The Committee, as appointed by the Oneida County Board, shall be empowered to ensure proper administration and compliance with the provisions of this chapter, conduct such hearings and meetings as necessary in accordance with this Code, and to approve, conditionally approve or deny applications under the terms as set forth herein, and set fees and adjust them from time to time as is deemed necessary.
The Director shall be responsible for the administration and enforcement of this chapter and may delegate duties to designees within the Department.
A subdivision review fee, as periodically designated by the County Board, shall be paid when the application is filed.
Legal and Engineering Fees. Upon mutual agreement, the subdivider shall pay the County, at times specified by the Committee, a fee equal to the actual cost to the County of any engineering or legal work incurred by the County in conjunction with the plat review. Engineering work shall include preparation of construction plans, specifications, and inspections. Legal work shall include the drafting of contracts between the County and the subdivider and a review of covenants, easements, and documents involved in dedications.
A triple permit fee will be charged for all after-the-fact submittals to partially recover the cost of obtaining compliance.
Resubmittal fees equal to the subdivision review fees may be charged if major revisions to the revised map are required.
Modifications and Appeals.
Modification. Where in the judgment of the Committee it would be inappropriate to apply literally the provisions of this chapter because exceptional or undue hardship would result, the Committee may waive or modify any requirement to the extent deemed just and proper.
Such relief shall be granted without impairing the intent and purpose of this chapter or the desirable general development of the County. A majority vote of the entire membership of the Committee shall be required to grant any modification of this chapter, and the reason shall be entered in the committee minutes, a copy of which shall be attached to the plat.
No modification may be granted that would be contrary to the Wisconsin Statutes or Wisconsin Administrative Code.
Appeals. Any person aggrieved by a failure to approve any land division may appeal to the Circuit Court of Oneida County as provided in the Wisconsin Statutes.
Replats, Vacations or Alterations in Recorded Plats.
Replats of all or part of a recorded land division shall occur pursuant to §§ 236.36 — 236.445, Wis. Stats.
Upon submission to the County of a preliminary plat for an area for which a plat was vacated or altered by action pursuant to §§ 236.40 — 236.44, Wis. Stats., the Committee shall hold a public hearing. While the proposed new plat is pending before the Committee, notices of the hearing shall be mailed to the owners of all properties within the area of the subdivision and to all landowners within 200 feet of the proposed replat.
Violations and Enforcement.
Violations. No person shall build upon, divide, convey, record, or monument any land in violation of this chapter or the Wisconsin Statutes; and no person shall be issued a building permit by the Director authorizing the building on, improvement of any subdivision or replat within the jurisdiction of this chapter not of record as of the effective date [July 1, 2010] of this chapter until the provisions and requirements of the chapter have been fully met. The County may institute appropriate action or proceedings applicable to the Wisconsin Statutes.
Any division of land which results in a State subdivision, County subdivision, or minor subdivision plat as defined in this chapter, shall be surveyed, mapped, or platted, and the map or plat shall be approved as provided herein, and the approved map or plat shall be recorded with the Oneida County Register of Deeds prior to conveying any lot, parcel, or tract included within the proposed division. However, in the case of a subdivision which has been the subject of a preliminary plat approved by the Committee offers or contracts to convey parcels, lots, or tracts within the proposed land division may be entered into pending approval of the final plat if the contract or offer to convey stated on its face that it is contingent upon recording of the final plat and shall be void if such plat is not recorded within a specified time.
Lots may be further divided, providing they meet all land division standards of this and other applicable ordinances. It shall be unlawful for any person to build upon, divide, convey, record, or monument any land in violation of this Code or the Wisconsin Statutes. No person shall be issued a permit by the County authorizing the building upon or improvement of any land division until the requirements of this chapter have been fully met.
The Director, or designee, may issue a compliance order, filed directive, suspension order or termination order to assure compliance with the provisions of this Code.
The County may institute appropriate action or proceedings to enjoin violation of the chapter or of State law pursuant to § 236.31, Wis. Stats.
A person, firm, or corporation who fails to comply with this Code shall be subject to the penalty provisions contained in § 25.04, Oneida County General Code. Each day a violation exists or continues shall constitute a separate offense.
Improperly recording or conveyance of a lot in an unrecorded plat and monuments disturbed or not placed has penalties provided in §§ 236.30, 236.31 and 236.32, Wis. Stats.
Assessor's plats made pursuant to § 70.27, Wis. Stats., may be ordered by the County at the expense of the divider or the owners of record when a land division is created by successive divisions not in compliance with this Code.
The Department shall withhold any permit or approval pursuant to this chapter where the applicant, owner, or licensed contractor is in violation of this or any ordinance administered by the Department, and for any parcel of land which has an outstanding violation until the violation has been corrected. A request for a waiver of these provisions may be made to grant or deny a permit or approval on the merits of the application, to the Committee.
Recording. Pursuant to § 236.45(2), Wis. Stats., the Register of Deeds is directed to accept for recording all plats and certified survey maps and accompanying documents which are required to be prepared and approved by this Code, and to keep and record same. No person shall attempt to record a plat or document purporting to create parcels of land for sale or development that are not in conformance with this chapter.
Conveyance. Lands described in plats and maps recorded pursuant to Subsection (1) shall be described by reference to the recorded plat or map and recording document number for all purposes, including those of assessment, taxation, devise, descent, and conveyance as defined in § 706.01(4), Wis. Stats.