A. 
Compliance. No person shall divide any land located within the jurisdictional limits of these regulations which results in a land division or a replat as defined herein; no such land division or replat shall be entitled to record; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following:
(1) 
The provisions of Chs. 82 and 236, Wis. Stats.
(2) 
The rules of the Wisconsin Economic Development Corporation, WEDS, contained in the Wisconsin Administrative Code and Register for land divisions not served by public sewer.
(3) 
The rules of the Safety and Professional Services, SPS-383, contained in the Wisconsin Administrative Code and Register for land divisions not served by public sewer.
(4) 
The rules of the Department of Transportation contained in the Wisconsin Administrative Code and Register for subdivisions which abut a state trunk highway or connecting highway.
(5) 
The rules of the Department of Natural Resources, NR1 116, contained in the Wisconsin Administrative Code and Register for the floodplain management program.
(6) 
Comprehensive plans or components of such plans prepared by state, regional, county or municipal agencies duly adopted by the Town Board.
(7) 
All applicable local and county regulations, including zoning, sanitary, building and official mapping ordinances.
(8) 
The Town of New Glarus Land Use Plan and the Amended Town of New Glarus Land Use Plan and subsequent revisions.
(9) 
Applicable provisions of the Green County Code of Ordinances.
(10) 
All applicable rules contained in the Wisconsin Administrative Code not listed in this Subsection A.
(11) 
Must notify drainage district; see Appendix E.[1]
[1]
Editor's Note: Said appendix is on file in the Town offices.
B. 
Jurisdiction. Jurisdiction of these regulations shall include all lands within the corporate limits of the Town of New Glarus. The provisions of this chapter, as they apply to minor subdivisions, shall not apply to:
(1) 
Transfers of interest 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 buildable lots are not thereby created and meet other applicable laws or ordinances. A public hearing is not required for a neighbor exchange.
C. 
Minor subdivisions. Any minor subdivision 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. 
Building permits. The Town of New Glarus shall not issue any building permit relating to any parcel of land forming all or any part of lands included in a major subdivision, minor subdivision, metes and bounds legal description or replat originally submitted to the Town of New Glarus on or after the effective date of this chapter until the applicant has complied with all of the provisions and requirements of this chapter.
[Amended 12-9-2020]
A. 
Suitability.
(1) 
No land division shall be allowed for residential, commercial, municipal, or industrial use which is held unsuitable for such use by the Town Board for reason of flooding, inadequate drainage, unsuitable soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety, or welfare of future residents 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, commercial, municipal or industrial use and afford the land divider an opportunity to present evidence regarding such unsuitability if the land divider so desires. Thereafter, the Town Board may affirm, modify or withdraw its determination of unsuitability.
[Amended 4-12-2023 by Ord. No. 2023-02]
(2) 
Except as provided herein, the Town Board shall preferably determine land suitability at the time of the preliminary consultation, following review and recommendation by the Technical Review (Feasibility) Committee. A written report by the Technical Review Committee Chair (or designee) shall be submitted to the Town Plan Commission. The report shall include recommendations on how the proposed land division complies with § 110-7; how the lands are eligible for subdivision as proposed by the applicant; how the subdivision will be in conformance with the current Town Land Use Plan; and how the general program and objectives of the development may impact the neighborhood and community.
(a) 
Aerial photographs or maps prepared by a registered land surveyor or engineer which accurately locate the proposed development with respect to floodplain zoning limits, if present; channel or stream fill limits and elevations; and floodproofing measures taken or proposed to be taken.
(b) 
Typical valley cross sections showing channels or streams, floodplains adjoining each side of the channel or stream, cross-sectional areas to be occupied by the proposed development and high-water information.
(c) 
A profile showing the slope of the bottom of the channel or the flow line of streams within the property being developed.
(d) 
A scaled, topographic relief map of the proposed development depicting areas with slopes greater than 20%, the location of anticipated lots, and proposed right-of-way or access points of all lots.
(e) 
Maps which accurately locate the proposed development with respect to of wetlands, areas with hydric soils, and environmental corridors.
(f) 
Locations, sizes and anticipated provisions for access and maintenance of stormwater management practices that may be required as part of the development.
(g) 
Such other data as may be requested or required.
(3) 
When a proposed land division is located in an area where flooding or potential flooding may be a hazard, the Town Board may transmit to the Department of Natural Resources information provided by the land divider and may request that the Department provide technical assistance in determining whether the land is suitable or unsuitable for the use proposed.
(4) 
Where a proposed land division is located wholly or partly in an area where flooding or potential flooding may be a hazard, the applicable county ordinances shall apply.
B. 
Existing flora. The land divider shall make every reasonable 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.
C. 
Availability of lands for development.
(1) 
Subject to Subsection C(2) below, at the time of preliminary consultation the developer shall provide evidence that all lands within the development are available for development and have not been part of a prior land division.
(2) 
The developer shall show title and deed evidence that all lands proposed for development have retained their availability for "splits" or further land division.
D. 
Provisions for access.
(1) 
At the time of preliminary consultation, the developer shall provide plans that demonstrate how each lot within the development will access the public roadway. This includes likely locations for driveways on each lot, locations for joint driveways and easements, and a narrative description of how the access provided meets the requirements of this chapter and Chapter 36 (Driveways).
E. 
Additional considerations.
(1) 
The land divider shall make every effort to preserve and protect:
(a) 
Areas of archaeological and/or historical interest, including but not limited to those areas designated by the State Historical Society. See Appendix A.[1]
[1]
Editor's Note: Said appendix is on file in the Town offices.
(b) 
Areas of geological interest, including but not limited to those areas designated by the State Geological and Natural History Survey. See Appendix B[2]
[2]
Editor's Note: Said appendix is on file in the Town offices.
(2) 
In addition, the suitability of land for private sewage systems shall be determined in accordance with the appropriate provisions of the Wisconsin Statutes and Wisconsin Administrative Code and Register.
F. 
Role of the Technical Review (Feasibility) Committee.
(1) 
The Technical Review (Feasibility) Committee shall provide initial review of all items within this section and any other such items as requested by the Plan Commission or Town Board.
(2) 
A summary or report of land suitability and other items requested for review by the Technical Review (Feasibility) Committee shall be prepared by the Committee Chair or Town Engineer and presented to the Plan Commission for consideration or action during review of the development.
The following criteria shall be applied by the Plan Commission and Town Board when reviewing land divisions. Nothing in this chapter shall prevent the Town Board from developing and applying such additional guidelines and review criteria that the Town Board, in its sole discretion, determines appropriate.
A. 
Land divisions should be consistent with the goals, objectives and development standards set forth in the Town of New Glarus Land Use Plan and the Amended Town of New Glarus Land Use Plan and subsequent revisions.
B. 
Land divisions should be compatible with the character, size, and quality of development on nearby and adjoining properties.
C. 
Land divisions should be planned and designed to maintain the rural character of the Town of New Glarus.
D. 
Land divisions should be planned and designed to protect environmentally sensitive sites.
E. 
Land divisions should be planned and designed to minimize the disruption of groves of existing mature vegetation, particularly native canopy trees.
F. 
Land divisions should be planned and designed to be sensitive to historic and archaeological sites on both the parcel being divided and on adjoining and nearby properties.
G. 
Land divisions should be planned and designed to minimize the disruption of its vistas.
[Amended 12-9-2020]
H. 
The preferred locations for building envelopes are woodland fringes, at the edges of open fields and within new tree plantations where the aesthetic and visual impact of new structures will be minimized.
I. 
Building envelopes shall be located in such a manner as to make such structures as inconspicuous as possible. Such building envelopes shall be located to minimize the aesthetic and visual impact of new structures.
[Amended 12-9-2020]
J. 
Building envelopes shall consider setback requirements, if any, including but not limited to public road rights-of-way, recreational trail easements and dedicated recreational trails.
K. 
Where feasible in the judgment of the Town Board and Town Engineer, utility lines serving land divisions shall be placed underground in order to maintain the rural character of the area and preserve views and vistas. Where placement of underground utility lines is not feasible, easements for overhead utilities shall be located within land divisions in such a manner as to minimize their visual impact.
[Amended 4-12-2023 by Ord. No. 2023-02]
No land division for residential, commercial, municipal or industrial purposes shall be approved which would result in, or authorize a use or disturbance of land, including construction of private roads and driveways, on hillsides with a slope of 20% or more, unless the land divider has submitted and the Town Engineer and the Town Board have approved construction plans and specifications, including an erosion control plan. For purposes of this section, 20% means a vertical elevation differential of 10 feet in 50 horizontal feet, the horizontal distance being measured perpendicular to the slope.
A. 
General. The land divider shall pay the Town all fees as hereinafter required and at the times specified before being entitled to recording of a plat or certified survey map.
B. 
Engineering fees. The land divider shall pay a fee equal to the actual cost to the Town for all engineering and technical assistance work incurred by the Town in connection with the Technical Review Committee, preliminary plat, final plat or certified survey map, including inspections required by the Town. The land divider shall pay a fee equal to the actual cost to the Town for such inspection as the Town Board deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Town and any other governmental agency.
C. 
Legal fees. The land divider shall pay a fee equal to the actual cost to the Town for all legal fees and costs incurred by the Town in connection with the preliminary plat, final plat or certified survey map, including conferences, review and preparation of documents, and consultations with the land divider or the Town.
D. 
Administrative fees. The land divider shall pay a fee equal to the cost of any administrative or fiscal work, publication and special meeting costs which may be incurred or undertaken by the Town in connection with the preliminary plat, final plat or certified survey map.
E. 
Preliminary plat, certified survey, metes and bounds and final plat review fees. Fees for Town review of preliminary plats, final plats, replats, special meetings, certified survey maps and metes and bounds descriptions shall be established by resolution of the Town Board.
F. 
Escrow account for Town review. At the time of filing with the Town Clerk a preliminary plat or certified survey map, the land divider shall deposit with the Town Clerk an escrow fund amount as established by the Town Board. As required at the sole discretion of the Town Board, funds may be drawn against such escrow accounts for the payment of engineering, legal, administrative and other costs incurred by the Town in reviewing the proposed land division. Moneys not required for such engineering, legal, administrative and other costs shall be returned to the land divider within 180 days of final acceptance of all improvements required by the Town. If Town costs exceed the initial amount deposited in the escrow account, the Town shall require the land divider to deposit an additional amount in the escrow account. Such additional deposit in the escrow account shall be determined by the Town Board.