Jurisdiction of this chapter shall include all lands within the Town proposed for subdivision plats, land divisions and land combinations.
B.
Land division. All land divisions, except subdivision plats, 15 acres or less in size shall be created in compliance with § 236.34, Wis. Stats., and the provisions of this chapter by CSM.
C.
Land division. Land divisions of more than 15 acres in size may be created by subdivision plat, CSM or a recorded deed.
D.
Land combinations. All land combinations shall be created as follows:
Pursuant to § 236.45, Wis. Stats., the provisions of this chapter shall not apply to the following:
A.
Transfers of interests 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 comply with the minimum sizes required by this chapter or other applicable laws or ordinances, and the resulting lots are adequately served with existing public streets and appropriate utilities;
(1)
For the purpose of this section, an additional lot, parcel or land area is deemed to be created if the lot, parcel or land area being sold or created is not combined with that adjoining lot, parcel or land area. This combination shall be done by means of a new metes and bounds legal description, deed restricting the lots, parcels or land areas to each other, or a certified survey map of the new exterior boundary.
A.
Compliance. Any individual, firm, association, syndicate, partnership, guardian, attorney, trust, corporation or other legal entity creating divisions or consolidations of land within the jurisdictional limits of this chapter shall not be entitled to recording unless such division or combination is in compliance with the provisions of this chapter and all other applicable laws.
B.
Certified survey map (CSM). A certified survey map, prepared in accordance with § 236.34, Wis. Stats., the Green Lake County Land Division Ordinance, and this chapter, shall be used when it is proposed to:
C.
Applicability to condominiums. The 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 and reviewed in the same fashion by the Town, including the design requirements provided in Article V. However, the technical requirements for preliminary plats shall not apply since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
D.
Timing of documents related to Town approvals. The Town shall not approve a subdivision plat, condominium plat, or certified survey map unless all required documents have been submitted by the subdivider. The Plan Commission or Town Board may request extensions of time for the review of the documents. If the subdivider fails to submit all required documents and refuses to agree to an extension of the time for review of the subdivision plat, condominium plat, or certified survey map, the Town Board shall deny the subdivision plat, condominium plat or certified survey map.
Required dedications or payments in lieu of dedications:
A.
Streets and roadways. Unless specifically waived by the Town Board, all streets, roads and other public ways that are proposed to be established within the land division and a subdivision plat shall be offered for dedication to the county or Town.
B.
Parks, playgrounds, public access facilities, school sites, drainageways and other public green spaces. The Town Board may require that not more than 10% of the total area of the subdivision plat be offered for dedication to the county, school district, or Town to provide appropriate sites for parks, playgrounds, public access points, school sites, drainageways and other public green spaces that will be needed to serve the needs of residents of the proposed subdivision plat. The Town Board shall specify the unit of government that shall be offered the dedicated lands for such purposes.
A.
Suitability.
(1)
No land shall be subdivided which is held by the Town Board to be unsuitable for use by reason of flooding, poor drainage, soil or rock formations with severe limitations for development, severe erosion potential or unfavorable topography, or any other feature likely to be harmful to health, safety or welfare of future residents or landowners in the proposed subdivision or of the community.
(2)
The Town Board in applying the provisions of this section shall recite the particular facts upon which it bases its conclusion that the land is not suitable for the purposed use. The subdivider shall be afforded the opportunity to present evidence regarding such suitability or a means of overcoming such unsuitability. The Town shall then affirm, modify or withdraw its determination of unsuitability.
B.
Environmental assessment. An environmental assessment report shall be forwarded to the Town along with the preliminary plat and shall generally follow the format as shown in Appendix A. A preliminary determination of land suitability will be evaluated through an initial optional preliminary environmental assessment report filed with the optional concept plan. The preliminary environmental assessment shall contain information readily available to the subdivider. Subsequent determination of land suitability will be evaluated through the mandatory final environmental assessment report filed with the preliminary plat. The following criteria shall serve as guidelines to assist the Plan Commission and Town Board in determining suitability of the land for development:
(1)
Recommendations as to soil suitability contained in the Natural Resources Conservation Service Soil Survey of Green Lake County shall be considered.
(2)
Land with slopes between 12% and 18% will require special design for sewerage systems and for limiting stormwater runoff and erosion.
(3)
Soils with severe erosion hazard potential as determined by the Natural Resources Conservation Service will require special design to limit stormwater runoff and erosion.
(4)
Suitability of land for private sewerage systems shall be determined in accordance with Ch. SPS 383, Wis. Adm. Code.
(5)
Development of shoreland or wetlands shall be governed by Green Lake County Code.
(6)
Lands known to be habitat for endangered species, as determined by the Department of Natural Resources Bureau of Endangered Resources, shall not be developed unless methods satisfactory to the DNR are implemented to protect such species and/or habitat.
(7)
Where areas of archaeological, historical or geological interest exist, the Plan Commission may require the subdivider to consult with the State Historical and/or Geological Society.
C.
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 in the design of the proposed subdivision and during the construction of the improvements related to the development.
D.
Condominiums. The Town hereby finds that condominium development can cause impacts on community resources in the same manner as other new development which is characterized by the division of land into lots. These impacts include: additional population density; additional demands upon parks, schools and community facilities; additional demands for water and sewerage; and additional demands on streets. These regulations therefore are expressly applicable to condominium development within the Town's jurisdiction pursuant to § 703.27(1), Wis. Stats. For purposes of this regulation, 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.
E.
Subdivision created by successive land divisions. When the Town Board determines that it is not practicable to require that a final plat of a subdivision created by successive divisions be filed in accordance with this chapter, the Town Board may order an assessor's plat to be made under § 70.27, Wis. Stats., and may assess the cost thereof to the subdivider or as provided in such section. Regardless of the type of plat filed, any such subdivision shall comply with all provision of this chapter to the extent that they may reasonably apply.
A.
Adequacy of services and facilities. Regardless of the provisions of the Comprehensive Plan and applicable zoning regulations, no land divisions shall be created in an area which cannot reasonably be served by facilities (e.g., roads, sanitary, septic, electricity, etc.).
B.
Costs of improvements. All required improvements shall be made by the subdivider, at the subdivider's sole expense, without reimbursement by the Town except as may be specified in a duly authorized and executed development agreement between the Town and the subdivider.
C.
Maintenance of public improvements. The subdivider shall maintain all required public improvements until responsibility for maintenance of those improvements is accepted by the Town.