A.
Compliance. No person, firm or corporation shall divide any land
located within the jurisdictional limits of this chapter 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
The rules of the Wisconsin Department of Safety and Professional
Services, contained in Ch. SPS 385, Wis. Adm. Code, for subdivisions
not served by public sewer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(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. III)]
(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 Sullivan and county regulations, including
zoning, sanitary, building and official mapping ordinances.
(7)
The Village of Sullivan Master Plan, Smart Growth Plan and Official
Map (if adopted by the Village Board) or components thereof:
(a)
Whenever a parcel to be subdivided embraces any part of a street,
highway or greenway designated in said Master Plan or Official Map,
such part of such proposed public way shall be platted and dedicated
by the subdivider in the location and at a width indicated along with
all other streets in the subdivision.
(b)
Where a proposed school site or other public ground shown on
the Master Plan or Official Map of the Village of Sullivan 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 three
years from the date of approval of the final plat for acquisition
by the Village of Sullivan, 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 three-year period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(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 374, Sewer Utility, of the Village Code, are incorporated herein by reference and made a part hereof as though fully set forth herein.
B.
Extraterritorial plat approval jurisdiction. Jurisdiction of this chapter shall include all lands within the corporate limits of the Village as well as the unincorporated area within the extraterritorial jurisdiction of the Village of Sullivan. The Village has elected to approve plats under its extraterritorial plat approval jurisdiction as provided in Chapter 236 of the Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Jurisdiction. The provisions of this chapter, as they apply to divisions
of tracts of land into less than five parcels, shall not apply to:
(1)
Transfers of 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
Compliance; issuance of permits. The Village of Sullivan 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 Sullivan.
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 Sullivan must be recorded, together with the adopting resolution, with the County Register of Deeds as provided in §§ 478-18D and 478-19E(1) of this chapter. Land divisions shall not be recognized by the Village until recorded with the Register of Deeds. The volume, page, and document numbers of the recording shall be filed with the Village Clerk-Treasurer and Building Inspector prior to issuance of any permits. The subdivider shall file six certified copies of the approved land division with the Village Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
Suitability. 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/she 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 more than 50% of its required lot area below an elevation at
least two feet above the elevation of the 100-year recurrence interval
flood, or where such data is not available, five feet above the maximum
flood of 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.
D.
Application of standards by Plan Commission. The Village 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/she so desires. Thereafter, the Plan Commission may affirm, modify,
or withdraw its determination of unsuitability.
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-Treasurer. 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 this chapter, 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 of five acres or more
(minor subdivisions are excluded from the provisions of this section),
the subdivider or agent shall, in every case, pursue the following
course:
A.
Site assessment and concept plan procedure. Before filing an application
for approval of a preliminary plat map, the subdivider shall consult
with the Village's staff and shall prepare the following:
(3)
Written requests for any water main and sanitary sewer extensions
necessary to serve the proposed plat.
(4)
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.
(5)
On completion of the above documents [Subsection A(1) through (4)], a preapplication meeting may be held with the Plan Commission and/or Village staff to assist the subdivider in appraising the objectives of this chapter, the Master Plan, the Official Map and any pertinent ordinances and to reach conclusions regarding the objectives and general program for the development.
(6)
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-Treasurer, 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)
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, except for minor subdivisions.
(3)
Site assessment checklist for all land divisions and community development
plans. NOTE: All "yes" answers must be explained in detail by attaching
maps and supportive documentation describing the impacts of the proposed
development.
|
Site Assessment Checklist
| |||||
|---|---|---|---|---|---|
|
Item # Item of Information
|
Yes
|
No
| |||
|
I.
|
Land resources. Does the project site involve:
| ||||
|
A.
|
Changes in relief and drainage patterns (attach a topographical
map showing, at a minimum, two foot contour intervals)
|
_____
|
_____
| ||
|
B.
|
A landform or topographical feature including perennial streams
|
_____
|
_____
| ||
|
C.
|
A floodplain (if "yes", attach two copies of the 100-year floodplain
limits and the floodway limits, if officially adopted)
|
_____
|
_____
| ||
|
D.
|
An area of soil instability: greater than 20% slope and/or organic
soils, peats, or mucks at or near the surface as depicted in the applicable
"County Soils Atlas"
|
_____
|
_____
| ||
|
E.
|
An area of bedrock within 6 feet of the soil surface as depicted
in the applicable "County Soils Survey"
|
_____
|
_____
| ||
|
F.
|
An area with groundwater table within 10 feet of the soil surface
as depicted in the applicable "County Soils Survey," based on the
seasonal high-water table per soil classifications
|
_____
|
_____
| ||
|
G.
|
An area with fractured bedrock within 10 feet of the soil surface
as depicted in the applicable "County Soils Atlas"
|
_____
|
_____
| ||
|
H.
|
Gravel extraction operations
|
_____
|
_____
| ||
|
I.
|
A drainageway for 5 or more acres of land
|
_____
|
_____
| ||
|
J.
|
Lot coverage of more than 50% impermeable surfaces
|
_____
|
_____
| ||
|
K.
|
Prime agricultural land as depicted in adopted farm land preservation
plans if so identified in Village planning documents
|
_____
|
_____
| ||
|
L.
|
Wetlands as depicted on wetland inventory maps
|
_____
|
_____
| ||
|
M.
|
Officially Mapped environmental corridors
|
_____
|
_____
| ||
|
II.
|
Water resources. Does the project involve:
| ||||
|
A.
|
Location in an area traversed by a navigable stream or dry run
|
_____
|
_____
| ||
|
B.
|
Impact on the capacity of a stormwater storage system or flow
of a waterway within 1 mile
|
_____
|
_____
| ||
|
C.
|
The use of septic tank for on-site waste disposal (if allowed)
|
_____
|
_____
| ||
|
D.
|
Lowering of water table by pumping or drainage
|
_____
|
_____
| ||
|
E.
|
Raising of water table by altered drainage
|
_____
|
_____
| ||
|
F.
|
Lake or river frontage
|
_____
|
_____
| ||
|
III.
|
Biological resources. Does the project site involve:
| ||||
|
A.
|
Critical habitat for plants and animals of community interest
per DNR inventory
|
_____
|
_____
| ||
|
B.
|
Endangered, unusual or rare species of:
| ||||
|
1.
|
Land animals per DNR inventory
|
_____
|
_____
| ||
|
2.
|
Birds per DNR inventory
|
_____
|
_____
| ||
|
3.
|
Plants per DNR inventory
|
_____
|
_____
| ||
|
C.
|
Removal of over 30% of the present trees on the site
|
_____
|
_____
| ||
|
IV.
|
Human and scientific interest per State Historical Society Inventory.
Does this project site involve:
| ||||
|
A.
|
An area of archeological interest
|
_____
|
_____
| ||
|
B.
|
An area of historical interest
|
_____
|
_____
| ||
|
1.
|
Historic buildings or monuments
|
_____
| |||
|
V.
|
Energy, transportation and communications
| ||||
|
A.
|
Does the development increase traffic flow on any arterial or
collector street by more than 10% based upon the most recent traffic
counts and trip generation rates provided by the Institute of Transportation
Engineers (ITE)
|
_____
|
_____
| ||
|
B.
|
Is the development traversed by an existing or planned utility
corridor (gas, electrical, water, sewer, storm, communications)
|
_____
|
_____
| ||
|
VI.
|
Population
| ||||
|
A.
|
Which public school service areas (elementary, middle and high)
are affected by the proposed development, and what is their current
available capacity?
|
E:_____
Cap:_____
| |||
|
M:_____
Cap:_____
| |||||
|
H:_____
Cap:_____
| |||||
|
VII.
|
Comments on any of the above which may have significant impact:
| ||||
|
VIII.
|
Appendixes and supporting material.
| ||||
|
Developer/applicant __________ Telephone __________
| |||||
|
Address __________
| |||||
|
Attorney __________ Engineer __________
| |||||
|
Date Submitted __________
| |||||
|
Legal description (to be attached)
| |||||
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 the subsection 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 I notice under Chapter 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
in 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 U.S. 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 locations, right-of-way widths 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 names and widths of any adjacent existing street pavements
for streets located outside the Village limits.
(i)
The locations and sizes of any existing sanitary and storm sewers,
culverts, or drain pipes, and the locations and sizes 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 distances and the sizes of those
to be connected to by the development shall be indicated.
(j)
Locations and names of adjacent subdivisions, parks and cemeteries.
(k)
Existing land use and zoning included within or adjacent to
the proposed subdivision.
(l)
General locations and right-of-way widths 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 Sullivan 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 478-14 through 478-16 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 § 478-16 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:
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 which will allocate to each lot,
parcel or unit within the land division or condominium a share of
the total assessment of costs for such 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.
