The following definitions shall be applicable in this chapter:
ALLEY
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
ARTERIAL STREET
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land.
BLOCK
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
COLLECTOR STREET
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
COMMISSION
The Plan Commission created by the Village Board pursuant
to § 62.23, Wis. Stats., if one is created.
COMPREHENSIVE PLAN
A Comprehensive Plan prepared by the Village indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
CUL-DE-SAC
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
DIVISION OF LAND
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions change the title from a joint
tenancy to a tenancy in common or from a tenancy in common to a joint
tenancy.
EASEMENT
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
FINAL PLAT
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds. Said plat must
conform to all state laws.
FRONTAGE STREET
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
LOCAL STREET
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
LOT
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
LOT AREA
The area contained within the exterior boundaries of a lot,
excluding streets, easements and land under navigable bodies of water.
LOT, CORNER
A lot abutting intersecting streets at their intersection.
LOT LINES
The peripheral boundaries of a lot as defined herein.
LOT, REVERSED CORNER
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
LOT, THROUGH
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
LOT WIDTH
The width of a parcel of land measured along the front building
line.
MAJOR STREET
A street used or intended to be used primarily for fast or
heavy through traffic. Major streets shall include freeways, expressways
and other highways and parkways, as well as arterial streets.
MARGINAL ACCESS STREET
A street which is parallel to and adjacent to major streets
and which provides access to abutting properties and protection from
traffic on the major street.
MINOR STREET
A street used, or intended to be used, primarily for access
to abutting properties.
MINOR SUBDIVISION
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
OWNER
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
PEDESTRIAN PATHWAY
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
PLAT
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Village for approval.
PRELIMINARY PLAT
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Village
Board for its consideration as to compliance with the Comprehensive
Plan and this chapter along with required supporting data.
PROTECTIVE COVENANTS
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
REPLAT
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
SHORELANDS
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
SUBDIVIDER
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
SUBDIVISION
The division of a lot, outlot, parcel, or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres or less in area
or where the act of division creates five or more parcels or building
sites by successive division within a period of five years, whether
done by the original owner or a successor owner.
WETLANDS
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
WISCONSIN ADMINISTRATIVE CODE
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
When it is proposed to divide land into two parcels or building
sites, any one of which is less than five acres, or when it is proposed
to divide a block, lot or outlot into not more than four parcels or
building sites within a recorded subdivision plat without changing
the exterior boundaries of the block, lot or outlot, the subdivider
shall subdivide by use of a certified survey map prepared in accordance
with § 236.34, Wis. Stats., and this section.
A. Submission.
The subdivider may consult with the Village Board regarding the requirements
for minor subdivision certified surveys before submission of the final
map. Following consultation, a copy of the final map in the form of
a certified survey map shall be submitted to the Village.
B. Proposed
layout. The Village Board may require a proposed subdivision layout
of all or part of the contiguously owned land, even though division
is not planned at the time.
C. Certified
survey. The following procedures shall be followed with certified
surveys:
(1) The subdivider shall cause a certified survey map to be prepared
in accordance with § 236.34, Wis. Stats., and this chapter
and submit 10 copies to the Village Clerk-Treasurer. The map shall
be reviewed by the Village Board for conformance with this chapter
and all ordinances, rules, regulations, Comprehensive Plans and Comprehensive
Plan components which affect it. The Village Board shall approve,
approve conditionally or reject such map within 90 days from the date
of filing of the map, unless the time is extended by agreement with
the subdivider. If the map is rejected, the reason shall be stated
in the minutes of the meeting and a written statement forwarded to
the subdivider.
(2) The subdivider shall record the map with the County Register of Deeds as prescribed in §
463-5G of this chapter. Failure to do so shall necessitate reapproval of the map by the Village Board.
D. Requirements.
To the extent reasonably practicable, the certified survey/minor subdivision
plat shall comply with the provisions of this chapter relating to
general requirements, design standards and required improvements.
Conveyance by metes and bounds shall be prohibited where the lot(s)
involved is less than 1 1/2 acres or 300 feet in width.
The subdivider shall grade each land division in order to establish
street, block and lot grades in proper relation to each other and
to topography as follows:
A. Master site grading plan.
(1) A master site grading plan shall be prepared by the subdivider for
all new subdivisions. This plan shall be prepared in accordance with
the requirements and standards of the Village.
(2) The master site grading plan shall show existing and proposed elevations
of all lot corners, control points and building locations. The plan
shall also indicate all overland storm drainage in and adjacent to
the subdivision. The cost of the preparation of such a plan shall
be paid for by the subdivider.
(3) After approval or modification of these plans by the Village Engineer,
the full width of the right-of-way of the proposed streets within
the subdivision and the entire subdivision lot area shall be graded
in accordance with the master site grading plan. The owners of the
subdivision lots shall adhere to those plans.
(4) Upon completion of all street and subdivision grading, the grades
shall be checked and certified by the Village Engineer to determine
that the completed grading work is in accordance with the master site
grading plan.
(5) The cost of all required grading work, supervision, certification,
inspection and engineering fees shall be paid for by the subdivider.
B. Right-of-way grading. The subdivider shall grade the full width of
the right-of-way of all proposed streets in accordance with the approved
plans, including the grading of sight triangles at each intersection.
C. Block grading. Block grading shall be completed by one or more of
the following methods:
(1) Regrading along the side or rear lot lines which provides for drainage
to the public drainage facilities, provided any ditches or swales
are in public drainage easements, provided that a deed restriction
is adopted which prohibits alteration of the grades within five feet
of any property line from the grades shown on the master site grading
plan.
(2) Parts of all lots may be graded to provide for drainage to a ditch
or to a swale.
D. Miscellaneous grading requirements.
(1) Lot grading shall be completed so that water drains away from each
building site toward public drainage facilities at a grade approved
by the Village Engineer, and provisions shall be made to prevent drainage
onto properties adjacent to the land division unless to a public drainage
facility.
(2) Grading activities shall not result in slopes greater than 3:1 on
public lands or lands subject to public access.
(3) The topsoil stripped for grading shall not be removed from the site
unless identified in the erosion control plan approved by the Village
Engineer as not being necessary for erosion control or site landscaping
purposes. Topsoil shall be uniformly returned to the lots when rough
grading is finished. Topsoil piles shall be leveled and seeded for
erosion control prior to the Village releasing the one-year guarantee
provision on public improvements in the streets adjacent to the lots
on which the topsoil is stockpiled.
(4) Such grading shall not result in detriment to any existing developed
lands, either within or outside of the corporate limits.
(5) Minimum
ground slopes from lower-level exposures shall be a minimum of 1/4
inch per foot away from the building and any lower-level exposures
shall be a minimum of 24 inches above the lowest point on the lot,
unless the owner proposes and implements a reasonable engineering
practice designed to mitigate the effects of altered drainage following
a substantial drainage activity.
[Added 12-6-2021 by Ord. No. 2021-08]
(6) The
elevation of any lot shall not be changed so as to materially affect
the surface elevation, grade or drainage patterns to the surrounding
lots. The grading of each lot in the subdivision by the owner shall
conform to the Master Grading Plan approved by the Village, and no
alteration of the finished grade from those shown on the Master Grading
Plan shall be allowed within five feet of any property line. Approved
as-built grades shall not be altered within six feet of a lot line
under any circumstances. Any owner who violates this subsection may
be required to restore the surface elevation, grade or drainage patterns
to the surrounding lots at the owner's sole expense. If, following
30 days' written notice to the owner of being found guilty of the
provisions of this subsection, the owner does not remedy the violation,
the Village, or a contractor hired by Village, shall have the right
to access the owner's property for the purpose of remedying the violation.
If the Village is required to remedy the violation, any and all costs
incurred by the Village to remedy the violation shall be charged back
to the owner as a special charge pursuant to the provisions of § 66.0627
of the Wisconsin Statutes.
[Added 12-6-2021 by Ord. No. 2021-08]
E. Drainage flows. The subdivider shall cause to be set upon the master
grading plan arrows indicating the directions of drainage flows for
each property line not fronting on a street on all parcels and along
each street as will result from the grading of the site, the construction
of the required public improvements, or which are existing drainage
flows and will remain. The arrows indicating the directions of flows
shall be appropriately weighted so as to differentiate between the
minor and major (one-hundred-year event) drainage components. The
arrows shall be accompanied on the master grading plan with the following
note: "Arrows indicate the direction of drainage flows in various
components resulting from site grading and the construction of required
public improvements. The drainage flow components located in easements
shall be maintained and preserved by the property owner unless approved
by the Village Engineer."