[HISTORY: Adopted by the Village Board of the Village of Black Earth 5-1-1990
by Ord. No. 90-O-7 as Ch. 23 of the 1990 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Plan Commission — See Ch. 9.
Building construction — See Ch. 113.
Erosion, sediment and water runoff control — See Ch. 140.
Sewer Utility — See Ch. 221.
Streets and sidewalks — See Ch. 236.
Water Utility — See Ch. 261.
Floodplain zoning — See Ch. 280.
Dedication of public lands — See Ch. 287.
Shoreland-wetland zoning — See Ch. 290.
Zoning — See Ch. 310.
The Village Board of the Village of Black Earth hereby declares that
the regulations set forth in this chapter are adopted 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 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. Except when this chapter imposes stricter restrictions on land use,
this chapter shall not repeal, impair or modify private covenants or public
ordinances.
As used in this chapter, the following terms shall have the following
meaning:
A public right-of-way not less than 25 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 municipality. It has a secondary function of providing
access to abutting land. An arterial street system is designed on the municipality's
Comprehensive Master Plan.
A portion of a parcel of land surrounded by streets.
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.
That policy document which serves as a guide for the future physical
development of the Village or the Smart Growth Plan, when the same is adopted
by the Village.[1]
A short street having but one end open to traffic and the other end
permanently terminated in a vehicular turnaround.
The Village Board.
A street having only 1/2 of its intended roadway width developed
to accommodate traffic.
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.
The division of land by the owner or his agent resulting in the creation
of two parcels or building sites, any one of which is two acres in size or
less, or the division of a block, lot or outlot within a recorded subdivision
plot into not more than four parcels or building sites without changing the
exterior boundaries of said block or outlot.
The Village of Black Earth or the various towns within the one-and-one-half-mile
extraterritorial jurisdiction of the Village of Black Earth, individually
or collectively.
See Chapter 9, Boards, Committees and Commissions, of this Code.
The map, drawing or chart on which the subdivider's plan of
subdivision is presented to the Village Board for approval.
Any division of a parcel of land by the owner or owner's agent
for the purpose of sale or building development where:
The act of division creates three or more parcels, except in the case
of the division of a block, lot or outlot into four parcels or building sites
without changing the exterior boundaries of said block, lot or outlot.
Three or more parcels are created by successive divisions within a five-year period with the same exception as in Subsection A above.
Provided, however, that this chapter shall not apply to:
Transfers of interest in land by will or pursuant to court order.
Leases for a term not to exceed 10 years.
Mortgages or easements.
The sale or exchange of parcels of land between owners of adjoining
properties if the lots resulting are not reduced below the minimum sizes required
by this chapter or other applicable laws or ordinances.
A.
When subdivision approval required. No division of land within the municipality or within its extraterritorial plat approval jurisdiction shall be permitted if it results in a subdivision unless a plat of the subdivision is permitted and approved in accordance with this chapter and Ch. 236, Wis. Stats.
B.
Reservation of public sites and open spaces. In designing a land division, subdivision or comprehensive development, due consideration shall be given to the reservation of suitable sites of adequate area for future schools, parks, playgrounds, drainageways, and other public purposes. In the location of such, consideration shall be given to the preservation of scenic and historic sites, stands of fine trees, marshes, lakes, and ponds, watercourses, watersheds and ravines. The subdivider may be required to reserve such school, park, recreation and public use areas for a period not to exceed two years for acquisition by the Village or, in the case of school areas, by the school district at undeveloped land cost. Where the proposed public lands lie outside the corporate limits of the Village but within the jurisdictional area of this chapter, they shall be reserved for acquisition by the town, county, school district, or Village at undeveloped land cost. In relation to park and recreation area reservation, see also § 295-11, Parkland dedication.
C.
Hill development.
[Added 10-1-1996 by Ord. No. 96-O-2]
(1)
No subdivision or land division within the Village corporate
limits and no subdivision within the Village of Black Earth extraterritorial
jurisdiction area may be approved which would result in a disturbance of land
on areas defined herein as hillsides or hilltop edges. Development on hilltops,
if allowed, shall be restricted so as to minimize the disturbance of land
and vegetation and preserve the viewshed year-round for areas of lower elevation.
(2)
BASE OF HILLSIDE
HILLSIDE
HILLTOP
HILLTOP EDGE
TOP OF HILLSIDE
TWENTY-PERCENT SLOPE
VIEWSHED
For purposes of this Subsection C, the following definitions shall apply:
The higher elevation end of a twenty-percent slope, where the slope
is determined by measurement from an area of lower elevation of slope less
than or equal to 20% to an area of higher elevation and of slope greater than
20%.
The area of greater than twenty-percent slope lying between the base
of the hillside and the top of the hillside.
An area of twenty-percent or less slope, exclusive of the hilltop
edge, which lies at an elevation of 900 feet or above and is contiguous with
the hilltop edge.
An area measured upslope from the top of hillside and perpendicular
to the slope, being 150 horizontal feet in depth.
The higher elevation end of a twenty-percent slope, where the slope
is determined by measurement from an area of higher elevation and of slope
less than or equal to 20% to an area of lower elevation and of slope greater
than 20%.
A vertical elevation differential of 10 feet in any 50 horizontal
feet, the horizontal distance being measured perpendicular to the slope.
An open view from a lower elevation of the natural topography, features
and vegetation of the hillsides, hilltop edge and hilltop undisturbed by man-made
structures (except for vegetated screening and/or vegetated earthen berms
only within the hilltop), uses or activities except as permitted in this chapter.
A.
Preapplication. It is recommended that, prior to the
filing of an application for the approval of a preliminary plat, the subdivider
shall consult with the Village Plan Commission to obtain its advice and assistance.
This consultation is neither formal nor mandatory but is intended to inform
the subdivider of the purpose and objectives of this chapter, the Comprehensive
Master Plan, and duly adopted plan implementation devices of the Village and
otherwise to assist the subdivider in planning his development.
B.
Preliminary plat and certified surveys.
(1)
Boundary survey map. The subdivider shall submit to the
Plan Commission and to those agencies having the authority to object to plats
and certified surveys under provisions in § 236.12, Wis. Stats.,
a preliminary plat based upon an accurate exterior boundary survey by a registered
land surveyor. Plats and certified surveys shall be submitted to the Plan
Commission not less than eight days before the meeting at which they are to
be considered. The plat shall be drawn at the scale of one inch equals 100
feet, and contours shall be shown at two-foot vertical intervals. The drawing
shall show:
(a)
Property lines, dimensions, and identifying numbers for
all residential lots and other sites.
(b)
Right-of-way lines, dimensions, and names of streets
and other rights-of-way.
(c)
Locations, dimensions, and purposes of all easements.
(d)
Purpose for which all sites other than residential lots
are dedicated or reserved.
(e)
Current and proposed zoning for contiguous plats and
developments.
(f)
Names of record of adjoining unplatted lands.
(g)
Location of existing and proposed utilities.
(h)
Minimum building setback lines on all lots and other
sites.
(i)
Acreage and current zoning of land being platted.
(j)
A small scale map showing the location of the plat.
(k)
Names of owner and designer.
(l)
Title, graphic scale, North arrow, and date.
(2)
Additional submittals required. In addition to the survey described in Subsection B(1) above, grading, tree planting, paving, and facilities shall be shown and an accompanying letter shall indicate when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be submitted.
(3)
Review by Village Engineer and/or Land Planning Consultant.
The Plan Commission may submit a copy of the preliminary plat to the Village
Engineer and/or Land Planning Consultant for review and written report of
his reaction to the proposed plat.
(4)
Approval of preliminary plat; time and effect. After
review of the preliminary plat and negotiations with the subdivider on advisable
changes and the kind and extent of public improvements which will be required,
the Plan Commission shall reject or approve conditionally the preliminary
plat within 90 days, as provided by statute. Approval of the preliminary plat
shall entitle the subdivider to final approval of the layout shown by such
plat, provided that the final plat conforms to such layout and all conditions
of approval have been met.
C.
Final plat.
(1)
Time for submission. Final plats shall be submitted to
the Plan Commission within six months of preliminary plat acceptance unless
this requirement is waived in writing by the Plan Commission.
(2)
Requirements. The final plat shall conform to the preliminary
plat as approved and to the requirements of all applicable local 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. The final plat shall be accompanied by detailed construction plans
showing prior approval by the Village Engineer of all improvements.
(3)
Review by Plan Commission. The final plat shall be presented
to the Plan Commission at least eight days prior to the meeting at which it
is to be considered and shall be accepted or rejected by the Plan Commission
and 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 shall be recorded in accordance with the
statutory requirements prior to the time that lots are offered for sale, reference
is made to the map for sale purposes, or use is made of lot and block numbers
on the plat. 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 Plan Commission and 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.
Generally, design standards shall assure that the layout of the subdivision
harmonizes with existing plans affecting the development and its surrounding
area and shall be in conformity with the Village Comprehensive Master Plan
for the development of the entire area.
A.
Streets.
(1)
General street design. Streets in the plat shall be considered
in their relation to existing and planned streets, to reasonable circulation
of traffic, to topographical conditions, to runoff of stormwater and to the
proposed uses of the area to be served.
(2)
Cul-de-sac, curvilinear and loop street arrangements.
Cul-de-sac, curvilinear and loop street arrangements shall be used instead
of a gridiron design wherever possible in minor street layouts to promote
safety, to reduce through traffic and to improve the general aesthetics of
residential subdivisions.
(3)
Extensions of existing streets. Where new streets extend
existing adjoining streets, their projections shall be at the same or greater
width, but in no case less than the minimum required width. Where adjoining
areas are not subdivided, the arrangement of streets in new subdivisions shall
make provision for the projection of streets, including minor streets, where
necessary to provide proper access. Where a new subdivision adjoins unsubdivided
lands susceptible to being subdivided, new collector and arterial streets,
if any, shall be carried to the abutting boundaries of such unsubdivided land.
(4)
Street width and grades.
(a)
The minimum right-of-way of all proposed streets and
alleys shall be of the width specified by the Comprehensive Master Plan, Official
Map or Neighborhood Development Study, or, if no width is specified therein,
the minimum widths shall be as follows:[1]
|
Type of Street
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Principal and primary arterial streets
|
120
| |
|
Standard arterial and collector streets
|
66
| |
|
Local streets
|
60
| |
|
Marginal access streets and culs-de-sac
|
60
|
(b)
The Plan Commission may require the subdivider to conform to urban section standards as shown on Table 1[2] if the average lot width in the proposed subdivision is less than
150 feet measured at the street setback line.
[2]
Editor's Note: Table 1 is included at the end of this chapter.
(c)
(d)
Street grades shall be established wherever practicable
so as to avoid excessive grading, the unnecessary removal of ground cover
and tree growth, and general leveling of the topography.
(5)
Streets jogs. Street jogs with center-line offsets of
less than 125 feet shall not be allowed.
(6)
Street intersections. Insofar as practical, streets shall
intersect at right angles, and no intersection shall be at an angle of less
than 80°. The number of streets converging at one intersection shall be
reduced to the minimum possible.[3]
(7)
Culs-de-sac. Maximum length of permanent cul-de-sac streets
shall be 600 feet measured along the center line from the intersection of
origin to end of right-of-way. Each cul-de-sac shall be provided at the closed
end with a turnaround having a minimum outside roadway diameter of 96 feet
and a minimum street property diameter of 120 feet.[4]
(8)
Half streets. Where an existing dedicated or platted
half street is adjacent to the tract being subdivided, the other half of the
street shall be dedicated by the subdivider. The platting of new half streets
is prohibited.
(9)
Street names. Proposed streets obviously in alignment
with existing and named streets shall bear the name of such existing streets.
In no case shall the name of the proposed street duplicate existing street
names, including phonetical similarities. Names shall be selected with the
approval of the Plan Commission.
(10)
Private streets. Public improvements shall not be approved
for any private streets or driveways.
(11)
Access to arterial streets and highways. Where a proposed
plat is adjacent to an arterial street, spacing between access points to such
thoroughfare of less than 660 feet shall be avoided except where impractical
or impossible due to existing property divisions or topography.
(12)
Street curvature. 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:
(13)
Hardship to owners of adjoining property. The street
arrangements shall not be such as to cause hardship to owners of adjoining
property in platting their own land and providing convenient access to it.
(15)
Alleys. Alleys shall be prohibited in residential areas
unless special permission is granted by the Village Board. Alley intersections
and sharp changes in alignment shall be avoided, but, where necessary, corners
shall be cut off sufficiently to permit safe vehicular movement. Dead-end
alleys shall be avoided but, if unavoidable, shall be provided with adequate
turnaround facilities at the dead end.
(16)
Reverse curves. A tangent at least 100 feet long shall
be required between reverse curves on arterial and collector streets.
(17)
Maintenance. Streets included in approved subdivisions,
except designated state, federal or county roads, shall be maintained by the
Village in which said streets are located unless other written arrangements
are made prior to final plat approval.
(18)
Relation to railroads. Streets shall be so located to
railroads that the minimum distance required for the future separation of
grades by means of appropriate approach gradients is provided.
B.
Lots.
(1)
Access. Every lot shall front or abut on a public street.
(2)
Layout. Where possible, lot lines shall be at right angles
to straight street lines or radial to curved street lines. Lots with frontage
on two parallel streets shall be avoided except where one street is an arterial
feeder or highway with no direct access to the lot. Reversed frontage lots
shall be avoided, except where a major change in land use might make such
a layout preferable.
(3)
Corner lots. Corner lots shall be platted at least 10%
wider than the minimum lot width required.
(4)
Natural features. In the subdivision of land, due regard
shall be shown for all natural features which, if preserved, will add attractiveness
and stability to the proposed development.
(5)
Lots along thoroughfares and railroad. There shall be
no direct vehicular access from residential lots to arterial streets or highways,
and residential lots shall be separated from railroad rights-of-way by a twenty-five-foot
buffer strip, which may be in the form of added depth or width of lots backing
on or siding on the railroad right-of-way.
(6)
Lot remnants. Lot remnants which are below the minimum
lot size must be added to adjacent or surrounding lots rather than be allowed
to remain as an unusual outlot or parcel unless the owner can show plans for
the future use of such remnant.
(7)
Municipal boundary lines. Lots shall follow, rather than
cross, municipal boundary lines whenever practical.
(8)
Size and dimensions. Subdivision lots in the Village shall be in conformance with the area and width requirements of Chapter 310, Zoning. The area and width of subdivision lots in the extraterritorial plat approval jurisdiction shall conform to any town or county ordinance or extraterritorial municipal zoning regulations which may be in effect and with Chapter H 65, Wis. Adm. Code, of the State Division of Health.
(9)
Reserve strips. There shall be no reserve strips controlling
access to streets, except where the control of such strips is definitely placed
with the Village under conditions approved by the Plan Commission.
A.
Grading. The subdivider shall grade the full width of
the right-of-way of all streets proposed to be dedicated in accordance with
plans approved by the Village Board. 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 as established
by the Village Engineer and shall be reviewed and approved by the Village
Engineer. The master site grading plan shall show existing and proposed elevations
of all lot corners and changes in grade. If deemed necessary by the Village
Engineer, lowest building opening elevations shall be shown for each lot.[1]
B.
Erosion control. Plans for erosion control shall be submitted
to the Village Engineer for his approval before any land surface decisions
are made. The Village Engineer's decision may be appealed to the Village
Board. Within 14 days of the completion of any activity which, in the sole
discretion of the Village Engineer, may give rise to an erosion control problem,
the subdivider shall take all steps necessary to prevent the erosion, siltation,
sedimentation, washing and blowing of dirt and debris caused by grading, excavations,
open cuts, side slopes, and other activities by the subdivider or the subdivider's
contractors. Reasonable methods of control shall include, but not be limited
to, seeding, mulching, sodding, berm construction, pond construction and dewatering.
In cases where the method of control fails, the subdivider shall clean up
the materials which have been displaced prior to the construction of additional
improvements.
C.
Standard street improvements.
(1)
When to begin. The construction of standard street improvements
can begin only when either:
(2)
Surfacing. After the installation of all utility and
stormwater drainage improvements, the subdivider shall surface all roadways
in streets proposed to be dedicated to the widths prescribed by this chapter
and the Comprehensive Master Plan or Comprehensive Master Plan components
of the Village. Said surfacing shall be done in accordance with plans and
standard specifications approved by the Village Board.
(3)
Curb and gutter. One year after the installation of all
utility and stormwater drainage improvements, the subdivider shall construct
and pay for all curbs and gutters in accordance with plans and standard specifications
approved by the Village Board. This requirement may be waived if approved
by the Village Board. Wherever possible, provision shall be made at the time
of construction for driveway access curb cuts.[2]
(4)
Street sections. When rural street sections have been
approved by the Village Board, the subdivider shall finish grade all shoulders
and road ditches, install all necessary culverts at intersections and, if
required, surface ditch inverts to prevent erosion and sedimentation in accordance
with plans and standard specifications approved by the Village Board.[3]
D.
Sidewalks.
(1)
When required. The subdivider may be required to construct
a sidewalk on one side of all frontage streets and both sides of all other
streets within the subdivision. The Village Board may permit the construction
of a sidewalk on only one side of minor streets that serve lots having an
average width of 100 feet or more fronting on said street and may waive the
construction of sidewalks on culs-de-sac of less than 600 feet in length and
collector streets and minor streets that serve lots having an average width
of 150 feet or more fronting on said street. The construction of all sidewalks
shall be in accordance with plans and standard specifications approved by
the Village Board.
(2)
Sidewalks in greenways and at rear of lots. The Village
Board may permit or require the construction of sidewalks in greenways at
the rear of lots instead of along the sides of streets.
(3)
Wider than standard sidewalks may be required by the
Village Board in the vicinity of schools, commercial areas and other places
of public assemblage, and the Village Board may require the construction of
sidewalks in locations other than required under the preceding provisions
of this chapter if such walks are necessary, in its opinion, for safe and
adequate pedestrian circulation.
E.
Public sanitary sewage disposal system.[4]
(1)
There shall be provided a sanitary sewage system to all
lots, approved by the Village Engineer. The subdivider shall install adequate
sanitary sewer facilities and connect them to Village sewer mains subject
to specifications and inspection by the Village Engineer. All sanitary sewers
shall be in accordance with Ch. NR 110, Wis. Adm. Code. The subdivider shall
pay all the costs of all sanitary sewer work, including the bringing of the
sanitary sewer of adequate capacity and depth from where it exists to the
land division in question and necessary improvements or modifications to downstream
sanitary sewage facilities, as well as providing all sanitary sewer work within
the land division. Such required improvements shall be dedicated to the Village
upon such terms and conditions as the Village Board may determine.
(2)
Sanitary sewers, including all related items (manholes,
wyes, tees, stubs for future extensions, etc.), shall be installed meeting
the specifications and requirements of the Village. Installation shall be
required all the way across each lot. Where sewers larger than eight inches
in diameter or deeper than 12 feet of cover are required solely to serve areas
outside the subdivision, the landowner shall be responsible only for the costs
of the sewers necessary to serve the area within the subdivision. The difference
in the costs of the sewers necessary to serve the subdivision and the costs
of the sewers actually installed, as determined by the Village Engineer, shall
be borne by the developer, with the right of recoupment, without inflation
or interest adjustment in the recoupment amount.
(3)
The subdivider shall construct sanitary sewers in such
a manner as to make adequate sanitary sewerage service available to each lot
within the subdivision. Where public sanitary sewers of adequate capacity
are determined by the Village Engineer to be available, extensions of the
public sanitary sewer system shall be made so as to provide sewer service
to each lot. Gravity sanitary sewers shall be extended to the land division
and to each buildable lot as determined by the Village Engineer. Sewerage
service lines of the sizes and materials required by the Village Board of
Trustees shall be installed from the sanitary sewers to the property line
of every lot in the subdivision. This installation shall be coordinated with
the installation of sanitary sewers. The size, type and installation of all
sanitary sewers proposed to be constructed shall be in accordance with plans
and standard specifications approved by the Village Engineer. Stormwater runoff
shall be excluded from all sanitary sewer facilities.
(4)
The ends of the services for each lot shall be accurately
measured and recorded with the Village and marked in the field with appropriate
staking.
F.
Stormwater drainage facilities.[5]
(1)
The subdivider shall, at his cost, provide stormwater
drainage facilities which include curb and gutter, manholes, catch basins
and inlets, storm sewers, storm sewer laterals from the main to the lot line,
road ditches and open channels, as may be required. All such facilities are
to be of adequate size and grade to hydraulically accommodate maximum potential
runoff rates.
(2)
Post-development peak runoff rates shall be limited to
pre-development levels, up to and including one-hundred-year return period
storm. All detention facilities shall be designed with the safety of the general
public and any considerations for ease of maintenance as top priorities.
(3)
Determination of on-site detention volumes shall be computed
by procedures established by the United States Soil Conservation Service in
the most current edition of its technical publication titled "Urban Hydrology
for Small Watersheds, TR-55," and as accepted and approved by the Village
Engineer.
(4)
The storage of stormwater runoff shall not encroach on
any public park (except parks designed with detention facilities) or any private
lands outside the land division unless an easement providing for such storage
has been approved and recorded for said lands.
(5)
The design of the drainage system shall include the entire
watershed affecting the land division and shall be extended to a watercourse
or ditch adequate to receive to storm drainage.
(6)
Where a land division is traversed by a watercourse,
drainageway, channel or stream:
(a)
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 Subsection F; or
(b)
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 Subsection F.
(7)
The subdivider shall install all minor drainage system
components necessary to reduce inconvenience and damages from frequent storms.
Minor drainage components shall include all inlets, piping, gutters, channels,
ditching, pumping and other facilities, designed to accommodate the post-development
runoff resulting from a five-year, twenty-four-hour rainfall (ten-year, twenty-four-hour
rainfall for the commercial district) event as determined in the most current
edition of the Soil Conservation Service Technical Release 55 (TR 55). Temporary
accumulations of storm runoff from ponding or flowing water, in or near minor
system components, shall be permitted provided that such accumulations do
not allow the water to flow across the crown of the street from one side to
the other. For arterial streets and streets located in commercial districts,
ponding within normal traffic lanes (10 feet on each side of the center line
of the street) is prohibited. In drainageways and drainageway easements, accumulations
of water shall not inundate beyond the limits of the drainageway or drainageway
easement. Cross-street drainage channels (valley gutters) shall not be permitted
except on cul-de-sac or permanent dead-end streets serving fewer than 10 dwelling
units and where the minimum grade in the valley gutter and street gutter between
the valley gutter and the next downstream drainage inlet is not less than
1.00%.
(8)
The subdivider shall install all major drainage system
components necessary to reduce inconvenience and damages from infrequent storms.
Major system components shall include large channels and drainageways, streets,
easements and other paths and shall be capable of accommodating post-development
runoff in excess of that accommodated by minor system components resulting
from twenty-four-hour rainfall events for storms with return frequencies greater
than two years up to and including the one-hundred-year return event (as identified
in TR 55). Runoff resulting from a one-hundred-year, twenty-four-hour rainfall
event shall be contained within the street right-of-way or designated drainage
easements.
G.
Public water supply facilities.[6]
(1)
The subdivider shall construct water mains and service
laterals in such a manner as to make adequate water service available to each
lot within the land division. Extensions of the public water supply system
shall be designed so as to provide water service to each lot and required
fire flow protection to each hydrant. The size, type and installation of all
public water mains proposed to be constructed shall be in accordance with
plans and standard specifications approved by the Village Engineer. Such required
improvements shall be dedicated to the Village upon such terms and conditions
as the Village Board may determine. The subdivider shall pay all costs of
connecting adequate Village water, including bringing water mains from where
they exist to the land division in question, providing all water works within
the land division, and looping the water mains in all locations deemed important
and financially feasible by the Village Engineer. The subdivider shall provide
for a minimum water main diameter of eight inches and the location of public
fire hydrants along the public streets at not greater than a four-hundred-fifty-foot
spacing for residential areas or a six-hundred- foot spacing for commercial
areas.
(2)
Where water mains and appurtenances larger than eight
inches in diameter are required solely to serve areas outside the subdivision
as determined by the Village Engineer, the landowner shall be responsible
only for the costs of the water mains and appurtenances necessary to serve
the area within the subdivision. The difference in the costs of the water
mains and appurtenances necessary to serve the subdivision and the costs of
the water mains and appurtenances actually installed, as determined by the
Village Engineer, shall be borne by the developer, with the right of recoupment,
without inflation or interest adjustment in the recoupment amount. Installation
of water mains shall be required all the way across each lot.
H.
Other utilities and cable television The subdivider shall
have installed gas, electrical power, telephone and cable television facilities
in such a manner as to make adequate service available to each lot in the
subdivision. No such electrical, telephone or cable television service shall
be located on overhead poles unless allowed by the Village Board due to exceptional
topography or other physical barrier. Plans indicating the proposed location
of all gas, electrical, power, telephone and cable television distribution
and transmission lines required to serve the plat shall be filed with and
approved by the Village Engineer. Gas service laterals shall be installed
to each lot line. These utility lines can be run across the road if the road
has not yet been laid down. Once the road has been laid down, utility lines
must be run parallel on each side of the road. Road will not be allowed to
be torn up to put these lines in.
I.
Streetlamps. The Village Electric Utility shall install
and the subdivider shall assume the cost of streetlamps of a design approved
by the Electric Utility along all streets proposed to be dedicated. Such lamps
shall be placed at each street intersection and at such interior block spacing
as may be required by the Village Board. Under no circumstances shall the
distance between streetlamps exceed 600 feet.
J.
Street signs. The Department of Public Works shall provide
and the subdivider shall assume the cost of installation, at the intersection
of all streets proposed to be dedicated, of a street sign of a design specified
by the Village Engineer.[8]
K.
Street trees. The subdivider shall plant at least one
tree of a species acceptable to the Village Board and of at least six feet
in height for each 50 feet, or as determined by the Village Board, of frontage
on all streets proposed to be dedicated. The required trees shall be planted
between the curb or edge of shoulder and right-of-way line. Under no circumstances
shall trees be planted closer than 25 feet to the center radius of the street
intersection.
L.
Specifications. Unless otherwise stated, all of the required
improvements shall conform to engineering standards and specifications as
required by the Village Board. Such improvements shall be made in sequence
as determined by the Village Engineer.
A.
Subdivider to pay Village engineering, inspection, consulting
and legal costs. The subdivider shall pay all engineering, inspection, consulting
and legal fees incurred by the Village for services performed by or on behalf
of the Village in conjunction with the design, inspection and review of any
preliminary plat, certified survey, final plat, comprehensive development
plan or contract, the drafting of documents, and such inspections as the Village
Engineer deems necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of the Village
or any other governmental authority. Consulting, engineering, inspection and
legal fees shall be the actual costs to the Village on the basis of submitted
invoices plus twice the actual payroll costs for time spent by any employees
of the Village. Such fees may be billed monthly or upon completion of the
project as determined by the Village Board.
B.
Security deposit for payment of fees. To guarantee payment of the engineering, inspection and attorney fees, the subdivider shall deposit the sum of $250 plus $50 for each lot or parcel within a preliminary plat or comprehensive development, or, in the case of a certified survey, the sum of $75 plus $50 for each lot or parcel within the land division, with the Village Clerk-Treasurer at the time that the application for approval is filed. If the fees described in Subsection A are paid timely, the deposit required by this subsection will be refunded at the time that the final plat, comprehensive development, or certified survey is approved by the Village Board or 30 days after the preliminary plat, comprehensive development, certified survey, or final plat is rejected. In the event that the subdivider fails to pay such fees within 14 days of the time when the Village submits its bill therefor, the Village shall deduct the amount of such fees from the security deposit.
C.
Security for improvements.
(1)
Subdivision within Village. When the land is situated
within the corporate limits of the Village, the subdivider shall, at the time
the development contract is entered, furnish a bond, irrevocable letter of
credit or certified check to the Village in an amount equal to 100% of the
estimated cost of all required improvements, as determined by the Village
Engineer.
(2)
Extraterritorial developments. When the land is situated
within the extraterritorial jurisdiction of the Village, the subdivider shall,
at the time the contract is entered, furnish a bond, irrevocable letter of
credit or certified check to the Village in the amount equal to 100% of the
estimated cost of all improvements which are required to receive services
from the Village, including Village utilities, or by the town in which the
development is located or Dane County, as determined by the Village Engineer
or appropriate town or county official.
(3)
Staged developments. Where staging is permitted, the
subdivider shall deposit a bond, irrevocable letter of credit or certified
check with the Village at the time the contract is entered and upon completion
of the first and each successive stage of construction. The security deposit
shall be in an amount equal to 100% of the estimated costs of improvements
next required by the installation and construction schedules as determined
by the Village Engineer. Improvements constructed during the first stage and
each successive stage of construction shall not be accepted nor shall any
building permit be issued for construction or comprehensive development until
the security required for the next stage of construction has been posted with
the Village.
D.
Form of security.
(1)
The security posted shall be in such form as is acceptable
to the Village Board and approved by the Village Attorney. When a certified
check is posted as security, the instrument must be negotiable by the Village.
When a letter of credit is posted as security, the Village must be the beneficiary.
When the security is furnished to insure the construction of required improvements
within the extraterritorial jurisdiction of the Village, it may
name the town and Dane County or either of them as additional obligees, payees
or beneficiaries.
(2)
The security deposit shall guarantee that all required
improvements will be made and installed according to Village specifications
by the subdivider or its contractors not later than 18 months from the date
that the plat is recorded or, where staging is permitted, that each stage
will be completed by the date specified in the installation and completion
schedule and shall be used, applied, or released pursuant to the following.
E.
Release of security.
(1)
For improvements within the corporate limits, the security
furnished shall remain in full force for a period of one year after the completion
of the project and acceptance by the Village Board unless partially released
as hereinafter provided.
(a)
The security shall be held to guarantee the work performed
pursuant to private contracts against defects in workmanship and materials.
If any defect appears during the period of the guarantee, the subdivider or
its contractor shall, at its expense, install replacements or perform acceptable
repairs. In the event that the subdivider fails to install the replacement
or perform the repairs, the Village may do so and deduct the cost thereof
from the security deposit. Unless defects have appeared and have not been
repaired, the Village will release the security to the subdivider upon expiration
of the one-year guarantee period.
(b)
The Village may from time to time, but no more often
than monthly during the course of construction, partially release the security
furnished when:
[1]
The reduced security deposit will be sufficient to guarantee
the work performed pursuant to private contract against defects in material
and workmanship or will be at least 25% of the total cost of improvements,
whichever is greater;
[2]
Affidavits or lien waivers, in a form acceptable to the
Village and approved by the Village Attorney, evidencing full payment for
the subdivision improvements which have been completed are submitted with
the request for a partial security release; and
[3]
An application for partial security release has been
filed with the Village Engineer before the 10th day of the month.
(2)
Improvements within the extraterritorial jurisdiction.
(a)
The security furnished shall be returned to the subdivider
upon completion of all required improvements and their acceptance by the town
in which they are situated unless partially released as hereinafter provided.
(b)
The Village may from time to time, but no more than monthly
during the course of construction, partially release the security furnished
when:
[1]
The reduced security will be sufficient to assure that
uncompleted improvements will be timely made and installed.
[2]
The partial release has been authorized by all other
parties named as additional obligees, payees, or beneficiaries on the security
furnished by the subdivider.
[3]
An application for such partial release has been filed
with the Village Engineer on or before the 10th day of the month.
A.
Electric, gas, sewer, water, and cable television. The
Plan Commission shall require easements for poles, wires, conduits, storm
and sanitary sewers, gas, water and hydrants, cable television or other utility
lines. Easements shall be at least 20 feet wide for one pipe, 30 feet wide
for two pipes and 40 feet wide for three pipes and may run along side or rear
lot lines. Such easements should preferably be located along the rear lot
lines. All plans shall bear the approval of the easement by an authorized
utility representative when such plans are submitted to the Plan Commission.[1]
B.
Drainageways. The Plan Commission may require that easements
or drainageways be provided where a subdivision includes a segment or segments
of watercourses, drainageways, channels or streams.
Where the Plan Commission finds that extraordinary hardships or particular
difficulties may result from strict compliance with this chapter, it may recommend
to the Village Board variations or exceptions to this chapter so that substantial
justice may be done and the public interest secured, provided that such variance
shall not have the effect of nullifying the intent and purpose of this chapter
and further provided that the Plan Commission shall not recommend variations
or exceptions to the regulations of this chapter unless it shall make findings
based upon evidence presented to it in each specific case that:
A.
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.
B.
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.
C.
Because of the particular physical surroundings, the
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.
Invalidation of any part of this chapter by a court of competent jurisdiction
shall not invalidate the remainder of this chapter. Invalidation of the application
of any provision shall not affect the application of said provision to any
other subdivision not specifically included in such judgment.
See Chapter 287, Public Lands, Dedication of, of this Code for parkland dedication requirements.
A.
Building Inspector to enforce. The Building Inspector
shall have primary responsibility for enforcing this chapter. No building
permit shall be issued for construction on any lot until the final plat for
the subdivision has been duly recorded or a certified survey map is recorded.
B.
Penalties and remedies for violations. Any person who
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
and applicable fees or surcharges 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. In addition, the remedies provided
by §§ 236.30 and 236.31, Wis. Stats., shall be available to
the Village.[1]
