[HISTORY: Adopted by the Common Council of the City of Shawano 10-4-1983 by Ord. No. 861 (Ch. 18 of the 1982 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Utilities — See Ch. 6.
Zoning Code — See Ch. 10.
Building Code — See Ch. 12.
Bond Schedule — See Ch. 20.
The purpose of this chapter is to regulate and control the division of land within the corporate limits and extra-territorial plat approval jurisdiction of the City in order to promote the public health, safety, prosperity, aesthetics and general welfare of the community. It is the intent of this chapter to regulate the division of land as to lessen congestion in the streets and highways; to further the orderly layout and use of land; to ensure proper legal description and proper monumenting of subdivided land; to secure safety from fire, panic and other damages; to provide adequate light and air; to prevent the overcrowding of land and avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds and other public requirements; to facilitate the further division of larger tracts into smaller parcels of land; to provide for the administration and enforcement of this chapter; to provide penalties for its violation; and in general to facilitate enforcement of community development standards as recommended in the Comprehensive Plan, and as set forth in the Zoning Code, the Building Code and the Official Map of the City.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
For the purposes of this chapter, the following definitions shall be used. Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number.
ALLEY
A special public or private way affording only secondary access to abutting properties.
[Amended 9-8-1999 by Ord. No. 1419]
BUILDING LINE
A line parallel to a lot line and at a distance from the lot line to comply with the setback requirements of the Zoning Code.[1]
COLLECTOR STREET
A street used or intended to be used to carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets to residential developments.
COMMUNITY
A town, municipality or a group of adjacent towns and/or municipalities having common social, economic or physical interests.
COMPREHENSIVE PLAN
The developed plan, also called a "Master Plan," recommended by the Plan Commission and adopted by the Council as an advisory plan pursuant to W.S.A. s. 62.23, including proposals for future land use, transportation, urban redevelopment and public facilities. Devices for the implementation of these plans, such as zoning, Official Map, subdivision and platting ordinance and capital improvement programs, shall also be considered a part of the Comprehensive Plan.
CUL-DE-SAC STREET
A minor street closed at one end with a turnaround provided for vehicular traffic.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
The unincorporated area within 1 1/2 miles of the City limits of Shawano.
FRONTAGE STREET
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.
MAJOR STREET
A street used, or intended to be used, primarily for fast or heavy through traffic.
MINOR STREET
A street used, or intended to be used, primarily for access to abutting properties.
MINOR SUBDIVISION
The division of land by the owner or subdivider resulting in the creation of up to four parcels or building sites, any one of which is four acres or less in size, or the division of a block, lot or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot or outlot and shall be accomplished by the use of a certified survey map prepared according to W.S.A. s. 236.34.
REPLAT
The changing of the boundaries of a recorded subdivision plat or part thereof.
SHALL
The word "shall" is mandatory and not directory.
SUBDIVIDER
Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a minor subdivision, subdivision or replat.
SUBDIVISION
The division of a lot, parcel or tract of land by the owners thereof, or their agents, for the purpose of transfers of ownership or building development where the act of division creates five or more parcels or building sites of four acres each or less in area; or where the act of division creates five or more parcels or building sites of four acres each or less in area by successive divisions within a period of five years.
[1]
Editor's Note: See Ch. 10, Zoning Code.
Jurisdiction of these regulations shall include all lands within the corporate limits of the City as well as the unincorporated area within 1 1/2 miles of the corporate limits. The provisions of this chapter as it applies to divisions of tracts of land into less than five parcels shall not apply to:
(1) 
Transfers of interests in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
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 these regulations, the Zoning Code[1] or other applicable laws or ordinances.
[1]
Editor's Note: See Ch. 10, Zoning Code.
[Amended 9-18-1999 by Ord. No. 1419; 8-12-2020 by Ord. No. 1985]
No person shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, minor subdivision, lot line adjustment, parcel combination or replat as defined herein; no such subdivision, minor subdivision, lot line adjustment, parcel combination 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:
(1) 
Provisions of W.S.A. Ch. 236.
(2) 
Rules of the Wisconsin State Department of Commerce regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.
(3) 
Rules of the State Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state trunk highway or connecting street.
(4) 
Rules of the Department of Natural Resources, and the approval of the Department of Commerce shall be required when plat lies within 500 feet of the ordinary high-water mark or any navigable stream, lake or other body of navigable water.
(5) 
The Zoning Code, Official Map and all other applicable ordinances of the City.
(6) 
Applicable local and county ordinances.
Whenever a subdivision embraces all or any part of any street, drainageway or other public way designated in said Comprehensive Plan or Official Map, such part of such proposed public way shall be platted and dedicated by the subdivider in the location and at the dimensions indicated on the plan or map.
Lot divisions and subdivision lot sizes shall conform to the area and width requirements of the Zoning Code.[1] In commercial and industrial districts, lotting shall be to widths and areas appropriate for the prescribed use and development contemplated.
[1]
Editor's Note: See Ch. 10, Zoning Code.
All redivisions of platted lots within the corporate limits of the City must be filed for approval with the Plan Commission, and if redivisions result in the creation of four lots or less, they shall be recorded on a certified survey map meeting all the requirements of W.S.A. s. 236.34. Where a redivision of platted lots lies within a duly recorded subdivision plat and five or more lots are created, a replat according to state statutes shall be required and recorded.
In order that adequate open spaces and sites for public uses may be properly located and reserved, and in order that the cost of providing the sites necessary to serve the additional families may be most equitably apportioned on the basis of the additional need created by the individual subdivision development, the following provisions shall be applicable: Whenever a proposed park or other public land, other than streets or drainageways, designated in the Comprehensive Plan or on the Official Map of the City, is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be made a part of the plat and shall be reserved by the subdivider for a period not to exceed two years unless extended by mutual agreement for acquisition by the City.
[Amended by Ord. No. 862; 12-8-1999 by Ord. No. 1430]
An agreement (developers agreement) shall be entered into with the subdivider, the City and the Utilities relative to the installation of streets and utilities as hereinafter provided. The agreement shall indicate sequential development of the entire subdivision. Each sequence shall include all required improvements. The subdivider shall enter into a contract with the City agreeing to install the required improvements or show proof that improvements are being subcontracted. Any contractors or subcontractors who are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way shall be subject to the approval of the Director of Public Works for street work and the Manager of Utilities for utility work.
(1) 
Where, in the judgment 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 Plan Commission shall recommend to the Council that it waive or modify any requirement to the extent deemed just and proper. The final action and determination shall be made by the Council.
(2) 
Such relief shall be granted without impairing the intent and purpose of this chapter. A three-fourths vote of the entire membership of the Plan Commission shall be required to recommend any modification of this chapter, and the reasons shall be entered in the minutes of the Commission, a copy of which shall be forwarded to the Council for final action and determination.
No land shall be subdivided for residential use which is held unsuitable for such use as recommended by the Plan Commission to the Council for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or of the community. The Plan Commission, in recommending the application of the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he or she so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its recommendation of unsuitability.
An Assessor's plat made under W.S.A. s. 70.27 may be ordered by the City at the expense of the owners and charged back to the owners by special assessment.
[Amended 12-8-1999 by Ord. No. 1431]
It is recommended that, prior to the filing of an application for approval of the preliminary plat, the subdivider consult with the City Administrator, Director of Public Works and all Utilities for advice and assistance. This step does not require formal application, fee or filing of a plat, but is intended to informally advise the subdivider of the purpose and objectives of these regulations and the Official Map and to informally reach mutual conclusions regarding the general program and objectives of the proposed development.
(1) 
Preliminary plat procedure.
(a) 
The subdivider shall cause to be prepared a preliminary plat and supplementary materials by a Wisconsin registered land surveyor and shall file with the Clerk-Treasurer a written application (two copies) for conditional approval of said plat, accompanied by eight blueline prints or other acceptable reproductions, at least 10 days prior to the meeting of the Plan Commission at which action is desired. The Clerk-Treasurer shall retain an application and one plat map. The remaining application and maps shall be forwarded to the Chairman of the Plan Commission for use by the Commission.
(b) 
The preliminary plat should cover the entire area owned by the subdivider even though only a small portion is proposed for development at the time. The Plan Commission may waive this requirement where it is unnecessary to fulfill the purpose of this chapter and undue hardship would result from strict application thereof.
(c) 
Following review of the preliminary plat and other material submitted for conformity with all ordinances, administrative rules and regulations, negotiations with the subdivider on changes deemed advisable, and the kind and extent of public improvements which will be required, the Plan Commission and the Council shall, within 90 days of filing of the plat, approve, approve conditionally or reject the plat. Failure of the Plan Commission and the Council to act within the 90 days, unless the time is extended by agreement with the subdivider, shall constitute an approval of the preliminary plat.
(d) 
In the event the plat is approved conditionally or rejected, the Council shall state in writing any conditions of approval or reasons for rejection.
(2) 
Final plat procedure.
(a) 
The final plat, a written application for approval and such copies thereof as shall be required shall be submitted to the Clerk-Treasurer within six months of approval of the preliminary plat and at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Council may, however, waive compliance within the six-month time limit, which may be extended by mutual agreement with the subdivider.
(b) 
The subdivider shall not submit the final plat until approval of the Department of Commerce or other state departments, as required by W.S.A. s. 236.12, shall have first been obtained. The Plan Commission shall refer the final plat with its recommendation to the Council within 30 days of its submission unless the time is extended by the Council. The Council shall approve or reject the final plat within 60 days of its submission to the Clerk-Treasurer unless the time is extended by agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the Council meeting and a copy forwarded to the subdivider.
[Amended 9-8-1999 by Ord. No. 1419]
(c) 
The final plat may constitute only that portion of the approved preliminary plat which the subdivider purposes to record at that time.
(d) 
If the original of the final plat has been filed with another approving authority, the subdivider may file a true copy of such plat in lieu of the original. However, before approval of the Council will be inscribed on the original of the final plat, the surveyor or the subdivider shall certify the respects in which the original of the final plat differs from the true copy, and all modifications must first be approved.
(3) 
Plats within the extraterritorial plat approval jurisdiction. When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the City, the subdivider shall proceed as specified in §§ 18.15 through 18.16(2) of this chapter except:
(a) 
Transmittal responsibility lies with the Clerk-Treasurer, Town Clerk or to whomever the plat is first submitted, and the subdivider shall indicate which one in his or her application.
(b) 
Approval agencies include the Council, the Town Board and as listed in § 18.06 of this chapter. The subdivider must comply with the land division regulations of these agencies.
(c) 
Subdivider may proceed with the installation of such improvements and under such regulations as the Town Board of the town within whose limits the plat lies may require. Wherever connection to any City utility is desired, permission for such connection shall require Council approval.
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 W.S.A. ss. 236.36 through 236.44.
(1) 
Initial procedure. When it is proposed to divide land into not more than four parcels or building sites, any one of which is less than four acres in size, 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 boundaries of said block, lot or outlot, the subdivider shall subdivide by use of a certified survey map in accordance with this chapter and shall file an adequate number of copies of the map and the letter of application with the Clerk-Treasurer at least 15 days prior to the meeting of the Plan Commission at which action is desired.
(2) 
Transmittal of copies. The Clerk-Treasurer shall, within two days after filing, transmit the copies of the map and letter of application to the Chairman of the Plan Commission.
(3) 
Review. The Chairman of the Plan Commission shall transmit copies of the map to the members of the Plan Commission and shall also furnish each affected City board, commission or department with a copy of the map for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Plan Commission within 10 days from the date the map is filed. The map shall be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations and comprehensive plans which affect it. The Plan Commission shall refer the certified survey map with its recommendation to the Council within 30 days from the date of filing of the map. The Council shall approve or reject the certified survey map within 60 days of its submission to the Clerk-Treasurer unless the time is extended by mutual agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the Council meeting and a copy forwarded to the subdivider. If the map is approved, the Clerk-Treasurer shall so certify on the original map and return the map to the subdivider.
(4) 
Recordation. The subdivider shall record the map with the County Register of Deeds within 30 days of its approval by the Council.
(5) 
Copies. The subdivider shall file five copies of the recorded certified survey map with the Clerk-Treasurer for distribution to the Director of Public Works, Building Inspector, Utility Manager, Assessor and other affected departments for their files.
[Amended 9-8-1999 by Ord. No. 1419]
[Added 8-12-2020 by Ord. No. 1985[1]]
(1) 
General. A lot line adjustment is required any time there is a lot line revision or change of a lot line between adjoining lots.
(2) 
Consultation. A preliminary consultation with City staff is required to determine potential conflicts and problems affecting the potential lot line adjustment.
(3) 
Plat of survey. A plat of survey is required to adjust an existing lot line between two parcels. A plat of survey will be prepared of the parcel of land to be deeded for the new lot line and a draft will be reviewed by City staff and the County Tax Lister prior to be recommended for approval.
(4) 
Combination form. A combination form is required to combine two adjoining parcels into one parcel. A combination form will be reviewed by City staff and the County Tax Lister prior to being recommended for approval.
(5) 
Approval. Upon recommendation from City and county staff, the Plan Commission members shall be provided with necessary information, including the application and/or plat of survey, if required for their review and recommendation to Council. The Plan Commission shall refer its recommendation to the Council, with the Council making the final determination for approval.
(6) 
Recordation. The applicant shall record the lot line adjustment with the County Register of Deeds within 30 days of its approval by the Council.
(7) 
Copies. The applicant shall file five copies of the recorded certified survey map with the Clerk-Treasurer for distribution to the Director of Public Works, Building Inspector, Utility Manager, Assessor and other affected departments for their files.
[1]
Editor's Note: This ordinance also renumbered former § 18-181, Fees, as § 18.211, where amendment history can be found.
(1) 
General. A preliminary plat shall be required for all subdivisions and shall be based upon a boundary survey by a registered land surveyor and shall be prepared on reproducing 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:
(a) 
The title under which the proposed subdivision is to be recorded and the proposed plat shall be clearly marked "Preliminary Plat."
(b) 
The location of proposed subdivision by government lot, quarter section, section, township, range, county and state.
(c) 
Date, scale and North arrow.
(d) 
Names and addresses of the owner, subdivider and land surveyor preparing the plat.
(e) 
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 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.
(2) 
Plat data. All preliminary plats shall show the following:
(a) 
Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water elevations, all referred to United States Geological Survey (USGS) datum.
(b) 
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.
(c) 
Location and names of any adjacent subdivisions, parks and cemeteries, and owners of record of abutting unplatted lands.
(d) 
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, all to USGS datum.
(e) 
Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drainpipes, the location of manholes, catch basins, hydrants, power and telephone poles, 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 sewer or water mains are located on or immediately adjacent to the tract, the nearest such sewer or water mains which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size and invert elevations.
(f) 
Locations of all existing property boundary lines, structures, drives, streams and watercourses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant features within the tract being subdivided or within 50 feet of the tract.
(g) 
Location, width and names of all proposed streets and public rights-of-way such as alleys and easements.
(h) 
Dimensions and approximate square feet of all lots together with proposed lot and block numbers.
(i) 
Location and 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.
(j) 
Radii of all curves.
(k) 
Existing zoning on and adjacent to the proposed subdivision when the plat is located within the extraterritorial plat approval jurisdiction of the City.
(l) 
Corporate limits lines.
(m) 
Stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access.
(n) 
Any proposed lake and stream improvement or relocation.
(3) 
Street plans and profiles. Proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, may be requested. All elevations shall be based upon USGS datum, and plans and profiles shall meet the approval of the Director of Public Works.
(4) 
Testing. The Director of Public Works may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table. Where the subdivision will not be served by public sanitary sewer service, the regulations of the Department of Commerce shall be complied with, and the appropriate data submitted with the preliminary plat.
[Amended 9-8-1999 by Ord. No. 1419]
(5) 
Covenants. The Plan Commission may require submission of a draft of protective covenants whereby the subdivider intends to regulate land use in the proposed subdivision and otherwise protect the proposed development.
(6) 
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 or she has fully complied with the provisions of this chapter.
(1) 
General. A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of W.S.A. s. 236.20.
(2) 
Additional information. The plat shall show correctly on its face, in addition to the information required by W.S.A. s. 236.20, the following:
(a) 
All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.
(b) 
Special restrictions required by the Plan Commission relating to access control along public ways or to the provision of planting strips.
(3) 
Certificates. All final plats shall provide all the certificates required by W.S.A. s. 236.21, and, in addition, the surveyor shall certify that he or she has fully complied with all the provisions of this chapter.
(1) 
General. A certified survey map prepared by a registered land surveyor shall be required for all minor subdivisions. It shall comply in all respects with the requirements of W.S.A. s. 236.34. In addition, all certified survey maps shall be referred to the Board of Public Works and the Utility Commission prior to Plan Commission action.
[Amended by Ord. No. 985]
(2) 
Additional information. The map shall show correctly on its face, in addition to the information required by W.S.A. s. 236.34, the following:
(a) 
All existing buildings, watercourses, drainage ditches and other features pertinent to proper division.
(b) 
Setbacks or building lines required by the Plan Commission.
(c) 
All lands reserved for future acquisition.
(3) 
Certificates. The surveyor shall certify on the face of the map that he or she has fully complied with all the provisions of this chapter. The Clerk-Treasurer, after a recommendation by the reviewing agencies, shall certify the approval of the Council on the map. Dedication of streets and other public areas shall require, in addition, the owner's certificate and the mortgagee's certificate in substantially the same form as required by W.S.A. s. 236.21(2)(a).
(4) 
Recordation. The certified survey map shall be recorded with the County Register of Deeds after the certificates of the Council and the surveyor are placed on the map.
[[1]Added 12-8-1999 by Ord. No. 1434; amended 6-8-2011 by Ord. No. 1791]
There shall be a fee for a preliminary plat review, final plat review, minor subdivision and planned unit development review in an amount set by Council resolution.
[1]
Editor's Note: Former § 18.211, Payment to the park fund, added 12-8-1999 by Ord. No. 1432, was repealed 9-13-2006 by Ord. No. 1654.
[Added 12-8-1999 by Ord. No. 1433]
Costs incurred by the Plan Commission and/or Council in retaining legal, planning, engineering and other technical and professional advice/services in connection with the review of subdivisions, plats or other land divisions shall be charged to the applicant. The applicant shall be notified if costs will be incurred, and said costs will be paid prior to final approval of said subdivisions, plats or other land divisions by the Council.
(1) 
Street arrangement. In any new subdivision, the street layout shall be developed and located in proper relation to existing and proposed streets, to the topography, to economical utility service, to such natural features as streams and tree growth, to public convenience and safety and to the proposed use of the land to be served by such streets. The arrangement, width, grade and locations of all streets shall conform to the Official Map. All surface drainage of water shall be considered and shown on the proposed street courses.
(a) 
Major streets and highways (arterial streets) shall be properly integrated with the existing and proposed system of major streets and highways and insofar as practicable shall be continuous and in alignment with existing, planned or as platted streets with which they are to connect.
(b) 
Collector streets shall be properly arranged so as to provide ready collection of traffic from residential areas and convey this traffic to the major street and highway system and shall be properly related to special traffic generating from facilities such as schools, churches and shopping centers, to population concentrations and to the major streets into which they feed.
(c) 
Minor streets shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient drainage and sewer systems and to require the minimum amount of street necessary to provide convenient and safe access to abutting property.
(d) 
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 Plan Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts.
(e) 
Major street and highway protection. Whenever the proposed subdivision contains or is adjacent to a major street or highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage (with the backs of lots abutting the major street), with screen planting contained in a nonaccess reservation along the rear property line or by the use of frontage streets.
(f) 
Streams or lakeshores shall have 60 feet of public access platted to the low-water mark at intervals of not more than 1/2 mile as required by W.S.A. s. 236.16(3) and (4).
(g) 
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 City under conditions approved by the Plan Commission.
(h) 
Alleys shall be provided in commercial and industrial districts for off-street loading and service access unless otherwise required by the Plan Commission, but shall not be approved in residential districts. Dead-end alleys shall not be approved, and alleys shall not connect to a major thoroughfare. Alleys shall be not less than 24 feet in width.
(i) 
Street names shall not duplicate or be similar to existing street names, and existing street names shall be projected wherever possible.
(2) 
Treatment of railroad rights-of-way or limited access highways. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Plan Commission may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land, as for park purposes, in residential districts or for commercial or industrial purposes in other districts. Location of minor streets immediately adjacent and parallel to railroad rights-of-way shall be avoided.
(3) 
Protection of major streets and highways where a subdivision borders on or contains a major street or highway. The Plan Commission may require that marginal access streets be provided, or that the backs of lots (reversed frontage) be provided, with a screen planting strip at least 30 feet in depth contained in a nonaccess reservation along the rear property line. The following restriction shall be lettered on the face of the plat: "This strip reserved for the planting of trees and shrubs, the building of structures hereon prohibited."
(4) 
Intersections. Streets shall intersect within 15° of perpendicular to each other to be as nearly as possible at right angles as good design and topography permit. Not more than two streets shall intersect at one point unless approved by the Plan Commission. Street jogs with center-line offsets of less than 125 feet shall be avoided. Where streets intersect major streets, their alignment shall be continuous.
(5) 
Street design standards.
(a) 
Street dimensions.
[Amended by Ord. No. 1285; 11-9-2005 by Ord. No. 1635]
1. 
The right-of-way and roadway of all streets shall be the width specified on the Official Map or Plan or, if no width is specified there, they shall be not less than the width specified as follows:
a. 
Urban section.
Type of Street
Right-of-Way Width To Be Dedicated
(feet)
Pavement Width Surface Shoulder
(feet)
Major streets
80
44 to 52*
Collector streets
66
36 to 44*
Minor streets
60
36
Culs-de-sac
60
36
Alleys
24
20
Pedestrianways
10
5
*
NOTE: The Field Committee shall establish definite pavement widths.
b. 
Rural section.
Pavement Width
Type of Street
Right-of-Way Width to Be Dedicated
(feet)
Surface
(feet)
Shoulder
(feet)
Major streets
80
24
10
Collector streets
66
22
8
Minor streets
60
20
5
Culs-de-sac
60
18
3
2. 
All new subdivisions, urban sections, as set forth herein, shall be required. In the event that special circumstances exist, the Field Committee may grant approval for a rural section, as set forth herein, for a new subdivision.
(b) 
Grades. The grade of major and collector streets shall not exceed 6% unless necessitated by exceptional topography and approved by the Board of Public Works. The grade of any street shall in no case exceed 10% or be less than 0.15%.
(c) 
Alignment and visibility. Clear visibility, measured along the center line, shall be provided for at least 300 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
(d) 
Radii of curvature. When a continuous street center line deflects at any one point more than 5°, a circular curve shall be introduced having a radius of curvature on the center line of not less than the following:
1. 
Major streets: 300 feet.
2. 
Collector streets: 200 feet.
3. 
Minor streets: 100 feet.
(e) 
Half-streets. Where an existing dedicated or platted half-street is adjacent to the tract being subdivided, the other half of the street shall be dedicated by the subdivider. The platting of half-streets should be avoided where possible.
(f) 
Cul-de-sac or dead-end streets. Streets designed to have one end permanently closed shall not exceed 750 feet in length and shall terminate with a turnaround of not less than 100 feet in diameter of right-of-way and a minimum outside curb radius of 40 feet.
(6) 
Easements.
(a) 
Easements of widths deemed adequate by the Plan Commission for the intended purpose across lots or on rear or side lot lines shall be provided where necessary for the construction and maintenance of telephone, electric, gas, water, sanitary sewer, storm sewer, cable television and other utilities. Such easements shall be noted as "Utility Easement" on the final plat or certified survey map. Prior to approval of the final plat or certified survey map, the concurrence of the utility companies serving the area as to the location and width of the utility easements shall be noted on the final plat or certified survey map.
(b) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, an adequate drainageway or easement shall be provided as required by the Plan Commission, conforming substantially with the lines of such watercourse. The location, width, alignment and improvement of such drainageway or easement shall be subject to approval of the Plan Commission.
(7) 
Blocks. The lengths, widths and shapes of blocks shall be compatible to the planned use of the land and the type of development contemplated. Block lengths in residential areas shall not, as a general rule, exceed 1,500 feet nor be less than 400 feet between street lines unless waived by the Plan Commission.
(8) 
Pedestrianways or crosswalks. Pedestrianways or crosswalks not less than 10 feet in width shall be required by the Plan Commission near the center and entirely across any block 900 feet or more in length where deemed essential to provide adequate pedestrian circulation or access to schools, playgrounds, shopping centers, churches or transportation facilities.
(9) 
Utility lines.
(a) 
Overhead utility lines. All utility lines for electric power, community antenna television and telephone service shall be placed in rear lot line easements when carried on overhead poles unless directed otherwise by the Manager of the Utility and approved by the Plan Commission.
(b) 
Underground utility lines. Lines shall be underground in newly platted areas.
1. 
All new electric distribution lines (excluding lines of 15,000 volts or more), all new telephone lines from which lots are individually served, all new telegraph lines and community antenna television cables and services, installed within a newly platted area, mobile home park or planned development, shall be underground unless the Plan Commission shall specifically find after study that:
a. 
The placing of such facilities underground would not be compatible with the planned development;
b. 
Location, topography, soil, stands of trees or other physical conditions would make underground installation unreasonable or impracticable; or
c. 
The lots to be served by said facilities can be served directly from existing overhead facilities.
2. 
Associated equipment and facilities which are appurtenant to underground electric and communications systems such as, but not limited to, substations, pad-mounted transformers, pad-mounted sectionalizing switches and above grade pedestal-mounted terminal boxes may be located above ground.
3. 
The subdivider or his or her agent shall furnish proof to the Plan Commission that such arrangements as may be required under applicable rates and rules have been made with the owner or owners of such lines or services for placing their respective facilities underground as required by this section as a condition precedent to approval of the final plat or certified survey map.
4. 
Temporary overhead facilities may be installed to serve a construction site or where necessary because of severe weather conditions. In the latter case, within a reasonable time, not to exceed one year, after weather conditions have moderated, such temporary facilities shall be removed subject to any exceptions permitted by the Plan Commission under Subsection (9)(b)1a, b and c above.
a. 
Where the electric and communications facilities are to be installed underground, the utility easements shall be graded to within six inches of final grade by the subdivider, prior to the installation of such facilities, and earth fill, piles or mounds of dirt shall not be stored on such easement areas.
b. 
Where the electric and/or communications facilities are to be installed underground, a note shall be placed on the final plat or certified survey map stating that the final grade established by the subdivider on the utility easements shall not be altered by more than six inches by the subdivider, his or her agent or by subsequent owners of the lots on which such utility easements are located, except with written consent of the utility or utilities involved.
(c) 
Lines to be underground in existing plats. Utility lines and services of the kind heretofore described in Subsection (9)(b)1 above constructed in an area which was platted prior to the effective date of this provision and in which such lines and services have not previously been installed shall also be placed underground, subject to the applicable provisions of Subsection (9)(b) above.
(d) 
Street lighting. In a newly platted area, the subdivider shall coordinate the installation of all streetlights within the area being developed with the electric utility serving the subdivision and as approved by the Field Committee.
(10) 
Lots. The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the buildings contemplated.
(a) 
Side lot lines. Side lot lines should be at right angles to straight street lines or radial to curved street lines on which the lots face. Lot lines should follow municipal boundary lines rather than cross them.
(b) 
Double frontage and reverse frontage lots. Double frontage and reverse frontage lots shall be prohibited except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation.
(c) 
Access. Every lot shall front or abut for a distance of at least 30 feet on a public street.
(d) 
Area and dimensions. Lots shall conform to the requirements of the Zoning Code,[1] and in areas not served by public sewer shall, in addition, conform to the requirements of the State Department of Commerce concerning private sewage disposal systems. Whenever a tract is subdivided into large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this chapter.
[Amended 9-8-1999 by Ord. No. 1419]
[1]
Editor's Note: See Ch. 10, Zoning Code.
(1) 
Streets. After the installation of temporary block corner monuments and all underground facilities by the subdivider, and after the street grades have been established by the subdivider and submitted to the Director of Public Works for approval, streets shall be constructed by the subdivider or by a contractor working for the City in accordance with the following standards:
[Amended by Ord. No. 1276]
(a) 
Grading and graveling. The subdivider shall grade the full width of the right-of-way of all streets to be dedicated in accordance with plans and standard specifications approved by the Director of Public Works. The subdivider shall grade the pavement width to subgrade and surface with up to nine inches of crushed aggregate base course. When poor subgrade soils are encountered, the subdivider or developer shall be responsible for the excavation and replacement of the poor soils as approved by the Director of Public Works.
(b) 
Curbing and blacktopping. The year after the installation of the crushed stone in the roadway, the subdivider shall apply the standard six-inch curb and eighteen-inch gutter, and the City shall apply a full-width bituminous surface at a completed depth of at least three inches, all in accordance with plans and specifications as approved by the Director of Public Works. In the event the pavement width of any street exceeds 36 feet, the expense of installing the crushed rock and blacktopping for the additional width shall be paid by the City.
(c) 
Special assessments. Special assessments for streets constructed in accordance with these requirements may be levied, or the subdivider, at his or her option, may pay the cost directly.
(2) 
Public sanitary sewerage and private sewage disposal systems. The subdivider shall construct sanitary sewers in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision if the Council finds the plat feasible to serve. If public sewer facilities are not available, the subdivider shall make provision for adequate private sewage disposal systems as specified by the appropriate state, county or City agencies that have jurisdiction. The Plan Commission may require the installation of sewer laterals to the street lot line. If, at the time of final platting, sanitary sewer facilities are not available to the plat, but will become available within a period of five years from the date of plat recording, the subdivider shall install or cause to be installed sanitary sewers and sewer laterals to the street lot line in accordance with this section and shall cap all laterals as may be specified by the Manager of the Utility. 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 Manager of the Utility. The subdivider shall assume the costs of installing all sanitary sewers eight inches in diameter or less in size. If greater than eight-inch-diameter sewers are required to handle the contemplated sewage flows, the cost of such larger sewers shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewer mains and the cost either borne by the City or assessed against the total tributary drainage area.
(3) 
Public water supply facilities.
(a) 
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 by the appropriate state or City departments. The Field Committee shall require the installation of water laterals to the street right-of-way 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 Manager of the Utility.
(b) 
The subdivider shall assume the cost of installing all water mains six inches in diameter or less in size. If greater than six-inch-diameter water mains are required to handle the anticipated water needs of the area, the cost of such larger water mains shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total area to be served by such larger water mains and the cost either borne by the City or assessed against the total area benefitted.
(3.1) 
Public sanitary sewerage and public water supply facilities — unusual size. In the event that any user/developer requires utility service larger than the requirements set forth in § 18.23(2) and (3), then the user/developer shall pay the cost of the next larger pipe size, and the City shall pay the cost of any larger pipe size if the City desires to put in a larger size sanitary sewer, water main or other construction larger than the next larger pipe size due to future development needs of the City.
[Added by Ord. No. 1301]
(4) 
Other utilities. The subdivider shall cause gas, electrical power, cable television 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 by the utilities 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 Field Committee.
(1) 
Commencement. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved.
(2) 
Building permits. No building permit shall be issued for erection of a structure on any lot not of record until all the requirements of this chapter have been met.
(3) 
Plans. The following plans and accompanying construction specifications shall be required before authorization of construction or installation of improvements:
(a) 
Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements as approved by the Department of Public Works.
(b) 
Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations and materials of required facilities as approved by the Manager of the Utility.
(c) 
Storm sewer plans and profiles showing the locations, grades, sizes, cross sections, elevations and materials of required facilities as approved by the Department of Public Works.
(d) 
Water main plans and profiles showing the locations, sizes, elevations and materials of required facilities as approved by the Manager of the Utilities.
(e) 
Additional special plans or information as required.
(4) 
Inspection. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Director of Public Works and/or the Manager of the Utility to provide for adequate inspection by the City.
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 City authorizing the building on, or improvement of, any subdivision, minor subdivision or replat within the jurisdiction of this chapter not of record as of the effective date of this chapter and amendments thereto until the provisions and requirements of this chapter have been fully met. The City may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.
Any person who violates any provision of this chapter shall be subject to a penalty as provided in § 20.04 of this Code.
(1) 
Recordation. Recordation improperly made has penalties provided for in W.S.A. s. 236.30.
(2) 
Conveyance. Conveyance of lots in unrecorded plats has penalties provided for in W.S.A. s. 236.31.
(3) 
Monuments. Monuments disturbed or not placed have penalties as provided for in W.S.A. s. 236.32.
[1]
Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.