Parcels shall be combined into one parcel when
a use, structure or structural addition occupies more than one parcel
under the same ownership.
Land described in §
460-9 shall be combined into one parcel by certified survey map procedures and recorded in the County Register of Deeds' office.
When a proposed subdivision or certified survey
map is located in an area having the potential to cause soil erosion
and sedimentation problems or when the construction or extension of
roads or other public facilities is involved, the Plan Commission
may require that the subdivider prepare a detailed erosion and sediment
control plan. The plan shall detail all proposed grading activities,
stockpile locations, vegetative cover, berms, sediment basins, and
other storm drainage and erosion control measures to reduce erosion
and sedimentation caused by surface water runoff. The plan shall also
include a schedule and maintenance considerations.
No person shall build upon, divide, convey,
record or monument any land in violation of this chapter or the Wisconsin
Statutes. No permit shall be issued authorizing the building on or
improvement of any subdivision, replat or certified survey map within
the jurisdiction of this chapter and not of record as of January 1,
2009, until the provisions and requirements of this chapter have been
fully met. The Town may institute appropriate action or proceedings
to enjoin violations of this chapter or the applicable Wisconsin Statutes.
Any person, partnership, corporation or other
legal entity that fails to comply with the provisions of this chapter
shall, upon conviction, forfeit not less than $200, plus any additional
applicable costs incurred by the Town for each offense. Each day a
violation exists or continues shall constitute a separate offense.
Violations and concomitant penalties are not limited to, but may include
the following:
A. Recordation improperly made shall be subject to the
provisions of § 236.30, Wis. Stats.
B. Conveyance of parcels in unrecorded plats shall be
subject to the provisions of § 236.31, Wis. Stats.
C. Monuments disturbed or not placed shall be subject
to the provisions of § 236.32, Wis. Stats.
D. An assessor's plat may be ordered by the Town when
a subdivision is created by successive divisions as provided in § 236.31(2),
Wis. Stats.
[Amended 8-17-2010 by Ord. No. 2010-03]
The subdivider shall pay the Town all required
fees at the specified time. Fees shall be established in the Town
of Buchanan Fees and Licenses Schedule from time to time by the Town
Board.
Any person aggrieved by an objection to a plat
or failure to approve a plat may appeal as provided in §§ 236.13(5)
and 62.23(7), Wis. Stats.
[Amended 11-10-2016 by Res. No. 2016-05]
When it is proposed to replat a recorded land
division or part thereof so as to change the exterior boundaries of
a recorded land division or part thereof, the subdivider or person
wishing to replat shall vacate or alter the recorded plat as provided
in Ch. 236, Wis. Stats. The subdivider or person wishing to replat
shall then proceed as specified in this chapter. The Administrator
shall schedule a public hearing before the Town of Buchanan Plan Commission
when a proposed preliminary plat of a replat of lands within the Town
limits is filed and shall cause notices of the proposed replat and
public hearing to be mailed to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 300 feet if located in the Darboy
Sanitary District or 500 feet if outside the sanitary district of
the exterior boundaries of the proposed replat.
When deemed necessary by the Plan Commission
and Town Board, the subdivider shall enter into a development agreement
with the Town of Buchanan. A development agreement will be required
with any or possible public improvements or dedications to the Town
as a result of the land division. The agreement, as approved by the
Town Attorney, sets forth the mutual obligations of the Town and the
subdivider with respect to the actions requested to be taken in connection
with the certified survey map.