A.
Whenever a tract of land to be divided embraces all
or any part of a street designated in the adopted Town of Winneconne,
Regional and County Comprehensive Plans or adopted plan components,
such public way shall be made a part of the plat and either dedicated
or reserved by the subdivider in the locations and dimensions indicated
on such plan.
B.
Whenever a proposed park, playground, public access,
open space site or other public land, other than streets or drainageways,
designated in the adopted Town of Winneconne, Regional and County
Comprehensive Plans or adopted plan components is embraced, all or
in part, in a tract of land to be divided, such proposed public lands
shall be made a part of the plat and shall either be dedicated to
the public or reserved for acquisition at undeveloped land costs for
a period not to exceed three years between the applicant and the public
agency having jurisdiction. If the reserved land is not acquired by
such public agency within the above time limit, the land shall be
released to the owner.
C.
In order that adequate land be dedicated, reserved,
and preserved for development of public parks, recreation and open
space and to provide for proper location of such sites as the Town
develops, the following provisions shall be established:
(1)
Whenever feasible and to be compatible with the overall
land use program of the Town, the subdivider shall provide and dedicate
parkland to be held by the Town.
[Amended 4-21-2005; 8-3-2006]
(a)
Said dedication shall either be a minimum of
three acres of land for park and recreation needs of the community
or an amount of land to be determined in accordance with the following
Town zoning classifications:
|
Zoning Classification
|
Percent Allocation of
Gross Residential Acreage
| |
|---|---|---|
|
Single-family
|
6%
| |
|
Two-family
|
8%
| |
|
Multiple-family
|
12%
| |
|
Planned unit development
|
12%
|
(b)
The above-listed requirements shall be reduced
by 1/3 if the parkland that is dedicated and approved by the Town
is maintained by the homeowners' association.
(2)
The number, size and location of all dedications shall
be recommended by the Town Plan Commission and subject to approval
by the Town Board, which shall ascertain that the proposed sites are
suitable for the proposed uses. The Town Board shall retain the right
to refuse any dedication of land found to be unsuitable.[1]
[1]
Editor's Note: Former Subsection C(3) through
(5), regarding payment in lieu of dedication, which immediately followed
this subsection, was repealed 8-3-2006. This ordinance also provided
for the redesignation of former Subsection C(6) and (7) as Subsection
C(3) and (4), respectively.
(3)
After the final plat has been recorded, no lot or
parcel shall be further divided by replat, certified survey map or
conveyance, as defined in § 706.01(4), Wis. Stats., unless
such further division shall have been approved by the Town Board.
[Amended 7-18-2013]
(4)
Creation or enhancement of park or open space. Any
created park or open space, or any enhancement of any other area not
dedicated to the public, within the boundary of any land division
shall be owned and maintained by a homeowners' association. The homeowners'
association document shall specify that all lot owners within the
subdivision shall have equal rights to said land feature. The homeowners'
association document shall incorporate reasonable provisions by the
Town of Winneconne to assure the continued maintenance of the facility
in perpetuity and to provide liability protection for the occupants
and owner of the facility.
[Amended 4-21-2005]
A.
No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat and a development agreement (as specified in § 275-17) have been approved and executed by the Town of Winneconne. The subdivider shall file along with the development agreement a surety bond or other satisfactory security meeting the approval of the Town Board as a guarantee that such improvements will be completed by the subdivider or his subcontractors within the time limit established by the Town Board. The subdivider shall begin formulating the development agreement during the preliminary plat approval process.
[Amended 4-21-2005]
B.
No building permits shall be issued until the road
subgrade passes a proof roll test accepted by the Superintendent of
Highways and a bond is posted to cover the cost for the completion
of the road to Town specifications.
[Amended 8-16-2007; 6-20-2013]
The following plans and accompanying construction
specifications may be required by the Town of Winneconne before authorization
of construction or installation of improvements can be made:
A.
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
B.
Installation of Town-approved street signs and lights
at all street intersections that are within a proposed subdivision,
or on adjacent roadways of any subdivision, installed at the subdivider's
expense.
C.
Sanitary sewer plans and profiles showing the locations,
grade, sizes, elevations and materials of required facilities.
D.
Surface water drainage facilities, which may include
curb and gutters, catch basins and inlets, road ditches and open channels,
as may be required to provide adequate surface drainage for the subdivision.
Open ditch grades and culvert depth shall be reviewed and approved
by the Town before installation. Subdivisions that need on-site stormwater
detention facilities will be required to grant the county maintenance
easements.
[Amended 4-21-2005]
E.
Utility services shown as underground installations.
Any utility markers placed during plat construction, including adjoining
road rights-of-way, shall be removed within 20 days of utility installation
by the subdivider.
[Amended 4-21-2005]
The applicant, prior to commencement of any
work within the land division, shall make arrangements with the Town
Board to provide for adequate inspection. The Town or its designee
shall inspect and approve all completed work prior to release of the
sureties.
Any sanitary district within the Town shall
determine the feasibility of service and the procedures to be followed
by the owner of a proposed subdivision within said district. Also
the following shall apply:
A.
Property lying within a functioning sanitary district
and the urban service area shall only be developed in accordance with
§ 16.06 of the Winnebago County Sanitary Ordinance.
B.
Major land divisions and major condominium plats shall
be served by a public sanitary sewage system, major holding tank in
a sanitary district as part of a public sewer system, or an on-site
soil absorption system in accordance with Ch. COMM 85, Wis. Adm. Code.
Private holding tanks are expressly prohibited.
C.
Minor land divisions and minor condominium plats may
be served by holding tanks provided that no alternative methods are
available.
