[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 10, Ch. 6 of the 1988 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Plan Commission — See Ch. 19.
Building construction — See Ch. 225.
Driveways — See Ch. 267.
Sewers — See Ch. 440.
Streets and sidewalks — See Ch. 464.
Trees and shrubs — See Ch. 488.
Water — See Ch. 520.
Comprehensive Plan — See Ch. 535.
Floodplain zoning — See Ch. 547.
Shoreland-wetland zoning — See Ch. 575.
Zoning — See Ch. 595.
A.
Introduction. In accordance with the authority granted
by § 236.45, Wis. Stats., and for the purposes listed in
§§ 236.01 and 236.45, Wis. Stats., the Village Board
of the Village of Siren does hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be
minimum requirements adopted to promote the health, safety, morals,
comfort, prosperity and general welfare of the Village.
(2)
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever
it imposes stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote
the public health, safety, convenience and general welfare. The regulations
are designed to lessen congestion in the streets; to foster the orderly
layout and use of land; to ensure safety from fire, flooding, panic
and other dangers; to provide optimum light and air; to discourage
overcrowding of the land; to lessen concentration of population; to
facilitate adequate provision of transportation, public water and
sewerage, schools, parks, playgrounds and other public necessities;
and to facilitate the further division of large tracts of land into
smaller parcels. The regulations are made with the reasonable consideration
of, but not limited to, the present character of the Village and its
environs, with the objectives of conserving the value of the land
and improvements placed thereon, providing the most appropriate environment
for human habitation, encouraging commerce and industry and providing
for the most appropriate use of land in the Village.
The following definitions shall be applicable
in this chapter:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
The Plan Commission created by the Village Board pursuant
to § 62.23, Wis. Stats.
A Comprehensive Plan prepared by the Village indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.[1]
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions changes the title from a joint
tenancy to a tenancy in common or from a tenancy in common to a joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds. Said plat must
conform to all state laws.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use, and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets, easements and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building
line.
A street used or intended to be used primarily for fast or
heavy through traffic. "Major thoroughfare" shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
A street used, or intended to be used, primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Village for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Plan Commission
and Village Board for their consideration as to compliance with the
Comprehensive Plan and these regulations along with required supporting
data.
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel, or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres or less in area
or where the act of division creates five or more parcels or building
sites by successive division within a period of five years, whether
done by the original owner or a successor owner.
Those lands which are partially or wholly covered by marshland
flora and generally covered with shallow standing water or lands which
are wet and spongy due to high water table.
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
A.
Compliance. No person shall divide any land located
within the jurisdictional limits of these regulations which results
in a subdivision, land division or a replat as defined herein, no
such subdivision, land division or replat shall be entitled to record,
and no street shall be laid out or improvements made to land without
compliance with all requirements of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis.
Stats.
(4)
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for the Floodplain
Management Program.
(5)
Comprehensive plans or components of such plans prepared
by state, regional, county or municipal agencies duly adopted by the
Village Board.
(6)
All applicable local and county regulations, including
zoning, sanitary, building and official mapping ordinances.
B.
Jurisdiction. Jurisdiction of these regulations shall
include all lands within the corporate limits of the Village as well
as the unincorporated area within 1 1/2 miles of the corporate
limits as provided in §§ 236.10 and 62.23, Wis. Stats.
The provisions of this chapter, as they apply to divisions of tracts
of land into less than five parcels, shall not apply to:
(1)
Transfers of interests in land by will or pursuant
to court order.
(2)
Leases for a term not to exceed 10 years, mortgages
or easements.
(3)
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and
the lots resulting are not reduced below the minimum sizes required
by this chapter or other applicable laws or ordinances.
C.
Certified survey. Any division of land other than
a subdivision as defined in § 236.02(12), Wis. Stats., shall
be surveyed and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
Permits. No building permit shall be issued by the
Village authorizing the building on or improvement of any parcel of
land not on record as of the effective date of this chapter until
the provisions and requirements of this chapter have been met.
A.
Preliminary meetings. Before filing a preliminary
plat or certified survey, the subdivider is encouraged to consult
with the Plan Commission and/or its consulting staff for advice regarding
general subdivision requirements. The subdivider shall also submit
a location map showing the relationship of the proposed subdivision
to traffic arteries and existing community facilities. 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 Village and to otherwise assist the subdivider in planning
his development. In so doing, both the subdivider and planning agency
may reach mutual conclusions regarding the general program and objectives
of the proposed development and its possible effects on the neighborhood
and community. The subdivider will gain a better understanding of
the subsequent required procedures.
B.
Preliminary plat review within the Village.
(1)
Submission. 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 the subdivider shall file an adequate number of copies of the
plat and the application as required by this section with the Village
Clerk-Treasurer at least 10 days prior to the meeting of the Plan
Commission at which action is desired. The Village Clerk-Treasurer
shall submit a copy of the preliminary plat to the Plan Commission
and to the Village Engineer for review and written report of his recommendations
and reactions to the proposed plat.
(2)
Public improvements, plans and specifications. Simultaneously
with the filing of the preliminary plat or map, the owner shall file
with the Village Clerk-Treasurer five complete sets of preliminary
plans and specifications for the construction of any public improvements
required by this chapter.
(3)
Property owners' association. The Plan Commission
may require submission of a draft of the legal instruments and rules
for proposed property owners' associations when the subdivider proposes
that common property within a subdivision would be either owned or
maintained by such an organization of property owners.
(4)
Affidavit. The surveyor preparing the preliminary
plat shall certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that he has fully
complied with the provisions of this chapter.
(5)
Supplementary data to be filed with preliminary plat.
The following shall also be filed with the preliminary plat:
(a)
A statement of the proposed use of lots, stating
type of residential buildings with number of proposed dwelling units,
types of business or industry so as to reveal the effect of the development
on traffic, fire hazards and congestion of population;
(b)
If any zoning changes are contemplated, the
proposed zoning plan for the areas, including dimensions; and
(c)
Where the subdivider owns property adjacent
to that which is being proposed for the subdivision, the Plan Commission
may require that the subdivider submit a preliminary plat of the remainder
of the property so as to show the possible relationships between the
proposed subdivision and future subdivision. In any event, all subdivisions
must be shown to relate well with existing or potential adjacent subdivisions.
(6)
Referral to other agencies. The Village Clerk-Treasurer
shall, within two days after filing, transmit four copies to the county
planning agency, two copies to the Wisconsin Department of Administration,
additional copies to the Department of Administration for retransmission
of two copies each to the Wisconsin Department of Transportation if
the subdivision abuts or adjoins a state trunk highway or a connecting
street and the Wisconsin Department of Commerce if the subdivision
is not served by a public sewer and provision for such service has
not been made, and an adequate number of copies to the Plan Commission.
The county planning agency, the Wisconsin Department of Administration,
the Wisconsin Department of Transportation and the Wisconsin Department
of Commerce shall be hereinafter referred to as "objecting agencies."[1]
(7)
Drafting standards. The subdivider shall submit to
the Village Clerk-Treasurer and to those agencies having the authority
to object to plats under provisions in Ch. 236, Wis. Stats., copies
of a preliminary plat (or certified survey) based upon an accurate
exterior boundary survey by a registered land surveyor which shall
show clearly the proposed subdivision at a scale of not more than
one inch per 100 feet having two-foot contour intervals, shall identify
the improvements (grading, tree planting, paving, installation of
facilities and dedication of land) and easements which the subdivider
proposes to make and shall indicate by accompanying letter when the
improvements will be provided. Any proposed restrictive covenants
for the land involved shall be submitted.
C.
Preliminary plat approval within the Village.
(1)
After review of the preliminary plat or survey map
and negotiations with the subdivider on changes being advisable and
the kind and extent of public improvements which will be required,
the Plan Commission shall reject or approve conditionally the preliminary
plat within 20 days, as provided by statute.
(2)
If the Plan Commission rejects the plat or map, it
shall return it to the owner. If it approves or conditionally approves
the plat or map, it shall so notify the Village Board.
(3)
If the Plan Commission approves the preliminary plat,
the Village Board shall, within 90 days of the date the plat was filed
with the Village Clerk-Treasurer, approve, approve conditionally or
reject such plat and shall state, in writing, any conditions of approval
or reasons for rejection, unless the time is extended by agreement
with the subdivider. Failure of the Village Board to act within 90
days or extension thereof shall constitute an approval of the preliminary
plat, unless other authorized agencies object to the plat. The Village
Clerk-Treasurer shall communicate to the subdivider the action of
the Village Board. If the plat or map is approved, the Village Clerk-Treasurer
shall endorse it for the Village Board.[2]
(4)
Approval or conditional approval of a preliminary
plat shall not constitute automatic approval of the final plat, except
that if the final plat is submitted within 36 months of preliminary
plat approval and conforms substantially to the preliminary plat layout
as indicated in § 236.11(1)(b), Wis. Stats., the final plat
shall be entitled to approval with respect to such layout. The preliminary
plat 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 Plan Commission
at the time of its submission.[3]
(5)
Should the subdivider desire to amend the preliminary
plat as approved, he may resubmit the amended plat, which shall follow
the same procedure, except for the hearing and fee, unless the amendment
is, in the opinion of the Plan Commission, of such scope as to constitute
a new plat, in which such case it shall be refiled.
D.
Final plat review.
(1)
The subdivider shall prepare a final plat and a letter
of application in accordance with this chapter and shall file copies
of the plat and the application with the Village Clerk-Treasurer at
least 10 days prior to the meeting of the Plan Commission at which
action is desired. The owner or subdivider shall file six copies of
the final plat not later than 36 months after the date of approval
of the preliminary plat; otherwise, the preliminary plat and final
plat will be considered void unless an extension is requested in writing
by the subdivider and for good cause granted by the Village. The owner
or subdivider shall also submit at this time a current certified abstract
of title or registered property report and such other evidence as
the Village Attorney may require showing title or control in the applicant.[4]
(2)
The Village Clerk-Treasurer shall, within two days
after filing, transmit four copies to the county planning agency,
two copies to the Wisconsin Department of Administration, additional
copies to the Department of Administration for retransmission of two
copies each to the Wisconsin Department of Transportation if the subdivision
abuts or adjoins a state trunk highway or a connecting street and
the Wisconsin Department of Commerce if the subdivision is not served
by a public sewer and provision for service has not been made, and
the original final plat and adequate copies to the Plan Commission.
The county planning agency, the Wisconsin Department of Administration,
the Wisconsin Department of Transportation, and the Wisconsin Department
of Commerce shall be hereinafter referred to as "objecting agencies."[5]
(3)
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and
state laws and shall be submitted for certification of those agencies
having the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(4)
Simultaneously with the filing of the final plat or
map, the owner shall file with the Village Clerk-Treasurer six copies
of the final plans and specifications of public improvements required
by this chapter.
(5)
The Village Clerk-Treasurer shall refer two copies
of the final plat to the Plan Commission, one copy to the Engineer,
and a copy each to the telephone and power and other utility companies.
The abstract of title or registered property report shall be referred
to the attorney for his examination and report. The Village Clerk-Treasurer
shall also refer the final plans and specifications of public improvements
to the Village Engineer for review. The recommendations of the Plan
Commission and Village Engineer shall be made within 30 days of the
filing of the final plat. The Village Engineer shall examine the plat
or map and final plans and specifications of public improvements for
technical details and, if he finds them satisfactory, shall so certify
in writing to the Plan Commission. If the plat or map or the plans
and specifications are not satisfactory, the Village Engineer shall
return them to the owner and so advise the Plan Commission.
(6)
The Commission shall examine the final plat as to
its conformance with the approved preliminary plat, any conditions
of approval of the preliminary plat, this chapter and all ordinances,
rules, regulations, comprehensive plans and comprehensive plan components
which may affect it and shall recommend approval, conditional approval
or rejection of the plat to the Village Board.
E.
Partial platting. The final plat may, if permitted
by the Village Board and Plan Commission, constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at the time.
F.
Final plat approval.
(1)
The objecting agencies shall, in accordance with § 236.12(6),
Wis. Stats., notify the subdivider and all other approving and objecting
agencies of any objections. If there are no objections, they shall
so certify on the face of the copy of the plat and shall return that
copy to the Plan Commission. If an objecting agency fails to act in
accordance with § 236.12(6), Wis. Stats., it shall be deemed
to have no objection to the plat.[6]
(2)
If the final plat is not submitted within 36 months
of the last required approval of the preliminary plat, the Village
Board may refuse to approve the final plat or may extend the time
for submission of the final plat.[7]
(3)
The Commission shall, within 30 days of the date of
filing of the final plat with the Village Clerk-Treasurer, recommend
approval, conditional approval or rejection of the plat and shall
transmit the final plat and application along with its recommendations
to the Village Board.
(5)
The Village Board shall, within 60 days of the date
of filing the original final plat with the Village Clerk-Treasurer,
approve or reject such plat, unless the time is extended by agreement
with the subdivider. If the plat is rejected, the reasons shall be
stated in the minutes of the meeting and a written statement of the
reasons forwarded to the subdivider. The Village Board may not inscribe
its approval on the final plat unless the Village Clerk-Treasurer
certifies on the face of the plat that copies were forwarded to objecting
agencies as required herein, the date thereof and that no objections
had been filed within the time prescribed by § 236.12(6),
Wis. Stats., or, if filed, have been met.[9]
(6)
Failure of the Village Board to act within 60 days,
the time having not been extended and no unsatisfied objections having
been filed, the plat shall be deemed approved.
(7)
After the final plat has been approved by the Village
Board and required improvements either installed or a contract and
sureties insuring their installation is filed, the Village Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat returned to the subdivider
for recording with the County Register of Deeds. The Register of Deeds
cannot record the plat unless it is offered within six months from
the date of last approval.[10]
(8)
The subdivider shall file 10 copies of the final plat
with the Village Clerk-Treasurer for distribution to the approving
agencies and other affected agencies for their files.
G.
Engineering fee. The subdivider shall pay a fee equal
to the actual cost to the Village for all engineering work incurred
by the Village in connection with the plat or certified survey map.
H.
Administrative fee. The subdivider shall pay a fee
equal to the cost of any legal, administrative or fiscal work which
may be undertaken by the Village in connection with the plat or certified
survey map.
A.
General. A preliminary plat shall be required for
all subdivisions and 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 100 feet to the inch and shall
show correctly on its face the following information:
(1)
Title under which the proposed subdivision is to be
recorded.
(2)
Location of the proposed subdivision by government
lot, quarter section, township, range, county and state.
(3)
Date, scale and North point.
(4)
Names and addresses of the owner, subdivider and land
surveyor preparing the plat.
(5)
Entire area contiguous to the proposed plat owned
or controlled by the subdivider shall be included on the preliminary
plat even though only a portion of said area is proposed for immediate
development. The Plan Commission or Village Board may waive this requirement
where it is unnecessary to fulfill the purposes and intent of this
chapter and undue hardship would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries
of the proposed subdivision referenced to a corner established in
the U.S. Public Land Survey and the total acreage encompassed thereby.
(2)
Locations of all existing property boundary lines,
structures, drives, streams and watercourses, marshes, rock outcrops,
wooded areas, railroad tracks and other significant features within
the tract being subdivided or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing
streets, alleys or other public ways, easements, railroad and utility
rights-of-way and all section and quarter section lines within the
exterior boundaries of the plat or immediately adjacent thereto.
(4)
Location and names of any adjacent subdivisions, parks
and cemeteries and owners of record of abutting unplatted lands.
(5)
Type, width and elevation of any existing street pavements
within the exterior boundaries of the plat or immediately adjacent
thereto, together with any legally established center-line elevations.
(6)
Location, size and invert elevation of any existing
sanitary or storm sewers, culverts and drainpipes, the location of
manholes, catch basins, hydrants, and electric and communication facilities,
whether overhead or underground, and the location and size of any
existing water and gas mains within the exterior boundaries of the
plat or immediately adjacent thereto. If no sewers or water mains
are located on or immediately adjacent to the tract, the nearest such
sewers or water mains which might be extended to serve the tract shall
be indicated by the direction and distance from the tract, size and
invert elevations.
(7)
Corporate limit lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior boundaries of the plat
and extending to the center line of adjacent public streets to National
Map Accuracy Standards based upon mean sea level datum at vertical
intervals of not more than two feet. At least two permanent benchmarks
shall be located in the immediate vicinity of the plat; the location
of the benchmarks shall be indicated on the plat, together with their
elevations referenced to mean sea level datum and the monumentation
of the benchmarks clearly and completely described. Where, in the
judgment of the Plan Commission, undue hardship would result because
of the remoteness of the parcel from a mean sea level reference elevation,
another datum may be used.
(10)
High-water elevation of all ponds, streams,
lakes, flowages and wetlands within the exterior boundaries of the
plat or located within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the plat or
located within 100 feet therefrom at the date of the survey.
(12)
Floodland and shoreland boundaries and the contour
line lying a vertical distance of two feet above the elevation of
the one-hundred-year recurrence interval flood or, where such data
is not available, two feet above the elevation of the maximum flood
of record within the exterior boundaries of the plat or within 100
feet therefrom.
(14)
Location and results of soil boring tests within
the exterior boundaries of the plat conducted in accordance with Ch.
Comm 85, Wis. Adm. Code, and delineation of areas with three-foot
and six-foot groundwater and bedrock levels where the subdivision
will not be served by public sanitary sewer service.
(15)
Location and results of percolation tests within
the exterior boundaries of the plat conducted in accordance with Ch.
Comm 85, Wis. Adm. Code, where the subdivision will not be served
by public sanitary sewer service.
(16)
Location, width and names of all proposed streets
and public rights-of-way such as alleys and easements.
(17)
Approximate dimensions of all lots together
with proposed lot and block numbers.
(18)
Location and approximate dimensions of any sites
to be reserved or dedicated for parks, playgrounds, drainageways or
other public use or which are to be used for group housing, shopping
centers, church sites or other nonpublic uses not requiring lotting.
(19)
Approximate radii of all curves.
(20)
Any proposed lake and stream access with a small
drawing clearly indicating the location of the proposed subdivision
in relation to access.
(21)
Any proposed lake and stream improvement or
relocation and notice of application for approval by the Division
of Environmental Protection, Department of Natural Resources, when
applicable.
C.
Additional
information. Where the Plan Commission finds that it requires additional
information relative to a particular problem presented by a proposed
development in order to review the preliminary plat, it shall have
the authority to request in writing such information from the subdivider.
A.
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 pat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in § 582-4A through F.
B.
The Village Clerk-Treasurer shall schedule a public
hearing before the Plan Commission when a preliminary plat of a replat
of lands within the Village is filed and shall cause notices of the
proposed replat and public hearing to be mailed to the owners of all
properties within the limits of the exterior boundaries of the proposed
replat and to the owners of all properties within 200 feet of the
exterior boundaries of the proposed replat.
A.
Certified
survey required. When it is proposed to divide land into two parcels
or building sites, any one of which is less than five acres, or when
it is proposed to divide a block, lot or outlot into not more than
four parcels or building sites within a recorded subdivision plat
without changing the exterior boundaries of the block, lot or outlot,
the subdivider shall subdivide by use of a certified survey map, prepared
in accordance with § 236.34, Wis. Stats.
B.
Submission.
The subdivider shall first consult with the Plan Commission regarding
the requirements for minor subdivision certified surveys before submission
of the final map. Following consultation, a copy of the final map
in the form of a certified survey map shall be submitted to the Village.
The certified survey shall be reviewed, approved or disapproved by
the Plan Commission pursuant to the procedures used for preliminary
plats.
C.
Proposed
layout. The Plan Commission may require a proposed subdivision layout
of all or part of the contiguously owned land even though division
is not planned at the time.
D.
Certified
survey procedure. The following procedures shall be followed with
certified surveys:
(1)
The subdivider shall cause a certified survey map
to be prepared in accordance with this section and submit 10 copies
along with the individual lot percolation tests and soil borings (for
lots not served by public sewer) to the Village Clerk-Treasurer. The
map shall be reviewed by the Plan Commission for conformance with
this chapter and all ordinances, rules, regulations, comprehensive
plans and comprehensive plan components which affect it. The Commission
shall approve, approve conditionally or reject such map within 60
days from the date of filing of the map unless the time is extended
by agreement with the subdivider. If the map is rejected, the reason
shall be stated in the minutes of the meeting and a written statement
forwarded to the subdivider.
E.
Requirements.
To the extent reasonably practicable, the certified survey/minor subdivision
plat shall comply with the provisions of this chapter relating to
general requirements, design standards and required improvements.
Conveyance by metes and bounds shall be prohibited where the lot(s)
involved is less than 1 1/2 acres or 300 feet in width.
A.
Compliance with statutes. In laying out a subdivision,
the owner shall conform to the provisions of Ch. 236, Wis. Stats.,
and all applicable code sections. In all cases where the requirements
of this chapter are different from the requirements of Ch. 236, Wis.
Stats., the more restrictive provision shall apply.
B.
Dedication. The subdivider shall dedicate land and
improve streets as provided in this chapter. Streets shall be located
with due regard for topographical conditions, natural features, existing
and proposed streets, utilities and land uses and public convenience
and safety. Streets shall conform to the Official Map of the Village.
C.
Sufficient frontage. All lots shall have sufficient
frontage on a public street to allow access by emergency and service
motor vehicles.
D.
Compliance with Comprehensive Plan. The arrangement,
character, extent, width, grade and location of all streets shall
conform to the Village's Comprehensive Plan and to this chapter and
shall be considered in their relation to existing and planned streets,
to reasonable circulation of traffic, to topographical conditions,
to runoff of stormwater, to public convenience and safety, and in
their appropriate relation to the proposed uses of the land to be
served by such streets. The arrangement of streets in new subdivisions
shall make provision for the appropriate continuation at the same
width of the existing streets in adjoining areas.
E.
Areas not covered by Official Map. In areas not covered
by the Comprehensive Plan, the layout of streets shall conform to
the plan for the most advantageous development of adjoining areas
of the neighborhood. Streets shall be designed and located in relation
to existing and officially planned streets, topography and natural
terrain, streams and lakes and existing tree growth, public convenience
and safety and in their appropriate relation to the proposed use of
the land to be served by such streets.
F.
Street classifications. Streets shall be classified
as indicated below.
(1)
Arterial streets. Arterial streets shall be arranged
to provide through traffic for a heavy volume of vehicles.
(2)
Collector streets. Collector streets shall be arranged
so as to provide ready collection of traffic from residential areas
and conveyance of this traffic to the major street and highway system
and shall be properly related to special traffic generators such as
schools, churches and shopping centers and other concentrations of
population and to the major streets into which they feed.
(3)
Minor streets. Minor streets shall be arranged to
conform to the topography, to discourage use by through traffic, to
permit the design of efficient storm and sanitary sewerage systems
and to require the minimum street area necessary to provide safe and
convenient access to abutting property.
(4)
Proposed streets. Proposed streets shall extend to
the boundary lines of the tract being subdivided unless prevented
by topography or other physical conditions or unless, in the opinion
of the Village Board, such extension is not necessary or desirable
for the coordination of the layout of the subdivision or land division
or for the advantageous development of the adjacent tracts.
(5)
Reserve strips. Reserve strips shall not be provided
on any plat to control access to streets or alleys, except where control
of such strips is placed with the Village under conditions approved
by the Village Board.
(6)
Alleys. Alleys may be provided in commercial and industrial
districts for off-street loading and service access but shall not
be approved in non-multiple-family residential districts. Dead-end
alleys shall not be approved and alleys shall not connect to a major
thoroughfare.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village of Siren must also comply with the
minimum town road standards of § 82.50, Wis. Stats.
H.
Continuation. Streets shall be laid out to provide
for possible continuation wherever topographic and other physical
conditions permit. Provision shall be made so that all proposed streets
shall have a direct connection with, or be continuous and in line
with, existing, planned or platted streets with which they are to
connect. Proposed streets shall be extended to the boundary lines
of the tract to be subdivided, unless prevented by topography or other
physical conditions, or unless in the opinion of the Plan Commission
such extension is not necessary or desirable for the coordination
of the layout of the subdivision with existing layout or the most
advantageous future development of adjacent tracts. Dead-end streets
not over 500 feet in length will be approved when necessitated by
the topography.
I.
Minor streets. Minor streets shall be so laid out
so as to discourage their use by through traffic.
J.
Number of intersections. The number of intersections
of minor streets with major streets shall be reduced to the practical
minimum consistent with circulation needs and safety requirements.
K.
Frontage roads. Where a subdivision abuts or contains
an existing or proposed arterial highway, the Village Board may require
a frontage road, nonaccess reservation along the rear of the property
contiguous to such highway or such other treatment as may be necessary
to ensure safe, efficient traffic flow and adequate protection of
residential properties.
L.
Arterial street and highway protection. Whenever the
proposed subdivision contains or is adjacent to a major street or
highway, adequate protection of residential properties, limitation
of access and separation of through and local traffic shall be provided
by reverse frontage, with screen planting contained in a nonaccess
reservation along the rear property line, or by the use of frontage
streets.
M.
Private streets. Private streets shall not be approved
nor shall public improvements be approved for any private street;
all streets shall be dedicated for public use.
N.
Visibility. Streets shall afford maximum visibility
and safety and shall intersect at right angles where practicable.[1]
O.
Half streets. Where a half street is adjacent to the
subdivision, the other half street shall be dedicated by the subdivider.
P.
Intersections.
(1)
Property lines at street intersections of major thoroughfares
shall be rounded with a radius of 15 feet or of a greater radius where
the Plan Commission considers it necessary.
(3)
Streets shall intersect each other at as nearly right
angles as topography and other limiting factors of good design permit.
(4)
The number of streets converging at one intersection
shall be reduced to a minimum, preferably not more than two.
Q.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial
districts, except that the Village Board, upon the recommendation
of the Plan Commission, may waive this requirement where other definite
and assured provisions are made for service access, such as off-street
loading and parking, consistent with and adequate for the uses proposed.
No alleys shall connect with a major thoroughfare. Alleys in residential
areas other than those zoned for multiple-family use shall not be
permitted. The width of alleys shall be no more than 21 feet.[3]
(2)
Dead-end alleys are prohibited.
R.
Street names. New street names shall not duplicate
the names of existing streets, but streets that are continuations
of others already in existence and named shall bear the names of the
existing streets. Street names shall be subject to approval by the
Plan Commission and Village Board.
S.
Minimum widths. The minimum right-of-way and roadway
width of all proposed streets and alleys shall be as specified in
Minimum Roadway Design Standards, standards adopted by the Village
Board and available from the Clerk-Treasurer.[4]
T.
Limited access highway and railroad right-of-way treatment.
Whenever the proposed subdivision contains or is adjacent to a limited
access highway or railroad right-of-way, the design shall provide
the following treatment:
(1)
Subdivision lots. When lots within the proposed subdivision
back upon the right-of-way of an existing or proposed limited access
highway or a railroad, a planting strip at least 30 feet in depth
shall be provided adjacent to the highway or railroad in addition
to the normal lot depth. This strip shall be part of the platted lots
but shall have the following restriction lettered on the face of the
plat: "This strip reserved for the planting of trees and shrubs; the
building of structures hereon is prohibited."
(2)
Commercial and industrial districts. Commercial and
industrial districts shall have provided, on each side of the limited
access highway or railroad, streets approximately parallel to and
at a suitable distance from such highway or railroad for the appropriate
use of the land between such streets and highway or railroad, but
not less than 150 feet.
(3)
Streets parallel to a limited access highway. Streets
parallel to a limited access highway or railroad right-of-way, when
intersecting a major street and highway or collector street which
crosses said railroad or highway, shall be located at a minimum distance
of 250 feet from said highway or railroad right-of-way. Such distance,
where desirable and practicable, shall be determined with due consideration
of the minimum distance required for the future separation of grades
by means of appropriate approach gradients.
(4)
Minor streets. Minor streets immediately adjacent
and parallel to railroad rights-of-way shall be avoided, and location
of minor streets immediately adjacent to arterial streets and highways
and to railroad rights-of-way shall be avoided in residential areas.
A.
Length; arrangement. The lengths, widths and shapes
of blocks shall be appropriate for the topography and the type of
development contemplated, but block length in residential areas shall
not exceed 1,200 feet nor have less than sufficient width to provide
for two tiers of lots of appropriate depth between street lines. As
a general rule, blocks shall not be less than 500 feet in length.
A block shall be so designated as to provide two tiers of lots, unless
it adjoins a railroad, major thoroughfare, river or park, where it
may have a single tier of lots.
B.
Pedestrian pathways. Pedestrian pathways, not less
than 12 feet wide, may be required by the Village Board, upon the
recommendation of the Plan Commission, through the center of a block
more than 900 feet long, where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation
and other community facilities.
C.
Trees. The Village Board may require that certain
species of trees be planted on both sides of all streets. Street trees
when planted shall not be less than 60 feet apart with a minimum of
one per lot. They should preferably be placed six to 20 feet inside
the property line rather than in the boulevard. The minimum size and
type to be planted shall conform to the provisions of applicable ordinances.
A.
Size, shape and orientation of lots shall be appropriate
for the location of topography of the subdivision and for the type
of development contemplated, provided that no lot shall be smaller
in area than the minimum lot size for the appropriate zone as established
by the Zoning Code.[1]
B.
Lot dimensions and setbacks shall conform to the requirements
of the Zoning Code for the appropriate district in which the property
is located.
C.
Depth and width of properties reserved or laid out
for commercial or industrial purposes shall be adequate to provide
for the off-street service and parking facilities required by the
type of use and development contemplated, as required by the Zoning
Code.
D.
Residential lots fronting on major streets and highways
shall be platted with extra depth or design or alleviate the effect
of major street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width
to permit building setback from both streets, as required by the Zoning
Code.
F.
Every lot shall abut or face a public street. Lots
outside the corporate limits may abut or face a private street, if
permitted by the Village Board.
G.
Butt lots will be permitted by the Plan Commission
only in exceptional cases. Permitted butt lots shall be platted at
least five feet wider than the average width of interior lots in the
block.
H.
Side lot lines shall be substantially at right angles
to or radial to abutting street lines.
I.
In case a tract is divided into parcels of more than
1 1/2 acres in area, such parcels shall be so arranged to permit
redividing into parcels in accordance with this chapter and with the
Zoning Code.
J.
Double frontage and reversed frontage lots shall be
avoided except where necessary to provide separation of residential
development from traffic arteries or to overcome specific disadvantages
of topography and orientation.
K.
In the subdividing of any land, regard shall be shown
for all natural features, such as tree growth, watercourses, historic
spots or similar conditions which, if preserved, will add attractiveness
and stability to the proposed development.
L.
All remnants of lots below minimum size left over
after subdividing of a larger tract must be added to adjacent lots,
or a plan shown as to future use, rather than allowed to remain as
unusable parcels.
M.
In the case where a proposed plat is adjacent to a
limited access highway, other major highway or thoroughfare, there
shall be no direct vehicular access from individual lots to such streets
and roads. In the platting of small tracts of land fronting on limited
access highways or thoroughfares where there is no other alternative,
a temporary entrance may be granted; as neighboring land becomes subdivided
and more preferable access arrangements become possible, such temporary
access permits shall become void.
A.
Drainage system required. A drainage system shall
be designed and constructed by the subdivider to provide for the proper
drainage of the surface water of the subdivision and the drainage
area of which it is a part. A final plat shall not be approved until
the subdivider shall submit plans, profiles and specifications as
specified in this section which have been prepared by a registered
professional engineer and approved by the Village Engineer.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village Engineer
and Plan Commission a report on the ability of existing watercourse
channels, storm sewers, culverts and other improvements pertaining
to drainage or flood control within the subdivision to handle the
additional runoff which would be generated by the development of the
land within the subdivision. Additional information shall be submitted
to adequately indicate that provision has been made for disposal of
surface water without any damage to the developed or undeveloped land
downstream or below the proposed subdivision. The report shall also
include:
(2)
A grading plan for the streets, blocks and lots shall
be submitted by the subdivider for the area within the subdivision.
(3)
The design criteria for storm drainage systems shall
be based upon information provided by the Village Engineer.
(4)
Material and construction specifications for all drainage
projects (i.e., pipe, culverts, seed, sod, etc.) shall be in compliance
with specifications provided by the Village Board or Village Engineer.
C.
Grading. The subdivider shall grade each subdivision
in order to establish street, block and lot grades in proper relation
to each other and to topography as follows:
(1)
The subdivider shall grade the full width of the right-of-way
of all proposed streets in accordance with the approved plans.
(2)
Block grading shall be completed by one or more of
the following methods:
(a)
A ridge may be constructed along the rear lot
lines which provides for drainage onto the streets.
(b)
Parts of all lots may be graded to provide for
drainage to the street or to a ditch along the rear lot line.
(c)
Draining across rear or side lot lines may be
permitted, provided that drainage onto adjoining properties is skillfully
controlled.
D.
Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.
(1)
Street drainage. All streets shall be provided with
an adequate storm drainage system. The street storm system shall serve
as the primary drainage system and shall be designed to carry street,
adjacent land and building stormwater drainage. No stormwater shall
be permitted to be run into the sanitary sewer system within the proposed
subdivision.
(2)
Off-street drainage. The design of the off-street
drainage system shall include the watershed affecting the subdivision
and shall be extended to a watercourse or ditch adequate to receive
the storm drainage. When the drainage system is outside of the street
right-of-way, the subdivider shall make provisions for dedicating
an easement of the Village to provide for the future maintenance of
said system. Easements shall be a minimum of 20 feet, but the Village
may require larger easements if more area is needed due to topography,
size of watercourse, etc.
E.
Protection of drainage systems. The subdivider shall
adequately protect all ditches to the satisfaction of the Village
Board and Village Engineer. Ditches and open channels shall be seeded,
sodded or paved depending upon grades and soil types. (Generally ditches
or channels with grades up to 1% shall be seeded, those with grades
up to 4% shall be sodded and those with grades over 4% shall be paved.)
A.
Design capacity. All improvements shall be installed
to satisfy the service requirements for the service or drainage area
in which the subdivision is located, and the improvements shall be
of sufficient capacity to handle the expected development of the overall
service or drainage area involved.
B.
Extra-size improvements. Where improvements in excess
of the size needed to serve just the proposed subdivision are required,
the subdivider shall pay for the total cost of improvements he is
required to install to serve his subdivision; the additional costs
which result from the extra-size improvement shall be paid for by
the Village. Thus, when conditions within the whole drainage area
will require an eighteen-inch sanitary sewer, for example, and a twelve-inch
sewer will adequately serve the subdivision involved, the subdivider
shall construct the eighteen-inch utility and bill the Village for
the difference in material costs between a twelve-inch and eighteen-inch
sewer pipe.
C.
Off-site extensions. When streets or utilities are
not available at the boundary of the proposed subdivision, the Village,
or its duly authorized representative, shall require, as a prerequisite
to approval of a final plat, assurances that such improvement extensions
shall be provided as follows:
(1)
Extensions of utilities onto the property involved
shall be adequate to serve the total development requirements of the
service or drainage area. Utilities leaving the property shall be
constructed in such a manner as to make their extension practical
for servicing the adjacent areas of the service or drainage area.
(2)
If the Village, or its duly authorized representative,
finds that extensions across undeveloped areas would not be warranted
as a special assessment to the intervening properties or as a governmental
expense until some future time, the developer shall be required, if
he wishes to proceed with the development, to obtain necessary easements
or rights-of-way and construct and pay for such extensions. Such improvements
shall be available for connections by subdividers of adjoining land,
and the subdivider may contract with adjacent property owners and/or
subdividers of adjacent land for reimbursement of the oversize and/or
off-site improvements constructed.
D.
Where sanitary sewer lift stations and force mains
are required to lift sewage to the gravity system, the subdivider
shall have plans, profiles and specifications prepared for the installation
of such facilities. The installation, inspection, supervision and
engineering fees for lift stations and/or force mains shall be paid
for by the subdivider unless otherwise determined and agreed upon
by the Village Board.
A.
General.
(1)
If a proposed subdivision includes land that is zoned
for commercial or industrial purposes, the layout of the subdivision
with respect to such land shall make such provisions as the Village
may require.
(2)
A nonresidential subdivision shall also be subject
to all the requirements of site plan approval set forth in the Zoning
Code. A nonresidential subdivision shall be subject to all the requirements
of these regulations, as well as such additional standards required
by the Village, and shall conform to the proposed land use standards
established by the Comprehensive Plan, Official Map and Zoning Ordinance.[1]
B.
Standards. In addition to the principles and standards
in these regulations, which are appropriate to the planning of all
subdivisions, the applicant shall demonstrate to the satisfaction
of the Village that the street, parcel and block pattern proposed
is specifically adapted to the uses anticipated and takes into account
other uses in the vicinity. The following principles and standards
shall be observed:
(1)
Proposed industrial parcels shall be suitable in area
and dimensions to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate
to accommodate the type and volume of traffic anticipated to be generated
thereupon.
(3)
Special requirements may be imposed by the Village
with respect to street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the Village
with respect to the installation of public utilities, including water,
sewer and stormwater drainage.
(5)
Every effort shall be made to protect adjacent residential
areas from potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels backing
up on existing or potential residential development and provisions
for permanently landscaped buffer strips when necessary.
(6)
Streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of
adjacent existing or potential residential areas.
A.
General requirements. The following required improvements
shall be installed in accordance with the engineering standards and
specifications which have been adopted by the Village Board and filed
with the Clerk-Treasurer. Where standards and specifications have
not been adopted, the improvements shall be made in accordance with
good engineering practices.
B.
Guarantee for installation of required improvements.
(1)
Payment for installation of improvements. The required
improvements to be furnished and installed by the subdivider, which
are listed and described in this chapter, are to be furnished and
installed at the sole expense of the subdivider; provided, however,
that in the case of an improvement, the cost of which would by general
policy be assessed only in part to the improved property and the remaining
cost paid out of general tax levy, provision may be made for payment
of a portion of the cost by the subdivider and the remaining portion
of the cost by the Village. If any improvement installed within the
subdivision will be of substantial benefit to land beyond the boundaries
of the subdivision, provision may be made for causing a portion of
the cost of the improvement, representing the benefit to such land,
to be assessed against the same, and in such case the subdivider will
be required only to pay for such portion of the whole cost of said
improvement as will represent the benefit to the property within the
subdivision.
(2)
Required agreement providing for proper installation
of improvements.
(a)
Prior to installation of any required improvements
and prior to approval of the final plat, the subdivider shall enter
into a written contract with the Village requiring the subdivider
to furnish and construct said improvements at his sole cost and in
accordance with plans and specifications and usual contract conditions,
which shall include provision for supervision of details of construction
by the Village Engineer and grant to the Engineer of authority to
correlate the work to be done under said contract by any subcontractors
authorized to proceed thereunder with any other work being done or
contracted by the Village in the vicinity.
(b)
The agreement shall require the subdivider to
make an escrow deposit or in lieu thereof to furnish a performance
bond, the amount of the deposit and the penal amount of the bond to
be equal to 1 1/4 times the Engineer's estimate of the total
cost of the improvements to be furnished under the contract, including
the cost of inspection.
(c)
On request of the subdivider, the contract may
provide for completion of part or all of the improvements covered
thereby prior to acceptance of the plat, and in such event the amount
of the deposit or bond shall be reduced in a sum equal to the estimated
cost of the improvements so completed prior to acceptance of the plat
only. If the required improvements are not complete within the specified
period, all amounts held under performance bond shall be turned over
and delivered to the Village and applied to the cost of the required
improvements. Any balance remaining after such improvements have been
made shall be returned to the owner or subdivider. The Village Board,
at its option, may extend the bond period for an additional period
not to exceed two years.
(d)
The time for completion of the work and the
several parts thereof shall be determined by the Village Board upon
recommendation of the Engineer after consultation with the subdivider.
(e)
The subdivider shall pay the Village for all
costs incurred by the Village for review and inspection of the subdivision.
This would include preparation and review of plans and specifications
by the Engineer, Planner and Attorney, as well as other costs of a
similar nature.
C.
Procedure.
(1)
Construction plans and specifications. Construction
plans for the required improvements conforming in all respects to
the standards of the Village Engineer and the ordinances of the Village
shall be prepared at the subdivider's expense by a professional engineer
who is registered in the State of Wisconsin, and said plans shall
contain his seal. Such plans, together with the quantities of construction
items, shall be submitted to the Village Engineer for his approval
and for his estimate of the total cost of the required improvements;
upon approval they shall become a part of the contract required. Simultaneously
with the filing of the preliminary plat with the Village Clerk-Treasurer
or as soon thereafter as practicable, copies of the construction plans
and specifications shall be furnished for the following public improvements:
(a)
Street plans and profiles showing existing and
proposed grades, elevations and cross sections of required improvements.
(b)
Sanitary sewer plans and profiles showing the
locations, grades, sizes, elevations and materials of required facilities.
(c)
Storm sewer and open channel plans and profiles
showing the locations, grades, sizes, cross sections, elevations and
materials of required facilities.
(d)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
(e)
Erosion and sedimentation control plans showing
those structures required to retard the rate of runoff water and those
grading and excavating practices that will prevent erosion and sedimentation.
(f)
Planting plans showing the locations, age, caliper,
species and time of planting of any required grasses, vines, shrubs
and trees.
(g)
Additional special plans or information as required
by Village officials.
(2)
Action by the Village Engineer. The Village Engineer
shall review or cause to be reviewed the plans and specifications
for conformance with the requirements of this Code of Ordinances and
other pertinent Village design standards recommended by the Village
Engineer and approved by the Village Board. If he rejects the plans
and specifications, he shall notify the owner, who shall modify the
plans or specifications or both accordingly. When the plans and specifications
are corrected, the Village Engineer shall approve the plans and specifications
for transmittal to the Village Board. The Village Board shall approve
the plans and specifications before the improvements are installed.
(3)
Construction and inspection.
(a)
Prior to starting any of the work covered by
the plans approved above, written authorization to start the work
shall be obtained from the Village Engineer upon receipt of all necessary
permits and in accordance with the construction methods of this chapter.
(b)
Construction of all improvements required by
this chapter shall be completed within two years from the date of
approval of the preliminary plat by the Village Board, unless good
cause can be shown for the Village Board to grant an extension.
(c)
During the course of construction, the Village
Engineer shall make such inspections as he deems necessary to ensure
compliance with the plans and specifications as approved. The owner
shall pay the actual cost incurred by the Village for such inspections.
This fee shall be the actual cost to the Village of inspectors, engineers
and other parties necessary to ensure satisfactory work.
(4)
As-built plans. After completion of all public improvements
and prior to final acceptance of said improvements, the subdivider
shall make or cause to be made a map showing the actual location of
all valves, manholes, stubs, sewers and water mains and such other
facilities as the Village Engineer shall require. This map shall be
in black pencil on tracing paper and shall bear the signature and
seal of a professional engineer registered in Wisconsin. The presentation
of the map shall be a condition of final acceptance of the improvements
and release of the surety bond assuring their completion.
D.
Street, alley and sidewalk improvements. The developer
shall construct streets and sidewalks as outlined on the approved
plans based on the requirements of this Code of Ordinances:
(1)
Grading. With the submittal of the final plat, the
subdivider shall furnish drawings which indicate the existing and
proposed grades of streets and alleys shown on the plat. Proposed
grades will be reviewed by the Village Engineer for conformance with
Village standards and good engineering practice. Street grades require
the approved of the Village Board after receipt of the Village Engineer's
recommendations. After approval of the street grades, the subdivider
shall grade the full width of the right-of-way of the streets and
alleys proposed to be dedicated, including the vision clearance triangle
on corner lots. In cases where an existing street right-of-way is
made a part of the plat or abuts the plat, the subdivider shall grade
that portion of the right-of-way between the existing pavement and
the property line. The bed for the roadways in the street rights-of-way
shall be graded to subgrade elevation. The Village Engineer shall
approve all grading within rights-of-way and said grading shall extend
for a sufficient distance beyond the right-of-way to ensure that the
established grade will be preserved. Where electric and other communications
or utilities facilities are to be installed underground, the utility
easements shall be graded to within six inches of the final grade
by the subdivider prior to the installation of such facilities; earth
fill piles or mounds of dirt or construction materials shall not be
stored on such easement areas.
(2)
Street and sidewalk construction.
(a)
After sanitary sewer, storm sewer and water
utilities have been installed, the subdivider shall construct and
dedicate as part of the subdivision streets, curbs and gutters and
sidewalks, including those adjacent to platted lots in existing street
rights-of-way abutting the plat. The subdivider shall surface roadways
to the widths prescribed by the Village Board on recommendation of
the Plan Commission and the Village Engineer. Construction shall be
to Village standard specifications for street improvements.
(b)
The Village Board shall have the option of not
requiring the construction of sidewalks within street rights-of-way
in cases where it determines, after consultation with the Plan Commission
and the Village Engineer, that sidewalks are not necessary because
of low-density land use and low pedestrian volumes or for access to
schools and bus routes or for continuity of existing sidewalk or bicycle
route systems or because of a cul-de-sac or loop street pattern. Consideration
shall also be given to the pattern of development of adjoining lands
and to the possibility of damage to trees.
(c)
Dedicated walkways shall be improved by the
subdivider to a grade and width approved by the Village Engineer and
with surfacing as required by the Village Board based on the location
and the amount and character of use. The subdivider shall submit standard
drawings indicating the existing and proposed grades.
(3)
Completion of street and sidewalk construction.
(a)
Prior to any building permits being issued on
lands adjacent to streets and/or sidewalks, all street and sidewalk
construction shall be completed by the subdivider, approved by the
Director of Public Works and/or the Village Engineer and accepted
by the Village Board.
(b)
The Director of Public Works and/or the Village
Engineer may issue a waiver of these requirements in unusual or special
circumstances such as excessively severe weather conditions, heavy
construction temporarily in the area or construction material shortages
(i.e., cement or asphalt). The issuance of a waiver shall be at the
discretion of the Director of Public Works and/or the Village Engineer
and shall be based upon the written request of the subdivider.
(c)
The subdivider requesting a waiver shall present
such information and documentation required by the Director of Public
Works. The waiver shall be in written form and shall detail which
improvement requirements are temporarily waived and for what period
of time.
(4)
Curb and gutter. After the installation of all utility
and stormwater drainage improvements, the subdivider shall construct
concrete curbs and gutters in accordance with plans and standard specifications
approved by the Village Board or its designee. Wherever possible,
provision shall be made at the time of construction for driveway access
curb cuts.
E.
Sanitary sewerage system design standards. There shall
be provided a sanitary sewerage system in conformity with the master
plan of sewers as approved by the Village Board and/or sewerage district.
The subdivider shall install adequate sanitary sewer facilities and
connect them to sewer mains subject to specifications and inspection
of the Village Engineer. The subdivider shall pay all the costs of
all sanitary sewer work, including the bringing of the sanitary sewer
from where it exists to the subdivision in question as well as providing
all sanitary sewer work within the subdivision. The cost of providing
and installing sewer pipe of sizes larger or at a greater depth than
required to serve the area shall be borne by the Village, as agreed
upon between the landowner and the Village Board prior to approval
of the preliminary plat or certified survey map, pursuant to this
chapter. The size, type and installation of all sanitary sewers proposed
to be constructed shall be in accordance with plans and standard specifications
approved by the Village.
F.
Water supply system design standards. There shall
be provided a water supply system in conformity with the master plan
of the water system as approved by the Village Board. The subdivider
shall construct water mains in such a manner as to make adequate water
service available to each lot within the subdivision. If municipal
water service is not available, the subdivider shall make provision
for adequate private water systems as specified in applicable ordinances.
The Village may require the installation of water laterals to the
street lot line. The size, type and installation of all public water
mains proposed to be constructed shall be in accordance with plans
and standard specifications approved by the Village.
G.
Stormwater drainage facilities. Pursuant to § 582-11, the subdivider shall provide stormwater drainage facilities which may include curb and gutter, catch basins and inlets, storm sewers, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate the twenty-five-year storm. Storm drainage facilities shall be so designed as to present no hazard to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Engineer. The subdivider shall pay all costs of all storm sewer work, except that the subdivider shall not be required to pay for any storm sewers that are required to bring the storm sewers to the subdivision, nor shall the subdivider be required to install any storm sewers that are more than 18 inches in diameter.
H.
Other utilities. The subdivider shall cause gas, electrical
power and telephone facilities to be installed in such a manner as
to make adequate service available to each lot in the subdivision.
No such electrical or telephone service shall be located on overhead
poles along the front lot lines unless otherwise allowed due to exceptional
topography or other physical barrier. Plans indicating the proposed
location of all gas, electrical power and telephone distribution and
transmission lines required to service the plat shall be approved
by the Village Board and such map shall be filed with the Village
Clerk-Treasurer.
I.
Streetlamps. The subdivider shall install streetlamps
along all streets proposed to be dedicated of a design compatible
with the neighborhood and type of development proposed. Such lamps
shall be placed at each street intersection and at such interior block
spacing as may be required by the Village Board.
J.
Street signs. The subdivider shall install at the
intersections of all streets proposed to be dedicated a street sign
of a design specified by the Village Board.
K.
Material standards. All improvements constructed under
this chapter shall be of the standards, where applicable, established
by the State Department of Transportation's Standard Specifications
for Roads and Bridges. Where the State Department of Transportation's
specifications do not apply, the standards shall be as approved by
the Village Engineer.[1]
L.
Improvements complete prior to approval of final plat.
Improvements within a subdivision which have been completed prior
to application for approval of the final plat or execution of the
contract for installation of the required improvements shall be accepted
as equivalent improvements in compliance with the requirements only
if the Village Engineer shall certify that he is satisfied that the
existing improvements conform to applicable standards.
A.
Utility easements. The Village Board, on the recommendation
of the Plan Commission and other appropriate agencies of the Village,
shall require utility easements for poles, wires, conduits, storm
and sanitary sewers, gas, water and head mains or other utility lines.
It is the interest of this chapter to protect all established easements
so as to assure proper grade, assure maintenance of the established
grade, prohibit construction of permanent fences or retaining walls
over underground installation and prevent the planting of trees in
the easement area.
B.
Drainage easements.
(1)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream:
(a)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section; or
(b)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
assured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(2)
Wherever possible, it is desirable that drainage be
maintained by an open channel with landscaped banks and adequate width
for maximum potential volume flow. In all cases, such watercourse
shall be of a minimum width established at the high-water mark or,
in the absence of such specification, not less than 30 feet.
C.
Easement locations. Such easements shall be at least
12 feet wide and may run across lots or alongside of rear lot lines.
Such easements should preferably be located along rear lot lines.
Evidence shall be furnished the Plan Commission that easements and
any easement provisions to be incorporated in the plat or in deeds
have been reviewed by the individual utility companies or the organization
responsible for furnishing the services involved.
A.
Purpose. The requirements of this section are established
to ensure that adequate parks, open spaces and sites for other public
uses are properly located and preserved as the Village grows. This
section has also been established to ensure that the cost of providing
the park and recreation sites and facilities necessary to serve the
additional people brought into the community by land development may
be equitably apportioned on the basis of the additional needs created
by the development. The requirements shall apply to all lands proposed
for all residential development.
B.
Design. In the design of a subdivision, land division,
planned unit development or development project, provision shall be
made for suitable sites of adequate area for schools, parks, playgrounds,
open spaces, drainageways and other public purposes. Such sites as
are shown on the Official Map, Comprehensive Plan or Parks and Open
Space Plan shall be made a part of the design. Consideration shall
be given to the preservation of scenic and historic sites, stands
of trees, marshes, lakes, ponds, streams, watercourses, watersheds
and ravines and woodland, prairie and wetland plant and animal communities.
C.
Dedication of lands for streets and public ways. Whenever
a tract of land to be subdivided embraces all or any part of an arterial
street, drainageway or other public way which has been designated
in the Comprehensive Plan, Comprehensive Plan component or on the
Official Map of the Village, said public way shall be made a part
of the plat and dedicated or reserved by the subdivider in the locations
and dimensions indicated on said plan or map and as set forth in this
chapter.
D.
Dedication of lands for playgrounds, parks, and public lands. The subdivider shall designate on every new preliminary plat an area of land suitable for playground, park or school purposes and shall dedicate said lands to the public at the rate of one acre for each 25 proposed dwelling units, or the Village Board, upon the recommendation of the Plan Commission, may waive the requirement for dedication of land, except when said dedication involves lands designated in the Comprehensive Plan, Comprehensive Plan component or on the Official Map of the Village. In lieu of dedication, the Village shall levy a public site fee against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in Subsection E.
E.
Fee in lieu of dedication.
(1)
Where, in the discretion of the Village, there is
no land suitable for parks within the proposed subdivision or the
dedication of land would not be compatible with the Village's Comprehensive
Plan or Village officials determine that a cash contribution would
better serve the public interest, the Plan Commission shall recommend
to the Village Board that the subdivider pay a fee in lieu of making
the required land dedication.
(2)
Where a fee in lieu of land system is used, the subdivider
shall pay to the Village a fee equivalent to the fair market value
of one acre for each 25 proposed dwelling units. The fair market value
of such a residential lot shall be determined by the Village Assessor.
(3)
If the amount of land required to be dedicated, other
than for streets and drainageways, as indicated on the Comprehensive
Plan, Comprehensive Plan component or Official Map of the Village
totals less than the ratio of one acre for each 25 proposed dwelling
units, the subdivider shall pay to the Village a fee equivalent to
the fair market value of the amount of land representing the difference
between the amount of land required to be dedicated, other than the
streets and drainageways, as indicated on said plans or maps and the
rate of dedication established herein.
(4)
The Plan Commission may recommend that the subdivider
satisfy the requirements by combining land dedication with fee payments.
The fee in such cases shall be determined by subtracting the fair
market value of the dedicated land from the total fee which would
have been imposed had no land been dedicated by the subdivider. The
fair market value shall be determined by the Village Assessor.
F.
Development of area.
(1)
When park land is dedicated, the subdivider is required
to bring the dedicated land up to the contours established in the
approved street and utility plans, topsoiled with a minimum of four
inches of quality topsoil, seeded as specified by Village officials,
fertilized with a 16-6-6 fertilizer at the rate of seven pounds per
1,000 square feet and mulched as specified in the Standard Specifications
for Road and Bridge Construction, Sections 627 and 629. The topsoil
furnished for the park site shall consist of the natural loam, sandy
loam, silt loam, silty clay loam or clay loam humus-bearing soils
adapted to the sustenance of plant life, and such topsoil shall be
neither excessively acid nor excessively alkaline. Fine grading and
seeding must occur within one year following issuance of the first
building permit within that subdivision unless otherwise authorized
by the Village Board.
(2)
It shall be the duty of the Village to maintain the
dedicated areas, and the owner who dedicated said land shall in no
way be responsible for its maintenance or liability thereon, except
that said owner shall not develop the surrounding area in a manner
which would unduly depreciate the purpose, use or value of the dedicated
property, and except if such owner shall reside on one of the subdivided
parcels, in which case he shall be responsible for the maintenance
of adjacent public property as may be required in other laws of the
Village.
A.
Where, in the judgment of the Village Board, on the
recommendation of the Plan Commission, it would be inappropriate to
apply literally the provisions of this chapter because of the proposed
subdivision being located outside of the corporate limits or because
exceptional or undue hardship would result, the Village Board may
waive or modify any requirements to the extent deemed just and proper.
Application for any such variance shall be made in writing by the
subdivider at the time when the preliminary plat is filed for consideration,
stating fully all facts relied upon by the petitioner, and shall be
supplemented with maps, plans or other additional data which may aid
the Plan Commission in the analysis of the proposed project. The plans
for such development shall include such covenants, restrictions or
other legal provisions necessary to guarantee the full achievement
of the plan.
B.
The Plan Commission shall not recommend nor shall
the Village Board grant variations or exceptions to the regulations
of this chapter unless it shall make findings based upon the evidence
presented to it in each specific case that:
(1)
The granting of the variation will not be detrimental
to the public safety, health or welfare or injurious to other property
or improvements in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation
is based are unique to the property for which the variation is sought
and are not applicable generally 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 the regulations were carried out.
C.
Any recommendations by the Plan Commission shall be
so endorsed by the Secretary and transmitted to the Village Board.
The Village Board, if it approves, shall do so by motion or resolution
and instruct the Village Clerk-Treasurer to notify the Plan Commission
and the owner.
D.
Such relief shall be granted without detriment to
the public good and without impairing the intent and purpose of this
chapter or the desirable general development of the community in accordance
with the Comprehensive Plan or Zoning Code of the Village. A majority
vote of the entire membership of the Village Board shall be required
to grant any modification of this chapter, and the reasons shall be
entered in the minutes of the Board.
E.
The Village Board may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the subdivider execute a surety
bond to insure the placing of such monuments within the time required.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or
the Wisconsin Statutes, and no person shall be issued a building permit
by the Village authorizing the building on, or improvement of, any
subdivision, land division or replat within the jurisdiction of this
chapter not of record as of the effective date of this Code until
the provisions and requirements of this chapter have been fully met.
The Village may institute appropriate action or proceedings to enjoin
violations of this chapter or the applicable Wisconsin Statutes.
B.
Penalties. Any person, firm or corporation who or
which fails to comply with the provisions of this chapter shall, upon
conviction thereof, forfeit not less than $50 nor more than $500 and
the costs of prosecution for each violation and in default of payment
of such forfeiture and costs shall be imprisoned in the county jail
until payment thereof, but not exceeding 30 days. Each day a violation
exists or continues shall constitute a separate offense.
(1)
Recordation improperly made has penalties provided
for in § 236.30, Wis. Stats.
(2)
Conveyance of lots in unrecorded plats has penalties
provided for in § 236.31, Wis. Stats.
(3)
Monuments disturbed or not placed have penalties as
provided for in § 236.32, Wis. Stats.
(4)
An Assessor's plat made under § 70.27, Wis.
Stats., may be ordered by the Village at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Appeals. 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, 14 and 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.
