[HISTORY: Adopted by the Village Board of the Village of
Soldiers Grove 11-8-1979 by Ord. No. 79-7. Amendments noted where
applicable.]
This chapter shall be known as the "Village of Soldiers Grove
Subdivision Ordinance."
This chapter shall take effect on the date of its publication
as an adopted ordinance.
This chapter is intended to regulate and control the division
and subdivision of land within the corporate limits of the Village
of Soldiers Grove in order to promote the public health, safety and
welfare, to encourage the most appropriate use of land, to provide
the best possible living environment for people, and to conserve the
value of buildings placed upon the land by:
A.
Furthering the orderly layout of parcels;
B.
Insuring proper legal description and monumenting of parcels;
C.
Facilitating adequate provision for transportation, water, sewerage,
schools, parks, playgrounds, open space, storm water drainage, the
conservation of lands, natural resources, scenic and historic sites,
energy conservation, solar access, and other public requirements;
and
D.
Insuring enforcement of the developing standards contained in Village
adopted plans, ordinances or codes; and to accomplish the purposes
of Chapters 236 and sections 62.23, 87.30 and 236.45 of the Wisconsin
Statutes.
A.
Area covered by this chapter: all land within the civil boundaries
of the Village.
B.
Land divisions covered: this chapter applies to the creation by act
of division, of interest, where the division results in creation of
at least one new parcel which is 10 acres or less in size. Replats
and transfers intended to clarify metes and bounds are included. Areas
covered by roads, waters, and easements are not to be included in
computing parcel sizes.
C.
Exclusions.
(1)
Any sale or exchange of parcels of public utility or railroad right-of-way
to adjoining property owners if the sale or exchange and all resulting
parcels comply with this chapter and Chapter 236 of the Wisconsin
Statutes;
(2)
Transfers of interests in land by will or pursuant to court order;
(3)
Leases for a term not to exceed 10 years, or easements;
(4)
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 Village ordinances.
As used this chapter, the following terms shall have the meanings
indicated:
The separation of a single parcel of land into two or more
parcels or segments by means of a deed, contract of sale or transfer,
plat, survey map or similar instrument where the purpose of the division
is to facilitate transfer of ownership of the land or interests therein,
or to facilitate building development arranged within the new lot,
parcel or segment boundaries.
The meaning established for this term in the Village of Soldiers
Grove Zoning Ordinance.[1]
The meaning established for this term in the Village of Soldiers
Grove Zoning Ordinance.[2]
Contiguous lands under control of a subdivider not separated
by streets, highways or railroad rights-of-way. The term includes
lots, outlots, dedicated areas, etc.
A map of a subdivision.
A required but informal meeting between the subdivider and
his or her agent to review application of Village policies and standards
to the proposed subdivision and to advise on review procedures.
A map delineating the features of a proposed subdivision
submitted to the Village for preliminary consideration prior to the
final plat.
A plat of a subdivision when the subdivision has the characteristics
specified in Section 236.02(8) of the Wisconsin Statutes.
A person, firm, partnership, corporation, association, estate,
trust or other legal entity having ownership interest in the land
and requesting review or action on a subdivision.
A land division or divisions covered by terms of this chapter.
A map of a subdivision where the map describes the division
of a parcel into four or fewer parcels. A certified survey map is
a survey map which meets the standards of Section 236.34 of the Wisconsin
Statutes.
The Village of Soldiers Grove. Unless otherwise specified
in the ordinance, the Village Board acts for the Village on subdivision
matters, upon prior advisory review by the Village Plan Commission.
The Village Zoning Administrator acts as staff on behalf of the Commission
and Board.
In order to legally accomplish a division of land covered by this chapter (see § 183-4) the parcel(s) being created or divided must be surveyed by a registered land surveyor and a plat or certified survey map drawn up. This plat or survey map must be reviewed and approved by the Village Planning Commission and then approved by the Village Board. Approved plats and surveys must be recorded with the Register of Deeds in order for transfers of any lots or parts thereof to be legal.
A.
The subdivider or the surveyor engaged by the subdivision must hold
a preapplication meeting with the Village.
B.
The Village officials will decide whether to require the submission
of a preliminary plat or preliminary survey map at the preapplication
meeting. The subdivider retains the option to submit a preliminary
version even if the Village does not require one. The Village shall
base its decision to require a preliminary plat on the following factors:
necessity for new roads; expansion of municipal services; or whether
the proposed development presents suitability problems due to slopes,
soils or floodplain location.
C.
The application shall contain the following features and any others
required by the Village at the preapplication meeting or later:
(1)
A preliminary plat, if submitted by choice or by demand of the Village,
must be in sufficient detail to determine whether the final plat will
meet layout requirements as dictated by Section 236.11 of the Wisconsin
Statutes.
(2)
A certified survey map, if required, meeting the requirements of
Section 236.34 of the Wisconsin Statutes.
(3)
A final plat which meets the requirements outlined in Section 236.20
of the Wisconsin Statutes. The final plat shall fulfill the survey
and layout requirements listed in Sections 236.15 and .16 of the Wisconsin
Statutes and shall be accompanied by the requisite certificates listed
in Section 236.21 of the Wisconsin Statutes.
(4)
Each plat, preliminary or final, and each survey map, for unsewered
lots must show suitable areas on each lot for on-site waste disposal.
These areas shall be set apart from the area intended for the dwelling.
(5)
Each plat or survey map must show the floodplain and floodway limits.
(6)
Shaded areas shall be indicated on maps or plats for projects of
five or more lots, to indicate those areas with slopes of 12% or greater.
(7)
A statement of present and intended zoning.
(8)
Evidence that the electric, gas, telephone and cable TV utilities
have been sent a draft map or plat, and correspondence from the utilities
concerning easement requirements.
D.
The application shall be given to the Zoning Administrator. If the
proposed project requires a rezoning, a conditional use or a planned
development approval, the Zoning Administrator shall encourage the
application and processing of these requests in combination with the
processing of the subdivision application. The application may be
referred to outside agencies (such as soil and water conservation
district) for review and comment.
E.
After reviewing the application for completeness, the Zoning Administrator
shall send it to the Plan Commission. The Plan, Commission, after
reviewing the application, shall send it on to the Village Board.
This review process shall take place within a reasonable amount of
time. Each agency shall in the most efficient manner possible, approve,
approve conditionally or reject the plat or map. For state plats the
Village shall approve or reject preliminary plats within 40 days and
approve or reject final plats within 60 days. [See Section 236.11(1)
and (2) of the Wisconsin Statutes.]
A.
No land shall be divided or subdivided for a use which is held unsuitable
by the Village for reason of flooding or potential flooding, soil
limitations, inadequate drainage incompatible surrounding land use,
potential of the proposed use to disrupt solar access on other properties,
or any other condition likely to be harmful to the health, safety
or welfare of the future residents or users of the area, or harmful
to the community.
B.
Land shall be zoned for the uses a developer intends to put it to
before final plat approval. The developer must show that the intended
use of a parcel of land is a permitted use or a conditional use in
the zoning district in which the land lies.
C.
The intended uses of a development and the final plat shall be consistent
with any municipal master plan which the Village adopts.
D.
Should the Village Board determine that the land is unsuitable for
the intended use or development, it shall state its reasons in writing.
NOTE: See § 183-13C for an explanation of how these standards can be modified in the case of an approved planned development project.
A.
Layout of lots, blocks, roads, public areas and utilities shall follow
and respect the natural contours of the land.
B.
Streets and roads.
(1)
Each lot shall have frontage access of at least 50 feet onto a public
road.
(2)
Street and road design shall accommodate existing and planned circulation
patterns, topography, streams, tree growth, solar access, existing
and proposed land uses, and the public conveniences, safety and welfare,
and shall allow for creation of lots and other parcels which will
satisfy standards of this chapter and will encourage solar design.
(3)
Minimum residential street right-of-way shall be 49.5 feet in width.
(4)
The arrangement of streets in a subdivision shall provide, where
possible, for the continuation on appropriate projection of existing
or proposed streets. Street jobs with centerline offsets of less than
150 feet shall be avoided.
(5)
Local streets shall be laid out so as to discourage their use by
through traffic.
(6)
Where a subdivision abuts or contains an existing or proposed arterial
street, the Village Board may require marginal access streets, reverse
frontage lots with screen planting contained in a nonaccess reservation
along the rear of the property line, or such other treatment as may
be necessary for adequate protection of residential properties and
to separate through and local traffic.
(7)
The number of intersections along arterial streets shall be held
to a minimum. Where ever practicable, the distance between such intersections
shall not be less than 1,200 feet.
(8)
Cul-de-sacs shall not exceed 1,000 feet in length and shall provide
a turn-around with a minimum right-of-way radius of 60 feet. The traveled
way within the cul-de-sac shall provide a minimum radius of 40 feet.
(9)
In commercial and industrial areas, alleys or other definite and
assured provisions shall be made for off-street parking, loading and
service access consistent with and adequate for the uses proposed.
(10)
Street names. The Village Board shall approve of the name of
any street shown on the plat and shall disallow the use of a name
which has already been used elsewhere in the area or which, because
of similarity, may cause confusion.
(11)
Streets and roads shall be designed to minimize erosion. To
that end erosion control measures shall be included in the design
and construction process.
C.
Drainage and flood design consideration.
(1)
Historic patterns of surface drainage shall be retained in designing
lots and roads. If design changes the contours or runoff characteristics
of lands, these changes shall not cause flooding of other lots, roads
or public areas. Drainageways and easements shall be incorporated
in the design as needed to meet these standards.
(2)
Subdivisions or similar projects involving four acres of land or
more shall be designed and constructed so that the peak runoff from
the site during a hundred-year rainfall will not exceed the safe capacity
(prorated) of the existing or proposed stormwater drainage facilities
which receive and transport surface drainage from the site to the
receiving water course. This may require on-site detention and runoff
control facilities adequate to store and release under control the
increased runoff (attributable to site development) for a hundred
year rainfall of any duration.
(3)
Subdivisions and similar projects involving four acres of land or
more shall include regional flood elevation data in the application
and shall be designed so that flood damage will be avoided to the
greatest possible extent. Applications shall also provide all necessary
computations to establish the effects on flood height, velocity and
floodplain storage.
D.
Lot size and orientation shall conform to zoning, sanitary code,
setback and floodplain requirements. Lots shall be oriented to provide
solar access. The ratio of lot depth to frontage shall not exceed
4:1 unless the Village Board finds greater depth is more appropriate
because of unique circumstances. Lot sizes in subdivided areas that
are within planned development projects shall be consistent with the
approved planned development plans. Such approval constitutes a valid
reduction of lot size under Section 236.16 of the Wisconsin Statutes.
E.
Area dedicated to public ownership; outlots.
(1)
Areas dedicated to public ownership shall be designed to be suitable
for intended use.
(2)
Areas which are not in lots, streets or areas dedicated to public
ownership shall be denominated as outlots. There shall be clear indication
of their intended ownership and use.
(3)
Areas may be reserved for future public acquisition.
NOTE: See § 183-13C for an explanation of how these standards can be modified in the case of an approved planned development project.)
A.
Public roads and streets shall be dedicated to the Village.
B.
Utility easements shall be dedicated to utilities to the Village.
C.
Full title or easements shall be dedicated to the Village for drainage
ways. Easements shall clearly specify maintenance responsibility.
D.
Lands for parks, recreation and open space purposes, or cash payments
to be used to provide and/or to improve or equip such lands shall
be provided by the subdivider of each land division as a condition
of Village approval of the division. The Village Board shall specify
whether land dedication or payment of money in lieu of land dedication
is to be required. The amount of land dedication shall be 1,450 square
feet (1/30 of an acre) of land for each proposed residential dwelling
unit. The amount of money in lieu of land dedication shall be 1/30
of the estimated per acre full value of similarly situated improved
and platted residential land for each residential dwelling unit. Money
collected by the Village park and recreation fund.
F.
All dedications shall comply with the requirements of Section 236.29
of the Wisconsin Statutes.
NOTE: See § 183-13C for an explanation of how these standards can be modified in the case of an approved planned development project. The subdivider shall construct roads, sewers, water systems, culverts, curb and gutter systems, drainage improvements and shall pay all the necessary engineering costs, including inspection costs. A subdivider shall not pay the cost of capacities in roads, sewer and water which are required because of other present or planned developments. Subdividers shall not pay for facilities off the site of the development, but shall pay engineering costs to extend roads, and sewer and water lines to reach the subdivision.
A.
Bonding and guarantees on required construction. The Village shall
require the posting of bonds, irrevocable letters of credit or collateral
evidence guaranteeing construction which is to be performed after
the final plat is approved. The guarantees shall be in an amount sufficient
to assure that the work can be done.
B.
Monumentation. It shall be the responsibility of the subdivider to
assure that survey monuments placed by the surveyor are, in fact,
installed at the conclusion of the project. The subdivider shall require
contractors to replace all monuments moved or altered by their work.
All utility easements in Village approved land divisions shall contain
the condition that the utility replace all monuments disturbed by
the utility or its contractors.
C.
Enforcement.
(1)
Failure to comply with the requirements of this chapter shall invalidate
purported transfers of title at the option of the purchaser in accord
with the provisions of Section 236.31(2) of the Wisconsin Statutes.
(2)
Any subdivider or agent of same who violates or falls to comply with
these regulations shall be subject to forfeiture and other remedies
pursuant to Sections 236.30, 236.31, 236.35 of the Wisconsin Statutes.
(3)
A zoning permit shall be refused for any site created in violation
of this chapter.
A.
The Village Board may grant waivers of monument placement pursuant
to Section 236.15(1)(h) of the Wisconsin Statutes.
B.
The Village Board has the authority to waive or vary other standards
on the recommendation of the Plan Commission, if the applicant makes
a showing of hardship or unique circumstances and the Village Board
finds that the waiver will not damage the public interest.
C.
An approval of a planned development application by the Village Plan
Commission constitutes an automatic waiver and variance of specific
subdivision standards of this chapter and a substitution of standards
described in the approved application.
This chapter shall take effect after its passage and upon publication
as required by law.
