A.
Compliance. No person shall divide any land located within the jurisdictional
limits of this chapter 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.
(2)
The rules of the Department of Safety and Professional Services contained
in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public
sewer.
(3)
The rules of the Department of Transportation contained in Ch. Trans
233, Wis. Adm. Code, for subdivisions which abut a state trunk highway
or connecting street.
(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)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for stormwater management.
(6)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies and duly adopted by the Town
Board.
(7)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
(8)
The Town of Pacific 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 Master 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 Master Plan or Official Map of the Town of Pacific 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 Town of Pacific or any other appropriate agency having the
authority to purchase said property. The Town, 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.
(9)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
(10)
The Town's sewer and water rules on file with the Public Service
Commission of the State of Wisconsin concerning sewer and water installations
and services, if applicable.
B.
Jurisdiction. The provisions of this chapter, as they apply to divisions
of tracts of land into less 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;
and
(3)
Sale or exchange of parcels of land between adjoining property owners,
provided the resulting parcels are at least 1 1/2 acres in size
and 300 feet in width and comply with all applicable Town and county
ordinances.
C.
Building permits. The Town shall not issue any building permit, or
recommend County issuance of any zoning permit, relating to any parcel
of land forming all or any part of lands included in a land division
originally submitted to the Town on or after the effective date of
this chapter until the applicant has complied with all of the provisions
and requirements of this chapter.
D.
Certified survey. Any division of land other than a subdivision as defined in § 236.02(12), Wis. Stats., and any adjustment of a parcel's boundary not exempt under § 440-6B(3) shall be surveyed and a certified survey map prepared as provided in § 236.34, Wis. Stats., subject to approval of the Town Board.
E.
Compliance; issuance of permits. The Town of Pacific shall not recognize
and no building or other permits shall be issued by the Town 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 Town
Board of the Town.
F.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the Town'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 Town Board of the Town of Pacific must be recorded,
together with the adopting resolution, with the County Register of
Deeds within 12 months of the date of the last resolution of preliminary
approval and not later than 36 months following the date of the first
resolution of approval. Land divisions shall not be recognized by
the Town until recorded with the Register of Deeds. The volume, page
and document numbers of the recording shall be filed with the Town
Clerk and Building Inspector prior to issuance of any permits. The
subdivider shall file six certified copies of the approved land division
with the Town Clerk.
A.
Procedure. Every land division application shall require a determination
of land suitability. The Plan Commission shall review all information
in connection to land suitability and shall recommend a determination
to the Town Board. Except as provided herein, the Town Board shall
preferably determine land suitability at the time of the preliminary
consultation, following review and recommendation by the Plan Commission
and appropriate Town and county committees, if any. The subdivider
shall furnish such maps, data and information as may be requested
by the Town or necessary to make a determination of land suitability.
B.
Determination on suitability. The Plan Commission and Town Board,
in applying the provisions of this section, shall in writing recite
the particular facts upon which they base their conclusion that the
land is not suitable for residential, commercial, recreational or
industrial use and afford the subdivider an opportunity to present
evidence regarding suitability. Thereafter, the Plan Commission and
Town Board may affirm, modify or withdraw their determination of unsuitability.
C.
Physical unsuitability. No land shall be subdivided for residential,
commercial, recreational or industrial use which is held unsuitable
for such use by the Town Board 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.
(1)
Flood-prone area determination. In addition to the data required to be submitted with the preliminary plat or certified survey map (see §§ 440-12 and 440-14), and/or the environmental assessment checklist, the subdivider may be required to submit some or all of the following additional information for development located in an area where flooding or potential flooding may be a hazard:
(a)
Two copies of an aerial photograph or two maps prepared by a
registered land surveyor or engineer which accurately locate the proposed
development with respect to the regional flood elevation and floodplain
zoning limits, shoreland setback areas, wetlands, channel or stream
fill limits and elevations, and floodproofing measures taken or proposed
to be taken.
(b)
Two copies of a typical valley cross section showing the channel
or stream, the floodplain adjoining each side of the channel or stream,
cross-sectional area to be occupied by the proposed development and
high-water information.
(c)
Two copies of a profile showing the slope of the bottom of the
channel or the flow line of the stream.
(d)
Such other data as may be requested or required.
(e)
Where a proposed land division is located wholly or partly in
an area where flooding or potential flooding may be a hazard, the
applicable county ordinances shall apply.
(f)
When a proposed land division is located in an area where flooding
or potential flooding may be a hazard, the Town Board may transmit
to the Department of Natural Resources information provided by the
subdivider and may request that the Department provide technical assistance
in determining whether the land is suitable or unsuitable for the
use proposed.
(2)
Areas of archaeological and/or historical interest. Areas of archaeological
and/or historical interest, including, but not limited to, those areas
designated by the State Historical Society shall be delineated by
the subdivider and evaluated as a part of land suitability.
(3)
Areas of geological interest. Areas of geological interest, including,
but not limited to, those areas designated by the State Geological
and Natural History Survey shall be delineated by the subdivider and
evaluated as a part of land suitability.
(4)
Septic system suitability. In addition, the suitability of land for
private sewerage systems shall be determined in accordance with the
appropriate provisions of the Wisconsin Statutes and Wisconsin Administrative
Code and with reference to the appropriate map(s) in the Comprehensive
Plan.
D.
Unsuitability due to location and/or timing in relation to supporting
public infrastructure and services or inventory of available lots.
The Town Board or Plan Commission may deny approval to a preliminary
or final subdivision or condominium plat or a certified survey map,
or may grant approval with a delayed effective date, or may approve
with a condition that the lands and parcels within the development
be restricted against construction of homes or improvements or occupancy
thereof until released of such restriction by future action of the
Town Board. The Board shall identify the reason or reasons for such
denial or delayed effective date or restrictions based on one or more
of the following factors, which are intended to implement the intent
of the chapter and § 236.45(1), Wis. Stats.:
(1)
The size of the inventory of previously approved subdivision lots
with full or partial subdivision improvements that are not yet sold
or occupied by houses or other end user improvements; the Town's necessity
being to control the pace of new home construction and occupancy;
and/or
(2)
The Town Board has committed to a plan and program of improvements
in road and transportation corridors, safety improvements at rail
crossings and similar works needed to keep pace with new development,
and such improvements are not ready and available at the time of subdivision
review; and/or
(3)
The lands in question are not in a Town Board-designated planned
short-term growth sector wherein growth-accommodating improvements
in public facilities and services are being targeted.
The following are guidelines and review criteria that the Town
Board and Plan Commission shall apply in reviewing land divisions.
Nothing in this chapter shall prevent the Town Board from developing
and applying such additional guidelines and review criteria that the
Town Board, in its sole discretion, determines appropriate. Such guidelines
include, but are not limited to, those guidelines included in the
Town's Comprehensive Plan.
A.
Land divisions should be consistent with the goals, objectives and
development standards set forth in the Town Comprehensive Plan and
shall be consistent with the Town's Code of Ordinances;
B.
Land divisions should be compatible with the character, size and
quality of development on nearby and adjoining properties;
C.
Land divisions should be planned and designed to maintain the rural
character of the Town;
D.
Land divisions should be planned and designed to protect environmentally
sensitive sites;
E.
Land divisions should be planned and designed to minimize the disruption
of groves of existing mature vegetation, particularly canopy trees
and woodlands native to presettlement Wisconsin;
F.
Land divisions should be planned and designed to be sensitive to
historic and archeological sites on both the lot or parcel being divided
and on adjoining and nearby properties;
G.
Land divisions should be planned and designed to minimize the disruption
of distant vistas; and
H.
Lot design and siting standards, including building envelope location,
shall be in accordance with applicable Town ordinances.
A.
Purpose.
(1)
The Town Board 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 Town of Pacific 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 Town Board 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)
Section 440-12, 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 § 440-12 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to any condominium plat
recorded prior to the effective date of this chapter.
In order to further the goals and policies of the Town Comprehensive
Plan, master plan and/or land use plan, assuming all other provisions
of this chapter are met, the Town Board may consider plans for land
divisions that provide for a cluster development or conservation subdivision.
In a cluster development or conservation subdivision, the overall
density of the underlying zoning district is maintained minimizing
sprawl of home sites over larger areas and preserving open space and
forestland. At the discretion of the Town Board, recorded restrictions,
including restrictive covenants or conservation easements, or both,
may be required for such plans that include the cluster development
or conservation subdivision. The intent of the Town is to allow this
type of flexibility while adhering to the design standards found in
this chapter wherever possible and appropriate.
A.
At least 50% of the project area shall be designated as open space,
undivided, and protected by the Town or in equal ownership of the
owners of the future lots. Such land area shall be fully accessible
to the residents of the subdivision.
B.
Stormwater management areas may be included as part of the open space
land area requirement.
C.
Dedications of open space shall be reviewed by the Town in conjunction
with the environmental assessment land suitability review. Generally,
all cluster developments or conservation subdivisions shall be laid
out to protect natural features, trees or wooded areas, vistas, environmentally
sensitive areas, areas where significant fauna exists, and areas of
known archaeological or historical interest.
D.
Areas where limiting factors exist, such as subsoil or bedrock conditions,
groundwater conditions, erosion potential, inadequate potential for
septic system or sewage disposal capability, may also impact land
development areas and areas reserved for common open space.
E.
The Town, upon information found in the environmental assessment checklist or other land suitability review criteria, may request alteration of the open space proposed in the land division if notable impact concerning matters covered in Subsection C or D above are determined to exist in the review process.
