A.
This chapter was adopted under the statutory authority
granted pursuant to the village powers of the Town of Buchanan, §§ 60.10(2)(c),
60.22(3), 61.34(1), 236.03, and 236.45, Wis. Stats. This chapter was
adopted by the Town Board after its receipt of a formal recommendation
of this ordinance on November 10, 2008, from the plan commission under
§§ 61.35, 62.23 and 236.45(2), Wis. Stats, which for
the Town of Buchanan is the Town of Buchanan Plan Commission.
B.
This chapter shall be interpreted and enforced by
the Town Board, Town of Buchanan.
The Town Board, by this chapter, adopted on
proper notice with a quorum and roll call vote by a majority of the
Town Board present and voting, provides the authority for the Town
Board to regulate and approve certain land divisions and certified
surveys in the Town of Buchanan. Pursuant to § 236.45(4),
Wis. Stats., a public hearing was held before the adoption of this
chapter, and notice of the hearing was given by publication of a Class
2 notice, under Ch. 985, Wis. Stats.
This chapter shall be known and cited as the
"Land Division and Subdivision Regulations, Town of Buchanan, Outagamie
County, Wisconsin."
The purpose of this chapter is to promote the
public health, safety and general welfare of the Town of Buchanan,
and to:
A.
Preserve the rural character, scenic vistas, and natural
beauty of the Town;
B.
Supplement county, state, and federal land division
controls;
C.
Encourage the most appropriate use of the land throughout
the Town;
D.
Minimize the impact to the public resulting from the
division of large tracts into smaller parcels of land in the Town;
E.
Provide the best possible environment for living in
the Town;
F.
Enforce the goals and policies set forth in any Town
of Buchanan Comprehensive Plan;
G.
Avoid congestion and provide adequate ingress and
egress on the streets and highways to ensure that the design of the
street system will not have a negative long-term effect on neighborhood
quality, traffic flow, and safety in the Town;
H.
Realize goals, objectives, policies, and development
standards set forth in plans, codes, and ordinances adopted by the
Town;
I.
Further the orderly layout and use of land;
J.
Secure safety from fire, panic and other dangers;
K.
Provide adequate light and air; to prevent the overcrowding
of land;
L.
Require conservation subdivision design as the exclusive
means for residential subdivision development within the Transitional
Residential District, as defined and depicted in the Town of Buchanan
Comprehensive Plan;
M.
Require conservation design for all certified survey
maps within the Transitional Residential District, as defined and
depicted in the Town of Buchanan Comprehensive Plan;
N.
Encourage conservation design for all certified survey
maps, subdivisions, and multifamily housing development outside of
the Transitional Residential District, as defined and depicted in
the Town of Buchanan Comprehensive Plan;
O.
Conserve the value of prime agricultural soils;
P.
Protect and preserve natural resources, wildlife habitat,
and open space to the greatest degree possible;
Q.
Facilitate the division of larger parcels into smaller
parcels of land;
R.
Provide for administration and enforcement of this
chapter by the Plan Commission and Town Board; and
S.
Ensure that residential development in the Town occurs
in an orderly manner and is consistent with the Town of Buchanan Comprehensive
Plan.
It is not intended by this chapter to repeal,
abrogate, annul, impair or interfere with any existing easements,
covenants, deed restrictions, agreements, ordinances, rules, regulations
or permits previously adopted or issued pursuant to law. However,
whenever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
and shall be liberally construed in favor of the Town and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes.
A.
When the Plan Commission finds that injustice or hardship
will result from strict compliance with this chapter, it may allow
divergence from the terms hereof to the extent deemed necessary and
proper to grant relief, provided that the variance meets all the following
standards:
(1)
The variance is due to the unique physical features
of the site;
(2)
The variance is the minimum deviation from the terms
of this chapter necessary to mitigate the injustice or hardship; and
(3)
The variance is not detrimental to the public interest
and is in keeping with the general spirit and intent of this chapter.
B.
Application for any variance shall be made in writing
by the subdivider at the time the application is filed for consideration,
stating specifically the circumstances upon which the subdivider is
relying, the variance requested, and how the request meets the standards
set forth above. The request shall be supplemented with maps, plans
and other additional data that may aid the Plan Commission in the
analysis of the request.
C.
The Plan Commission, at its discretion, if it determines
it necessary for the public good, may conduct a public hearing to
permit parties of interest to comment on the variance request.
D.
If a hearing is determined necessary, the applicant
shall be responsible for payment of a hearing fee as established by
the Town of Buchanan Fees and Licenses Schedule.[1] The Plan Commission shall then fix a reasonable time and
place for the hearing. Notice of the time and place of such hearing
shall be given by publication in the Class 1 notice, under Ch. 985,
Wis. Stats. A copy of such notice shall be mailed by first class mail
with an affidavit of mailing at least 10 days prior to the date of
such hearing to all property owners within 300 feet if located within
the Darboy Sanitary District or 500 feet if located outside of the
sanitary district.
[1]
Editor's Note: The Fees and Licenses Schedule is on file in
the Town Administrator's office.
E.
A majority vote of the entire membership of the Plan
Commission shall be required to grant any variance to these regulations,
and any variance thus granted shall be entered in the minutes of the
Plan Commission setting forth the reasons which, in the opinion of
the Plan Commission, justified the variance.
