[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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(1)
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.
(2)
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.
(3)
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.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(4)
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)
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.
(c)
At least one off-street automobile parking space shall
be available for each divided lot.
(d)
The granting of the division shall be subject to the
present Village ordinance requiring a special use permit for any rebuilding
or additions.
(e)
All owners shall join in the petition for a division.
(5)
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.
(6)
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.
(7)
In all instances where applicable, a person desiring to develop parcels under this section shall comply with the provisions of § 18.01.
(8)
A fee established from time to time by separate resolution
of the Village Board shall be paid by the person submitting the certified
survey map for approval at the time it is filed with the Village Clerk-Treasurer.[2] 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.
[Amended 5-20-2008 by Ord. No. 840; 1-17-2023 by Ord. No. 945]
[2]
Editor's Note: The Fee Schedule is on file in the Village
offices.
(9)
Following approval, the original certified survey
map shall be filed by the Clerk-Treasurer with the Register of Deeds
of Milwaukee County.
(1)
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.
(2)
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
[Added by Ord. No. 562[1]]
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.
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
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.
