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 Chapter 236, Wis. Stats.;
(2)
The rules of the Wisconsin Department of Commerce,
contained in the Ch. COMM 82, Wis. Admin. Code, for subdivisions not
served by public sewer;
(3)
The rules of the Division of Highways, Wisconsin Department
of Transportation, contained in the Wisconsin Administrative 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 Official Map or components thereof:
(a)
Whenever a parcel to be subdivided embraces
any part of a street, highway or greenway designated in the 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 Official Map of the Village 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
or any other appropriate agency having the authority to purchase the
property. The Village or other agency having the authority to purchase
the 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 electric and water rules on file with the Public Service Commission of the state concerning electric and water installations and services. These rules and the Village's sewer use ordinance (Chapter 335, Sewers, of this Code), are incorporated herein by reference and made a part hereof as though fully set forth herein.
B.
Extraterritorial plat approval jurisdiction. Jurisdiction
of these regulations shall include all lands within the corporate
limits of the Village as well as the unincorporated area within the
extraterritorial jurisdiction of the Village; the Village has elected
to approve plats under its extraterritorial plat approval jurisdiction
as provided in the Wisconsin Statutes.
C.
Jurisdiction. Jurisdiction of these regulations shall
include all lands within the corporate limits of the Village as well
as the unincorporated area within 1 1/2 miles of the corporate
limits as provided in §§ 236.10 and 62.23, Wis. Stats.
The provisions of this chapter, as they apply to division 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 the lot is not less than the minimum size required by this chapter
or 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.
E.
Compliance required for issuance of permits. The Village
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.
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 shall be recorded,
together with the adopting resolution, with the County Register of
Deeds within 90 days of the date of the resolution of approval. 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. The subdivider shall file with the
Village Clerk six full-size copies of the signed and registered land
division document, on eleven-inch-by-seventeen-inch size if the original
is larger, and a pdf or jpg digital file.
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 the 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 chapter, 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 so desires.
Thereafter 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.
A.
A preliminary plat, final plat or certified survey
shall not be approved unless the Plan Commission and the Village Board
determine that adequate public facilities will be available to meet
the needs of the proposed land division and that no public funds,
other than those already provided in an adopted capital or operating
budget, are required; the Village Board, at its discretion, may waive
this provision if the Board agrees to use bonding/borrowing for the
project.
B.
The applicant shall furnish any data requested by
the Village Clerk, who shall transmit this information to the appropriate
commission(s), committee(s) and staff for review; the Village Clerk
shall act as coordinator of the reports from staff to the Plan Commission
and Village Board on the adequacy of public facilities.
C.
Where the Plan Commission and the Village Board determine
that one or more public facilities are not adequate for the proposed
development, but that a portion of the area could be served adequately
or that careful phasing of the development could result in all public
facilities being adequate, conditional approval may include only such
portions or may specify phasing of the development.
The environmental assessment checklist is included at the end of this chapter.
A.
The primary goals of landscape improvements on a new
development project shall be to help preserve and restore the scenic
qualities of the existing streetscapes and landscapes, add aesthetic
charm, interest and character and improve the functional use of a
site.
B.
Benefits of landscaping. Landscaping is an integral
element of comprehensive site development. It should complement the
architecture of the building, providing the following desirable benefits:
(1)
Site beautification;
(2)
Visual variety and interest;
(3)
Shading;
(4)
Visual screening;
(5)
Definition of spaces and views;
(6)
Highlighting of architectural features;
(7)
Accentuation of major entrances;
(8)
Regulation of pedestrian traffic;
(9)
Enhancement of property values;
(10)
Noise and dust abatement;
(11)
Wind buffering;
(12)
Oxygen regeneration;
(13)
Groundwater recharge;
(14)
Wildlife habitats, where appropriate.
C.
Need for familiarity with Mazomanie and site conditions.
It is critical for the designers of a new development in the Village
to fully understand:
A.
Purpose.
(1)
The Village Board 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 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 410-12 and 410-13 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 § 410-18 shall not apply, since condominiums have separate technical standards set forth in Chapter 703, Wis. Stats.
C.
Exceptions. This chapter shall not apply to the following
condominiums:
