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:
(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:
(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.
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.
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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.
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(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.
