[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 10, Ch. 6, of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Plan Commission — See Ch. 18.
Building construction — See Ch. 238.
Driveways — See Ch. 278.
Sewers — See Ch. 465.
Stormwater management and erosion control — See Ch. 490.
Streets and sidewalks — See Ch. 496.
Water — See Ch. 553.
Comprehensive Plan — See Ch. 587.
Floodplain zoning — See Ch. 595.
Shoreland-wetland zoning — See Ch. 608.
Zoning — See Ch. 620.
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 Luck
does hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the Village.
(2)
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote the public health,
safety, convenience and general welfare. The regulations are designed
to lessen congestion in the streets; to foster the orderly layout
and use of land; to ensure safety from fire, flooding, panic and other
dangers; to provide optimum light and air; to discourage overcrowding
of the land; to lessen concentration of population; to facilitate
adequate provision of transportation, public water and sewerage, schools,
parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
The regulations are made with the reasonable consideration of, but
not limited to, the present character of the Village and its environs,
with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry and providing for the
most appropriate use of land in the Village.
The following definitions shall be applicable in this chapter:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
The Plan Commission created by the Village Board pursuant
to § 62.23, Wis. Stats.
A Comprehensive Plan prepared by the Village indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.[1]
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions change the title from a joint
tenancy to a tenancy in common or from tenancy in common to joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds. Said plat must
conform to all state laws.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets, easements and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building
line.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
A street used, or intended to be used, primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map, drawing or chart on which the subdivider's
plat of subdivision is presented to the Village for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Plan Commission
and Village Board for their consideration as to compliance with the
Comprehensive Plan and these regulations, along with required supporting
data.[2]
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel, or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres or less in area,
or where the act of division creates five or more parcels or building
sites by successive division within a period of five years, whether
done by the original owner or a successor owner.
Those lands which are partially or wholly covered by marshland
flora and generally covered with shallow standing water or lands which
are wet and spongy due to high water table.
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
A.
Compliance. No person shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, land division
or a replat as defined herein; no such subdivision, land division
or replat shall be entitled to record; and no street shall be laid
out or improvements made to land without compliance with all requirements
of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
B.
Jurisdiction. Jurisdiction of these regulations shall include all
lands within the corporate limits of the Village as well as the unincorporated
area within 1 1/2 miles of the corporate limits as provided in
§§ 236.10 and 62.23, Wis. Stats. The provisions of
this chapter, as they apply to divisions of tracts of land into less
than five parcels, shall not apply to:
(1)
Transfers of interest in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages or easements.
(3)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
C.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
Permits. No building permit shall be issued by the Village authorizing
the building on or improvement of any parcel of land not on record
as of the effective date of this chapter until the provisions and
requirements of this chapter have been met.
A.
Preliminary meetings. Before filing a preliminary plat, or certified
survey, the subdivider is encouraged to consult with the Plan Commission
and/or its consulting staff for advice regarding general subdivision
requirements. The subdivider shall also submit a location map showing
the relationship of the proposed subdivision to traffic arteries and
existing community facilities. This consultation is neither formal
nor mandatory but is intended to inform the subdivider of the purpose
and objectives of these regulations, the Comprehensive Plan, Comprehensive
Plan components and duly adopted plan implementation devices of the
Village and to otherwise assist the subdivider in planning his development.
In so doing, both the subdivider and the Plan Commission 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)
Submission. Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and a letter of application. The
preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file an adequate number of copies of the
plat and the application as required by this section with the Village
Clerk-Treasurer at least 10 days prior to the meeting of the Plan
Commission at which action is desired. The Village Clerk-Treasurer
shall submit a copy of the preliminary plat to the Plan Commission
and to the Village Engineer for review and written report of his recommendations
and reactions to the proposed plat.
(2)
Public improvements, plans and specifications. Simultaneously with
the filing of the preliminary plat or map, the owner shall file with
the Village Clerk-Treasurer five complete sets of preliminary plans
and specifications for the construction of any public improvements
required by this chapter.
(3)
Property owners' association. The Plan Commission may require submission
of a draft of the legal instruments and rules for proposed property
owners' associations when the subdivider proposes that common property
within a subdivision would be either owned or maintained by such an
organization of property owners.
(4)
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he has fully complied
with the provisions of this chapter.
(5)
Supplementary data to be filed with preliminary plat. The following
shall also be filed with the preliminary plat:
(a)
A statement of the proposed use of lots, stating the type of
residential buildings with number of proposed dwelling units and types
of business or industry so as to reveal the effect of the development
on traffic, fire hazards and congestion of population;
(b)
If any zoning changes are contemplated, the proposed zoning
plan for the area, including dimensions; and
(c)
Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Plan Commission may require
that the subdivider submit a preliminary plat of the remainder of
the property so as to show the possible relationships between the
proposed subdivision and future subdivision. In any event, all subdivisions
must be shown to relate well with existing or potential adjacent subdivisions.
(6)
Referral to other agencies. The Village Clerk-Treasurer shall, within
two days after filing, transmit four copies to the county planning
agency, two copies to the Wisconsin Department of Administration,
additional copies to the Department of Administration for retransmission
of two copies each to the Wisconsin Department of Transportation if
the subdivision abuts or adjoins a state trunk highway or a connecting
street and the Wisconsin Department of Safety and Professional Services
if the subdivision is not served by the public sewer and provision
for such service has not been made, and an adequate number of copies
to the Plan Commission. The county planning agency, the Wisconsin
Department of Administration, the Wisconsin Department of Transportation
and the Wisconsin Department of Safety and Professional Services shall
be hereinafter referred to as "objecting agencies."[2]
(7)
Drafting standards. The subdivider shall submit to the Village Clerk-Treasurer
and to those agencies having the authority to object to plats under
provisions in Ch. 236, Wis. Stats., copies of a preliminary plat (or
certified survey) based upon an accurate exterior boundary survey
by a registered land surveyor which shall show clearly the proposed
subdivision at a scale of not more than one inch per 100 feet, having
two-foot contour intervals, shall identify the improvements (grading,
tree planting, paving, installation of facilities and dedications
of land) and easements which the subdivider proposes to make and shall
indicate by accompanying letter when the improvements will be provided.
Any proposed restrictive covenants for the land involved shall be
submitted.
C.
Preliminary plat approval within the Village.
(1)
After review of the preliminary plat or survey map and negotiations
with the subdivider on changes being advisable and the kind and extent
of public improvements which will be required, the Plan Commission
shall reject or approve conditionally the preliminary plat within
60 days.[3]
(2)
If the Plan Commission rejects the plat or map, it shall return it
to the owner. If it approves or conditionally approves the plat or
map, it shall so notify the Village Board.
(3)
If the Plan Commission approves the preliminary plat, the Village
Board shall, within 90 days of the date the plat was filed with the
Village Clerk-Treasurer, approve, approve conditionally or reject
such plat and shall state, in writing, any conditions of approval
or reasons for rejection, unless the time is extended by agreement
with the subdivider. Failure of the Village Board to act within 90
days or extension thereof shall constitute an approval of the preliminary
plat, unless other authorized agencies object to the plat. The Village
Clerk-Treasurer shall communicate to the subdivider the action of
the Village Board. If the plat or map is approved, the Village Clerk-Treasurer
shall endorse it for the Village Board.[4]
(4)
Approval or conditional approval of a preliminary plat shall not
constitute automatic approval of the final plat, except that if the
final plat is submitted within 36 months of preliminary plat approval
and conforms substantially to the preliminary plat layout as indicated
in § 236.11(1)(b), Wis. Stats., the final plat shall be
entitled to approval with respect to such layout. The preliminary
plat shall be deemed an expression of approval or conditional approval
of the layout submitted as a guide to the preparation of the final
plat, which will be subject to further consideration by the Plan Commission
at the time of its submission.[5]
(5)
Should the subdivider desire to amend the preliminary plat as approved,
he may resubmit the amended plat, which shall follow the same procedure,
except for the hearing and fee, unless the amendment is, in the opinion
of the Plan Commission, of such scope as to constitute a new plat,
in which such case it shall be refiled.
D.
Final plat review.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file copies of the plat
and the application with the Village Clerk-Treasurer at least 10 days
prior to the meeting of the Plan Commission at which action is desired.
The owner or subdivider shall file six copies of the final plat not
later than 36 months after the date of approval of the preliminary
plat; otherwise, the preliminary plat and final plat will be considered
void unless an extension is requested in writing by the subdivider
and for good cause granted by the Village. The owner or subdivider
shall also submit at this time a current certified abstract of title
or registered property report and such other evidence as the Village
Attorney may require showing title or control in the applicant.[6]
(2)
The Village Clerk-Treasurer shall, within two days after filing,
transmit four copies to the county planning agency, two copies to
the Wisconsin Department of Administration, additional copies to the
Department of Administration for retransmission of two copies each
to the Wisconsin Department of Transportation if the subdivision abuts
or adjoins a state trunk highway or a connecting street and the Wisconsin
Department of Safety and Professional Services 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
Commission. The county planning agency, the Wisconsin Department of
Administration, the Wisconsin Department of Transportation, and the
Wisconsin Department of Safety and Professional Services shall be
hereinafter referred to as "objecting agencies."[7]
(3)
The final plat shall conform to the preliminary plat as approved
and to the requirements of all applicable ordinances and state laws
and shall be submitted for certification of those agencies having
the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(4)
Simultaneously with the filing of the final plat or map, the owner
shall file with the Village Clerk-Treasurer six copies of the final
plans and specifications of public improvements required by this chapter.
(5)
The Village Clerk-Treasurer shall refer two copies of the final plat
to the Plan Commission, one copy to the Engineer, and a copy each
to the telephone and power and other utility companies. The abstract
of title or registered property report shall be referred to the Attorney
for his examination and report. The Village Clerk-Treasurer shall
also refer the final plans and specifications of public improvements
to the Village Engineer for review. The recommendations of the Plan
Commission and Village Engineer shall be made within 30 days of the
filing of the final plat. The Village Engineer shall examine the plat
or map and final plans and specifications of public improvements for
technical details and, if he finds them satisfactory, shall so certify
in writing to the Plan Commission. If the plat or map or the plans
and specifications are not satisfactory, the Village Engineer shall
return them to the owner and so advise the Plan Commission.
(6)
The Commission shall examine the final plat as to its conformance
with the approved preliminary plat, any conditions of approval of
the preliminary plat, this chapter and all ordinances, rules, regulations,
comprehensive plans and comprehensive plan components which may affect
it and shall recommend approval, conditional approval or rejection
of the plat to the Village Board.
E.
Partial platting. The final plat may, if permitted by the Village
Board and Plan Commission, constitute only that portion of the approved
preliminary plat which the subdivider proposes to record at the time.
F.
Final plat approval.
(1)
The objecting agencies shall, within 20 days of the date of receiving
their copies of the final plat, or 30 days in the case of the Department
of Administration, 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 a copy of the plat and shall
return that copy to the Plan Commission. If an objecting agency fails
to act within 20 days, or the Department of Administration fails to
act within 30 days, it shall be deemed to have no objection to the
plat.[8]
(2)
If the final plat is not submitted within 36 months of the last required
approval of the preliminary plat, the Village Board may refuse to
approve the final plat or may extend the time for submission of the
final plat.[9]
(3)
The Commission shall, within 30 days of the date of filing of the
final plat with the Village Clerk-Treasurer, recommend approval, conditional
approval or rejection of the plat and shall transmit the final plat
and application along with its recommendations to the Village Board.
(4)
The Commission shall, when it determines to recommend approval of
a plat, give at least 10 days' prior written notice of its intention
to the clerk of any municipality within 1,000 feet of the plat.[10]
(5)
The Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk-Treasurer, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider. The Village Board may not inscribe its approval on the final plat unless the Village Clerk-Treasurer certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, the date thereof and that no objections have been filed within the time frame prescribed in Subsection F(1) or, if filed, have been met.[11]
(6)
Failure of the Village Board to act within 60 days, the time having
not been extended and no unsatisfied objections having been filed,
the plat shall be deemed approved.
(7)
After the final plat has been approved by the Village Board and required
improvements either installed or a contract and sureties insuring
their installation are 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 12 months after the date of the
last approval of the plat.[12]
(8)
The subdivider shall file 10 copies of the final plat with the Village
Clerk-Treasurer for distribution to the approving agencies and other
affected agencies for their files.
G.
Engineering fee. The subdivider shall pay a fee equal to the actual
cost to the Village for all engineering work incurred by the Village
in connection with the plat or certified survey map.
H.
Administrative fee. The subdivider shall pay a fee equal to the cost
of any legal, administrative or fiscal work which may be undertaken
by the Village in connection with the plat or certified survey map.
A.
General.
(1)
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:
(2)
The entire area contiguous to the proposed plat owned or controlled
by the subdivider shall be included on the preliminary plat even though
only a portion of said area is proposed for immediate development.
The Plan Commission or Village Board may waive this requirement where
it is unnecessary to fulfill the purposes and intent of this chapter
and undue hardship would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the U.S. Public
Land Survey and the total acreage encompassed thereby.
(2)
Locations of all existing property boundary lines, structures, drives,
streams and watercourses, marshes, rock outcrops, wooded areas, railroad
tracks and other significant features within the tract being subdivided
or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing streets, alleys
or other public ways, easements, railroad and utility rights-of-way
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(4)
Location and names of any adjacent subdivisions, parks and cemeteries
and owners of record of abutting unplatted lands.
(5)
Type, width and elevation of any existing street pavements within
the exterior boundaries of the plat or immediately adjacent thereto,
together with any legally established center-line elevations.
(6)
Location, size and invert elevation of any existing sanitary or storm
sewers, culverts and drainpipes, the location of manholes, catch basins,
hydrants, and electric and communication facilities, whether overhead
or underground, and the location and size of any existing water and
gas mains within the exterior boundaries of the plat or immediately
adjacent thereto. If no sewers or water mains are located on or immediately
adjacent to the tract, the nearest such sewers or water mains which
might be extended to serve the tract shall be indicated by the direction
and distance from the tract, size and invert elevations.
(7)
Corporate limit lines within the exterior boundaries of the plat
or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior boundaries of the plat and extending
to the center line of adjacent public streets to national map accuracy
standards based upon mean sea level datum at vertical intervals of
not more than two feet. At least two permanent 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 shall be clearly and completely described. Where, in the judgment
of the Plan Commission, undue hardship would result because of the
remoteness of the parcel from a mean sea level reference elevation,
another datum may be used.
(10)
High-water elevation of all ponds, streams, lakes, flowages
and wetlands within the exterior boundaries of the plat or located
within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes, flowages and wetlands
within the exterior boundaries of the plat or located within 100 feet
therefrom at the date of the survey.
(12)
Floodland and shoreland boundaries and the contour line lying
a vertical distance of two feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, two
feet above the elevation of the maximum flood of record within the
exterior boundaries of the plat or within 100 feet therefrom.
(14)
Location and results of soil boring tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, 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. SPS 385, Wis.
Adm. Code, where the subdivision will not be served by public sanitary
sewer service.
(16)
Location, width and names of all proposed streets and public
rights-of-way such as alleys and easements.
(17)
Approximate dimensions of all lots together with proposed lot
and block numbers.
(18)
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, drainageways or other public
use or which are to be used for group housing, shopping centers, church
sites or other nonpublic uses not requiring lotting.
(19)
Approximate radii of all curves.
(20)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
C.
Proposed layout. The Plan Commission may require a proposed subdivision
layout of all or part of the contiguously owned land even though division
is not planned at the time.
D.
Additional information. Where the Plan Commission finds that it requires
additional information relative to a particular problem presented
by a proposed development in order to review the preliminary plat,
it shall have the authority to request in writing such information
from the subdivider.
A.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded 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 F of § 614-4.
B.
The Village Clerk-Treasurer shall schedule a public hearing before
the Plan Commission when a preliminary plat of a replat of lands within
the Village is filed and shall cause notices of the proposed replat
and public hearing to be mailed to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 200 feet of the exterior boundaries
of the proposed replat.
When it is proposed to divide land into two parcels or building
sites, any one of which is less than five acres, or when it is proposed
to divide a block, lot or outlot into not more than four parcels or
building sites within a recorded subdivision plat without changing
the exterior boundaries of the block, lot or outlot, the subdivider
shall subdivide by use of a certified survey map prepared in accordance
with § 236.34, Wis. Stats.
A.
Submission.
The subdivider shall first consult with the Plan Commission regarding
the requirements for minor subdivision certified surveys before submission
of the final map. Following consultation, a copy of the final map
in the form of a certified survey map shall be submitted to the Village.
The certified survey shall be reviewed, approved or disapproved by
the Plan Commission pursuant to the procedures used for preliminary
plats.
B.
Certified
survey. The following procedures shall be followed with certified
surveys:
(1)
The subdivider shall cause a certified survey map to be prepared
in accordance with this section and submit 10 copies along with the
individual lot percolation tests and soil borings (for lots not served
by public sewer) to the Village Clerk-Treasurer. The map shall be
reviewed by the Plan Commission for conformance with this chapter
and all ordinances, rules, regulations, comprehensive plans and comprehensive
plan components which affect it. The Commission shall approve, approve
conditionally or reject such map within 60 days from the date of filing
of the map unless the time is extended by agreement with the subdivider.
If the map is rejected, the reason shall be stated in the minutes
of the meeting and a written statement forwarded to the subdivider.
C.
Requirements.
To the extent reasonably practicable, the certified survey/minor subdivision
plat shall comply with the provisions of this chapter relating to
general requirements, design standards and required improvements.
Conveyance by metes and bounds shall be prohibited where the lot involved
is less than 1 1/2 acres or 300 feet in width.
A.
Compliance with statutes. In laying out a subdivision, the owner
shall conform to the provisions of Ch. 236, Wis. Stats., and all applicable
code sections. In all cases where the requirements of this chapter
are different from the requirements of Ch. 236, Wis. Stats., the more
restrictive provision shall apply.
B.
Dedication. The subdivider shall dedicate land and improve streets
as provided in this chapter. Streets shall be located with due regard
for topographical conditions, natural features, existing and proposed
streets, utilities and land uses and public convenience and safety.
Streets shall conform to the Official Map of the Village.
C.
Sufficient frontage. All lots shall have sufficient frontage on a
public street to allow access by emergency and service motor vehicles.
D.
Compliance with Comprehensive Plan. The arrangement, character, extent,
width, grade and location of all streets shall conform to the Village's
Comprehensive Plan and to this chapter and shall be considered in
their relation to existing and planned streets, to reasonable circulation
of traffic, to topographical conditions, to runoff of stormwater,
and to public convenience and safety and in their appropriate relation
to the proposed uses of the land to be served by such streets. The
arrangement of streets in new subdivisions shall make provision for
the appropriate continuation at the same width of the existing streets
in adjoining areas.[1]
E.
Areas not covered by Comprehensive Plan. In areas not covered by
the Comprehensive Plan, the layout of streets shall conform to the
plan for the most advantageous development of adjoining areas of the
neighborhood. Streets shall be designed and located in relation to
existing and officially planned streets, topography and natural terrain,
streams and lakes and existing tree growth, public convenience and
safety and in their appropriate relation to the proposed use of the
land to be served by such streets.
F.
Street classifications. Streets shall be classified as indicated
below.
(1)
Arterial streets. Arterial streets shall be arranged to provide through
traffic for a heavy volume of vehicles.
(2)
Collector streets. Collector streets shall be arranged so as to provide
ready collection of traffic from residential areas and conveyance
of this traffic to the major street and highway system and shall be
properly related to special traffic generators such as schools, churches
and shopping centers and other concentrations of population and to
the major streets into which they feed.
(3)
Minor streets. Minor streets shall be arranged to conform to the
topography, to discourage use by through traffic, to permit the design
of efficient storm and sanitary sewerage systems and to require the
minimum street area necessary to provide safe and convenient access
to abutting property.
(4)
Proposed streets. Proposed streets shall extend to the boundary lines
of the tract being subdivided unless prevented by topography or other
physical conditions or unless, in the opinion of the Village Board,
such extension is not necessary or desirable for the coordination
of the layout of the subdivision or land division or for the advantageous
development of the adjacent tracts.
(5)
Reserve strips. Reserve strips shall not be provided on any plat
to control access to streets or alleys, except where control of such
strips is placed with the Village under conditions approved by the
Village Board.
(6)
Alleys. Alleys may be provided in commercial and industrial districts
for off-street loading and service access but shall not be approved
in non-multiple-family residential districts. Dead-end alleys shall
not be approved and alleys shall not connect to a major thoroughfare.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village of Luck must also comply with the
minimum town road standards of § 86.26, Wis. Stats.
H.
Continuation. Streets shall be laid out to provide for possible continuation
wherever topographic and other physical conditions permit. Provision
shall be made so that all proposed streets shall have a direct connection
with, or be continuous and in line with, existing, planned or platted
streets with which they are to connect. Proposed streets shall be
extended to the boundary lines of the tract to be subdivided, unless
prevented by topography or other physical conditions, or unless in
the opinion of the Plan Commission such extension is not necessary
or desirable for the coordination of the layout of the subdivision
with existing layout or the most advantageous future development of
adjacent tracts. Dead-end streets not over 500 feet in length will
be approved when necessitated by the topography.
I.
Minor streets. Minor streets shall be so laid out so as to discourage
their use by through traffic.
J.
Number of intersections. The number of intersections of minor streets
with major streets shall be reduced to the practical minimum consistent
with circulation needs and safety requirements.
K.
Frontage roads. Where a subdivision abuts or contains an existing
or proposed arterial highway, the Village Board may require a frontage
road, nonaccess reservation along the rear of the property contiguous
to such highway or such other treatment as may be necessary to ensure
safe, efficient traffic flow and adequate protection of residential
properties.
L.
Arterial street and highway protection. Whenever the proposed subdivision
contains or is adjacent to a major street or highway, adequate protection
of residential properties, limitation of access and separation of
through and local traffic shall be provided by reverse frontage, with
screen planting contained in a nonaccess reservation along the rear
property line, or by the use of frontage streets.
M.
Private streets. Private streets shall not be approved nor shall
public improvements be approved for any private street; all streets
shall be dedicated for public use.
N.
Visibility. Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
O.
Tangents. A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets.
P.
Street grades.
(1)
Unless necessitated by exceptional topography, subject to the approval
of the Commission, the maximum center-line grade of any street or
public way shall not exceed the following:
(2)
The grade of any street shall in no case exceed 12% or be less than
1/2 of 1%.
(3)
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.
Q.
R.
Half streets. Where a half street is adjacent to the subdivision,
the other half street shall be dedicated by the subdivider.
S.
Intersections.
(1)
Property lines at street intersections of major thoroughfares shall
be rounded with a radius of 15 feet or of a greater radius where the
Plan Commission considers it necessary.
(2)
Provisions of Chapter 620, Zoning, with respect to traffic visibility at street intersections shall also apply here.
(3)
Streets shall intersect each other at as nearly right angles as topography
and other limiting factors of good design permit.
(4)
The number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
T.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial districts,
except that the Village Board, upon the recommendation of the Plan
Commission, may waive this requirement where other definite and assured
provisions are made for service access, such as off-street loading
and parking, consistent with and adequate for the uses proposed. No
alleys shall connect with a major thoroughfare. Alleys in residential
areas other than those zoned for multiple-family use shall not be
permitted. The width of alleys shall be no less than 24 feet.
(2)
Dead-end alleys are prohibited.
U.
Street names. New street names shall not duplicate the names of existing
streets, but streets that are continuations of others already in existence
and named shall bear the names of the existing streets. Street names
shall be subject to approval by the Plan Commission and Village Board.
V.
Street design standards.
(1)
Standards. The minimum right-of-way and roadway width of all proposed
streets and alleys shall be as specified in Minimum Roadway Design
Standards, standards adopted by the Village Board and available from
the Director of Public Works.
(2)
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.
(3)
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 60 feet and a minimum inside
curb radius of 40 feet.
W.
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. Minor streets immediately adjacent and parallel to
railroad rights-of-way shall be avoided, and location of minor streets
immediately adjacent to arterial streets and highways and to railroad
rights-of-way shall be avoided in residential areas.
A.
Length; arrangement. The lengths, widths and shapes of blocks shall
be appropriate for the topography and the type of development contemplated,
but block length in residential areas shall not exceed 1,200 feet
nor have less than sufficient width to provide for two tiers of lots
of appropriate depth between street lines. As a general rule, blocks
shall not be less than 500 feet in length. A block shall be so designated
as to provide two tiers of lots, unless it adjoins a railroad, major
thoroughfare, river or park where it may have a single tier of lots.
B.
Pedestrian pathways. Pedestrian pathways, not less than 12 feet wide,
may be required by the Village Board, upon the recommendation of the
Plan Commission, through the center of a block more than 900 feet
long, where deemed essential to provide circulation or access to schools,
playgrounds, shopping centers, transportation and other community
facilities.
C.
Trees. The Village Board may require that certain species of trees
be planted on both sides of all streets. Street trees when planted
shall not be less than 60 feet apart with a minimum of one per lot.
They should preferably be placed six feet to 20 feet inside the property
line rather than in the boulevard. The minimum size and type to be
planted shall conform to the provisions of applicable ordinances.[1]
A.
Size, shape and orientation of lots shall be appropriate for the location of topography of the subdivision and for the type of development contemplated, provided that no lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 620, Zoning.
B.
Lot dimensions and setbacks shall conform to the requirements of Chapter 620, Zoning, for the appropriate district in which the property is located.
C.
Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 620, Zoning.
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 to permit building setback from both streets, as required by Chapter 620, Zoning.
F.
Every lot shall abut or face a public street. Lots outside the corporate
limits may abut or face a private street, if permitted by the Village
Board.
G.
Butt lots will be permitted by the Plan Commission only in exceptional
cases. Permitted butt lots shall be platted at least five feet wider
than the average width of interior lots in the block.
H.
Side lot lines shall be substantially at right angles to or radial
to abutting street lines.
I.
In case a tract is divided into parcels of more than 1 1/2 acres in area, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 620, Zoning.
J.
Double frontage and reversed frontage lots shall be avoided except
where necessary to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.
K.
In the subdividing of any land, regard shall be shown for all natural
features, such as tree growth, watercourses, historic spots or similar
conditions which, if preserved, will add attractiveness and stability
to the proposed development.
L.
All remnants of lots below minimum size left over after subdividing
of a larger tract must be added to adjacent lots or a plan shown as
to future use rather than allowed to remain as unusable parcels.
M.
In the case where a proposed plat is adjacent to a limited access
highway, other major highway or thoroughfare, there shall be no direct
vehicular access from individual lots to such streets and roads. In
the platting of small tracts of land fronting on limited access highways
or thoroughfares where there is no other alternative, a temporary
entrance may be granted; as neighboring land becomes subdivided and
more preferable access arrangements become possible, such temporary
access permits shall become void.
A.
Drainage system required. A drainage system shall be designed and
constructed by the subdivider to provide for the proper drainage of
the surface water of the subdivision and the drainage area of which
it is a part. A final plat shall not be approved until the subdivider
shall submit plans, profiles and specifications as specified in this
section, which have been prepared by a registered professional engineer
and approved by the Village Engineer.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village Engineer and Plan Commission
a report on the ability of existing watercourse channels, storm sewers,
culverts and other improvements pertaining to drainage or flood control
within the subdivision to handle the additional runoff which would
be generated by the development of the land within the subdivision.
Additional information shall be submitted to adequately indicate that
provision has been made for disposal of surface water without any
damage to the developed or undeveloped land downstream or below the
proposed subdivision. The report shall also include:
(2)
A grading plan for the streets, blocks and lots shall be submitted
by the subdivider for the area within the subdivision.
(3)
The design criteria for storm drainage systems shall be based upon
information provided by the Village Engineer.
(4)
Material and construction specifications for all drainage projects
(i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with
specifications provided by the Village Board or Village Engineer.
C.
Grading. The subdivider shall grade each subdivision in order to
establish street, block and lot grades in proper relation to each
other and to topography as follows:
(1)
The subdivider shall grade the full width of the right-of-way of
all proposed streets in accordance with the approved plans.
(2)
Block grading shall be completed by one or more of the following
methods:
(a)
A ridge may be constructed along the rear lot lines which provides
for drainage onto the streets.
(b)
Parts of all lots may be graded to provide for drainage to the
street or to a ditch along the rear lot line.
(c)
Draining across rear or side lot lines may be permitted provided
that drainage onto adjoining properties is skillfully controlled.
D.
Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.
(1)
Street drainage. All streets shall be provided with an adequate storm
drainage system. The street storm system shall serve as the primary
drainage system and shall be designed to carry street, adjacent land
and building stormwater drainage. No stormwater shall be permitted
to be run into the sanitary sewer system within the proposed subdivision.
(2)
Off-street drainage. The design of the off-street drainage system
shall include the watershed affecting the subdivision and shall be
extended to a watercourse or ditch adequate to receive the storm drainage.
When the drainage system is outside of the street right-of-way, the
subdivider shall make provisions for dedicating an easement to the
Village to provide for the future maintenance of said system. Easements
shall be a minimum of 20 feet, but the Village may require larger
easements if more area is needed due to topography, size of watercourse,
etc.
E.
Protection of drainage systems. The subdivider shall adequately protect
all ditches to the satisfaction of the Village Board and Village Engineer.
Ditches and open channels shall be seeded, sodded or paved depending
upon grades and soil types. (Generally ditches or channels with grades
up to 1% shall be seeded, those with grades up to 4% shall be sodded
and those with grades over 4% shall be paved.)
A.
Design capacity. All improvements shall be installed to satisfy the
service requirements for the service or drainage area in which the
subdivision is located, and the improvements shall be of sufficient
capacity to handle the expected development of the overall service
or drainage area involved.
B.
Extra-size improvements. Where improvements in excess of the size
needed to serve just the proposed subdivision are required, the subdivider
shall pay for the total cost of improvements he is required to install
to serve his subdivision. The additional costs which result from the
extra-size improvement shall be paid for by the Village. Thus, when
conditions within the whole drainage area will require an eighteen-inch
sanitary sewer, for example, and a twelve-inch sewer will adequately
serve the subdivision involved, the subdivider shall construct the
eighteen-inch utility and bill the Village for the difference in material
costs between a twelve-inch and eighteen-inch sewer pipe.
C.
Off-site extensions. When streets or utilities are not available
at the boundary of the proposed subdivision, the Village, or its duly
authorized representative, shall require, as a prerequisite to approval
of a final plat, assurances that such improvement extensions shall
be provided as follows:
(1)
Extensions of utilities onto the property involved shall be adequate
to serve the total development requirements of the service or drainage
area. Utilities leaving the property shall be constructed in such
a manner as to make their extension practical for servicing the adjacent
areas of the service or drainage area.
(2)
If the Village, or its duly authorized representative, finds that
extensions across undeveloped areas would not be warranted as a special
assessment to the intervening properties or as a governmental expense
until some future time, the developer shall be required, if he wishes
to proceed with the development, to obtain necessary easements or
rights-of-way and construct and pay for such extensions. Such improvements
shall be available for connections by subdividers of adjoining land,
and the subdivider may contract with adjacent property owners and/or
subdividers of adjacent land for reimbursement of the oversize and/or
off-site improvements constructed.
D.
Where sanitary sewer lift stations and force mains are required to
lift sewage to the gravity system, the subdivider shall have plans,
profiles and specifications prepared for the installation of such
facilities. The installation, inspection, supervision and engineering
fees for lift stations and/or force mains shall be paid for by the
subdivider unless otherwise determined and agreed upon by the Village
Board.
A.
General.
(1)
If a proposed subdivision includes land that is zoned for commercial
or industrial purposes, the layout of the subdivision with respect
to such land shall make such provisions as the Village may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 620, Zoning. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Village, and shall conform to the proposed land use standards established by the Comprehensive Plan, Official Map and Chapter 620, Zoning.
B.
Standards. In addition to the principles and standards in these regulations,
which are appropriate to the planning of all subdivisions, the applicant
shall demonstrate to the satisfaction of the Village that the street,
parcel and block pattern proposed is specifically adapted to the uses
anticipated and takes into account other uses in the vicinity. The
following principles and standards shall be observed:
(1)
Proposed industrial parcels shall be suitable in area and dimensions
to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated to be generated thereupon.
(3)
Special requirements may be imposed by the Village with respect to
street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the Village with respect to
the installation of public utilities, including water, sewer and stormwater
drainage.
(5)
Every effort shall be made to protect adjacent residential areas
from potential nuisance from a proposed commercial or industrial subdivision,
including the provision of extra depth in parcels backing up on existing
or potential residential development and provisions for permanently
landscaped buffer strips when necessary.
(6)
Streets carrying nonresidential traffic, especially truck traffic,
shall not normally be extended to the boundaries of adjacent existing
or potential residential areas.
A.
General requirements. The following required improvements shall be
installed in accordance with the engineering standards and specifications
which have been adopted by the Village Board and filed with the Director
of Public Works. Where standards and specifications have not been
adopted, the improvements shall be made in accordance with good engineering
practices.
B.
Guarantee for installation of required improvements.
(1)
Payment for installation of improvements. The required improvements
to be furnished and installed by the subdivider, which are listed
and described in this chapter, are to be furnished and installed at
the sole expense of the subdivider; provided, however, that in the
case of an improvement, the cost of which would by general policy
be assessed only in part to the improved property and the remaining
cost paid out of general tax levy, provision may be made for payment
of a portion of the cost by the subdivider and the remaining portion
of the cost by the Village. If any improvement installed within the
subdivision will be of substantial benefit to land beyond the boundaries
of the subdivision, provision may be made for causing a portion of
the cost of the improvement, representing the benefit to such land,
to be assessed against the same, and in such case the subdivider will
be required only to pay for such portion of the whole cost of said
improvement as will represent the benefit to the property within the
subdivision.
(2)
Required agreement providing for proper installation of improvements.
(a)
Prior to installation of any required improvements and prior
to approval of the final plat, the subdivider shall enter into a written
contract with the Village requiring the subdivider to furnish and
construct said improvements at his sole cost and in accordance with
plans and specifications and usual contract conditions, which shall
include provision for supervision of details of construction by the
Village Engineer and grant to the Engineer authority to correlate
the work to be done under said contract by any subcontractors authorized
to proceed thereunder with any other work being done or contracted
by the Village in the vicinity.
(b)
The agreement shall require the subdivider to make an escrow
deposit or in lieu thereof to furnish a performance bond, the amount
of the deposit and the penal amount of the bond to be equal to 1 1/4
times the Engineer's estimate of the total cost of the improvements
to be furnished under the contract, including the cost of inspection.
(c)
On request of the subdivider, the contract may provide for completion
of part or all of the improvements covered thereby prior to acceptance
of the plat, and in such event the amount of the deposit or bond shall
be reduced in a sum equal to the estimated cost of the improvements
so completed prior to acceptance of the plat only. If the required
improvements are not complete within the specified period, all amounts
held under performance bond shall be turned over and delivered to
the Village and applied to the cost of the required improvements.
Any balance remaining after such improvements have been made shall
be returned to the owner or subdivider. The Village Board, at its
option, may extend the bond period for an additional period not to
exceed two years.
(d)
The time for completion of the work and the several parts thereof
shall be determined by the Village Board upon recommendation of the
Engineer after consultation with the subdivider.
C.
Procedure.
(1)
Construction plans and specifications. Construction plans for the
required improvements conforming in all respects with the standards
of the Village Engineer and the ordinances of the Village shall be
prepared at the subdivider's expense by professional engineer
who is registered in the State of Wisconsin, and said plans shall
contain his seal. Such plans, together with the quantities of construction
items, shall be submitted to the Village Engineer for his approval
and for his estimate of the total cost of the required improvements;
upon approval they shall become a part of the contract required. Simultaneously
with the filing of the preliminary plat with the Village Clerk-Treasurer
or as soon thereafter as practicable, copies of the construction plans
and specifications shall be furnished for the following public improvements:
(a)
Street plans and profiles showing existing and proposed grades,
elevations and cross sections of required improvements.
(b)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(c)
Storm sewer and open channel plans and profiles showing the
locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(d)
Water main plans and profiles showing the locations, sizes,
elevations and materials of required facilities.
(e)
Erosion and sedimentation control plans showing those structures
required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation.
(f)
Planting plans showing the locations, age, caliper, species
and time of planting of any required grasses, vines, shrubs and trees.
(g)
Additional special plans or information as required by Village
officials.
(2)
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this Code and other pertinent Village design
standards recommended by the Village Engineer and approved by the
Village Board. If he rejects the plans and specifications, he shall
notify the owner, who shall modify the plans or specifications or
both accordingly. When the plans and specifications are corrected,
the Village Engineer shall approve the plans and specifications for
transmittal to the Village Board. The Village Board shall approve
the plans and specifications before the improvements are installed.
(3)
Construction and inspection.
(a)
Prior to starting any of the work covered by the plans approved
above, written authorization to start the work shall be obtained from
the Village Engineer upon receipt of all necessary permits and in
accordance with the construction methods of this chapter.
(b)
Construction of all improvements required by this chapter shall
be completed within two years from the date of approval of the preliminary
plat by the Village Board, unless good cause can be shown for the
Village Board to grant an extension.
(c)
During the course of construction, the Village Engineer shall
make such inspections as he deems necessary to ensure compliance with
the plans and specifications as approved. The owner shall pay the
actual cost incurred by the Village for such inspections. This fee
shall be the actual cost to the Village of inspectors, engineers and
other parties necessary to ensure satisfactory work.
(4)
As-built plans. After completion of all public improvements and prior
to final acceptance of said improvements, the subdivider shall make
or cause to be made a map showing the actual location of all valves,
manholes, stubs, sewers and water mains and such other facilities
as the Village Engineer shall require. This map shall be in black
pencil on tracing paper and shall bear the signature and seal of a
professional engineer registered in Wisconsin. The presentation of
the map shall be a condition of final acceptance of the improvements
and release of the surety bond assuring their completion.
D.
Street, alley and sidewalk improvements. The developer shall construct
streets and sidewalks as outlined on the approved plans based on the
requirements of this Code.
(1)
Grading. With the submittal of the final plat, the subdivider shall
furnish drawings which indicate the existing and proposed grades of
streets and alleys shown on the plat. Proposed grades will be reviewed
by the Village Engineer for conformance with Village standards and
good engineering practice. Street grades require the approval of the
Village Board after receipt of the Village Engineer's recommendations.
After approval of the street grades, the subdivider shall grade the
full width of the right-of-way of the streets and alleys proposed
to be dedicated, including the vision clearance triangle on corner
lots. In cases where an existing street right-of-way is made a part
of the plat or abuts the plat, the subdivider shall grade that portion
of the right-of-way between the existing pavement and the property
line. The bed for the roadways in the street rights-of-way shall be
graded to subgrade elevation. The Village Engineer shall approve all
grading within rights-of-way and said grading shall extend for a sufficient
distance beyond the right-of-way to ensure that the established grade
will be preserved. Where electric and other communications or utilities
facilities are to be installed underground, the utility easements
shall be graded to within six inches of the final grade by the subdivider,
prior to the installation of such facilities; earth fill piles or
mounds of dirt or construction materials shall not be stored on such
easement areas.
(2)
Street and sidewalk construction.
(a)
After sanitary sewer, storm sewer and water utilities have been
installed, the subdivider shall construct and dedicate, as part of
the subdivision, streets, curbs and gutters and sidewalks, including
those adjacent to platted lots in existing street rights-of-way abutting
the plat. The subdivider shall surface roadways to the widths prescribed
by the Village Board on recommendation of the Plan Commission and
the Village Engineer. Construction shall be to Village standard specifications
for street improvements.
(b)
The Village Board shall have the option of not requiring the
construction of sidewalks within street rights-of-way in cases where
it determines, after consultation with the Plan Commission and the
Village Engineer, that sidewalks are not necessary because of low-density
land use and low pedestrian volumes or for access to schools and bus
routes or for continuity of existing sidewalk or bicycle route systems
or because of a cul-de-sac or loop street pattern. Consideration shall
also be given to the pattern of development of adjoining lands and
to the possibility of damage to trees.
(c)
Dedicated walkways shall be improved by the subdivider to a
grade and width approved by the Village Engineer and with surfacing
as required by the Village Board based on the location and the amount
and character of use. The subdivider shall submit standard drawings
indicating the existing and proposed grades.
(3)
Completion of street and sidewalk construction.
(a)
Prior to any building permits being issued on lands adjacent
to streets and/or sidewalks, all street and sidewalk construction
shall be completed by the subdivider, approved by the Director of
Public Works and/or the Village Engineer and accepted by the Village
Board.
(b)
The Director of Public Works and/or the Village Engineer may
issue a waiver of these requirements in unusual or special circumstances
such as excessively severe weather conditions, heavy construction
temporarily in area or construction material shortages (i.e., cement,
asphalt). The issuance of a waiver shall be at the discretion of the
Director of Public Works and/or the Village Engineer and shall be
based upon the written request of the subdivider.
(c)
The subdivider requesting a waiver shall present such information
and documentation required by the Director of Public Works. The waiver
shall be in written form and shall detail which improvement requirements
are temporarily waived and for what period of time.
(4)
Curb and gutter. After the installation of all utility and stormwater
drainage improvements, the subdivider shall construct concrete curbs
and gutters in accordance with plans and standard specifications approved
by the Village Board or its designee. Wherever possible, provision
shall be made at the time of construction for driveway access curb
cuts.
E.
Sanitary sewerage system design standards. There shall be provided
a sanitary sewerage system in conformity with the master plan of sewers
as approved by the Village Board and/or sewerage district. The subdivider
shall install adequate sanitary sewer facilities and connect them
to sewer mains subject to specifications and inspection of the Village
Engineer. The subdivider shall pay all the costs of all sanitary sewer
work, including the bringing of the sanitary sewer from where it exists
to the subdivision in question as well as providing all sanitary sewer
work within the subdivision. The cost of providing and installing
sewer pipe of sizes larger or at a greater depth than required to
serve the area shall be borne by the Village, as agreed upon between
the landowner and the Village Board prior to approval of the preliminary
plat or certified survey map, pursuant to this chapter. The size,
type and installation of all sanitary sewers proposed to be constructed
shall be in accordance with plans and standard specifications approved
by the Village.
F.
Water supply system design standards. There shall be provided a water
supply system in conformity with the master plan of the water system
as approved by the Village Board. The subdivider shall construct water
mains in such a manner as to make adequate water service available
to each lot within the subdivision. If municipal water service is
not available, the subdivider shall make provision for adequate private
water systems as specified in applicable ordinances. The Village may
require the installation of water laterals to the street lot line.
The size, type and installation of all public water mains proposed
to be constructed shall be in accordance with plans and standard specifications
approved by the Village.
G.
Stormwater drainage facilities. Pursuant to § 614-11, the subdivider shall provide stormwater drainage facilities which may include curb and gutter, catch basins and inlets, storm sewers, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate the twenty-five-year storm. Storm drainage facilities shall be so designed as to present no hazard to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Engineer. The subdivider shall pay all costs of all storm sewer work, except that the subdivider shall not be required to pay for any storm sewers that are required to bring the storm sewers to the subdivision nor shall he be required to install any storm sewers that are more than 18 inches in diameter.
H.
Other utilities. The subdivider shall cause gas, electrical power
and telephone facilities to be installed in such a manner as to make
adequate service available to each lot in the subdivision. No such
electrical or telephone service shall be located on overhead poles
along the front lot lines unless otherwise allowed due to exceptional
topography or other physical barrier. Plans indicating the proposed
location of all gas, electrical power and telephone distribution and
transmission lines required to service the plat shall be approved
by the Village Board and such map shall be filed with the Village
Clerk-Treasurer.
I.
Streetlamps. The subdivider shall install streetlamps along all streets
proposed to be dedicated of a design compatible with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Director of Public Works.
J.
Street signs. The subdivider shall install at the intersections of
all streets proposed to be dedicated a street sign of a design specified
by the Director of Public Works.
K.
Material standards. All improvements constructed under this chapter
shall be of the standards, where applicable, established by the State
Department of Transportation's Standard Specifications for Roads
and Bridges. Where the Department of Transportation's specifications
do not apply, the standards shall be as approved by the Village Engineer.[2]
L.
Improvements complete prior to approval of final plat. Improvements
within a subdivision which have been completed prior to application
for approval of the final plat or execution of the contract for installation
of the required improvements shall be accepted as equivalent improvements
in compliance with the requirements only if the Village Engineer shall
certify that he is satisfied that the existing improvements conform
to applicable standards.
A.
Utility easements. The Village Board, on the recommendation of the
Plan Commission and other appropriate agencies of the Village, shall
require utility easements for poles, wires, conduits, storm and sanitary
sewers, gas, water and head mains or other utility lines. It is the
intent of this chapter to protect all established easements so as
to assure proper grade, assure maintenance of the established grade,
prohibit construction of permanent fences or retaining walls over
underground installation and prevent the planting of trees in the
easement area.
B.
Drainage easements.
(1)
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream:
(a)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section; or
(b)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
assured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(2)
Wherever possible, it is desirable that drainage be maintained by
an open channel with landscaped banks and adequate width for maximum
potential volume flow. In all cases, such watercourse shall be of
a minimum width established at the high-water mark or, in the absence
of such specification, not less than 30 feet.
C.
Easement locations. Such easements shall be at least 12 feet wide
and may run across lots or alongside of rear lot lines. Such easements
should preferably be located along rear lot lines. Evidence shall
be furnished the Plan Commission that easements and any easement provisions
to be incorporated in the plat or in deeds have been reviewed by the
individual utility companies or the organization responsible for furnishing
the services involved.
A.
Purpose. The requirements of this section are established to ensure
that adequate parks, open spaces and sites for other public uses are
properly located and preserved as the Village grows. This section
has also been established to ensure that the cost of providing the
park and recreation sites and facilities necessary to serve the additional
people brought into the community by land development may be equitably
apportioned on the basis of the additional needs created by the development.
The requirements shall apply to all lands proposed for all residential
development.
B.
Design. In the design of a subdivision, land division, planned unit
development or development project, provision shall be made for suitable
sites of adequate area for schools, parks, playgrounds, open spaces,
drainageways and other public purposes. Such sites as are shown on
the Official Map, Comprehensive Plan or Parks and Open Space Plan
shall be made a part of the design. Consideration shall be given to
the preservation of scenic and historic sites, stands of trees, marshes,
lakes, ponds, streams, watercourses, watersheds and ravines and woodland,
prairie and wetland plant and animal communities.[1]
C.
Dedication of lands for streets and public ways. Whenever a tract
of land to be subdivided embraces all or any part of an arterial street,
drainageway or other public way which has been designated in the Comprehensive
Plan, Comprehensive Plan component or on the Official Map of the Village,
said public way shall be made a part of the plat and dedicated or
reserved by the subdivider in the locations and dimensions indicated
on said plan or map and as set forth in this chapter.
D.
Dedication of lands for playgrounds, parks and public lands. The subdivider shall designate on every new preliminary plat an area of land suitable for playground, park or school purposes and shall dedicate said lands to the public at the rate of one acre for each 25 proposed dwelling units, or the Village Board, upon the recommendation of the Plan Commission, may waive the requirement for dedication of land, except when said dedication involves lands designated in the Comprehensive Plan, Comprehensive Plan component or on the Official Map of the Village. In lieu of dedication, the Village shall levy a public site fee against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in Subsection E.
E.
Fee in lieu of dedication.
(1)
Where, in the discretion of the Village, there is no land suitable
for parks within the proposed subdivision or the dedication of land
would not be compatible with the Village's Comprehensive Plan
or Village officials determine that a cash contribution would better
serve the public interest, the Plan Commission shall recommend to
the Village Board that the subdivider pay a fee in lieu of making
the required land dedication.[2]
(2)
Where a fee in lieu of land system is used, the subdivider shall
pay to the Village a fee equivalent to the fair market value of one
acre for each 25 proposed dwelling units. The fair market value of
such a residential lot shall be determined by the Village Assessor.
(3)
If the amount of land required to be dedicated other than for streets
and drainageways as indicated on the Comprehensive Plan, Comprehensive
Plan component or Official Map of the Village totals less than the
ratio of one acre for each 25 proposed dwelling units, the subdivider
shall pay to the Village a fee equivalent to the fair market value
of the amount of land representing the difference between the amount
of land required to be dedicated, other than the streets and drainageways,
as indicated on said plans or maps and the rate of dedication established
herein.[3]
(4)
The Plan Commission may recommend that the subdivider satisfy the
requirements by combining land dedication with fee payments. The fee,
in such cases, shall be determined by subtracting the fair market
value of the dedicated land from the total fee which would have been
imposed had no land been dedicated by the subdivider. The fair market
value shall be determined by the Village Assessor.
F.
Development of area.
(1)
When 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 Village officials, fertilized with
a 16-6-6 fertilizer at the rate of seven pounds per 1,000 square fee
and mulched as specified in the Standard Specifications for Road and
Bridge Construction, Sections 627 and 629. The topsoil furnished for
the park site shall consist of the natural loam, sandy loam, silt
loam, silty clay loam or clay loam humus-bearing soils adapted to
the sustenance of plant life, and such topsoil shall be neither excessively
acid nor excessively alkaline. Fine grading and seeding must occur
within one year following issuance of the first building permit within
that subdivision unless otherwise authorized by the Village Board.
(2)
It shall be the duty of the Village to maintain the dedicated areas,
and the owner who dedicated said land shall in no way be responsible
for its maintenance or liability thereon, except that said owner shall
not develop the surrounding area in a manner which would unduly depreciate
the purpose, use or value of the dedicated property and except if
such owner shall reside on one of the subdivided parcels, in which
case he shall be responsible for the maintenance of adjacent public
property as may be required in other laws of the Village.
A.
Where, in the judgment of the Village Board, on the recommendation
of the Plan Commission, it would be inappropriate to apply literally
the provisions of this chapter because of the proposed subdivision
being located outside of the corporate limits or because exceptional
or undue hardship would result, the Village Board may waive or modify
any requirements to the extent deemed just and proper. Application
for any such variance shall be made in writing by the subdivider at
the time when the preliminary plat is filed for consideration, stating
fully all facts relied upon by the petitioner, and shall be supplemented
with maps, plans or other additional data which may aid the Plan Commission
in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions
necessary to guarantee the full achievement of the plan.
B.
The Plan Commission shall not recommend nor shall the Village Board
grant variations or exceptions to the regulations of this chapter
unless it shall make findings based upon the evidence presented to
it in each specific case that:
(1)
The granting of the variation will not be detrimental to the public
safety, health or welfare or injurious to other property or improvements
in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation is based are
unique to the property for which the variation is sought and are not
applicable generally to other property.
(3)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
C.
Any recommendations by the Plan Commission shall be so endorsed by
the Secretary and transmitted to the Village Board. The Village Board,
if it approves, shall do so by motion or resolution and instruct the
Village Clerk-Treasurer to notify the Plan Commission and the owner.
D.
Such relief shall be granted without detriment to the public good
and without impairing the intent and purpose of this chapter or the
desirable general development of the community in accordance with
the Comprehensive Plan or Zoning Code of the Village. A majority vote
of the entire membership of the Village Board shall be required to
grant any modification of this chapter, and the reasons shall be entered
in the minutes of the Board.
E.
The Village Board may waive the placing of monuments, required under
§ 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable
time on condition that the subdivider execute a surety bond to insure
the placing of such monuments within the time required.
A.
Violations. It shall be unlawful to build upon, divide, convey, record
or monument any land in violation of this chapter or the Wisconsin
Statutes, and no person shall be issued a building permit by the Village
authorizing the building on, or improvement of, any subdivision, land
division or replat within the jurisdiction of this chapter not of
record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully met. The Village
may institute appropriate action or proceedings to enjoin violations
of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
(2)
Recordation improperly made has penalties provided in § 236.30,
Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties provided for
in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have 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. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10, 14 and 15, Wis. Stats., within 30 days of notification
of the rejection of the plat. Where failure to approve is based on
an unsatisfied objection, the agency making the objection shall be
made a party to the action. The court shall direct that the plat be
approved if it finds that the action of the approving or objecting
agency is arbitrary, unreasonable or discriminatory.
