A.
Compliance. No person, firm or corporation shall divide
any land located within the jurisdictional limits of these regulations
which results in a subdivision, minor land division or a replat as
defined herein; no such subdivision, minor land division or replat,
as defined herein, shall be entitled to recording; 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 Ch. 236 and § 82.18, Wis.
Stats.
(2)
The rules of the Wisconsin Department of Commerce
contained in Ch. Comm 83, Wis. Adm. Code, for minor land divisions
and subdivisions not served by public sewer.
(3)
The rules of the Division of Highways, Wisconsin Department
of Transportation contained in Ch. Trans 233, Wis. Adm. 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 Floodplain Management
Program.
(5)
Comprehensive plans or components of such plans prepared
by state, regional, county or municipal agencies duly adopted by the
Town Board.
(6)
All applicable local and county regulations, including
zoning, sanitary, building and official mapping ordinances.
(7)
The Town of Trenton Comprehensive Plan, or components
thereof, and applicable ordinances of any city or village whose extraterritorial
jurisdiction extends into the Town.
B.
Jurisdiction. Jurisdiction of these regulations shall
include all lands within the Town of Trenton. The provisions of this
chapter, as they apply to divisions of tracts of land into fewer 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)
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and
the lots resulting are not reduced below the minimum sizes required
by this chapter or other applicable laws or ordinances.
(4)
Cemetery plats under § 157.07, Wis. Stats.
(5)
Assessors' plats made under § 70.27, Wis.
Stats., but such assessors' plats shall comply with §§ 236.15(1)(a)
through (g) and 236.20(1) and (2)(a) through (c), Wis. Stats.
C.
Building permits. The Town of Trenton shall not issue
any building permit relating to any parcel of land forming all or
any part of lands included in a subdivision, land division, replat
or certified survey map originally submitted to the Town of Trenton
on or after the effective date of this chapter until the applicant
has complied with all of the provisions and requirements of this chapter.
A.
Suitability.
(1)
No land shall be subdivided for residential use which
is held unsuitable for such use by 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.
(2)
In addition:
(a)
No lot one acre or less in area shall include
floodlands. All lots more than one acre in area shall contain not
less than 40,000 square feet of land which is above flood protection
elevation at least two feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, five
feet above the maximum flood of record.
(b)
Lands made, altered or filled with non-earth
materials within the preceding 30 years shall not be divided into
building sites.
(c)
Lands made, altered or filled with earth within
the preceding seven years shall not be divided into building sites
which are to be served by on-site soil absorption sanitary sewage
disposal systems.
(d)
Lots proposed to be served by on-site soil absorption
sanitary sewage disposal systems shall have no less than 20,000 square
feet in slopes of 12% or less.
(e)
Lands having bedrock within five feet of the
natural undisturbed surface shall not be divided into building sites
to be served by on-site soil absorption sewage disposal systems.
(f)
Lands having groundwater within five feet of
the natural undisturbed surface shall not be divided into building
sites to be served by soil absorption sewage disposal systems.
(g)
Lands covered by soils having a percolation
rate slower than 60 minutes per inch or faster than 10 minutes per
inch shall not be divided into building sites to be served by on-site
soil absorption sewage disposal systems.
(h)
The following soil types as shown on the operational
Soil Survey Maps prepared by the United States Department of Agriculture,
Soil Conservation Service for the Southeastern Wisconsin Regional
Planning Commission which have very severe limitations for the use
of on-site soil absorption sanitary sewage disposal systems may be
included in building sites, provided that such building sites contain
not less than 20,000 square feet of other soils rated suitable for
building construction and installation of an on-site soil absorption
sanitary sewage disposal system where public sanitary sewerage facilities
are not available:
|
4
|
36
|
77
|
218
|
370
| |
|
5
|
37
|
109
|
231
|
371
| |
|
5W
|
38
|
174
|
233
|
386
| |
|
7
|
41
|
175
|
234
|
399
| |
|
11
|
42
|
176
|
261
|
450
| |
|
11W
|
45
|
180
|
262
|
451
| |
|
23
|
46
|
181
|
285
|
452
| |
|
26
|
47
|
182
|
286
|
453
| |
|
27
|
48
|
203
|
328
|
454
| |
|
28
|
49
|
206
|
330
|
455
| |
|
29
|
67
|
212
|
340
| ||
|
35
|
76
|
213
|
345
|
(3)
The Town Board, upon the recommendation of 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, commercial, industrial or
institutional use and afford the subdivider an opportunity to present
evidence regarding such unsuitability if he so desires. Thereafter
the Town Board 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.
