Notice to all town residents

Citizens are reminded that signs are not allowed in the Town of Eau Galle right of way, normally 33ft from the centerline of the road. This includes real estate signs, advertisements and any other signs. All signs that are in the Town right of way will be removed by the Town and the owner of the sign will be charged for the expense involved.

-- Eau Galle Town Board

Land Division Ordinance

Town of Eau Galle Land Division Ordinance

1.01 DISCLAIMER

(1) Multiple Jurisdictions. All persons reviewing the provisions of this Ordinance should be aware that the Town of Eau Galle is only one of a number of governmental bodies that may have jurisdiction over proposed land divisions or development. The Town of Eau Galle cannot make any representations on behalf of any other governmental body. No land division may be made unless all required approvals have been given.

(2) Binding Acts. No statement or actions by any official, employee, agent, or committee of the Town of Eau Galle should be construed or taken as a binding act of the town of Eau Galle except as a resolution, motion, or ordinance that has been adopted by the Town of Eau Galle at a lawfully conducted Town Board meeting, or by the Town electorate at a duly constituted Annual or Special Town Meeting. This includes, but is not limited to, interpretation of this Ordinance.

(3) Compliance Assurance. The Town of Eau Galle expressly states that it has no responsibility whatsoever for assuring that land and/or buildings sold in the Town are in compliance with any ordinances, regulations, or rules. The Town also assumes no responsibility for the suitability of any property whose land division has been or has not been approved by the Town Board.

1.02 AUTHORITY

These regulations are adopted under the statutory authority granted pursuant to secs. 6.10(2) (c), 60.22(3), 61.34(1), and 236.45 of the Wisconsin Statutes.

1.03 PURPOSE AND INTENT

The purpose and intent of this Ordinance are to regulate and control the division of land within the limits of the Town of Eau Galle, St. Croix County, Wisconsin, in order to:

(1) Promote the public health, safety, and general welfare of the community.

(2) Supplement county, state, and federal land division controls to implement the Town’s land use plan.

(3) Promote the planned and orderly layout and use of the land.

(4) Encourage the most appropriate use of the land throughout the Town.

(5) Facilitate adequate provision of transportation, water, sewerage, health, education, recreation, and other public requirements.

(6) Provide the best possible environment for human habitation.

(7) Enforce the goals and policies set forth in the Town’s Land Use Plan.

(8) Ensure that the design of the street system will not have a negative long-term effect on neighborhood quality, traffic flow, and safety.

(9) Realize goals, objectives, policies, and development standards set forth in plans, codes, and ordinances adopted by the Town.

(10) Secure safety from fire, flooding, and other dangers.

(11) Avoid the inefficient and uneconomical extension of governmental services.

(12) Provide for the administration and enforcement of this Ordinance.

1.04 ABROGATION AND GREATER RESTRICTIONS

It is not the intent of this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, rules, regulations, permits, or approvals previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions, and such restrictions do not contravene rights vested under law, the provisions of this Ordinance shall govern.

1.05 INTERPRETATION

The provisions of this Ordinance shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Town, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

1.06 AMENDMENTS

The Town Board may, upon recommendations of the Town Plan Commission, amend, supplement, or repeal any of these regulations after public notice and hearing and as may be required by Chapter 236 of the Wisconsin Statutes.

1.07 SEVERABILITY

The provisions of this Ordinance shall be deemed severable. It is expressly declared that the Town Board would have passed the other provisions of this Ordinance irrespective of whether one or more provisions may be declared invalid. If any section, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

1.08 REPEAL

All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed.

1.09 JURISDICTION

This Ordinance shall apply to all lands within the Town of Eau Galle.

1.10 APPLICABILITY

A. Any division of land within the Town that results in a land division as defined in Section 1.11 of this Ordinance.

B. The provisions of this Ordinance as it applies to divisions of tracts of land into less than five (5) parcels, shall not apply to the following:

(1) Transfers in interest in land by will or pursuant to court order.

(2) Leases for a term of not more than ten (10) years, mortgages, or easements.

(3) The sale or exchange of land between owners of adjoining property if additional lots are not thereby created and if the lots resulting are not reduced below the minimum sizes as stated in the Town of Eau Galle Land Use Plan.

1.11 DEFINITIONS

For the purposes of this Ordinance, the following definitions shall apply. Words used in the present tense include the future, the singular number includes the plural number; and the plural number includes the singular. Any words not defined in this Section shall be presumed to have their customary definitions as given in standard reference dictionaries.

(1) Agricultural Use. As defined as sec. 91.01(1) of the Wisconsin Statutes to mean beekeeping; commercial feedlots, dairying; egg production; floriculture; fish or fur farming; forest and game management grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts, and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; participating in the milk production termination program under 7 USC 1446(d); and vegetable raising.

(2) Certified Survey Map. A map of a land division prepared in accordance with sec. 236.34 of the Wisconsin Statutes and in full compliance with the applicable provisions of this Ordinance. A Certified Survey Map has the same legal force and effect as a land division plat.

(3) Conservation Easement. Property rights transferred to a third party that permanently prevents the development of the land for purposes inconsistent with the easement. See Wis. Stats. Sec. 700.40.

(4) Deed Restriction. A restriction on the use of a property set forth in the deed, including, but not limited to, a restriction placed on undeveloped land as a condition for the division or development of adjacent land.
(5) Final Plat. A map prepared in accordance with requirements of Chapter 236 of the Wisconsin State Statues and this Ordinance for the purpose of precisely dividing larger parcels into lots and used in conveying these lots.

(6) Land Divider. Any person, partnership, corporation, or other legal entity, dividing or proposing to divide land resulting in a land division, as defined by this Ordinance. The person, partnership, corporation, or other legal entity must have ownership or another legal interest in the subject land.

(7) Land Division. The division of a lot, parcel, or tract of land by the owner thereof or the owner’s agent for the purpose of sale or of building development where the act of division creates two or more parcels or building sites, inclusive of the original remnant parcel, by a division or by successive divisions of any part of the original property.

(8) Lot. A parcel as stated in the Town of Eau Galle Land Use Plan

(9) Master Plan. The plan, concerning issues of land in the Town, adopted pursuant to section 62.23 of the Wisconsin Statutes.

(10) Natural Resource. Air, land, water, groundwater, drinking water supplies, wildlife, fish, biota, and other such resources belonging to, managed by, appertaining to, or otherwise controlled by the United States, Wisconsin and/or the Town of Eau Galle.

(11) Parcel. Contiguous lands under the control of a land divider including lands separated by streets, highways, or railroad rights-of-way.

(12) Subdivider. The term subdivider, when incorporated by reference herein from Chapter 236 of the Wisconsin Statutes, shall mean land divider as defined in this Ordinance.

(13) Town. The Town of Eau Galle, Wisconsin.

(14) Town Board. The Board of Supervisors for the Town of Eau Galle.

(15) Town Clerk. The Clerk of the Town of Eau Galle.

(16) Wetland. An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophilic vegetation, and which has soils indicative of wet conditions.

1.12 COMPLIANCE

No person, partnership, corporation, or legal entity of any sort shall divide any land subject to the requirements of this Ordinance and no such land division shall be entitled to record unless such land division is in full compliance with:

(1) All requirements of this Ordinance;

(2) Chapter 236 of the Wisconsin Statutes;

(3) The Town Land Use Plan or any component thereof;

(4) St. Croix County Zoning Regulations, Building Code, Sanitary Code, erosion control regulations, and land division regulations;

(5) State of Wisconsin Department of Natural Resources rules on wetlands, shorelands, sewers, septic systems, and pollution abatement;

(6) All applicable state and local sanitary codes;

(7) Applicable Town of Eau Galle ordinances; Driveway Ordinance, Building Permit Ordinance, Uniform Dwelling Code Ordinance, Public Nuisance Ordinance, setbacks as defined in the Town Land Use Plan and all other applicable Ordinances

(8) State of Wisconsin Department of Transportation and/or St. Croix County Highway Department rules relating to safety of access and the preservation of the public interest and investment in the highway system, if the land owned and controlled by the land divider abuts on a state or county trunk highway or connecting road or street.

(9) All applicable master plans, zoning ordinances, or official maps adopted pursuant to sec. 62.23 of the Wisconsin Statues, and any other pertinent town or county ordinances and regulations.

Where the provisions of this Ordinance impose greater restrictions than (2) through (9) above, it is intended that the provisions of this Ordinance shall apply.

1.13 LAND SUITABILITY

(1) Minimum Lot Size. No land shall be divided if any lot created by the land division is smaller than allowed as stated in the Town of Eau Galle Land Use Plan.

(2) Map. The official map is the Land Use Map as stated in the Town of Eau Galle Land Use Plan.

(3) Permitted Uses. No land shall be divided if the intended use is not allowed as permitted by the Town of Eau Galle Land Use Plan.

(4) Lot Density. No land shall be divided that creates more lots than are allowed as stated in the Town of Eau Galle Land Use Plan.
(5) Highways. All highways required because of land division shall be constructed to Town of Eau Galle road standards as established by the Town of Eau Galle.
The Land Divider shall be responsible for the construction of all roads in new subdivisions and additions to existing subdivisions. All roads shall meet or exceed the design standards for major and minor subdivisions in the St. Croix County Land Division Ordinance for the road type designated by the St. Croix County Highway Department, including but not limited to:
a. Number of lanes
b. Right of way limits
c. Roadway surface and shoulder width
d. Culvert size
e. Depth of compacted sub base, base, and 2 ½ inch compacted bituminous mix surface
f. Roadway profile and centerline grades
g. Geometry, alignment, cul-de-sac and intersection design
Traffic control devices and payment markings shall be furnished in accordance with St. Croix County Highway Department.
All material and construction procedures, and traffic control during construction shall be in accordance with St. Croix County Highway department standards and specifications.

(6) Signs. All signs required on highways created because of land division shall be erected at land dividers expense and meet all St. Croix County Highway Standards.

(7) Natural and Preexisting Divisions. No land will be divided solely because the parcel is bisected by a road, railroad, right of way, stream, or other natural feature on the land.

(8) Material Interference with Goals of Land Use Plan. No land shall be divided if the Town Board determines that it will materially interfere with existing agricultural uses or will conflict with other goals, objectives and policies as set forth in the Town of Eau Galle Land Use Plan.

(9) Threat to Groundwater. No land shall be divided for a purpose that poses a significant threat to the quality or quantity of Town groundwater.

(10) Unsuitable Conditions. No land shall be subdivided which is held unsuitable for its proposed use by the Town Plan Commission for reason of flooding, inadequate drainage, dangerous or hazardous land conditions, adverse soil or rock formation, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal or maintenance capabilities, undue costs and inefficiencies in the provision of governmental services, or any other feature likely to be harmful to the health, safety or welfare of future residents of the Town. The Plan Commission may require the land divider to furnish maps, data and other information as may be necessary to determine land suitability

1.14 PRELIMINARY CONSULTATION

It is recommended that, prior to filing an application for land division approval, the land divider shall schedule and attend a preliminary consultation with the Town of Eau Galle. Information on meeting dates, agenda deadlines, and filing requirements may be obtained from the Town Clerk. This consultation is neither formal nor mandatory, but is intended to inform the land divider of the purpose and objectives of this Ordinance, the comprehensive plan, and other duly adopted plan implementation devices of the Town, and to otherwise assist the land divider in planning development. In so doing, both the land divider and the Commission may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The land divider will also gain a better understanding of the subsequent required procedures.

The land divider is asked to submit a conceptual plan drawn to a reasonable scale depicting the proposed general lot layout, exterior boundaries, roadways, known easements, approximate location of existing or proposed improvements, approximate location of existing land use and cover types, and any other information to fully and clearly represent the proposed land division. The concept plan shall be submitted at least 10 (ten) days prior to the scheduled meeting to give the Commission time to prepare for the meeting.

1.15 LAND DIVISION APPLICATION AND SKETCH MAP SUBMITTAL

Any land divider who shall divide land located in the Town of Eau Galle that creates a land division as defined in this Ordinance shall comply with the following procedure.

(1) Land Division Application. Submit a completed Land Division Application (available from Town of Eau Galle Clerk) with the appropriate fee and the following required attachments to the Town Clerk.

(a) The name and address and phone number of the owner of the property and the land divider.

(b) The location and size of the property.

(c) The names and addresses of all adjacent landowners.

(d) Statement of intended use.

(e) The name and address and phone number of the surveyor who will be doing the work.

(f) The present use of the land.

(g) The intended future use of the land.

(h) Existing zoning and other land use controls on and adjacent to the proposed land division.

(i) The estimated timetable of development.

(2) Sketch Map. Accompanying the Land Division Application, the applicant shall submit a sketch map at a scale of 1” = 200’ or other appropriate scale. More than one attached sheet may be used but no sheet should be larger than 8 ½ x 14.” Each submission shall include all contiguously owned land except the sketch map need not show more than twenty (20) times the area of the intended certified survey. The sketch map shall show the following information:

(a) North arrow, date, scale, and reference to a section corner.

(b) Approximate dimensions and areas of the parcels and easements.

(c) Location and type of existing and proposed building and structures.

(d) Location of drainage ditches, water wells, sewerage systems, and other features pertinent to the division.

(e) Location of existing and proposed roads and driveways and distances to the nearest adjoining driveways on both sides of the proposed site.

(f) Location of general land cover types such as woodlands, wetlands, agricultural, etc.

(g) Location of any steep slopes ( 25% or steeper).

(h) Setback or building lines required by any approving agency and the Town Land Use Plan.

(i) The uses of the land adjacent to the property and existing roads, easements of record, public access to navigable water, dedicated areas and utilities.

(3) Additional Information. The Town Plan Commission may require additional information in order to make its decision on the land divider’s application.

1.16 PROCESSING OF APPLICATION

(1) Review. The Town Clerk shall review the Land Division Application and Sketch Map for completeness, including payment of applicable fees, within 15 working days of receipt. The Town Clerk shall notify the land divider by certified mail if the application is determined to be incomplete. The Town Clerk shall provide written reasons for the incompleteness of the application with the notification.

(2) Processing. The Town Clerk shall, within 15 working days after filing, transmit the copies of the Land Division Application and Sketch Map to the Town Plan Commission.

(3) Notice and Agenda. The Town Clerk shall send to the land divider, by certified mail, a notice and agenda of the scheduled date of the Town Plan Commission meeting to consider the application no later than 15 days prior to the date of the meeting.

(4) Presentation to Commission. The land divider or the land divider’s designee shall attend the meeting and present the Land Division Application and sketch map to the Town Plan Commission for its consideration. Failure of the land divider or designee to attend the meeting may be used as grounds to recommend denial of the land division application.

1.17 PRELIMINARY APPROVAL, CONDITIONAL APPROVAL, REJECTION

(1) Plan Commission Review. The Land Division Application, Sketch Map, and other relevant information shall be reviewed by the Town Plan Commission for conformance with this Ordinance, the land use plan, and all other applicable Town laws, ordinances, rules, regulations, and plans. The Plan Commission may also review applicable County, State, and federal laws, ordinances, rules, regulations, and plans which may affect the land division.

(2) Timeline.

(a) Unless the timeline is extended by agreement with the land divider, the Town Plan Commission shall, within 45 days from the date the Town deems the Land Division Application complete, including receipt of all additional information requested, recommend preliminary approval, conditional approval or rejection of the Sketch Map, and shall transmit the Land Division Application, Sketch Map, and additional information, along with its recommendations to the Town Board.

(b) Unless the timeline is extended by agreement with the land divider, the Town Board shall, within 60 days of the date the Town deems the Land Division Application complete, grant preliminary approval, conditional approval or rejection of the Land Division Application pending submission of the Certified Survey Map. One copy of the Land Division Application shall thereupon be returned to the land divider with the date and action endorsed thereon. If approved conditionally or rejected, the conditions or reasons for rejection shall be stated in the minutes of the meeting and a letter setting forth the conditions of approval or the reasons for rejection shall be sent to the land divider. The reason or reasons for conditional approval or rejection may include nonconformance with this Ordinance, with the comprehensive plan/master plan/land use plan, with Town laws, ordinances, rules, regulations, or plans. One copy of the land Division Application shall be filed in the Town records.

(3) Rejection. In the event of a rejection of the proposed land division, the Town Plan Commission shall recite in writing the particular facts upon which it bases its conclusion that the land is not suitable for the division. The Plan Commission shall also afford the land divider an opportunity to review the Plan Commission’s decision of unsuitability and present evidence refuting the determination, if so desired. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability. The Town Board may affirm, modify, or override the Plan Commission’s recommendation. The Town Board shall recite in writing findings for any decision to modify or override the Plan Commission’s recommendation.

(4) Re-application. If the Town Board denies two (2) consecutive Land Division Applications for the same parcel, no subsequent re-application for a land division permit for that parcel will be considered within three (3) months of the second denial.

1.18 CERTIFIED SURVEY MAP

(1) General. A Certified Survey Map prepared by a land surveyor registered in this state shall be required for all land divisions that creates any lot. All required Certified Survey Maps shall comply in all respects with sec. 236.34 of the Wisconsin Statutes and state survey standards.

(2) Information Required on the Map Face Page. The map shall show correctly on its face, in addition to the information required by sec. 236.34 of the Wisconsin Statutes, the following:

(a) All existing buildings, water courses, drainage ditches, and other features pertinent to the property division, including the location of water wells, dry wells, drain fields, pipes, culverts, and existing roads.

(b) The building envelope and its distance from two (2) property lines, if a building location was approved by the Town Board.

(c) Area of lot in acres.

(d) Date of the map.

(e) Graphic scale.

(f) Entire area contiguous to plat or controlled by owner or land divider.

(3) Information Required on the Signature Page. The Certified Survey Map shall include in its certifications, in addition to the information required by sec. 236.34 of the Wisconsin Statutes, the following:

(a) A legal description of the parcel; the surveyor’s name, address, and signature; a statement from the surveyor that the surveyor has fully complied with all the provisions of this Ordinance.

(b) The owner’s name, address, and signature.

(c) Signature lines and dates for approval by the Town Chairperson and Town Clerk.

(4) Certified Survey Map Approval. The Certified Survey Map is entitled to final approval if the Certified Survey Map, together with all required information, is submitted within six (6) months of the last required preliminary approval and it substantially conforms to all of the following:

(a) The Land Division Application and Sketch Map as preliminarily approved.

(b) Any and all conditions of approval.

(c) Adopted local plans and ordinances.

(d) All requirements for division.

If the Certified Survey Map is not submitted within six (6) months of the last approval or the Certified Survey Map is substantially different, the Certified Survey Map may be rejected and the preliminary approval process must be repeated.

(5) Recording. The land divider shall record the Certified Survey Map with the St. Croix County Register of Deeds after it has been approved, and shall file a certified copy of the recorded map with the Town Clerk within 30 days after the map is recorded.

1.19 COSTS OF APPLICATION REVIEW

(1) Application Review Fee. All land division applications shall be accompanied by an application review fee. The fee shall be established by the Board as set forth in the Town of Eau Galle Fee Schedule.
The Land divider shall provide an inspector acceptable to the town to certify compliance with all requirements stated or referred to in this Ordinance.
A bond or irrevocable letter of credit shall be presented by the land divider in the name of the Town of Eau Galle.. The bond or irrevocable letter of credit will be equal to 110% of the St. Croix County Highway department estimate to construct the subdivision roads, and is due at the time of final plat review. Said bond or irrevocable letter of credit shall automatically renew for 1 year after all construction is completed to Town standards.
All drafts must be marked as “drawn under” _________________Bank Letter of Credit No.____________, dated_____________, and must be accompanied by the following:
(A) TOWN OF EAU GALLE’S MANUALLY SIGNED STATEMENT STATING THAT (DEVELOPER) HAS NOT COMPLETED A PUBLIC IMPROVEMENT OR REPAIRED DEFECTIVE PUBLIC IMPROVEMENT PURSUANT TO TOWN OF EAU GALLE LAND DIVISION ORDINANCE, OR STATING THAT (DEVELOPER) IS OTHERWISE IN DEFAULT UNDER THE TERMS OF SAID ORDINANCE
Subdivision road construction shall begin no later than 30 days after issuance of the first subdivision building permit, and shall be completed within 120 days after commencement, unless alternate deadlines are agreed to by the Town.
Failure to comply with any requirement of this section shall result in forfeiture of the bond or irrevocable letter of credit.
The Town assumes no liability for road construction.
(2) Costs. All reasonable costs incurred by the Town or its Agents to properly review each Land Division Application will be borne by the applicant. The applicant shall be responsible for reimbursing the town for engineering, inspection, legal, and administrative costs incurred by the Town in reviewing land divisions. The Town may require that all or a portion of the known costs of application review be paid in advance.

1.20 VIOLATIONS

It shall be unlawful to build upon, divide, convey, record, or place monuments on any land in violation of this Ordinance or the Wisconsin Statutes. No person, partnership, corporation, or other legal entity shall be issued a driveway permit or a building permit, authorizing the building on, or improvement of, any land division within the jurisdiction of this Ordinance not of record as of the effective date of this Ordinance until the provisions and requirements of this Ordinance have been fully met. The Town may institute appropriate action or proceedings to enjoin violations of this Ordinance.

1.21 PENALTIES

(1) Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than $100 plus any additional applicable costs incurred by the Town for each offense. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include the following:

(a) Recordation improperly made carries penalties as provided in Section 236.30 of the Wisconsin Statutes.

(b) Conveyance of lots in unrecorded plats carries penalties as provided in Section 236.31 of the Wisconsin Statutes.

(c) Monuments disturbed or not placed carries penalties as provided in Section 236.32 of the Wisconsin Statutes.

(2) Enjoinment. No person shall sell land in lots unless the lots have been lawfully approved pursuant to the terms of this Ordinance or any predecessor procedure. The unlawful sale of lots is deemed to be a public nuisance, which may be enjoined by a court of record.

1.22 PLAN COMMISSION RECOMMENDATION

The Town Plan Commission recommended adoption of this Land Division Ordinance at a meeting held on the 26 day of August, 2009.

1.23 TOWN BOARD APPROVAL

The Town Board of the Town of Eau Galle concurred with the recommendations of the Plan Commission and adopted the Land Division Ordinance at a meeting held on the 9 Day of November, 2009.

APPROVED BY:
James Lund, Chairperson

David North, Supervisor

Barry Serier, Supervisor

ATTESTED BY:

William Peavey, Clerk

1.24 EFFECTIVE DATE

This Land Division Ordinance shall take effect and be in force from and after the day after adoption and publication as required by law.

Public Notice.

(a) Public Review. A notice was published in the Baldwin Bulletin on October 29, 2009, to inform residents that a final draft of this Land Division Ordinance was on file with the Town Clerk for a two-week period during which it was available for inspection.

(b) Posting. A Notice of Adoption of Ordinances relating to this Ordinance was posted on October 26, at the TOWN HALL.

(c) Publication. A Notice of Adoption of Ordinances relating to this Ordinance was published in the Baldwin Bulletin, the publication of record for the TOWN of Eau Galle, on November 17, 2009.