A.
Compliance. No person 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:
(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 Common
Council.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances, as they exist when the plat
is submitted.
[Amended 1-10-2011]
(7)
The City of Brodhead Master 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 City of Brodhead 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 Brodhead, Green or Rock County, 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.
[Amended 3-17-2015]
(8)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
(9)
The City's water rules are on file with the Public Service Commission
of the State of Wisconsin concerning water installations and services.
These rules are incorporated herein by reference and made a part hereof
as though fully set forth herein.
B.
Jurisdiction; 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 1 1/2 miles of its corporate limits. The City of Brodhead, as a fourth-class city, has elected to approve plats under its extraterritorial plat approval jurisdiction as provided in Ch. 236 and §§ 62.23(2), 62.23(7a), and 66.0105, Wis. Stats. 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;
(3)
The 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 this chapter or
other applicable laws or ordinances.
[Amended 5-16-2017]
C.
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.
D.
Compliance; issuance of permits. The City of Brodhead 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 Common
Council of the City.
E.
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.
F.
Recording of plats or certified surveys. Plats and certified surveys,
approved by the Common Council of the City of Brodhead, must be recorded,
together with the adopting resolution, with the Green or Rock County
Register of Deeds within 30 days of the date of the last resolution
of approval and not later than six months following the date of the
first resolution of 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 Clerk-Treasurer and Building Inspector prior to issuance of any
permits. The subdivider shall file six certified copies of the approved
land division with the City Clerk-Treasurer.[3]
A.
Suitability. No land shall be subdivided for residential, commercial
or industrial use which is held unsuitable for such use by the Common
Council, upon the recommendation of 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 the future residents of the proposed
subdivision or of the community. The Common Council, 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 the proposed use and afford the subdivider an opportunity to present
evidence regarding such unsuitability if he/she so desires. Thereafter,
the Common 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, especially with a trunk diameter of
six inches or more, 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.
A.
Purpose.
(1)
The Common 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 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 Common 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:
C.
Exceptions. This section shall not apply to the following condominiums:
