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.
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]
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.
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:
B.
Portions of chapter applicable to condominium developments.
The following sections of this chapter shall apply to condominium
developments:
(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.
C.
Exceptions. This section shall not apply to the following
condominiums: