A.
To preserve farmland and implement the goals and objectives of the Town of Vinland's Land Use Plan (and future Comprehensive Plan), any new subdivisions will be required to meet the development criteria established below and shall be platted using the cluster subdivision process as described in § 361-61 of this chapter.
B.
Depending on where a potential subdivision may be located, such plat
may have different development criteria. It is important that a developer
or property owner is aware of the geographic area or zone his or her
property is located within to understand the conditions that will
need to be met in order to obtain Town approval.
C.
For the purpose of this chapter, a certified survey map may only
be used for the creation of four parcels less than five acres in size
within a five-year period, and a subdivision may be only used to create
a minimum of 10 or 20 parcels, depending on the zone location. The
creation of five to nine parcels for residential purposes shall not
be allowed unless the additional parcels being created are greater
than five acres in size. Properties zoned commercial may create five
or more lots less than five acres in size by platting, providing each
lot is a minimum of one acre or larger and subject to compliance with
all other Town zoning and subdivision ordinances.
D.
Zone 1.
(1)
Geographic Density - Zone 1: the Town of Vinland requires any subdividing in Zone 1, defined as Sections 8, 9, 10, 11, 14, 15, 16 and 17 in Range 16 East, which are all west of Highway 76, to have not less than 10 lots and that such a subdivision in these areas shall follow the cluster form of platting as regulated under §§ 361-61 to 361-66 of this chapter.
(2)
Conservation Area Standards - Zone 1: Lot size in Zone 1 shall be
1 1/2 acre minimum. A minimum of 50% of the plat shall be open
common space. A community well or sewer system and buffer areas can
be part of the fifty-percent conservation area.
E.
Zone 2.
(1)
Geographic Density - Zone 2: the Town of Vinland requires any subdivision in Zone 2, defined as Sections 1, 2, 3, 4, 5, 6, 7, 12, 13, 18, 19, 20, 21, 22, 23 and 24 in Range 16 East and Sections 16, 17, 18, 19, 20 and 21 in Range 17 East, to have not less than 20 lots and that such subdivision in these areas shall follow the cluster form of platting as regulated under §§ 361-61 to 361-66 of this chapter.
(2)
Conservation Area Standards - Zone 2: Lot size in Zone 2 shall be
1/2 to 1 1/4 acre. A minimum of 25% of the plat shall be open
common space. A community well or sewer system and buffer areas can
be part of the twenty-five-percent conservation area.
Where necessary to accommodate a private sanitary system other
than a holding tank, an individual lot size may be increased in order
to accommodate the construction of the sanitary system. In applying
the provisions of this section, the Town shall review this on a lot-by-lot
basis, not on the subdivision as a whole.
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:
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.
A.
In any particular case where it can be shown that, with reason of
exceptional topographic or other physical conditions, strict compliance
with any requirement of this chapter would cause practical difficulty
by exceptional and undue hardship, the Vinland Board of Appeals may
relax such requirement to the extent deemed just and proper so as
to relieve such difficulty or hardship, provided such relief may be
granted without detriment to the public good and without impairing
the intent and purpose of this chapter or the desirable general development
of the Town.
B.
The Vinland Board of Appeals, at its discretion, if it determines
it necessary for the public good, may conduct a public hearing to
permit parties in interest to comment on the variance request.
C.
If a hearing is determined necessary, the applicant shall be responsible
for payment of a hearing fee as established by the Town of Vinland.
The Vinland Board of Appeals shall then fix a reasonable time and
place for the hearing. Notice of the time and place of such hearing
shall be given by publication as a Class 2 notice in a local newspaper
according to Ch. 985, Wis. Stats. All property owners within 300 feet
of the subject site, as listed on official tax property rolls as of
the date of application, shall be notified by first class mail with
an affidavit of mailing at least 10 days prior to the date of such
hearing.
D.
A 4/5 vote of the entire membership of the Vinland Board of Appeals
shall be required to grant any modification to this chapter, and any
modification thus granted shall be entered in the minutes of the Vinland
Board of Appeals, setting forth the reasons which, in the opinion
of the Vinland Board of Appeals, justified the modification.
E.
Shoreland notice and decision.
(1)
Written notice shall be given to the appropriate district office
of the Department of Natural Resources at least 10 days prior to consideration
by the Vinland Board of Appeals.
(2)
Written notice of the decision shall be submitted to the appropriate
district office of the Department of Natural Resources within 30 days
of the decision.
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.
A.
Recordation improperly made shall be subject to the provisions of
§ 236.30, Wis. Stats.
B.
Conveyance of lots in unrecorded plats shall be subject to the provisions
of § 236.31, Wis. Stats.
C.
Monuments disturbed or not placed shall be subject to the provisions
of § 236.32, Wis. Stats.
D.
Assessor's plat may be ordered by the Town when a subdivision is
created by successive divisions as provided in § 236.31(2),
Wis. Stats.
E.
Any person failing to comply with the provisions of this chapter
shall be subject to penalties assessed by the Town of Vinland, as
amended from time to time, for similar violations.
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.
