[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.]
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.
A special public or private way affording only secondary
access to abutting properties.
[Amended 9-8-1999 by Ord. No. 1419]
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]
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.
A town, municipality or a group of adjacent towns and/or
municipalities having common social, economic or physical interests.
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.
A minor street closed at one end with a turnaround provided
for vehicular traffic.
The unincorporated area within 1 1/2 miles of the City
limits of Shawano.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
A street used, or intended to be used, primarily for fast
or heavy through traffic.
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 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.
The changing of the boundaries of a recorded subdivision
plat or part thereof.
The word "shall" is mandatory and not directory.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a minor subdivision, subdivision
or replat.
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.
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.
[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.
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)
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:
(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:
(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.
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:
(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)
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.
