[HISTORY: Adopted by the Town Board of the
Town of Cedarburg 2-1-2006. Amendments noted where applicable.]
The title of this chapter is the "Town of Cedarburg
Land Division Ordinance." The purpose of this chapter is to regulate
and control the division of land within the limits of the Town of
Cedarburg, Ozaukee County, Wisconsin, in order to accomplish all of
the following purposes:
A.
Promoting the public health, safety, convenience,
and general welfare of the Town of Cedarburg.
B.
Supplementing county, state, and federal land division
controls to implement any Town comprehensive plan, master plan, or
other land use plans.
C.
Promoting the planned and orderly layout and use of
the land in the Town of Cedarburg.
D.
Encouraging the most appropriate use of the land throughout
the Town of Cedarburg.
E.
Minimizing the public impact resulting from the division
of large tracts into smaller parcels of land in the Town of Cedarburg.
F.
Facilitating the adequate provision of transportation,
water, sewerage, health, education, recreation, and other public requirements
in the Town of Cedarburg.
G.
Providing the best possible environment for human
habitation in the Town of Cedarburg.
H.
Enforcing the goals and policies set forth in any
Town comprehensive plan, master plan, or other land use plans.
I.
Ensuring that the design of the street system will
not have a negative long-term effect on neighborhood quality, traffic
flow, and safety in the Town of Cedarburg.
J.
Realizing goals, objectives, policies, and development
standards set forth in plans, codes, and ordinances adopted by the
Town of Cedarburg.
K.
Securing safety from fire, flooding, and other dangers
in the Town of Cedarburg.
L.
Avoiding the inefficient and uneconomical extension
of governmental services in the Town of Cedarburg.
M.
Conserving the value of prime agricultural soils in
the Town of Cedarburg.
N.
Providing for the conservation of the agriculturally
important lands in the Town of Cedarburg by minimizing conflicting
land uses.
O.
Promoting the rural and agricultural character, scenic
vistas, and natural beauty of the Town of Cedarburg.
P.
Ensuring accurate legal descriptions.
Q.
Providing for administration and enforcement of this
chapter by the Town Board.
This chapter was adopted under the statutory
authority granted pursuant to the village powers of the Town of Cedarburg
in §§ 60.10(2)(c), 60.22(3), 61.34(1), 236.03, and
236.45, Wis. Stats. This chapter was adopted by the Town Board after
its receipt of a formal written recommendation of this chapter dated
February 1, 2006, from the Town planning agency under §§ 61.35,
62.23 and 236.45(2), Wis. Stats, which for the Town of Cedarburg is
the Town of Cedarburg Plan Commission.
The Town Board, by this chapter, adopted on
proper notice with a quorum and roll call vote by a majority of the
Town Board present and voting, provides the authority for the Town
Board to regulate and approve certain land divisions and certified
surveys in the Town of Cedarburg. Pursuant to § 236.45(4),
Wis. Stats., a public hearing was held before the adoption of this
chapter and notice of the hearing was given by publication of a Class
2 notice under Ch. 985, Wis. Stats.
In this chapter, the following definitions shall
apply:
As provided in § 91.01(1), Wis. Stats., beekeeping;
commercial feedlots; dairying; egg production; floriculture; fish
or fur farming; forest and game management; grazing; livestock raising;
orchards; plant greenhouses and nurseries; poultry raising; raising
of grain, grass, mint, and seed crops; raising of fruits, nuts, and
berries; sod farming; placing land in federal programs in return for
payments in kind; owning land, at least 35 acres of which is enrolled
in the conservation reserve program under 16 U.S.C. §§ 3831
to 3836; participating in the milk conservation reserve program under
7 U.S.C. § 1446(d); and vegetable raising.
A public right-of-way 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 Town. It has a secondary function of
providing access to abutting land.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A certified survey with the map of a minor land division
of less than or equal to four lots prepared in accordance with § 236.34,
Wis. Stats., and in full compliance with the applicable provisions
of this chapter. A certified survey map has the same legal force and
effect as a land division plat. All minor land divisions of less than
or equal to four lots require a certified survey map by a registered
land surveyor.
[Amended 5-1-2013 by Ord. No. 2013-6]
Development from a land division in which dwellings and other
buildings are grouped densely on only a portion of a development parcel,
in contrast to conventional practice, which distributes development
evenly across the entirety of a parcel, in order to accomplish any
of the following:
Preserve by deed restriction, including conservation
or open space easements, restrictive covenant and development rights
transfers, the majority of the land division parcel for present or
future agricultural use or conservation; and
Create, maintain, or expand protective barriers
contiguous with lakes, wetlands, and other natural resources in the
Town of Cedarburg.
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.
The Plan Commission created by the Town Board pursuant to
§ 62.23, Wis. Stats.[1]
A comprehensive plan prepared by the Town indicating the
general locations recommended for the various functional classes of
land use, places and structures, and for the general physical development
of the Town, and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A conceptual layout of a proposed development on a topographic
map, which is submitted for formal review.
A building or a group of buildings in which units are owned
individually and the building common areas and facilities are owned
by all owners on a proportional, undivided basis. A condominium is
a legal form of ownership and not a specific building type or style.
As provided in § 700.40, Wis. Stats., a holder's
nonpossessory interest in real property imposing any limitation or
affirmative obligation, the purpose of which includes retaining or
protecting natural, scenic or open space values of real property,
assuring the availability of real property for agricultural, forest,
recreational or open space use, protecting natural resources, maintaining
or enhancing air or water quality, preserving a burial site, as defined
in § 157.70(1)(b), Wis. Stats., or preserving the historical,
architectural, archaeological or cultural aspects of real property.
A housing development land division in a rural setting that
is characterized by compact lots and common open space and where the
natural features of land are maintained to the greatest extent possible.
A street having but one end open to traffic and the other
end being permanently terminated in a vehicular turnaround.
A restriction on the use of a property set forth in a deed
or other instrument of conveyance, including but not limited to a
restrictive covenant, conservation easement, transfer of development
rights, or any restriction placed on undeveloped land as a condition
for the division or development of the undeveloped land.
An agreement by which the local municipality and the subdivider
agree in reasonable detail to all of those matters which the provisions
of these regulations permit to be covered by the developer's agreement.
The developer's agreement shall not take effect unless and until an
irrevocable letter of credit or other appropriate surety has been
issued to the local municipality.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions change the title from a joint
tenancy to a tenancy in common or from a tenancy in common to joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities, where
a city or village has adopted a comprehensive zoning plan.
A map prepared in accordance with requirements of Ch. 236,
Wis. Stats., and this chapter for the purpose of precisely dividing
larger parcels into lots and used in conveying these lots.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any person, partnership, corporation, or other legal entity
that has an ownership or other legal interest in the subject land
that is being divided or is proposed to be divided, resulting in a
land division.
The division of a lot, outlot, parcel, or tract of land by
the owner of the land, or the owner's agent, for the purpose of sale
or for development when the act of division creates two or more parcels
or building sites, inclusive of the original remnant parcel, by a
division or by successive divisions of any part of the original property
within a period of five years, including any land division by or for
a major subdivision, conservation subdivision, cluster development,
major or minor land division, replat, and certified survey map, and
any other land division. No residual parcel resulting from any division
of land shall be permitted.
The Town of Cedarburg Comprehensive Land Use Plan, concerning
issues of land use in the Town, adopted by the Town of Cedarburg,
including any subsequent amendment, but does not include any Town
comprehensive plan adopted under § 66.1001, Wis. Stats.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of not less than the minimum lot size for the appropriate
zone as established by the Zoning Code,[2] which is created by a land division, with the designated
parcel, tract, or area of land established by land division plat,
certified survey map, or as otherwise permitted by law to be conveyed,
used, developed, or built upon as a unit.
The area contained within the exterior boundaries of a lot,
excluding streets, easements and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building
line.
The division of a lot, as defined by § 236.02(12),
Wis. Stats., by the owner, subdivider, or his successor in title,
for the purpose of transfer of ownership or building development,
where the division creates five lots or more greater than one acre
in five years.
[Amended 5-1-2013 by Ord. No. 2013-6]
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
The plan, concerning issues of land in the Town, adopted
pursuant to § 62.23, Wis. Stats.
Any division of land other than a major subdivision as defined herein of not more than four parcels. Any residual parcel resulting from any division of land shall be included in the minor land division. The minimum land division under this chapter shall comply with the standard design and improvement requirements in § 184-13 and the minor land division requirements in § 184-12.
A street used, or intended to be used, primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
Air, land, water, groundwater, drinking water supplies, wildlife,
fish, biota, and other such resources belonging to, managed by, appertaining
to, or otherwise controlled by the United States, State of Wisconsin,
or the Town.
Any body of water which is navigable under the laws of the
state.
A parcel of land other than a lot or block so designated
on a land division plat or certified survey map.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
Contiguous lands under the control of a land divider not
separated by streets, highways, navigable rivers, or railroad rights-of-way.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Town for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Plan Commission/Town
Board for their consideration as to compliance with the Comprehensive
Development Plan and these regulations along with required supporting
data.
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Town may ultimately assume the
responsibility for maintenance and operation.
The process of changing the map or plat which changes the
boundaries of a recorded major subdivision plat, minor land division,
certified survey map, or other land division or part thereof. The
division of a large block, lot, or outlot within a recorded subdivision
plat or certified survey which changes the exterior boundaries of
said lot, block, or outlot is a replat.
A deed restriction on the use of the land usually set forth
in the deed. A restrictive covenant runs with the land and is binding
upon subsequent owners of the property.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel, or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres or less in area, or
where the act of division creates five or more parcels or building
sites of 1 1/2 acres each or less by successive division within a
period of five years, whether done by the original owner or a successor
owner.
The Town of Cedarburg, Ozaukee, County, Wisconsin.
The Board of Supervisors for the Town of Cedarburg, Ozaukee
County, Wisconsin, and includes designees of the Board authorized
to act for the Board.
The Clerk of the Town of Cedarburg, Ozaukee County, Wisconsin.
A comprehensive plan adopted by the Town Board of the Town
of Cedarburg under § 66.1001, Wis. Stats.
The Town of Cedarburg Plan Commission appointed by the Town
Chair of the Town of Cedarburg, Ozaukee County, Wisconsin.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophitic vegetation
and that has soils indicative of wet conditions.
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
The Wisconsin Statutes, including successor provisions to
cited statutes.
A.
The provisions of this chapter, as it applies to land
divisions of tracts of land in the Town of Cedarburg, shall not apply
to any of the following:
(1)
Transfers in interest in land by will or pursuant
to court order.
(2)
Leases for a term of not more than 10 years, mortgages,
or easements.
(3)
The sale or exchange of land between owners of adjoining
property if additional lots are not thereby created and if the lots
resulting are not reduced below the minimum size of one acre.
A.
This chapter applies to all lands in the Town of Cedarburg.
The Town Board shall be responsible for administering this chapter
unless it designates by resolution such other authority.
B.
No person, unless exempt under this chapter, shall
divide or create a land division of any land in the Town of Cedarburg
without being subject to the requirements of this chapter, and no
land division, including any cluster development, conservation subdivision,
major subdivision, certified survey map, condominium plat, replat
or minor land division, shall be entitled to be recorded in the office
of the Register of Deeds for Ozaukee County unless the final land
division, plat, or map as approved by the Town Board or its designee
is in full compliance and consistent with all of the following:
(2)
Chapter 236, Wis. Stats.
(3)
The Town of Cedarburg Comprehensive Land Use Plan
adopted under § 66.1001, Wis. Stats., or other Town land
use plan or any component thereof.
(4)
The applicable Town of Cedarburg and County of Ozaukee
zoning regulations, Building Code, Sanitary Code, erosion control
regulations, stormwater management regulations, and other land division
regulations.
(5)
State Department of Natural Resources administrative
rules on wetlands, shorelands, sewers, septic systems, stormwater
management, and pollution abatement.
(6)
All applicable state and local sanitary codes.
(7)
All of the Town of Cedarburg ordinances
(8)
All State Department of Transportation and County
of Ozaukee Highway Department administrative rules relating to safety
of access and the preservation of the public interest and investment
in the highway system, if the land owned and controlled by the land
divider abuts on a state or county trunk highway or connecting road
or street.
(9)
All applicable extraterritorial, comprehensive, and
master plans, extraterritorial zoning or plat review ordinances, or
official maps adopted pursuant to § 62.23, Wis. Stats.,
and any other applicable Town of Cedarburg, county, or extraterritorial
authority ordinances and regulations.
C.
Permit fees shall be established annually in January
or thereafter by resolution of the Town Board prior to any new land
division plat approvals and certified survey map approvals and prior
to any person commencing any form of construction or installation
of any building in the Town of Cedarburg.
E.
Any parcel in the Town of Cedarburg, which shall be
divided by a land division, regardless of the lot size or number of
lots created, which is located wholly or partially within a shoreland
zoning district, floodplain district, or a wetland area identified
by a governing agency shall require, at minimum, a certified survey
map to be recorded in the Ozaukee County Register of Deeds office
with approval by the Town Board or its designee under this chapter
prior to recording.
F.
Any parcel in the Town of Cedarburg which shall be
divided and cause a land division, regardless of the lot, outlot,
or parcel size or number of lots, outlots, or parcels created, shall
comply with §§ 59.692, 281.31, 236.45 and Ch. 703,
Wis. Stats, and any appropriate State Administrative Code provisions.
G.
All visible structures, encroachments, fences, navigable
waters, public streets and public roads shall be shown to scale on
any certified survey map from any land division to be recorded.
H.
Any outlots created on a certified survey map shall
be accompanied with a statement of purpose or use of the outlot.
I.
No person shall construct upon, convey, record, or
place survey monuments, conduct surveys, lay out parcels, lots, or
outlots, or create plats or maps on any land in the Town of Cedarburg
in violation of this chapter or the Wisconsin Statutes.
J.
No person shall request, nor be issued by the Town
Board, a driveway permit, building permit, or any other permit or
license authorizing any construction, installation, or improvement
on any land within the Town of Cedarburg, except land subject to a
land division that was of record as of the effective date of this
chapter, until the provisions and requirements of this chapter have
been fully met by the land divider. The Town Board may institute the
appropriate action or proceedings to enjoin violations of this chapter.
K.
All land division approvals required by the State
Department of Administration or its successor department for specific
land divisions, including any major subdivisions, minor land divisions,
or certified surveys, shall be obtained prior to final approval by
the Town Board or its designees.
L.
All land division, plats, or certified survey maps,
upon receipt of final approval by the Town Board or its designees,
shall be recorded in the office of the Register of Deeds at the cost
of the land divider. Final plat approval shall comply for recording
with §§ 236.21 and 236.25, Wis Stats. All final plats
or certified survey maps shall be accompanied by a copy in electronic
form acceptable to the Town and the County Register of Deeds.
[Amended 11-7-2007 by Ord. No. 2007-17]
M.
No persons shall make, record, or replat any land
division, except as provided under § 70.27(1), Wis. Stats.,
if it alters acres dedicated to the public without proper court action
to vacate such plat, map, or part thereof.
N.
A condominium plat prepared by a land surveyor registered
in Wisconsin is required for all condominium plats, or any amendments
or expansions thereof. The land divider shall comply in all respects
with the requirements of § 703.11, Wis. Stats., and the
following:
(1)
Density. Adequate open space should be provided so
that the average density and intensity of land use shall be no greater
than that permitted for the Town of Cedarburg zoning district in which
it is located.
(2)
Submittal. The land divider shall submit the proposed
site plan, use, and location, existing and proposed structures, neighboring
land and water uses, parking areas, driveway locations, highway access,
traffic generation according to Institute of Traffic Engineers standards,
traffic circulation, drainage, waste disposal, water supply systems,
and the effects the proposed uses, structures, improvements, and operation
have upon the area, including flood damage protection, water quality,
shoreland cover, natural beauty, and wildlife habitat, as prepared
by a professional engineer.
(3)
Review and approval. The Town of Cedarburg shall approve
the plat provided the proposed uses and structures are in accordance
with the purpose and intent of this chapter and are found not to be
hazardous, harmful, offensive, or otherwise adverse to the environmental
corridor, wetlands, floodplain, shoreland cover, drainage, street
and highway system, or park and open space element of the Town of
Cedarburg Comprehensive Land Use Plan.
O.
Where other governing authorities, including the state,
the county, or any extraterritorial municipal body, have the major
or ordinance authority to approve or to object to any proposed land
division and the requirements are conflicting, the land divider and
the land division shall comply with the most restrictive requirements.
A.
All parcels, lots, or outlots that will be proposed
to be divided for land division purposes under this chapter that are
bisected or divided by a public road, public street, public trail,
or a navigable water shall be divided along these natural or constructed
features.
B.
No land shall be issued a land division approval:
(1)
If the Town Board of the Town of Cedarburg determines
that any proposed land division plat or certified survey map will
materially interfere with existing agricultural uses or will conflict
with other goals, objectives, and policies as set forth in the Town
Comprehensive Land Use Plan, master plan, or other land use plan.
In addition, the land division approval must be determined to be,
by the Town Board, consistent with the Town comprehensive plan, if
any, and if any other land division plat approval or certified survey
map approval to the land applies, the most restrictive requirements
to the land apply.
[Amended 10-4-2006 by Ord. No. 2006-11]
(2)
For a purpose that poses a significant threat to the
quality or quantity of groundwater in the Town of Cedarburg.
(3)
If it is held unsuitable by the Town Board for its
proposed use for reason of flooding, inadequate drainage, dangerous
or hazardous land conditions, adverse soil or rock formation, severe
erosion potential, unfavorable topography, inadequate water supply
or sewage disposal or maintenance capabilities, impairment of wildlife
habitat and scenic vistas, improper utilization of prime farm soils,
undue costs and inefficiencies in the provision of Town of Cedarburg
governmental services, or any other feature likely to be harmful to
the health, safety, or welfare of current or future residents of the
Town of Cedarburg, or likely to cause a public nuisance in the Town
of Cedarburg. The Town Plan Commission may require any proposed land
divider to furnish maps, data, and other information as may be necessary
to determine land suitability.
C.
No person shall be issued any land division approval
by the Town Board until the appropriate land division fees have been
paid to the Town Clerk.
D.
No person shall be issued any land division approval
by the Town of Cedarburg who has failed to properly and fully complete
and submit to the Town Board the land division forms developed and
provided by the Town of Cedarburg. All final plats or certified survey
maps submitted for approval shall be accompanied by a copy in electronic
form acceptable to the Town and the County Register of Deeds.
[Amended 11-7-2007 by Ord. No. 2007-17]
E.
No person shall sell any parcel of land, lot, or outlot
of one acre or more in size in the Town of Cedarburg if it abuts on
a road which has not been accepted as a public road unless the seller
informs the land purchaser in writing of the fact that the road is
not a public road and is not required to be maintained by the Town
of Cedarburg or the County of Ozaukee.
F.
No person shall be issued a final land division approval
by the Town Board:
(1)
Until the land divider makes or installs all public
improvements deemed necessary by the Town Board or until the land
divider executes a surety bond or other security acceptable to the
Town Board to insure that the land divider will make these public
improvements within a time established by the Town Board.
(2)
Until the land divider submits and obtains approval
of the proposed land division plat or proposed certified survey map
if required by the following approving authorities:
(3)
Unless any proposed Town of Cedarburg roads have been
specifically accepted for dedication/approved by the Town Board. The
applicant shall finish all necessary improvements in accordance with
plans and standard specifications approved by the Town of Cedarburg
Plan Commission.
(4)
Unless any natural gas, electrical power, cable and
telephone facilities are installed in such manner as to make adequate
service available to each parcel, lot, or outlot in the proposed land
division. No such electricity, cable, or telephone service shall be
located on overhead poles. In addition, plans indicating the proposed
location of any new or replacement natural gas, electric, cable, and
telephone facilities required to serve the land division shall be
noticed to and approved by the Town Board.
G.
No person shall be issued a final land division plat
approval by the Town Board:
(1)
Until the land divider agrees, in writing, that the
land divider will be responsible for the cost of any necessary alteration
of any existing utilities that by virtue of the land division are
within the public right-of-way.
(2)
Unless all public improvements to be constructed or
installed as required by the Town Board within the land division plat
area or certified survey map area meet the requirements established
in writing by the Town Board.
H.
No person shall, unless specifically waived in writing
by the Town Board, be issued a final land division approval by the
Town Board unless formal dedication of parks, open spaces, or sites
for other public uses has been made, as required by the Town Board,
at no cost to the Town of Cedarburg, or such fees, in lieu of such
dedication, as established by the Town Board, shall have been paid
by the land divider to the Town Treasurer of the Town of Cedarburg.
In order to further the goals and policies of
the Town Comprehensive Land Use Plan, master plan, or land use plan,
assuming all other provisions of this chapter are met, the Town Board
will favor plans for land divisions that provide for a cluster development
or conservation subdivision. At the discretion of the Town Board,
deed restrictions, including restrictive covenants, or conservation
easements, or both, may be required for such plans that include the
cluster development or conservation subdivision.
A.
Any land divider who divides, or proposes to divide
for land division purposes, land located in the Town of Cedarburg
that will create a land division, including a cluster development,
major subdivision, certified survey map, minor land division, replat,
or revision of an existing land division, shall, prior to any submittal
of any preliminary plat or certified survey map information, submit
to the Plan Commission a land division concept plan checklist and
concept plan with the appropriate fee. Checklist forms may be obtained
from the Town Clerk.
(1)
The intention is to inform the subdivider of the purpose
and objectives of these regulations, the Comprehensive Land Use Plan,
comprehensive plan components and duly adopted plan implementation
devices of the Town and to otherwise assist the subdivider in planning
his/her development. In so doing, both the subdivider and planning
agency may reach mutual conclusions regarding the general program
and objectives of the proposed development and its possible effects
on the neighborhood and community. The subdivider will gain a better
understanding of the subsequent required procedures.
(2)
This provision does not apply to a correction instrument,
except that if the affidavit in the correction instrument would change
the areas dedicated to the public or restricted for the public benefit,
then the Town Board must approve such change.
B.
With any initial land division concept plan checklist
the land divider shall submit 20 copies of a concept plan to the Plan
Commission. Each submission shall include all contiguously owned land,
except that the concept plan need not show more than 20 times the
area of the intended certified survey. The concept plan shall comply
with the land division concept plan checklist, available from the
Town Clerk.
C.
The Town Director of Public Works shall review the
initial land division concept plan checklist and concept plan for
completeness, including payment of the applicable concept plan checklist
fee. The Town Director of Public Works shall thereafter notify the
land divider if the concept plan checklist is determined by the Town
Director of Public Works to be complete or incomplete. The Town Director
of Public Works shall provide written reasons for any alleged incompleteness
of the concept plan checklist with the notification. The Town Clerk
shall transmit the copies of any complete or incomplete land division
concept plan checklist and concept plans to the Town Plan Commission.
D.
The Town Clerk shall send to the land divider a notice
and agenda of the scheduled date of the Town Plan Commission for the
appropriate meeting to review and consider the complete or incomplete
concept plan checklist and any preliminary approvals for the land
division prior to the date of the meeting.
E.
The land divider or the land divider's designee shall
attend the meeting and present the proposed land division, preliminary
plat or map documents and concept plan to the Town Plan Commission
for its consideration. Failure of the land divider or designee to
attend the meeting or provide a complete land division concept plan
checklist may be used as grounds for the Town Plan Commission to recommend
denial of any later requested approvals for the land division.
A.
After the submittal of the concept plan and checklist as noted in § 184-9 and the review by the Plan Commission, the land divider shall submit the preliminary plat/certified survey map checklist, the major subdivision preliminary plat, public improvements plan, and other relevant document information to be reviewed by the Town Plan Commission for conformance and consistency with §§ 236.11 and 236.12, Wis. Stats., and this chapter, any Town comprehensive plan, any land use plan or master plan and all other applicable Town of Cedarburg ordinances, rules, regulations, and plans. The Town Plan Commission shall also review applicable county, state and federal laws, ordinances, rules, regulations and plans for consistency and conformity that may affect the proposed major subdivision.
B.
Before submitting a preliminary plat for approval,
the subdivider shall prepare a preliminary plat and a letter requesting
approval of the preliminary plat. The preliminary plat shall be prepared
in accordance with this chapter, and the subdivider shall file an
adequate number of copies of the plat and the request for approval
as required by this section with the Town Clerk at least 30 days prior
to the meeting of the Plan Commission at which action is desired.
The Town Clerk shall submit a copy of the preliminary plat to the
Plan Commission and to the Town Administrator for review and written
report of his recommendations and reactions to the proposed plat.
(1)
Simultaneously with the filing of the preliminary
plat, the owner shall file with the Town Clerk five complete sets
of pre-final plans 90% complete and specifications for the construction
of any public improvements required by this chapter. The plans for
all public improvements shall be prepare in accordance with the pre-final
plan checklist. This checklist shall be included with the submittal
of the preliminary plat.
(2)
The Plan Commission shall require submission of a
draft of the legal instruments and rules for proposed property owners'
associations when the subdivider proposes that common property within
a subdivision would be either owned or maintained by such an organization
of property owners.
(3)
The surveyor preparing the preliminary plat shall
certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that he has fully
complied with the provisions of this chapter. The following shall
also be filed with the preliminary plat:
(a)
A statement of the proposed use of lots stating
type of residential buildings with number of proposed dwelling units
and types of business or industry so as to reveal the effect of the
development on traffic, fire hazards and congestion of population;
(b)
If any zoning changes are contemplated, the
proposed zoning plan for the areas, including dimensions; and
(c)
Where the subdivider owns property adjacent
to that which is being proposed for the subdivision, the Plan Commission
may require that the subdivider submit a preliminary plat of the remainder
of the property so as to show the possible relationships between the
proposed subdivision and future subdivision. In any event, all subdivisions
must be shown to relate well with existing or potential adjacent subdivisions.
(4)
Referral to other agencies. The Town Clerk shall,
within two days after filing, transmit two copies to the County Zoning
Committee, if the subdivision involves a shoreland zoning district(s),
two copies to the County Park Commission, if the subdivision adjoins
a county park, two copies to the Supervisor of Plat Review in the
Wisconsin Department of Administration, additional copies to the Supervisor
of Plat Review for retransmission of two copies each to the Wisconsin
Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or a connecting street and the Wisconsin Department
of Commerce if the subdivision is not served by the public sewer and
provision for such service has not been made, and an adequate number
of copies to the Plan Commission. The County Zoning Committee, the
Wisconsin Department of Administration, the Wisconsin Department of
Transportation and the Wisconsin Department of Commerce shall be hereinafter
referred to as objecting agencies.[1]
C.
The subdivider shall submit to the Town Clerk and
to those agencies having the authority to object to plats under provisions
in Ch. 236, Wis. Stats., copies of a preliminary plat based upon an
accurate exterior boundary survey by a registered land surveyor which
shall show a major subdivision preliminary plat which shall be required
for all proposed major subdivisions and shall be based upon a survey
by a registered land surveyor and the plat prepared on paper of good
quality at a map scale of not more than 100 feet to the inch and shall
show correctly and completely on its face all items listed in the
preliminary plat/certified survey map checklist.
D.
Unless the timeline is extended by agreement with
the land divider, the Town Board shall, within 90 days of the date
of receipt by the Town Clerk of a complete proposed preliminary plat,
deem the major subdivision preliminary plat complete, grant preliminary
approval of, grant conditional approval of, or reject the major subdivision
plat as proposed. One copy of the major subdivision preliminary plat
shall thereupon be returned to the land divider with the date and
action endorsed thereon. If approved conditionally or rejected, the
conditions for approval or reasons for rejection shall be stated in
the minutes of the meeting and a letter setting forth the conditions
of approval or the reasons for rejection shall be sent to the land
divider. Reasons for conditional approval or rejection may include
nonconformance or inconsistency with this chapter, the Town comprehensive
plan, master plan, or other land use plan, nonconformance or inconsistency
with Town of Cedarburg ordinances, rules, regulations, or plans, and
nonconformance with applicable county, municipal, state, or federal
laws, ordinances, rules, regulations, or plans. One copy of the major
subdivision preliminary plat shall be filed with the Town Clerk for
the Town of Cedarburg records.
E.
In the event of a rejection of the proposed major
subdivision preliminary plat by the Town Board, the Town Board shall
recite in writing the particular facts upon which it bases its conclusion
for rejection, including incompleteness of preliminary plat/certified
survey map checklist or that the land is not suitable for the proposed
land division. The Town Plan Commission shall afford the land divider
30 days from the notification of rejection for the opportunity to
review the Town Board's decision of unsuitability and present evidence
refuting the determination, if so desired. Thereafter, the Town Plan
Commission may recommend that the Town Board affirm, modify, or withdraw
its prior determination of unsuitability. The Town Board may affirm,
modify, or override the Town Plan Commission decision or recommendation.
The Town Board shall recite in writing findings for any decision to
modify or override the Town Plan Commission's decision or recommendation.
F.
If the Town Board denies two consecutive major subdivision
preliminary plats for the same parcel, no subsequent reapplication
for a major subdivision approval of that parcel will be accepted,
received, or considered by the Town Board or Town Plan Commission
within three months of the second denial.
G.
The subdivider shall pay a fee equal to the actual
cost to the Town for all engineering work incurred by the Town in
connection with the preliminary plat and public improvement plan.
H.
The subdivider shall pay a fee equal to the cost of
any legal, administrative or fiscal work which may be undertaken by
the Town in connection with the preliminary plat and public improvement
plan.
A.
The major subdivision final plat shall comply fully
with §§ 236.11, 236.12, 236.20, 236.21, and 236.25,
Wis. Stats.
B.
The Town Clerk shall refer two copies of the final
plat to the Plan Commission, one copy to the Town Administrator, and
a copy each to the telephone, gas, cable, power and other utility
companies. The abstract of title or registered property report shall
be referred to the Attorney for his examination and report. The Town
Clerk shall also refer the final plans and specifications of public
improvements to the Town Administrator for review. The recommendations
of the Plan Commission and Town Administrator shall be made within
30 days of the filing of the final plat. The Town Administrator shall
examine the plat or map and final plans and specifications of public
improvements for technical details and, if he finds them satisfactory,
shall so certify in writing to the Plan Commission. If the plat or
map or the plans and specifications are not satisfactory, the Town
Administrator shall return them to the owner and so advise the Plan
Commission.
C.
The Plan Commission shall examine the final plat as
to its conformance with the approved preliminary plat, any conditions
of approval of the preliminary plat, this chapter and all ordinances,
rules, regulations, comprehensive plans and comprehensive plan components
which may affect it and shall recommend approval, conditional approval
or rejection of the plat to the Town Board.
D.
The Town of Cedarburg requires an updated abstract
of title certified to date of submission or, at the option of the
applicant, a policy of title insurance or a certificate of title from
an abstract company for examination in order for the Town Board or
its designees to ascertain that all parties in interest have signed
the owner's certificate on any plat.
E.
A copy of the approved major subdivision final plat
shall be recorded with the Register of Deeds office within six months
of the approval by the Town Board. All final plats shall be accompanied
by a copy in electronic form acceptable to the Town and the County
Register of Deeds.
[Amended 10-4-2006 by Ord. No. 2006-11; 11-7-2007 by Ord. No. 2007-17]
F.
A copy of the approved major subdivision final plat
as recorded in the Register of Deeds office shall be filed with the
Town Clerk within five days of the recording.
G.
Prior to any request for any major subdivision final
plat approval and recording of the plat or map, the land divider shall
seek and obtain from the Town Board a resolution from the Town of
Cedarburg specifically stating that the Town of Cedarburg accepts
from the land divider all lands shown on the plat as dedicated to
the Town of Cedarburg for the public, including street or road dedications.
H.
Prior to any request for the final major subdivision
approval and recording of the major subdivision plat, the land divider
shall seek and obtain a resolution from the Town specifically stating
what, if any, public benefit restrictions or conditions have been
placed on the platted land by the Town of Cedarburg under § 236.293,
Wis. Stats and by any developer's agreement and developer's schedule.
The Town Board, by resolution, may later waive these restrictions
or conditions.
I.
Prior to any request for the final major subdivision
final plat approval and recording of the major subdivision plat, the
land divider shall seek and obtain a letter of recommendation from
the Town Administrator to the Plan Commission that all public improvements
have been completed in accordance with the approved plan or that a
surety bond or other approved security has been executed to ensure
that he or she will make those improvements in a specified time.
J.
The Town Board shall approve or reject the major subdivision
final plat within 60 days of its submission to the Town Clerk unless
extension of the time is mutually agreed in writing. Appropriate notices
shall be provided as noted in § 236.11(2), Wis. Stats.
K.
The subdivider shall file 10 copies of the final plat
with the Town Clerk for distribution to the approving agencies and
other affected agencies for their files.
L.
The subdivider shall pay a fee equal to the actual
cost to the Town for all engineering work incurred by the Town in
connection with the plat or certified survey map.
M.
The subdivider shall pay a fee equal to the cost of
any legal, administrative or fiscal work which may be undertaken by
the Town in connection with the plat or certified survey map.
N.
Signs and installation costs for traffic control,
street names and any other costs of the Town of Cedarburg not otherwise
provided for in the ordinances are to be paid by the subdivider and/or
included in the contract insuring installation.
Any division that proposes to divide land where no more than four parcels or building sites of one acre or more are created or where no more than four parcels or building sites of one acre or more are created by successive land divisions within a period of five years, or when it is proposed to divide a block, lot or outlot into not more than four parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of the block, lot or outlot, the subdivider shall subdivide by use of a certified survey map, prepared in accordance with § 236.34, Wis. Stats, and § 184-13 and the following provisions of this chapter. Any land division requiring the dedication of public right-of-way for the construction of a public roadway and related public improvements shall not be subdivided by use of a certified survey map.
A.
Prior to submittal of any minor land division or certified survey map, the land divider shall have submitted to the Town Clerk the land division concept plan checklist and concept plan, as noted in § 184-9. The concept plan and checklist shall be reviewed by the Plan Commission for conceptual approval to establish conformity and consistency with surrounding existing or proposed developments, adjacent or future highways, schools, other planned public developments, the Town of Cedarburg comprehensive plan and generally for the effect the minor land division would have on the development of surrounding property.
B.
The subdivider shall cause a certified survey map
to be prepared in accordance with conceptual review made by the Plan
Commission of the concept plan and checklist and submit 20 copies
along with the individual lot percolation tests and soil borings (for
lots not served by public sewer) to the Town Clerk. The Plan Commission
shall review information provided by the subdivider, including an
analysis of soil types; topography; proposed erosion control and stormwater
management; access to any abutting street or highway; conformance
with this chapter, Ch. 236, Wis. Stats., established street and highway
width maps and official maps; and any other information considered
necessary for the review of the land division. If public improvements
are required as a recommendation from the Plan Commission's conceptual
review, the pre-final construction plans shall be submitted in accordance
with the pre-final plan checklist at the same time as the certified
survey map.
C.
Minor land division requirements.
(1)
The certified survey map shall comply with the provisions
of this chapter relating to general requirements, design standards,
and required improvements. Conveyance by metes and bounds shall be
prohibited.
(2)
The survey shall be performed and the map prepared
by a land surveyor registered in the State of Wisconsin.
(3)
All corners shall be monumented in accordance with
§ 236.15(1)(c) and (d), Wis. Stats.
(4)
Certificates and affidavits.
(a)
The map shall include the affidavit of the surveyor
who surveyed and mapped the parcel, typed, lettered or reproduced
legibly with nonfading black ink, giving a clear and concise description
of the land surveyed by bearings and distances, commencing with some
corner marked and established in the U.S. Land Survey. Such affidavit
shall include the statement of the surveyor to the effect that he
has fully complied with the requirements of this section.
(b)
The certificate of approval of the Plan Commission
and the Town Board shall be typed, lettered or reproduced legibly
with nonfading black ink on the face of the map.
(c)
The owner's name, address and signature shall
be included.
(d)
Signature lines and dates for approval by the
Town Chairperson and Town Clerk shall be included.
D.
On-site sewage disposal.
(1)
All lots created by certified survey maps for residential
use will be required to meet the following conditions prior to approval
by the Town Board:
(a)
Certified survey map and land use study (as
required in the land division concept plan checklist) in accordance
with this chapter.
(b)
Complete percolation and boring test which would
support the installation of the initial and replacement conventional
soil absorption systems, in accordance with §§ Comm
83.09(4) and (5) and 83.23, Wis. Adm. Code, and their latest revision.
(c)
Preplanning of lots and the location and size
of the seepage fields for the division of any and all land containing
soils with severe or very severe limitations as indicated in the Town
of Cedarburg Zoning Code. Minimum areas for preplanned soil absorption
systems and requirements for soil absorption systems shall be as specified
in § Comm 85.04(7), Wis. Adm. Code.
(d)
The soils qualifying for the initial and replacement
systems should be located on the lot utilized for residential use.
Piping to another lot or outlot will be permitted only if the following
conditions are met:
[1]
Soil conditions make it necessary for the system
to be located off of the property;
[2]
The initial or replacement system is located
on a subdivision outlot comprised solely of open space commonly held
by the system owner;
[3]
The system is located within 40 feet directly
behind the lot it is intended to serve; and
[4]
The lot piping to the subdivision outlot receives
an easement from the governing body of the subdivision to maintain
the system on the outlot.
(e)
If a lot does not meet the passing requirements of the tests required by Subsection D(1)(b) above, the Town Board may, upon the recommendation of the Town Plan Commission, permit a lot or parcel to be created which will be served by a holding tank and wastewater hauling service, provided that:
[1]
The net area of the lot or parcel is more than
one acre;
[2]
Where a multiple-lot division is either created
or results from several singular land divisions, a complete drainage
plan is submitted by the owner, reviewed by the Town Director of Public
Works and approved by the Town Board;
[3]
The Plan Commission and Town Board retain the
right to reject any plan to divide land with the intent to use holding
tanks at any time they may foresee problems or where, in their opinion,
the land division may not be in the best interest of the Town; and
[4]
The Plan Commission may, from time to time,
recommend and the Town Board may approve requirements to screen holding
tanks as viewed from the road.
E.
The certified survey map shall be reviewed by the
Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, comprehensive plans and comprehensive plan components
which affect it. The Commission shall approve, approve conditionally
or reject such map within 60 days from the date of filing of the map
unless the time is extended by agreement with the subdivider. If the
map is rejected, the reason shall be stated in the minutes of the
meeting and a written statement forwarded to the subdivider.
F.
If the Plan Commission recommends approval of the
certified survey, the Town Board shall, within 90 days of the filing,
approve, approve conditionally or reject the map and shall notify
the subdivider of its decision.
G.
The subdivider shall record the map with the applicable
County Register of Deeds within six months of its approval by the
Town Board and any other approving agencies. Failure to do so shall
necessitate reapproval of the map by the Town Board. All certified
survey maps shall be accompanied by a copy in electronic form acceptable
to the Town and the County Register of Deeds.
[Amended 10-4-2006 by Ord. No. 2006-11; 11-7-2007 by Ord. No. 2007-17]
H.
The land divider shall be required to dedicate any
road right-of-way that the Town of Cedarburg or Ozaukee County deems
necessary and shall be required to build the highway to the appropriate
highway standards. All other requirements established by this chapter,
where applicable, shall be complied with by the land divider. The
cash escrow or letter of credit and any developer's agreement requirements
regarding public and private improvements, as set out in this chapter,
are applicable to minor land divisions and certified survey maps.[1]
[1]
Editor's Note: Original § 12I, which
immediately followed this subsection, was deleted 10-4-2006 by Ord.
No. 2006-11.
I.
Prior to request for the final land division approval
and as condition of the final approval of the certified survey map
by the Town Board, the land divider shall seek and obtain a resolution
from the Town Board specifically stating what, if any, public benefit
restrictions will or have been placed on the minor land division and
certified survey map approval by the Town Board under §§ 236.293
and 236.45, Wis. Stats., and by any developer's agreement and developer's
schedule. These restrictions may include but are not limited to the
submission and approval to the Town Board of construction plans and
a time schedule regarding any and all public and private highways
and other improvements and that a surety bond or other approved security
has been executed to insure that he or she will make those improvements
in a specified time.
K.
The subdivider shall pay a fee equal to the actual
cost to the Town for all engineering work incurred by the Town in
connection with the certified survey map and any required public improvements.
L.
The subdivider shall pay a fee equal to the cost of
any legal, administrative or fiscal work which may be undertaken by
the Town in connection with the certified survey map and any required
public improvements.
M.
Signs and installation costs for traffic control,
street names and any other costs of the Town of Cedarburg not otherwise
provided for in the ordinances are to be paid by the subdivider and/or
included in the contract insuring installation.
The following required improvements shall be
installed in accordance with the engineering standards and specifications
which have been adopted by the Town Board and filed with the Town
Administrator. Where standards and specifications have not been adopted,
the improvements shall be made in accordance with good engineering
practices. Any minor land division or major subdivision shall meet
the following design standards.
A.
Guarantee for installation of required improvements.
(1)
Payment for installation of improvements. The required
improvements to be furnished and installed by the subdivider, which
are listed and described in this chapter, are to be furnished and
installed at the sole expense of the subdivider; provided, however,
that in the case of an improvement, the cost of which would by general
policy be assessed only in part to the improved property and the remaining
cost paid out of general tax levy, provision may be made for payment
of a portion of the cost by the subdivider and the remaining portion
of the cost by the Town. If any improvement installed within the subdivision
will be of substantial benefit to land beyond the boundaries of the
subdivision, provision may be made for causing a portion of the cost
of the improvement, representing the benefit to such land, to be assessed
against the same and in such case the subdivider will be required
only to pay for such portion of the whole cost of said improvement
as will represent the benefit to the property within the subdivision.
(2)
Required agreement providing for proper installation
of improvements.
(a)
Prior to installation of any required improvements
and prior to approval of the final plat, the subdivider shall enter
into a written contract with the Town requiring the subdivider to
furnish and construct said improvements at his sole cost and in accordance
with plans and specifications and usual contract conditions, which
shall include provision for supervision of details of construction
by the Town Administrator and grant to the Town Director of Public
Works authority to correlate the work to be done under said contract
by any subcontractors authorized to proceed thereunder with any other
work being done or contracted by the Town in the vicinity.
(b)
The agreement shall require the subdivider to
make an escrow deposit or in lieu thereof to furnish a performance
bond, the amount of the deposit and the penal amount of the bond to
be equal to 1 1/4 times the estimated total cost of the improvements
to be furnished under the contract, including the cost of inspection,
as approved by the Town Administrator.
(c)
On request of the subdivider, the contract may
provide for completion of part or all of the improvements covered
thereby prior to acceptance of the plat, and in such event the amount
of the deposit or bond shall be reduced in a sum equal to the estimated
cost of the improvements so completed prior to acceptance of the plat
only. If the required improvements are not complete within the specified
period, all amounts held under performance bond shall be turned over
and delivered to the Town and applied to the cost of the required
improvements. Any balance remaining after such improvements have been
made shall be returned to the owner or subdivider. The Town Board,
at its option, may extend the bond period for an additional period
not to exceed two years.
(d)
The time for completion of the work and the
several parts thereof shall be determined by the Town Board upon recommendation
of the Town Administrator after consultation with the subdivider.
(e)
The subdivider shall pay the Town for all costs
incurred by the Town for review and inspection of the subdivision.
This would include preparation and review of plans and specifications
by the Town Administrator, Planner and Attorney, as well as other
costs of a similar nature.
(3)
Procedure.
(a)
Construction plans and specifications. Construction
plans for the required improvements conforming in all respects with
the standards of the Town Administrator and the ordinances of the
Town shall be prepared at the subdivider's expense by a professional
engineer who is registered in the State of Wisconsin, and said plans
shall contain his or her seal. Such plans and specifications, together
with the quantities of construction items and a construction cost
estimate, shall be submitted with the preliminary plat to the Town
Administrator for his review and approval. Upon approval, the plans,
specifications and cost estimate shall become a part of the contract
required. Simultaneously with the filing of the preliminary plat with
the Town Clerk or as soon thereafter as practicable, copies of the
construction plans and specifications shall be furnished by the subdivider
for the following public improvements:
[1]
Street plans and profiles showing existing and
proposed grades, elevations and cross sections of required improvements.
[2]
Sanitary sewer plans and profiles showing the
locations, grades, sizes, elevations and materials of required facilities.
[3]
Storm sewer and open channel plans and profiles
showing the locations, grades, sizes, cross sections, elevations and
materials of required facilities.
[4]
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
[5]
Erosion and sedimentation control plans showing
those structures required to retard the rate of runoff water and those
grading and excavating practices that will prevent erosion and sedimentation.
[6]
Landscape plans showing the locations, species
and time of planting of any required grasses and ground cover.
[7]
Additional special plans or information as required
by Town officials.
(b)
Action by the Town Administrator. The Town Administrator
shall review or cause to be reviewed the plans and specifications
for conformance with the requirements of this Code and other pertinent
Town design standards recommended by the Town Administrator and approved
by the Town Board. If he rejects the plans and specifications, he
shall notify the owner, who shall modify the plans or specifications
or both accordingly. When the plans and specifications are corrected,
the Town Administrator shall approve the plans and specifications
for transmittal to the Town Board. The Town Board shall approve the
plans and specifications before the installation of the improvements
commences.
(c)
Construction and inspection.
[1]
Prior to starting any of the work covered by
the plans approved above, written authorization to start the work
shall be obtained from the Town Administrator upon receipt of all
necessary permits and approvals and in accordance with the construction
methods of this chapter.
[2]
Construction of all improvements required by
this chapter shall be completed within two years from the date of
approval of the preliminary plat by the Town Board, unless good cause
can be shown for the Town Board to grant an extension.
[3]
During the course of construction, the Town
Administrator shall make such inspections as deemed necessary to ensure
compliance with the plans and specifications as approved. The owner
shall pay the actual cost incurred by the Town for such inspections.
This fee shall be the actual cost to the Town of inspectors, engineers
and other parties necessary to ensure satisfactory work.
[4]
As-built plans. After completion of all public
improvements and prior to final acceptance of said improvements, the
subdivider shall make or cause to be made a map showing the actual
location of all valves, manholes, stubs, sewers and water mains, storm
sewers, drain tile and such other facilities as the Town Administrator
shall require. This map shall be in red pen on a clean set of construction
plans of a minimum size of 22 inches by 34 inches and shall bear the
signature and seal of a professional engineer registered in Wisconsin.
The presentation of the map shall be a condition of final acceptance
of the improvements and release of the surety bond assuring their
completion.
B.
Street and road standards.
(1)
Compliance with statutes. In laying out a subdivision,
the owner shall conform to the provisions of Ch. 236, Wis. Stats.,
and all applicable code sections. In all cases where the requirements
of this chapter are different from the requirements of Ch. 236, Wis.
Stats., the more restrictive provision shall apply.
(2)
Dedication. The subdivider shall dedicate land and
improve streets as provided in this chapter. Streets shall be located
with due regard for topographical conditions, natural features, existing
and proposed streets, utilities and land uses and public convenience
and safety. Streets shall conform to the preliminary plat approved
by the Town Plan Commission.
(3)
Required road frontage. All lots shall have frontage
on a public street greater than or equal to 150 feet. Road frontage
is measured as the continuous length along the right-of-way of a single
street. Exceptions to the frontage requirements are as follows:
(a)
Lots on a curve of a radius less than 150 feet
shall have a road frontage greater than or equal to 120 feet.
(b)
Lots with any portion of the frontage on a cul-de-sac
circle, not including the approach curves, shall have a minimum road
frontage of 75 feet.
(c)
Corner lots shall have at least of one of the
road frontages meet the minimum requirements.
(4)
Compliance with Comprehensive Land Use Plan. The arrangement,
character, extent, width, grade and location of all streets shall
conform to the Town's Comprehensive Land Use Plan and to this chapter
and 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 public convenience and safety and
in their appropriate relation to the proposed uses of the land to
be served by such streets. The arrangement of streets in new subdivisions
shall make provision for the appropriate continuation at the same
width of the existing streets in adjoining areas.
(5)
Areas not covered by Official Map. In areas not covered
by the Official Map, the layout of streets shall conform to the plan
for the most advantageous development of adjoining areas of the neighborhood.
Streets shall be designed and located in relation to existing and
officially planned streets, topography and natural terrain, streams
and lakes and existing tree growth, public convenience and safety
and in their appropriate relation to the proposed use of the land
to be served by such streets.
(6)
Street classifications. Streets shall be classified
as indicated below.
(a)
Arterial streets. Arterial streets shall be
arranged to provide through traffic for a heavy volume of vehicles.
(b)
Collector streets. Collector streets shall be
arranged so as to provide ready collection of traffic from residential
areas and conveyance of this traffic to the major street and highway
system and shall be properly related to special traffic generators
such as schools, churches and shopping centers and other concentrations
of population and to the major streets into which they feed.
(c)
Minor streets. Minor streets shall be arranged
to conform to the topography, to discourage use by through traffic,
to permit the design of efficient storm and sanitary sewerage systems
and to require the minimum street area necessary to provide safe and
convenient access to abutting property.
(d)
Proposed streets. Proposed streets shall extend
to the boundary lines of the tract being subdivided unless prevented
by topography or other physical conditions or unless, in the opinion
of the Town Board, such extension is not necessary or desirable for
the coordination of the layout of the subdivision or land division
or for the advantageous development of the adjacent tracts.
(e)
Reserve strips. Reserve strips shall not be
provided on any plat or certified survey map to control access to
streets or alleys, except where control of such strips is placed with
the Town under conditions approved by the Town Board.
(f)
Alleys. Alleys may be provided in commercial
and industrial districts for off-street loading and service access
but shall not be approved in non-multiple-family residential districts.
Dead-end alleys shall not be approved, and alleys shall not connect
to a major thoroughfare.
(7)
Continuation. Streets shall be laid out to provide
for possible continuation wherever topographic and other physical
conditions permit. Provision shall be made so that all proposed streets
shall have a direct connection with, or be continuous and in line
with, existing, planned or platted streets with which they are to
connect. Proposed streets shall be extended to the boundary lines
of the tract to be subdivided, unless prevented by topography or other
physical conditions, or unless in the opinion of the Town Board, upon
the recommendation of the Plan Commission and Town Administrator,
such extension is not necessary or desirable for the coordination
of the layout of the subdivision with existing layout or the most
advantageous future development of adjacent tracts. Dead-end streets
may be permitted on an as-needed basis with the length to be determined
by the Town Board upon a recommendation from the Plan Commission.
(8)
Minor streets. Minor streets shall be so laid out
so as to discourage their use by through traffic.
(9)
Number of intersections. The number of intersections
of minor streets with major streets shall be reduced to the practical
minimum consistent with circulation needs and safety requirements.
(10)
Frontage roads. Where a subdivision abuts or
contains an existing or proposed railroad right-of-way or arterial
highway, the Town Board may require a frontage road, nonaccess reservation
along the rear of the property contiguous to such highway or such
other treatment as may be necessary to ensure safe, efficient traffic
flow and adequate protection of residential properties.
(11)
Roadway protection. Whenever a proposed land
division contains or is adjacent to a railroad right-of-way or public
section line road, adequate protection of residential properties,
limitation of access and separation of through and local traffic shall
be provided by a minimum building setback of at least 100 feet from
the public section line road right-of-way. All developments, regardless
of whether or not they are adjacent to a public section line road,
containing lots within major land divisions shall provide screen planting
contained in a nonaccess planting strip easement along the right-of-way
of the public road or railroad. A nonaccess planting strip easement
of a width established by the applicable zoning district (measured
perpendicular to the road right-of-way) shall be provided along the
entire frontage length of any public road that abuts a major land
division.
[Amended 6-1-2022 by Ord. No. 2022-4]
(12)
Private streets. Private streets shall not be
approved nor shall public improvements be approved for any private
street; all streets shall be dedicated for public use.
(14)
Tangents. A tangent at least 100 feet long shall
be required between reverse curves on all streets.
(15)
Street grades. Unless necessitated by exceptional
topography, subject to the approval of the Town Board, the maximum
center-line grade of any street or public way shall not exceed 6%
or be less than 1/2 of 1%. Sidewalk grades shall meet current ADA
requirements. Maximum center-line grade of any bicycle/pedestrian
path shall be 5% except for short sections as listed in the following
table:
|
Bicycle/pedestrian path grade
|
5-6%
|
7%
|
8%
|
9%
|
10%
|
11+%
| |
|
Maximum distance (feet)
|
800
|
400
|
300
|
200
|
100
|
50
|
(16)
Radii of curvature.
(a)
When a continuous street center line deflects
at any one point by more than 2°, a circular curve shall be introduced
having a maximum rate of superelevation of 6% and a radius of curvature
on said center line of not less than the following:
|
Design speed (mph)
|
25
|
30
|
35
|
40
|
45
|
55
| |
|
Minimum radius (feet)
|
185
|
275
|
380
|
510
|
660
|
1,065
|
(b)
Radii less than the required minimum shall be
approved by the Town Board and shall be required to have the full
width of the inside shoulder paved and a four-inch white lane line
be painted at the standard lane width within the paved shoulder area.
(17)
Vertical curves. All changes in street grades
shall be connected by vertical curves with a rate of curvature, "K,"
greater than 167. "K" is the rate of curvature and is defined as the
length of the vertical curve divided by the algebraic difference in
grade, i.e., the horizontal distance in feet required to effect a
one-percent change in gradient. Maximum grade changes that do not
require a vertical curve are listed in the following table:
|
Design speed (mph)
|
25
|
30
|
35
|
40
|
45
|
55
| |
|
Maximum change in grade (percent)
|
1.10
|
1.00
|
0.90
|
0.80
|
0.70
|
0.50
|
(18)
Half streets. Where a half street is adjacent
to the subdivision, the other half street shall be dedicated by the
subdivider.
(19)
Intersections.
(a)
Property lines at street intersections of major
thoroughfares shall be rounded with a radius of 15 feet or of a greater
radius where the Town Board considers it necessary.
(b)
Provisions of the Zoning Code with respect to
traffic visibility at street intersections shall also apply here.
(c)
Streets shall intersect each other at as nearly
right angles as topography and other limiting factors of good design
permit.
(d)
Number of streets converging at one intersection
shall be reduced to a minimum, preferably not more than two.
(20)
Alleys.
(a)
Alleys shall be provided in all commercial and
industrial districts, except that the Town Board, upon the recommendation
of the Plan Commission, may waive this requirement where other definite
and assured provisions are made for service access, such as off-street
loading and parking, consistent with and adequate for the uses proposed.
No alleys shall connect with a major thoroughfare. Alleys in residential
areas other than those zoned for multiple-family use shall not be
permitted. The width of alleys shall be no less than 24 feet.
(b)
Dead-end alleys are prohibited.
(21)
Street names. New street names shall not duplicate
the names of existing streets, but streets that are continuations
of others already in existence and named shall bear the names of the
existing streets. Street names shall be subject to approval by the
Plan Commission and Town Board. Streets shall not be named for people
unless determined to be a surname of local historical significance.
(22)
Street design standards.
(a)
Standards. The minimum right-of-way and roadway width and construction standards for all streets and alleys shall be as specified in Chapter 279, § 279-29 of this Code. Construction plans submitted by the subdivider shall include but are not limited to the location of storm sewers, culverts, stormwater retention reservoirs, grade stabilization structures, diversions and temporary silt traps. Plans to protect existing vegetation within the road right-of-way shall be submitted as part of the road construction plans.
(b)
Culs-de-sac. Through roads should be provided wherever possible. However, cul-de-sac streets designed to have one end permanently closed will be reviewed and permitted based upon the topography and nature of a proposed development. All cul-de-sac streets designed to have one end permanently closed shall terminate in a turnaround loop having a minimum right-of-way radius of 98 feet and a center-line radius of 65 feet with the standard base course width for the entire loop as specified in Chapter 279, § 279-29 of this Code and a base course shoulder radius of 49 feet.
(c)
Temporary dead-ends or culs-de-sac. All temporary
dead-ends shall have a maximum length of 800 feet, and a temporary
cul-de-sac shall have a minimum right-of-way radius of 66 feet and
an edge-of-pavement radius of 45 feet and a base course shoulder radius
of 50 feet. Temporary dead-ends or culs-de-sac shall not be permitted
for more than one year without approval of the Town Board.
(23)
Street numbers. All houses shall be numbered
in accordance with the uniform house or fire numbering system adopted
by the Town Board.
(24)
Limited access highway and railroad right-of-way
treatment. Whenever the proposed subdivision contains or is adjacent
to a limited access highway or railroad right-of-way, the design shall
provide the following treatment:
(a)
Subdivision lots. When lots within the proposed
subdivision back upon the right-of-way of an existing or proposed
limited access public road or a railroad, a nonaccess planting strip
easement of a width established by the applicable zoning district
shall be provided adjacent to the public road or railroad in addition
to the normal lot depth. This nonaccess planting strip shall be part
of the platted lots but shall have the following restriction lettered
on the face of the plat: "This easement is reserved for the planting
of trees and shrubs, the building of new structures hereon is prohibited
unless approved by the Plan Commission and Town Board."
[Amended 6-1-2022 by Ord. No. 2022-4]
(b)
Commercial and industrial districts. Commercial
and industrial districts shall have provided, on each side of the
limited access highway or railroad, streets approximately parallel
to and at a suitable distance from such highway or railroad for the
appropriate use of the land between such streets and highway or railroad,
but not less than 150 feet.
(c)
Streets parallel to a limited access highway.
Streets parallel to a limited access highway or railroad right-of-way,
when intersecting a major street and highway or collector street which
crosses said railroad or highway, shall be located at a minimum distance
of 250 feet from said highway or railroad right-of-way. Such distance,
where desirable and practicable, shall be determined with due consideration
of the minimum distance required for the future separation of grades
by means of appropriate approach gradients.
(d)
Minor streets. Minor streets immediately adjacent
and parallel to railroad rights-of-way shall be avoided, and location
of minor streets immediately adjacent to arterial streets and highways
and to railroad rights-of-way shall be avoided in residential areas.
(25)
Street, alley and sidewalk improvements. The
developer shall construct streets and sidewalks as depicted on the
approved plans based on the requirements of this Code.
(a)
Grading. With the submittal of the preliminary
plat or certified survey map, the subdivider shall furnish drawings
which indicate the existing and proposed grades of streets and alleys
shown on the plat. Proposed grades will be reviewed by the Town Administrator
for conformance with Town standards and good engineering practice.
The subdivider shall grade the full width of the right-of-way of the
streets and alleys proposed to be dedicated, including the vision
clearance triangle on corner lots. In cases where an existing street
right-of-way is made a part of the plat or abuts the plat, the subdivider
shall grade that portion of the right-of-way between the existing
pavement and the property line. The bed for the roadways in the street
rights-of-way shall be graded to subgrade elevation. The Town Administrator
shall approve all grading within rights-of-way and said grading shall
extend for a sufficient distance beyond the right-of-way to ensure
that the established grade will be preserved. Where electric and other
communications or utilities facilities are to be installed underground,
the utility easements shall be graded to within six inches of the
final grade by the subdivider prior to the installation of such facilities;
earth fill piles or mounds of dirt or construction materials shall
not be stored on such easement areas.
(b)
Street and sidewalk construction.
[1]
At the Town Board's option, the Town may make
the arrangements for grading, sealing, paving and shouldering the
roadway and the cost of such work, including engineering and supervising
costs, shall be billed to and paid by the subdivider. Such paving
will not be done until, in the judgment of the Town Administrator,
the roadway base has had adequate compaction and stabilization.
[2]
After sanitary sewer, storm sewer and water
utilities have been installed, the subdivider shall construct and
dedicate as part of the subdivision streets, curbs and gutters and
sidewalks, including those adjacent to platted lots in existing street
rights-of-way abutting the plat. The subdivider shall surface roadways
to the widths prescribed by the Town Board on recommendation of the
Plan Commission and the Town Administrator. Construction shall be
to Town standard specifications for street improvements.
[3]
The Town Board shall have the option of not
requiring the construction of sidewalks within street rights-of-way
in cases where it determines, after recommendation from the Plan Commission
and the Town Administrator, that sidewalks are not necessary because
of low-density land use and low pedestrian volumes or for access to
schools and bus routes or for continuity of existing sidewalk or bicycle
route systems or because of a cul-de-sac or loop street pattern. Consideration
shall also be given to the pattern of development of adjoining lands
and to the possibility of damage to trees.
[4]
Dedicated bicycle/pedestrian pathways shall
be improved by the subdivider to a grade and width approved by the
Town Administrator and with surfacing as required by the Town Board
based on the location and the amount and character of use. The subdivider
shall submit standard drawings indicating the existing and proposed
grades.
(c)
Completion of street and sidewalk construction.
[1]
Prior to any building permits being issued on
lands adjacent to streets and/or sidewalks, all street and sidewalk
construction shall be completed by the subdivider, approved by the
Town Administrator and accepted by the Town Board.
[2]
The Town Board may issue a waiver of these requirements
in unusual or special circumstances such as excessively severe weather
conditions or construction material shortages (i.e., cement and asphalt).
The issuance of a waiver shall be at the discretion of the Town Board
and shall be based upon the written request of the subdivider.
[3]
The subdivider requesting a waiver shall present
such information and documentation required by the Town Board. The
waiver shall be in written form and shall detail which improvement
requirements are temporarily waived and for what period of time.
(d)
Curb and gutter. After the installation of all
utility and stormwater drainage improvements, the subdivider shall
construct concrete curbs and gutters in accordance with plans and
standard specifications approved by the Town Board or its designee.
Wherever possible, provision shall be made at the time of construction
for driveway access curb cuts.
C.
Block design. A block is a parcel of land bounded
on at least one side by a public street or public road and on the
other side by natural or man-made barriers or unplatted land. The
lengths, widths, and shapes of blocks shall be determined by the following:
(1)
The lengths, widths, and shapes of blocks shall be
appropriate for the topography and the type of development contemplated.
As a general rule, blocks shall not be less than 500 feet in length.
(2)
Bicycle/pedestrian pathways, not less than 20 feet
wide, may be required by the Town Board, upon the recommendation of
the Plan Commission, where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation
and other community facilities.
D.
Lot design.
(1)
Size, shape and orientation of lots shall be appropriate
for the location of topography of the subdivision and for the type
of development contemplated, provided that no lot shall be smaller
in area than the minimum lot size for the appropriate zone as established
by the Zoning Code.[1]
(2)
Lot dimensions and setbacks shall conform to the requirements
of the Zoning Code for the appropriate district in which the property
is located. Lots should be designed with a suitable proportion between
the width and depth. Neither long narrow nor wide shallow lots are
normally desirable. Normal depth should not exceed 2 1/2 times the
width nor be less than 150 feet at the building setback line.
(3)
Commercial or industrial lots. Depth and width of
properties reserved or laid out for commercial or industrial purposes
shall be adequate to provide for the off-street service and parking
facilities required by the type of use and development contemplated,
as required by the Zoning Code.
(4)
Residential lots fronting on major streets and highways
shall be platted with extra depth or designed to alleviate the effect
of major street traffic on residential occupancy.
(5)
Corner lots for residential use shall have extra width
to permit full building setbacks from both streets, as required by
the Zoning Code.
(6)
Lot orientation. All lots shall have frontage on a public street greater than or equal to 150 feet or other officially approved means of access to the lot by a shared driveway agreement as provided in § 279-6D. Road frontage is measured as the continuous length along the right-of-way of a single street. Exceptions to the frontage requirements are as follows:
[Amended 9-5-2007 by Ord. No. 2007-10]
(a)
Lots on a curve of a radius less than 150 feet
shall have a road frontage greater than or equal to 120 feet.
(b)
Lots with any portion of the frontage on a cul-de-sac
circle, not including the entrance curves, shall have a minimum road
frontage of 75 feet.
(c)
Corner lots shall have at least of one of the
road frontages meet the minimum requirements.
(7)
Butt lots will not be permitted.
(8)
Side lot lines shall be substantially at right angles
to or radial to abutting street center lines.
(9)
Parcels more than two acres. In case a tract is divided
into parcels of more than two acres in area, such parcels shall be
so arranged to permit redividing into parcels in accordance with this
chapter and with the Zoning Code.
(10)
Double frontage and reversed frontage lots shall
be avoided except where necessary to provide separation of residential
development from traffic arteries or to overcome specific disadvantages
of topography and orientation.
(11)
Consideration of natural features. In the subdividing
of any land, regard shall be shown for all natural features, such
as tree growth, watercourses, historic areas or similar conditions
which, if preserved, will add attractiveness and stability to the
proposed development.
(12)
Lot remnants. All remnants of lots below the
minimum size left for the zoning district shall be added to adjacent
lots or a plan shown as to future use rather than allowed to remain
as unusable parcels.
(13)
Limiting highway access. In the case where a
proposed plat is adjacent to a limited access highway, other major
highway or thoroughfare, there shall be no direct vehicular access
from individual lots to such streets and roads. In the platting of
small tracts of land fronting on limited access highways or thoroughfares
where there is no other alternative, a temporary entrance may be granted;
as neighboring land becomes subdivided and more preferable access
arrangements become possible, such temporary access permits shall
become void.
E.
Stormwater drainage system.
[Amended 10-1-2008 by Ord. No. 2008-16]
(1)
A drainage system shall be designed and constructed in accordance with Chapter 110, Construction Site Erosion Control, and Chapter 185, Post-Construction Stormwater Management, by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. All such facilities are to be of adequate size and grade to hydraulically accommodate the one-hundred-year storm.
(2)
Grading. The subdivider shall grade each subdivision
in order to establish street, block and lot grades in proper relation
to each other and to topography as follows:
(a)
The subdivider shall grade the full width of
the right-of-way of all proposed streets in accordance with the approved
plans.
(b)
Block grading shall be completed by one or more
of the following methods:
[1]
A ridge may be constructed along the rear lot
lines which provides for drainage onto the streets.
[2]
Parts of all lots may be graded to provide for
drainage to the street or to a ditch along the rear lot line.
[3]
Draining across rear or side lot lines may be
permitted provided that drainage onto adjoining properties is properly
controlled.
(3)
Drainage system requirement. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection E(1) of this section.
(a)
Street drainage. All streets shall be provided
with an adequate storm drainage system. The street storm system shall
serve as the primary drainage system and shall be designed to carry
street, adjacent land and building stormwater drainage. No stormwater
shall be permitted to be run into the sanitary sewer system within
the proposed subdivision. The street drainage system shall not be
utilized as a conveyance of stormwater between stormwater ponds.
(b)
Off-street drainage. The design of the off-street
drainage system shall include the watershed affecting the subdivision
and shall be extended to a watercourse or ditch adequate to receive
the storm drainage. When the drainage system is outside of the street
right-of-way, the subdivider shall make provisions for dedicating
an easement to the Town to provide for the future maintenance of said
system. Easements shall be a minimum of 30 feet, but the Town may
require larger easements if more area is needed due to topography,
size of watercourse, etc.
(4)
Protection of drainage systems. The subdivider shall
adequately protect all ditches to the satisfaction of the Town Board
and Town Administrator. Ditches and open channels shall be seeded
or sodded or utilize an erosion control method appropriate for the
grades and soil types. (Generally ditches or channels with grades
up to 1% shall be seeded, those with grades up to 4% shall be sodded
and those with grades over 4% shall use erosion control methods for
heavy flows.) No other plantings or obstructions shall be placed within
drainage easements except erosion control devices and ground cover
if approved by the Town Director of Public Works or Town Board.
F.
Sanitary sewerage system design standards. There shall
be provided a sanitary sewerage system in conformity with the master
plan of sewers as approved by the Town Board and/or sewerage district.
If municipal sanitary sewer service is not available, the subdivider
shall provide soil testing information and approval from Ozaukee County
to confirm the suitability of soils on each proposed lot for an on-site
sewage disposal system in accordance with applicable ordinances and
Ch. Comm 83, Wis. Adm. Code, and their latest revision. Joint on-site
sewage disposal systems and holding tanks shall be approved by the
Town Board. The subdivider shall install adequate sanitary sewer facilities
and connect them to sewer mains subject to specifications and inspection
of the Town Administrator. The subdivider shall pay all the costs
of all sanitary sewer work, including the bringing of the sanitary
sewer from where it exists to the subdivision in question as well
as providing all sanitary sewer work within the subdivision. The cost
of providing and installing sewer pipe of sizes larger or at a greater
depth than required to serve the area shall be borne by the Town,
as agreed upon between the landowner and the Town Board prior to approval
of the preliminary plat or certified survey map pursuant to this chapter.
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 Town.
G.
Water supply system design standards. There shall
be provided a water supply system in conformity with the master plan
of the water system as approved by the Town Board. The subdivider
shall construct water mains in such a manner as to make adequate water
service available to each lot within the subdivision. If municipal
water service is not available, the subdivider shall make provision
for adequate private water systems as specified in applicable ordinances.
The Town may require the installation of water laterals to the street
lot line. 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 Town.
H.
Other utilities. The subdividers shall cause gas,
electrical power, telephone and cable television facilities to be
installed 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 Town 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 service the plat shall be approved by the Town Board
and such map shall be filed with the Town Clerk.
I.
Street signs. The Town will install at the intersections
of all streets a street sign. The subdivider shall pay for the street
signs and their installation.
J.
Material standards. All improvements constructed under
this chapter shall be of the standards, where applicable, established
by the Wisconsin Department of Transportation Standard Specifications
for Highway and Structure Construction. Where the Wisconsin Department
of Transportation's specifications do not apply, the standards shall
be as approved by the Town Administrator.
K.
Monuments. The subdivision shall be monumented as
required by § 236.15, Wis. Stats., which is hereby adopted
by reference.
A.
If a proposed subdivision includes land that is zoned
for commercial or industrial purposes, the layout of the subdivision
with respect to such land shall make such provisions as the Town may
require. A nonresidential subdivision shall also be subject to all
the requirements of site plan approval, and the design guidelines
and standards, set forth in the Zoning Code.[1] A nonresidential subdivision shall be subject to all the
requirements of these regulations, as well as such additional standards
required by the Town, and shall conform to the proposed land use standards
established by the Comprehensive Land Use Plan, Official Map and Zoning
Code.
[Amended 8-6-2014 by Ord. No. 2014-8]
B.
In addition to the principles and standards in these
regulations, which are appropriate to the planning of all subdivisions,
the applicant shall demonstrate to the satisfaction of the Town that
the street, parcel and block pattern proposed is specifically adapted
to the uses anticipated and takes into account other uses in the vicinity.
The following principles and standards shall be observed:
(1)
Proposed industrial parcels shall be suitable in area
and dimensions to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate
to accommodate the type and volume of traffic anticipated to be generated
thereupon.
(3)
Special requirements may be imposed by the Town with
respect to street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the Town with
respect to the installation of public utilities, including water,
sewer and stormwater drainage.
(5)
Every effort shall be made to protect adjacent residential
areas from potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels backing
up on existing or potential residential development and provisions
for permanently landscaped buffer strips when necessary.
(6)
Streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of
adjacent existing or potential residential areas.
A.
Utility easement.
(1)
The Town Board for any land division shall require
rear or side outlot, parcel, or lot line utility easements at locations
and of widths deemed adequate by the Town Board, but in no case less
than 10 feet. Evidence shall be furnished to the Town Administrator
that easements and any easement provisions to be incorporated in the
plat or in deeds have been reviewed by the individual utility companies
or the organization responsible for furnishing the services involved.
(2)
The Town Board, on the recommendation of the Plan
Commission and other appropriate agencies of the Town, shall require
utility easements for poles, wire, conduits, storm and sanitary sewers,
gas, water and head mains or other utility lines. It is the interest
of this chapter to protect all established easements so as to assure
proper grade, assure maintenance of the established grade, prohibit
construction of permanent fences or retaining walls over underground
installation and prevent the planting of trees in the easement area.
B.
Drainage easement. Where a subdivision is traversed
by a watercourse, drainageway, channel, drainage tile or stream:
(1)
There shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse
and such further width or construction, or both, as will be adequate
for the purpose and as may be necessary to comply with this section.
(2)
The watercourse, drainageway, channel, drainage tile
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 as may be necessary to comply with
this section.
(3)
Wherever possible, it is desirable that drainage be
maintained by an open channel with landscaped banks and adequate width
for maximum potential volume flow. In all cases, such watercourse
shall be of a minimum width established at the high-water mark or,
in the absence of such specification, not less than 30 feet.
C.
Other easements. Such easements shall be at least
20 feet wide and may run across lots or along lot lines.
[Amended 2-7-2007 by Ord. No. 2007-2]
A.
Purpose.
(1)
The purpose of this section is to establish the mechanism
for the imposition of impact fees on developers of land to finance
the capital costs of acquiring, establishing, upgrading, expanding,
and constructing public facilities which are necessary to accommodate
such development within the limits of the Town of Cedarburg in accordance
with § 66.0617, Wis. Stats.
(2)
In enacting this section, the Town Board of the Town
of Cedarburg desires to promote the public health, safety and general
welfare of the community, to secure safety from fire, panic and other
dangers, to provide adequate provisions for public facilities and
to facilitate adequate transportation, parks, municipal buildings,
water drainage and other public requirements.
B.
CAPITAL COSTS
DEVELOPER
IMPACT FEES
LAND DEVELOPMENT
PUBLIC FACILITIES
Definitions. In this section, the following terms
shall have the meaning indicated:
The capital costs to construct, expand or improve public
facilities, including the cost of land, and including legal, engineering
and design costs to construct, expand or improve public facilities,
except that not more than 10% of capital costs may consist of legal,
engineering and design costs unless the Town of Cedarburg can demonstrate
that its legal, engineering and design costs which relate directly
to the public improvement for which the impact fees were imposed exceed
10% of capital costs. "Capital costs" does not include other noncapital
costs to construct, expand or improve public facilities or the costs
of equipment to construct, expand or improve public facilities.
A person who constructs or creates a land development.
Cash contributions, contributions of land or interests in
land or any other items of value that are imposed on a developer by
the Town of Cedarburg under this section.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the Town of Cedarburg or that results in nonresidential uses that
create a need for new, expanded or improved public facilities within
the Town of Cedarburg.
Highways, as defined in § 340.01(22), Wis. Stats.,
and other transportation facilities, traffic control devices, facilities
for collecting and treating sewage, facilities for collecting and
treating stormwater and surface water, facilities for pumping, storing
and distributing water, parks, playgrounds and land for athletic fields,
solid waste and recycling facilities, fire protection facilities,
law enforcement facilities, emergency medical facilities and libraries.
"Public facilities" does not include (1) facilities owned by a school
district; and (2) other recreational facilities, except for other
recreational facilities substantially completed by June 14, 2006,
which had impact fees that were first imposed for such facilities
before said date. Effective as of January 1, 2018, “other recreational
facilities” without exception shall not thereafter be included
in the definition of public facilities.
[Amended 5-7-2008 by Ord. No. 2008-11]
C.
Impact fees. The Town of Cedarburg hereby imposes
the following impact fees on developers to pay the capital costs that
are necessary to accommodate land development:
(1)
Parks, public sites and open spaces.
(a)
Reservation of potential future sites.
[1]
In the design of a plat or other forms of land
division, consideration shall be given to the adequate provision of,
and correlation with, open public park and recreation sites and facilities.
[2]
When it is determined by the Town Board that
a portion of the plat or land division is required for future public
park, recreation sites and related facilities, the developer may be
required to reserve such area for not more than five years, during
which time the Town shall either acquire the property or release the
reservation. If the parties are unable to agree on an acquisition
price, the following procedure shall be followed: The representative
cash value of the land to be dedicated shall be determined by the
Town and developer on the basis of full and fair market value of the
land to be dedicated. If the value of such land cannot be determined
satisfactorily by the Town and the developer, an appraisal board consisting
of one appraiser selected by the Town at its own expense, one selected
by the developer at his own expense and a third selected by the other
two appraisers at Town expense shall determine the value upon a consensus
of a majority of the board. If a majority determination is not made
by the appraisal board within 45 days of the date of selection of
the third appraiser, the average of the three appraisals shall be
the value. If such determination is not made prior to the time required
for the payment of fees under this section, such fees shall be paid
as required, subject to a credit, refund or payment to be made upon
the value determination.
(b)
Parks, recreation and open space impact fee.
[1]
An impact fee shall be imposed upon the developer
or property owner to provide for the legal, engineering and design
costs and for the land and/or easements and facilities to meet the
park, recreation and open space needs of the Town resulting from new
residential development.
[2]
The amount of the fee shall be listed on the
Impact Fees Schedule as approved by the Town Board and said fee to
be paid shall be imposed upon each dwelling unit to be provided, added
or created by the proposed development.
(c)
Dedication of land.
[1]
Where land has been required to be reserved pursuant to Subsection C(1)(a)[1] and [2] above, or when the developer owns other land that has been determined by the Town Board to be acceptable for park and recreation purposes, the developer may be required to dedicate such land and any impact fee imposed shall be reduced to compensate the developer for such land dedication, except that the Town may impose a fee or other charge to fund the acquisition or initial improvement of land for public parks. In this subsection, “improvement of land for public parks” means grading, landscaping, installation of utilities, construction of sidewalks, installation of playground equipment, and construction or installation of restroom facilities on land intended for public park purposes. Any land dedication, easement, or other public improvement or fee for the acquisition or initial improvement of land for a public park that is required by the Town as a condition of approval under this section must bear a rational relationship to a need for such acquisition, improvement, or fee resulting from the subdivision or other division of land and it must be proportional to the need.
[Amended 5-7-2008 by Ord. No. 2008-11]
[2]
The representative cash value of the land to be dedicated shall be determined by the Town and developer on the basis of full and fair market value of the land to be dedicated. If the value of such land cannot be determined satisfactorily by the Town and the developer, the procedure outlined in Subsection C(1)(a)[2] above shall be followed. If such determination is not made prior to the time required for the payment of fees under this section, such fees shall be paid as required, subject to a credit, refund or payment to be made on the value determination.
[3]
The determination as to the feasibility of dedication
shall be made by the Town Board.
(2)
Municipal buildings, sites and related facilities.
(a)
Policy. In order that sites for municipal buildings
may be properly located and preserved as the community develops, and
in order that the cost of providing municipal building sites and facilities,
including public works, library, Police Department, Fire Department
and Town Hall space necessary to serve additional families brought
into the community by land development, may be most equitably apportioned
on the basis of the additional need created by the land development,
the following provisions in this subsection are established.
(b)
Reservation of potential sites.
[1]
In the design of the plat, consideration shall
be given to the adequate provision of, and correlation with, municipal
building sites and facilities.
[2]
When it is determined by the Town Board that a portion of the plat is required for such future municipal building sites and facilities, the developer may be required to reserve such area for not more than five years, during which the Town shall either acquire the property or release the reservation. If the value of such land cannot be determined satisfactorily by the Town and the developer, the procedure outlined in Subsection C(1)(a)[2] above shall be followed to determine the cash value. If such determination is not made prior to the time required for the payment of such fees under this section, such fees shall be paid as required, subject to a credit, refund or payment to be made upon the value determination.
(c)
Municipal buildings and facilities impact fee.
[1]
An impact fee shall be imposed upon the developer
or property owner to provide for the legal, engineering and design
costs and for the land and facilities to meet the municipal buildings
and facilities needs of the Town resulting from new residential development.
[2]
The amount of the fee shall be listed on the
Impact Fees Schedule as approved by the Town Board and said fee to
be paid shall be imposed upon each dwelling unit to be provided, added
or created by the proposed development.
(d)
Dedication of land.
[1]
Where land has been required to be reserved pursuant to Subsection C(2)(b) above, or when the developer owns other land that has been determined by the Town Board to be acceptable for municipal building sites and facilities purposes, the developer may be required to dedicate such land and any impact fee imposed shall be reduced to compensate the developer for such land dedication.
[2]
The representative cash value of the land to be dedicated shall be determined by the Town and developer on the basis of full and fair market value of the land to be dedicated. If the value of such land cannot be determined satisfactorily by the Town and developer, the procedure outlined in Subsection C(1)(a)[2] above shall be followed to determine the cash value. If such determination is not made prior to the time required for the payment of fees under this section, such fees shall be paid as required, subject to a credit, refund or payment to be made upon the value of determination.
[3]
The determination as to the feasibility of dedication
shall be made by the Town Board.
(3)
Drainage, highways, traffic control and other infrastructure.
(a)
Policy. In order to promote the public health,
safety and general welfare of the community and to ensure the protection
of the quantity and quality of waters within the Town, to ensure proper
drainage of lands and protect against flooding and erosion, and to
provide appropriate highway capacity, traffic control, and other infrastructure,
the Town Board declares its policy to plan and provide therefor. For
the aforesaid purposes, as lands within the Town are developed with
new residential dwelling units, the plan must be implemented.
(b)
Drainage, highways, traffic control or other
infrastructure impact fee. In order to defray a portion of the costs
of the above items, including the legal, engineering and design costs
and the costs of drainage, highway, traffic control, and other infrastructure
projects resulting from new residential development, an impact fee
shall be imposed upon the developer or property owner in an amount
as listed on the Impact Fees Schedule, as approved by the Town Board,
as a condition of approval of a final plat of subdivision or part
thereof, certified survey map, or land division for each dwelling
unit to be provided, added or created by the proposed development.
D.
Other financing. This section does not prohibit or
limit the authority of the Town of Cedarburg to finance public facilities
by any other means authorized by law, except that the amount of an
impact fee imposed by the Town of Cedarburg shall be reduced to compensate
for any other costs, special assessments, land dedication or other
fees imposed by the Town of Cedarburg on developers to provide or
pay for capital costs.
E.
Payment.
(1)
Impact fees shall be payable by the developer or the
property owner to the Town Treasurer in full upon the issuance of
a building permit.
[Amended 5-7-2008 by Ord. No. 2008-11]
(2)
When not required.
(a)
When a lot or parcel for which payment has been
made is further divided, payment shall be required only for the additional
lot(s) or parcel(s) created.
(b)
No payment shall be required on any lot which
supports a residential structure existing prior to the approval of
the final plat or certified survey map.
(3)
Multiple dwelling units. Where there are multiple
dwelling units on a lot or parcel of land, the fees shall be imposed
for each dwelling unit.
F.
Impact Fees Schedule and annual adjustments. The fees
imposed pursuant to this section shall be listed on the Impact Fees
Schedule and approved by the Town Board on an annual basis as a part
of the Fiscal Year Annual Fee List. The amount of the impact fees
imposed may be adjusted annually based upon the Construction Cost
Index (CCI) as reported by the Engineering News Record (ENR) effective
January 1 of each year by a percentage equal to the annual percent
change as listed for the end of October of the previous year.
[Amended 5-7-2008 by Ord. No. 2008-11]
G.
Time to expend impact fees and return of impact fees
not expended.
[Amended 5-7-2008 by Ord. No. 2008-11]
(1)
Subject to Subsection G(2), (3) and (4), and with regard to an impact fee that is collected by the Town of Cedarburg after April 10, 2006, impact fees that are collected by the Town of Cedarburg within seven years of the effective date of this ordinance,[1] but are not used within 10 years after the effective date of this ordinance to pay the capital costs for which they were imposed, shall be refunded to the current owner of the property with respect to which the impact fees were imposed along with any interest that has accumulated as described in Subsection H(1) hereof.
(a)
The schedule of reasonable time periods based upon what are the appropriate
planning and financing periods for the particular types of public
facilities for which the impact fees imposed must be spent or refunded
under this subsections are as follows:
(b)
The ten-year time limit may be extended for three years if the Town
adopts a resolution stating that, due to extenuating circumstances
or hardship in meeting the ten-year limit, the Town needs an additional
three years to use the impact fees that were collected. The resolution
shall include detailed written findings that specify that the extenuating
circumstances or hardships that led to the need to adopt a resolution
under this subsection.
[1]
Editor's Note: “This ordinance” refers to the
amendments adopted 5-7-2008 by Ord. No. 2008-11.
(2)
An
impact fee that was collected before January 1, 2003, must be used
for the purpose for which it was imposed not later than December 31,
2012.
(3)
An
impact fee that was collected after December 31, 2002, and before
April 11, 2006, must be used for the purpose for which it was imposed
not later than the first day of the 120th month beginning after the
date on which the fee was collected.
(4)
For
an impact fee that is collected after April 10, 2006, and that is
collected more than seven years after the effective date of this ordinance,[2] such impact fees shall be used within a reasonable period
of time after they are collected to pay the capital costs for which
they were imposed.
[2]
Editor's Note: “This ordinance” refers to the
amendments adopted 5-7-2008 by Ord. No. 2008-11.
H.
Administration and use.
(1)
Use. Revenues from each impact fee that is imposed
shall be placed in a separate segregated interest-bearing account
and shall be accounted for separately from the other funds of the
Town. Impact fee revenues and interest earned on impact fee revenues
may be used solely for the purpose of paying for the particular capital
costs for which the impact fee was imposed, unless the fee is refunded
as otherwise provided herein. These costs may include the costs of
debt service on bonds or similar debt instruments when the debt has
been incurred for the purpose of proceeding with designated public
facilities projects prior to the collection of all anticipated impact
fees for the project.
(2)
Report. Commencing with the calendar year subsequent
to the effective date of this section, the Town Treasurer shall report
annually to the Town Board with regard to all deposits, withdrawals
and fund balances in regard to impact fees. The purpose of the annual
report is to provide the Town Board with information necessary to
determine that all funds collected are spent within a reasonable amount
of time for the purposes intended and that the amount of the fees
imposed continues to represent an equitable and reasonable apportionment
of the cost of public improvements and requirements generated by new
residential development.
(3)
Refunds. Should the Town Board determine that any
refunds be made, such refunds shall be made proportionally to the
current owner(s) of the lot(s) or parcel(s) as their interests may
appear, taking into account the time and amount of fees paid for such
lot(s) and parcel(s).
(4)
Documentation. To demonstrate the compliance with
the requirements of § 66.0617(4), Wis. Stats., the following
Town document contains the needs assessments for the impact fees identified
in this section and shall be kept on file and available for public
inspection in the office of the Town Clerk: Town of Cedarburg, Wisconsin
Public Facilities Needs Assessment, December 7, 2005.
[Amended 5-7-2008 by Ord. No. 2008-11]
I.
Applicability. The regulations in this section shall
be applicable to certified survey maps and final plats approved or
reapproved if the time for recording has expired, after the effective
date hereof.
J.
Appeal. Any developer or property owner upon whom
an impact fee is imposed by this section shall have the right to contest
the amount, collection or use of the impact fee to the Town Board.
Such appeals shall be filed in writing with the Town Administrator
within 30 days of receipt of request from the Town for payment of
the impact fee. The Town Board shall set a reasonable time for hearing
the appeal and give due notice to the parties in interest. At the
hearing, the appellant may appear in person, by agent, or by attorney.
The Town Board shall decide all appeals within 30 days after the hearing
and shall transmit a copy of its written decision to the appellant.
A.
All land divisions shall be initiated by the submittal
of a land division concept plan checklist and plan and a concept discussion
with the Town Administrator. The subdivider shall pay a fee as designated
in the Town's fee schedule to the Town Treasurer at the time of each
checklist submittal and concept discussion to help defray the cost
of a concept review of a major or minor land division proposal or
a concept review of a proposal to change a zoning district. The concept
discussion or review precedes a formal submission of a preliminary
plat or certified survey map.
B.
All reasonable costs incurred by the Town Board or
its agents to properly review each land division applicant shall be
the responsibility of the land divider who shall timely pay or reimburse
the Town of Cedarburg for all reasonable or projected engineering,
inspection, legal, and administrative costs incurred by the Town of
Cedarburg in reviewing the proposed land division plats and maps.
The Town Board may require that all or a portion of the known costs
of a land division review and approval be paid in advance.
C.
Preliminary plat review fee.
(1)
The subdivider shall pay a preliminary plat fee as
designated in the Town's fee schedule. The fee shall be paid to the
Town Treasurer at the time of the first submittal of any preliminary
plats to assist in defraying the cost of review.
(2)
A reapplication fee as designated in the Town's fee
schedule shall be paid to the Town Treasurer at the time of reapplication
for approval of any preliminary plat which has previously been reviewed.
D.
Final plat review fee.
(1)
The subdivider shall pay a final plat review fee as
designated in the Town's fee schedule. This fee shall be paid to the
Town Treasurer at the time of first submittal for approval of said
final plat to assist in defraying the cost of review.
(2)
A reapplication fee as designated in the Town's fee
schedule for a final plat shall be paid to the Town Treasurer at the
time of reapplication for approval.
E.
Certified survey map review fee. The subdivider shall
pay a fee as designated in the Town's fee schedule to the Town Treasurer
at the time of the first submittal for the approval of said certified
survey map to help defray the cost of review.
F.
Improvement review and inspection fee. The subdivider
shall pay a fee of two times the hourly rate paid to Town employees
for the actual time spent by those employees performing the improvement
review and inspection or a fee equal to the actual cost to the Town
for all engineering costs related to improvement review and inspections.
The improvements included in this fee schedule shall include but not
be limited to roads, bike and pedestrian paths, roadside ditches,
drainage ditches, drainage control structures, and erosion control
devices and structures. Said fees shall be paid to the Town before
the final plat or any certified survey map is approved.
A.
Exceptions permitted. Where, in the judgment of the
Town Board, on the recommendation of the Plan Commission, it would
be inappropriate to apply literally the provisions of this chapter
because of the proposed subdivision being located outside of the corporate
limits or because exceptional or undue hardship would result, the
Town Board may waive or modify any requirements to the extent deemed
just and proper. Application for any such exception shall be made
in writing by the subdivider at the time when the preliminary plat
or certified survey map is filed for consideration, stating fully
all facts relied upon by the petitioner, and shall be supplemented
with maps, plans or other additional data which may aid the Plan Commission
in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions
necessary to guarantee the full achievement of the plan.
B.
Findings needed for exceptions. The Plan Commission
shall not recommend nor shall the Town Board grant exceptions to the
regulations of this chapter unless it shall make findings based upon
the evidence presented to it in each specific case that:
(1)
The granting of the exception will not be detrimental
to the public safety, health or welfare or injurious to other property
or improvements in the neighborhood in which the property is located;
(2)
The conditions upon which the request for an exception
is based are unique to the property for which the exception is sought
and are not applicable generally to other property; and
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
C.
Procedures. Any recommendations by the Plan Commission
shall be transmitted to the Town Board. The Town Board, if it approves,
shall do so by motion or resolution and instruct the Town Clerk to
notify the Plan Commission and the owner.
D.
Majority vote for public good necessary. Such relief
shall be granted without detriment to the public good and without
impairing the intent and purpose of this chapter or the desirable
general development of the community in accordance with the Comprehensive
Land Use Plan or Zoning Code of the Town. A majority vote of the entire
membership of the Town Board shall be required to grant any modification
of this chapter, and the reasons shall be entered in the minutes of
the Board.
E.
Placing of monuments. The Town Board may waive the
placing of monuments, required under § 236.15(1)(b), (c)
and (d), Wis. Stats., for a reasonable time on condition that the
subdivider execute a surety bond to insure the placing of such monuments
within the time required.
F.
Recording of land division. The requirement of filing
and recording the land division plat shall not be waived by the Town
Board.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or
the Wisconsin Statutes, and no person shall be issued a building permit
by the Town authorizing the building on, or improvement of, any subdivision,
land division or replat within the jurisdiction of this chapter not
of record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully met. The Town may
institute appropriate action or proceedings to enjoin violations of
this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
Any person, firm or corporation who or which fails
to comply with the provisions of this chapter shall, upon conviction
thereof, forfeit no less than $50 nor more than $500 and the costs
of prosecution for each violation, and in default of payment of such
forfeiture 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.
(2)
Recordation improperly made has penalties provided
in § 236.30, Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties
provided for in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as
provided for in § 236.32, Wis. Stats.
(5)
An Assessor's plat made under § 70.27, Wis.
Stats., may be ordered by the Town at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Appeals. Any person aggrieved by an objection to a
plat or a failure to approve a plat may appeal therefrom, as provided
in §§ 236.13(5) and 62.23(7)(e)10 to 15, Wis. Stats.,
within 30 days of notification of the rejection of the plat. Where
failure to approve is based on an unsatisfied objection, the agency
making the objection shall be made a party to the action. The court
shall direct that the plat be approved if it finds that the action
of the approving or objecting agency is arbitrary, unreasonable or
discriminatory.
This chapter is effective upon publication.
The Town Clerk shall properly post or publish this chapter as required
under § 60.80, Wis. Stats.
