Jurisdiction of these regulations shall include all lands and
waters within the corporate limits of the Town of Barton, Wisconsin.
The provisions of this chapter as it applies to divisions of tracts
of land into less than five parcels shall not apply to:
A.
Transfers of interests in land by will or court order. Transfers
of interests in land by will or pursuant to court order.
B.
Leases. Leases for a term not to exceed 10 years, mortgages, or easements.
C.
Sale or exchange of parcels of land between owners of adjoining property. Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, Chapter 500, Zoning, or other applicable laws or ordinances.
D.
Cemetery plats. Cemetery plats made under § 157.07, Wis.
Stats.
E.
Assessors' plats. Assessors' plats made under § 70.27,
Wis. Stats., but such assessors' plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person, firm, or corporation shall divide any land located
within the jurisdictional limits of these regulations so that such
division results in a subdivision, minor land division, condominium
or replat as defined herein; no such subdivision, minor land division,
condominium, or replat shall be laid out or improvements made to land
without compliance with all requirements of this chapter and the following
documents:
A.
Wisconsin Statutes. Chs. 236 and 703 and § 82.18, Wis.
Stats., and any subsequent amendments thereto.
B.
Wisconsin Department of Safety and Professional Services. Rules of
the Wisconsin Department of Safety and Professional Services regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.[1]
C.
Wisconsin Department of Transportation. Rules of the Wisconsin Department
of Transportation, as contained in Ch. Trans 233, Wis. Adm. Code,
relating to safety of access and the preservation of the public interest
and investment in the highway system if the land owned or controlled
by the subdivider and condominium developer (as applicable) abuts
on a state trunk highway or connecting street.
D.
Wisconsin Department of Natural Resources. Rules of the Wisconsin
Department of Natural Resources setting water quality standards for
preventing and abating pollution and for regulating development within
floodland, wetland, and shoreland areas.[2]
E.
Comprehensive Plans. Comprehensive Plans, plans prepared by state,
regional, county, or municipal agencies duly adopted by the Plan Commission,
or components of such plans.
G.
Wisconsin Administrative Code. All applicable rules contained in
the Wisconsin Administrative Code not listed in this section.
H.
United States Army Corps of Engineers and United States Environmental
Protection Agency. Rules of the United States Army Corps of Engineers
and United States Environmental Protection Agency.
I.
Americans with Disabilities Act (ADA) accessibility guidelines. The
requirements of the "Americans with Disabilities Act (ADA) Guidelines
for Buildings and Facilities," as documented in the Federal Register,
Vol. 56, No. 144, July 26, 1991.
J.
Other applicable federal and state laws and regulations. All other
applicable federal and state laws and regulations.
In order that adequate public lands and open space sites may
be properly located and preserved as the Town of Barton develops,
the following provisions are established:
A.
Dedication of lands. Whenever any subdivision or certified survey
map is certified, signed, acknowledged, and recorded as prescribed
in § 236.29, Wis. Stats., or condominium under the provisions
prescribed in Ch. 703, Wis. Stats., every donation of land to the
public intended for the streets, alleys, ways, commons, or other public
uses as designated on said subdivision, certified survey map, or condominium
shall be deemed sufficient conveyance to vest the fee simple title
with the Town of Barton for the public benefit.
B.
Suitability of land for public use. Whenever a certified survey map, subdivision plat, condominium, or multiple-family dwelling development includes a proposed dedication of land to public use and it is found that such land is not required or not suitable for public use, the Plan Commission may either refuse to approve such dedication or require the rearrangement of lots in the proposed certified survey map, subdivision plat, condominium, or multiple-family dwelling development. (Also see § 340-58 of this chapter.)
C.
Size of land for public use. The area of each parcel of land proposed
as a dedication of land for public use shall be of such minimum dimensions,
as determined by the Plan Commission, so as to be functionally usable.
D.
Location. Whenever a certified survey map, subdivision plat, condominium,
or multiple-family dwelling development includes a proposed dedication
of land to public use, said location of the proposed dedication shall
be so located and sited with sensitivity to surrounding development
and existing and planned land uses.
E.
Drainageways, stormwater detention and retention basins and other
public ways or public access to navigable lakes or streams.
(1)
Whenever a tract of land to be subdivided as a subdivision, divided
by a certified survey map, or developed as a condominium includes
lands designated to be owned by the public to include drainageways,
stormwater detention and retention basins, and other public ways or
public access to navigable lakes or streams which have been designated
or graphically delineated on the adopted county development plan and/or
local Comprehensive Plans or adopted plan components or as required
by the State of Wisconsin Department of Natural Resources under § 236.16(3),
Wis. Stats., or required by the Town of Barton, or the appropriate
municipality, said public way shall be made a part of the subdivision
plat, certified survey map, or condominium and dedicated by the subdivider
or condominium developer (as applicable) in the location and dimensions
indicated on said plan or map and as set forth in this chapter.
(2)
Subdivisions or certified survey maps abutting on a navigable lake
or stream shall, according to the provisions of § 236.16(3),
Wis. Stats., provide access at least 60 feet wide to the low-water
mark so that there will be public access, which is connected to existing
public roads, at least at one-half-mile intervals as measured along
the lake or stream shore, except where greater intervals and wider
access are approved, and excluding shore areas where public parks
or open space and streets or roads on either side of a stream are
provided. Such access shall be dedicated to the Town or county.
F.
Parks or playgrounds. Whenever a tract of land to be divided by either certified survey map or subdivision plat or developed as a condominium within the jurisdiction of this chapter encompasses all or any part of a park or playground that has been designated on a duly adopted Town of Barton, Washington County, or regional Comprehensive Plan or Comprehensive Plan component pursuant to § 62.23(3), Wis. Stats., said park or playground shall be made a part of that certified survey map, subdivision plat, or condominium and dedicated or reserved by the subdivider or condominium developer (as applicable) in the locations and dimensions indicated on said plan and based upon a public facilities needs assessment pursuant to the requirements of § 66.0617, Wis. Stats. (Also see § 340-58 of this chapter.)
G.
Substitution of private recreation and open space lands for required
public recreational and open space land reservations or dedications
not permitted. The substitution of private recreation and open space
lands for required public recreational and open space land reservations
or dedications under this chapter shall not be permitted.
A.
Declaration of covenants and deed restrictions required for lands designated as private recreation and open space lands. For lands designated by a subdivision, certified survey map, or condominium to be set aside for private recreation and/or open space use and owned and maintained by a homeowner or condominium association, the subdivider and condominium developer (as applicable) shall file a declaration of covenants and deed restrictions, pursuant to the requirements of §§ 340-34 and 340-38 of this chapter, that will govern said homeowner or condominium association with the preliminary plat or certified survey map.
B.
Minimum required provisions of declaration of covenants and deed
restrictions for private recreation and open space lands. The provisions
of said declaration of covenants and deed restrictions shall incorporate
the requirement that a Wisconsin nonprofit membership corporation
be formed for the purpose of maintaining, improving, policing and
preserving property(ies) in which its members shall have common rights
of usage and enjoyment by virtue of their ownership of lots in the
subdivision, certified survey map, or condominium and shall further
include the following requirements:
(1)
That the corporation be established before any lots, building sites
or units are sold.
(2)
That membership in the corporation be mandatory and automatic upon
the purchase of a lot, building site, or unit.
(3)
The recreation and/or open space restrictions must be perpetual and
not just for a period of years.
(4)
That title to the private recreational areas or facilities be transferred
to the corporation.
(5)
That the corporation be responsible for liability insurance, property
taxes and all maintenance and improvements of recreational and/or
open space areas.
(6)
That the corporation have the powers granted under § 779.70(1)
or 703.15(3), Wis. Stats., as applicable, and, in particular, to levy
assessments upon all properties in the subdivision, certified survey
map, or condominium for the purposes specified therein.
A.
Prior to the final approval and recording of any certified survey
map, subdivision final plat, or condominium requiring improvements
located within the jurisdictional limits of this chapter, and prior
to the installation of any required improvements, the subdivider or
condominium developer (as applicable) shall enter into a contract
("subdivider's agreement") with the Town of Barton agreeing to furnish,
construct, and install the required improvements at the sole cost
of the subdivider or condominium developer (as applicable) and shall
file with said contract a bond, irrevocable letter of credit, or a
certified check in the amount equal to 125% of the Town Engineer's
estimate as to the cost for the construction and installation of the
improvements; such estimate is to be made by the Town Board after
review and recommendation by the Town Engineer. The purpose of the
guarantee is to ensure that such improvements will be completed by
the subdivider or condominium developer (as applicable) or the subdivider's
or condominium developer's subcontractor (as applicable) and serves
as a further guarantee that all obligations to subcontractors for
work on the development are satisfied. Such improvements shall be
completed by the subdivider or condominium developer (as applicable)
or the subdivider's or condominium developer's subcontractors (as
applicable) not later than two years from the date of recording of
the certified survey map, subdivision final plat, or condominium plat.
In addition, the following requirements shall apply:
(1)
Contracts and contract specifications for the construction of street
and utility improvements on dedicated street rights-of-way, as well
as the contractors and subcontractors providing such work, shall be
subject to the inspection of construction by the Town or its agent
and approval of the Town. Unless otherwise authorized by the Town
Engineer, said specifications shall follow those specified in the
Town's "Standards and Specifications for Development."
(2)
The bond, irrevocable letter of credit, or certified check shall
meet the approval of the Town Attorney. The amount of the bond, irrevocable
letter of credit, or certified check shall be as determined by the
Plan Commission based upon the Town Engineer's recommendation.
(3)
Governmental units to which these bond and contract provisions apply
may file, in lieu of said contract and bond, a letter from officers
authorized to act on their behalf agreeing to comply with the provisions
of this section, subject to the approval of the Town Attorney.
B.
Survey monuments. Before final approval of any plat within the Town,
the subdivider or condominium developer (as applicable) shall install
survey monuments placed in accordance with the requirements of § 236.15,
Wis. Stats., and as may be required by the Town Engineer.
No land shall be subdivided for residential use which is determined
to be unsuitable for such use by the Plan Commission 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 either current Town residents or the future
residents of the proposed subdivision, certified survey map, condominium,
or of the Town. In addition:
A.
Lot area and elevation of the one-hundred-year recurrence interval
floodplain. 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 floodplain.
B.
Lots one acre or less in area served by on-site sanitary sewage system.
No lot one acre or less in area served by an on-site sanitary sewage
disposal (septic tank) system shall include floodlands.
C.
Lots more than one acre in area served by an on-site sanitary sewage
system. All lots more than one acre in area served by an on-site sanitary
sewage disposal (septic tank) system shall contain not less than 40,000
square feet of land which is 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.
D.
Lands made, altered, or filled with nonearth materials. Lands made,
altered, or filled with nonearth materials within the preceding 20
years shall not be divided into building sites which are to be served
by on-site soil absorption sanitary sewage disposal systems.
E.
Lands made, altered, or filled with earth. Lands made, altered, or
filled with earth within the preceding seven years shall not be divided
into building sites which are to be served by on-site soil absorption
sanitary sewage disposal systems.
F.
Steep slopes. Each lot shall have a continuous area of at least 3,000
square feet which has ground slopes not exceeding 15%.
G.
Must meet on-site sewage disposal system requirements. Each lot or
dwelling unit shall be capable of meeting the requirements of Chs.
SPS 383 and 385, Wis. Adm. Code, and Chapter 25, titled "Sanitary
Code," of the Washington County Code regarding the construction of
an on-site sewage disposal system. The subdivision plat, certified
survey map, or condominium shall be approved, in conformance with
Chs. SPS 383 and 385, Wis. Adm. Code, Chapter 25, titled "Sanitary
Code," of the Washington County Code, and any other applicable agency
regarding the construction of an on-site sewage disposal system, by
the Washington County Planning and Parks Department Administrator
before any lots or dwelling units are sold. In addition:
(1)
Soils tests shall be taken on each lot prior to the sale of said
lot and must be approved by the Washington County Planning and Parks
Department Administrator pursuant to the requirements of Chs. SPS
383 and 385, Wis. Adm. Code, and Chapter 25, titled "Sanitary Code,"
of the Washington County Code regarding the construction of an on-site
sewage disposal system.
(2)
Soil boring and percolation tests shall be made by or under the direction
and control of an architect, engineer, land surveyor, or sanitarian
registered in Wisconsin, or master plumber or master plumber restricted
licensed in Wisconsin to install private sewage disposal systems.
(3)
Sufficient borings shall be made by the subdivider or condominium
developer (as applicable) in each subdivision, certified survey map,
or condominium to portray adequately the character of the soil, groundwater
levels, and depths to bedrock.
(a)
The borings shall be distributed as uniformly as possible, and
their locations shall be shown on a subdivision, certified survey
map, or condominium plat.
(c)
When borings show marked variation in soil, depth to water or
depth to bedrock, at least one boring per acre of area shall be made.
(d)
All borings shall extend to a depth of five feet, unless bedrock
is at a lesser depth.
(e)
Where deep absorption systems are proposed, bore holes shall
extend three feet below the expected depth of the absorption system.
H.
Plan Commission determination of unsuitability of land. 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 to residential use and afford the subdivider
or condominium developer (as applicable) an opportunity to present
evidence in rebuttal to such finding of unsuitability if he so desires.
Thereafter, the Plan Commission may affirm, modify, or withdraw its
determination of unsuitability.
