the date of approval of the final plat for acquisition
by the Village of Grantsburg, Burnett County, or any other appropriate
agency having the authority to purchase said property. The Village,
or other agency having the authority to purchase said property, and
the subdivider shall enter into an agreement which provides for the
purchase of the lands held in reserve prior to the conclusion of the
five-year period.
(8)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
(9)
The Village's water rules on file with the Public Service Commission
of the State of Wisconsin concerning water installations and services.
These rules are incorporated herein by reference and made a part hereof
as though fully set forth herein.
B.
Jurisdiction; extraterritorial plat approval jurisdiction. Jurisdiction
of these regulations shall include all lands within the corporate
limits of the Village as well as pertinent unincorporated areas within
areas of statutory extraterritorial jurisdiction. (Note: By agreement
with adjacent towns, the Village of Grantsburg exercises extraterritorial
jurisdiction 1/2 mile from its boundaries.) The Village of Grantsburg
has elected to approve plats under its extraterritorial plat approval
jurisdiction as provided in Ch. 236 and § 66.0105, Wis.
Stats. 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)
Sale or exchange of parcels of land between adjoining property owners
or where not more than one additional lot is created and said lot
is not less than the minimum size required by applicable laws or ordinances.
No more than one lot may be created in this fashion within a one-year
period.
C.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
Compliance; issuance of permits. The Village of Grantsburg 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 Grantsburg.
E.
Applicability to condominiums. This chapter is expressly applicable to condominium developments within the Village's jurisdiction, pursuant to § 703.27(1), Wis. Stats. (See § 582-10.) 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.
Plats and certified surveys approved by the Village Board of the Village of Grantsburg must be recorded together with the adopting resolution with the County Register of Deeds as provided in § 582-15H for final plats and § 582-16E for certified survey maps. 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 and Building Inspector prior to issuance of any permits.
A.
Suitability. No land shall be subdivided for residential, commercial
or industrial use which is held unsuitable for such use by the Village
Board, upon recommendation of the Plan Commission, for reason of flooding,
inadequate drainage, adverse soil or rock formation, unfavorable topography
or any other feature likely to be harmful to the health, safety, or
welfare of the future residents of the proposed subdivision or of
the community. The Village Board, in applying the provisions of this
section, shall in writing recite the particular facts upon which it
bases its conclusion that the land is not suitable for the proposed
use and afford the subdivider an opportunity to present evidence regarding
such unsuitability if he so desires. Thereafter the Village Board,
upon 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, especially with a trunk diameter of
six inches or more, shrubbery, vines, and grasses not actually lying
in public roadways, drainageways, building foundation sites, private
driveways, soil absorption waste disposal areas, paths, and trails.
Such trees are to be protected and preserved during construction in
accordance with sound conservation practices, possibly including the
preservation of trees by well islands or retaining walls whenever
abutting grades are altered, pursuant to a landscaping plan filed
by the subdivider.
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, where authorized
by the Village, shall be determined in accordance with Ch. SPS 383,
Wis. Adm. Code.
D.
Poor drainage; floodable conditions; adverse soil or rock foundations.
Where the subdivision or other division of a tract of land contains
a portion of land unsuitable for development because of poor drainage,
floodable conditions, poor soil conditions, adverse rock formation,
unfavorable topography, inadequate water supply or sewage disposal
capabilities, or for any other reason, such areas shall not be divided
into buildable sites, and shall be addressed as follows:
(1)
Poor drainage. Land subject to ponding, poor permeability or poor
drainage or for other causes as determined by the Village Board, upon
the recommendation of the Plan Commission, or its designated agent,
and if said land is not zoned as a conservancy or wetland-floodplain
district on an applicable zoning district map, in which buildings
are prohibited, shall be subject to the following requirements:
(a)
If said land is designated, and accepted by the Village, as
a park, parkway, other open space, or other public use on an official
plan or map of the Village of Grantsburg, the developer/subdivider
may dedicate said land to the Village, but in any case shall reserve
said land for not less than two years for acquisition by the Village
of Grantsburg.
(b)
If said land is not designated as a park, parkway, or other
public use on an official plan or map, then the developer shall cause
said land to be carried in a private easement in the individual deeds
affected thereby, and no permit shall be issued for a building thereon.
(c)
In lieu of the requirements set forth in Subsection D(1)(a) above, the developer/subdivider may, at his expense, prepare a development proposal for the problem area. It shall be submitted for the Plan Commission's recommendation and the Village Board's approval and shall be accompanied by a site plan and adequate engineering data to ensure that the public health, safety and welfare will not be violated if approved, and a surety bond shall be provided to the Village to insure that such work will be done at a specified time, if approved.
(2)
Adverse soil and rock formations.
(a)
Soil suitability rating for a proposed subdivision shall be
determined by the Plan Commission from sources available to it. The
Plan Commission shall determine the minimum lot size required if public
sewer is not available even though the minimum lot size allowed under
the applicable zoning regulations is less than the soil rating might
require. In order to determine the precise location of soil boundaries,
on-site investigation by soil scientists may be necessary, but in
areas where no public sewer is available, this investigation is mandatory
and may be made by a professional surveyor, engineer or soil scientist
at the expense of the applicant and according to the procedures established
by the Wisconsin Department of Health Services and the Wisconsin Department
of Safety and Professional Services.
(b)
Where soil interpretations determine that a tract of land is
unsuitable for development under existing conditions, the developer
may submit a proposal for development indicating how, through site
and engineering design, the soil problems can be overcome. The proposal
shall include a site plan and adequate engineering data before the
proposed development or land division can be recommended for approval
by the Plan Commission. If this plan is approved, the applicant shall
provide an irrevocable letter of credit or cash deposit to the Village
of Grantsburg to insure that such work will be done at a specified
time.
E.
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 more 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 or record.
(2)
Lands having a slope of 20% or more shall be maintained in permanent
open space use. No lot shall have more than 50% of its minimum required
area in slopes of 10% or greater.
F.
Application of standards by Plan Commission. 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 unsuitable for residential use and afford the subdivider an opportunity
to present evidence in rebuttal to such finding of unsuitability if
he so desires. Thereafter the Plan Commission may affirm, modify,
or withdraw its determination of unsuitability.
A.
Purpose.
(1)
The Village Board of the Village of Grantsburg 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 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:
C.
Exceptions. This section shall not apply to the following condominiums:
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', property owners' or condominium association,
subject to the provisions set forth herein. The homeowners', property
owners' or condominium association shall be governed by the following:
A.
Documents to be submitted. The subdivider shall provide the Village
with a description of the homeowners', property owners' or condominium
association, including its bylaws, and all documents and restrictive
covenants governing maintenance requirements and use restrictions
for common areas and facilities. These documents shall be subject
to review as to form by the Village Attorney at the subdivider's expense.
The documents required by this section shall be filed with the Village
at the time of preliminary plat submittal.
B.
Timetable for creation. The association shall be established by the
owner or applicant of the land division/condominium and such association
shall be operating prior to the sale of any lots or units in the subdivision,
land division or condominium.
C.
Mandatory membership. Membership in the association shall be mandatory
and ongoing for all purchasers of lots or units within the subdivision,
land division or condominium and their successors and assigns.
D.
Maintenance responsibilities.
(1)
The association shall be responsible for maintenance of and insurance
for common areas and facilities. Included in such responsibilities
is ongoing maintenance of any stormwater detention/retention system
facilities or shared community private septic system for that subdivision
or condominium, pursuant to a maintenance plan approved by the Village
and incorporated in the development agreement; such requirement is
only inapplicable where the Village has expressly determined to have,
in the alternative, the Village maintain such facilities and areas.
(2)
The members of the association shall share equitably the costs of
maintaining, insuring, and operating common areas and facilities.
The subdivider shall arrange with the Village a method of assessment
of any common areas and facilities; the services of the Village Assessor
or Village Engineer may be utilized in developing such methodology,
at the subdivider's expense.
E.
Plan for natural areas. A land stewardship plan for any common open
space or prairies to be maintained in a natural state shall be included
in the submittal of association documents.
F.
Notice of transfer of common areas. The Village shall receive written
notice of any proposed transfer of common areas or facilities by the
association or the assumption of maintenance of common areas or facilities.
Such notice shall be given by the association to all members of the
association and the Village at least 30 days prior to such transfer.
G.
Failure to maintain. In the event that the association established
to own and maintain common areas and facilities, or any successor
organization thereto, fails to properly maintain all or any portion
of the aforesaid common areas or facilities, the Village may serve
written notice upon such association setting forth the manner in which
the association has failed to maintain the aforesaid common areas
and facilities. Such notice shall set forth the nature of corrections
required and the time within which the corrections shall be made.
Upon failure to comply within the time specified, the association,
or any successor association, shall be considered in violation of
this chapter, in which case the Village shall have the right to enter
the premises and take the needed corrective actions. The costs of
corrective actions by the Village shall be assessed against the properties
that have the right of enjoyment of and/or are served by the common
areas and facilities.
