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