No land shall be divided or subdivided by means of a subdivision
plat for a use that is held unsuitable by the Land Use Planning and
Zoning Committee for reason of flooding or potential flooding, soil
limitations, inadequate drainage, incompatible surrounding land use,
or any other condition likely to be harmful to the health, safety
or welfare of the future residents or users of the area, or to the
residents of Green Lake County.
A. Except as provided herein, the Land Use Planning and Zoning Committee
shall determine land suitability at the time the preliminary subdivision
plat, or first required submission, is considered for approval. The
subdivider shall furnish such maps, data and information as may be
necessary to make a determination of land suitability. In addition
to the data required to be submitted with the preliminary plat or
first required submission, the subdivider shall be required to submit
some or all of the following additional information for a development
located in an area where flooding or potential flooding may be a hazard:
(1) Two copies of an aerial photograph and/or two maps prepared by a
registered land surveyor or engineer, which accurately locates the
proposed development with respect to floodplain zoning district limits,
if present, channel or stream fill limits and elevations, and floodproofing
measures taken or proposed to be taken.
(2) Two copies of the typical valley cross section showing the channel
of the stream, the floodplain adjoining each side of the channel,
cross-sectional area to be occupied by the proposed development, and
high water information.
(3) Two copies of a profile showing the slope of the bottom of the channel
or flow lines of the stream.
(4) Such other data as may be required.
B. When a proposed subdivision plat is located in an area where flooding or potential flooding may be a hazard, the County Land Use Planning and Zoning Committee shall transmit to the Wis. DNR one set of the information required in Subsection
A above, and shall request that the Wis. DNR provide technical assistance in determining whether the land is suitable or unsuitable for the use and development proposed or whether certain modifications, limitations, improvements, or other conditions on the development can overcome the land unsuitability.
C. In applying the provisions of this section, the County Land Use Planning
and Zoning Committee shall, in writing, recite the particular facts
upon which it bases its conclusion that the land is unsuitable for
the intended use or development and afford the subdivider an opportunity
to present evidence and the means of overcoming such unsuitability,
if he so desires. Thereafter the County Land Use Planning and Zoning
Committee may affirm, modify or withdraw its determination of unsuitability.
D. Where a proposed subdivision plat is located wholly or partly in
an area where flooding or potential flooding may be a hazard, the
County Land Use Planning and Zoning Committee shall apply the following
standards in addition to all other requirements in the approval of
subdivision plats:
(1) The development shall be in accordance with floodplain management
standards of the Wis. DNR.
(2) Building sites must be filled to a height and area sufficient to provide protection from the regional flood as defined by and according to the standards of Chapter
300, Floodplain Zoning.
(3) Development shall be carried out or assured so as to not have an adverse effect on flood flows or storage capacity of the floodplain as determined in accordance with standards of Chapter
300, Floodplain Zoning.
E. Unless specifically exempt from this requirement elsewhere in this
chapter, all subdivision plat proposals where private water and/or
sewage disposal systems are to be used shall be accompanied by certifications
and reports:
(1) Describing the probable depth, cost and yield of private wells. This
report shall be based on competent scientific investigation and shall
include the sources of all data used in the preparation of the report.
(2) Describing soil conditions existing on the site as applicable to
on-site wastewater disposal. A soil report shall accompany all subdivision
plat proposals.
[Amended 2-16-2021 by Ord. No. 3-2021]
F. The subdivider may, as a part of the pre-application procedures,
request a determination of land suitability, provided that they shall
provide all necessary maps, data and information for such a determination
to be made.
[Added 2-16-2021 by Ord. No. 3-2021]
A. Any plat or certified survey map recorded in the Register of Deeds
office shall be tied by lengths and bearings to the boundary line
of the quarter section, private claim or federal reservation in which
the subdivision lies, and description of the monuments at ends of
the line; and bearing and distance between those monuments. Boundary
bearing references shall be the bearing and distance established by
the County in its County coordinate system, along with the NAD 83(91)
adjustment, unless waived by the County Surveyor. If no bearing has
been established on any of the boundaries of the section being worked
in, a reference to a magnetic, true or other identifiable direction
may be used for reference to the boundary. When re-dividing an existing
certified survey map or subdivision plat which is already connected
to county bearings the re-division shall be shown on the face of the
map.
(1) A retracement or combination certified survey map is not required
to be tied to the County coordinate system.
Those improvements required within a subdivision plat shall
be identified by the local governmental jurisdiction and the Land
Use Planning and Zoning Committee. The subdivider shall install all
improvements required for approval of a subdivision plat prior to
recording said plat. Approval of the final subdivision plat shall
be given only after the work has been completed, or one of the following
has been filed with the appropriate governmental jurisdiction:
A. A duly completed and executed, continuing surety bond in an amount
sufficient to complete the work with surety satisfaction to the appropriate
governmental jurisdiction or the Land Use Planning and Zoning Committee.
B. A certified check, in the amount sufficient to complete the work,
drawn on an approved bank and available to the appropriate governmental
jurisdiction or the Land Use Planning and Zoning Committee. As the
work progresses, the governmental jurisdiction or the Land Use Planning
and Zoning Committee may permit the exchange of said check for another
check of sufficient amount to complete the remaining improvements
agreed upon. If the improvements are not completed within the specified
time, the governmental jurisdiction or the Land Use Planning and Zoning
Committee may use the bond or the check to complete the remaining
specified work.
C. Other collateral satisfactory to the appropriate governmental jurisdiction
or the Land Use Planning and Zoning Committee in an amount sufficient
to complete the work.