This chapter shall be known as the "Pierce County
Subdivision Ordinance," hereinafter referred to as "this chapter."
The provisions of this chapter are adopted by
the Pierce County Board of Supervisors pursuant to the authority granted
by § 236.45, Wis. Stats.
The purpose and intent of this chapter are to
advise and regulate the division of land in Pierce County, Wisconsin,
to promote public health, safety, aesthetics and general welfare,
and to:
A.
Ensure accurate legal descriptions of subdivided land
and adequate records of land titles;
B.
Ensure proper monumenting of subdivided land;
C.
Prevent the overcrowding of land, provide for suitable
building sites, and protect the health, safety, prosperity and welfare
of the future residents of the proposed subdivision and of the community;
D.
Ensure that the design of the street system will contribute
to neighborhood quality, traffic flow and safety;
E.
Provide for adequate light and air; provide for erosion
control and the protection of the natural environment, aesthetics
and historical sites;
F.
Facilitate sound, orderly development of land by encouraging
well-planned and -designed plats with workable design standards;
G.
Secure safety from fire, flooding, and other dangers;
H.
Facilitate adequate provision for transportation,
stormwater drainage, water and sewer, parks and open space, and other
facilities;
I.
Ensure that future development is consistent with
adopted County, municipal and town comprehensive or development plans
or their components, and official maps;
J.
Ensure that future development is consistent with
the Pierce County zoning, floodplain, riverway, and other ordinances,
where applicable.
A.
It is not the intent of this chapter to repeal, abrogate,
annul, impair or interfere with any existing easements, covenants,
agreements or permits previously adopted or issued pursuant to laws.
After enactment, where it imposes greater restrictions, the provisions
of this chapter shall govern.
B.
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 County and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes. After enactment of the ordinance codified in this chapter,
where it imposes greater restrictions than state statutes, the provisions
of this chapter shall govern.
C.
In areas subject to requirements of the Pierce County
Zoning Ordinance,[1] if the zoning lot requirements change, only those lots
which are legally recorded with the Pierce County Register of Deeds
may qualify for grandfathered status. To avoid future zoning changes
that might affect the lots, it is advisable for applicants to record
all approved land divisions as soon as possible.
E.
Nothing in this chapter shall be construed to prohibit
a town, village or city from adopting an ordinance more restrictive
than the limitations contained herein.
This chapter shall become effective on the day
following its enactment by the Pierce County Board of Supervisors.
The provisions of this chapter shall apply to
combining or dividing parcels of land in the unincorporated area of
the county as follows:
A.
The combining of two or more parcels of land shall comply with the requirements of § 237-8, Combining parcels.
B.
The creation of at least one but not more than four buildable sites of 15 acres or less in size within a period of five years by the same or successive owners shall comply with the requirements of Article II, Certified Survey Map Land Divisions, in addition to all other applicable provisions.
[Amended 9-26-2006 by Ord. No. 06-14]
C.
The creation of five or more buildable sites which are 15 acres or less in size either through a single division or successive divisions by either the same or subsequent owner(s) within a period of five years shall comply with the requirements of Article III, Plats, in addition to all other applicable provisions.
[Amended 9-26-2006 by Ord. No. 06-14]
D.
A condominium plat prepared pursuant to § 703.11,
Wis. Stats., and other applicable statutes shall be reviewed by the
county in the same manner as a subdivision plat as set forth in this
chapter and comply with the applicable design standards and required
improvements of this chapter.
E.
The Land Management Committee also has the authority
to require submittal of copies of a preliminary or final plat within
a village or city to determine if the county has any objection to
the plat on the basis of conflict with any park, parkway, expressway,
major highways, airports, drainage channels, schools, or other planned
public developments, pursuant to § 236.12, Wis. Stats.
F.
Exceptions. The provisions of this chapter shall not
apply to divisions of land of less than five parcels which involve:
(1)
Transfers of interest 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 land between owners of adjoining
property, provided additional lots are not created and provided any
new lot configurations meet applicable zoning or other regulations;
(4)
Cemetery plats created under § 157.07, Wis.
Stats.;
(5)
Assessors plats created under § 70.27, Wis.
Stats., but such plats shall comply with § 236.15(1)(a)
to (g) and § 236.20(1) and (2)(a) to (e), unless waived
under § 236.20(2)(l), Wis. Stats.
Any division or combining of land which is applicable under § 237-6, Applicability, shall not be entitled to recording and/or improvements to the land unless such division is in compliance with all the requirements of this chapter. All approved certified survey maps and plats shall be filed for recording with the Register of Deeds of Pierce County prior to transferring ownership of any parcels created by a land division.
A certified survey map shall be required for the combining of two or more parcels into one to four parcels when the resulting parcel(s) is 15 acres or less in size. The certified survey map shall be reviewed according to § 237-10 and comply with the requirements of § 236.34, Wis Stats., and shall be filed for recording with the Register of Deeds of Pierce County. If the combining of lots results in five or more lots of 15 acres or less in size, the plotting procedure of Article III is required.
