[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as Title 10, Ch. 5 of the 1988 Code. Amendments noted where
applicable.]
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 Cambria 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 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.
As used in this chapter, the following terms shall have the
meanings indicated:
A public or private right-of-way shown on a plat which provides
secondary access to a lot, block or parcel of land.
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.
A bike route completely apart from a street and restricted
to bicycle, pedestrian and maintenance vehicle traffic.
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 line parallel to a lot line and at a distance from the
lot line so as to comply with the yard and setback requirements of
the Village Zoning Code, or any restriction on the plat which identifies
a line on the plat as a building setback line.
A map intending to create not more than four parcels of land
as provided in § 236.34, Wis. Stats. Certified survey map
shall, in addition to the provisions of § 236.34, Wis. Stats.,
bear a certificate of approval of the Village Board certified by the
Village Clerk/Treasurer.
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 §§ 61.35 and 62.23, Wis. Stats.
The common elements shall consist of all of the condominium,
except individual units and fixtures therein, and shall include, without
limitation, the land on which the building(s) are located; building
exteriors, bearing walls, floors and ceilings (except the interior
unfinished surfaces thereof), which form the outer boundaries of a
unit; roofs; foundations; pipes, ducts, electrical wiring and conduits;
utility services, public utility lines, water and sewer laterals;
outside walls; girders, beams and supports; and the walks, driveways,
porches, patios, outdoor parking areas, landscaping; and all tangible
property required for maintenance of the condominium, even though
owned by an association.
A plan depicting the entire area of contiguous real estate
under the control and/or ownership of the developer, which area of
land the developer intends to develop in stages, with a separate final
plat or CSM for every stage. The CDP shall depict, in sufficient detail
as required by this chapter, the end result of the development once
all stages are complete.
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 amendments to such plan or parts thereof.
A real estate development which is subject to a condominium
form of ownership, pursuant to Ch. 703, Wis. Stats.
Merging two or more parcels into a single parcel.
Where the title or a part of the title to an interest in
real estate is transferred by the execution and delivery of a land
contract, option to purchase, offer to purchase and acceptance, deed
or other document of conveyance.
A true and accurate copy of all sheets of the original plat
or CSM. Such copies shall be on durable, white, matte-finished paper
with legible dark lines and lettering.
A short street having one end open to traffic and the other
end being permanently terminated in a vehicular turnaround.
A street permanently or temporarily closed at one end, with
or without turnarounds.
A division of a lot, parcel or tract of land, or replat of
land by the owner or the owner's agent for any purpose including
sale or development.
An open area of land, either in an easement or dedicated
right-of-way, the primary purpose of which is to carry stormwater
on the ground surface in lieu of an enclosed storm sewer. A drainageway
may serve multiple purposes in addition to its principal use, including
but not limited to maintenance, bicycle and pedestrian traffic, sanitary
sewers, water mains, storm sewers, stormwater detention, park development
and other related uses.
The area of land set aside or over or through which a privilege,
use or advantage in land, distinct from ownership of the land, is
granted to the public or any part thereof or some particular person.
The unincorporated area within 1 1/2 miles of a fourth
class city or a Village and within three miles of all other cities
(hereinafter "extraterritorial jurisdiction").
The final map, drawing or chart on which the Subdividers
plan of subdivision or condominium development is presented for approval
and which, if approved, will be submitted to the county register of
deeds for recording.
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.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A plan prepared by the subdivider and presented during the
preapplication procedure. The plan should depict the proposed development
in sufficient detail so as to further understanding and discussion
between the subdivider and the Plan Commission during the preapplication
procedure.
A parcel of land, having frontage on a public street or other
officially approved means of access, intended for building development
or as a unit for transfer of ownership 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 and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as here defined.
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 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 street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways, and other highways and parkways as well as arterial streets.
A street used, or intended to be used, primarily for access
to abutting properties; also referred to as a "local street."
A map indicating the location, width and extent of existing
and proposed streets, highways, drainageways, parks, playgrounds,
and other facilities, as adopted by the Village Board pursuant to
Ch. 62, Wis. Stats.
A parcel of land, other than a lot, so designated on a plat
or certified survey and which is not intended for building or structure
development in the proposed land division, except structures relating
to the provisions of public utility and/or recreation services.
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 any other legal entity or a
combination of any of the foregoing.
Contiguous lands under the control of a subdivider, whether
or not separated by a combination of streets, exterior subdivision
boundary lines, streams or other water bodies.
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.
Includes the plural as well as the singular and may mean
any individual, firm, association, syndicate, partnership, corporation,
trust or any other legal entity.
Where the subdivider intends to develop an area of real estate
owned or controlled by the subdivider in separate stages involving
individual plats or CSMs per stage.
A form of development usually characterized by a unified
site design for a number of housing units. The concept usually involves
clustering of buildings, providing common open space, and mixing different
types of housing (single-family, duplexes, and multifamily). Ordinances
permitting planned unit developments permit planning a project and
calculating densities for the entire development rather than on an
individual lot-by-lot basis. It is hereby declared that regulating
planned unit developments requires greater involvement of public officials
in site plan review and development aspects of both zoning and land
division regulation since such developments require exceptions from
both types of regulation.
The map, drawing or chart on which the subdivider's
plan of subdivision or plan of condominium development is presented
to the Village for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision or condominium development to be
submitted to the Plan Commission for its consideration as to compliance
with the Comprehensive Plan and Village ordinances, along with required
supporting data.
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293,
Wis. Stats., which constitute a restriction on the use of real estate
within a land division for the benefit of the public or property owners
or others.
An addition made to real estate intended to enhance its value,
beauty or utility or to adapt it for new or future purposes. Public
improvements include, but are not limited to, streets, sidewalks,
sewers and utilities.
The act of recording of the preliminary plat, final plat,
CSM or CDP with the Columbia County Register of Deeds.
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.
A public way dedicated to the public for its intended use.
Those lands within 500 feet, horizontally, from the high-water
elevation of navigable lakes, ponds and flowages.
A public way for pedestrians and vehicular traffic and utility
access, including but not limited to highways, thoroughfares, parkways,
through highways, roads, avenues, boulevards, lanes, places and courts,
and any pavements, turf, fixtures, facilities, structures, plantings,
signs and other elements of the right-of-way.
Anything constructed or erected the use of which requires
more or less permanent location on the ground or attached to something
having permanent location on the ground, excepting public utility
fixtures and appurtenances.
Any person or entity of any sort which divides or proposes
to divide, by plat, certified survey or replat land in any manner
including such heirs and assigns as may be responsible for the obligations
of the subdivider under the provisions of this chapter. In those sections
that apply to condominiums, the term "subdivider" shall include condominium
developers.
A division of a lot, parcel, or tract of land by the owner
thereof, or the owner's agent, for the purpose of sale or of
building development where:
That portion of the Village and that area within its extraterritorial
jurisdiction which has been designated by the Village Board (or other
governmental body having appropriate jurisdiction thereof) as the
area to which services required in urban areas shall be provided in
a planned and orderly process, particularly those facilities which
are placed on or in the land as part of the urban development process.
Such services include but are not limited to public sanitary and storm
sewers, water supply and distribution system, and streets and highways.
As used throughout this chapter, refers to the Village of
Cambria. The Village of Cambria is a municipal corporation organized
under the laws of Wisconsin with a defined territory and the power
to regulate the local or internal affairs of its territory. "Village"
may be used to refer to a defined territory or the body politic.
The term "zero lot line" or "zero lot line parcel" shall
refer to a parcel that has been subdivided into two lots with a two-unit
dwelling located on the parcel such that there is a common sidewall
between the two units that is congruent or coincidental with the side
lot line created by the subdivision.
A.
Compliance. No person shall divide any land located
within the jurisdictional limits of this chapter 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.
(2)
The rules of the Department of Commerce contained
in Ch. Comm 83, Wis. Adm. Code, for subdivisions not served by public
sewer.
(3)
The rules of the Division of Highways, Wisconsin Department
of Transportation, contained in Ch. Trans 233, Wis. Adm. Code, for
subdivisions which abut a state trunk highway or connecting street.
(4)
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for 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 this chapter 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.
E.
Warning and disclaimer of liability. The degree of
protection provided by this chapter is considered reasonable for regulatory
purposes only and is based on engineering experience and study. This
chapter, however, does not imply that land division permitted by this
chapter will be totally free of problems nor shall this chapter create
a liability on the part of or because of action against the Village
or any office or employee thereof for any problems that may result
from reliance on this chapter.
F.
Unsuitable topography. No land shall be subdivided
or split which is held unsuitable for the proposed use by the Village
Board for reason of flooding, inadequate drainage, rock formation,
unfavorable topography, inadequate sewage disposal capabilities, or
any other factor likely to be harmful to the health, safety or welfare
of the future residents of the subdivision. The Village Board in applying
the provisions of this subsection shall, in writing, indicate the
particular facts upon which is based its conclusion that the land
is not suitable for development and afford the subdivider an opportunity
to present evidence regarding such suitability, if he so desires at
a public hearing called by the Board. Thereafter, the Village Board
may affirm, modify or withdraw its determination of unsuitability.
G.
Compliance with Official Map. The subdivision layout
shall conform with the Official Map of the Village; however, where
necessary and practical, a variance from the exact design shown on
the Official Map may be permitted, if such variance is not detrimental
to the public interest, the intent of this chapter or the integrity
of the Official Map.
H.
Condominium developments.[2]
(1)
Applicability to condominiums.
(a)
General rule. Pursuant to § 703.27(1), Wis. Stats.,
this chapter is made expressly applicable to condominium developments
within the Village's jurisdiction. For purposes of this chapter,
a condominium unit and any associated limited or general common elements
shall be deemed to be equivalent to a lot or parcel created by the
act of subdivision.
(b)
Certain condominiums excluded from general rule. The provisions
of this chapter shall not apply to:
[1]
A single principal building located on a single lot or parcel
which is in compliance with the current zoning and land use ordinances
and which is subsequently transformed into a condominium without resulting
in a land division.
[2]
A condominium consisting of a single principal building which
is constructed after adoption of this subsection, is situated on a
single lot or parcel, and which does not involve a division of land.
[3]
Condominiums that exist as of the date of enactment of this
subsection, except to the extent such condominiums are expandable
pursuant to § 703.26, Wis. Stats., in which event, the expansion
is subject to the provisions of this subsection.
(2)
Purpose.
(a)
The Village Board finds that certain issues arise in condominium
developments that require limited applicability of this chapter. The
State Legislature has recognized that subdivision ordinances may apply
to condominiums but that subdivision ordinances shall not impose requirements
upon condominiums that are different from those imposed on other property
that is physically identical but under a different form of ownership.
(b)
This chapter applies to condominium developments since condominiums
involve the creation of multiple, distinct property entities or units
at or near the ground surface, subject to property taxation as separate
parcels, each of which may have different ownership and management.
The Village Board determines that this makes a condominium development
dissimilar, both physically and in ownership, from developments in
which the land and improvements are under unitary ownership, management
and control.
(c)
The Village Board finds that condominium developments can place
impacts on community resources in the same manner as other new developments
which are characterized by the division of land into lots. These impacts
include:
(d)
A condominium development plat shall be procedurally treated
as a CSM for purposes of the portions of this chapter applicable to
condominium developments.
(3)
(4)
Additional requirements applicable to condominium developments. Proposed condominium developments shall include the following provisions in addition to those specified in Subsection H(3):
(a)
Condominium developments consisting of even-numbered unit members
must include a mandatory third-party arbitration provision for conflict
resolution.
(b)
Condominium declarations shall include a voluntary termination
provision that requires Cambria Village Board consent prior to termination.
(c)
All condominium developments shall include a provision for the
establishment of a mandatory escrow account with sufficient funding
for purposes of maintenance, repair and/or replacement of common elements.
(d)
All condominium developments shall establish a declaration of
easements, restrictions, covenants and conditions for operation and
maintenance of said units, which shall be approved by the Village
Board and recorded with the County Register of Deeds.
I.
Preapplication procedure.[3]
(1)
Conference with Plan Commission. Before submitting the original preliminary
plat or CSM to the Department of Administration and before filing
an application for approval of a preliminary plat or CSM with the
Village Clerk/Treasurer, the subdivider shall confer with the Plan
Commission. The purposes of this preapplication conference are to
allow the subdivider to describe the proposed division of land in
general terms; to allow the Plan Commission to inform the subdivider
of the purposes, objectives, and requirements of this chapter and
of the components of the Village's Comprehensive Plan; to identify,
at the earliest possible time, whether or not the division of land
may involve a phased project; to identify any problems or potential
adverse impacts that will need to be addressed in the planning and
approval process; and to otherwise assist the subdivider and the Village
in making sound land division decisions.
(2)
Location map. At least 14 days prior to the initial conference with
the Plan Commission, the subdivider shall provide to the Village Clerk/Treasurer
a location map, which includes the following information:
(a)
Public street layout, existing and proposed;
(b)
Lot or parcel layout, existing and proposed;
(c)
Zoning, existing and proposed;
(d)
Lands reserved or dedicated for streets, parks, playgrounds,
schools and other public purposes, existing or proposed; and
(e)
Any other information the subdivider believes will be helpful
in conducting the preapplication conference.
(3)
Phased projects. The preapplication conference shall address the
potential or likelihood of a phased project. The subdivider shall
inform the Plan Commission if he/she is planning, contemplating, or
if there is a possibility of the land division involving a phased
project. Any land division involving a phased project shall be subject
to the roles and procedures delineated by this chapter, the Village
Board and/or Plan Commission.
A.
Preliminary meetings. Before filing a preliminary
plat or certified survey, the subdivider is encouraged to consult
with the Village Board and/or its consulting staff for advice regarding
general requirements affecting the proposed development. A sketch
of the proposed subdivision drawn on a topographic survey map should
be submitted. 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 this chapter, 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 Village Board 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.[1]
B.
Preliminary plat review within the Village.
(1)
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 § 405-7, and the subdivider shall file an adequate number of copies of the plat and the application with the Village Clerk/Treasurer at least 10 days prior to the meeting of the Village Board at which action is desired.
(2)
The Village Clerk/Treasurer shall, within two days
after filing, transmit a copy to the county planning agency; two copies
to the 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 Village Board. 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."
(3)
The Village Board shall transmit a copy of the preliminary
plat to all affected boards, commissions or departments and all affected
local utility companies for their review and recommendations concerning
matters within their jurisdiction. Their recommendations shall be
transmitted to the Board within 10 days from the date the plat is
filed. The preliminary plat shall then be reviewed by the Board for
conformance with this chapter and all ordinances, rules, regulations,
Comprehensive Plan and Comprehensive Plan components which affect
it.
C.
Preliminary plat approval within the Village.
(1)
The objecting agencies shall, within 20 days of the
date of receiving their copies of the preliminary plat, 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 Village Board.
If an objecting agency fails to act within 20 days, and the Department
of Administration fails to act within 30 days of receipt of the original
plat, it shall be deemed to have no objection to the plat.[2]
(2)
Within 90 days of the filing of the preliminary plat,
the Village Board shall grant approval, grant conditional approval
with explanation, or reject the plat, giving the reasons or conditions
for such approval or rejection, unless the time is extended by agreement
with the subdivider. Failure of the Village Board to act within the
90 days or extension thereof constitutes approval of the preliminary
plat.
(3)
If the final plat conforms substantially to the preliminary
plat as approved, including any conditions of that approval, and to
local plans and ordinances adopted as authorized by law, it is entitled
to approval. If, however, the final plat is not submitted within 24
months of the last required approval of the preliminary plat, the
Village Board may refuse to approve the final plat. The final plat
may, if permitted by the Village Board, constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at that time.[3]
D.
Improvement and engineering plans. Prior to submission
of a final plat, the subdivider shall have provided three copies of
the improvement plans, profiles and other necessary engineering detail
for streets, sanitary sewage system, stormwater drainage system, water
distribution system, and other improvements prepared by a registered
professional engineer in accordance with the requirements of this
chapter. Plans and profiles for sanitary and storm sewers shall be
at a scale of not less than one inch equals 40 feet. The improvement
plans shall conform to the preliminary plat and the specifications
of this chapter. If the plans are satisfactory, the Clerk/Treasurer
shall transmit one copy to the subdivider with a notation of approval
placed on the plans; if unsatisfactory, the Clerk/Treasurer shall
notify the subdivider of the modifications required or the reason
for disapproval.
E.
Final plat review within the Village.
(1)
The subdivider shall prepare a final plat and a letter
of application in accordance with this chapter and shall file an adequate
number of copies of the plat and the application with the Village
Clerk/Treasurer at least 10 days prior to the meeting of the Village
Board at which action is desired.
(2)
The Village Clerk/Treasurer shall, within two days
after filing, transmit two copies to the county planning agency; two
copies to the 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 Village Board. The county planning
agency, the Wisconsin Department of Local Affairs and Development,
the Wisconsin Department of Transportation, and the Wisconsin Department
of Commerce shall be hereinafter referred to as "objecting agencies."
F.
Final plat approval within the Village.
(1)
The objecting agencies shall, within 20 days of the
date of receiving their copies of the final plat, 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 Village Board.
If an objecting agency fails to act within 20 days, and the Department
of Administration fails to act within 30 days of receipt of the original
plat, it shall be deemed to have no objection to the plat.[4]
(3)
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 the copies were forwarded to
objecting agencies as required herein, the date thereof, and that
no objections have been filed within 20 days or, if filed, have been
met.
(4)
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.
(5)
Recordation. After the final plat has been approved
by the Village Board and required improvements either installed or
a contract and sureties ensuring 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.[6]
(6)
Copies. 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.
Partial platting. The final plat may, if permitted
by the Plan Commission and Village Board, constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at the time. Approval of a final plat for only a portion of
the preliminary plat for one year from the date of such final plat
approval.
H.
Plats within the extraterritorial plat approval jurisdiction. When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the Village, the subdivider shall proceed as specified in Subsections A through G, except:
(1)
Transmittal responsibility lies with the Village Clerk/Treasurer,
town clerk or county planning agency to whomever the plat is first
submitted; and the subdivider shall indicate which one in his application.
(3)
Subdivider may proceed with the installation of such
improvements and under such regulations as the town board of the town
within whose limits the plat lies may require. Wherever connection
to any Village utility is desired, permission for such connection
shall be approved by the Village Board.
(4)
All improvement requirements specified by the town
board or any special improvement district in matters over which they
have jurisdiction shall be met before filing of the final plat.
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 plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in Subsections A through H of § 405-4.
B.
The Village Clerk/Treasurer shall schedule a public
hearing before the Village Board 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.
(1)
When it is proposed to divide land into not more than
four parcels or building sites, the subdivider may subdivide by use
of a certified survey map (CSM).
(2)
To the extent reasonably practicable, the minor land
division shall comply with the provisions of this chapter relating
to general requirements and design standards and required improvements.
All required improvements shall be designed, furnished and installed
at the expense of the applicant before a certified survey map will
be considered for approval or, in lieu of construction, a surety bond,
certified check, escrow account, or other financial assurance may
be provided in accordance with this chapter.
(3)
The survey shall be performed and the map prepared
by a land surveyor registered in the state.
(4)
All corners shall be monumented in accordance with
§ 236.15(1)(c) and (d), Wis. Stats.
B.
Letter of intent. The subdivider shall submit to the
Village Clerk/Treasurer a letter of intent. The letter of intent shall
specify:
C.
Consolidations are required to be submitted under
a certified survey map (CSM).
E.
Floodplain areas. The Commission may require that
two-foot contour maps prepared by a registered surveyor or engineer
be the basis of the sketch in floodplain areas. In addition, the information
required above will also be required.
F.
Proposed layout. The Village Board may require a proposed
subdivision layout of all or part of the contiguously owned land even
though division is not planned at the time.
G.
Additional information. The Village Board may grant
tentative approval based on individual lot percolation tests and soil
borings prior to tentative approval where limiting conditions are
suspected.
H.
Tentative approval. The Village Board may grant tentative
approval based on the letter of intent and sketch map pending submission
of the certified survey map. Tentative approval shall assure final
approval if the certified survey submitted within the six months is
substantially the same plan and all requirements for division are
met.
I.
Certified survey. The subdivider shall cause a certified survey map to be prepared in accordance with § 405-9 of this chapter 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 Village Board for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans, and comprehensive plan components which affect it. The Board shall approve, approve conditionally, or reject such map within 90 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. If the map is approved, the Commission shall cause the Village Clerk/Treasurer to so certify on the face of a copy of the map and return it to the submitter.[2]
J.
Recordation. This certified survey map shall be filed
by the divider, subdivider or owner for record with the County Register
of Deeds, and a copy of said map shall be filed with the Village Clerk/Treasurer.
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 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 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 drain pipes, the location of
manholes, catchbasins, hydrants, 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.
(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 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 bench marks shall be
located in the immediate vicinity of the plat; the location of the
bench marks shall be indicated on the plat, together with their elevations
referenced to Mean sea level datum and the monumentation of the bench
marks clearly and completely described. Where in the judgment of the
Board 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.
(13)
Soil types and their boundaries, as shown on
the operational soil survey maps prepared by the U.S. Department of
Agriculture, Natural Resources Conservation Service.
(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-ways 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.
(22)
Where the Board 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.
C.
Soil and water conservation.
(1)
Erosion control. The Village Board, upon determining
from a review of the preliminary plat that the soil, slope, vegetation
and drainage characteristics of the site are such as to require substantial
cutting, clearing, grading and other earthmoving operations in the
development of the subdivision or otherwise entail a severe erosion
hazard, may require the subdivider to provide soil erosion and sedimentation
control plans and specifications.
(2)
Tree cutting. Tree cutting and shrubbery clearing
shall not exceed 30% of the lot or tract and shall be so conducted
as to prevent erosion and sedimentation; preserve the improve scenic
qualities; and during foliation, substantially screen any development
from stream or lake users.
(3)
Paths and trails. Paths and trails shall not exceed
10 feet in width and shall be so designed and constructed as to result
in the least removal and disruption of trees and shrubs and the minimum
impairment of natural beauty.
(4)
Earth movements. Earth movements, such as grading,
topsoil removal, mineral extraction, stream course changing, road
cutting, waterway construction or enlargement, removal of stream or
lake bed materials, excavation, channel clearing, ditching, drain
tile laying, dredging and lagooning, shall be so conducted as to prevent
erosion and sedimentation and to least disturb the natural fauna,
flora, watercourse, water regimen and topography.
(5)
Review. Review of such cutting, clearing and movement
may be requested of the county soil and water conservation district
supervisors, the state area fish and game managers, and the state
area forester by the Board as it deems appropriate.
D.
Street plans and profiles. The Village Board may require
that the subdivider provide street plans and profiles showing existing
ground surface, proposed and established street grades, including
extensions for a reasonable distance beyond the limits of the proposed
subdivision when requested. All elevations shall be based upon the
same datum as above, and plans and profiles shall meet the approval
of the Plan Commission.
E.
Covenants. The Village Board may require submission
of a draft of protective covenants whereby the subdivider intends
to regulate land use in the proposed subdivision and otherwise protect
the proposed development.
F.
Affidavit. The surveyor preparing the preliminary
plat shall certify on the face of the plat that is a correct representation
of all existing land divisions and features and that he has fully
complied with the provisions of this chapter.
A.
General. A final plat prepared by a registered land
surveyor shall be required for all subdivisions. It shall comply in
all respects with the requirements of § 236.20, Wis. Stats.
B.
Additional information. The plat shall show correctly
on its face, in addition to the information required by § 236.20,
Wis. Stats., the following:
(1)
Exact street width along the line of any obliquely
intersecting street.
(2)
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, a vertical distance of two feet above the elevation
of the maximum flood of record.
(3)
Location of individual lot soil boring and percolation
tests as required by Ch. Comm 83, Wis. Adm. Code, for all lots not
served by public sewer. The results of the tests shall be submitted
with the plat.
(4)
Railroad rights-of-way within and abutting the plat.
(5)
Setbacks or building lines required by any approving
or reviewing agency.
(6)
All lands reserved for future public acquisition or
reserved for the common use of property owners within the plat. If
property reserved for common use is located within the subdivision,
provisions and plans for its use and maintenance shall be submitted
with the plat.
(7)
Special restrictions required by the Village Board
and other approving or objecting agency relating to access control
along public ways, the provision of planting strips, or shorelands
or floodlands.
(8)
Where the Board finds that it requires additional
information relative to a particular problem presented by a proposed
development to review the final plat, it shall have the authority
to request in writing such information from the subdivider.
C.
Deed restrictions. The Village Board may require the
deed restrictions be filed with the final plat.
D.
Survey accuracy. A qualified person shall examine
all final plats within the Village's jurisdiction and make field checks
for the accuracy and closure of survey, proper kind and location of
monuments and legibility and completeness of the drawing.
E.
Surveying and monumenting. All final plats shall meet
all the surveying and monumenting requirements of § 236.15,
Wis. Stats.
F.
State plane coordinate system. Where the plat is located
within a quarter section, the corners of which have been relocated,
monumented and coordinated by the Village, the plat shall be tied
directly to one of the section or quarter corners so relocated, monumented
and coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinates of the monument marking the relocated section
or quarter corner to which the plat is tied shall be indicated on
the plat. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Village's control
survey.
G.
Certificates. All final plats shall provide all the
certificates required by § 236.21, Wis. Stats., and, in
addition, the surveyor shall certify that he has fully complied with
all the provisions of this chapter.
A.
General. A certified survey map prepared by a registered land surveyor shall be required for all minor subdivisions. It shall comply in all respects with the requirements of § 236.34, Wis. Stats., and § 405-6 of this chapter. The minor subdivision shall be excepted from the improvements requirements set forth in § 405-16 of this chapter but shall comply with the design standards set forth in §§ 405-10 through 405-15 of this chapter.
B.
Additional information. The map shall show correctly
on its face, in addition to the information required by § 236.34,
Wis. Stats., the following:
(1)
Date of map.
(2)
Graphic scale.
(3)
Name and address of the owner, subdivider and surveyor.
(4)
All existing buildings, watercourses, drainage ditches
and other features pertinent to proper division.
(5)
Names of adjoining streets, highways, parkways, cemeteries,
subdivisions, ponds, streams, lakes, flowages and wetlands.
(6)
Acreage included in each parcel.
(7)
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 date
is not available, a vertical distance of two feet above the elevation
of the maximum flood of record.
(8)
Location of individual lot soil boring and percolation
tests, as required by Ch. Comm 83, Wis. Adm. Code, for all lots not
served by public sewer. The results of the tests shall be submitted
with the map.
(9)
Setbacks or building lines required by any approving
or reviewing agency.
(10)
All lands reserved for future public acquisition.
(11)
Where the Board finds that it requires additional
information relative to a particular problem presented by a proposed
development to review the certified survey map, it shall have the
authority to request in writing such information from the subdivider
as information on shoreline and bottom characteristics.
C.
State plane coordinate system. Where the map is located
within a quarter section, the corners of which have been relocated,
monumented and coordinated by the Village, the map shall be tied directly
to one of the section or quarter corners so relocated, monumented
and coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinate of the monument marking the relocated section
or quarter corner to which the map is tied shall be indicated on the
map. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Village's control
survey.
D.
Certificates. The surveyor shall certify on the face
of the map that he has fully complied with all the provisions of this
chapter. The Board, after a recommendation by the reviewing agencies,
shall certify its approval on the face of the map.
E.
Recordation. The certified survey map shall only be
recorded with the County Register of Deeds after the certificates
of the Village Board and the surveyor are placed on the face of the
map.
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 the Code section are different from the requirements of Chapter
236, the more restrictive provision shall apply.
B.
Dedication. The subdivider shall dedicate land and
improve streets as provided herein. 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 Official Map/plan. The arrangement,
character, extent, width, grade and location of all streets shall
conform to all applicable plans officially adopted by the Village
Board and shall be contiguous in alignment with existing or platted
streets to which they will connect.
E.
Area not covered by Official Map. In areas not covered
by the Official Map, the layout of streets shall conform to the plan
for 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 classification. Streets shall be classified
as indicated below.
(1)
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.
(2)
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.
(3)
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.
(4)
Reserve strips. Reserve strips shall not be provided
on any plat to control access to streets or alley, except where control
of such strips is placed with the Village under conditions approved
by the Village Board.
(5)
Alleys. Alleys shall be provided in commercial and
industrial districts for off-street loading and service access but
shall not be approved in residential districts. Dead-end alleys shall
not be approved and alleys shall not connect to a major thoroughfare.
(6)
Arterial streets. Arterial streets shall be arranged
so as to provide ready access to centers of employment, centers of
governmental activity, community shopping areas, community recreation,
and points beyond the boundaries of the community. They shall also
be properly integrated with and related to the existing and proposed
system of major streets and highways and shall be, insofar as practical,
continuous and in alignment with existing or planned streets with
which they are to connect.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village 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 Village Board,
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
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 reversed frontage, with screen planting contained in a nonaccess
reservation along the rear property line or by the use of frontage
streets.
M.
Tangents. A tangent at least 100 feet long shall be
required between reverse curves on arterial and collector streets.
N.
Visibility. Streets shall afford maximum visibility
and safety and shall intersect at right angles, where practicable.
O.
Street grades.
(1)
(2)
Street grades shall be established wherever practicable
so as to avoid excessive grading, the promiscuous removal of ground
cover and tree growth, and general leveling of the topography. All
changes in street grades shall be connected by vertical curves of
a minimum length equivalent in feet to 15 times the algebraic difference
in the rates of grade for major streets, and 1/2 this minimum for
all other streets.
P.
Radii of curvature. When a continuous street center
line deflects at any one point by more than 10°, a circular curve
shall be introduced having a radius of curvature on said center line
of not less than the following:
Q.
Vertical curves. All changes in street grades shall
be connected by vertical curves of a minimum length in feet equivalent
to 30 times the algebraic difference in grade for major thoroughfares
and 20 times this algebraic difference for all other streets.
R.
Half streets. Where a half street is adjacent to the
subdivision, the other half street shall be dedicated by the subdivider.
The platting of half streets should be avoided where possible.
S.
Street intersections.
(1)
Wherever possible, streets shall intersect at right
angles with no street intersecting any other at an angle of less than
60° and, where they cross-jog, offsets of less than 130 feet center
line shall be avoided.
(2)
Number of streets converging at one intersection shall
be reduced to a minimum, preferably not more than two.
(3)
Number of intersections along major streets and highways
shall be held to a minimum. Wherever practicable, the distance between
such intersections shall not be less than 1,200 feet.
(4)
Property lines at street intersections shall be rounded
with a minimum radius of 15 feet or of a greater radius when required
by the Village Board or shall be cut off by a straight line through
the points of tangency of an arc having a radius of 15 feet.
(5)
Minor streets shall not necessarily continue across
arterial or collector streets, but if the center lines of such minor
streets approach the major streets from opposite sides within 300
feet of each other, measured along the center line of the arterial
or collector street, then the location shall be so adjusted that the
adjoinment across the major or collector street is continuous and
a jog is avoided.
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 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 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.
(5)
Sales of land abutting on private way. No person shall
sell any parcel of land of five acres or less in size if it abuts
on a road which has not been accepted as a public road unless the
seller informs the purchaser, in writing, of the fact that the road
is not a public road and is not required to be maintained by town,
county or Village.
U.
Street names. New street names shall not duplicate
the names of streets in existence, and those 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
Village Board.[1]
V.
Street design standards.
(1)
The minimum right-of-way and roadway width of all
proposed streets and alleys shall be as specified by the Comprehensive
Plan, Comprehensive Plan component, Official Map or neighborhood development
study or, if no width is specified therein, the minimum widths shall
be as follows:
|
Street Type
|
Minimum Width
(feet)
| |
|---|---|---|
|
Arterial
|
100
| |
|
Collector
|
80
| |
|
Local or minor
|
60
|
(2)
Both urban and rural street sections are for standard
arterial streets only. Cross sections for freeways, expressways and
parkways should be based upon detailed engineering studies. The Village
Board may require the subdivider to conform to urban section standards
if the average lot width in the proposed subdivision is less than
150 feet (measured at the street setback line). If the average lot
width is in excess of 150 feet, the subdivider may conform to the
rural street section standards.
(3)
Culs-de-sac. Cul-de-sac streets designed to have one
end permanently closed shall not exceed 500 feet in length. All cul-de-sac
streets designed to have one end permanently closed shall terminate
in a circular turnaround having a minimum right-of-way radius of 60
feet and a minimum inside curb radius of 40 feet.
(4)
Temporary dead-ends or culs-de-sac. All temporary
dead ends shall have a maximum length of 800 feet and a temporary
cul-de-sac shall have a minimum right-of-way radius of 50 feet and
a minimum inside curb radius of 40 feet.
W.
Visibility. Clear visibility, measured along the center
line, shall not be less than specified as follows:
|
Street Type
|
Minimum Sight Distance
(feet)
| |
|---|---|---|
|
Arterial
|
500
| |
|
Collector
|
250
| |
|
Local or minor
|
200
|
A.
Length. 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 1,350 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 600 feet in length.
B.
Width. Blocks shall have sufficient width to provide
for two tiers of lots of appropriate depth except where otherwise
required to separate residential development from through traffic.
Width of lots or parcels reserved or laid out for commercial or industrial
use shall be adequate to provide for off-street service and parking
required by the use contemplated and the area zoning restrictions
for such use.
C.
Pedestrian pathways. Pedestrian pathways, not less
than 10 feet wide, shall be required by the Village Board 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.
D.
Trees. The Village Board may require that certain
species of trees be planted on both sides of all streets.
A.
Size, shape and orientation of lots shall be appropriate
for the location of the subdivision and for the type of development
contemplated, provided that no residential lot shall be smaller in
area than the minimum lot size for the appropriate zone as established
by the Zoning Code.[1]
B.
Area and dimensions of lots shall conform to the requirements
of the zoning ordinance and, in areas not served by sewer, shall in
addition conform to the requirements of the State Department of Commerce
and the County Sanitary Ordinance. Whenever a tract is subdivided
into large parcels, such parcels shall be arranged and dimensioned
as to allow resubdivision of any such parcels into normal lots in
accordance with the provisions of this chapter.
C.
Lots shall have a minimum average depth of 100 feet.
Excessive depth in relation to width shall be avoided, and a proportion
of 2:1 shall be considered a desirable ratio under normal conditions.
Depth of lots or parcels reserved or laid out for commercial or industrial
use shall be adequate to provide for off-street service and parking
required by the use contemplated and the area zoning restrictions
for such use.
D.
Residential lots fronting on major streets and highways
shall be platted with extra depth or designed to alleviate the effect
of major street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width
of 10 feet to permit building setback from both streets.
F.
Every lot shall abut or face a public street for a
distance of at least 30 feet at the property line on a public street.
G.
Butt lots will be permitted by the Village Board only
in exceptional cases.
H.
Side lot lines shall be substantially at right angles
to or radial to abutting curved street lines. Lot lines shall follow
municipal boundary lines rather than cross them.
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.
Width of lots shall conform to the requirements of
the zoning ordinance, and in no case shall a lot be less than 60 feet
in width at the building setback line.
L.
Lands lying between the meander line, established
in accordance with § 236.20(2)(g), Wis. Stats., and the
water's edge, and any otherwise unplatted lands which lie between
a proposed subdivision and the water's edge shall be included as parts
of lots, outlots or public dedications in any plat abutting a lake
or stream. This requirement applies not only to lands proposed to
be subdivided but also to all lands under option to the subdivider
or in which he holds any interest and which are contiguous to the
lands proposed to be subdivided and which abut a lake or stream as
provided in § 236.16(4), Wis. Stats.
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. The final
plat shall show drainage arrows along lot lines indicating the direction
of water flow.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village Engineer
and Village Board 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:
(a)
Estimates of the quantity of stormwater entering
the subdivision naturally from areas outside the subdivision.
(b)
Quantities of flow at each inlet or culvert.
(c)
Location, sizes and grades of required culverts,
storm drainage sewers and other required appurtenances.
(d)
Stormwater estimates shall be based on a ten-year
storm.
(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.
(5)
All disturbed areas shall be protected from erosion
as directed and approved by the Village Engineer and pursuant to applicable
Village ordinances.
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.
(3)
Lot grading shall be completed so that water drains
away from each proposed building at a minimum grade of 2%, and provisions
shall be made to prevent excessive drainage onto adjacent properties.
(4)
The topsoil stripped by grading shall not be removed
from the site and shall be uniformly spread over the lots when rough
grading is finished.
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 to the Village to provide for 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 proposed subdivisions, the Village
or its duly authorized representative shall require, as a prerequisite
to approval of a final plat, assurances that such improvement extension
shall be provided as follows:
(1)
Extensions of utilities onto the property involved
shall be adequate to serve 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 this chapter as well as such additional standards required by the
Village and shall conform to the proposed land use standards established
in the Comprehensive Plan, Official Map, and Zoning Ordinance.
B.
Standards. In addition to the principles and standards
in this chapter, 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 strip 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.
Improvements completed. All improvements required under this chapter shall be constructed in accordance with its provisions prior to filing the final plat with the Village Clerk/Treasurer for approval by the Village Board. In lieu of construction of any of the public improvements, the owner may furnish a surety bond as provided in Subsection B of this section.
B.
Financing. Before a final plat is approved by the
Village Board, the subdivider shall submit an agreement and performance
bond or cash escrow agreement. The subdivider/Village agreement shall
contain the following:
(1)
The subdivider shall pay for the cost of all improvements
required in the subdivision by the Village Board.
(2)
Guaranteed completion of the required improvements
within a two-year period.
(3)
Payment by the subdivider for all costs incurred by
the Village for review and inspection. 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.
(4)
The Village may elect to install any of the required
improvements under the terms of a cash escrow agreement.
(5)
The performance bond or cash escrow agreement shall
be equal to 1 1/4 times the Engineer's estimated cost of the
required improvements.
(6)
If the required improvements are not complete within
the two-year period, all amounts held under the escrow agreement or
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.
(7)
Cost estimates of all improvements.
(8)
Any other items as may be required by the Village
Board.
C.
Survey monuments. The subdivider shall install survey
monuments placed in accordance with the requirements of § 236.15,
Wis. Stats.
D.
Grading.
(1)
Cut and filled lands shall be graded by the subdivider
to a maximum slope of one on four or the soil's angle of repose, whichever
is the lesser, and covered with permanent vegetation.
(2)
Where electric and communications facilities are to
be installed underground, the utility easements shall be graded to
within six inches of final grade by the subdivider prior to the installation
of such facilities, and earth fill piles or mounds of dirt or construction
materials shall not be stored on such easement areas.
E.
Street system.
(1)
Design. A street system shall be designed and constructed
by the subdivider in accordance with this chapter and specifications
of the Village so as to provide all lots in the subdivision with adequate
frontage on or access to a public street.
(2)
Street system plans. The subdivider shall submit to
the Village Engineer, a report including plan, profiles, typical cross
sections and specifications for the proposed street system throughout
the subdivision with additional data supplied to indicate how all
the streets in the subdivision which connect to surrounding streets
will be designed. The street plans shall show the proposed right-of-way,
pavement width, location and proposed alignment grade, geometric details,
cross sections as well as base course and thickness. No final plat
will be approved unless all streets in the subdivision have been constructed
in accordance with approved plans or an improvement guarantee in the
form of a bond, letter of credit, etc., has been provided by the subdivider.
(3)
Specifications. The proposed street system shall be constructed to conform with the design standards of § 405-10 of this chapter and other Village street specifications.
(a)
Local streets shall be surfaced for a minimum
width of 36 feet, or as otherwise specified by the Village Board.
(b)
A minimum of nine inches of gravel base course
shall be provided. Precise amount of base course shall be determined
by the Village Engineer after an examination of soil and topography.
(c)
After the installation of all utility and stormwater
drainage improvements, the subdivider shall surface all roadways in
streets proposed to be dedicated to the widths prescribed by this
chapter and the Comprehensive Plan or Comprehensive Plan components
of the Village. Said surfacing shall be done in accordance with plans
and standard specifications approved by the Village Engineer.
F.
Curb and gutter. After the installation of all utility
and stormwater drainage improvements, the subdivider may be required
to construct concrete curbs and gutters in accordance with plans and
standard specifications approved by the Village Engineer. Whenever
possible, provision shall be made at the time of construction for
driveway access curb cuts.
G.
Sanitary sewer system.
(1)
General design. A sanitary sewer system shall be designed
and constructed in accordance with state codes, this chapter and specifications
of the Village Engineer to adequately serve all lots in the subdivision.
In addition, pipe sizes, lift stations, force mains or other appurtenances
shall be sized or provided to accommodate the orderly development
of nearby land which is an integral part of the neighborhood service
or drainage area. The subdivision collection system shall be connected
to the Village sewer system.
(2)
Sanitary system plans.
(a)
The subdivider shall submit to the Village Engineer
a report including plans, profiles and specifications for the proposed
sanitary sewer system which shall show pipe sizes, gradients, types
of pipe, invert and finished grade elevations, location, type and
size of all lift stations or force mains for all sanitary facilities,
including house laterals to each lot line. No final plat will be approved
until sanitary sewer plans have been approved by the Village Engineer
and installed by the subdivider in accordance with said plans. Improvement
guarantee in lieu of construction may be permitted by the Village
Board.
(b)
The sanitary sewer system shall be designed
to serve the estimated future tributary area that can reasonably be
expected to be developed within 40 years of plat approval. The Village
Board will make this determination. Sewer capacities should be adequate
to handle the anticipated maximum hourly quantity of sewage and nonresidential
waste with an allowance for infiltration and other extraneous flow.
Generally, a unit design flow of 0.02 cubic foot per second per acre
may be used to compute tributary area flows from undeveloped upstream
areas.
(c)
No sewer pipe shall be less than eight inches
in diameter.
(d)
House laterals up to each lot line of the subdivision
shall be provided.
(e)
All sewers shall be designed to give mean velocities,
when flowing full, of not less than 2.0 feet per second. Maximum slope
shall provide velocity of from 12 feet to 15 feet per second at average
flow. The following table may be used for minimum slopes.
|
Dead-End Sewers
|
Other Sewers
| ||
|
8-inch sewer
|
0.60 feet/100 feet
|
0.40 feet/100 feet
| |
|
10-inch sewer
|
0.44 feet/100 feet
|
0.28 feet/100 feet
| |
|
12-inch sewer
|
0.36 feet/100 feet
|
0.22 feet/100 feet
| |
|
All other
|
In accordance with Village Engineer's specifications
| ||
(f)
Manholes shall be provided at least at four-hundred-foot
intervals at the end of each line and at all changes in grade, size
or alignment.
(g)
Not less than six feet of cover shall be provided
over top of pipe in street right-of-way or four feet in all other
areas.
(h)
A minimum horizontal distance of eight feet shall be maintained between parallel water and sewer lines, except where same trench burial of sanitary sewers and water mains is permitted in accordance with Subsection G(2)(i) below. Where sewers cross water mains, the separation distance and pipe material shall be as specified by the Village Engineer.
(i)
Same trench burial of sewer mains and waterlines
may be permitted by the Village Board after receiving a report and
recommendation from the Village Engineer where excavation is especially
difficult due to the presence of rock near the surface or unstable
soil. Where the waterlines are permitted to be laid in the same trench
with the sewer mains, the sewer and water lines shall be laid in accordance
with instructions provided by the Village Engineer. Backfill material
shall be thoroughly tamped around and above the sewer until it forms
a solid bed for the water main.
(j)
All sewers shall be laid with straight alignment
between manholes unless otherwise directed or approved by the Village
Engineer.
H.
Stormwater drainage facilities.
(1)
The subdivider shall construct stormwater drainage
facilities, which may include curbs and gutters, catch basins and
inlets, storm sewers, road ditches and open channels as required by
the Village Board. All such facilities shall be of adequate size and
grade to hydraulically accommodate the maximum potential volumes of
flow. The type of facilities required, the design criteria, and the
sizes and grades shall be determined by the Board.
(2)
Storm drainage facilities shall be so designed as
to prevent and control soil erosion and sedimentation and 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 standard specifications approved
by the Village Board. Such facilities may, at the request of the Board,
include water retention structures and settling basins so as to prevent
erosion and sedimentation.
(3)
Unpaved road ditches and street gutters shall be shaped
and seeded or sodded as grassed waterways. Where the velocity of flow
is in excess of four feet per second on soils having a severe or very
severe erosion hazard and in excess of six feet per second on soils
having moderate, slight or very slight erosion hazard the subdivider
shall install a paved invert or check dams, flumes or other energy-dissipating
devices in accordance with plans approved by the Village Board.
(4)
The subdivider shall assume the cost of installing
all storm sewers within the proposed subdivision, except for the added
cost of installing storm sewers greater than 24 inches in diameter
which are necessary to serve tributary drainage areas lying outside
of the proposed subdivision.
I.
Public water supply facilities.
(1)
Design. A water system shall be designed and constructed
in accordance with state codes, this chapter and specifications of
the Village Engineer to adequately serve all lots in the subdivision
with water at sufficient pressure for fire-fighting needs. The subdivision
water system shall be connected to the Village water system. Elevated
storage tank, ground reservoirs, treatment works, booster pumps, hydrants
and oversized waterlines will be provided by the Village as needed.
(2)
Plans. The subdivider shall submit to the Village
Engineer a report including plans and specifications for the proposed
water system which shall show pipe sizes, hydrant locations and specifications,
valve locations and specifications, cross connectors, booster pumps
with house lines provided to the lot line of each lot in the subdivision.
No final plat will be approved until the water system plan has been
approved by the Village Engineer and installed by the subdivider in
accordance with said plans. Improvement guarantee in lieu of construction
may be permitted by the Village Board.
(3)
Water system requirements. The design criteria for
the water distribution system shall be based on the specifications
or standards of this chapter, state codes and other Village requirements.
The following is a partial summary of the more general minimum requirements:
(a)
No water mains shall be less than six inches
in diameter.
(b)
Fire hydrants which will be provided by the
Village must be installed by the subdivider at locations no more than
1,000 feet apart and within 500 feet of every proposed structure.
(c)
Gate valves on cross-connection water mains
shall be so located that no single break in the distribution system
shall require more than 800 feet to be out of service in a residential
district.
J.
Other utilities.
(1)
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.
(2)
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
with the preliminary plat.
K.
Street lamps. The subdivider shall install street
lamps 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.
L.
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.
M.
Phased or partial improvements. In all instances where
it shall appear to the satisfaction of the Village Board that all
of a platted subdivision cannot immediately be improved with respect
to the installation of streets, storm sewers, sanitary sewers and
related facilities, the Village Board may authorize the subdivider
to proceed with the installation of improvements required under this
chapter on one or a portion of the total number of lots covered by
the plat.
A.
Commencement. No construction or installation of improvements
shall commence in a proposed subdivision until the preliminary plat
has been approved.
B.
Building permits. No building permits shall be issued
for erection of a structure on any lot not of record until all the
requirements of this chapter have been met.
C.
Plans. The following plans and accompanying construction
specifications may be required by the Village Board before construction
or installation of improvements is authorized:
(1)
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations,
grades, sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing
the locations, grades, sizes, cross section, elevations and materials
of required facilities.
(4)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
(5)
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.
(6)
Planting plans showing the locations, age, caliper,
species, and time of planting of any required grasses, vines, shrubs
and trees.
(7)
Additional special plans or information as required.
D.
Inspection.
(1)
The Village or its duly authorized representative
may inspect all improvements.
(2)
Inspectors employed by the Village shall be authorized
to inspect all work done and all materials furnished. Such inspection
may extend to all or any part of the work and to the preparation,
fabrication or manufacture of the materials to be used. The inspector
shall not be authorized to revoke, alter or waive any requirements
of the specifications or plans. He shall be authorized to call the
attention of the contractor to any failure of the work or materials
to conform to the specifications and contract. He shall have the authority
to reject materials which do not meet specifications requirements
or suspend the portion of the work involved until any question at
issue can be referred to and decided by the Village or its duly authorized
representative.
(3)
Upon completion of all the improvements, the subdivider
shall request, in writing, a final inspection by the Village or its
duly authorized representative. The Village or its duly authorized
representative shall make final inspection of streets, sidewalks,
curbs and gutters, sanitary and storm sewers, water mains and other
improvements required in this chapter.
(4)
The subdivider shall provide the permit issuer with
as-built plans of the water, sanitary sewers and storm sewer systems.
E.
Erosion control.
(1)
The subdivider shall cause all grading, excavations,
open cuts, side slopes, and other land surface disturbances to be
mulched, seeded, sodded or otherwise protected that erosion, siltation,
sedimentation and washing are prevented, in accordance with the plans
and specifications approved by the Village Board.
(2)
Sod shall be laid in strips at those intervals necessary
to prevent erosion and at right angles to the direction of drainage.
(3)
Temporary vegetation and mulching shall be used to
protect critical areas, and permanent vegetation shall be installed
as soon as practical.
(4)
Construction at any given time shall be confined to
the smallest practical area and for the shortest practical period
of time.
(5)
Sediment basins shall be installed and maintained
at all drainageways to trap, remove and prevent sediment and debris
from being washed outside the area being developed.
F.
Existing flora.
(1)
The subdivider shall make every effort to protect
and retain all existing trees, shrubbery, vines and grasses not actually
lying in public roadways, drainageways, soil absorption waste disposal
areas, paths and trails.
(2)
Such trees are to be protected and preserved during
construction in accordance with sound conservation practices, including
the preservation of trees by well islands or retaining walls whenever
abutting grades are altered.
A.
General. The subdivider shall pay the Village all
fees as hereinafter required and at the times specified.
B.
Application fee. The subdivider shall pay a fee as
set by the Village Board for each lot or parcel within the preliminary
plat or certified survey to the Village Clerk/Treasurer at the time
of application for approval of any preliminary plat. This fee will
assist in defraying the costs of review of the preliminary plat, final
plat, and plans and specifications for improvements. This fee is nonrefundable.
A reapplication of any preliminary plat or certified survey which
has been previously reviewed will be subject to the original application
fee requirements specified above.[1]
C.
Inspection fee. The subdivider shall pay a fee to
the Village Engineer equal to the actual cost incurred by the Village
Engineer for such construction plan review and inspections as the
Village Board deems necessary to assure that the construction of the
required improvements is in compliance with the plans, specifications
and ordinances of the Village or any other governmental authority.
D.
Public site fee.
(1)
If the Village Board waives the requirement for dedication of public lands as provided in § 405-20, a fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the Village Clerk/Treasurer at the time of first application for approval of a final plat of said subdivision in the amount of the value of acre of developed land for each 26 dwelling units within the plat, determined by the Village Assessor based on representative market values.
(2)
Public site fees shall be placed in a separate service
district fund by the Village Clerk/Treasurer to be used only for the
acquisition of park sites which will serve the proposed subdivision.
Said fund shall be established on the basis of the service area of
existing or proposed park facilities.
E.
Engineering fee.
(1)
The subdivider shall pay a fee to the Village Engineer
equal to the actual cost incurred by the Village Engineer for all
engineering work incurred by the Village in connection with the plat.
(2)
Engineering work shall include the preparation of
construction plans and standard specifications. The Village Board
may permit the subdivider to furnish all, some or part of the required
construction plans and specifications, in which case no engineering
fees shall be levied for such plans and specifications.
A.
Utility easements. The Plan Commission, on the recommendation
of 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. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream:
(1)
There shall be provided in 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
(2)
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.
(3)
Wherever possible, it is desirable that drainage be
maintained by an open channel with landscaped banks and adequate width
for maximum potential volume of 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
20 feet wide and may run across lots or along side of rear lot lines;
where easements are located along lot lines, 1/2 the width shall be
taken from each lot. Such easements should preferably be located along
rear lot lines. Evidence shall be furnished the Village Board 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. It 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, if applicable, 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 § 405-10 of this chapter.
D.
Dedication of lands for playgrounds, parks, public
lands.
(1)
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 26 proposed dwelling units, or the Village Board 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 § 405-18.
(2)
Whenever proposed public lands other than streets or drainageways designated in the Comprehensive Plan, Comprehensive Plan component, or on the Official Map of the Village is embraced, all or part, in a tract of land to be subdivided, these proposed public lands shall be made a part of the plat and shall be dedicated to the public by the subdivider at the rate of one acre for each 26 proposed dwelling units, and said proposed public lands, other than streets or drainageways, in excess of the rate established shall be reserved for a period not to exceed two years unless extended by mutual agreement for purchase by the public agency having jurisdiction, or all said proposed public lands, other than streets or drainageways, shall be reserved by the subdivider for a period not to exceed two years unless extended by mutual agreement for acquisition by the Village at undeveloped land costs, and a public site fee shall be levied against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in § 405-18 of this chapter.
(3)
Proposed public lands designated in the Comprehensive
Plan, Comprehensive Plan component, or on the Official Map of the
Village, lying outside the corporate limits of the Village but within
the jurisdictional area of this chapter, shall be reserved for acquisition
by the town or county at undeveloped land costs.
E.
Development of area.
(1)
When parkland 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 the Village Board,
fertilized with 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, silt 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, 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
Board may waive or modify any requirements to the extent deemed just
and proper.
B.
The Village Board shall not 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; and
(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 regulation were carried out.
C.
A development plan shall include all of the owner's
or applicant's land, without impairing the intent and purpose of this
chapter or the desirable general development of the community in accordance
with the Comprehensive Plan or Comprehensive Plan component of the
Village. In granting any modification of this chapter, the reasons
shall be entered in the minutes of the Board.
A.
A development plan shall be submitted to the Village
Board after any division of a lot, parcel or tract of land by the
owner thereof or his agent for other than a subdivision where the
act of division creates five or more parcels which are greater than
1 1/2 acres but less than five acres in size or less or where
five or more such parcels are created by successive division within
a period of five years.
B.
The development plan map and supporting data shall
provide such information as required by the Village, except certain
map and data requirements may be waived by the Village Board for land
division which involves 10 lots or less.
C.
A development plan shall include all of the owner's
or applicant's lands which are contiguous and which are bounded by
private property lines, public rights-of-way, navigable streams, lakes,
parks or other watercourses which serve to define the contiguous area.
D.
Development shall, to the extent reasonably practicable,
conform to the requirements of this chapter and to all other related
ordinances and regulations.
Where it is not practicable to require that
a final plat of a subdivision created by successive divisions be filed
in accordance with this chapter, the Village Board of the Village
of Cambria may, in lieu thereof, order an assessor's plat to be made
under § 70.27, Wis. Stats., as amended.
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 proceeding to enjoin violations
of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(2)
Recordation improperly made has penalties provided
in § 236.30, Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties
provided in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed has penalties as
provided for in § 236.32, Wis. Stats.
(5)
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.
(1)
Administrative determination and the reasons therefor
shall be reduced to writing at the written request of a party who
is adversely affected by an administrative determination and such
information shall be mailed or delivered to the affected person.
(2)
Decisions on state-defined plats by the Village Board
are also subject to further review in accordance with the provisions
of § 236.13(5), Wis. Stats., as amended.
(3)
Decisions on non-state plats or certified surveys
are subject to review in accordance with the procedures and provisions
of Ch. 68, Wis. Stats., as amended.
(a)
The permit issuer shall, upon written request
of any person aggrieved by a determination, reduce the determination
and the reasons therefor to writing in accordance with § 68.07
Wis. Stats., as amended.
(b)
The Village Board shall, upon written request
of any person aggrieved by a determination of the permit issuer, provide
for a review of that determination at a hearing conducted substantially
in compliance with § 68.11, Wis. Stats., as amended, and
in accordance with the procedures of §§ 68.09 and 68.11,
Wis. Stats., as amended.
(c)
Any party to a proceeding under Subsection C(3)(b) above may seek judicial review of the determination of the Village Board by a writ of certiorari in accordance with § 68.13, Wis. Stats., as amended.
(d)
Nothing in this section shall preclude the Village
or aggrieved person from employing other methods of resolving disputes
nor is an aggrieved person precluded from seeking relief from the
Village Board according to § 68.14, Wis. Stats., as amended.
