[HISTORY: Adopted by the Board of Supervisors
of Price County 6-24-1975 by Ord. No. 1-75. Amendments noted where
applicable.]
This chapter shall not repeal, impair, or modify
private easements or covenants governing the use of lands except that
it shall be applicable to the extent that it imposes stricter regulations.
The County planning agency or its duly authorized
staff, in considering an application for the subdivision of land,
shall be guided by the following considerations and standards.
A.
The County planning agency or its duly authorized
staff shall be responsible for administration of this chapter.
B.
An application to divide land must be made to the
County planning agency through the County Zoning Administrator when
creating a subdivision. A subdivision is defined as follows: any division
of a contiguous lot, parcel or tract of land by the owner or his agent
for the purpose of sale or building development where the act of division
creates one or more parcels or building sites less than 10 acres in
size. Two adjoining parcels of common ownership are considered a contiguous
parcel except where a public road or navigable water divides said
adjoining parcels, for the purpose of this chapter.
[Amended 11-15-1983 by Res. No. 4988]
C.
This chapter shall not apply to divisions exempt from
platting controls under the provisions of §§ 236.03
and 236.45(2), Wis. Stats.[1]
D.
All divisions of land subject to this chapter shall comply with all the requirements of Chapter 236 of the Wisconsin Statutes and all subsequent amendments to Chapter 236. The intent of this chapter is to define subdivision more strictly than Chapter 236 and to make the requirements of Chapter 236 apply to all land divisions covered by the definition of "subdivision" in Subsection B of this section. The only exceptions to the requirements of Chapter 236 are listed in § 525-11 of this chapter.
F.
Land which is deemed unsuitable for any proposed development
by the County planning agency for reason of flooding, inadequate drainage,
adverse soil or rock formation, severe erosion potential, unfavorable
topography, inadequate water supply or sewage disposal capabilities
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 shall not be subdivided. In applying the provisions
of this subsection, the County planning agency shall in writing recite
the particular facts upon which it bases its conclusion that the proposed
development is unsuitable and afford the subdivider an opportunity
to present evidence regarding such suitability if he so desires at
a public hearing as provided in this chapter.
G.
Each newly created parcel under 10 acres in size shall have at least 40 feet of frontage on a highway or on a recorded easement 66 feet wide leading to a public highway or greater frontage if necessary to meet driveway separation requirements of Chapter 530, Zoning. A recorded easement 33 feet wide leading to a public highway shall be sufficient when any newly created parcel is owned by either a municipality or a municipal public utility for the express purpose of serving as a municipal well with a recorded right of reversion to the original contiguous landowner(s) if and when such parcel no longer serves as a functioning municipal well.
H.
Lot size and requirements.
[Amended 6-20-1995 by Res. No. 5615; 4-18-2006 by Res. No.
22-06]
(1)
Size requirements are exclusive of right-of-way.
(3)
(4)
Minimum lot width.
(a)
All lots outside of shoreland areas shall have
a minimum average width of 100 feet.
(b)
Lots abutting navigable water and sanitary district
lots in the shoreland protection district shall have a minimum width
of 150 feet at normal high-water mark and at the building site; this
distance shall be measured as the shortest horizontal distance between
lot lines at the waterline and at the building site.
(c)
All other lots shall have a minimum width of
100 feet at the building site, measured as the shortest horizontal
distance between lot lines at the building site.
[Amended 11-15-1994 by Res. No. 5593; 6-20-1995 by Res. No.
5615]
A.
Preliminary meeting. Before filing a preliminary plat
application the subdivider is required to consult with the County
Zoning Administrator's office for advice regarding general requirements
affecting the proposed development. A sketch plan of the proposed
subdivision drawn on a topographic survey map should be submitted.
This sketch plan should identify the boundaries of the property being
considered for subdivision, any publicly owned lands in the vicinity
of the proposed subdivision, proposed roads and general lot layout,
including proposed dedications, physical features (slopes over 10%),
bodies of water, wetland areas, rock outcrops, existing vegetative
cover, areas subject to periodic floods and general soil conditions,
gas lines, power transmission lines and towers, and railroads. In
addition, the sketch plan should indicate proposed filling, grading,
lagooning, or dredging and a description of any contiguous property
owned or controlled by the subdivider. The subdivider should also
submit a location map showing the relationship of the proposed subdivision
to traffic arteries and existing community facilities.
B.
Preliminary plat application. The subdivider shall
submit to the County planning agency and to those agencies having
authority to object to plats under provisions of Ch. 236, Wis. Stats.,
sufficient legible copies (to be determined at the preliminary meetings)
of a preliminary plat. The preliminary plat shall show clearly the
existing conditions of the proposed subdivision and of the adjoining
sites, including data on covenants, physical features (slopes over
20%), bodies of water, springs, public access availability, wetland
areas, rock outcrops, ravines or cliffs, existing vegetative cover
(i.e., wooded, brush, field, etc.), areas subject to periodic flooding,
including the one-hundred-year floodplain elevational contour, and
soil conditions, available community facilities and utilities, recorded
easements, street locations, and lot widths and depth. The proposed
layout shall be shown on a topographic map at a scale of one inch
equals 100 feet having contours at vertical intervals of not more
than two feet where the slope of the ground surface is less than 10%
and of not more than five feet where the slope of the ground surface
is 10% or more and shall identify the improvements (grading, tree
planting, paving, installation of facilities, and dedications of land)
which the subdivider proposes to make and shall indicate when the
improvements will be provided. In those instances where contour maps
are deemed unnecessary for the purpose of reviewing all or a portion
of the land included in the proposed subdivision, the County planning
agency may waive or modify the contour mapping requirements. Any proposed
restrictive covenants for the land involved shall be stated. The County
planning agency and the town board shall reject or approve conditionally
the preliminary plat within 90 days, as provided by statute.[1]
C.
Final plat. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws and shall be submitted for certification of those agencies having the authority to object to the plat as provided by § 236.10, Wis. Stats., and the Price County Surveyor and/or a contracted surveyor for purpose of a review of survey (see § 525-14). The final plat shall be accompanied by detailed construction plans of all improvements. Final plats shall be presented to the planning agency at least 10 workdays prior to the meeting at which they are to be considered and shall be accepted or rejected by the County planning agency and the town board within 60 days of their submission. Approved final plats shall be recorded in accordance with the statutory requirements, § 236.25, Wis. Stats., prior to the time that lots are offered for sale, reference is made to the map for sale purposes, or use is made of lot and block numbers shown on the plat, except where the preliminary or final plat of subdivision has been filed for approval with the County planning agency. An offer or contract to convey may be made if that offer or contract states on its face that it is contingent upon approval of the final plat and shall be void if the subdivision plat is not approved.
A.
Streets.
(1)
The subdivider shall dedicate land for and improve
streets as provided herein. Streets shall conform to any applicable
official map ordinance in effect in the County. Streets shall be located
with due regard for topographical conditions, natural features, existing
and proposed streets, utilities, land uses, and public convenience
and safety.
(2)
All lots shall have access to a public street.
(3)
Street locations shall be consistent with any applicable
street plan officially adopted by the County. All streets shall conform
to § 236.16(2), Wis. Stats., except that no street and/or
easement right-of-way to be used by motor vehicles shall be less than
66 feet wide. This applies to public or private streets and easements.
(4)
Streets shall be laid out to provide for possible
continuation wherever topographic and other physical conditions permit.
(5)
Minor streets shall be so laid as to discourage their
use by through traffic.
(6)
The number of intersections of minor streets with
major streets shall be reduced to the practical minimum consistent
with the circulation needs and safety requirements.
(7)
Where a subdivision abuts or contains an existing
or proposed County, state or federal highway, the County planning
agency shall require a frontage road, nonaccess reservation along
the rear or front of the property contiguous to such highway or such
other treatment as may be necessary to ensure safe, efficient traffic
flow and adequate protection of residential properties.
(8)
Reserve strips controlling access to streets shall
be prohibited.
(9)
A tangent at least 100 feet long shall be required
between reverse curves on arterial and collector streets.
(10)
Streets shall afford maximum visibility and
safety and shall intersect at right angles, where practicable.
(11)
Dedication of half-width streets shall be prohibited,
except where it is essential for the reasonable development of the
subdivision in conformity with the other requirements of this chapter.
Where a half street has been dedicated adjacent to a subdivision,
the remaining half of the street shall be dedicated by the subdivider
of the adjoining land.
(12)
Dead-end streets or culs-de-sac within a platted
subdivision shall have a minimum right-of-way width of 66 feet and
terminate with a turnaround having an outside right-of-way diameter
of at least 120 feet, and each lot or parcel abutting on a cul-de-sac
shall have a minimum of 40 feet of frontage on the cul-de-sac.
(13)
Where possible, lot lines shall be perpendicular
to the street lines and to the tangent at the lot corner on curved
streets.
(14)
No street names shall be used which will duplicate
or may be confused with the names of existing streets. Street names
shall be subject to the approval of the County planning agency.
(15)
Alleys shall have a minimum right-of-way width
of 30 feet.
B.
Block and lot design and improvements.
(1)
A block is a parcel of land bounded on at least one
side by a street and on the other sides by natural or man-made barriers
or unplatted land. The lengths, widths, and shapes of blocks shall
be determined by:
(2)
Block lengths shall normally not exceed 1,500 feet
or be less than 400 feet in length, except culs-de-sac and permanent
dead-end streets.
(3)
To provide adequate access and circulation to playgrounds,
schools, shopping centers or other community facilities, the County
planning agency may require that walkways be provided either along
streets or through the center of blocks.
(4)
Double frontage lots shall be avoided except where
essential to provide separation of residential development from traffic
arteries or to overcome particular topographic and site disadvantages.
(5)
The County planning agency may require that natural
features, including trees, be preserved and that appropriate landscaping
be provided.
(6)
Sewer and water facilities, street paving and surface
water drainage as required by the County planning agency shall be
provided for each lot in accordance with specifications approved by
the County Highway Engineer or Commissioner and the County Zoning
Administrator.
Proposed cluster and planned unit development
shall include a minimum of five acres of land and shall be developed
as a unit for residential uses only. The permitted number of lots
in such developments shall be determined by dividing the total area
of the development, excluding streets, by the minimum permitted lot
size of the zoning district in which it is located, provided that
the minimum lot sizes and sanitary facilities are consistent with
applicable rules, regulations and law as set forth in the Wisconsin
Administrative Code. The minimum distance between principal structures
shall be 20 feet. Land not used for lots and streets shall be dedicated
in perpetuity to remain in open space. This may be accomplished by
conveyance in common to each of the owners of lots in the development
or by dedication to the County or town or municipality. Lands dedicated
to the public must be accepted by action of the governing bodies of
the accepting units of government. If land is to be conveyed to owners
of lots in the development, a homeowners' association or similar legally
constituted body shall be created to maintain the open space land.
[Added 6-20-2006 by Res. No. 35-06]
A.
Purpose.
(1)
The Price County Board of Supervisors hereby finds
that certain issues arise in condominium developments that require
limited applicability of this chapter to condominium developments.
The State Legislature has, pursuant to § 703.27(1), Wis.
Stats., recognized that subdivision ordinances may apply to condominiums,
but the application of subdivision ordinances to condominiums shall
be reasonably related to the nature of condominium ownership.
(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 Price County Board of Supervisors hereby 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 Price County Board of Supervisors hereby
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.
Applicability. This chapter is expressly applicable
to condominium developments within the County's jurisdiction, pursuant
to § 703.27(1), Wis. Stats. For the 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.
C.
Portions of chapter applicable to condominium development.
D.
Exceptions. This section shall not apply to the following
condominiums:
No land use permit shall be issued for construction
of any lot until the land division application has been approved and/or
the final plat for the subdivision has been duly recorded or a certified
survey map recorded.
The County planning agency shall require that
recorded easements or drainageways of widths sufficient to accommodate
stormwater runoff be provided where a subdivision includes a segment
or segments of watercourses, drainageways, channels or streams.
The County planning agency may require that
suitable sites be dedicated or reserved for future public uses such
as parks, playgrounds, and open spaces. In locating such sites consideration
shall be given to preserving scenic and historic sites, stands of
fine trees, marshes, and shorelines. Reservation of land for public
acquisition shall be for a period not to exceed three years.
The County planning agency may grant modifications
from the provisions of this chapter after publishing a Class 2 notice
and holding a public hearing.
[Amended 6-20-1995 by Res. No. 5615]
A.
If a subdivision creates five or more parcels of 1 1/2
acres or less each within a five-year period, there are no exceptions.
B.
If a subdivision creates five or more parcels of less
than 10 acres but more than 1 1/2 acres each within a five year
period, the following exceptions apply:
(1)
The preliminary plat and final plat do not have to
be submitted to state agencies, as otherwise required by this chapter.
They will only be submitted to the County planning agency and the
town board.
C.
If a subdivision creates four or fewer parcels under 10 acres each in a five-year period and lies either wholly or partially within a shoreland protection or floodplain zoning district, it is granted the exceptions listed in Subsection B above and additional exceptions as follows:
(1)
Final plats do not have to be recorded in accordance
with § 236.25, Wis. Stats., as otherwise required by this
chapter. They need only be recorded in accordance with § 236.34,
Wis. Stats. (governing certified survey maps, also known as "CSMs").
(2)
The preliminary and final plats do not have to be
submitted to the town board. They will only be submitted to the County
planning agency.
(3)
Streets do not have to be improved.
D.
If a subdivision creates four or fewer parcels under five acres each within a five-year period and lies wholly outside a shoreland protection or floodplain zoning district, it is granted the exceptions listed in Subsections B and C above and the additional exception that no preliminary or final plat is required.
F.
These requirements shall not pertain to maps or lots
on file with the County Surveyor or those recorded in the Register
of Deeds office, Price County, Wisconsin, as of the effective date
of this section.
[Amended 11-15-1994 by Res. No. 5593]
A.
Any group, agency or individual applying to the Circuit
Court to vacate a subdivision plat, roadway, or portion thereof shall
send notice of such intent to the Price County zoning agency in addition
to the notification proceedings established in § 236.41,
Wis. Stats. The Price County zoning agency may submit comments on
the vacating request to the Circuit Court ruling upon such request.
B.
The petitioners requesting the vacating of a plat
or road shall provide a legal description of the perimeter of the
plat, all lots that were previously sold from such plat, and all roads
being vacated; this may require that a survey be performed to delineate
boundaries, bearings and distances. The purpose for this is to avoid
leaving parcels without property descriptions and to identify perimeters
between properties to the County Zoning Office and the tax lister/mapper
office in the Register of Deeds.
When applying to divide land, the applicant
shall pay to Price County, through the Zoning Administrator, as a
fee for checking the land division, a sum as identified on the fee
schedule established and modified periodically by the Price County
Board of Supervisors.
All subdivision plats and certified survey maps
shall be submitted to the Price County Surveyor and/or a contracted
surveyor prior to approval by the zoning agency for a review of survey.
Fees are subject to the fee schedule as established by the Price County
Board of Supervisors.
A.
Enforcement.
(1)
The County planning agency, through the County Zoning
Administrator and his staff, shall enforce this chapter, investigate
complaints and violations, give notice of violations to the landowner
and report any violations not corrected within 30 days to the District
Attorney.
(2)
The County planning agency, Zoning Administrator,
District Attorney and their deputies shall have access to premises
and structures during reasonable hours to make those inspections as
deemed necessary by them to ensure compliance with this chapter.
B.
Violations.
(1)
It shall be unlawful to construct, develop or use
any structure or to develop or use any land, water, or air in violation
of any of the provisions of this chapter. The Zoning Administrator
is authorized to refuse to issue a building permit for construction
of any land divided contrary to this chapter.
(2)
In case of any violation, the County planning agency,
the Zoning Administrator, District Attorney or any owner of real estate
within the district affected who would be specifically damaged by
such violation may institute appropriate action or proceeding to enjoin
a violation of this chapter. In addition, any person, firm or corporation
who or which fails to comply with the provisions of these regulations
shall, upon conviction thereof, be subject to penalties and forfeitures
as provided in this chapter and §§ 236.30, 236.31,
236.32, 236.335 and 236.35, Wis. Stats.
C.
Penalties. Any person, firm or corporation who or which violates any provision of this chapter, including those provisions of the Wisconsin Statutes, Wisconsin Administrative Code and other materials which are incorporated by reference, shall, upon conviction thereof, forfeit an amount as provided in Chapter 290 of the County Code and the costs of prosecution and, upon failure to pay the forfeiture and costs of prosecution, shall be imprisoned in the County Jail, but not exceeding 90 days for each violation. The court may allow up to 60 days for payment of the forfeiture and costs of prosecution. Each day a violation exists or continues may constitute a separate offense.[1]
[Amended 11-15-1994 by Res. No. 5593]
Those provisions of this chapter which refer
to provisions of the Wisconsin Statutes or the Wisconsin Administrative
Code shall include all subsequent amendments and additions or deletions
to the Wisconsin Statutes and the Wisconsin Administrative Code.
For the purpose of this chapter certain words
or terms used herein are defined as follows:
A narrow service way providing a secondary public means of
access to abutting properties.
A County zoning committee authorized by § 59.69,
Wis. Stats., or any agency created by the County Board of Supervisors
and authorized by statute to plan land use.
A street or portion thereof with only one vehicular outlet.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A street which serves or is intended to serve primarily as
an access to abutting lots.
Any continuous stream or river and any named lake or pond
or flowage shown on the Detailed Zoning Maps of Price County. In the
event of any conflict, reference shall be made to the United States
Geological Survey quadrangle maps of the affected watercourse or other
body of water whereby continuous streams and named lakes shall be
deemed navigable and intermittent streams and unnamed lakes as nonnavigable.
Includes streets, roads, avenues, lanes or other ways.
Any person, firm, corporation, partnership, or association
who or which shall lay out, for the purpose of sale or building development,
any subdivision or part thereof as defined herein.
