A.
Compliance. No person, firm or corporation shall divide
any land located within the jurisdictional limits of these regulations
which results in a subdivision, land division, land conveyance, consolidation,
or a replat as defined herein; no such subdivision, land division,
land conveyance, consolidation, or replat shall be entitled to recording;
and no street shall be laid out, nor improvements made to land, nor
building permits issued for any land division without compliance with
all requirements of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis.
Stats.
(4)
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for the Floodplain
Management Program and the Shoreland/Wetlands Management Program.
(5)
Comprehensive plans or components of such plans prepared
by state, regional, county or municipal agencies duly adopted by the
City Council.
(6)
All applicable City of Weyauwega and county regulations,
including zoning, sanitary, building and official mapping ordinances.
(7)
The City of Weyauwega Comprehensive Plan and Official
Map, or components thereof.
(a)
Whenever a parcel to be subdivided embraces
any part of a street, highway or greenway designated in said Comprehensive
Plan or Official Map, such part of such proposed public way shall
be platted and dedicated by the subdivider in the location and at
a width indicated along with all other streets in the subdivision.
(b)
Where a proposed school site or other public
ground shown on the Comprehensive Plan or Official Map of the City
of Weyauwega is located in whole or in part within the proposed subdivision,
such proposed public ground or park shall be dedicated to the public
when dedication is required by this chapter or reserved for a period
of up to five years from the date of approval of the final plat for
acquisition by the City of Weyauwega or any other appropriate agency
having the authority to purchase said property. The City or other
agency having the authority to purchase said property and the subdivider
shall enter into an agreement which provides for the purchase of the
lands held in reserve prior to the conclusion of the five-year period.
(8)
All applicable rules contained in the Wisconsin Administrative
Code not listed in this subsection.
(9)
The City's sewer and water rules on file with the Public Service Commission of the State of Wisconsin concerning sewer and water installations and services. These rules, and the City's Sewer Use Ordinance (Chapter 460, Article IV), are incorporated herein by reference and made a part hereof as though fully set forth herein.
B.
Extraterritorial plat approval jurisdiction. Jurisdiction
of these regulations shall include all lands within the corporate
limits of the City as well as the unincorporated area within the extraterritorial
jurisdiction of the City. The City of Weyauwega has elected to approve
plats under its extraterritorial plat approval jurisdiction as provided
in Ch. 236 and § 66.0105, Wis. Stats.
C.
Jurisdiction. 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)
Sale or exchange of parcels of land between adjoining
property owners or where not more than one additional lot is created
and said lot is not less than the minimum size required by applicable
laws or ordinances. No more than one lot may be created in this fashion
within a one-year period.
D.
Certified survey. Any division of land other than
a subdivision as defined in § 236.02(12), Wis. Stats., shall
be surveyed and a certified survey map prepared as provided in § 236.34,
Wis. Stats., subject to approval of the City Council.
E.
Compliance; issuance of permits. The City of Weyauwega
shall not recognize and no building or other permits shall be issued
by the City authorizing the building on, occupancy, or improvement
of any parcel of land not on record as of the effective date of this
chapter until the provisions and requirements of this chapter have
been fully complied with and a resolution approving the land division
has been adopted by the City Council of the City of Weyauwega.
F.
Applicability to condominiums. This chapter is expressly
applicable to condominium developments within the City's jurisdiction,
pursuant to § 703.27(1), Wis. Stats. For 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.
G.
Recording of plats or certified surveys. Plats and
certified surveys approved by the City Council of the City of Weyauwega
must be recorded, together with the adopting resolution, with the
County Register of Deeds within six months after the date of the last
approval and within 24 months after the first approval. Land divisions
shall not be recognized by the City until recorded with the Register
of Deeds. The volume, page, and document numbers of the recording
shall be filed with the City Administrator and Building Inspector
prior to issuance of any permits. The subdivider shall file six certified
copies of the approved land division with the City Administrator.[3]
A.
Suitability. No land shall be subdivided for residential,
commercial or industrial use which is held unsuitable for such use
by the Plan Commission, upon the recommendation of the City Engineer
or any other agency or consulting professional designated by the City,
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. 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 use and afford the subdivider an opportunity
to present evidence regarding such unsuitability if he/she so desires.
Thereafter the City Engineer or any other agency or consulting professional
designated by the City Council, upon the recommendation of the Plan
Commission, 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.
C.
Other considerations. City officials shall also consider,
but not be limited to, the following items in determining land suitability:
(1)
Floodlands. No lot served by public sanitary sewer
facilities shall have less than 50% of its required lot area below
an 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. No lot one acre or less in
area served by an on-site sanitary sewage disposal (septic tank) system
shall include floodlands. All lots more than one acre in area served
by a septic tank system 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.
Before filing a preliminary plat or certified
survey map (minor subdivision), the subdivider is encouraged to consult
with the Plan Commission and City staff for advice regarding general
subdivision requirements. Information on meeting dates, agenda deadlines
and filing requirements may be obtained from the City Administrator.
The subdivider shall also submit a location map showing the relationship
of the proposed subdivision to traffic arteries and existing community
facilities. This consultation is neither formal nor mandatory but
is intended to inform the subdivider of the purpose and objectives
of these regulations, the Comprehensive Plan, Comprehensive Plan components
and duly adopted plan implementation devices of the City and to otherwise
assist the subdivider in planning his/her development. In so doing,
both the subdivider and planning agency may reach mutual conclusions
regarding the general program and objectives of the proposed development
and its possible effects on the neighborhood and community. The subdivider
will gain a better understanding of the subsequent required procedures.
In planning and developing a subdivision or
minor subdivision, the subdivider or agent shall, in every case, pursue
the following course:
A.
Site assessment and concept plan procedure.
(1)
Before filing an application for approval of a preliminary
plat or certified survey map, the subdivider shall consult with the
City's staff and shall prepare the following:
(c)
Written requests for any water main and sanitary sewer extensions
necessary to serve the proposed plat.
(d)
A signed statement listing development projects for which the applicant
has received City approval in the last five years and indicating any
outstanding performance or financial obligations on such projects
which derive from application of City land use regulations. If this
statement is found to contain information which is contrary to fact
or to omit the listing of such projects or obligations or to describe
obligations on which performance or payment is delinquent, the application
may be dismissed without prejudice until the application is corrected
and/or the delinquency is cured.
(2)
On completion of the above documents [Subsection A(1)(a) to (d)], a preapplication meeting may be held with the Plan Commission and/or City staff to assist the subdivider in appraising the objectives of these regulations, the Comprehensive Plan, the Official Map and any pertinent ordinances and to reach conclusions regarding the objectives and general program for the development.
(3)
The subdivider shall revise the submitted documents
per the direction of the Plan Commission. Ten copies of said revised
documents shall be submitted to City Administrator, who shall distribute
the copies for review and comment by the Plan Commission.
B.
Site assessment checklist.[1] A site assessment checklist shall be prepared by the subdivider
for review and approval by the Plan Commission.
(1)
Purpose. The purpose of this site assessment checklist
is to provide the basis for an orderly, systematic review of the effects
of all new subdivisions upon the community environment in accordance
with the principles and procedures of § 236.45(1), Wis.
Stats. The Plan Commission will use these procedures in determining
land suitability. The goals of the community in requiring this checklist
are to eliminate or reduce pollution and siltation to an acceptable
standard, assume ample living space per capita, preserve open space
and parks for recreation, provide adequately for stormwater control,
maintain scenic beauty and aesthetic surroundings, administer to the
economic and cultural needs of the citizens and provide for the effective
and efficient flow of goods and services.
(2)
Coverage. The site assessment checklist requirement
shall apply to all land divisions, including minor subdivisions.
[1]
Editor's Note: The site assessment checklist is included at the end of this chapter.
C.
Site assessment report.
(1)
Determination of need for site assessment report. The site assessment checklist, concept plan, utility extension request and financial obligation report required in Subsection A above shall be reviewed by the Plan Commission upon receipt of reports from the applicant. The Plan Commission may, at that time, for reasons stated in a written resolution setting forth specific questions on which it requires research, data and input from the developer and other affected persons, decide that the site assessment checklist raises unusually significant questions on the effects on the environment and/or that an unusually high level of citizen interest has resulted from questions raised in the site assessment checklist and that review by other City committees and commissions is required. The listing of questions can include items which this chapter already enables the Plan Commission to obtain or it may include additional information which is relevant to the questions specified in the resolution. The resolution may also request data on the specific impact questions from other governmental agencies or from the developer or applicant. The resolution shall set a reasonable date for the return of the requested data and information and it may specify the format in which the data is to be presented.
(2)
Optional hearing on site assessment report. Following the return to the Plan Commission of the data required in the resolution adopted under Subsection C(1) above, the Plan Commission shall make such report available for scrutiny by the applicant or petitioner, by City departments, commissions and committees and by other interested persons or agencies. The Plan Commission may schedule and hold a public hearing on the findings of the report. The hearing shall be preceded by a Class 1 notice under Ch. 985, Wis. Stats. Persons attending such hearing shall be afforded an opportunity to comment on the report.
(3)
Review of site assessment report. The Plan Commission shall review the site assessment report, with supporting data, department and committee reviews and any other data required for determining the suitability of the land for the proposed development. Within 45 days after submission to the Plan Commission of the final expanded site assessment report, the Plan Commission shall decide whether said land is suitable for development and proceed as required by Subsection D below.
D.
Concept plan requirements. A concept plan shall be
prepared by the subdivider for review and approval by the Plan Commission.
(1)
Purpose. The purpose of this concept plan is to depict
the general intent of the subdivider in terms of general layout of
the land division and its relationship to nearby properties, utilities
and other public facilities. In conjunction with the site assessment
checklist, the concept plan provides an opportunity to review the
general intent and impact of the proposed land division without the
need for detailed engineering, surveying and other time-consuming
and costly processes associated with the preliminary plat.
(2)
Coverage. The concept plan requirement shall apply
to all land divisions, including minor subdivisions. The Plan Commission
may waive the requirement for the filing of a concept plan for minor
subdivisions of less than five acres in total area.
(3)
Concept plan submission requirements. The concept
plan shall be submitted at a scale of not more than 200 feet to one
inch and shall show all lands under the control of the applicant which
are contiguous or separated only by existing public roads or railroad
rights-of-way. The concept plan shall show the following information:
(a)
Name of the proposed subdivision.
(b)
Name, address and telephone number of the owner,
subdivider, engineer, land surveyor and land planner.
(c)
Date, graphic scale and North point.
(d)
Location of the proposed subdivision by government
lot, quarter section, township, range and county, and a location map
showing the relationship between the plan and its surrounding area.
(e)
The exterior boundaries of the proposed subdivision
referenced to a corner established by the United States Public Land
Survey and the total acreage encompassed thereby.
(f)
The location of existing property lines, buildings,
drives, streams and watercourses, dry runs, lakes, marshes, rock outcrops,
wooded areas, environmental corridors, and other similar significant
features within the parcel being subdivided.
(g)
The location, right-of-way width and names of
any adjacent existing streets, alleys or other public ways, easements,
and railroad and utility rights-of-way within or adjacent to the proposed
subdivision.
(h)
The name and width of any adjacent existing
street pavements for streets located outside the City limits.
(i)
The location and size of any existing sanitary
and storm sewers, culverts, or drainpipes and the location and size
of any existing water and gas mains on or adjacent to the plat and
proposed for use in the development. If sewers and water mains are
not present on or adjacent to the preliminary plat, the distance and
the size of those to be connected to by the development shall be indicated.
(j)
Location and names of adjacent subdivisions,
parks and cemeteries.
(k)
Existing land use and zoning included within
or adjacent to the proposed subdivision.
(l)
General location and right-of-way width of all
proposed streets.
(m)
General layout and size of all lots.
(n)
General location and approximate area and dimensions
of any sites proposed to be reserved or dedicated for parks, playgrounds,
greenways or other public uses or which are to be used for group housing,
shopping centers, church sites or other nonpublic uses.
(o)
General location and area of stormwater drainage
facilities.
(p)
A preliminary listing of dwelling unit counts
by single-family, two-family, three-family, four-family and multifamily
types and the approximate area devoted to nonresidential uses.
(q)
The preliminary development schedule indicating
the approximate timing of the proposed development.
A.
Purpose.
(1)
The City Council hereby finds that certain issues
arise in condominium developments that require limited applicability
of this chapter to condominium developments. The State Legislature
has recognized that subdivision ordinances may apply to condominiums
but that subdivision ordinances shall not impose burdens upon condominiums
that are different from those imposed on other property of a similar
character not subject to a declaration of condominium.
(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 City of Weyauwega 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 City Council 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.
Portions of chapter applicable to condominium developments.
The following sections of this chapter shall apply to condominium
developments:
(2)
Sections 520-11 through 520-13 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 520-13 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to the following
condominiums:
