[HISTORY: Adopted by the Village Board of the Village of Westfield
as Title 13, Ch. 1 of the 1985 Code. Amendments noted where applicable.]
B.
Policy.
(1)
It is hereby declared to be the policy of the Village
of Westfield to consider the subdivision of land and the subsequent development
of the subdivided plat as subject to the control of the Village pursuant to
the Comprehensive Plan of August 1978, as amended, for the orderly, planned,
efficient and economical development of the Village of Westfield.
(2)
Land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to health or peril
from fire, flood or other menace, and land shall not be subdivided until proper
provision has been made for drainage, water, sewerage, utilities, and capital
improvements, such as schools, parks, recreation facilities, transportation
facilities, and improvements.
(3)
The existing and proposed public improvements shall conform
to be properly related to the proposals shown in the Comprehensive Plan,[2] Official Street Map and the capital budget and program of the
Village, and it is intended that these regulations shall supplement and facilitate
the enforcement of the provisions and standards contained in the building
and housing codes, zoning ordinances, comprehensive plans, official maps and
land use plans, and the capital budget and program of the Village of Westfield.
C.
Purpose. The purpose of this chapter is to promote the
public health, safety, and general welfare of the Village, and these regulations
are designed to lessen congestion in the streets and highways; to further
the orderly layout and use of land; to ensure proper legal description and
proper monumenting of subdivided land; to secure safety from fire, panic,
and other dangers; to provide adequate light and air; to prevent the overcrowding
of land and avoid undue concentration of population; to facilitate adequate
provisions for transportation, water, sewage utilities, schools, parks, playgrounds,
and other public requirements; and to facilitate the further resubdivision
of larger tracts into smaller parcels of land. These regulations are made
with reasonable consideration, among other things, of the character of the
Village with a view of conserving the value of buildings placed upon land,
providing the best environment for human habitation and encouraging the most
appropriate use of land throughout the Village.
D.
Jurisdiction. The jurisdiction limits of these regulations
shall be all lands within the corporate limits of the Village of Westfield.
E.
Compliance.
(1)
No person, firm or corporation may divide any land located
within the jurisdictional limits of these regulations which results in a major
subdivision, or replat as defined herein, and no such major subdivision or
replat shall be entitled to be of record without full compliance with all
requirements of this chapter and Ch. 236, Wis. Stats., or as amended.
(2)
The provisions of this chapter shall not apply to:
For the purpose of this chapter, certain words and terms are herewith
defined. The singular includes the plural, and the plural includes the singular.
The present tense includes the future, and the word "shall" is mandatory and
not directory.
An individual appointed by the Village Board for the purpose of establishing
true values of property for taxation.
A line parallel to and at a given distance from the street right-of-way.
There shall be no building or structure erected in this area.[1]
A natural or man-made ditch or watercourse in which surface water
or high groundwater can be drained from an area.
An acquired privilege or right of use of land owned by another.
A parcel of land containing a natural waterway or drainageway intended
to be used in whole or in part for open space, surface drainage, parks, recreation,
utilities, streets, or any other purpose deemed by the Village to be used
for the public good or welfare.
An approved watertight receptacle for the retention of raw sewage.
A contract where the owner gives the use of land to another for a
period of time.
In the context of this chapter, the drawing required the same as
the certified survey map provided for in § 236.34, Wis. Stats.,
or as amended.
A parcel of land, other than a lot or block, so designated on a plat.
In the context of this chapter, the drawing required for a major
subdivision.
The changing of the boundaries of a recorded subdivision or a part
thereof.
That portion of the street which is used for vehicular traffic.
A right-of-way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, drive, lane, place,
or however otherwise designated, and includes all of the area between the
street or right-of-way lines.
ALLEYA street which is a secondary means of access for vehicular traffic.
BOUNDARY STREETA street in a subdivision in which part of the right-of-way is within the subdivision.
COLLECTOR STREETA street which carries traffic from local streets to the system of major arterials and includes the principal entrance streets to residential development.
CUL-DE-SACA local street with only one outlet which terminates in a turnaround for the reversal of traffic.
DEAD-END STREETA street that does not connect with a street system opened to traffic.
FRONTAGE STREETA local street which is parallel with and adjacent to a major arterial street and which provides access to abutting properties and protection from traffic.
LOCAL STREETA street which is used primarily for access to abutting properties.
PARTIAL STREETA street in a subdivision in which part of the right-of-way is within the subdivision but the rest of the right-of-way is not owned by the Village.
MAJOR ARTERIAL STREETA street which is used primarily for fast or high-volume through traffic.
Any person, firm, or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision.
When used alone, "subdivision" shall include a major subdivision.
A replat can also be called a subdivision.
[Amended 9-18-1986]
The division of a lot, parcel, or tract of land by the owner or his
agents for the purpose of sale or of building development, where:
The definitions herein shall apply with equal effect to the division
or creation of parcels or building sites whether or not said tracts shall
at such time be part of a previously platted subdivision.
The division of land by the owner or subdivider resulting in the
creation of not more than four parcels or building sites, any one of which
is four acres in size or less, or the division of a block, lot or outlot within
a recorded subdivision plat into not more than four parcels or building sites
without changing the exterior boundaries of said block.
[Added 11-18-1993]
A State of Wisconsin registered land surveyor.
[Added 4-14-1998]
A.
Dedication requirement. In order that adequate open spaces
and sites for public uses may be properly located and reserved and in order
that the cost of providing public area, such as but not limited to parks,
recreation areas and public schools, may be equitably apportioned on the basis
of additional need created by a certified survey or subdivision development,
each subdivider shall be required to dedicate land or fees in lieu of land
for park or other public uses.
B.
General design. In the design of a subdivision, land
division, planned unit development or certified survey, provision shall be
made for suitable sites of adequate area for schools, parks, playgrounds,
open spaces, drainageways and other public purposes. Such sites are to be
shown on the preliminary plat and final plat and shall comply with the Village
Comprehensive Plan. Consideration shall be given to the preservation of scenic
and historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses,
watersheds, ravines and woodlands, prairie and wetlands, and plant and animal
communities.
C.
Site reservations required.
(1)
Where the area proposed to be divided contains a park,
playground or other public area which is shown upon the Comprehensive Plan
of the Village, at the Village Board's determination, such area shall either
be dedicated to the Village or it shall be reserved for acquisition thereby
with a three-year period by purchase or other means. If the land is not acquired
during this period, it shall be released to the subdivider.
(2)
Whenever any river, stream or important surface drainage
course is located in the area being divided, the subdivider of land shall
provide an easement along each side of the river, stream or drainage course
for the purpose of widening, deepening, relocating, improving or protecting
the river, stream or drainage course for drainage or recreational use.
D.
Dedication of sites. The location of land to be dedicated
for the purposes stated in this chapter shall be determined by the Village
Board. Where the dedication is not compatible with the Comprehensive Plan
or for other reasons is not feasible as recommended by the Plan Commission
and as approved by the Village Board, the subdivider shall, in lieu thereof,
pay to the Village a fee as established by this chapter, or a combination
thereof.
E.
Dedication of park, playground, recreation and open spaces.
A developer shall dedicate sufficient land area to provide adequate park,
playground, recreation and open space to meet the needs to be created by and
to be provided for the land division or subdivision. The minimum dedication
shall be:
F.
Combination of residential uses. Where a combination
of residential uses is intended, the minimum dedication shall be the sum obtained
by adding 10% of the acreage intended for single-family dwellings, 10% of
the acreage intended for duplex dwellings and 15% of the acreage intended
for multifamily dwellings. Where a definite commitment is made to the Village
by the developer with respect to those portions of the total acreage intended
for single family, duplex and multifamily dwellings, the dedication shall
be based upon the maximum dedications which the zoning classification of the
parcel will permit.
G.
Minimum size of park and playground dedications.
(1)
In general, land reserved for recreation purposes shall
have an area of at least two acres. Where the amount of land to be dedicated
is less than two acres, the Village Board may require that the recreation
area be located at a suitable place on the edge of the proposed land division,
subdivision or certified survey so that additional land may be added at such
time that the adjacent land is subdivided. In no case shall an area of less
than one acre be reserved for recreational purposes if it will be impractical
or impossible to secure additional lands in order to increase its area.
(2)
Land reserved for recreation purposes shall be of a character
and location suitable for use as a playground, play field or for other recreation
purposes and shall be relatively level and dry. A recreation site shall have
a total frontage on one or more streets of at least 100 feet.
H.
Fees in lieu of land.
(1)
Where, in the sole discretion of the Village Board, there is no land suitable for parks within the proposed land division, the dedication of land would not be compatible with the Village's Comprehensive Plan or park plan, the minimum size under Subsection G cannot be met, or Village officials determine that a cash contribution would better serve the public interest, the Village Board shall require the subdivider to contribute a park and recreation development fee in lieu of land. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreations sites and facilities. The total fee shall be computed on the basis of the maximum residential use of each parcel permitted in the particular zoning district under Chapter 525, Zoning. For each proposed residential development, the fee shall be as set by the Village Board. The fee shall be paid to the Village at the time of final plat or certified survey approval. This fee shall be annually adjusted by the Village Clerk-Treasurer by adding to the base fee the Consumer Price Index (CPI) cost on March 1 of that year for each possible dwelling unit within the plat/land division allowed by Chapter 525, Zoning. A residential unit is defined as a dwelling unit intended for the use of one family. (A duplex would be two residential units, a four-apartment complex would be four residential units, etc.)
(2)
The Village Board may, in its sole discretion, permit
the subdivider to satisfy the requirements of this section by combining a
land dedication with a fee payment. If a land dedication of 25% of the required
dedication is made, the subdivider shall also contribute an amount equal to
75% of the required per-unit fee in lieu of land. If a land dedication of
50% of the required dedication is made, the subdivider shall also contribute
an amount equal to 50% of the required per-unit fee in lieu of land. If a
land dedication of 75% of the required dedication is made, the subdivider
shall also contribute an amount equal to 25% of the required per-unit fee
in lieu of land.
I.
Limitations. A subdivider shall not be required to dedicate
more than 1/3 of the total area of the plat to meet the objectives of this
section.
J.
Suitability of lands. The Village Board shall have sole
authority to determine the suitability and adequacy of parklands proposed
for dedication. Drainageways, wetlands, or areas reserved for streets shall
not be considered as satisfying land dedication requirements.
K.
Access to dedicated land. All dedicated land shall have
frontage on a public street and shall have unrestricted public access.
L.
Utility extensions. The subdivider shall install or provide
for installation of water and sanitary sewer lines to the property line of
all dedicated land, where such services are to be provided to the adjacent
properties.
M.
Reservation of additional land. When public parks and
sites for other public areas as shown on the Comprehensive Plan lie within
the proposed area for development and are greater in area than required by
this chapter, the owner shall reserve for acquisition by the Village, through
agreement, purchase, or condemnation, the remaining greater public area for
a period of one year after final plat approval, unless extended by mutual
agreement.
N.
Development of park area.
(1)
When parklands are dedicated to the Village, the subdivider
is required to:
(a)
Properly grade and contour for proper drainage.
(b)
Provide surface contour suitable for anticipated use
of the area as approved by the Village.
(c)
Cover areas to be seeded with a minimum of four inches
of quality topsoil, seeded as specified by the Village Director of Public
Works, fertilized with 16-6-6 at a rate of seven pounds per 1,000 square feet,
and mulched, as specified in the Standard Specifications for Road and Bridge
Construction, §§ 627 and 629. The topsoil furnished for the
park site shall be neither excessively acid nor excessively alkaline. Fine
grading and seeding must occur within one year following issuance of the first
zoning permit within that land division unless otherwise authorized by the
Village Board. The improved area shall not be deemed officially accepted until
a uniform grass cover to a two-inch height has been established. It shall
be the responsibility of the subdivider to maintain the area until the Village
accepts the dedication.[1]
(2)
It shall be the responsibility of the Village to maintain
the dedicated areas upon their dedication and acceptance by the Village.
(3)
A neighborhood park area shall be provided by the subdivider
with a standard residential water service. A community park area shall be
provided by the developer with a minimum six-inch water service and at least
one four-inch sanitary sewer lateral, all located at the street property line.
(4)
The Village Board may require certification of compliance
by the subdivider with this section. The cost of such report shall be paid
by the subdivider.
(5)
If the subdivider fails to satisfy the requirements of
this section, the Village Board may contract said completion and bill such
costs to the subdivider, following a public hearing and written notice to
the subdivider of noncompliance. Failure to pay such costs may result in the
immediate withholding of all zoning permits until such costs are paid.
(6)
The subdivider shall pay all costs of public improvements
in the public streets adjacent to or within all public and/or park lands.
A.
Subdivisions.
(1)
A major subdivision shall be accomplished by means of
a plat in accordance with Ch. 236, Wis. Stats., or as amended, and this chapter.
(2)
A minor subdivision shall be accomplished by means of
a certified survey map in accordance with Wisconsin Statutes and this chapter.
[Added 11-18-1993]
(3)
For both major and minor subdivisions, lot sizes shall conform to the area and width requirements of Chapter 525, Zoning, of this Code within the corporate limits of the Village.
[Amended 11-18-1993]
(4)
All subdivisions within the corporate limits must be
filed for approval with the Village Plan Commission in accordance with the
procedures established in this chapter.
B.
Replat. Where it is proposed to replat a recorded subdivision,
or part thereof, so as to change the boundaries, the subdivider shall vacate
or alter the recorded plat as provided in Ch. 236, Wis. Stats., or as amended.
The subdivider shall then follow the same procedure for the replat as for
an original plat as required by this chapter.
C.
Land suitability. Where a proposed subdivision contains
land deemed by the Village Plan Commission to be unsuitable for development
because of poor drainage, flood conditions, subsurface conditions, topography
or any other feature, approval shall be withheld. Conditional approval of
the preliminary plat shall be granted if the subdivider shall, at his own
expense, prepare and submit to the Plan Commission engineering plans designed
to correct the adverse conditions and to carry out the plans or provide the
performance bond to insure that the plans will be completed prior to approval
of the final plat.
D.
Requirements. The proposed subdivision shall conform
to:
(1)
The provisions of Ch. 236, Wis. Stats., or as amended.
(2)
All applicable ordinances of the Village of Westfield,
town or county in which it is located.
(3)
The Comprehensive Plan and Official Street Map or any
portion thereof.
(5)
The rules of the Division of Highways, State Department
of Transportation, relating to safety of access and the preservation of the
public interest and investment in the streets if the subdivision or any lot
contained therein abuts on a state trunk highway or connecting street.
E.
Penalties and remedies. Any person convicted of failure to comply with the provisions of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. Each day a violation exists or continues shall constitute a separate offense. Also, failure to comply with the requirements of this chapter invalidates purported transfers of title at the option of the purchaser in accordance with the provisions of Ch. 236, Wis. Stats., or as amended. Zoning permits shall also be refused for construction on sites created in violation of these requirements. In addition, the remedies provided by Ch. 236, Wis. Stats., or as amended, shall be available to the Village.[2]
In planning and developing a subdivision within the Village of Westfield
or the extraterritorial plat approval jurisdiction, the subdivider or his
agent shall in every case follow the procedure outlined below:
A.
Preliminary plat procedure.
(1)
Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and a letter of application. The preliminary
plat shall be prepared in accordance with this chapter, and 10 copies shall
be filed with the Village Clerk-Treasurer at least 15 days prior to the meeting
of the Plan Commission at which action is desired. Copies of the preliminary
plat shall be transferred by the subdivider to all state and county agencies
for review and approval as required by § 236.12, Wis. Stats.
(2)
The Village Plan Commission shall, within 90 days of
the filing of the plat, approve, approve conditionally, or reject the plat
following review of the preliminary plat and other material submitted for
conformity with all ordinances, administrative rules and regulations and negotiations
with the subdivider on changes deemed advisable and the kind and extent of
which will be required.
(3)
The action of the Village Plan Commission shall be noted
on two copies of the preliminary plat. One copy will be returned to the subdivider
with the date and action endorsed thereon and, if approved conditionally or
rejected, the conditions or reasons therefor. The second copy shall be filed
with the Village Clerk-Treasurer.
(4)
Approval or conditional approval of a preliminary plat
shall not constitute approval of the final plat. Rather, it shall be deemed
an expression of approval or conditional approval of the layout submitted
as a guide to the preparation of the final plat which will be subject to further
consideration by the Village Plan Commission.
B.
Final plat procedure.
(1)
The final plat, a written application for approval, and
four copies thereof shall be submitted to the Village Clerk-Treasurer of the
Village of Westfield within 24 months of approval of the preliminary plat
and at least 15 days prior to the meeting of the Village Plan Commission at
which action is desired. Copies of the final plat shall be transferred by
the subdivider to all state and county agencies for review and approval as
required by § 236.12, Wis. Stats.
(2)
The Village Clerk-Treasurer shall forward the final plat
to the Village Plan Commission for its recommendation. The Village Plan Commission
shall refer the final plat to the Village Board within 45 days of its submission.
Action on the final plat cannot be taken by the Village until the final plat
has been approved by all state reviewing agencies.
(3)
The Village Board will act on the application after referral
by the Village Plan Commission. The Village Board shall approve or reject
the plat within 60 days of submission of a complete application, unless the
time is extended by agreement with the subdivider. Reasons for rejection shall
be stated in the minutes of the Board meeting and a copy forwarded to the
subdivider. The final plat may, if permitted by the Village Plan Commission,
constitute only that portion of the approved preliminary plat which the subdivider
proposed to record at the time of submittal.
(4)
The Village Board shall approve the final plat if all
of the applicable provisions of this chapter and Ch. 236, Wis. Stats., or
as amended, are complied with.
(5)
Ten copies of the approved final plat shall be filed
with the Village Clerk-Treasurer.
A.
A certified survey map, prepared and recorded in accordance with § 236.34, Wis. Stats, and the requirements of this chapter, and having been approved by the Village Board, may be used in lieu of a subdivision plat in the case of minor subdivision as defined in § 515-2 of this chapter.
B.
The subdivider shall prepare a certified survey map in accordance
with § 236.34, Wis. Stats., and this chapter and shall file 10 copies
of the map with the Village Clerk-Treasurer at least 15 days prior to the
meeting of the Plan Commission at which action is desired.
C.
The Plan Commission shall transmit a copy of the map to all affected
boards, commissions, or departments for their review and recommendation concerning
matters within their jurisdiction. Their recommendations shall be transmitted
to the Plan Commission within 10 days from the date the map is filed. The
map shall be reviewed by the Plan Commission for conformance with this chapter,
the Comprehensive Plan and all ordinances, rules and regulations that affect
it.
D.
The Plan Commission shall recommend approval, conditional approval,
or rejection of the map and shall transmit the map along with its recommendations
to the Village Board. The Village Board shall, within 90 days of the filing
of the map, approve, conditionally approve or reject the map and shall notify
the subdivider of its decision. If the map is rejected by the Board, the reason
for rejection shall be stated in the minutes of the meeting and a written
statement supplied to the subdivider upon request.
E.
The subdivider shall record the approved map with the County
Register of Deeds within six months after the date of the last approval. Failure
to do so shall necessitate reapproval of the map by the Village Board.
F.
To the extent reasonably practicable, the certified survey map
shall comply with the provisions of this chapter relating to general requirements,
design standards and required improvements.
A.
Before final approval of any subdivision within the corporate
limits of the Village will be granted, the subdivider shall have provided
the following facilities or have given satisfactory proof that he has arranged
to insure the installation of such facilities:
(1)
Sanitary sewers. The following are the necessary requirements
for a proposed subdivision if sanitary sewers are available or are reasonably
accessible as determined by the Village Board upon the recommendation of the
Operations Committee. Sanitary sewer shall be constructed in the locations
needed to provide service to each lot. Laterals shall be installed for each
lot terminating at the property line and at a depth to properly serve the
lot. Each lateral shall be marked in the field by a Douglas fir, five feet
long, four inches by four inches, placed in a vertical position and visible
above ground. If a sewage lift station is necessary to serve the subdivision,
the subdivider shall share in the cost of the lift station and associated
force main in the same ratio that the land area of the subdivision bears to
the total land area served by the lift station. The plans and specifications
for sanitary sewers shall be approved by the Village Operations Committee
and the State Department of Natural Resources. Construction shall be under
the supervision of the Operations Committee, and the cost of such supervision
shall be borne by the subdivider. If the Village is required to construct
sanitary sewer facilities outside of the boundaries of the subdivision to
serve the subdivision facilities, the subdivider shall be responsible for
any cost of such construction not recovered by the Village through special
assessments. In the event such special assessments are deferred, the property
owners shall be reimbursed when the special assessment is paid or installment
payments commenced. The owner(s) shall also be responsible to the Village
for all engineering and administrative costs in connection with the sewer
project, but the owner(s) has the option of engaging a contractor, approved
by the Village, to do the actual construction.
(2)
Storm sewer. Storm sewer facilities shall be constructed
within the subdivision boundaries in the locations and sizes needed to accommodate
the design flow volumes. Such facilities shall include mains, channels, inlets,
catch basins, and laterals as required. If the Village is required to construct
storm sewer facilities outside of the boundaries of the subdivision to serve
the subdivision facilities, the subdivider shall share in the cost of such
facilities in the same ratio that the area of the subdivision bears to the
total area served by the outside construction.
(3)
Street and site grading. The subdivider shall have prepared
in accordance with the requirements and standards of the Village plan and
profile drawings together with typical street cross sections and specifications
which indicate the proposed established grades of all the streets shown on
the plat. The subdivider shall also have prepared a Master Site Grading Plan
for the entire subdivision. This plan shall be prepared in accordance with
the requirements and standards of the Village Board and shall show existing
and proposed elevations of all lot corners, control points and building locations.
The plan shall also indicate positive control of all storm drainage in and
adjacent to the plat. The cost of the preparation of such plans shall be paid
by the subdivider. After approval of these plans by the Village Engineer,
Plan Commission and Village Board, the subdivider shall grade or cause to
be graded the full width of the right-of-way of the proposed streets in accordance
with the approved drawings. The full width of the right-of-way shall also
include that area between marginal access streets and major streets and shall
be graded and prepared for seeding under the supervision of a Village-approved
inspector. All stumps and trees which cannot be saved, boulders, and other
similar items shall be removed. The subdivider shall also cause to be graded
the entire subdivision lot area in accordance with the Master Site Grading
Plan. Upon completion of all street and subdivision grading, the subdivider
shall supply the Village with a document prepared by his engineer or surveyor
certifying that the completed grading work is in compliance with the Master
Site Grading Plan. The cost of all required grading work, supervision, certification,
inspection and engineering fees shall be paid for by the subdivider.
(4)
Streets. After installation of all required underground
facilities in a proposed subdivision, the streets will be constructed to the
following standards. Streets shall be cleared of all trees, stumps, and other
debris to their entire length and width. They shall then be graded with a
thirty-two-foot roadway (twenty-foot in the case of mobile home park internal
streets), a two-foot ditch on a one-to-one slope with a backslope of four
to one. The entire thirty-two-foot roadway will require sufficient road material
so that, after the compaction, the road material will be a depth of at least
four inches. The type of road material will be left to the discretion of the
Operations Committee. Where a street or driveway crosses a storm drainage
ditch, a minimum twelve-inch culvert must be installed under the street or
driveway. In areas where sanitary sewers are not available, the subdivider
will still be required to do all the necessary construction to prepare the
road as required above. If the Operations Committee determines that conditions
require street construction in excess of the before-mentioned standards, the
additional cost of such construction shall be borne by the Village. The Village
will not assume the extra construction cost if the excess construction costs
are required by the character of the subdivision. The bituminous surfacing
will be the responsibility of the Village, and surfacing shall take place
at the discretion of the Village.
(5)
Utilities. The subdivider shall cause gas, electric power,
telephone and cable television facilities to be installed in such a manner
as to make service available to each lot. All such utilities shall be installed
underground within the boundaries of the subdivision. The subdivider shall
have written statements from all the utilities stating that the easements
as shown on the final plat are acceptable to them.
[Amended 11-18-1993]
(6)
Newly platted major subdivisions.
[Added 11-18-1993]
(a)
Requirements:
[1]
Sidewalks shall be required on both sides of the street
in all plats submitted for approval after the effective date of this policy.
[2]
Prior to plat approval, the subdivider must provide a
signed contract and surety bond to the Director of Public Works guaranteeing
the installation of sidewalks at the subdivider's expense.
[3]
The sidewalks must be completed within one year of the
construction of the public street. If the sidewalks have not been installed
within 30 days of this date, the Direct of Public Works will inform the Village
Attorney who shall prepare an ordinance for the construction of the sidewalks.
The Village Attorney shall file a lien against the property to pay for any
construction costs not included in the surety bond. If the sidewalks are damaged
due to subsequent construction work, it shall be the responsibility of the
general contractor to repair the damage.
(b)
Exceptions. Exceptions to these requirements may be granted
by the Operations Committee, subject to the approval of the Village Board,
in the following instances:
[1]
Industrial and commercial subdivisions with alternative
pedestrian circulation plans.
[2]
Residential cul-de-sac streets less than 450 feet in
length.
[3]
Streets of limited continuity which have no through traffic
(or the potential for creating through traffic from abutting developments).
[4]
Residential streets where topography, trees or other
unique circumstances, such as insufficient right-of-way, make placement of
sidewalks on one or both sides of the street impractical and where the absence
of such walks will not substantially interrupt pedestrian flows to parks,
schools or other major pedestrian gathering places.
(c)
Cost sharing. The Village will reimburse a subdivider
$1 per square foot for sidewalks installed in accordance with this chapter
and the Village of Westfield policy statement titled "Installation of Sidewalks."
B.
Boundary street improvements.
[Added 4-30-1987]
(1)
Sanitary sewer. The subdivider shall be responsible for
100% of all engineering, surveying, administrative costs and any other costs,
including the lateral cost to the subdivider's property and 50% of the actual
construction of said main. The property owners on the opposite side of the
street for which the sewer main runs shall be responsible for 50% of the actual
construction of said main, in accordance with the linear footage of said lot.
In the event the boundary street should border the Village limits the subdivider
shall pay 100% of the actual construction. The Village of Westfield shall
not be required to pay any costs for the sanitary sewer, other than the administrative
costs of publication and notice and any other statutory requirements for special
assessments.
(2)
Storm sewer. The subdivider shall be responsible for
100% of the cost of storm sewers. The Village will not be responsible for
any part of the storm sewer costs on the boundary street.
(3)
Streets. The subdivider shall be responsible for 100% of all engineering, surveying, administrative costs and any other costs in accordance with Subsection A(3). The subdivider shall also be responsible for 50% and the property owners on the opposite side of the street shall be responsible for 50%, in accordance with the linear footage of said lot, for all street and site grading in accordance with Subsection A(3). The Village will be responsible for 100% of the pavement once the street is brought up to the appropriate grade in accordance with the Village regulations (except for internal mobile home park streets), as well as any administrative costs of publication and notice and any other statutory requirements for special assessments.
C.
Partial street and dead-end street improvements.
(1)
Partial streets and dead-end streets shall not be opened
to traffic except where there are lots fronting on a dead-end street. Plans
shall be prepared for the improvements required by this section.
(2)
The improvements listed in this section shall not be
constructed except where they serve lots fronting on dead-end streets and
where it is necessary to serve other areas of the subdivision.
(3)
For partial and dead-end streets, there shall be deposited with the Village a sum equal to the estimated cost of all improvements required by this section, except those constructed in accordance with Subsection C(2) above. The estimated cost shall be based on the plans and the actual cost of similar improvements in the balance of the subdivision and shall be determined by the Operations Committee.
D.
Plans and specifications. At the option of the Village,
the plans and specifications for any or all of the required improvements may
be prepared by the Village or its consultants. If the subdivider is required
by the Village to furnish plans and specifications, they shall be prepared
by a registered engineer and approved by the Village or its consultant and
any state agency having jurisdiction over such plans. In either case, the
subdivider shall be responsible for the cost of plan preparation of any surveys
needed to prepare the plans.
E.
Construction. The Village may undertake construction
with Village forces at the request of the subdivider of any improvements normally
constructed by the Village if the Village's construction schedule permits.
Construction must be approved by the Operations Committee, and the subdivider
must deposit a check or cash with the Village in the amount of the estimated
cost of the work prior to the start of construction. Payment in full shall
be made to the Village upon completion of the work. The construction of any
improvements not undertaken by the Village shall be the responsibility of
the subdivider.
F.
Inspection.
(1)
All construction shall be subject to inspection by the
Village. The cost of such inspection on construction undertaken by the Village
will be included in the cost of construction. The cost of inspection on construction
undertaken by the subdivider shall be charged to the subdivider.
(2)
All facilities and improvements installed prior to the
final approval of the plat shall be dedicated to the Village, along with streets
and other public areas upon approval of the plat. Facilities and improvements
completed under bond or other financial guarantee, after approval of the plat,
shall be considered dedicated to the Village upon their approval and acceptance
and release of the bond or other guarantee.
A.
Streets.
(1)
General. The streets shall be designed and located in
relation to existing and proposed streets, to the topography, to such natural
features as streams and tree growth, to public convenience and safety, and
to the proposed use of the land to be served by such streets. The arrangement,
width, grade and locations of all streets shall conform to the Official Street
Map and Comprehensive Plan.
(2)
Arrangement.
(a)
Major arterials and highways shall be properly integrated
with the existing and proposed system of major arterials and highways and,
insofar as practicable, shall be continuous and in alignment with existing,
planned, or platted streets with which they are to connect.
(b)
Collector streets shall be properly related to traffic
generating from facilities such as schools, churches, and shopping centers,
to population concentrations and to the major streets into which they feed.
(c)
Local streets shall be designed to conform to the topography,
to discourage use by through traffic, to permit the design of efficient drainage
and sewer systems and to require the minimum amount of streets necessary to
provide convenience and safe access to abutting property.
(3)
Limited access highways. Where a subdivision borders
on a limited access highway, the Plan Commission may request a frontage street
parallel to and on each side of such right-of-way at a distance suitable for
the appropriate use of the land.
(4)
Protection of major arterials and highways where a subdivision
borders on or contains a major arterial or highway. The Village Plan Commission
may require that there shall be no direct access between a major arterial
or highway and the individual lots or parcels in the subdivision without express
written consent of the Plan Commission; that the subdivision be laid out with
a minimum number of street connections with a major arterial or highway; that
wherever existing streets provide reasonable and adequate access to a major
arterial or highway, the street in a subdivision shall not be opened directly
onto a major arterial or highway; that local access streets be provided; and
that the backs of lots abut the major arterials or highways.
(5)
Alleys.
(a)
Alleys shall be provided in all business, commercial, and industrial districts, except that the Plan Commission may waive this requirement where other definite and suitable provisions are made for service access, such as off-street loading and parking, consistent with and adequate for the uses proposed and in accordance with the provisions of Chapter 525, Zoning, of this Code.
(b)
The width of alleys shall not be less than 24 feet.
(c)
Dead-end alleys are prohibited except under very unusual
circumstances, and crooked and "T" alleys shall be discouraged. Where dead-end
alleys are unavoidable, they shall be provided with adequate turnaround facilities
at the dead end.
(d)
Alleys shall not be permitted in residential areas.
(6)
Intersections.
(a)
Streets shall intersect each other at right angles as
nearly as possible,
(b)
Not more than two streets shall intersect at one point
unless approved by the Village Plan Commission.
(c)
Street jogs with center-line offsets of less than 125
feet shall be avoided. Where streets intersect major streets, their alignment
shall be continuous.
(7)
Street width. The right-of-way for all streets shall
be of such width specified on the Official Street Map or Comprehensive Plan
or, if no width is specified thereon, they shall be not less than the width
specified below:
|
Type of Street
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Major arterial
|
120
| |
|
Collector
|
80
| |
|
Local
|
66
| |
|
Frontage
|
50
| |
|
Alley
|
24
|
(8)
Grades. The grade of major arterial and collector streets
shall not exceed 6% unless necessitated by exceptional topography and approved
by the Village Plan Commission and Operations Committee. The grade of all
other streets shall not exceed 8%. In no case shall the grade of any street
exceed 10% or be less than 0.5% unless approved by the Village Plan Commission
and Operations Committee.
(9)
Horizontal curves.
(a)
A minimum sight distance with clear visibility measured
along the center line for at least 300 feet shall be provided for on major
arterials, 200 feet on collector streets, and 200 feet on local streets.
(10)
Tangents. A tangent at least 100 feet long shall be introduced
between reverse curves on major arterials and collector streets.
(11)
Cul-de-sac streets. Streets designed to have one end
permanently closed shall not exceed 500 feet in length and shall terminate
with a turnaround of not less than 150 feet in diameter of right-of-way.
(12)
Boundary strip. There shall be no reserve strips controlling
access to streets except where control of such strips is definitely placed
in the Village under conditions approved by the Plan Commission.
(13)
Street names. New street names shall not duplicate or
be similar to existing street names, and existing street names shall bear
the same name and be projected wherever possible, as designated by the Plan
Commission.
B.
Easements.
(1)
Easements shall be provided where required by the Village
Plan Commission, Operations Committee, and utility companies for storm and
sanitary sewers, gas, water, power, telephone, television cable, etc. They
shall be at least 10 feet in width.
(2)
Where a subdivision is traversed by a watercourse, channel
or stream, an easement shall be provided for an adequate drainageway conforming
substantially with the lines and area of such watercourse, channel, or stream.
The location, width, alignment, and any proposed improvement of such drainageway
shall be subject to approval by the Village Plan Commission and the Operations
Committee. Wherever possible, stormwater drainage shall be maintained by landscaped,
open channel of adequate width and grade to hydraulically achieve maximum
potential volumes of flow. Sizes and design details shall be subject to review
and approval by the Village.
C.
Blocks.
(1)
The lengths, widths, and shapes of blocks shall be compatible
with the planned use of the land and the type of development contemplated.
Block lengths in residential areas shall not exceed 1,500 feet nor be less
than 400 feet between street lines unless waived by the Village Plan Commission.
(2)
Pedestrianways or crosswalks, not less than 10 feet in
width, shall be required by the Village Plan Commission where deemed essential
to provide adequate pedestrian circulation or access to schools, playgrounds,
shopping centers, churches, transportation and other community facilities.
D.
Lots.
(1)
The size, shape, and orientation of the lots shall be
appropriate for the location of the subdivision, the proposed density of the
area and for the type of development and use contemplated and shall conform
to the requirements of existing zoning designations or the recommended land
use of approved guide plans.
(2)
Lot dimensions shall conform to the requirements of Chapter 525, Zoning, of this Code. In areas that cannot be serviced by municipal sewer, the lots must conform to the requirements of Ch. Comm 85, Wis. Adm. Code, or as amended.
(3)
Residential lots abutting on major streets and highways
shall be platted with sufficient depth to permit adequate separation between
the buildings and such trafficways.
(4)
Excessive depth in relation to width shall be avoided
and a proportion of 2 1/2 to one shall normally be considered as a desirable
maximum. Lots shall not be less than 100 feet in depth.
(5)
Depth and width of properties reserved or laid out for commercial or industrial use shall be adequate to provide for the off-street service and parking facilities required by Chapter 525, Zoning.
(6)
Every lot shall front or abut on a public street.
(7)
Side lot lines shall be substantially at right angles
to street lines or radial to curved street lines on which the lot faces.
(8)
Corner lots shall have extra width to permit adequate
building setbacks from side streets.
(9)
In case a tract is divided into large parcels, such parcels
shall be arranged so as to allow the resubdivision of any such parcels into
normal lots in accordance with the provisions of this chapter.
(10)
Lots shall follow municipal boundary lines rather than
cross them.
(11)
Double frontage and reverse frontage lots shall be prohibited
except where necessary to provide separation of residential development from
through traffic or to overcome specific disadvantages of topography and orientation.
The preliminary plat shall be based upon a survey by a registered land
surveyor and the plat prepared on tracing cloth or paper of good quality at
a scale of not more than 200 feet to one inch and shall show correctly on
its face:
A.
Date, scale, and North point.
B.
The title of the proposed subdivision which shall not
duplicate the name of any plat previously recorded in Marquette County.
C.
The name and address of the owner, the subdivider, and
its surveyor or engineer preparing the plat. If a professional land planner
has prepared the subdivision design, his name and address shall appear on
the plat.
D.
Location of the subdivision by government lot, quarter
section, section, township, range and county.
E.
A small scale drawing of the section or government subdivision
of the section in which the subdivision lies with the location of the subdivision
indicated thereon.
F.
The exact length and bearing of the exterior boundaries
of the proposed subdivision referenced to a corner established by the United
States Public Land Survey and the total acreage encompassed.
G.
Location and names of adjacent subdivisions and the owners
of adjoining parcels of unsubdivided land.
H.
Zoning on and adjacent to the subdivision.
I.
Location, width, and name of all existing and platted
streets, alleys, or other public ways and easements, railroad and utility
rights-of-way, parks, cemeteries, watercourses, drainage ditches, permanent
buildings, bridges, and other pertinent data as determined by the Plan Commission.
J.
Water elevations of adjoining lakes, streams, or rivers
at the date of survey and approximate high and low water elevations, all referenced
to the Village of Westfield datum.
K.
If the subdivision borders on a lake or stream, the distance
and bearing on a meander line established not less than 20 feet nor more than
50 feet back from the ordinary high-water mark of the lake or stream.
L.
Locations of existing property lines, buildings, drives,
streams and watercourses, marshes, rock outcrops, wooded areas, railroad tracks,
and other similar significant features within the tract being subdivided or
immediately adjacent thereto.
M.
Contours at vertical intervals of not more than five
feet where the slope is greater than 10% and not more than two feet where
the slope is less than 10%. Elevations shall be marked on such contours based
on Village of Westfield datum.
N.
Location, width, and names of all new streets and rights-of-way.
O.
Approximate location and dimensions of any site proposed
to be dedicated for public use or which is to be reserved by deed covenant
for use of all property owners in the subdivision with the conditions, if
any, of such dedication or reservation.
P.
Approximate dimensions and areas of lots, together with
proposed lot and block number.
Q.
Approximate radii of all curves.
R.
When requested by the Village Plan Commission, a draft
of any protective covenants that the subdivider proposes to incorporate into
his subdivision.
S.
Existing sanitary sewers and other underground facilities
within the proposed subdivision or immediately adjacent thereto.
A.
The final plat of the subdivision shall comply with the
requirements of Ch. 236, Wis. Stats., or as amended, which is hereby adopted
by reference. The affidavits and certificates required by Ch. 236 shall be
lettered or printed legibly with black durable ink or typed legibly with black
ribbon on the final plat. Ten copies of the final plat will be given to the
Village for use and distribution.
B.
Any deed restriction or special covenants which are of
such length as to make their lettering on the plat or map impractical will
necessitate preparation and recording of a separate instrument; reference
to such instrument shall be made on the plat or map. Ten copies of such instrument
shall also be furnished to the Village.
C.
The final plat shall include acknowledgment of the owner
or owners of the plat for the dedication to the public use of all streets,
alleys, park and other land shown thereon, and the granting of easements that
are required.
A.
The map shall show correctly on its face, in addition to the
information required by § 236.34, Wis. Stats., the following:[1]
(1)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper division.
(2)
Existing zoning on and adjacent to the proposed land division
and required setbacks or building lines.
(3)
All lands reserved for future acquisition.
(4)
Utility and drainage easements.
(5)
Date of the map.
(6)
Graphic scale.
(7)
Names and addresses of the owner, subdivider and surveyor.
B.
Whenever a piece of property within the corporate limits of the
Village is surveyed or resurveyed, a copy of the certified survey map must
be submitted to the Village Board for approval prior to recording.
[Added 11-18-1993]
A.
General. Where the Plan Commission finds that extraordinary
hardships or practical difficulties may result from strict compliance with
these regulations and/or the purposes of these regulations may be served to
a greater extent by an alternative proposal, it may approve variances to these
subdivision regulations so that substantial justice may be done and the public
interest secured, provided that such variance shall not have the effect of
nullifying the intent and purpose of these regulations, and further provided
that the Plan Commission shall not approve variances unless it shall make
findings based upon the evidence presented to it in each specific case that:
(1)
The granting of the variance will not be detrimental
to the public safety, health, or welfare or injurious to other property as
located.
(2)
The conditions upon which the request for a variance
is based are unique to the property for which the variance is sought and not
applicable to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out.
B.
Conditions. In approving variances the Plan Commission
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements of the regulations.
C.
Procedures. A petition for any such variance shall be
submitted in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Village Plan Commission. The petition
shall state fully the grounds for the application and of all the facts relied
upon by the petitioner.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of the Village and shall not be deemed a limitation or repeal of
any other power granted by the Wisconsin Statutes.
The Village Plan Commission may, at its discretion, adopt rules and
regulations to facilitate the orderly and efficient conduct of the procedures
outlined in this chapter.
