Limitation on number of plats per year: the Town of Vinland
limits the number of plats in a calendar year to two preliminary subdivisions
on a first-come, first-served basis.
The jurisdiction of this chapter shall include all lands within
the Town of Vinland. However, in no instance shall the provisions
of this chapter apply to:
A. Transfers of interest in land by will or pursuant to court order.
B. 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, if additional lots are not thereby created and the resultant lots are not reduced below the minimum size required by this chapter, the Town/County Zoning Ordinance or other applicable laws or ordinances. For the purpose of this section, an additional lot is deemed to be created if the parcel being sold or created is not combined with the adjoining parcel by means of a new legal description in accordance with §
361-11.
D. Cemetery plats (§ 157.07, Wis. Stats.) and assessor's plats
(§ 70.27, Wis. Stats.), but both shall comply with § 236.15(1)(a)
to (g) and (2), Wis. Stats.
Lots shall be combined into one parcel according to §
361-11 when one or more of the following occurs:
A. The requirements of §
361-9C are not met.
B. A use, structure or structural addition that occupies more than one
lot under the same ownership.
C. Existing substandard lots on record platted according to Ch. 236,
Wis. Stats. When, in the determination of the Zoning Administrator,
the intent of the district will not be maintained at the time of construction.
Land described in §
361-10 shall be combined into one parcel by certified survey map procedures and recorded in the County Register of Deeds Office.
Any division of land within the jurisdictional limits of this
chapter which results in a land division, replat or condominium plat,
as defined herein, shall not be entitled to recording and/or improvements
to the land unless it is in compliance with all the requirements of
this chapter and:
A. Duly approved County Zoning and Private Sewage System Ordinances.
B. County Access Control Ordinance.
C. Applicable local ordinances.
D. Consistent with the provisions of Ch. 236, Wis. Stats.
E. Provisions of the Winnebago County Land Records Ordinance as enumerated
in Section 8.05 of the Winnebago County Code.
F. Town of Vinland Land Use Plan.
G. Town of Vinland Development Ordinance and agreement requirements.
No land shall be divided which is held unsuitable for any proposed
use by the Town Board for reason of flooding, inadequate drainage,
soil and rock formations with severe limitations for development,
severe erosion potential, unfavorable topography, inadequate water
supply or sewage disposal capabilities or any other feature likely
to be harmful to the health, safety or welfare of future residents
of the proposed subdivision or of the community. The Town Board in
applying the provisions of this chapter shall, in writing, cite the
particular facts upon which it bases its conclusion that the land
is not suitable for the proposed use and afford the applicant an opportunity
to present evidence regarding such suitability at a public hearing.
Thereafter, the Town Board may affirm, modify or withdraw its determination
of unsuitability.
No person shall build upon, divide, convey, record or monument
any land in violation of this chapter or the Wisconsin Statutes. No
permit shall be issued authorizing the building on or improvement
of any subdivision, replat or condominium plat within the jurisdiction
of this chapter and a lot of record until the provisions and requirements
of this chapter have been fully met. The Town may institute appropriate
action or proceedings to enjoin violations of this chapter or the
applicable Wisconsin Statutes.
If the Town of Vinland's Town Board denies a plat, the petitioner
may appeal the denial to the Town of Vinland's Board of Appeals. If
the Town's Board of Appeals supports the Town Board's denial, the
petitioner may then commence an action seeking the remedy available
by certiorari. The Court shall not stay proceedings upon the decision
appealed from but may, on application, on notice to the Board of Appeals
and on due cause shown, grant a restraining order. The Court may also
reverse or affirm, wholly or partly, or may modify the decision brought
up for review.