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.
(1)
Fees.
(a)
A subdivision review fee, as periodically designated by the
County Board, shall be paid when the application is filed.
(b)
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.
(c)
A triple permit fee will be charged for all after-the-fact submittals
to partially recover the cost of obtaining compliance.
(d)
Resubmittal fees equal to the subdivision review fees may be
charged if major revisions to the revised map are required.
(2)
Modifications and Appeals.
(a)
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.
(3)
No modification may be granted that would be contrary to the Wisconsin
Statutes or Wisconsin Administrative Code.
(a)
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.
(4)
Replats, Vacations or Alterations in Recorded Plats.
(a)
Replats of all or part of a recorded land division shall occur
pursuant to §§ 236.36 — 236.445, Wis. Stats.
(b)
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.
(5)
Violations and Enforcement.
(a)
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.
1.
Enforcement.
a.
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.
b.
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.
c.
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.
d.
The County may institute appropriate action or proceedings to
enjoin violation of the chapter or of State law pursuant to § 236.31,
Wis. Stats.
2.
Penalties.
a.
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.
b.
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.
c.
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.
d.
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.
(1)
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.
(2)
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.
