[HISTORY: Adopted by the Common Council of the City of Hayward 6-14-1982 by Ord. No.
223. Amendments noted where applicable.]
This chapter shall not repeal, impair, or modify private easements
or covenants governing the use of lands except that it shall be applicable
to the extent that it imposes stricter regulations.
The City Planning Commission or its duly appointed staff shall
be responsible for the administration of this chapter, and in reviewing
applications for the subdivision of land, shall be guided by the considerations
and standards as set forth herein. All divisions of land within the
incorporated area of the City of Hayward shall be subject to the provisions
of this chapter and, where applicable, shall also be subject to other
City of Hayward ordinances, Wisconsin State Statutes and Wisconsin
Administrative Codes.
A.
A "division of land" shall mean any division of a lot, parcel or
tract of land by the owner or the owners agent, for the purpose of
sale, transfer or building development.
B.
Any division of land, for the purpose designated above, shall be
accomplished by either a platted subdivision in compliance with Chapter
236 of the Wisconsin Statutes or by certified survey in compliance
with § 236.34, Wis. Stats.
C.
Exceptions to Subsection B of this section shall be:
(1)
Assessor's plats as per § 70.27, Wis. Stats.
(2)
Cemetery plats as per §§ 157.06, 157.07 and 157.08,
Wis. Stats.
(3)
Transfer of interests in land by will or pursuant to court order.
(4)
Highways, streets, roads and utility easements, deemed by the City
Planning Commission to be unassociated with building development.
(5)
Correction instruments.
A platted subdivision, in compliance with Chapter 236 of the
Wisconsin Statutes, shall be required where the act of division:
A.
Preliminary meeting. Prior to submitting a preliminary plat, the
owner or his agent shall submit to the City Planning Commission or
its duly appointed staff, the information and data herein specified.
The purpose of this meeting is to familiarize the owner or his agent
with this chapter and related laws so as to avoid costly revisions
of plans and plats. And further, to inform the owner or his agent
as to the types and details of improvements which will be required
to be installed by and at the expense of the owner.
B.
Data required for preliminary meeting. The owner or his agent shall
provide to the Planning Commission the following:
(2)
The plan shall be of a scale of one inch equals 100 feet or larger
and shall show the boundaries of the subdivision, proposed street
and lot design number and sizes of lots and streets and any areas
proposed to be dedicated to the public other than streets.
(3)
The plan shall indicate site conditions such as waterways, swamps,
areas of periodic flooding, rock outcrops, adverse slopes and any
other site conditions, natural or man-made, which might affect the
design and safety of the subdivision.
(4)
The plan shall indicate any proposed filling, grading, dredging or
lagooning.
(5)
The plan shall indicate the size and location of any land owned or
controlled by the owner of the proposed subdivision, which is contiguous
with the proposed subdivision, even though it is not included in the
proposed subdivision.
(6)
The plan shall indicate the relationship of the proposed subdivision
to existing highways, streets, utilities, etc. and shall provide distances
and direction to the nearest existing water and sewer lines.
(7)
If the proposed subdivision is not to be served by City water and
sewer, the plan shall provide at least preliminary soils information.
(8)
The City Planning Commission, at this meeting, shall indicate tentative
feasibility of the proposed subdivision, recommend revisions or additions,
advise as to whether or not a contour map will be required, advise
as to the types and extent of improvements that will be required of
the owner and offer any other information which may enhance and expedite
the progress of the proposed subdivision.
C.
Preliminary plat application. The owner or his agent shall submit
to the City Clerk/Treasurer three copies of the preliminary plat for
use by the City Planning Commission, plus those additional copies
as required under § 236.12, Wis. Stats., for review by state
agencies. The City Clerk/Treasurer shall forward these copies as required
by § 236.12, Wis. Stats. After review of the preliminary
plat, the City Planning Commission shall, within 40 days of its submission,
approve, approve conditionally, or reject the plat. The owner or his
agent shall be notified in writing of any conditions of approval,
improvements to be installed, or reasons for rejection. Approval of
the preliminary plat by the City Planning Commission shall entitle
the owner or his agent to approval of the final plat, providing that
the final plat conforms substantially to the preliminary plat, and
that conditions for approval and installation of improvements have
been met.
D.
Data required on preliminary plat.
(1)
Proposed name of the subdivision and location by government lot,
quarter-quarter section, section, township and range.
(2)
Name and address of the owner, subdivider or agent and surveyor.
(3)
A scale of one inch equals 100 feet or larger.
(4)
Graphic scale.
(5)
North arrow.
(6)
Date or preparation, signature and stamp of surveyor.
(7)
Boundaries of the proposed subdivision, including layout of proposed
streets and lots, street names and widths, and lot numbers and dimensions.
(8)
Location and widths of proposed pedestrianways, utility and drainage
easements, and other areas intended to be reserved or dedicated for
public use.
(9)
Site conditions such as lakes, waterways, swamps, floodplain areas,
rock outcrops, terrain areas exceeding 12% slopes, and other site
conditions, natural or man-made, which might affect the subdivision.
(10)
Other reasonable information such as soil tests, dredging permits,
contour mapping, etc. as may be required by the City Planning Commission.
(11)
Adjacent site conditions such as ownership of adjacent lands,
names and widths of existing highways, streets, railroads and easements,
and the distances and direction to the nearest City water and sewer
lines.
E.
Stage development. Whenever a portion of a tract of land is proposed
for subdividing and the balance of the tract is of a size which would
allow future subdivision, the City Planning Commission may require
a tentative plan for such future subdivision.
F.
Final plat. Within six months of the last required approval of the
preliminary plat, the owner or his agent, shall, at the owner's expense,
submit three legible and true copies of the final plat to the City
Clerk/Treasurer for use by the City Planning Commission. The owner
or his agent shall, at the same time and at the owner's expense, submit
to the City Clerk/Treasurer the original final plat and or the necessary
number of legible copies thereof, together with a list of the authorities
to which the plat must be submitted for approval under § 236.10,
Wis. Stats., and objection under § 236.12, Wis. Stats. The
City Clerk/Treasurer shall forward these plats or copies as required
by § 236.12, Wis. Stats. The City Planning Commission shall
refer the final plat, with its recommendations, to the Common Council
within 30 days of its submission unless the time is extended by the
Common Council. But in no case shall the time exceed 60 days. The
Common Council shall approve or reject the final plat within 60 days
of its submission to the City Clerk/Treasurer, unless the time is
extended by agreement with the owner or his agent. If the original
of the final plat has been submitted to another authority, the owner
or his agent may submit a true copy of such plat in lieu of the original.
However, before approval by the Common Council will be inscribed on
the face of the original final plat, the owner or the surveyor shall
certify the respects in which the original of the final plat differs
from the true copy, and all modifications must first be approved.
G.
Final plat data and design standards. The final plat shall be prepared
in compliance with the provisions of Chapter 236 of the Wisconsin
Statutes, the provisions of this chapter and, where applicable, shall
also be subject to other City of Hayward ordinances, Wisconsin Statutes
and Wisconsin Administrative Codes.
H.
Blocks and lots. Blocks and lots shall meet the following standards:
(1)
In residential areas, blocks shall not be less than 600 feet nor
more than 1,500 feet in length as measured along the greatest dimension
of the enclosed block area unless minor variations are necessitated
to accommodate topography, design features or an adjoining plat.
(2)
Blocks for commercial and industrial areas may vary from the elements
of design contained in this section if the nature of use requires
other treatment. In such case, off-street parking for employees and
customers shall be provided along with safe and convenient limited
access to the street or highway system. Space for off-street loading
shall also be provided, with similar access. Extension of streets,
railroad access right-of-way and utilities shall be provided by the
owner, as necessary.
(3)
In blocks over 800 feet in length, the City Planning Commission may
require one or more public walkways within an easement not less than
10 feet in width, to extend entirely across the width of the block,
but at intervals not closer than 400 feet.
(4)
Blocks shall be wide enough to allow two tiers of lots with minimum width and depth as required by Chapter 515, Zoning, except when adjoining a lake, stream, railroad, thoroughfare or property boundary line, or where one tier of lots is necessary because of topography.
(6)
All lots shall front on a public street, except when it is deemed
by the City Planning Commission that the subdivision may be better
served by a private road or street. In such case, the street or road
shall be clearly labeled on the plat as "Private Road" or "Private
Street" and shall connect to a public street.
(7)
Where possible, side lot lines shall be perpendicular to the street
line, and to the tangent at the lot corner on curved streets.
(8)
Through lots and or double-frontage lots shall be avoided whenever
possible.
(9)
Lot divisions that will not be served by City sewer and or City water,
shall be governed by the provisions of Ch. SPS 385, Wisconsin Administrative
Code, in regards to the suitability of the lot and the minimum lot
size.
(10)
Excessive lot depth in relation to lot width shall be avoided.
A proportion of 2 1/2 to one shall normally be considered as
a desirable maximum for lot widths of 75 feet or more.
(11)
Minimum lot width shall mean the minimum average lot width.
(12)
No lot shall have a frontage less than 35 feet on a public street.
I.
Streets.
(1)
The owner or owners agent shall dedicate land for and improve streets
as provided herein. Streets shall conform to the official map ordinance
in effect in the City.
(2)
Streets shall be logically related to the topography so as to produce
usable lots and reasonable grades.
(3)
Access shall be given to all lots and portions of the tract in the
subdivision, and to adjacent unsubdivided territory unless the topography
clearly indicates that such connection is not feasible. Streets giving
such access shall be improved to the limits of the subdivision. Reserved
strips and landlocked areas shall not be created.
(4)
Minor streets shall be laid out to discourage their use by through
traffic and arterials shall be protected for use by through traffic
by marginal access roads, lots served by an interior street or other
means.
(5)
Half or partial streets will not be permitted, except where essential
to reasonable subdivision of a tract in conformance with the other
requirements and standards of these regulations and where, in addition,
satisfactory assurance for dedication of the remaining part of the
street can be secured.
(6)
Wherever a tract to be subdivided borders an existing half, or partial
street, the other part of the street shall be plotted within such
tract.
J.
Cul-de-sac streets.
(1)
Cul-de-sac streets permanently designed as such shall not exceed
800 feet in length except as exceptions are permitted by the Planning
Commission. Such an exception may be granted if it can be clearly
shown that by reason of unfavorable land form, or the irregular shape
of the plat from which the subdivision is being made, that a normal
street pattern cannot be established, or that land would be wasted
by not granting such an exception.
(2)
Cul-de-sac streets shall be provided at the closed end and with a
turnaround having a minimum radius to the outside edge of the finished
road or curbline of not less than 50 feet.
(3)
Unless future extension is clearly impractical or undesirable, the
turnaround right-of-way shall be placed adjacent to a property line
and a right-of-way of the same width as the street shall be carried
to the property line in such a way as to permit future extension of
the street into the adjoining tract. At such time as such a street
is extended, the overage created by the turnaround outside the boundaries
of the extended street shall revert in ownership to the property owner
fronting on the temporary turnaround.
K.
Street design.
(1)
Street type.
[Amended 3-10-1997 by Ord. No. 345]
|
Street Type
|
Right-of-Way
Minimum Width
(feet)
|
Minimum Radius of Curvature
(feet)
|
Maximum Grade
| |
|---|---|---|---|---|
|
Arterial or highway
|
100
|
300
|
6%
| |
|
Collector (carries traffic from minor streets to arterials or
highways
|
66
|
200
|
7%
| |
|
Cul-de-sac street
|
66
|
100
|
12%
| |
|
Minor
|
66
|
100
|
12%
| |
|
Marginal access
|
50
|
100
|
12%
| |
|
Alley
|
25
| |||
(2)
Where a subdivision abuts or contains an existing road or street
of inadequate width, sufficient additional width shall be provided
to meet the above standards.
(3)
Additional right-of-way and roadway widths may be required to promote
public safety and convenience when special conditions require it or
to provide parking space in areas of intensive use.
(4)
Extensions of existing streets or roads with lesser right-of-way
and/or roadway widths than prescribed above may be permitted by exception
in special cases.
(5)
Restriction of access. When a subdivision or portion thereof adjoins
a major thoroughfare, no lot shall have direct access thereto. Said
lots shall be provided with frontage on a marginal access street or
an interior street.
(6)
Intersections. Street center line intersections shall be as nearly
at right angles as is possible, and no intersection shall be at any
angle of less than 60°.
(7)
Street jogs. Street jogs with center line offsets of less than 125
feet shall not be allowed.
(8)
Street names. A proposed street which is in alignment with and joins
an existing and named street shall bear the name of the existing street.
(9)
Alleys. Alleys shall be provided to the rear or side of all lots
to be used for commercial or industrial use.
L.
Improvements. Before the City Council shall approve a final plat
of a subdivision, the owner or owner's agent shall provide the required
improvements at his own expense, shall give bond in an amount equal
to the Director of Public Works estimate, or make other financial
arrangements acceptable to the City Council to cover the cost of the
following:
(1)
Grading. Street shall be graded to secure proper drainage and to
prevent the collection of stormwater in pools.
(2)
Surface water drainage. Surface water drainage shall be provided
by storm sewers or drainage course adequate to drain surface water
to protect roadway surfaces.
(3)
Sanitation. When located within the service area of a public sanitary
sewerage system, sanitary sewers shall be constructed throughout the
entire subdivision in such a manner as to serve adequately all lots
with connection to such public system.
(4)
Stormwater drainage shall not be permitted to combine with sanitary
sewers nor shall sanitary sewerage be permitted in stormwater sewers.
(5)
Minimum pavement width and roadway surfacing.
[Amended 3-10-1997 by Ord. No. 345]
(a)
Minimum pavement width and roadway surfacing shall meet the
following standards and shall be approved after inspection by the
Director of Public Works:
|
Street Type
|
Street Base Surface Width
|
Street Pavement
|
|---|---|---|
|
Arterial
|
30 feet of 6 inches stabilized gravel
|
24 feet of 2 inches compacted asphaltic pavement
|
|
Collector
|
30 feet of 6 inches stabilized gravel
|
24 feet of 2 inches compacted asphaltic pavement
|
|
Cul-de-sac
|
30 feet of 6 inches stabilized gravel
|
24 feet of 2 inches compacted asphaltic pavement
|
|
Minor
|
30 feet of 6 inches stabilized gravel
|
24 feet of 2 inches compacted asphaltic pavement
|
|
Marginal Access
|
30 feet of 6 inches stabilized gravel
|
24 feet of 2 inches compacted asphaltic pavement
|
|
Alley
|
25 feet of 6 inches stabilized gravel
|
24 feet of 2 inches compacted asphaltic pavement
|
(b)
The property owner and/or developer shall provide a bond, or
security, in an amount equal to 10% of the cost of paving, for a period
of two years from the date of acceptance of street(s) by the City
of Hayward, to insure that proper construction methods were followed.
Whenever a division of land is proposed, but of an insufficient
number of lots or lots of a size such that a platted subdivision is
not required, in lieu of a platted subdivision, such division of land
shall be accomplished by a certified survey in compliance with the
provisions of § 236.34, Wis. Stats., and shall meet the
following standards:
A.
Certified survey standards.
(1)
Section 505-5A, Preliminary meeting, and § 505-5B, Data required for preliminary meeting, will be required, except that at the end of the preliminary meeting the City Planning Commission shall approve, approve conditionally, or reject the preliminary certified survey plan and shall notify the owner or his agent and the City Clerk/Treasurer, in writing, or such approval, conditional approval, or rejection and of any improvements that will be required.
(3)
All conditions under § 505-5G, Final plat data and design standards, and the subsections therein, shall be met where applicable.
(4)
The final certified survey map shall be presented to the City Clerk/Treasurer
or his Deputy, for approval, and if said map conforms to the conditions
for approval and installation of improvements as set forth by the
City Planning Commission, it shall be so approved.
(5)
No certified survey map, within the incorporated area of the City
of Hayward, shall be eligible for recording unless it is approved
by the City Clerk/Treasurer or his Deputy.
A.
The Planning Commission shall require rear or side line utility easements
at locations and of widths deemed adequate by the Commission, but
in no case less than 10 feet.
B.
The Planning Commission shall require that easements or drainageways
of widths sufficient to accommodate stormwater runoff be provided
where a subdivision includes a segment or segments of watercourses,
drainageways, channels or streams.
The Planning Commission may require that suitable sites be dedicated
or reserved for future public uses such as parks, playgrounds, and
open spaces. In locating such sites, considerations shall be given
in preserving scenic and historical sites, stands of fine trees, marshes,
and shorelines. Reservation of land for public acquisition shall be
for a period not to exceed three years.
A.
The Board of Appeals may grant variances from the provisions of this
chapter after holding a public hearing within 10 days' notice in writing
to owners of adjoining lands and upon finding that:
(1)
Because of the unique topographic or other conditions of the lands
involved, literal application of the ordinance would impose a hardship.
(2)
The variance will not violate the purpose of the ordinance or the
provisions of Chapter 236 of the Wisconsin Statutes.
(3)
The requirement of filing and recording a plat for a subdivision
or a certified survey shall not be waived.
B.
The Board of Appeals shall have the authority to review and modify
decisions of the Planning Commission, City Clerk/Treasurer, or his
Deputy.
Subdivisions prior to approval of the final plat, the applicant
shall pay to the City Clerk/Treasurer as a fee for checking and verifying
a plat, a sum amount to be determined by the Planning Commission.
Any person who shall violate any of the provisions of this chapter
shall forfeit not more than $50 for each violation plus costs of prosecution.
Each day that a violation of this chapter continues shall constitute
a separate and distinct offense and is subject to forfeiture as such.
In addition thereto, no construction or improvements on land subdivided
in violation of this chapter shall be allowed. Any sale or transfer
or lands subdivided in violation of this chapter shall be deemed void.
Unless the context indicates a different meaning, for the purposes
of this chapter certain words, phrases, and terms shall be construed
as follows:
A public way used primarily as a service access to the rear
or side of a property which abuts on a street.
A major carrier of traffic within the City.
The City Attorney of Hayward, Wisconsin or his authorized
representative.
The distance as measured along a road between intersection
streets from center line to center line; and where the context requires,
it also means the enclosed area within the perimeter of the streets
or property lines enclosing it.
A drawing and accompanying data as required by § 505-6 of this chapter.
The City of Hayward.
The City Council of Hayward.
The City Clerk/Treasurer of Hayward, Wisconsin, or his authorized
representative.
A street that serves as a connection between an arterial
and minor roads. The term may include the principal entrance of a
residential development and streets for major circulation within such
a development.
The Planning Commission of the City of Hayward.
A permanent street terminating at one end without connecting
with another road and designed so that it cannot be further extended
without taking property not dedicated as a street.
The drawing of a subdivision prepared in the manner and containing the data, documents, and information required by § 505-5F of this chapter.
Any tract, including outlots, within a subdivision marked
by the owner or owners agent as a numbered tract.
The dimension of a lot measured on the building setback line.
A street or service road parallel to and adjacent to a arterial
which provides access from the arterial to abutting properties.
Provides access to individual lots.
The person having control of such land as the term is used
in this chapter.
A drawing of a proposed subdivision prepared in the manner and containing the data, documents and information required by § 505-5C of this chapter.
A purported street, way or strip of land reserved for the
use of a limited number of persons or purposes as distinguished from
a publicly dedicated street.
A public way designed for the use of pedestrian traffic.
A public way which affords primary means of access by pedestrians
and vehicles to abutting properties, whether designated as a street,
avenue, highway, road, boulevard, lane or however otherwise designated.
