The purpose of this chapter is to promote the public health, safety
and general welfare of the community, and these regulations are designed to
lessen congestion in the streets and highways; to further the orderly layout
and use of land; to secure safety from fire, panic and other dangers; to provide
adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate adequate provision for transportation,
water, sewerage, 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 City, with a view of conserving
the value of the buildings placed upon land, providing the best possible environment
for human habitation, and for encouraging the most appropriate use of land
throughout the City.
As used in this chapter, the following terms shall have the meanings
indicated:
MINOR SUBDIVISION
The division of land by the owner or his agent resulting in the creation
of two parcels or building sites, any one of which is two acres in size or
less, or the division of a block, lot or outlot within a recorded subdivision
plat into not more than four parcels or building sites without changing the
exterior boundaries of said block, lot or outlot.
STREET
A way for vehicular traffic other than an alley.
A.
Arterial streets and highways are those which are used primarily for
fast or heavy traffic.
B.
Collector streets are those which carry traffic from minor streets to
the system of arterial streets and highways, including the principal entrance
streets of a residential development and streets for circulation within such
development.
C.
Minor streets are those which are used primarily for access to the abutting
properties.
D.
Marginal access streets are minor streets which are parallel to and
adjacent to arterial streets and highways and which provide access to abutting
properties and protection from through traffic.
SUBDIVISION
A division of a lot, parcel or tract of land by the owner thereof
or his agent for the purpose of sale or building development, where:
A.
The act of division creates three or more parcels or building sites
of two acres each or less in area; or
B.
Three or more parcels or building sites of two acres each or less in
area are created by successive divisions within a period of five years.
It is recommended that, prior to the filing of an application for the
approval of a preliminary plat, the subdivider consult with the Mayor's Planning
and Advisory Committee in order to obtain its advice and assistance. This
consultation is neither formal nor mandatory but is intended to inform the
subdivider of the purpose and objectives of these regulations, the Comprehensive
Plan, Comprehensive Plan components, and duly adopted plan implementation
devices of the City and to otherwise assist the subdivider in planning his
development.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in §§
370-4 through
370-6.
The proposed subdivision shall conform to:
A. The provisions of Ch. 236, Wis. Stats.
B. All applicable ordinances of the City.
E. The rules of the State Department of Commerce relating
to lot size and lot elevation if the subdivision is not served by a public
sewer and provision for such service has not been made.
F. The rules of the 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.
The following information shall be provided at the time of the preliminary
consultation or upon filing the preliminary plat if the preliminary consultation
is not held:
A. Information including data on existing covenants, land
characteristics and available community facilities and utilities and information
describing the subdivision proposal, such as number of residential lots, typical
lot width and depth, price range, business areas, playgrounds, park area,
other public areas, tree planting, proposed protective covenants and proposed
utilities and street improvements.
B. A location map showing the relationship of the proposed
subdivision to existing community facilities which serve or influence it.
Include development name and location; main traffic arteries, public transportation
lines and shopping centers; elementary and high schools, parks and playgrounds;
principal places of employment; other community features, such as railroad
stations, airports, hospitals, and churches; and title, scale, North arrow
and date.
C. A sketch plan showing in simple sketch form the proposed
layouts of streets, lots, and other features in relation to existing conditions.
The sketch plan may be a freehand pencil sketch made directly on a print of
the topographic survey.
The preliminary plat shall be drawn with waterproof, nonfading black
ink or legibly drawn with pencil on tracing cloth or tracing paper of good
quality at a scale of not more than 100 feet to an inch and shall show correctly
on its face:
A. Date, scale and North point.
B. The proposed subdivision name, which shall not duplicate
the name of any plat previously recorded within the county.
C. The name and address of the owner, the subdivider, and
the engineer or surveyor preparing the plat.
D. Location of the subdivision by government lot, quarter-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 subdivision.
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, widths and names 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 Mayor's Planning and Advisory
Committee.
J. The water elevations of adjoining lakes or streams at
the date of the survey and the approximate high and low water elevations of
such lakes or streams. All elevations shall be referred to some permanent
established datum plane.
K. If the subdivision borders a lake or stream, the distances
and bearings of a meander line established not less than 20 feet back from
the ordinary high-water mark of the lake or stream.
L. Layout, width and approximate grades of all new streets
and rights-of-way, such as alleys, highways, easements for sewers, water mains,
and other public utilities.
M. Direction and distance to nearest water and sewer mains.
N. Approximate dimensions of and areas of lots.
P. Approximate location and area of property proposed to
be dedicated for public use or 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.
Q. Approximate radii of all curves and length of tangents.
R. Contours at vertical intervals of not more than five
feet or at more frequent intervals if required by the Mayor's Planning and
Advisory Committee for land of unusual topography.
The Mayor's Planning and Advisory Committee may require submission of
a draft of protective covenants whereby the subdivider intends to regulate
land use in the proposed subdivision and otherwise protect the proposed development.
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.