Village of Orfordville, WI Article III General Provisions

§ 281-7 Compliance required; applicability; building permits.

A. Compliance. No person, firm or corporation shall divide any land located within the jurisdictional limits of this chapter which results in a subdivision, minor land division or a replat as defined herein; no such subdivision, minor land division or replat, as defined herein, shall be entitled to recording; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following:

(1) The provisions of Ch. 236 and § 80.08, Wis. Stats.

(2) The rules of the Division of Health, Wisconsin Department of Health and Family Services, contained in Ch. H 85, Wis. Adm. Code, for minor land divisions and subdivisions not served by public sewer.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) The rules of the Division of Highways, Wisconsin Department of Transportation, contained in Ch. HY 33, Wis. Adm. Code, for subdivisions which abut a state trunk highway or connecting street.

(4) The rules of the Wisconsin Department of Natural Resources contained in the Wisconsin Administrative Code for floodplain management programs.

(5) Comprehensive plans or components of such plans prepared by state, regional, county or municipal agencies duly adopted by the Village Board.

(6) All applicable local and county regulations, including zoning, sanitary, building and official mapping ordinances.

(7) The Village of Orfordville Comprehensive Plan, or components thereof.

(8) All applicable rules contained in the Wisconsin Administrative Code not listed in this subsection.

B. Jurisdiction. Jurisdiction of this chapter shall include all lands within the corporate limits of the Village of Orfordville and the extraterritorial jurisdiction of the Village. The provisions of this chapter, as they apply to divisions of tracts of land into fewer 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.

(4) Cemetery plats under § 157.07, Wis. Stats.

(5) Assessors' plats made under § 70.27, Wis. Stats., but such assessors' plats shall comply with §§ 236.15(1)(a) through (g) and 236.20(1) and (2)(a) through (c), Wis. Stats.

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. Building permits. The Village of Orfordville shall not issue any building permit relating to any parcel of land forming all or any part of lands included in a subdivision, land division, replat or certified survey map originally submitted to the Village of Orfordville on or after the effective date of this chapter until the applicant has complied with all of the provisions and requirements of this chapter.

E. Applicability to condominiums. This chapter is expressly applicable to condominium developments within the Village'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.

§ 281-8 Land suitability.

A. Suitability.

(1) No land shall be subdivided for residential, commercial or industrial use which is held unsuitable for such use by the Village Board, 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.

(2) The Village Board, 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 residential, commercial, industrial or institutional use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he so desires. Thereafter the Village Board 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, 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.

§ 281-9 Condominium developments.

A. Findings.

(1) The Village Board 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 Village 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 Village Board 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:

(a) Additional population density.

(b) Possibility of use of particular land in a manner unsuitable to the land's characteristics.

(c) Additional demands upon Village area parks, recreation areas, utility facilities and schools.

(d) Additional traffic and street use.

B. Portions of chapter applicable to condominium developments. The following sections of this chapter shall apply to condominium developments:

(1) Section 281-8 relating to land suitability and construction practices.

(2) Sections 281-10 through 281-12 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 281-16 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.

(3) Article X relating to fees for review.

(4) Article VI relating to required improvements.

(5) Article VII relating to design standards for improvements.

(6) Article VIII relating to dedication requirements.

C. This section shall not apply to the following condominiums:

(1) Any condominium plat recorded prior to the effective date of this chapter.

(2) Any conversion of a structure or structures in existence on the effective date of this chapter to a condominium after the effective date of this chapter.