A. 
This chapter applies to all lands in the Town of Buchanan. The Town Board shall be responsible to administer this chapter unless it designates by resolution such other authority.
B. 
No person, unless exempt under this chapter, shall divide or create a division of any land in the Town of Buchanan subject to the requirements of this chapter, and no land division shall be entitled to be recorded in the office of the Register of Deeds for Outagamie County unless the final land division, plat or map, as approved by the Town Board or its designee, is in full compliance and consistent with all of the following:
(1) 
All requirements of this chapter;
(2) 
Ch. 236, Wis. Stats;
(3) 
The Town of Buchanan Comprehensive Plan adopted under § 66.1001, Wis. Stats., or other Town land use plan or any component thereof;
(4) 
The applicable Town of Buchanan and Outagamie County zoning regulations, building code, sanitary code, erosion control regulations, and other land division regulations;
(5) 
State Department of Natural Resources and State Department of Commerce administrative rules on wetlands, shorelands, sewers, septic systems, potable water supply, and pollution abatement;
(6) 
All applicable state and local sanitary codes;
(7) 
All applicable Town of Buchanan ordinances;
(8) 
All State Department of Transportation and Outagamie County Highway Department administrative rules relating to safety of access and the preservation of the public interest and investment in the highway system, if the land owned and controlled by the land divider abuts on a state or county trunk highway or connecting road or street;
(9) 
All applicable extraterritorial, comprehensive and master plans, extraterritorial zoning or plat review ordinances, or official maps adopted pursuant to § 62.23, Wis. Stats., and any other applicable Town, county or extraterritorial authority ordinances and regulations.
C. 
No land shall be divided or any land division occur if any parcel created by the land division is smaller than 10,000 square feet in a conservation subdivision unless previously approved by the Town of Buchanan Plan Commission.
D. 
Any parcel in the Town of Buchanan which shall be divided by a land division, regardless of the parcel size or number of parcels created, which is located wholly or partially within a shoreland zoning district or a floodplain district, shall require, at minimum, a certified survey map to be recorded in the Outagamie County Register of Deeds office with approval by the Town Board or its designee under this chapter prior to recording.
E. 
All visible structures, encroachments, fences, navigable waters, and public streets and public roads shall be shown to scale on any certified survey map from any land division to be recorded.
F. 
Any single-family residential parcel created through a conservation certified survey map shall retain at least 50% of the parcel in preserved open space unless otherwise approved by the Town of Buchanan Plan Commission.
G. 
Any outlots created on a certified survey map shall be accompanied with a statement of purpose, ownership and use of the outlot.
H. 
No person shall construct upon, convey, record or place survey monuments, conduct surveys, layout parcels or outlots, or create plats or maps on any land in the Town of Buchanan in violation of this chapter or the Wisconsin Statutes.
I. 
No person shall request, nor be issued by the Town Board, a driveway or culvert permit, building permit or any other permit or license authorizing any construction, installation or improvement on any land within the Town of Buchanan, except land subject to a land division that was of record as of the effective date of this chapter, until the provisions and requirements of this chapter have been fully met by the land divider. The Town Board may institute the appropriate action or proceedings to enjoin violations of this chapter. There may be additional state and county requirements that apply.
J. 
All land division approvals required by the State Department of Administration, or its successor department, for specific land divisions, including any statutory subdivisions, minor land divisions, or certified surveys, shall be obtained as a condition of approval by the Town Board or its designees.
K. 
All land divisions, plats or certified survey maps, upon receipt of final approval by the Town Board or its designees, shall be recorded in the office of the Register of Deeds by the land divider at the cost of the land divider within six months. Final plat approval shall comply for recording with §§ 236.21 and 236.25, Wis. Stats.
L. 
No persons shall make, record or replat any land division, except as provided under § 70.27(1), Wis. Stats., if it alters acres dedicated to the public without proper court action to vacate or discontinue such plat, map or part thereof.
M. 
No land shall be issued a land division approval if the Buchanan Town Board determines that any proposed land division plat or certified survey map will materially interfere with neighboring agricultural uses or will conflict with other goals, objectives and policies as set forth in the Town Comprehensive Plan.
N. 
No land shall be issued a land division approval for a purpose that poses a significant threat to the quality or quantity of groundwater in the Town of Buchanan.
O. 
No land shall be issued a land division approval if it is held unsuitable by the Town Board for its proposed use for reason of flooding, inadequate drainage, dangerous or hazardous land conditions, adverse soil or rock formation, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal or maintenance capabilities, impairment of wildlife habitat and scenic vistas, improper utilization of prime farm soils, undue costs and inefficiencies in the provision of Town of Buchanan governmental services, or any other feature likely to be harmful to the health, safety or welfare of current or future residents of the Town of Buchanan, or likely to cause a public nuisance in the Town of Buchanan. The Plan Commission may require any proposed land divider to furnish maps, data and other information as may be necessary to determine land suitability.
P. 
No person shall be issued any land division approval by the Town Board until the appropriate application fees have been paid to the Town Administrator.
[Amended 11-10-2016 by Res. No. 2016-05]
Q. 
No person shall be issued any land division approval by the Town of Buchanan who has failed to properly and fully complete and submit to the Town Board the application form developed and provided by the Town of Buchanan.
R. 
No person shall be issued a final land division approval by the Town Board until the land divider makes or installs all public improvements deemed necessary by the Town Board or until the land divider executes a surety bond or other security acceptable to the Town Board to ensure that the land divider will make these public improvements within a time established by the Town Board.
S. 
No person shall be issued a final land division approval by the Town Board until the subdivider submits and obtains approval of the proposed land division plat or proposed certified survey map to the following approving authorities (as applicable):
(1) 
Town of Buchanan Plan Commission.
(2) 
Outagamie County Planning and Zoning Departments.
(3) 
Wisconsin Department of Natural Resources (WDNR).
(4) 
Wisconsin Department of Commerce (WDOC).
(5) 
U.S. Army Corps of Engineers.
(6) 
U.S. Fish and Wildlife Service.
(7) 
East Central Wisconsin Regional Planning Commission (advisory only for concept plan and/or preliminary plat stages of subdivisions).
T. 
No person shall be issued a final land division plat approval by the Town Board until the land divider agrees in writing that the land divider will be responsible for the cost of any necessary alteration of any existing utilities by virtue of a land division within the public right-of-way.
U. 
No person shall be issued a final land division plat approval by the Town Board unless all public improvements to be constructed or installed as required by the Town Board within the land division plat area or certified survey map area meet the requirements established in writing by the Town Board.
V. 
The Town of Buchanan shall not be responsible with respect to any final land division for any public improvements and shall not be responsible to accept any dedicated streets, roads or other public areas and other public improvements until the Town Board, by resolution, accepts or approves such dedicated public improvements with or without conditions.
W. 
No person shall be issued a final land division approval by the Town Board unless any roads proposed to be dedicated to the Town of Buchanan have been specifically approved for dedication by the Town Board. The applicant shall finish all shoulders and road ditches, if any, install all necessary culverts at intersections and, if required by the Town Board, surface ditch inverts to prevent erosion and sedimentation in accordance with plans and standard specifications approved by the Town of Buchanan Plan Commission, and as recommended by the Town of Buchanan Engineering Consultant.
X. 
No person shall be issued a final land division approval by the Town Board unless any natural gas, electrical power, cable and telephone facilities are installed in such manner as to make adequate service available to each parcel or outlot in the proposed land division.
Y. 
No person shall be issued a final land division approval by the Town Board unless formal dedication of parks, open space or sites for other public use have been made if required by the Town Board at no cost to the Town of Buchanan.
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.
A. 
No land shall be developed which is held to be unsuitable for any proposed use if identified as being environmentally sensitive. Areas identified as being environmentally sensitive include, but are not limited to:
(1) 
All areas mapped as floodway by the Federal Emergency Management Agency (FEMA), Wisconsin Department of Natural Resources (WDNR), Wisconsin Department of Commerce (WDOC) or other public or private entity and incorporated into the County Floodplain Ordinance.
(2) 
All areas mapped wetland by the WDNR and depicted on the Wisconsin Wetlands Inventory Maps.
(3) 
All areas within 75 feet of the ordinary high-water mark of navigable streams, as identified on, but not necessarily limited to, the United States Geological Survey 7.5 minute quadrangle maps.
(4) 
All areas having slopes steeper than 12%.
B. 
Areas determined to be environmentally sensitive may be included in a land division if identified as an outlot or other designation that would indicate that the land is not available for development.
C. 
No land division shall be allowed where such division shall increase the nonconformity of a structure, use or parcel, or where a nonconforming structure, use or parcel would be created as a result of the division without a properly reviewed and approved variance.
D. 
All land divisions entailing 10 or more lots and located in areas not served by municipal wastewater treatment systems will be served by clustered wastewater treatment systems approved by the Town, County, WDOC and WDNR.
E. 
All land divisions entailing 20 or more lots and located in areas not served by municipal water systems will be served by a community well approved by the Town, County, WDOC and WDNR. All land divisions entailing 40 or more lots will be served by at least two community wells.
F. 
No parcel two acres or less in area with 1/2 acre (21,780 square feet) or more of the parcel within a floodplain shall include an on-site sanitary sewage disposal system (e.g., septic tank, mound, etc.).
G. 
All parcels two acres or larger in areas served by on-site sanitary sewage disposal shall contain not less than 22,000 square feet of land which is at least two feet above the elevation of the one-hundred-year floodplain or, if such information is not available, five feet above the maximum flood of record.
H. 
Lands made, altered or filled with non-earth materials within the preceding 20 years shall not be divided into building sites served by on-site soil absorption sanitary sewage disposal systems.
I. 
Each parcel shall have a continuous area of at least 3,000 square feet which has ground slopes not exceeding 12%.
J. 
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 unsuitable for residential use and afford the subdivider an opportunity to present evidence in rebuttal to such findings of unsuitability if he/she so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.
A. 
Environmentally sensitive areas shall consist of the following water-related features:
(1) 
Wetlands.
(2) 
Land within 50 feet of wetlands that are larger than two acres in size.
(3) 
Floodways plus 50 feet (but not beyond the floodplain boundary) or 75 feet beyond the ordinary high-water mark, whichever is greater.
(4) 
Land within 100 feet of navigable waters if there is no WDNR-approved flood study.
(5) 
Land within 25 feet of non-navigable waterways shown on the USGS topographic quadrangle maps (7.5-minute series).
(6) 
Steep slopes of 12% or greater that are immediately adjacent to or extend into any of the features listed above.
B. 
Environmentally sensitive areas shall be shown on all preliminary and final plat maps and certified survey maps unless waived by the Plan Commission. Except for amendments approved by the Plan Commission or WDNR, restrictions shall be placed on all plats and certified survey maps regarding development and land-disturbing activities within environmentally sensitive areas. Notes or disclaimers may be included on plats and certified survey maps indicating that the extent of the environmentally sensitive area is subject to change due to the granting of amendments, revisions to the definition of the environmentally sensitive area, or provision of more detailed information, such as flood studies.
C. 
When a proposed subdivision or certified survey map is located wholly or in part in an area where flooding or potential flooding may be a hazard, floodplain lines and, where calculated, floodway lines shall be shown on final plans and maps unless waived by the Plan Commission. Floodplain boundaries as determined by the subdivider shall be reviewed and approved by the WDNR.
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.[1]
[1]
Editor's Note: The Fees and Licenses Schedule is on file in the Town Administrator's office.
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.