Village of Dresser, WI
Polk County
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It is hereby declared to be the policy of the Village of Dresser to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the Village, pursuant to the official master plan, for the orderly, planned, efficient and economical development of the Village. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace, and land shall not be subdivided until proper provision has been made for drainage, water, sewerage, utilities and capital improvements such as schools, parks, recreation facilities, transportation facilities and improvements.
The purpose of this chapter is to promote the public health, safety and general welfare of the Village and these regulations are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to insure proper legal description and proper monumenting of subdivided land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land and avoid undue concentration of population; to facilitate adequate provisions for transportation, water, sewage, utilities and other public requirements; to facilitate the further resubdivision of larger tracts into smaller parcels of land. These regulations are made with reasonable consideration, among other things, of the character of the Village with a view of conserving the value of buildings placed upon land, providing the best environment for human habitation and for encouraging the most appropriate use of land throughout the Village.
Except as otherwise specifically set forth in sec. 18.09 of this chapter, jurisdictional limits of these regulations shall be all lands within the corporate limits of the Village and all unincorporated areas within 1 1/2 miles of its corporate limits, subject to the provisions of § 66.0105, Wis. Stats.
No person may divide any land located within the jurisdictional limits of these regulations which results in a major subdivision, minor subdivision or replat, as defined herein, and no such major subdivision, minor subdivision or replat shall be entitled to be recorded without full compliance with all requirements of this chapter and Ch. 236, Wis. Stats. The provisions of this chapter shall not apply to:
(1) 
Transfer of interest in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
Sale or exchange of parcels of land between owners of adjoining properties 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 or other applicable ordinances or laws.
For the purpose of this chapter, the following definitions shall be used:
(1) 
BUILDING LINE — A line parallel to and at a given distance from the street right-of-way. There shall be no building or structure erected in this area.
(2) 
DIRECTOR — The State Director of Regional Planning and Community Assistance, the Wisconsin Department of Development or such other official as may be delegated by law to approve plats at the State level.
(3) 
DRAINAGE — A natural or man-made ditch or watercourse in which surface water or high ground water can be drained from an area.
(4) 
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION — The unincorporated area within 1-1/2 miles of the corporate limits of the Village, as provided in § 236.02(2), Wis. Stats., subject to the provisions of § 66.0105, Wis. Stats.
(5) 
GREENWAY — A parcel of land containing a natural waterway or drainageway intended to be used in whole or in part for open space, surface drainage, parks, recreation, utilities, streets or any other purpose deemed by the Village to be for the public good or welfare.
(6) 
MAP — The drawing required for a minor subdivision and the same as the certified survey map provided for in § 236.34, Wis. Stats.
(7) 
OUTLOT — A parcel of land other than a lot or block so designated on a plat.
(8) 
PLAT — The drawing required for a major subdivision.
(9) 
REPLAT — The changing of the boundaries of a recorded subdivision or a part thereof.
(10) 
ROADWAY — That portion of the street which is used for vehicular traffic.
(11) 
STREET — A right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, drive, lane, place or however otherwise designated, and includes all of the area between the street or right-of-way lines. All lots shall abut upon a public street. Streets are further designated as follows:
(a) 
ALLEY — A street which is a secondary means of access for vehicular traffic.
(b) 
BOUNDARY STREET — A street in a subdivision in which part of the right-of-way is within the subdivision and the rest of the right-of-way is outside the subdivision.
(c) 
COLLECTOR STREET — A street which carries traffic from local streets to the system of major arterials and includes the principal entrance streets to residential development.
(d) 
CUL-DE-SAC — A local street with only one outlet which terminates in a turnaround for the reversal of traffic.
(e) 
DEAD END STREET — A street that does not connect with a street system opened to traffic.
(f) 
FRONTAGE STREET — A local street which is parallel with and adjacent to a major arterial street and which provides access to abutting properties and protection from traffic.
(g) 
LOCAL STREET — A street which is used primarily for access to abutting properties.
(h) 
MAJOR ARTERIAL STREET — A street which is used primarily for fast or high volume through traffic.
(12) 
SUBDIVIDER — Any person dividing, or proposing to divide, land resulting in a subdivision.
(13) 
SUBDIVISION — When used alone, subdivision shall include both major and minor subdivisions. A replat is also a subdivision. The definitions herein shall apply with equal effect to the division or creation of parcels or building sites whether or not said tracts shall at such time be part of a previously platted subdivision.
(a) 
SUBDIVISION MAJOR PLAT — A division of a lot, parcel or tract of land by the owner thereof or his agent for the purpose of sale or of building development where:
1. 
The act of division creates three or more parcels or building sites two acres each or less in area; or three or more parcels or building sites of two acres each or less in area are created by successive divisions within a period of five years.
2. 
The act of division or the creation of any parcels or building sites results in the creation or alteration of any street or alley.
(b) 
SUBDIVISION MINOR PLAT (CERTIFIED SURVEY) — In those instances where lots are created, but in insufficient numbers to require a plat under the requirements of this subsection, any proposed lot division shall comply with the recorded certified survey provisions of Ch. 236, Wis. Stats., and shall be approved by the Village Board in accordance with the procedure for submitting subdivisions, except that no State agency review is required.
(14) 
SURVEYOR — A State of Wisconsin registered land surveyor.
(1) 
Subdivisions.
(a) 
A major subdivision shall be accomplished by means of a plat in accordance with Ch. 236, Wis. Stats., and this chapter.
(b) 
A minor subdivision shall be accomplished by means of a certified survey map in accordance with Ch. 236, Wis. Stats., and this chapter.
(c) 
For both major and minor subdivisions, lot sizes shall conform to the area and width requirements of the Zoning Code within the corporate limits of the Village or to any ordinance of the town or county in the extraterritorial plat approval jurisdiction.
(d) 
All subdivisions within the corporate limits or within the extraterritorial plat approval jurisdiction of the Village, as defined herein, must be filed for approval by the plan Commission in accordance with procedures established in this chapter.
(2) 
Replat. Where it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries, the subdivider shall vacate or alter the recorded plat as provided in Ch. 236, Wis. Stats. The subdivider shall then follow the same procedure for the replat as for an original plat as required by this chapter.
(3) 
Land suitability. Where a proposed subdivision contains land deemed by the Plan Commission to be unsuitable for development because of poor drainage, flood conditions, soil conditions, subsurface conditions, topography or any other feature, approval shall be withheld. Conditional approval of the preliminary plat shall be granted if the subdivider shall, at his own expense, prepare and submit to the Commission engineering plans designed to correct the adverse conditions and to carry out the plans or provide the performance bond to insure that the plans will be completed prior to approval of the final plat.
(4) 
Requirements. The proposed subdivision shall conform to:
(a) 
The provisions of Ch. 236, Wis. Stats.
(b) 
All applicable provisions of this Code and town or county ordinances, if applicable.
(c) 
The Village Master Plan and Official Map or any portion thereof.
(d) 
The rules of the Division of Highways, State Department of Transportation relating to safety of access and the preservation of the public interest and investment in the street if the subdivision or any lot contained therein abuts on a State trunk highway or connecting street.
[Amended by Ord. No. 169]
(1) 
Preliminary meeting. Before filing any preliminary plat, pursuant to sub. (2) below, a subdivider shall meet with the Plan Commission regarding the requirements of this chapter affecting any proposed development.
(a) 
The developer shall present at the preliminary meeting with the Plan Commission a concept plan which shall consist of not less than a sketch of the proposed development showing applicable elevations, proposed lot layouts and the relationship of the proposed development and lots to all existing storm sewer, sanitary sewer and water main lines and hookups within or abutting the proposed development.
(b) 
The developer shall present, in addition to the concept plan in par. (a) above, a letter of intent which shall consist of not less than cash, a certified check, a letter of credit from a reputable financial institution or a performance bond from a reputable surety sufficient to reimburse the Village all of its engineering, legal and administrative and related expenses incurred with respect to the developer's proposal commencing at the preliminary meeting and continuing through the full and final completion of the project. The letter of intent shall also provide to the Village such estimates and assurances as will reasonably inform the Plan Commission as to the developer's total expected costs expressed in phases or as a final total, such personal and other appropriate financial disclosure as will enable the Plan Commission to evaluate the reasonable likelihood that the developer will have or be able to acquire the resources to complete the project, and an assurance as to the developer's intent to enter into a developer's agreement with the Village in the event of and contemporaneously with the Village Board's approval of the developer's preliminary plat of the proposed development if such approval is given pursuant to sub. (2) below.
(c) 
The applicant shall submit to the Clerk-Treasurer an administrative processing fee with the application in the amount of $150.
[Added by Ord. No. 180]
(2) 
Preliminary plat.
[Amended by Ord. No. 169]
(a) 
The subdivider shall file 10 copies of the preliminary plat or map with the Clerk-Treasurer, said copies to be forwarded to appropriate Village and State approving authorities. The preliminary plat shall show clearly the existing conditions of the adjoining sites, including data on covenants, land characteristics, available community facilities and utilities, easements, street locations and lot widths and depths. The proposed layout shall be shown on a topographic map at a scale of one inch equals 100 feet having two foot contour intervals and shall identify the improvements, e.g., grading, tree planting, paving, installation of the facilities and dedications of land, which the subdivider proposes to make and shall indicate when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be stated. The Village Board shall reject, approve or approve conditionally the preliminary plat within 90 days as provided by law.
(b) 
The developer shall, in the event the Village Board approves or conditionally approves the preliminary plat, execute and deliver to the Village Board a developer's agreement in a form and substance acceptable to the Village Board. Such developer's agreement shall provide for not less than the developer's representations and warranties to carry out the development as approved or conditionally approved consistent with the preliminary plat; the payment by the developer of all the costs of the project and all costs and expenses incurred by the Village attributable to its involvement in the project including, without limitation, all engineering, operational, legal and administrative expenses; the time table for phased or final completion of the project; such reasonable, mutually agreed liquidated damages in favor of the Village for the developer's failure to complete the project timely and as approved or conditionally approved; and such other warranties, representations and assurances of the developer as will reasonably indemnify and hold the Village harmless from any failure of the developer to perform, without limitation, as contemplated by the preliminary plat, the developer's agreement and the final plat.
(3) 
Final plat. Four copies of the final plat shall be submitted to the Village Board within 24 months of preliminary plat acceptance unless this requirement is waived, in writing, by the Village Board. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and State laws and shall be submitted for certification by those agencies having the authority to object to the plat as provided by § 236.12(2), Wis. Stats. The final plat shall be accompanied by detailed construction plans of all improvements. Final plats shall be accepted or rejected by the Village Board within 60 days of their submission if all the applicable provisions of this chapter and Ch. 236, Wis. Stats., have been complied with. Approved final plats shall be recorded in accordance with the statutory requirements prior to the time that lots are offered for sale, reference is made to the map for sale purposes, or use is made of lot and block numbers shown on the plat.
[Amended by Ord. No. 162]
(1) 
Streets.
(a) 
The subdivider shall dedicate land for and improve streets, as provided herein. Streets shall conform to any applicable official map ordinance in effect in the Village. Streets shall be located with due regard for topographical conditions, natural features, existing and proposed streets, utilities, land uses and public convenience and safety.
(b) 
All lots shall abut a public street or roadway for a distance equal to the frontage requirement of the applicable zone.
[Amended by Ord. No. 191]
(c) 
Street locations shall be consistent with any applicable street plan officially adopted by the Village. All street right-of-way widths, radii of curvature and grades shall conform to the following requirements:
Urban Section
Street Type
R.O.W. Width to be Reserved
(feet)
R.O.W. Width to be Dedicated
(feet)
Pavement Width (Face of Curb to Face of Curb)
(feet)
Arterial street 4-lane divided
120
100
Dual: 34 (20-foot median)
Not divided
70
70
48
Collector streets
66
66
44
Minor streets 1,000 feet or more in length
60
60
34
Minor streets less than 1,000 feet in length, cul-de-sac and frontage streets
50
50
32
Alleys
25
25
20
The Plan Commission may require the subdivider to conform to urban section standards if the average lot width in the proposed subdivision is less than 150 feet measured at the street setback line. If the average lot width is in excess of 150 feet, the subdivider may conform to the rural section standards.
Rural Section
Street Type
R.O.W. Width to be Reserved
(feet)
R.O.W. Width to be Dedicated
(feet)
Pavement Width (Face of Curb to Face of Curb)
(feet)
Arterial streets 4-lane divided
150
150
Dual: 24; 10 outside shoulders/4 inside shoulders (60-foot median)
Not divided
100
100
24; 10 outside shoulders
Collector streets
66
66
24; 10 outside shoulders
Minor streets
50
50
22; 8 outside shoulders
(d) 
Unless necessitated by exceptional topography, subject to the approval of the Plan Commission, the maximum center line grade of any street or public way shall not exceed the following:
1. 
Arterial streets: 60%.
2. 
Collector streets: 8%.
3. 
Minor streets, alleys and frontage streets: 10%.
4. 
Pedestrianways: 12% unless steps of acceptable design are provided. The grade of any street shall in no case exceed 12% or be less than 0.5%.
Street grades shall be established wherever practicable so as to avoid excessive grading, the indiscriminate removal of ground cover and tree growth, and general leveling of the topography.
(e) 
When a continuous street center line deflects at any one point by more than 10°, a circular curve shall be introduced having a radius of curvature on said center line of not less than the following:
1. 
Arterial streets and highways: 500 feet.
2. 
Collector streets: 300 feet.
3. 
Minor streets: 100 feet.
(f) 
Streets shall be laid out to provide for possible continuation wherever topographic and other physical conditions permit.
(g) 
Minor streets shall be laid out so as to discourage their use by through traffic.
(h) 
The number of intersections of minor streets with major streets shall be reduced to the practical minimum consistent with circulation needs and safety requirements.
(i) 
Where a subdivision abuts or contains an existing or proposed arterial highway, the Plan Commission shall require a frontage road, nonaccess reservation along the rear of the property contiguous to such highway, or such other treatment as may be necessary to ensure safe, efficient traffic flow and adequate protection of residential properties.
(j) 
Reserve strips controlling access to streets shall be prohibited.
(k) 
A tangent at least 100 feet long shall be required between reverse curves on arterial and collector streets.
(l) 
Streets shall afford maximum visibility and safety and shall intersect at right angles, where practicable.
(m) 
Dedication of half-width streets shall be prohibited.
(n) 
Permanent deadend streets or cul-de-sacs shall not be longer than 1,000 feet, shall have a minimum R.O.W. width of 50 feet and terminate with a turnaround having an outside roadway diameter of at least 80 feet and a street property line of 100 feet.
(o) 
Where possible, lot lines shall be perpendicular to the street line and to the tangent at the lot corner of curved streets.
(p) 
Lots shall follow, rather than cross, municipal boundary lines whenever practicable.
(q) 
No street names shall be used which will duplicate or may be confused with the names of existing streets. Street names shall be subject to the approval of the Plan Commission.
(2) 
Blocks and lots.
(a) 
A block is a parcel of land bounded on at least one side by a street and on the other sides by natural or man-made barriers or unplatted land. The lengths, widths and shapes of blocks shall be determined by the following:
1. 
Building site needs.
2. 
Zoning Code lot size and dimensional requirements.
3. 
Needs for convenient access, circulation, control and safety of street traffic.
4. 
Limitations and opportunities of topography.
(b) 
Block lengths shall normally not exceed 1,500 feet or be less than 400 feet in length.
(c) 
To provide adequate access and circulation to playgrounds, schools, shopping centers or other community facilities, the Village Board may require that walkways be provided, either along streets or through the center of blocks.
(d) 
Double frontage lots shall be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome particular topographic and sight disadvantages.
(e) 
The Village Board may require that natural features, including trees, be preserved and that appropriate landscaping be provided.
(3) 
Easements. Easements shall be provided where required by the Plan Commission and the utilities for storm and sanitary sewers, gas, water, power, telephone, television cable, etc. They shall be at least 10 feet in width. Where a subdivision is traversed by a watercourse, channel or stream, an easement shall be provided for an adequate drainage conforming substantially with the lines and area of such watercourse, channel or stream. The location, width, alignment and any proposed improvement of such drainageway shall be subject to approval by the Plan Commission. Wherever possible, stormwater drainage shall be maintained by landscaped open channel of adequate width and grade to hydraulically achieve maximum potential volumes of flow. Sizes and design details shall be subject to review and approval by the Village Board.
(1) 
General provisions.
(a) 
Installation of improvements. Before final plat approval of any subdivision within the Village is granted, the subdivider shall either install the improvements required under this section or shall furnish the Clerk-Treasurer with a satisfactory surety performance bond or other form of surety to the Village, as approved by the Village Attorney, to cover the subdivider's cost of such required improvements as estimated by the Plan Commission. The purpose of said surety is to secure the actual construction and installation of such improvements immediately after final plat approval or at a time in accordance with the requirements of the Village Board.
(b) 
Surety bond. If a surety performance bond is furnished, as provided in par. (a) above, all required improvements must be completed within one year from approval of the final plat. If not so completed and unless good cause can be shown for granting an extension of time, the Village Board, at its option, may cause all the uncompleted work to be constructed and the parties executing the bond shall be firmly bound for the payment of all necessary costs thereof. The Clerk-Treasurer shall return the bond to the subdivider upon the completion and acceptance of the required improvements, at which time a one year maintenance guarantee bond must be filed guaranteeing the timely repair of any defects that may occur in the ensuing one year.
(c) 
Plans and specifications. If requested by the subdivider, the Village Board may elect to have plans and specifications for any or all of the required improvements prepared by the consultants of the Village. If the subdivider is required by the Village Board to furnish plans and specifications, they shall be prepared by a registered engineer and approved by the consultants of the Village and any State agency having jurisdiction over such plans. In either case, the subdivider shall be responsible for the cost of plan preparation and any surveys needed to prepare the plans.
(d) 
Construction. The Village Board may undertake construction of any improvement at the request of the subdivider. Construction must be approved by the Plan Commission and the subdivider must deposit a check or cash with the Village Treasurer in the amount of the estimated cost of the work prior to the start of construction. Payment in full shall be made to the Village, or reimbursement to the subdivider, upon completion of the work and determination of the total cost of the project. The construction of any improvements not undertaken by the Village shall be the responsibility of the subdivider.
(e) 
Inspection. All construction shall be subject to inspection, as designated by the Village Board. The cost of such inspection on construction undertaken by the Village shall be included in the cost of construction. The cost of inspection on construction undertaken by the subdivider shall be charged to the subdivider.
(f) 
Dedication of facilities and improvements. All facilities and improvements installed prior to the final approval of the plat shall be dedicated to the Village along with streets and other public areas upon approval of the plat. Facilities and improvements completed under bond or other financial guarantee, after approval of the plat, shall be considered dedicated to the Village upon their approval and acceptance and release of the bond or other guarantee. Prior to the release of the bond or other guarantee, the subdivider shall file a one year maintenance guarantee bond guaranteeing the timely repair of any defects that may occur in the ensuing year.
(2) 
Survey monuments. The subdivider shall install survey monuments placed in accordance with the requirements of § 236.15, Wis. Stats.
(3) 
Sanitary sewer and water.
(a) 
A public sanitary sewer system and water system adequate to serve the subdivision and compatible with the Village-wide sanitary sewer and water development plans shall be provided and include a lateral connection for each system to each lot and a satisfactory connection to the Village sanitary sewer system and water system. Each lateral shall be marked in the field.
(b) 
If it is necessary to traverse unimproved land with sanitary sewer main to serve the subdivision, the Village shall install such sewer main and the subdivider shall pay the cost of such construction. The Village Board shall reimburse the subdivider to the extent that special assessments are levied for such construction. In the event such special assessments are deferred, the subdivider shall be reimbursed when the special assessments are paid or when installment payments commence.
(c) 
The Village Board may authorize the subdivider to construct any sanitary sewer facility as hereinbefore provided. However, in the event such construction benefits land outside the subdivision, authorization will be granted only if the subdivider waives, in writing, any and all rights to reimbursement from the Village.
(4) 
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 Plan Commission for approval, streets shall be constructed by the subdivider in accordance with the following standards:
(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 six inches of crushed stone plus six inches of gravel.
(b) 
Blacktopping. The year after the installation of the crushed stone and gravel in the roadway, the subdivider, at his expense, shall apply a standard six-inch curb and twenty-four-inch gutter and a full-width bituminous surface at a completed depth of at least 2 1/2 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 40 feet, except for cul-de-sac turnarounds, the expense of installing the crushed rock, gravel and blacktopping for the additional width shall be paid by the Village.
(c) 
Curb and gutter. Prior to blacktopping, the subdivider shall install the standard six-inch curb and twenty-four-inch gutter in accordance with plans and specifications approved by the Director of Public Works. The subdivider shall pay 100% of the cost.
(5) 
Storm sewer. Storm sewer facilities shall be constructed within the subdivision boundaries in the locations and sizes needed to accommodate the design flow volumes. Such facilities shall include mains, channels, inlets, catch basins and laterals as required. If the Village is required to construct storm sewer facilities outside of the boundaries of the subdivision to serve the subdivision facilities, the subdivider shall share in the cost of such facilities in the same ratio that the area of the subdivision bears to the total area served by the outside construction.
(6) 
Utilities. The subdivider shall cause gas, electrical power, cable TV and telephone facilities to be installed in such a manner as to make service available to each lot. The subdivider shall have written statements from all the utilities stating that the easements, as shown on the final plat, are acceptable to them.
(1) 
Dedication and reservation of land. Whenever a tract of land to be subdivided embraces all or any part of a street, drainageway or other public way which has been designated in the master plan, comprehensive plan component or on the official map of the Village, said public way shall be made part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or maps and in accordance with this section.
(2) 
Determination. Whenever a proposed school site, park, playground, greenway, open space or other public land, other than streets or drainageways, designated in the master plan, comprehensive plan component or on the official map of the Village, 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 dedicated to the public at the rate of one acre for each 15 proposed dwelling units; and said proposed public lands, other than streets or drainageways, in excess of the rate established herein shall be reserved for a period not to exceed one year from the date of final plat approval unless extended by mutual agreement for purchase by the public agency having jurisdiction, or unless extended by a mutual agreement for acquisition by the Village. The purchase price shall be the present fair market value of said lands in an undeveloped state as indicated by impartial appraisal. Costs for said appraisal are to be shared equally between the developer and the Village.
(3) 
Proportionate payment in lieu of dedication.
(a) 
If the amount of land required to be dedicated, other than for streets and drainageways, as indicated on the master plan, comprehensive plan component or official map of the Village totals less than the ratio of one acre for each 15 proposed dwelling units, the subdivider shall pay to the Village a fee equivalent to the fair market value of the amount of land representing the difference between the amount of land required to be dedicated, other than the streets and drainageways, as indicated on said plans or maps and the rate of dedication established herein. Said fees required in lieu of dedication shall be paid to the Clerk-Treasurer at the time of first application for approval of a final plat of said subdivision.
(b) 
Special fund. All funds so collected by the Village shall be deposited as "Special Fund For the Acquisition and Development of Public Sites, Recreation Areas, Open Spaces and Greenways" funds so levied and collected shall be used for such purposes at such places and in such manner as shall be approved, ordered and directed by the Village Board upon recommendation by the Plan Commission and which shall be consistent with this section, the master plan, comprehensive plan component or official map of the Village and authorization for creation of said fund is hereby granted. Any and all interest accumulated upon such funds shall be added to the Special Fund and be used only for acquisition and developments for said purposes.
(4) 
Development of dedicated area. It shall be the duty of the Village to properly develop and maintain the dedicated areas and the owner who dedicated said land shall in no way be responsible for its development, maintenance or liability thereon, except that said owner shall not develop the surrounding area in a manner which would unduly depreciate the purpose, use or value of the dedicated property and except if such owner shall reside on one of the subdivided parcels, in which case he shall be responsible for the maintenance of adjacent public property as may be required elsewhere in this Code.
[Added by Ord. No. 125]
(1) 
Procedure. The Village Board declares it necessary and appropriate to require site plan approval of development in certain districts to preserve and promote attractive, well-planned stable urban conditions. This includes all proposed multi-family dwellings (3 or more units), commercial and industrial and developments, and all proposed developments in any Wetland District. Site plan approval by the Village Board must be obtained before a building permit is issued.
(2) 
Application for site plan approval. Applications for site plan approval shall be on a form provided by the Clerk-Treasurer. The applicant shall submit to the Clerk-Treasurer an administrative processing fee with the application in the amount of $150. The application and copies of the site plan shall be submitted at least 14 days prior to the next Plan Commission meeting. In all cases, the site plan application shall contain:
[Amended by Ord. No. 180]
(a) 
Names of project/development.
(b) 
Location of project/development by street address.
(c) 
Location map, including area within 1/2 mile of site.
(d) 
Name, mailing address and telephone number of developer/owner.
(e) 
Name, mailing address and telephone number of engineer/architect.
(f) 
Date of plan preparation.
(g) 
North point indicator.
(h) 
Scale.
(i) 
Boundary line of property with dimensions.
(3) 
Site plan requirements. The site plan may be required by the Clerk-Treasurer to contain the following:
(a) 
Location, identification and dimension of existing and proposed:
1. 
Existing and proposed topographic contours at a minimum interval of two feet.
2. 
Adjacent streets and street rights-of-way.
3. 
On-site street and street rights-of-way.
4. 
Utilities and utility right-of-way easements:
a. 
Electric.
b. 
Natural gas.
c. 
Telephone.
d. 
Water.
e. 
Sewer (sanitary and storm).
5. 
Buildings and structures.
6. 
Parking facilities.
7. 
Water bodies.
8. 
Surface water holding ponds, drainage ditches and drainage patterns.
9. 
The location of tree cover, including the designation of trees of 15 inches in diameter or more.
10. 
Wetlands.
11. 
Sidewalks, walkways, driveways, loading areas and docks, bikeways.
12. 
Fences and retaining walls.
13. 
Exterior signs.
14. 
Exterior refuse collection areas.
15. 
Exterior lighting.
16. 
Landscaping (detailed plan showing plantings, equipment, etc.)
17. 
Traffic flow on site.
18. 
Traffic flow.
19. 
Surface water drainage arrows.
20. 
Drainage plan, if required by the Plan Commission.
(b) 
Cross-sections of property as required by the Plan Commission.
(c) 
Location of existing and proposed public and private open space.
(d) 
A staging plan for any project involving more than one construction season which sets forth the chronological order of construction and relates the proposed uses and structures to the construction of various service facilities and gives estimated completion dates.
(e) 
Site statistics, including site square footage, percent of site coverage, dwelling unit density, percent park or open space.
(f) 
Elevation drawings of all proposed structures and buildings, with dimensions.
(g) 
Heights a minimum of one foot above road level of the lowest floor when the structure is proposed to be located in a Wetland District or Conservancy District.
(h) 
Gross square footage of existing and proposed structures and buildings.
(i) 
Exterior finish materials which must be metal or masonry, or a material approved by the Building Inspector and the Plan Commission.
(j) 
A listing of all required Federal, State and Village permits and status of applications.
(k) 
Other information considered pertinent by the Village staff and consultants.
(4) 
Notification of site plan review. A notice of site plan review shall be mailed at least seven days prior to the Plan Commission meeting to each owner of property situated wholly or partly within 150 feet of the property to which the site plan relates. The Clerk-Treasurer shall be responsible for mailing such notices. For the purpose of giving mailed notice, the Clerk-Treasurer may require the owner of the property affected to furnish an abstractor's property certificate showing the property owners within 150 feet of the property.
(5) 
Review and recommendation by the Plan Commission. In considering applications for site plan approval under this chapter, the Plan Commission shall consider the following:
(a) 
Interrelationship with the plan elements to conditions both on and off the property.
(b) 
Conformance to the Village comprehensive plan.
(c) 
The impact of the plan on the existing and anticipated traffic and parking conditions.
(d) 
The adequacy of the plan with respect to land use.
(e) 
Pedestrian and vehicular ingress and egress.
(f) 
Building location and height.
(g) 
Architectural and engineering features.
(h) 
Landscaping and lighting.
(i) 
Provisions for utilities.
(j) 
Site drainage.
(k) 
Open space.
(l) 
Loading and unloading areas.
(m) 
Grading.
(n) 
Signage.
(o) 
Screening.
(p) 
Setbacks.
(q) 
Other related matters.
The Plan Commission shall consider oral or written statements from the applicant and the public. The Commission may question the applicant and it may approve, disapprove or table by motion the development proposal. The application may not be tabled for more than 60 days. The Commission may impose necessary conditions and safeguards.
(6) 
Review and decision by Village Board. The Village Board shall review the site plan approval application after the Plan Commission has made its recommendations. In its review, the Board shall consider the same impacts and features as did the Commission. The Board shall retain the right to reject or amend the plans or require further details of the plans before final approval.
(7) 
Developer's agreement. Prior to issuing a building permit, the Village Board may require the developer to sign an agreement with the Village which assures that particular elements of the site plan approval application, either proposed by the applicant or imposed by the Village, shall be carried out, including, but not limited to, a time table for project completion, performance bonding and financing commitments and contingencies.
(8) 
Standards. No site plan shall be approved or recommended by the Plan Commission unless the following performance standards are incorporated in the plan.
(a) 
Nuisance control. No operations shall produce excessive noise, light, odor, smoke, vibration, heat, industrial waste or other excessive measurable external nuisance. Violations of this section will be enforced by existing Federal, State and local agencies. Existing Village ordinances shall apply. Trash storage, if visible from the front of the building, shall be surrounded by an approved six foot fence or enclosure. All owners are responsible for picking up their debris on their lot or adjacent lots or roads.
(b) 
Outdoor storage. Open areas should be aesthetically attractive and, as much as is feasible, free from the storage of equipment, drums, pallets, etc. In these cases, the user shall have the option of installing a fence that is at least six foot in height, closed, painted and/or stained and kept in good repair and shall plant trees or hedging that restricts the view from such outdoor storage. All outdoor storage shall be safe storage. No explosives, hazardous wastes or other harmful or dangerous matter shall be allowed.
(c) 
Employee parking. Parking shall primarily be restricted to side and rear areas. Lot surfaces should be graded and covered with trap rock or better surfaces. Except for allowances for new construction and expansions, the use of on-street parking shall be prohibited.
(d) 
Landscaping requirements. A landscaping plan is required with the site plan. Landscaping shall be completed in the first 12 months of construction being completed. All landscaping should include an acceptable graded lawn, well kept and mowed, and trees and shrubs in good conditions. Where possible, utilities shall be put underground.
(e) 
Signs. Signs shall comply with sec. 17.25(3) of this Code. Any lighting for signs shall be approved and shall not be a flashing type of light. Building mounted signs should be flush mounted, less than 10% of the wall size, and shall not exceed the roof line.
(f) 
Easements. Users agree to cooperate with all minor easements and for the allowance of utilities, access to railway, etc.
(g) 
Drainage control. Drainage facilities in accordance with Village standards as determined by the Building Inspector, Village Engineer, Plan Commission and Village Board.
(h) 
Building maintenance. Users are responsible for maintaining the building, which includes repairing walls, windows and roof, and keeping building painted or stained. This also includes the care of sidewalks and parking lots. Violations of this paragraph shall be enforced under sec. 25.04 of this Code.
In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin statutes.
(1) 
General. Where the Village Board finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided that the Village Board shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case as follows:
(a) 
The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property as located.
(b) 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, and not applicable to other property.
(c) 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.
(d) 
The variance will not, in any manner, vary the provisions of the Zoning Code, master plan or Official Map.
(2) 
Conditions. In approving variances, the Village Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(3) 
Procedures. A petition for any such variance shall be submitted, in writing, by the subdivider at the time the preliminary plat is filed for the consideration of the Plan Commission and the Village Board. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
Any person convicted of failure to comply with the provisions of this chapter shall forfeit not less than $25 nor more than $200 and the costs of prosecution for each violation, and, in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment is made, but such imprisonment shall not exceed 30 days. Each day a violation exists or continues shall constitute a separate offense. Also, failure to comply with the requirements of this chapter invalidates purported transfers of title at the option of the purchaser, in accordance with the provisions of Ch. 236, Wis. Stats. In addition, the remedies provided by Ch. 236, Wis. Stats., shall be available to the Village.