[HISTORY: Adopted by the Village Board of the Village of Greendale as Ch. 18 of the Code of Ordinances. Amendments noted where applicable.]
No final plat for the subdivision of land as defined in § 236.02(12), Wis. Stats., in the Village shall be approved by the Village Board unless the subdivider shall by a separate agreement provide the following utility and street improvements and comply with the following provisions and requirements:
Street grading. The subdivider shall furnish specifications and drawings which indicate the proposed grades of streets and alleys shown on the plat and, after approval of those grades by the Village Manager, shall grade or cause to be graded the full width of the right-of-way of the proposed streets and alleys. All stumps, obstructing trees, boulders and similar items shall be removed. The bed of the streets and alleys, as specified by the Village Manager, shall be graded to subgrade. The Village may elect to participate in the cost of grading any streets or alleys. The Village may accept preliminary site improvement plans in place of the specifications and drawings provided for above, provided that an agreement is entered into with the subdivider that no work shall be commenced until specifications and drawings are furnished and approved by the Village.
Street surfacing. After sewer, water and other utilities have been installed, the subdivider shall surface or cause to be surfaced such streets and alleys. Such surfacing shall comply with specifications established by the Village for the appropriate type of roads. The Village may elect to participate in the cost of surfacing any streets or alleys.
Drainage, culverts and storm sewers. The subdivider shall provide proper drainage for all surface water from the area shown on the plat. This includes necessary open ditches, culverts, bridges, storm sewers, grading, etc. The Village Manager may require that the subdivider furnish plans and specifications showing the entire drainage system for the subdivision, and no work shall be performed until after such plans and specifications have been approved by the Village Manager and then only in accordance with such plans and specifications. The Village may elect to participate in the cost of any improvements provided for by this subsection.
Curbs and sidewalks. The subdivider shall furnish specifications and drawings showing proposed curbs and sidewalks and, after approval of such specifications and drawings by the Village Manager, shall build or cause to be built such curbs and sidewalks as are provided for by such specifications and drawings. The Village may elect to participate in the cost of building any curbs or sidewalks. The Village may accept preliminary site improvement plans in place of the specifications and drawings provided for above, provided that an agreement is entered into with the subdivider that no work shall be commenced until specifications and drawings are furnished and approved by the Village.
Sanitary sewers. The subdivider shall install adequate sanitary sewer facilities meeting the standards of the Metropolitan Sewerage Commission. Where mains larger than eight inches are required, the Village may elect to participate in the cost thereof. The Village Manager may require that the subdivider furnish plans and specifications showing the entire sanitary sewer system for the subdivision, and no work shall be performed until after such plans and specifications have been approved by the Village Manager and then only in accordance with such plans and specifications.
Water. The subdivider shall install adequate water distribution facilities. This shall include all pipe fittings, hydrants, etc. Where water mains larger than six inches in diameter are required, the Village may elect to participate in the cost thereof. The Village Manager may require that the subdivider furnish plans and specifications showing the entire water distribution system for the subdivision, and no work shall be performed until after such plans and specifications have been approved by the Village Manager and then only in accordance with such plans and specifications.
Streetlighting. All equipment, whether overhead or underground, and necessary attachments thereto for a streetlighting system shall be installed by the subdivider at his own expense. The Village shall furnish specifications and drawings showing and describing such streetlighting system. No work shall be commenced until such specifications and drawings are approved by the Village, and such installation shall be in accordance with such plans and specifications.
Utility poles. The subdivider shall furnish plans, specifications and drawings showing the location of all utility and underground installations. No utility poles shall be permitted on any land or in any Village streets with the exception of those lands zoned industrial or manufacturing. However, this subsection shall not apply to those utility poles already erected prior to the effective date of this chapter.
Any division of land other than a subdivision as defined in § 236.02(12), Wis. Stats., which results in the creation of four or fewer parcels of land shall be surveyed and a certified survey map shall be prepared by a registered land surveyor in accordance with the provisions of § 236.34, Wis. Stats. The certified survey map shall also show all existing buildings, watercourses, drainage ditches, rights-of-way, easements, setback or building lines and any other information requested by the Village.
The person desiring to divide land under this section shall submit the original and five copies of the certified survey map to the Village Clerk-Treasurer who shall then transmit the original and required number of copies to the Plan Commission.
The Plan Commission shall examine the certified survey map to determine if any conflicts exist with regard to zoning ordinances and any other Village ordinances which may be affected by the map. The Plan Commission shall, within 30 days from the date the map is filed, 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 review the recommendations of the Village Plan Commission and take whatever appropriate action is deemed to be necessary within 90 days from the date the map is filed with the Village Clerk-Treasurer, provided that the time may be extended by an agreement with the person seeking to divide the land. If the map is approved, the Village Board shall cause the Village Clerk-Treasurer to so certify on the face of the original map.
Existing two-family lots within the plat of Greendale Center, Blocks 1 through 60, upon which are erected freestanding two-family residences, may be divided subject to the approval of a certified survey map as provided for in Subsections (1), (2) and (3) herein and upon the following terms and conditions:
A deed restriction shall be recorded or delivered to the Village restricting a divided lot to a one-family dwelling unit. The deed restriction shall further contain a requirement that the building, siding, painting and other decorating be of identical color for both halves of the divided building. The Village shall be named as a party in such instrument for purposes of enforcing these restrictions.
At least one off-street automobile parking space shall be available for each divided lot.
The granting of the division shall be subject to the present Village ordinance requiring a special use permit for any rebuilding or additions.
All owners shall join in the petition for a division.
If the land involved is not serviced by a public sanitary sewer and provisions for such service have not been made, the person dividing the land shall submit six copies of the results of percolation tests performed by a qualified person or firm. The location of these tests shall be shown on the copies of the map submitted to the Village. The Village may accept these tests for the issuance of building permits or may require that additional tests be taken at the time a building permit is requested. A minimum of three percolation tests shall be made for each parcel of land.
The percolation rates shall not exceed 60 minutes. The percolation rate, however, will only be one factor involved in determining whether the map shall be approved. In addition, soil characteristics, high water tables and other factors shall also be evaluated by the Village in determining whether the map shall be approved or rejected.
In all instances where applicable, a person desiring to develop parcels under this section shall comply with the provisions of § 18.01.
A fee of $150 shall be paid by the person submitting the certified survey map for approval at the time it is filed with the Village Clerk-Treasurer. If the map is not approved, the filing fee shall be refunded. If the map is approved, the fees shall be used to cover the expenses involved in filing and in obtaining reproduction tracing.
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
Following approval, the original certified survey map shall be filed by the Clerk-Treasurer with the Register of Deeds of Milwaukee County.
Certified survey map. Any person converting existing multiple-family rental housing into a condominium shall file a certified survey map as required in § 18.02.
Additional submittals. Any person converting existing multiple-family rental housing into a condominium shall file a declaration of covenants, conditions and restrictions which would be applied on behalf of any owner of a condominium unit within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance of all vehicular access areas within the project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit.
The utility and street improvements provided for in § 18.01 shall comply with all plans and specifications of the Village and shall be subject to qualified inspection and approval by the Village Manager.
No final plat for the subdivision of land in the Village shall be approved by the Village Board until the subdivider enters into a contract with the Village agreeing to provide the utility and street improvements required by § 18.01 in the manner therein specified and files with the Clerk-Treasurer of the Village a surety bond or letter of credit approved by the Village Attorney in such amount as the Village Manager shall estimate and determine to be necessary to complete all the utility and street improvements required to be done by the subdivider.
The surety bond shall be executed by the subdivider as principal and a corporation authorized to so act under the laws of the State of Wisconsin as surety, the same to be payable to the Village and to be conditioned upon the faithful performance by the subdivider of such contract. Such bond shall be further conditioned to the effect that should the subdivider fail to complete all work required to be done by him within a specified reasonable time, the Village may, at its option, cause all uncompleted work to be done and the parties executing the bond shall be firmly bound for the payment of all necessary costs therefor.
All such utility and street improvements required by § 18.01 shall be paid through special assessments which may be financed at the election of the Village through general obligation local improvement bonds or special assessment B bonds. The surety bond required by the foregoing may be reduced to the extent that the Village shall elect to make the utility and street improvements.
The provisions of this section may be waived by the Village when the Village determines that the plan for financing the improvements by the subdivider makes unnecessary the filing of the surety bond.
The subdivider and the Village may agree that all or any part of the improvements provided for in § 18.01 may be performed by the Village at a price to be agreed upon between the subdivider and the Village. In the absence of such agreement, the Village may perform all or any part of such improvements at the cost and expense of the subdivider. The Village in such case shall advertise for bids in the manner provided by statute and its ordinances. If the Village Board is of the opinion that such bids when received, after notice duly given, are fraudulent, collusive or greater in amount than the fair reasonable value of the work to be done or materials to be furnished, or if no bids are received, the Village Board may by resolution and by the vote of 2/3 of its members direct and determine that the bids so received shall be rejected and that the work to be done and materials to be furnished shall be performed and furnished by the Village directly and under the direction and supervision of the Village Board, but at the expense and cost of the subdivider. In such case the cost and expense of all work done and all materials furnished by the Village shall not exceed the amount of the lowest bona fide bid by a reasonable contractor received by the Village for such work, and the cost and expense in excess of such lowest bid shall be borne by the Village at large.
The following schedule indicates the general responsibility of the subdivider and the Village in installing and paying for public improvements in proposed subdivisions:
Paving. Village may elect to participate in the cost.
Streetlights. As determined by the Village.
Street signs. As determined by the Village.
[Added by Ord. No. 562]
All preliminary plats, final plats, certified survey maps and other proposed new developments shall include within such proposals regional flood elevation data and the means to provide adequate surface drainage and to minimize flood damage. Where the estimated cost of such development exceeds $75,000 and for all subdivision proposals, the applicant shall provide all necessary computations to show the effects of the proposal on flood heights, velocities, and floodplain storage.
Any person who shall violate any provision of this chapter shall be subject to the penalty provided in § 25.04 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.