[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:
ALLEY
A public right-of-way not less than 25 feet in width which normally affords a secondary means of vehicular access to abutting property.
ARTERIAL STREET
A street which provides for the movement of relatively heavy traffic to, from, or within the 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.
BLOCK
A portion of a parcel of land surrounded by streets.
COLLECTOR STREET
A street which collects and distributes internal traffic within an urban area, such as a residential neighborhood, between arterial and local streets. It provides access to abutting property.
COMPREHENSIVE MASTER PLAN
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]
CUL-DE-SAC
A short street having but one end open to traffic and the other end permanently terminated in a vehicular turnaround.
GOVERNING BODY
The Village Board.
HALF STREET
A street having only 1/2 of its intended roadway width developed to accommodate traffic.
LOCAL STREET
A street of little or no continuity designed to provide access to abutting property and leading into collector streets.
LOT
A piece, parcel or plot of land intended for building development or as a unit for transfer of ownership.
MINOR SUBDIVISION
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.
MUNICIPALITY
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.
PLAN COMMISSION
See Chapter 9, Boards, Committees and Commissions, of this Code.
PLAT
The map, drawing or chart on which the subdivider's plan of subdivision is presented to the Village Board for approval.
SUBDIVISION or LAND DIVISION
Any division of a parcel of land by the owner or owner's agent for the purpose of sale or building development where:
A. 
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.
B. 
Three or more parcels are created by successive divisions within a five-year period with the same exception as in Subsection A above.
C. 
Provided, however, that this chapter shall not apply to:
(1) 
Transfers of interest in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years.
(3) 
Mortgages or easements.
(4) 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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) 
For purposes of this Subsection C, the following definitions shall apply:
BASE OF HILLSIDE
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%.
HILLSIDE
The area of greater than twenty-percent slope lying between the base of the hillside and the top of the hillside.
HILLTOP
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.
HILLTOP EDGE
An area measured upslope from the top of hillside and perpendicular to the slope, being 150 horizontal feet in depth.
TOP OF HILLSIDE
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%.
TWENTY-PERCENT SLOPE
A vertical elevation differential of 10 feet in any 50 horizontal feet, the horizontal distance being measured perpendicular to the slope.
VIEWSHED
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.
D. 
Other applicable provisions. In addition to the provisions of this chapter and Ch. 236, Wis. Stats., all subdivisions and land divisions shall conform to Chapter 310, Zoning, and the Official Map and the Comprehensive Master Plan for the Village and its extraterritorial planning area.
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
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
(c) 
Grades.
[1] 
Unless necessitated by exceptional topography, subject to the approval of the Plan Commission, the maximum center-line grade of any street or public way shall not exceed the following:
[a] 
Arterial streets: 6%.
[b] 
Collector streets: 8%.
[c] 
Local streets and frontage streets: 10%.
[d] 
Pedestrianways: 12% unless steps of acceptable design are provided.
[2] 
The grade of any street shall in no case exceed 12% or be less than 0.5%.
(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]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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:
(a) 
Arterial streets and highways: 500 feet.
(b) 
Collector streets: 300 feet.
(c) 
Local streets: 100 feet.
(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.
(14) 
Corners. Curblines at street intersections shall be rounded at a radius of not less than 20 feet.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
C. 
Block design.
(1) 
Length, width and shape. The lengths, widths and shapes of blocks shall be appropriate for the topography and the type of development contemplated.
(2) 
Sidewalks. Where a block side exceeds 900 feet in length, a pedestrian walkway through the center of the block shall be provided. Such pedestrian walkways shall be not less than 10 feet wide.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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:
(a) 
The underground utilities were installed in the previous construction season; or
(b) 
The construction of underground utilities, including mechanical compaction and compaction tests, has been approved by the Village Engineer.
(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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also Ch. 221, Sewer Utility.
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.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
(3) 
The rules of the Village's Water Utility on file with the Wisconsin Public Service Commission are hereby adopted by reference and made a part hereof as though fully set forth herein.[7]
[7]
Editor's Note: See Ch. 261, Water Utility.
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).