Village of New Glarus, WI Article III General Provisions

§ 265-7 Compliance required; applicability; recording of plats or certified surveys.

A. Compliance. No subdivision, land division, replat, or condominium development within the jurisdiction of this chapter shall be entitled to be approved or recorded without compliance with all requirements of this chapter that are in effect when a subdivider submits a preliminary plat, certified survey map, or condominium plat, and with the following:

[Amended 3-3-2020 by Ord. No. 20-02]

(1) The provisions of Ch. 703, Wis. Stats., § 80.08, Wis. Stats., and Ch. 236, Wis. Stats., including § 236.45(2)(ac), Wis. Stats.

(2) All other Village ordinances that are in effect when a subdivider submits a preliminary plat, certified survey map, or condominium plat, including but not limited to the Zoning Ordinance and any Official Map ordinance.

(3) The Comprehensive Plan in place when a subdivider submits a preliminary plat, certified survey map, or condominium plat.

(4) All other master plans, comprehensive plans, and components of such plans prepared by state, regional, county or municipal agencies, when such plans have been duly adopted by the Village Board when a subdivider submits a preliminary plat, certified survey map, or condominium plat.

(5) The provisions of Ch. SPS 385, Wis. Admin. Code, for subdivisions, land divisions, or replats not served by public sanitary sewer.

(6) The Village's water and electric rules on file with the Public Service Commission of the State of Wisconsin concerning electric and water installations and services. These rules are incorporated herein by reference and made a part hereof as though fully set forth herein.

(7) All other applicable state statutes, administrative rules, and county ordinances.

B. Jurisdiction; extraterritorial plat approval jurisdiction. Jurisdiction of this chapter shall include all lands within the corporate limits of the Village as well as the unincorporated area within 1 1/2 miles of the Village. The Village of New Glarus has elected to approve plats under its extraterritorial plat approval jurisdiction as provided in Chapter 236 and § 66.0105, Wis. Stats. The provisions of this chapter, as they apply to divisions of tracts of land into less than five parcels, shall not apply to:[1]

(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; or

(3) Sale or exchange of parcels of land between adjoining property owners or where not more than one additional lot is created and said lot is not less than the minimum size required by applicable laws or ordinances. No more than one lot may be created in this fashion within a one-year period.

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

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. Issuance of permits. The Village of New Glarus shall not recognize and no building or other permits shall be issued by the Village authorizing the building on, occupancy, or improvement of any parcel of land not on record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully complied with and a resolution approving the land division has been adopted by the Village Board of the Village.

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.

F. Recording of plats or certified surveys. Plats and certified surveys approved by the Village Board of the Village of New Glarus must be recorded per this chapter and §§ 236.25 and 236.34, Wis. Stats.

[Amended 7-1-2003 by Ord. No. 03-04; 3-3-2020 by Ord. No. 20-02]

§ 265-8 Land suitability.

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. 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 use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he so desires. Thereafter the Village Board, upon the recommendation of the Plan Commission, may affirm, modify, or withdraw its determination of unsuitability.

§ 265-9 Condominium developments.

A. Purpose.

(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 265-8 relating to land suitability and construction practices.

(2) Sections 265-10 through 265-12 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 § 265-18 shall not apply, since condominiums have separate technical standards set forth in Chapter 703, Wis. Stats.

(3) Article IX 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. Exceptions. 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.