Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Herman, WI
Dodge County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
In any division or development of land the street layout shall conform to the arrangement, width and location indicated on the Official Map, county jurisdictional highway system plan, Comprehensive Plan or plan component, or precise neighborhood unit development plan of the municipality. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas. All proposed roads and/or streets shall comply with the Town road standards as adopted by the governing body. The division or development shall be designed so as to provide each lot with satisfactory access to a public street. In addition:
A. 
Arterial streets, as hereafter defined, shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect.
B. 
Collector streets, as hereafter defined, shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the major street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches and shopping centers and other concentrations of population and to the major streets to which they connect.
C. 
Minor streets, as hereafter defined, shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide for safe and convenient access to abutting property.
D. 
Proposed streets shall extend to the boundary lines of the tract being divided or developed unless prevented by topography or other physical conditions or unless, in the opinion of the Plan Commission and governing body, such extension is not necessary or desirable for the coordination of the layout of the development or for the advantageous development of the adjacent tracts.
E. 
Arterial street and highway protection. Whenever the proposed development contains or is adjacent to a collector street or arterial street, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage, with screen planting contained in a nonaccess reservation along the rear property line, or by the use of frontage streets.
F. 
Frontage streets. A frontage street shall be designed in relation to the street which it serves and to the existing topography to provide for safe traffic flow and property value preservation.
G. 
Stream or lake shores shall have a minimum of 60 feet of public access platted to the low-water mark at intervals of not more than one-half mile as required by § 236.16(3), Wis. Stats.
H. 
Street names shall not duplicate or be similar to existing street names elsewhere in the municipality, and existing street names shall be projected wherever possible. Street names and numbers shall comply with the Municipal Code of the municipality.
I. 
Reserve strips controlling access to streets shall be prohibited except where the access control has been placed under the governing body control and such control has been accepted by the governing body.
Whenever the proposed division or development contains or is adjacent to a limited access highway or railroad right-of-way, the design shall provide the following treatment:
A. 
When lots within the proposed division or development back upon the right-of-way of an existing or proposed limited access highway or a railroad, a planting strip at least 30 feet in depth shall be provided adjacent to the highway or railroad in addition to the normal lot depth. This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees and shrubs, the building of structures hereon is prohibited."
B. 
When lots within the proposed division or development front upon the right-of-way of an existing or proposed limited access highway or a railroad, said lots should be platted with extra depth to permit generous distances between the buildings and such traffic ways.
C. 
Commercial and industrial properties shall have provided, on each side of the limited access highway or railroad, streets approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but not less than 150 feet.
D. 
Streets parallel to a limited access highway or railroad right-of-way, when intersecting a collector street or arterial street which crosses said railroad or highway, shall be located at a minimum distance of 250 feet from said highway or railroad right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.
E. 
Minor streets immediately adjacent and parallel to railroad rights-of-way shall be avoided, and location of minor streets immediately adjacent to arterial streets and highways and to railroad rights-of-way shall be avoided in residential areas.
The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified by the Comprehensive Plan, Comprehensive Plan component, Official Map, neighborhood development study, or jurisdictional highway system plan, or, if no width is specified therein, the minimum width shall be as set by the Town Board. Street sections are for standard arterial streets only. Cross sections for freeways, expressways and parkways should be based upon detailed engineering studies. In addition:
A. 
All streets or system of streets designed to have one end of any street in the system closed, whether temporarily or permanently, shall not exceed in any manner 1,200 feet in length. The Town Plan Commission and Town Board may grant a special exception from the cul-de-sac length upon the property owner and/or the developer demonstrating that the proposed cul-de-sac is only temporary. The owner and/or developer may request that the Town Plan Commission and Town Board grant a special exception as follows:
(1) 
Written request. The owner and/or developer shall submit a written request for a special exception to the Town Clerk. The request shall state the reasons for requesting the special exception. In addition, the application shall include the following:
(a) 
Written documentation from all adjacent property owners that the owner/developer has contacted them regarding the proposed development shall be submitted to the Town Clerk prior to the Town Plan Commission and/or governing body reviewing said special exception.
(b) 
An overall development plan of the property to be developed and the adjacent properties shall be submitted to the Town Plan Commission and governing body for review.
(c) 
Any additional information as may be required by the Town Plan Commission and/or Town Board in order to render an informed decision shall be submitted.
(2) 
Referral to Plan Commission and governing body. Upon receipt of a written request for a special exception, the Town Clerk shall, within a reasonable time, place the matter on a Plan Commission and a governing body agenda for review and action.
(3) 
Considerations. The Plan Commission and governing body shall each make a separate determination and may, as deemed necessary by the Plan Commission and/or governing body, establish conditions of approval. The most restrictive conditions of the Plan Commission and/or governing body shall govern. The Plan Commission and governing body shall consider of the following factors:
(a) 
Whether the request for a special exception, if granted, would be consistent with the general intent of this chapter.
(b) 
Whether the proposed cul-de-sac street extends to the boundary lines of the tract being divided or developed.
(c) 
Whether the owner/developer demonstrated that the proposed location of the cul-de-sac termination will allow the neighboring property to develop in a reasonable manner.
(d) 
Whether the proposed street arrangement complies with the Official Town Map.
(e) 
Whether the proposed temporary cul-de-sac is intended to be extended at some point in the future.
(f) 
The proposed cul-de-sac shall not terminate at an environmentally sensitive area, including but not limited to a wetland/conservancy area, floodplain or an area of steep slopes.
(g) 
Whether the Plan Commission and/or governing body determined if such extension is necessary and desirable for the coordination of the layout of the development or for the advantageous development of the adjacent tracts.
B. 
All streets designed to have one end closed, whether temporarily or permanently, shall terminate in a circular turnaround having a minimum right-of-way radius of 66 feet. Temporary termination of streets shown on the Official Map intended to be extended at a later date shall be accomplished with a temporary cul-de-sac in accordance with the standards set forth above. Notwithstanding the foregoing, a temporary "T" intersection 33 feet in width and 33 feet in length abutting the right-of-way lines of the access street on each side may be approved by the governing body if the governing body finds that the temporary cul-de-sac does not serve more than one parcel on each side of the street that the temporary cul-de-sac ends. The road construction standards for a temporary "T" intersection shall be established by the governing body on consultation with the Town Engineer and may be amended and revised from time to time by separate resolution and shall be on file with the Town Clerk.
C. 
Roadway elevations. Elevations of roadways passing through floodplain areas shall be designed in the following manner:
(1) 
Arterial highways shall be designed so they will not be overtopped by the fifty-year recurrence interval flood.
(2) 
Collectors and local streets shall be designed so they will not be overtopped by the ten-year recurrence interval flood.
D. 
New and replacement bridges and culverts. All new and replacement bridges and culverts over perennial waterways, including pedestrian and other minor bridges, in addition to meeting other applicable requirements, shall be designed so as to accommodate the one-hundred-year recurrence interval flood event without raising the peak stage, either upstream or downstream, more than 0.01 foot above the peak stage for the one-hundred-year recurrence interval flood, as established in the applicable federal flood insurance study or other technical study. Larger permissible flood stage increases may be acceptable for reaches having topographic land use conditions which could accommodate the increased stage without creating additional flood damage potential upstream or downstream of the proposed structure, provided that flood easements or other appropriate legal measures have been secured from all property owners affected by the excess stage increases.
E. 
Street grades.
(1) 
Unless necessitated by exceptional topography, subject to the approval of the Plan Commission, the maximum center-line grade of any street or public way shall not exceed the following:
(a) 
Arterial streets: 6%.
(b) 
Collector streets: 8%.
(c) 
Minor streets, alleys and frontage roads: 10%.
(2) 
The grade of any street shall in no case exceed 10% or be less than 1/2 of 1%.
(3) 
Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical parabolic curves of a minimum length equivalent in feet to 30 times the algebraic difference in the rates of grade for streets, provided that no curve less than 60 feet in length need be used.
F. 
Radii of curvature.
(1) 
When a continuous street center line deflects at any one point by more than 10°, a circular curve shall be introduced having a radius of curvature on said center line of not less than the following:
(a) 
Arterial streets and highways: 500 feet.
(b) 
Collector streets: 300 feet.
(c) 
Minor streets: 100 feet.
(2) 
A tangent at least 100 feet in length shall be provided between reverse curves on arterial and collector streets.
G. 
Half streets. Where an existing dedicated or platted half street is adjacent to the tract being divided or developed, the other half of the street shall be dedicated by the owner. The platting of new half streets shall not be permitted.
H. 
Intersection design requirements. Intersection design requirements are hereby established as set forth on Exhibit B on file with the Town Clerk, as adopted by the Town Board and all amendments thereto. The Town Board reserves the right to amend Exhibit B without the necessity of a public hearing.
Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition:
A. 
The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than two.
B. 
The number of intersections. The number of intersections along collector streets and arterial streets shall be held to a minimum, and the distance between intersections on collector streets shall not be less than 1,200 feet.
C. 
Property lines at street intersections shall be rounded with a minimum radius of 15 feet, or of a greater radius when required by the Plan Commission and governing body, or shall be cut off by a straight line through the points of tangency of an arc having a radius of 15 feet.
D. 
Minor streets shall not necessarily continue across arterial or collector streets, but if the center lines of such minor streets approach the major streets from opposite sides within 250 feet of each other, measured along the center line of the arterial or collector street, then the location shall be so adjusted that the adjoinment across the major or collector street is continuous and a jog is avoided.
The widths, lengths, and shapes of blocks shall be suited to the planned use of the land; zoning requirements; need for convenient access; control and safety of street traffic; and the limitations and opportunities of topography. In addition:
A. 
The length of blocks in residential areas shall not as a general rule be less than 400 feet nor more than 2,000 feet in length unless otherwise dictated by exceptional topography or other limiting factors of good design.
B. 
Pedestrianways of not less than 15 feet in width may be required near the center and entirely across any block over 900 feet in length where deemed essential by the Plan Commission and governing body to provide adequate pedestrian circulation or access to schools, parks, shopping centers, churches or transportation facilities.
C. 
The width of blocks shall be wide enough to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic. Width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions for such use.
D. 
Utility easements for electric power and telephone service shall, where practical, be placed on mid-block easements along rear lot lines.
The size, shape, and orientation of lots shall be appropriate for the location of the division or development and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the building contemplated. In addition:
A. 
Side lot lines shall be at right angles to straight street lines or radial to curved street lines on which the lots face. Lot lines shall follow municipal boundary lines rather than cross them.
B. 
Double frontage and reverse frontage lots shall be prohibited except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography or orientation.
C. 
Access. Every lot shall front or abut for a distance of at least 40 feet on a public street. Lots with access only to private drives shall be permitted only with governing body approval and subject to the conditions of said approval.
D. 
Area and dimensions of all lots shall conform to the requirements of Chapter 384, Zoning, of this Code. Those building sites not served by a public sanitary sewerage system or other approved system shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with the Wisconsin Administrative Code. The width and area of lots located on soils suitable for the use of an on-site soil absorption sewage disposal system shall not be less than 150 feet in width and 1 1/2 acres in area.
E. 
Depth of lots shall be a minimum of 125 feet. Excessive depth in relation to width shall be avoided and a proportion of two to one shall be considered a desirable ratio under normal conditions. Depth of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated. Lots shall be designed so the depth to width ratio does not exceed 2 1/2 to one unless a variance is granted by the Plan Commission and governing body.
F. 
Width of lots shall conform to the requirements of Chapter 384, Zoning, of this Code or other applicable ordinance, and in no case shall a lot be less than 60 feet in width at the building setback line. The width of lots on curves shall be measured at a point of tangency of the setback arc at the mid point of the curve for the lot.
G. 
Corner lots shall have an extra width of 10 feet to permit adequate building setbacks from side streets.
H. 
Lands lying between the meander line and the water's edge and any otherwise unplattable lands which lie between a proposed division or development and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or stream.
I. 
Oversized lots are allowed, but where lots are created of a size larger than normal for the area, the governing body may require that the division or development be so designed as to allow for the possible future redivision of such lots into normal sizes compatible with the immediate area.
Building setback lines appropriate to the location and type of development contemplated, which are more restrictive than the regulation of the zoning district in which the plat is located, may be required by the Plan Commission and/or governing body.
The Plan Commission and/or governing body may require utility easements of widths deemed adequate for the intended purpose on each side of all rear lot lines and on side lot lines or across lots where necessary or advisable for electric power, communication, and cable television lines, wires, conduits, storm and sanitary sewers, and gas, water and other utility lines. All easements for municipal utilities shall be dedicated to the municipality unless otherwise provided. Where a division or development is traversed by a watercourse, drainageway, channel or stream, an adequate drainageway or easement shall be provided as may be required by the Plan Commission and/or governing body. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Plan Commission and governing body, and parallel streets or parkways may be required in connection therewith. Where necessary stormwater drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow. These design details are subject to review and approval by the Municipal Engineer.
In order that adequate land for public uses may be properly located, preserved, developed, and improved as the municipality develops, and in order that the cost of providing the public facilities necessary to serve the additional individuals brought into the municipality may be most equitably apportioned on the basis of the additional need created by the individual development of land, the following provisions are established:
A. 
Dedication of land.
(1) 
Where it is determined by the Plan Commission and Town Board that a portion of the land is required for public use, the owner shall provide and dedicate to the municipality such land prior to the time the final land division is approved or, if no land division is proposed, prior to final approval of the development.
(2) 
The amount of land to be provided shall be determined on the basis of an amount of land equal in value to an amount determined from time to time by resolution of the Town Board.
(3) 
In the event the owner and municipality cannot agree as to the price to be paid for such land, the value shall then be determined by the Municipal Assessor on the basis of full and fair market value of the land prior to division or, if no division, development. If the owner is not satisfied with the Municipal Assessor's value, an appraisal board shall be created consisting of one appraiser selected by the municipality at its expense, and that person may be the Town Assessor, one selected by the owner at his expense and a third selected by the two other appraisers with the expense divided equally between the owner and the municipality. The determination of the appraisal board as to the value of the land should determine the valuation of the land. The test of the value of the land to be dedicated shall be in its undeveloped condition immediately before sale to the developer, division or, if no division, development based on fair market value and not as improved.
(4) 
Any lands dedicated under this provision shall be used for public purpose, including but not limited to public sites, park lands, recreation lands, or open spaces.
B. 
Proportionate payment in lieu of dedication.
(1) 
Where the Board determines that such dedication is not feasible or compatible with development of the municipality, the owner shall, in lieu thereof, pay to the municipality a fee in an amount established from time to time by resolution of the Town Board. This fee is to be placed into a separate nonlapsing fund for public and park land acquisition, development, preservation and improvement. Any fee paid in lieu of dedication may be used by the municipality for land acquisition, construction of public buildings, garages, or storage buildings, and any capital improvement on the public lands, including capital equipment acquisition.
(2) 
Payment of the above fee shall be made within 45 days of the final approval of any development and be made in a lump sum.
(3) 
Whenever the owner presents development plans whereby separate parcels are not in fact created, such as planned unit developments, apartment houses, or condominiums, each unit shall be subject to the above fees.