[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 10, Ch. 3 of the 1986 Code. Amendments noted where applicable.]
A.
Introduction. In accordance with the authority granted
by § 236.45, Wis. Stats., and for the purposes listed in §§ 236.01
and 236.45, Wis. Stats., the Village Board of the Village of Webster does
hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be minimum
requirements adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the village.
(2)
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote the
public health, safety, convenience and general welfare. The regulations are
designed to lessen congestion in the streets; to foster the orderly layout
and use of land; to ensure safety from fire, flooding, panic and other dangers;
to provide optimum light and air; to discourage overcrowding of the land;
to lessen concentration of population; to facilitate adequate provision of
transportation, public water and sewerage, schools, parks, playgrounds and
other public necessities; and to facilitate the further division of large
tracts of land into smaller parcels. The regulations are made with reasonable
consideration of, but not limited to, the present character of the village
and its environs, with the objectives of conserving the value of the land
and improvements placed thereon, providing the most appropriate environment
for human habitation, encouraging commerce and industry and providing for
the most appropriate use of land in the village.
As used in this chapter, the following terms shall have the meanings
indicated:
A public right-of-way usually not less than 30 feet in width which
normally affords a secondary means of vehicular access to abutting property.
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. An arterial street system is designated on the village's
Master Plan.
A map intending to create not more than four parcels of land as provided
in § 236.34, Wis. Stats. Certified survey maps shall, in addition
to the provisions of § 236.34, bear a certificate of approval of
the Village Board, certified by the Village Clerk-Treasurer.
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.
A short street having one end open to traffic and the other end permanently
terminated in a vehicular turnaround.
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.
A street of little or no continuity designed to provide access to
abutting property and leading into collector streets.
A piece, parcel or plot of land intended for building development or as a unit for transfer of ownership and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions pursuant to Chapter 298, Zoning, except as specifically authorized by the Village Board.
The total area in a horizontal plane within the peripheral boundaries
of a lot.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as defined herein.
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.
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.
The width of a parcel of land measured along the front building line.
A street used or intended to be used primarily for fast or heavy
through traffic. Major thoroughfares shall include freeways, expressways and
other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from traffic
on the major street.
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.
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.
The map, drawing or chart on which the subdivider's plan of
subdivision is presented to the Village Board for approval.
A division of a lot, parcel or tract of land by the owner thereof
or his agent for the purpose of sale or building development, where:
A.
Compliance. No person shall divide any land located within
the jurisdictional limits of these regulations which results in a subdivision,
land division or a replat as defined herein; no such subdivision, land division
or replat shall be entitled to record; and no street shall be laid out or
improvements made to land without compliance with all requirements of this
chapter and the following:
(1)
The provisions of Chapter 236 and § 80.08,
Wis. Stats.
(2)
The rules of the Division of Health contained in Chapter
H 65, Wis. Adm. Code, for subdivisions not served by public sewer.
(3)
The rules of the Division of Highways, Wisconsin Department
of Transportation, contained in Chapter HY 33, Wis. Adm. Code, for subdivisions
which abut a state trunk highway or connecting street.
(4)
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for Floodplain Management Program.
B.
Jurisdiction.
(1)
Jurisdiction of these regulations shall include all lands
within the corporate limits of the village as well as the unincorporated area
within 11/2 miles of the corporate limits as provided in §§ 236.10
and 62.23, 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:
(a)
Transfers of interest in land by will or pursuant to
court order.
(b)
Leases for a term not to exceed 10 years, mortgages or
easements.
(c)
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and the lots
resulting are not reduced below the minimum sizes required by this chapter
or other applicable laws or ordinances.
(2)
In planning and developing a subdivision in an unincorporated area of Burnett County within 11/2 miles of the incorporated limits of the Village of Webster as provided by § 236.02(5), Wis. Stats., the subdivider or his agent shall follow the procedures outlined in § 263-4 and §§ 236.10 and 236.12, Wis. Stats.
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.
Permits. No building permit shall be issued by the village
authorizing the building on 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 met.
A.
Subdivisions.
(1)
Preliminary meetings. Before filing a preliminary plat
or certified survey the subdivider is encouraged to consult with the Village
Board, Plan Commission and/or its consulting staff for advice regarding general
subdivision requirements. A sketch of the proposed subdivision drawn on a
topographic survey map should be submitted. The subdivider shall also submit
a location map showing the relationship of the proposed subdivision to traffic
arteries and existing community facilities.[1]
(2)
Preliminary plat.
(a)
The subdivider shall submit to the Village Board and
to those agencies having the authority to object to plats under provisions
in Chapter 236, Wis. Stats., a preliminary plat (or certified survey) based
upon an accurate exterior boundary survey by a registered land surveyor which
shall show clearly the proposed subdivision at a scale of not more than one
inch per 100 feet having two-foot contour intervals, shall identify the improvements
(grading, tree planting, paving, installation of facilities and dedications
of land) and easements which the subdivider proposes to make and shall indicate
by accompanying letter when the improvements will be provided. Any proposed
restrictive covenants for the land involved shall be submitted.
(b)
The Village Board shall, at its option, submit a copy
of the preliminary plat to the Village Engineer and/or Land Planning Consultant
for review and written report of his recommendations and reactions to the
proposed plat. The Plan Commission shall make an advisory recommendation to
the Village Board.
(c)
The Village Board shall, within 90 days of the date the
plat was filed with the Village Clerk-Treasurer, approve conditionally or
reject such plat and shall state, in writing, any conditions of approval or
reasons for rejection, unless the time is extended by agreement by the subdivider.
Failure of the Village Board to act within 90 days or extension thereof shall
constitute an approval of the preliminary plat, unless other authorized agencies
object to the plat. The Clerk-Treasurer shall communicate to the subdivider
the action of the Village Board. If the plat or map is approved, the Clerk-Treasurer
shall endorse it for the Village Board.[2]
(d)
Upon filing the preliminary plat or map with the village,
the owner shall pay a fee as established by the Village Board.
(e)
Approval of the preliminary plat shall entitle the subdivider
to final approval of the layout shown by such plat, provided the final plat
conforms substantially to such layout and conditions of approval have been
met.
(3)
Public improvements, plans and specifications. Simultaneously with the filing of the preliminary plat or map, the owner shall file with the Village Clerk-Treasurer two complete sets of preliminary plans and specifications for the construction of any public improvements required by § 263-9 of this chapter.
(4)
Property owners' association. The Village Board
and Plan Commission may require submission of a draft of the legal instruments
and rules for proposed property owners' associations when the subdivider
proposes that common property within a subdivision would be either owned or
maintained by such an organization of property owners.
(5)
Affidavit. The surveyor preparing the preliminary plat
shall certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that he has fully complied
with the provisions of this chapter.
(6)
Final plat.[3]
(a)
Final plats shall be submitted to the village within
24 months of preliminary plat acceptance unless this requirement is waived
in writing by the Village Board.
(b)
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and state
laws and shall be submitted for certification of those agencies having the
authority to object to the plat as provided by § 236.12(2), Wis.
Stats.
(c)
Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk-Treasurer two copies of the final plans and specifications of public improvements required by § 263-9 of this chapter.
(d)
At the Board's option, the Village Engineer may
examine the plat or map and final plans and specifications of public improvements
for technical details and, if he finds them satisfactory, shall so certify
in writing to the Board. The Plan Commission shall make an advisory recommendation
to the Village Board as to whether the final plat satisfies the requirements
of this chapter.
(e)
The final plat shall be accepted or rejected by the Village
Board within 60 days of its submission, unless the time is extended by an
agreement with the subdivider. Reasons for rejection shall be stated in the
minutes of the Village Board meeting and a copy thereof or a written statement
of such reasons supplied to the subdivider. If the Village Board fails to
act within 60 days and the time has not been extended by agreement and if
no unsatisfied objections have been filed within that period, the plat shall
be deemed to be approved. Following the approval of the plat as certified
by all necessary officials, the plat shall be recorded in accordance with
the requirements of the Wisconsin Statutes. The plat shall be recorded prior
to the time that lots are offered for sale, reference is made to the map for
sales purposes or use is made of lot and block numbers on the plat.
(f)
If the original of the final plat has been filed with
another approving authority, the subdivider may file a true copy of such plat
in lieu of the original. However, before approval of the Village Board will
be inscribed on the original of the final plat, the surveyor or subdivider
shall certify the respects in which the original of the final plat differs
from the true copy and all modifications must first be approved.
B.
Minor subdivisions.
(1)
Certified survey required. 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 out lot into not more
than four parcels or building sites within a recorded subdivision plat without
changing the exterior boundaries of the block, lot or out lot, the subdivider
shall subdivide by use of a certified survey map, prepared in accordance with
§ 236.34, Wis. Stats.
(2)
Procedure.
(a)
The subdivider may first 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 Board. The certified survey shall be reviewed, approved or disapproved pursuant to the procedures used for preliminary plats found in Subsection A(2)(a) through (d).
(b)
The Village Board shall, within 40 days of the filing,
approve conditionally or reject the map and shall notify the subdivider of
its decision. The Plan Commission shall make an advisory recommendation regarding
the certified survey request.
(c)
The subdivider shall record the map with the applicable
county register of deeds within 30 days of its approval by the Village Board
and any other approving agencies. Failure to do so shall necessitate reapproval
of the map by the Village Board.
(3)
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.
C.
Technical details.
(1)
Preliminary plat. A preliminary plat (or certified survey
map) shall be a legible print made from a drawing that shows correctly the
following:
(a)
Date, scale and North point.
(b)
Proposed name of the subdivision, if a plat.
(c)
Name and post office address of owner or his agent.
(d)
Small drawing showing the location of the land to be
divided.
(e)
Location and names of adjoining subdivisions and the
owners of undivided lands.
(f)
Present zoning of land to be divided and adjoining lands.
(g)
Reference to special requirements if the plat is located
in a floodplain zoning district.
(h)
Location, width and names of all existing and platted
streets, alleys or other public ways and easements, railroad and public utility
rights-of-way, parks, cemeteries, watercourses, drainage ditches, permanent
buildings, bridges and other pertinent data, as required by the Plan Commission,
within 300 feet of the proposed division of land or of property owned or controlled
by the owner.
(i)
Water elevations of adjoining lakes or streams at the
date of survey and the approximate high and low water levels thereof. All
elevations shall be referred to village datum.
(j)
Layout, width and approximate grades of all streets and
rights-of-way such as alleys, highways, easements for sewers, water mains
and other public utilities.
(k)
Direction and distance to nearest water mains and sewer
mains.
(l)
Approximate dimensions of and areas of all lots and parcels.
(n)
Contour lines at an interval of not more than 21/2 feet,
with reference to village datum.
(2)
Construction plans. As required by §§ 263-5 through 263-9 of this chapter, the owner shall furnish with the preliminary plat or map necessary construction plans of public improvements. If the owner so chooses, he may obtain approval of a preliminary plat as to layout only. If only a portion of the preliminary plat is to be improved and submitted for final approval, construction plans and specifications need be prepared for only such portion. However, the design of public improvements shall be based on the needs of the whole area and such additional area as in the judgment of the Village Board is necessary.
(3)
Final plat. A final plat of a subdivision shall comply
in all respects with the improvements of Chapter 236, Wis. Stats.
(4)
Final certified survey map. A final certified survey
map of a division of land not requiring a plat shall comply in all respects
with the requirements of § 236.34, Wis. Stats.
(5)
Deed restrictions. The Village Board shall require that
all deed restrictions and covenants be filed with the final plat.
(6)
Property owners' association. The Village Board
shall require that legal instruments creating a property owners' association
for the ownership and/or maintenance of common lands be filed with the final
plat.
D.
Engineering fee. The subdivider shall pay a fee equal
to the actual cost to the village for all engineering work incurred by the
village in connection with the plat or certified survey map.
E.
Administrative fee. The subdivider shall pay a fee equal
to the cost of any legal, administrative or fiscal work which may be undertaken
by the village in connection with the plat or certified survey map.
A.
Compliance with statutes. In laying out a subdivision,
the owner shall conform to the provisions of Chapter 236, Wis. Stats., and
all applicable Code sections. In all cases where the requirements of the Code
section are different from the requirements of Chapter 236, the more restrictive
provision shall apply.
B.
Dedication. The subdivider shall dedicate land and improve
streets as provided herein. Streets shall be located with due regard for topographical
conditions, natural features, existing and proposed streets, utilities and
land uses and public convenience and safety. Streets shall conform to the
Official Map of the village.
C.
Sufficient frontage. All lots shall have sufficient frontage
on a public street to allow access by emergency and service motor vehicles.
D.
Compliance with Official Map. Layout of streets shall
conform to the Official Map.
E.
Areas not covered by Official Map. In areas not covered
by the Official Map, the layout of streets shall conform to the plan for the
most advantageous development of adjoining areas of the neighborhood. Streets
shall be designed and located in relation to existing and officially planned
streets, topography and natural terrain, streams and lakes and existing tree
growth, public convenience and safety and in their appropriate relation to
the proposed use of the land to be served by such streets.
F.
Street classifications. Streets shall be classified as
indicated below.
(1)
Collector streets. Collector streets 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 special traffic generators such as schools, churches and shopping
centers and other concentrations of population and to the major streets into
which they feed.
(2)
Minor streets. Minor streets 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 safe and convenient access to abutting property.
(3)
Proposed streets. Proposed streets shall extend to the
boundary lines of the tract being subdivided unless prevented by topography
or other physical conditions or unless, in the opinion of the Village Board,
such extension is not necessary or desirable for the coordination of the layout
of the subdivision or land division or for the advantageous development of
the adjacent tracts.
(4)
Reserve strips. Reserve strips shall not be provided
on any plat to control access to streets or alleys, except where control of
such strips is placed with the village under conditions approved by the Village
Board.
(5)
Alleys. Alleys may be provided in commercial and industrial
districts for off-street loading and service access but shall not be approved
in residential districts. Dead-end alleys shall not be approved, and alleys
shall not connect to a major thoroughfare.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village of Webster must also comply with the minimum
town road standards of § 86.26, Wis. Stats.
H.
Continuation. Streets shall be laid out to provide for
possible continuation wherever topographic and other physical conditions permit.
Provision shall be made so that all proposed streets shall have a direct connection
with, or be continuous and in line with, existing, planned or platted streets
with which they are to connect. Proposed streets shall be extended to the
boundary lines of the tract to be subdivided, unless prevented by topography
or other physical conditions, or unless in the opinion of the Village Board
such extension is not necessary or desirable for the coordination of the layout
of the subdivision with existing layout or the most advantageous future development
of adjacent tracts. Dead-end streets not over 600 feet in length will be approved
when necessitated by the topography.
I.
Minor streets. Minor streets shall be so laid out as
to discourage their use by through traffic.
J.
Number of intersections. The number of intersections
of minor streets with major streets shall be reduced to the practical minimum
consistent with circulation needs and safety requirements.
K.
Frontage roads. Where a subdivision abuts or contains
an existing or proposed arterial highway, the Village Board may require a
frontage road, nonaccess reservation along the rear of the property contiguous
to such highway or such other treatment as may be necessary to ensure safe,
efficient traffic flow and adequate protection of residential properties.
L.
Reserve strips. Reserve strips controlling access to
streets shall be encouraged where their control is definitely placed in the
village under conditions approved by the Village Board.
M.
Tangents. A tangent at least 100 feet long shall be required
between reverse curves on arterial and collector streets.
N.
Visibility. Streets shall afford maximum visibility and
safety and shall intersect at right angles, where practicable.
O.
Grades. The grade of major thoroughfares and collector-distributor
streets shall not exceed 8% unless necessitated by exceptional topography
and approved by the Village Board. Grades of local streets shall not exceed
10%. The minimum grade of all streets shall be 4/10 of 1%.
P.
Horizontal curves. A minimum sight distance with clear
visibility, measured along the center line, shall be provided of at least
500 feet on major thoroughfares, 300 feet on collector-distributor streets
and 120 feet on all other streets.
Q.
Vertical curves. All changes in street grades shall be
connected by vertical curves of a minimum length in feet equivalent to 30
times the algebraic difference in grade for major thoroughfares and 20 times
this algebraic difference for all other streets.
R.
Half streets. Where a half street is adjacent to the
subdivision, the other half street shall be dedicated by the subdivider. The
dedication of half-width streets is prohibited.
S.
Intersections.
(1)
Property lines at street intersections of major thoroughfares
shall be rounded with a radius of 15 feet or of a greater radius where the
Village Board considers it necessary.
(2)
Street jogs with center-line offsets of less than 125
feet shall be avoided. Where streets intersect major streets, their alignment
shall be continuous.
T.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial
districts, except that the Village Board may waive this requirement where
other definite and assured provisions are made for service access, such as
off-street loading and parking, consistent with and adequate for the uses
proposed. No alley shall connect with a major thoroughfare.
(2)
Width of alleys shall be not less than 30 feet.
(3)
Dead-end alleys are prohibited.
U.
Street names. New street names shall not duplicate the
names of existing streets, but streets that are continuations of others already
in existence and named shall bear the names of the existing streets. Street
names shall be subject to approval by the Village Board.
V.
Street design standards.
(1)
Dimensions. 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 or neighborhood development
study, or, if no width is specified therein, the minimum widths shall be as
follows:
|
Street Type
|
Right-of-Way Width To Be Reserved
(feet)
|
Minimum Radius of Curvature
(feet)
|
Minimum Grade
| |
|---|---|---|---|---|
|
Arterial
|
120
|
300
|
6%
| |
|
Collector
|
70
|
200
|
7%
| |
|
Minor
|
66
|
100
|
10%
|
(2)
Standards. All roadway construction and materials used
shall be in accordance with the construction methods as listed in the appropriate
current section of the State of Wisconsin Department of Transportation Standard
Specifications for Road and Bridge Construction and its supplements. The roadway
base thickness shall be a minimum of six inches of compacted in-place crushed
aggregate base course gradation No. 2 in the top layer and gradations No.
1 and No. 2 in the lower layer. The roadbed shall be paved with bituminous
concrete pavement a minimum of 21/2 inches thick placed in two layers (binder
course 11/2 inches thick and surface course one inch thick). The Director
of Public Works shall be contacted for inspections after the base course is
laid and at the time of paving.
(3)
Culs-de-sac. Cul-de-sac streets designed to have one
end permanently closed shall not exceed 600 feet in length. All cul-de-sac
streets designed to have one end permanently closed shall terminate in a circular
turnaround having a minimum right-of-way radius of 60 feet and a minimum inside
curb radius of 45 feet.
(4)
Temporary dead-ends or culs-de-sac. All temporary dead-ends
shall have a maximum length of 1,000 feet, and a temporary cul-de-sac shall
have a minimum right-of-way radius of 60 feet and a minimum inside curb radius
of 45 feet.
A.
Length. The lengths, widths and shapes of blocks shall
be appropriate for the topography and the type of development contemplated,
but block length in residential areas shall not exceed 1,500 feet nor have
less than sufficient width to provide for two tiers of lots of appropriate
depth between street lines. As a general rule, blocks shall not be less than
600 feet in length.
B.
Right-angle intersections. Wherever possible, right-angle
street intersections should be encouraged.
C.
Pedestrian pathways. Pedestrian pathways, not less than
10 feet wide, may be required by the Plan Commission through the center of
a block more than 900 feet long, where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation and other
community facilities.
D.
Trees. The Village Board may require that certain species
of trees be planted on both sides of all streets.
A.
Size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development contemplated, provided that no residential lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 298, Zoning. Subdivision lots in the village shall be in conformance with the area and width requirements of Chapter 298, Zoning. Area and width requirements of subdivision lots in the extraterritorial planning area shall conform to town zoning ordinances and Administrative Code Chapter H 65 of the Division of Health.
B.
Lot dimensions shall conform to the requirements of Chapter 298, Zoning, but in no case shall have a frontage of less than 60 feet at the building line or a depth of less than 100 feet.
C.
Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 298, Zoning.
D.
Residential lots fronting on major streets and highways
shall be platted with extra depth or designed to alleviate the effect of major
street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width to permit building setback from both streets, as required by Chapter 298, Zoning.
F.
Every lot shall abut or face a public street. Lots outside
the corporate limits may abut or face a private street, if permitted by the
Village Board.
G.
Butt lots will be permitted by the Village Board only
in exceptional cases.
H.
Side lot lines shall be substantially at right angles
to or radial to abutting street lines.
I.
In case a tract is divided into parcels of more than 11/2 acres in area, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 298, Zoning.
J.
Double frontage and reversed frontage lots shall be avoided
except where necessary to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography and orientation.
A.
Drainage system required. A drainage system shall be
designed and constructed by the subdivider to provide for the proper drainage
of the surface water of the subdivision and the drainage area of which it
is a part. A final plat shall not be approved until the subdivider shall submit
plans, profiles and specifications as specified in this section, which have
been prepared by a registered professional engineer and approved by the Village
Engineer.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village Engineer and
Village Board a report on the ability of existing watercourse channels, storm
sewers, culverts and other improvements pertaining to drainage or flood control
within the subdivision to handle the additional runoff which would be generated
by the development of the land within the subdivision. Additional information
shall be submitted to adequately indicate that provision has been made for
disposal of surface water without any damage to the developed or undeveloped
land downstream of below the proposed subdivision. The report shall also include:
(2)
A grading plan for the streets, blocks and lots shall
be submitted by the subdivider for the area within the subdivision.
(3)
The design criteria for storm drainage systems shall
be based upon information provided by the Village Engineer.
(4)
Material and construction specifications for all drainage
projects (i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with
specifications provided by the Village Board or Village Engineer.
C.
Grading. The subdivider shall grade each subdivision
in order to establish street, block and lot grades in proper relation to each
other and to topography as follows:
(1)
The subdivider shall grade the full width of the right-of-way
of all proposed streets in accordance with the approved plans.
(2)
Block grading shall be completed by one or more of the
following methods:
(a)
A ridge may be constructed along the rear lot lines which
provides for drainage onto the streets.
(b)
Parts of all lots may be graded to provide for drainage
to the street or to a ditch along the rear lot line.
(c)
Draining across rear or side lot lines may be permitted,
provided that drainage onto adjoining properties is skillfully controlled.
(3)
Lot grading shall be completed so that water drains away
from each proposed building at a minimum grade of 2%, and provisions shall
be made to prevent excessive drainage onto adjacent properties.
(4)
The topsoil stripped by grading shall not be removed
from the site and shall be uniformly spread over the lots when rough grading
is finished.
D.
Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.
(1)
Street drainage. All streets shall be provided with an
adequate storm drainage system. The street storm system shall serve as the
primary drainage system and shall be designed to carry street, adjacent land
and building stormwater drainage. No stormwater shall be permitted to be run
into the sanitary sewer system within the proposed subdivision.
(2)
Off-street drainage. The design of the off-street drainage
system shall include the watershed affecting the subdivision and shall be
extended to a watercourse or ditch adequate to receive the storm drainage.
When the drainage system is outside of the street right-of-way, the subdivider
shall make provisions for dedicating an easement to the village to provide
for the future maintenance of said system. Easements shall be a minimum of
20 feet, but the village may require larger easements if more area is needed
due to topography, size of watercourse, etc.
E.
Protection of drainage systems. The subdivider shall
adequately protect all ditches to the satisfaction of the Village Board and
Village Engineer. Ditches and open channels shall be seeded, sodded or paved
depending upon grades and soil types. (Generally ditches or channels with
grades up to 1% shall be seeded, those with grades up to 4% shall be sodded
and those with grades over 4% shall be paved.)
A.
Design capacity. All improvements shall be installed
to satisfy the service requirements for the service or drainage area in which
the subdivision is located, and the improvements shall be of sufficient capacity
to handle the expected development of the overall service or drainage area
involved.
B.
Extra-size improvements. Where improvements in excess
of the size needed to serve just the proposed subdivision are required, the
subdivider shall pay for the total cost of improvements he is required to
install to serve his subdivision. The additional costs which result from the
extra-size improvement shall be paid for by the village. It shall be the policy
of the Village of Webster to absorb any extraordinary costs for major utility
and street improvements (including right-of-way acquisition) which benefit
a much broader area than the subdivision under consideration. Such improvements
shall include:
(1)
Sanitary sewers where mains larger than eight inches
in diameter are required.
(2)
Water lines where mains larger than six inches in diameter
are required.
(3)
Storm sewers where pipes larger than 12 inches in diameter
are required.
(4)
Street improvements (including right-of-way acquisition)
where more than 66 feet of right-of-way and 32 feet of pavement width are
required.
C.
Off-site extensions. When streets or utilities are not
available at the boundary of the proposed subdivision, the village, or its
duly authorized representative, shall require, as a prerequisite to approval
of a final plat, assurances that such improvement extensions shall be provided
as follows:
(1)
Extensions of utilities onto the property involved shall
be adequate to serve the total development requirements of the service or
drainage area. Utilities leaving the property shall be constructed in such
a manner as to make their extension practical for servicing the adjacent areas
of the service or drainage area.
(2)
If the village, or its duly authorized representative,
finds that extensions across undeveloped areas would not be warranted as a
special assessment to the intervening properties or as a governmental expense
until some future time, the developer shall be required, if he wishes to proceed
with the development, to obtain necessary easements or rights-of-way and construct
and pay for such extensions. Such improvements shall be available for connections
by subdividers of adjoining land, and the subdivider may contract with adjacent
property owners and/or subdividers of adjacent land for reimbursement of the
oversize and/or off-site improvements constructed.
D.
Where sanitary sewer lift stations and force mains are
required to lift sewage to the gravity system, the subdivider shall have plans,
profiles and specifications prepared for the installation of such facilities.
The installation, inspection, supervision and engineering fees for lift stations
and/or force mains shall be paid for by the subdivider unless otherwise determined
and agreed upon by the Village Board.
A.
General.
(1)
If a proposed subdivision includes land that is zoned
for commercial or industrial purposes, the layout of the subdivision with
respect to such land shall make such provisions as the village may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 298, Zoning. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the village, and shall conform to the proposed land use standards established in the Comprehensive Plan, Official Map and Chapter 298, Zoning.
B.
Standards. In addition to the principles and standards
in these regulations, which are appropriate to the planning of all subdivisions,
the applicant shall demonstrate to the satisfaction of the village that the
street, parcel and block pattern proposed is specifically adapted to the uses
anticipated and takes into account other uses in the vicinity. The following
principles and standards shall be observed:
(1)
Proposed industrial parcels shall be suitable in area
and dimensions to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate to
accommodate the type and volume of traffic anticipated to be generated thereupon.
(3)
Special requirements may be imposed by the village with
respect to street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the village with
respect to the installation of public utilities, including water, sewer and
stormwater drainage.
(5)
Every effort shall be made to protect adjacent residential
areas from potential nuisance from a proposed commercial or industrial subdivision,
including the provision of extra depth in parcels backing up on existing or
potential residential development and provisions for permanently landscaped
buffer strips when necessary.
(6)
Streets carrying nonresidential traffic, especially truck
traffic, shall not normally be extended to the boundaries of adjacent existing
or potential residential areas.
A.
Improvements completed.
(1)
All improvements required under this chapter shall be
constructed in accordance with its provisions prior to filing the final plat
with the Village Clerk-Treasurer for approval by the Village Board; or
(2)
In lieu of constructing the improvements as required in Subsection A(1) above, the subdivider shall furnish the Village Board with a surety performance bond or other form of surety running to the Village of Webster sufficient to cover the subdivided cost of such required improvements, as estimated by the Village Board, thereby to secure the actual construction and installation of such improvements immediately after final approval of the plat or at a time in accordance with the requirements of the Village Board.
B.
Financing. In the event the procedure under Subsection A(1) above is followed, before a final plat is approved by the Village Board the subdivider shall submit an agreement and performance bond or cash escrow agreement to assure the following:
(1)
The subdivider shall pay for the cost of all improvements
required in the subdivision by the Village Board.
(2)
Guaranteed completion of the required improvements within
a two-year period.
(3)
Payment by the subdivider for all costs incurred by the
village for review and inspection. This would include preparation and review
of plans and specifications by the Engineer, Planner and Attorney, as well
as other costs of a similar nature.
(4)
The village may elect to install any of the required
improvements under the terms of a cash escrow agreement.
(5)
The performance bond or cash escrow agreement shall be
equal to 11/4 times the Engineer's estimated cost of the required improvements.
(6)
If the required improvements are not complete within
the two-year period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the village and applied to the
cost of the required improvements. If no extension is granted, the village,
at its option, may cause all uncompleted required work to be constructed,
and the parties executing the bond shall be firmly bound for the payment of
all necessary costs thereof. Any balance remaining after such improvements
have been made shall be returned to the owner or subdivider. The Village Board,
at its option, may extend the bond period for an additional period not to
exceed two years.
C.
Procedure.
(1)
Plans and specifications. Simultaneously with the filing
of the preliminary plat with the Village Clerk-Treasurer or as soon thereafter
as practicable, two copies of the construction plans and specifications shall
be furnished for the following public improvements:
(2)
Action by the Village Engineer. The Village Engineer
shall review or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter. If he rejects the plans and specifications,
he shall notify the owner, who shall modify the plans or specifications or
both accordingly. When the plans and specifications are corrected, the Village
Engineer shall approve them in writing. The Village Board shall approve the
plans and specifications before the improvements are installed.
D.
Required improvements. Improvements that shall be required
at the expense of the subdivider are:
(1)
Streets rough graded from property line to property line
and terraces topsoiled to conform to specifications established by the Village
Board and on file in the Village Clerk-Treasurer's office.
(2)
A public sanitary sewer system adequate to provide the
subdivision with a complete sanitary sewer system, including a lateral connection
for each lot, and connected in a satisfactory manner to the village sanitary
sewer system.
(3)
A complete water distribution system adequate to serve
the area platted, including connections for each lot. The entire system shall
be designed to meet the approval of the Village Board. The village shall pay
for and install all necessary fire hydrants, providing that the developer
appropriately advises the village from time to time when the system is ready
for the installation of said hydrants.
(4)
A stormwater sewer or drainage system adequate to serve
the area being platted and otherwise meeting the approval of the Village Board.
(5)
If a pumping station is required to pump either sanitary
wastes or stormwater into the existing public sewer mains, the subdivider
shall install, at no expense to the village, a pumping station and force main
approved by the Village Board and adequate to service a subdivision and shall
deed said pumping station, force main, equipment and site to the Village of
Webster prior to acceptance of the final plat. If a greater capacity system
is desired by the village, the subdivider shall be required to pay only that
portion of the total cost attributable to his subdivision.
(6)
All bridges and culverts.
E.
Optional improvements. Improvements that may be required
by the Village Board at the expense of the subdivider are:
F.
Construction plans and inspection required.
(1)
Whenever any improvements are required by the village,
construction plans for improvements to be installed shall be furnished in
accordance with the specifications of the officials having jurisdiction and
shall receive approval of these officials before improvements are installed.
The following plans may be required:
(a)
The profile of each proposed street with tentative grades
indicated.
(b)
The cross section of each proposed street showing the
width of pavement, curb and gutter; the location and width of sidewalks and
terraces; and the location and size of the utility mains.
(c)
The plans and profiles of proposed sanitary sewers and
stormwater sewers, with grades and sizes indicated, or method of sewage or
stormwater disposal in lieu of sewers.
(d)
Any such other related plans or information, whether
enumerated herein or not, that may be required by the officials having jurisdiction.
(2)
Prior to starting any of the work covered by the plans
approved as above, arrangements shall be made to provide for inspection by
the Village Board or its designees of the work sufficient, in the opinion
of the Village Board, to ensure compliance with the plans and specifications
as approved and written approval obtained from the Village Board to start
the work. All costs of such inspection shall be borne by the village.
(3)
The subdivider is to engage his own contractors on his
own responsibility for all required work; he may, however, contract with the
Village of Webster to do part or all of the work for him at the subdivider's
expense. Nothing contained herein, however, shall obligate the village to
perform such work unless it so voluntarily contracts with the subdivider to
perform part or all of such work.
G.
Material standards. All improvements constructed under
this chapter shall be of the standards, where applicable, established by the
State Highway Commission's Standard Specifications for Roads and Bridges.
Where the Highway Commission's specifications do not apply, the standards
shall be as approved by the Village Engineer.
H.
Stage development. In all instances where it shall appear
to the satisfaction of the Village Board that the whole of the plat and its
subdivision cannot immediately be fully improved with respect to the installation
of all storm and sanitary sewers and related facilities, water mains and related
facilities and street improvements, by reason of unavoidable delay in the
acquisition of land necessary for such improvements, or by reason of the unavoidable
delay in obtaining necessary engineering data and information, or for any
other good reason or cause, the Village Board may in its sole discretion authorize
the subdivider to proceed with the installation of improvements required under
this chapter on a portion or part of said subdivision, and in such event the
requirements of this chapter shall apply to that portion or part thereof authorized
for immediate improvement.
A.
Utility easements. The Village Board, on the recommendation
of the other appropriate agencies of the village, shall require utility easements
for poles, wires, conduits, storm and sanitary sewers, gas, water and head
mains or other utility lines. It is the interest of this chapter to protect
all established easements so as to assure proper grade, assure maintenance
of the established grade, prohibit construction of permanent fences or retaining
walls over underground installation and prevent the planting of trees in the
easement area.
B.
Drainage easements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream:
(1)
There shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse and
such further width or construction, or both, as will be adequate for the purpose
and as may be necessary to comply with this section, or the watercourse, drainageway,
channel or stream may be relocated in such a manner that the maintenance of
adequate drainage will be assured and the same provided with a stormwater
easement or drainage right-of-way conforming to the lines of the relocated
watercourse and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(2)
Wherever possible, it is desirable that drainage be maintained
by an open channel with landscaped banks and adequate width for maximum potential
volume of flow. In all cases, such watercourse shall be of a minimum width
established at the high-water mark or, in the absence of such specification,
not less than 30 feet.
C.
Easement locations. Such easements shall be at least
12 feet wide and may run across lots or alongside of rear lot lines. Such
easements should preferably be located along rear lot lines. Evidence shall
be furnished the Village Board that easements and any easement provisions
to be incorporated in the plat or in deeds have been reviewed by the individual
utility companies or the organization responsible for furnishing the services
involved.
A.
Purpose. The requirements of this section are established
to ensure that adequate parks, open spaces and sites for other public uses
are properly located and preserved as the village grows. It has also been
established to ensure that the cost of providing the park and recreation sites
and facilities necessary to serve the additional people brought into the community
by land development may be equitably apportioned on the basis of the additional
needs created by the development. The requirements shall apply to all lands
proposed for all residential development.
B.
Design. In the design of a subdivision, land division,
planned unit development or development project, provision shall be made for
suitable sites of adequate area for schools, parks, playgrounds, open spaces,
drainageways and other public purposes. Such sites as are shown on the Official
Map, Master Plan or Parks and Open Space Plan, if applicable, shall be made
a part of the design. Consideration shall be given to the preservation of
scenic and historic sites, stands of trees, marshes, lakes, ponds, streams,
watercourses, watersheds and ravines and woodland, prairie and wetland plant
and animal communities.
C.
Dedication.
(1)
The subdivider shall dedicate adequate developable land
for the park, recreation and open space needs of the development, subject
to a determination of acceptability by the Village Board.
(2)
The subdivider shall dedicate sufficient land area that
is suitable and readily developable to provide adequate park, playground,
recreation and open space to meet the needs to be created by and to be provided
for the subdivision, land division, group housing project or planned community
development project. These proposed public lands shall be made a part of the
plat and shall be dedicated to the public at the rate of 1/2 acre for each
15 proposed dwelling units.
D.
Fee in lieu of dedication.
(1)
Where, in the discretion of the Village Board, there
is no land suitable for parks within the proposed subdivision or the dedication
of land would not be compatible with the village's comprehensive development
plan or the Board determines that a cash contribution would better serve the
public interest, the Village Board may require that the subdivider pay a fee
in lieu of making the required land dedication.
(2)
If the amount of land required to be dedicated, other
than for streets and drainageways, as indicated on the Master Plan, Comprehensive
Plan component or Official Map of the village totals less than the ratio of
1/2 acre for each 15 proposed dwelling units, the subdivider shall pay to
the village a fee equivalent to the fair market value of the amount of land
representing the difference between the amount of land required to be dedicated,
other than the streets and drainageways, as indicated on said plans or maps
and the rate of dedication established herein. The fair market value shall
be determined by the Village Assessor. Said fees required in lieu of dedication
shall be paid to the Village Clerk-Treasurer at the time of first application
for approval of a final plat of said subdivision.
(3)
All funds so collected by the village shall be deposited
as the Special Fund for the Acquisition and Development of Public Sites, Recreation
Areas, Open Spaces and Greenways (Park Special Fund), and said funds so levied
and collected shall be used for such purposes, at such places and in such
manner as shall be approved, ordered and directed by the Village Board. Any
and all interest accumulated upon such funds shall be added to the special
fund and shall be used only for acquisition and developments for said purposes.
E.
Dedication and fee.
(1)
The Village Board may request that the subdivider satisfy
the requirements by combining land dedication with fee payments. The fee,
in such cases, shall be determined by subtracting the fair market value of
the dedicated land from the total fee which would have been imposed had no
land been dedicated by the subdivider. The fair market value shall be determined
by the Village Assessor.
(2)
Payment may be made by one of the following methods:
(a)
Lump sum. A lump sum minus a discount of the current
interest rate of the Park Special Fund on the day the Village Board accepts
the final plat or on the day the certified survey is approved for recording
by the Clerk-Treasurer shall be paid prior to the issuance of any building
permit for a development; or
(b)
Payment of 1/3 of all land dedication and fee payments.
[1]
The subdivider shall pay the village 33.4% of the total
fee by the date the first building permit is issued. At such time that 33.4%
of the building permits are issued for the approved development or after one
year from the date that the village issued the first building permit, whichever
occurs first, the subdivider shall pay the second installment of 33.3% of
the total fee. At such time that 66.7% of the building permits are issued
for the approved development or after two years from the date that the village
issued the first building permit, whichever occurs first, the subdivider shall
pay the final installment of 33.3% of the total fee.
[2]
If this method of payment is used, the outstanding balance
after the first payment is made shall be charged the interest rate earned
by the Park Special Fund for the period of time that the second and third
installments are outstanding.
(4)
In either event, the subdivider will be required to pay
the lump sum minus the discount (as defined above) prior to the issuance of
any building permits.
(5)
All fees required by Subsection E shall be paid within three years from the date of the issuing of the first building permit. Failure to make the proper payments as defined in either option in Subsection E(2) shall result in the immediate withholding of all building permits until all delinquent payments are made to the village.
F.
Development of area.
(1)
When park land is dedicated, the subdivider is required
to bring the dedicated land up to the contours established in the approved
street and utility plans, topsoiled with a minimum of three inches of quality
topsoil, typically found in the village, seeded as specified by the Village
Board, fertilized with 16-6-6 fertilizer at the rate of seven pounds per 1,000
square feet and mulched as specified in the Standard Specifications for Road
and Bridge Construction Sections 627 and 629. The topsoil furnished for the
park site shall consist of the natural loam, sandy loam, silt loam, silty
clay loam or clay loam humus-bearing soils adapted to the sustenance of plant
life, and such topsoil shall be neither excessively acid nor excessively alkaline.
Fine grading and seeding must occur within one year following issuance of
the first building permit within that subdivision unless otherwise authorized
by the Board.
(2)
It shall be the duty of the village to maintain the dedicated
areas, and the owner who dedicated said land shall in no way be responsible
for its maintenance or liability thereon, except that said owner shall not
develop the surrounding area in a manner which would unduly depreciate the
purpose, use or value of the dedicated property and except if such owner shall
reside on one of the subdivided parcels, in which case he shall be responsible
for the maintenance of adjacent public property as may be required in other
laws of the village.
G.
FAIR MARKET VALUE (MARKET VALUE)
LAND USE REGULATION
PHASE
PUBLIC IMPROVEMENTS
SUBDIVIDER
Definitions. As used in this section, the following terms
shall have the meanings indicated:
The highest price in terms of money which a property will bring in
a competitive and open market under all conditions requisite to a fair sale,
the buyer and seller each acting prudently, knowledgeably and assuming the
price is not affected by undue stimulus.
Broadly, any legal restriction, such as zoning ordinances, which
controls the uses to which land may be put. A land use regulation may include
such controls as those established by restrictive covenants or by redevelopment
or urban renewal plans approved by local governing bodies.
A phase ends with the completion of public improvements (as shown
in the final plat documents) and a new phase begins with the start of public
improvements (as shown in the final plat documents) in the portion of the
plat being developed.
Installation of streets, electric service, sewer and water, gas lines
and telephone lines.
Any person, firm, partnership, corporation, association, estate or
other legal entity using land for residential development. This shall include
all residential development whether or not there is an actual subdivision
of land. Property which does not require subdivision but will be used for
residential development shall be included.
A.
Where the Plan Commission finds that extraordinary hardships
or particular difficulties may result from strict compliance with these regulations,
it may recommend to the Village Board variations or exceptions to the regulations
so that substantial justice may be done and the public interest secured, provided
that such variation or exception shall not have the effect of nullifying the
intent and purpose of this chapter.
B.
The Village Board shall not allow variations or exceptions
to the regulations of this chapter unless it shall make findings based upon
the evidence presented to it in each specific case that:
(1)
The granting of the variation will not be detrimental
to the public safety, health or welfare or injurious to other property or
improvements in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation
is based are unique to the property for which the variation is sought and
are not applicable, generally, to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or the Wisconsin
Statutes, and no person shall be issued a building permit by the village authorizing
the building on, or improvement of, any subdivision, land division or replat
within the jurisdiction of this chapter not of record as of the effective
date of this Code until the provisions and requirements of this chapter have
been fully met. The village may institute appropriate action or proceedings
to enjoin violations of this chapter or the applicable Wisconsin Statutes.
B.
Any person, firm or corporation who or which fails to
comply with the provisions of this chapter shall, upon conviction thereof,
forfeit no less than $25 nor more than $500 and the costs of prosecution for
each violation and, in default of payment of such forfeiture and costs, shall
be imprisoned in the county jail until payment thereof, but not exceeding
30 days. Each day a violation exists or continues shall constitute a separate
offense.
C.
Recordation improperly made has penalties provided in
§ 236.30, Wis. Stats.
D.
Conveyance of lots in unrecorded plats has penalties
provided for in § 236.31, Wis. Stats.
E.
Monuments disturbed or not placed have penalties as provided
for in § 236.32, Wis. Stats.
