[HISTORY: Adopted by the Bellevue Board 10-28-1998 (Ch. 18 of
the 1998 Code); amended 4-27-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 188.
Comprehensive Plan — See Ch. 205.
Construction site erosion control — See Ch. 209.
Impact fees — See Ch. 270.
Mobile homes and mobile home parks — See Ch. 310.
Sewer use — See Ch. 368.
Stormwater management — See Ch. 400.
Streets and sidewalks — See Ch. 404.
Vehicles and traffic — See Ch. 443.
Water — See Ch. 450.
A.
Title. This chapter shall hereafter be known, cited and referred
to as the "Village of Bellevue Subdivision and Platting Regulations."
B.
Jurisdiction and purpose. The following regulations are adopted under
the authority of § 236.45, Wis. Stats., for the purpose
of promoting the public health, safety and general welfare and are
designed to:
(1)
Lessen congestion in the streets and highways;
(2)
Further the orderly layout and use of land;
(3)
Provide for proper ingress and egress;
(4)
Secure safety from fire, panic and other dangers;
(5)
Provide adequate light and air, including access to sunlight for
solar collectors and to wind for wind energy systems;
(6)
Prevent the overcrowding of land;
(7)
Avoid undue concentration of population;
(8)
Facilitate adequate provision for transportation, water, sewerage,
schools, parks, playgrounds and other public requirements;
(9)
Facilitate the further resubdivision of larger tracts into smaller
parcels of land; and
(10)
Promote proper monumenting of land subdivided and conveyancing
by accurate legal description.
C.
Applicability.
(1)
These regulations shall apply to the following:
(a)
Subdivision. Any division of land within the Village which results
in a subdivision as defined herein shall have a plat thereof prepared,
approved and recorded as required by this chapter and Ch. 236, Wis.
Stats.
(b)
Certified survey map. Any division of land whereby parcels of 10
acres or less are created in size, which does not necessitate the
preparing of a subdivision plat, shall have a certified survey map
prepared, approved and recorded as required by this chapter and Ch.
236, Wis. Stats.
(c)
Replatting. When a replat of a recorded subdivision or part thereof
is proposed, the subdivision shall be vacated or altered according
to the provisions of §§ 236.40 through 236.445, Wis.
Stats.
(2)
Exceptions. The provisions of this chapter, insofar as they may apply
to divisions of less than five parcels, shall not apply to:
(a)
Transfers of interest in land by will or pursuant to court order.
(b)
Leases for a term not to exceed 10 years, mortgages or easements.
(c)
The sale or exchange of land between owners of adjoining property
if additional lots are not thereby created and the lot sizes resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
D.
Administration. These regulations shall be administered by the Village
Board and/or its designated officials or agencies, hereinafter referred
to as the "Board."
Words used in the present tense include the future; the singular
number includes the plural; the plural number includes the singular
number; and the word "shall" is mandatory and not permissive. For
the purpose of these regulations, the following terms are defined:
In the context of Village review of a preliminary or final
subdivision plat, "act" or "action" shall mean approval, conditional
approval, denial, or request for modification or for additional field
study, inspections or documentation.
A map adopted by the Village Board indicating the physical
layout of future streets, alleys, culs-de-sac, drainageways, easements,
parks, and stormwater management facilities to include retention/detention
ponds. Area development plans, when adopted by the Village Board,
constitute amendments to the Village's Official Map.
A parcel, lot or group of lots existing within well defined
and fixed boundaries, usually being an area surrounded by streets
or other physical barriers, and having an assigned number, letter
or other name through which it may be identified.
The Village Board of the Village Bellevue or any of its designated
officers or agencies.[1]
Lines established adjacent to lot lines or street right-of-way
lines for the purpose of defining limits within which any or certain
buildings, structures or uses may not be constructed, maintained or
carried on, except as may be provided for in the Zoning Ordinance.
A map of a division of land prepared in accordance with Ch.
236, Wis. Stats., and the terms of this chapter. May be referred to
as a "CSM."
A natural or artificial watercourse of perceptible extent
with definite bed and banks to confine and conduct continuously or
periodically flowing water. Channel flow thus is that water which
is flowing within the limits of a defined channel.[2]
The official guide for the physical, social and economic
growth of the Village properly enacted or adopted according to statute,
which is now or may hereafter be in effect.[3]
Approval of a plat or certified survey map by the Village
Board subject to the plat or certified survey map meeting certain
specified requirements as determined by the Village Board.
A public right-of-way traversing a block for the purpose
of providing pedestrian access.
A short minor street having one end open to motor traffic
and the other end terminated by a vehicular turnabout.
Shall refer to calendar days.
A street having only one outlet for vehicular traffic and
no vehicular turnabout.
The act of constructing buildings or installing site improvements.
A lot other than a corner lot which has frontage on two substantially
parallel streets.
A strip of land reserved to provide a corridor through which
stormwater runoff can drain by means of surface drainage or by conveyance
through a storm sewer pipe.
A quantity of land set aside or over which a liberty, privilege
or advantage in land without profit, existing distinct from the ownership
of the land, is granted to the public, utility or some particular
person, corporation or part of the public for limited right of use.
The map or drawing of a subdivision prepared in compliance
with the provisions of Ch. 236, Wis. Stats., and the terms of this
chapter.
A temporary rise in stream flow or stage that results in
water overtopping its banks and inundating areas adjacent to the channel.
That area of land used to carry floodwater between the floodway
and the floodplain limits.
The land adjacent to a body of water, including the floodway
and the flood fringe, which has been or may be hereafter covered by
floodwater, including but not limited to the regional one-hundred-year
flood.
A graph of a longitudinal profile showing the relationship
of the water surface elevation of a flood event to location along
a stream or river.
The channel of a stream and those portions of the floodplain
adjoining the channel that are required to carry and discharge the
floodwaters or flood flows of any river or stream, including but not
limited to flood flows associated with the regional one-hundred-year
flood.
The length of the front property line of the lot, lots or
tract of land abutting a public street. On a curved street, such length
may be measured along the cord length at the building setback line.
The slope of land, road, street or other public way specified
in percent.
A drawing of a proposed area with plans and specifications
for grading.
The recorded average of all the high-water elevations during
the period of record for a flowage or other body of water.
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, parkway, sidewalk, pedestrianway, planting strip, off-street
parking area or other facility for which the local municipality may
ultimately assume the responsibility for maintenance and operation.
The act of creating one or more separately described parcels
from a single parcel.[4]
Any freeway, highway, street or road for through-traffic
to which owners or occupants of abutting property or lands and other
persons have no legal right of access to or from the same except only
at such points and in such manner as may be determined by the public
authority having jurisdiction over such traffic way.
A local unit in this chapter includes the county as well
as towns, villages and cities.[5]
A fractional part of a subdivision or certified survey map
having an assigned number through which it may be identified and meeting
the requirements of this chapter and the Zoning Ordinance for a building
site.
The area contained within the property lines of individual
parcels of land as shown on a plat or certified survey map, excluding
any area within a street right-of-way but including the area of any
easement.
Mean sea level datum as established by the United States
Coast and Geodetic Survey.
All units with local self-government.
A residential living environment where the internal street
system discourages through traffic and where major thoroughfares preferably
bound the neighborhood; centrally located community buildings, schools
and playgrounds provide maximum pedestrian accessibility. Local shops
to meet daily household needs are grouped together at accessible points
providing a harmony of design and development.
The map of the Village by law showing thereon existing and
future streets, highways, parkways, parks, schools and other public
facilities as provided by § 62.23(6), Wis. Stats.
A parcel of land other than a lot which does not meet the
requirements of a lot at the time of platting.
A continuous acreage of land described in a single description
in a deed or one of a number of lots or outlots on a plat, separately
owned or capable of being separately conveyed.
A map of a subdivision.
A map showing the salient features of a proposed subdivision
submitted to the Plan Commission for purposes of preliminary consideration.
Every corporation, company, association, sanitary district
or municipality that may own or operate any plant or equipment for
the conveyance of telephone messages or for the production, transmission,
delivery or furnishing of heat, electricity, gas, water, cable television,
sewer or any other service deemed to be in the public interest shall
be deemed a public utility.
The changing of the boundaries of a recorded subdivision
plat or part thereof.
A plat representing land which has previously been included
in a recorded plat.
Written stipulations on the face of the plat regarding development
which the landowner must abide by.
An agency which is entitled to review and make recommendations
concerning a subdivision prior to the Board action.
A strip of land dedicated to the public, occupied or intended
to be occupied for a special use.
The graveled or paved portion of a street available for vehicular
traffic movement and parking.
An approved public street generally paralleling and contiguous
to a main traveled way, primarily designed to promote safety by eliminating
ingress and egress to the right-of-way and providing safe and orderly
points of access at fairly uniformly spaced intervals.
A septic tank seepage tile sewage disposal system or any
other sewage treatment device approved by the Director of Public Works
and the County Zoning Administrator as being in accordance with the
Brown County Private Sewage System Ordinance, the rules of the Department
of Health Services and the Department of Natural Resources and which
services only one lot.[6]
An area in the Village of Bellevue which, in the judgment
of the Board, may be readily and feasibly served by public sanitary
sewer and water by extensions to existing sewer and water systems.
That area of the Village of Bellevue which may be provided
with public sanitary sewer and water systems as permitted by Brown
County and the Green Bay Metropolitan Sewerage District.
That portion of a street right-of-way or crosswalk, paved
or otherwise surfaced, intended for pedestrian use only.
All accessways in common use, such as streets, roads, lanes,
highways, avenues, boulevards, alleys, parkways, viaducts, circles,
courts and culs-de-sac, and includes all of the land lying between
the right-of-way lines as delineated on a plat dedicated for public
use, but shall not include those accessways, such as easements and
rights-of-way intended solely for limited utility purposes, such as
for electric power lines, gas lines, telephone lines, water lines
or drainage and sanitary sewers.
Provides direct access to residential neighborhoods and commercial/industrial areas, has moderate to low traffic volumes, and primarily serves interneighborhood traffic. Collector streets function to collect and distribute traffic between local streets and arterials. The travel mobility and land access functions of collector streets are equal in nature. Existing and future streets are classified on the Village's Official Traffic Map adopted pursuant to § 443-2A of this Code.
A street bordering one or more property lines of a tract
of land in which the subdivider has allocated a part of the ultimate
right-of-way width.
Provides direct access to adjacent land uses and serves the ends of most trips within the urban area. All streets not classified as arterials or collectors are local. Existing and future streets are classified on the Village's Official Traffic Map adopted pursuant to § 443-2A of this Code.
Serves other economic activity centers important within the urban area, has moderate traffic volumes and primarily serves intercommunity traffic. Minor arterials interconnect and augment the principal arterial system and are generally extensions of the rural collector (county highway) system. Although the predominant function of minor arterials is traffic mobility, these routes serve some local traffic and provide more land access than principal arterials. Existing and future streets are classified on the Village's Official Traffic Map adopted pursuant to § 443-2A of this Code.
Serves the major economic activity centers of the urban area, has the highest traffic volumes, and primarily serves regional and intraurban traffic. These routes are generally extensions of rural arterials and provide a high level of travel mobility. Existing and future streets are classified on the Village's Official Traffic Map adopted pursuant to § 443-2A of this Code.
Any individual, firm, association, syndicate, partnership,
corporation, guardian, attorney, trust or any other legal entity commencing
proceedings under the regulations of this chapter to effect a subdivision
of land hereunder for himself or another.
Any division of a lot, parcel, or tract where:
A bond guaranteeing performance of a contract or obligation
through possible forfeiture of bond if such contract or obligation
is unfulfilled by the subdivider.
A land surveyor duly registered in the state.
A street with a high degree of continuity, including collectors,
arterials and limited access highways.
See "parcel."
Land in parcels or tracts sufficiently large for future subdivision
which is presently in agriculture, woodland or other nonintensive
use.
An easement to place, replace, maintain or move utility facilities,
such as telephone, water, sewer, gas, cable television, or stormwater
drainage.
A departure from the terms of this chapter as applied to a specific building, structure or parcel of land which the Village Board may permit, pursuant to § 410-8 of this chapter.
The rules of administrative agencies having rulemaking authority
in Wisconsin published in a loose-leaf, continual revision system
as directed by Chs. 35 and 227, Wis. Stats., including subsequent
amendments to those rules.
The Village of Bellevue Zoning Ordinance, Brown County, Wisconsin,
as adopted by the Board, and as may be hereafter amended.
A.
General requirements. The proposed subdivision shall conform to:
(1)
The provisions of Ch. 236, Wis. Stats.
(2)
All applicable Village ordinances.
(3)
The Village's Comprehensive Plan, Official Map, and Public Utilities
Plan, including all streets, drainage systems, and parks shown on
the Official Map or Comprehensive Plan.
(4)
The rules of the State of Wisconsin Department of Safety and Professional
Services relating to lot size and lot elevation necessary for proper
sanitary conditions in a subdivision not served by a public sewer,
where provision for public sewer service has not been made.
(5)
The rules of the State of Wisconsin Department of Transportation
relating to provision for the safety of entrance upon and departure
from any abutting state trunk highways or connecting highways and
for the preservation of the public interest and investment in such
highways.
B.
Land suitability. No land shall be divided or subdivided for a use
which is held unsuitable by the Board for reason of flooding or potential
flooding, adverse soil or rock formations, severe erosion potential,
unfavorable topography, inadequate drainage, inadequate water or sewage
disposal capabilities, or any other condition likely to be harmful
to the health, safety or welfare of the future residents of the proposed
subdivision or of the community.
(1)
Except as provided herein, the Board shall determine such unsuitability
at the time the preliminary plat or CSM is considered for approval.
(2)
When a proposed subdivision or certified survey map is located in
an area where flooding or potential flooding may be a hazard, the
Board may require that the subdivider determine floodplain boundaries
for the proposed plat or map. Floodplain boundaries as determined
by the subdivider shall be reviewed and approved by the Wisconsin
Department of Natural Resources.
(3)
When a proposed subdivision or CSM is located wholly or partly in
an area where flooding or potential flooding is a hazard, the Board
shall apply the following standards in addition to all other requirements
in the approval of plats and certified survey maps:
(a)
The development shall be in accordance with the floodplain management
standards of the Floodplain-Shoreland Management Section, Wisconsin
Department of Natural Resources, and the Brown County Shoreland and
Wetlands Ordinance and Floodplains Ordinance.[1]
(b)
Floodplain lines and, where calculated, floodway lines shall
be shown on all final plats and maps.
(4)
The Board in applying the provisions of this section shall, in writing,
recite the particular facts upon which it bases its conclusion that
the land is not suitable for the proposed use and afford the subdivider
with an opportunity to present evidence and the means of overcoming
such unsuitability, if the subdivider so desires, at a meeting of
the Plan Commission. Thereafter, the Board may affirm, modify, or
withdraw its determination of unsuitability.[2]
(5)
The subdivider may, as a part of the preliminary sketch or certified
survey map procedure, request a determination of land suitability,
provided that the subdivider shall provide all necessary maps, data,
and information for such a determination to be made.
(6)
Land divisions for public utilities and certain public facilities
involving structures not requiring on-site waste disposal systems
(i.e., land for water tower construction, pumping stations, power
relay stations, etc.) and other land divisions where conditions warrant
as determined by the Board, not requiring on-site waste disposal systems,
may be approved with the following required notation: "Restrictive
Covenant. No structure for human habitation shall be placed on this
lot until all state, county and Village regulations have been met
and a sanitary permit has been issued by the Brown County Zoning Administrator's
office."
C.
Streets and highways.
(1)
Generally.
(a)
The arrangement, character, extent, width, grade and location
of all streets shall conform to topographic conditions, existing natural
features, public convenience and safety, proposed uses of the land
to be served by such streets, and to all area development plans adopted
by the Village as shown on the Official Map.
(b)
The right-of-way width and building setback requirements of
all limited access expressways, highways and county trunk routes shall
be determined by the appropriate local unit having jurisdiction over
said route.
(2)
Arrangement of streets.
(a)
Principal and minor arterial streets shall be properly integrated
with the existing and proposed system of major streets, highways and
thoroughfares.
(b)
Collector streets shall be properly related to special traffic
generating facilities, such as schools, churches and shopping centers,
to population densities and to the arterial streets into which they
feed.
(c)
Local streets shall be laid out to conform as much as possible
to topography, to discourage use by through traffic, to permit efficient
drainage and sewer systems, and to require the minimum amount of street
necessary to provide convenient, safe access to property.
(3)
Arterial streets. When a subdivision abuts or contains an existing
or proposed arterial street, the Board may require service drives,
reverse frontage lots with screen planting contained in a nonaccess
reservation along the rear of the property line, deep lots with rear
service alleys or such other treatment as may be necessary for adequate
protection of residential properties and to afford separation of through
and local traffic.
(4)
Frontage streets. Where a subdivision borders on or contains a railroad
right-of-way or limited access highway right-of-way, the Board may
require a street approximately parallel to and on each side of such
right-of-way at a distance suitable for the appropriate use of the
intervening land. Such distances shall be determined with regard for
the requirements of approach grades and future grade separations.
(5)
Street jogs. Street jogs with center line offsets of less than 150
feet shall be avoided.
(6)
Rounded corners. Property lines at street intersections may be required
to be rounded with a radius of 12 feet or greater where the Board
considers it necessary. Cutoffs or chords may be permitted in place
of rounded corners.
(7)
Tangents. A tangent at least 100 feet long shall be introduced between
reverse curves on major and collector streets.
(8)
Arc distances. Arc distances when appropriate for lot frontages on
curved rights-of-way shall be shown along the lot frontage for municipal
assessment purposes.
(9)
Intersections. Streets shall be laid out so as to intersect as nearly
as possible at right angles, and no street shall intersect any other
street at less than 60°, and more than two streets intersecting
at one point shall be discouraged.
(10)
Reserve strips. Reserve strips or median strips controlling
access to streets shall be prohibited except where approved by the
Board.
(11)
Rights-of-way. Unless a narrower width is approved by the Board,
all street rights-of-way shall be not less than the width specified
below:
(12)
Visibility. Clear visibility measured along the center line
shall be not less than specified below:
|
Street Type
|
Minimum Sight Distance
(feet)
| |
|---|---|---|
|
Arterial
|
400
| |
|
Collector
|
350
| |
|
Local
|
200
|
(13)
Curvature. The minimum radii or curvature on the center line
shall be as specified below:
|
Street Type
|
Minimum Radius
(feet)
| |
|---|---|---|
|
Arterial
|
300
| |
|
Collector
|
200
| |
|
Local
|
100
|
(14)
Culs-de-sac. Streets designed to have one end permanently closed
shall not exceed 1,000 feet in length and shall provide a turnabout
with a minimum right-of-way radius of 65 feet and a return radius
of 25 feet, unless shorter radiuses are permitted by the Board.
(15)
Half streets.
(a)
Where a half street has previously been dedicated adjacent to
the subdivision, the remaining half of the street shall be dedicated
by the subdivider.
(b)
Where no half street adjacent to the subdivision exists, the
dedication of half streets will not be approved unless the remaining
portion shall appear as a mapped street on the Official Map.
(16)
Street grades. Street grades shall conform to grades established
by the Village Engineer.
(17)
Street names.
(a)
Any street which is the reasonable continuation of an existing
street shall bear the same name. If the topography or other features
of a permanent nature are such as to render the continuation of the
actual roadway impossible and where such nomenclature is apt to produce
confusion, the street shall not carry the same name as the street
to which it may be geometrically aligned.
(b)
The Village Board may disapprove the name of any street shown
on the plat which has already been used elsewhere in the county which
because of similarity may cause confusion.
(c)
The following table shall be considered in nomenclature:
|
Type
|
Dead End
|
Curving
|
Straight
| |
|---|---|---|---|---|
|
Short streets
|
Places or courts
|
Crescent, way, circle or lane
|
Terrace, row or lane
| |
|
Long streets
|
Drive
|
Street or avenue
|
(d)
The term "boulevard" shall be reserved for such streets which
because of their breadth or monumental character are to be especially
designated.
(e)
The term "road" shall be reserved for collector and arterial
streets when approved by the Board.
D.
Easements and restrictive covenants.
(1)
Easements provided for utilities, where required by the Board, shall
be at least 10 feet wide.
(2)
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream there shall be provided a stormwater easement or drainage
right-of-way of sufficient width conforming substantially to the (floodway)
line of such a watercourse. Wherever possible, the drainage shall
be maintained by an open channel with landscaped banks and adequate
width for maximum potential volume of flow as determined by the Board.
Grading or construction adequate for the purpose may be required.
Such improvement shall be guaranteed prior to approval of the final
plat.
(4)
In cases of in-fill development where the majority of existing buildings
are set back at a distance which is less than that listed above, the
Board may reduce the minimum building setback in order to promote
continuity.
(5)
In the case of state or county highways, the minimum building setback
shall be established by the local unit having jurisdiction over said
highway.
E.
Blocks.
(1)
The lengths, widths and shapes of blocks shall be such as are appropriate
for the locality and the type of development contemplated, but block
lengths in residential areas shall not exceed 1,500 feet between right-of-way
lines.
(2)
Pedestrian crosswalk easements not less than 15 feet wide may be
required by the Board through the center of blocks where deemed essential
to provide circulation or access to schools, parks, playgrounds, shopping
centers, transportation and other community facilities.
F.
Lots.
(1)
Lot sizes, widths, depths, shapes, orientation and the minimum building
setback lines shall be appropriate for the location of the subdivision
and for the type of development and use proposed. The lot arrangement
shall be such that there will be no foreseeable difficulties, for
reasons of topography or other conditions, in securing building permits
to build on all lots in compliance with the Zoning Ordinance and in
providing driveway access to buildings on the lots from an approved
street.
(2)
Lot dimensions shall comply with the minimum requirements of the
Zoning Ordinance. Where lots are more than double the minimum required
area for the zoning district, the Board may require that those lots
be arranged so as to allow further subdivision and the opening of
future streets where they would be necessary to serve potential lots,
all in compliance with the Zoning Ordinance and these regulations.
(3)
Depth and width of properties reserved or laid out for commercial
and industrial purposes shall be adequate to provide for the off-street
service and parking facilities required by the type of use and development
contemplated.
(4)
Every lot in a subdivision shall abut on a public street.
(5)
Side lot lines shall be substantially at right angles or radial to
street lines.
(6)
Double frontage or reverse frontage lots shall be restricted to areas
where essential to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.
[Amended 3-14-2018 by Ord. No. O-2018-05]
(7)
All lots shall be numbered in continuous numerical order without
the use of blocks.
(8)
Outlots will not be permitted except when judged necessary by the
Board.
G.
Dedication of land for public use.
(1)
When a final plat of a subdivision or a certified survey map has
been approved by the public bodies and all other required approvals
are obtained and the plat or certified survey map is recorded, that
approval shall constitute acceptance of all lands shown on the plat
or certified survey map as dedicated to the public, including street
dedications, for the purpose designated.
(2)
Whenever a preliminary plat includes a proposed dedication of land
to public use and the Board finds that such land is not required or
not suitable for public use, the Board may refuse to approve such
dedication.
H.
General park and open space land dedication requirements.
(1)
Authority and purpose. Pursuant to the authority granted by § 236.45,
Wis. Stats., the requirements of this subsection are established to
ensure that adequate parks, open spaces, and sites for other public
uses are properly located and preserved as the Village grows. It has
also been established to ensure that the cost of providing such sites
and facilities necessary to serve additional people brought into the
community by land development may be equitably apportioned on the
basis of the additional needs created by new development.
(2)
Applicability. This section shall apply to all land divisions in
the Village, including subdivision plats, certified survey maps, condominium
plats and metes and bounds divisions creating new parcels. All such
land divisions shall be reviewed by the Village to determine the need
for suitable public sites as described herein.
(3)
Public sites and open spaces defined. Suitable sites of adequate
area shall be dedicated or reserved for parks, open spaces, trail
systems, and for other public recreational purposes as indicated by
the Village's Smart Growth Comprehensive Plan and/or as designated
in the Village Comprehensive Outdoor Recreation Plan. If not so designated
or indicated, consideration shall also be given to public lands that
may include the preservation of scenic or historic sites, stands of
fine trees, marshes, lakes and ponds, waterways, watersheds, ravines,
or other lands determined by the Park Commission to be necessary and
suitable for public recreational purposes. The Park Commission shall
review the physical conditions and attributes of any lands proposed
for public recreational purposes to determine their quality and suitability
for their intended public purpose, and shall also determine that such
lands would be credited toward the subdivider's land dedication requirements.
(4)
Park Commission determination of options. Each subdivider of land
in the Village shall, at the discretion and direction of the Village
Park Commission, either dedicate public and open space lands as indicated
in the Village Smart Growth Comprehensive Plan and/or as designated
in the Village Comprehensive Outdoor Recreation Plan, or where no
public or open space lands are dedicated, a fee in lieu of land shall
be paid.
(5)
Public site land dedication option. Where a proposed public site or other open space land as defined in Subsection H(3) of this section is encompassed, all or in part, within the tract of land to be subdivided or developed, the public site or public lands shall be made a part of the plat and shall be dedicated to the Village by the subdivider. Should the value of the land to be dedicated be less than the value of the fee in lieu of land, the subdivider shall be required to pay the Village the difference between the value of the land dedicated and the fee in lieu of land. Should the value of the land to be dedicated exceed the fee in lieu of land, any lands in excess of the value of the fee in lieu of land shall be reserved for a period not to exceed three years, unless extended by mutual agreement, for purchase by the Village at the price agreed upon and set forth in the development agreement. If the reserved lands are not acquired within the three-year period, the land will be released from reservation to the owner. Land values shall be determined in accordance with the procedure described in Subsection H(10) of this section.
(6)
Fee in lieu of land payment option. If a proposed land division or
condominium does not encompass a proposed public site or other open
space lands, the subdivider shall pay a fee in lieu of land to be
used for the acquisition of public sites to serve the proposed land
division or condominium. The fee in lieu of land shall be determined
by Village Board resolution. The fee amount, which is on file in the
Village Clerk-Treasurer's office, shall be based on a per dwelling
unit basis. Such fees shall be paid to the Village Clerk-Treasurer
at the time of first application for approval of a final plat, certified
survey map, condominium plat, or other type of land division. If a
land division is recorded without paying the fee, and the fee is not
subsequently paid, the Village shall place the fee on the tax roll
for the property. In addition to fee in lieu of land, the Village
may charge a park improvement fee pursuant to state statutes.
(7)
Land dedication and fee in lieu of land. The Park Commission may recommend the subdivider satisfy the requirements by combining land dedication and fee in lieu of land payments. The fee in such cases shall be determined by subtracting the value of the dedicated land from the total fee which would have been dedicated by the subdivider. The land value shall be determined in accordance with the procedures described in Subsection H(10) of this section.
(8)
Consideration of private recreational facilities. Developments such
as conservation subdivisions or planned unit developments which contain
their own recreational lands or facilities may be considered for a
reduction in the requirements for providing public sites or paying
fee in lieu of land. Requests for such reductions shall be reviewed
and may be recommended by the Park Commission. In its deliberations,
the Park Commission shall consider the extent that the private lands
or facilities would satisfy public site needs generated by the development.
Any such reductions shall be stipulated in the development agreement
for the project.
(9)
Use of fee in lieu of lands. The fee in lieu of land shall be deposited
as special funds for the acquisition of public sites, recreation areas,
open spaces and greenways (park special revenue fund), and such funds
so levied and collected shall be used for such purposes at such places
and in such manner as approved, ordered and directed by the Village
upon recommendation by the Park Commission. Any and all interest accumulated
by such funds shall be added to the special fund and be used only
for the acquisition and developments for such purposes.
(10)
Land values. The value of lands to be dedicated for park or
open space purposes shall be agreed upon by the Village and the subdivider
on the basis of full and fair market value of the land to be dedicated.
If the value cannot be agreed upon by the Village and the developer,
an appraisal board consisting of one appraiser selected by the Village
and retained at the Village's expense, one appraiser selected by the
subdivider and retained at the subdivider's expense, and a third appraiser
selected by the other two appraisers and retained at a cost shared
equally by the Village and the subdivider, shall determine the value
of the land.
(11)
Park improvement fee. In addition, at the time a building permit
is issued for new construction of a residential dwelling unit, a one-time
fee shall be assessed and paid as a special charge for park development.
The park improvement fee shall be determined by Village Board resolution.
The fee amount, which is on file in the Village Clerk-Treasurer's
office, shall be based on a per dwelling unit basis. Park improvement
fees shall be due in full upon issuance of a building permit.[3]
A.
Preliminary plat requirements.
(1)
The preliminary plat shall be drawn with waterproof nonfading black
ink or legibly drawn with pencil on tracing cloth or tracing paper
of good quality at a scale of not greater than 100 feet to one inch
and shall show correctly on its face:
(a)
Name, license number and seal of the surveyor preparing the
plat.
(b)
Date, scale and North point.
(c)
The proposed subdivision name which shall not duplicate the
name of any plat previously recorded in Brown County.
(d)
The name and address of the owner.
(f)
A small scale drawing of the section or government subdivision
of the section in which the subdivision lies with the location of
the subdivision, and any creeks, streams, rivers or other environmentally
sensitive areas (ESAs) indicated thereon.
(g)
The lengths and bearings of the exterior boundaries of the proposed
plat.
(h)
Location and names of adjacent subdivisions and the owners of
adjoining parcels of unplatted land.
(i)
Contour lines at five-foot intervals or at two-foot intervals
if deemed necessary by the Board.
(j)
Locations, widths and names of all existing platted or dedicated
streets, alleys or other public ways and easements, railroad and utility
rights-of-way, parks, cemeteries, watercourses, drainage ditches,
permanent buildings, bridges and other pertinent data as determined
by the Board.
(k)
The floodway and regional flood elevations of adjoining lakes,
rivers or streams at the date of the survey. All elevations shall
be referred to United States Coast and Geodetic Survey datum as utilized
by the Village.
(l)
If the subdivision borders a lake or stream, the distances and
bearings of a meander line established not less than 20 feet back
from the ordinary high-water mark of the lake or stream.
(m)
Layout and width of all new streets and rights-of-way such as
alleys, highways, easements for sewers, water mains and other public
utilities.
(n)
Approximate dimensions and area of lots.
(o)
Proposed building setback lines.
(p)
Approximate radii of all curves and lengths of tangents.
(q)
Approximate location and area of property proposed to be dedicated
for public use or to be reserved by deed covenant for use of all property
owners in the subdivision with the conditions, if any, of such dedication
or reservation.
(r)
Location of any existing buildings, wells, or septic systems.
(s)
A brief description of the proposed restrictions, if any, which
will be put on the plat.
B.
Final plat requirements. The final plat of the subdivision shall
comply with requirements of this section and of Ch. 236, Wis. Stats.,
which is hereby adopted as amended by reference and incorporated herein
as though fully set out.
Final approval of a proposed plat may involve the successive
approvals of a preliminary sketch, a preliminary plat and the final
plat.
A.
Preliminary sketch and preliminary consultation.
(1)
Before filing a preliminary plat for approval, the subdivider may
submit to the Board four copies of a preliminary simple sketch showing
the proposed layout of streets, lots and other features in relation
to existing conditions. The sketch plan may be a freehand pencil sketch
and should show the general location of the proposed plat in the Village.
(2)
The preliminary sketch shall be accompanied with a letter of intent
briefly describing the desired public utilities and improvements for
the proposed plat.
(3)
Within 45 days of its submission, the Board shall express its opinion
of the proposed plat with regard to the availability and feasibility
of desired improvements. Comments regarding the availability of sanitary
sewer and water mains will be referred to the Director of Public Works
who will be available for consultation with the subdivider.
(4)
Based on Board review of the preliminary sketch, the subdivider may
proceed with obtaining a preliminary plat.
B.
Preliminary plat: procedure for approval.
(1)
(2)
Following a review of the preliminary plat and data, and after negotiations
with the subdivider on changes deemed advisable, including the kind
and extent of improvements to be made by him, the Board shall within
90 days of its submission express its approval, in writing, to the
subdivider and state the conditions of such approval, and, if disapproved,
shall express its disapproval and state its reasons for rejection.
(3)
Approval of the preliminary plat shall entitle the subdivider to
final approval of the layout shown by such plat if the final plat
is submitted within 36 months of the date of approval of the preliminary
plat and conforms to such layout and conditions of the approved preliminary
plat which shall have been certified as nonobjectionable by all local
and state agencies having the authority to object.[2]
C.
Final plat: procedure for approval.
(1)
(2)
Upon receipt thereof, the Board shall examine the final plat and
all necessary certificates to determine its conformance to the preliminary
plat and the requirements established in this chapter. Approval of
the final plat shall be conditional until the plat has been certified
as nonobjectionable by all state and local agencies having the authority
to object. The Board shall take action on the final plat within 60
days after the plat has been officially submitted. If disapproved
or conditionally approved, the reasons or conditions shall be stated
on the record of the Board and forwarded, in writing, to the subdivider.
(3)
The following documents shall be submitted with the final plat if
requested by the Village Board and failure to submit such documents
shall constitute grounds for refusal of the final plat:
A.
Required improvements.
[Amended 4-13-2022 by Ord. No. O-2022-07]
(1)
Monuments. The subdivision shall be monumented as required by § 236.15,
Wis. Stats., which is hereby adopted by reference and incorporated
herein as though fully set out.
(2)
Required utility, street, and other improvements. No new subdivision
or development located within the sewer service area will be permitted
without storm sewer, sanitary sewers, water mains, curb and gutter,
and blacktop or concrete streets, unless the Board determines that
installation of one or more of the foregoing improvements is not necessary
to serve the public interest. The Board may also require the provision
of sidewalks, or of drainageways or easements of widths sufficient
to accommodate anticipated stormwater runoff and of a design permitting
the unimpeded flow of natural water resources. All public works and
improvements to be installed within the rights-of-way and easements
of the Village and Sanitary District shall be designed by the Village
Engineer and installed by approved construction contractors selected
in accordance with applicable Wisconsin Statutes and Village and District
contracting policies.
(3)
Privately owned utilities. All privately owned utilities, including
gas mains, electrical cables, telephone cables, cable television or
any other nonpublic improvements, shall not be installed until such
time as the sanitary sewer, storm sewer and water mains have been
installed.
(4)
Cluster box unit installation and responsibility.
(a)
The subdivider shall coordinate cluster box unit (CBU) installations/locations
to be installed in all subdivisions and developments if required with
the United States Postal Service (USPS) Growth Coordinator and both
the Town Engineer and Director of Public Works or designee. CBUs shall
not be located on Town-owned property.
(b)
The subdivider shall identify on the plat CBU locations and
the lots associated with each CBU. The plat shall also note, "All
lot owners associated with the designated CBU are joint owners of
the specified CBU structure and its foundation and are responsible
for the long-term maintenance and replacement. If the property owners
fail to keep the CBU in a good-looking functional state, pursuant
to Wis. Stats. §§ 66.0701 and 66.0703 the municipality
will assess the lot owners for the shared cost of repairs or replacement.
(c)
The subdivider shall be responsible to design and construct
safe accessible routes and install the CBU and foundation pad as part
of the subdivision construction process. The design and positioning
shall be in accordance with the Town's CBU Mailbox Installation
Policy.
(d)
The subdivider shall be responsible to order and install the
CBU and distribute the keys to the first-time subdivision residents.
(5)
Improvement costs. The subdivider shall pay for the total cost of any municipal work or improvements installed, to include associated engineering, inspection, and administrative expenses at a rate set by the Board, except for oversized streets and oversized storm sewer, sanitary sewer, and water service mains as provided for in § 49-13A through E of this Code. Notwithstanding the foregoing, the subdivider may be required to pay all costs for oversized streets and oversized storm sewer, sanitary sewer, and water service mains if the Board determines that the requirement for such oversized streets and oversized pipes is directly attributable to and for the principal benefit of the subdivision, and such oversized streets and pipes would not otherwise be required to provide capacity for future development to be served utilizing the same infrastructure.
B.
Responsibilities and duties of subdivider for public improvements.
In addition to all other pertinent sections of this chapter, the subdivider
is responsible for all of the following duties:
(1)
After submission of the preliminary plat, the subdivider must secure
all properly notarized waivers of hearings as § 66.0703,
Wis. Stats., for the respective construction of sanitary sewer mains,
water mains, sidewalks, street improvements, curb and gutter, or any
other public improvements required by the Board. If the subdivider
is unable to obtain all required signatures on the waivers, he/she
shall, in writing, request from the Board the opportunity for a public
hearing on this project. The Board will decide whether or not a hearing
will be held on the project. All blank waiver forms shall be supplied
by the Board for use by the subdivider.[1]
(2)
If the subdivider is unable to obtain all the signatures for the waivers in Subsection B(1) above, or if the project is rejected by the Board after a public hearing, the subdivider may still promote the project by executing special written agreements with those individuals who did not sign the waiver. The agreement would stipulate that the subdivider would conditionally assume the financial responsibilities of those respective uninterested parties.
(3)
The subdivider shall assist in securing any required utility easements
beyond the limits of the subdivision of which the location and width
shall be determined by the Board. The Board will furnish blank easement
forms to the subdivider, who will be responsible for the proper execution
of the easement by the grantor. All completed easements will be submitted
to the Board, designated as the grantee for their review, and will
be recorded at the Brown County Register of Deeds office by the Board.
(4)
The subdivider shall enter into an agreement with the Village which provides for the terms of payment for the improvements to be installed, to include furnishing a letter of credit or other instrument of security acceptable to the Board in an amount equal to the estimated cost of the public improvements which are to be installed. Said letter of credit or other security instrument shall also be in an amount sufficient to ensure full payment of any assessments to properties covered under special agreements executed under Subsection B(2) of this section.[2]
(5)
The subdivider shall execute any other special agreements deemed
necessary by the Board.
C.
Public improvements; time frame.
(1)
Specific deadlines. To provide adequate time for all parties involved
in the investigation, design, supervision, construction and administration
of public improvement projects, the subdivider must meet all of the
following deadlines for public works construction to commence in the
succeeding calendar year. Failure to meet the deadlines may still
result in final plat approval, but may delay public improvement construction
until the next construction year:
|
Preliminary sketch — submitted as per § 410-5A
|
May Plan Commission deadline
| |
|
Preliminary plat — submitted as per § 410-5B
|
August Plan Commission deadline
| |
|
Final plat — monumented as per § 410-6A(1)
|
October Plan Commission deadline
| |
|
Final plat — submitted as per § 410-5C
|
October Plan Commission deadline
| |
|
General duties as per § 410-6B
|
October 1
| |
|
Final plat recorded
|
January 15
|
(2)
Withdrawal by subdivider. Once a subdivider has entered into an agreement as provided for by Subsection B(4) of this section, he shall not be allowed to withdraw his request for public improvements without the approval and consent of the Board. If the Board permits a subdivider to withdraw his request for public improvements, the subdivider shall be responsible to pay any expenses incurred by the Board as of the date that the withdrawal is accepted.
D.
Responsibilities of the Board for public improvements. The Board
shall be responsible for the following duties:
(1)
Provision of construction cost estimates.
(2)
Conduct of public hearings and publication of required legal notices.
(3)
Furnishing of easement, waiver and special agreement forms as required.
All completed forms shall be reviewed by the Board upon submission
by the subdivider. Easements shall be recorded by the Board.
(4)
Conduct of all necessary operations for project bidding, awarding
of construction contracts, and project supervision.
(5)
Application for Department of Natural Resources and related project
approvals and permits.
(6)
Design and installation of all municipal owned utilities.
A.
Certified survey maps.
(1)
Requirements. A certified survey map shall be prepared in compliance
with the requirements of § 236.34, Wis. Stats., which is
hereby adopted by reference and incorporated herein as though fully
set out.
(2)
Procedure. The subdivider shall submit the required number of copies
of the certified survey map not less than 21 days preceding the meeting
of the Plan Commission. The Village shall review and within 90 days
approve, approve conditionally or reject the map. The subdivider shall
be notified, in writing, of any conditions of approval or reasons
for rejection.[1]
(3)
Filing and recording. The certified survey map shall be filed by
the subdivider for record with the Register of Deeds of Brown County
within 6 months after the date of the last approval of the map and
within 24 months after the first approval of the map.[2]
(4)
Public improvements. Requirements and procedures for the installation of public improvements shall conform to § 410-6 of this chapter unless otherwise specified by the Board.
(5)
Elevations. The certified survey map shall delineate floodway and
regional flood elevations of adjoining lakes, rivers or streams at
the date of the survey. All elevations shall be referred to United
States Coast and Geodetic Survey as utilized by the Village.
B.
Subdivisions created by successive divisions.
(1)
Where it is not practicable to require that a final plat of a subdivision
created prior to this chapter by successive divisions be filed in
accordance with this chapter, the Board may in lieu thereof order
an Assessor's plat to be made under § 70.27, Wis. Stats.,
and may assess the cost thereof as provided in such section or as
provided under § 236.31, Wis. Stats.
(2)
Regardless of the type of plat filed, any such subdivision shall
comply with all provisions of this chapter to the extent that they
may be reasonably applied.
A.
When, in the judgment of the Board, it would be inappropriate to
apply literally a provision of this chapter because extraordinary
hardship would result, it may waive or vary such provisions so that
substantial justice may be done and the public interest secured, provided
that in no event shall the requirement of filing and recording the
plat or survey be waived.
B.
Any modification or variance thus granted shall be entered in the
minutes of the Board setting forth the reasons which, in the opinion
of the Board, justified the modification.
Except as otherwise provided, any person found in violation of this chapter or any order, rule or regulation made hereunder shall be subject to the penalty provided in § 1-4 of the Code of the Village of Bellevue.
A.
Amendments. For the purpose of promoting the public health, safety
and general welfare, the Board may, from time to time, amend the regulations
imposed by this chapter. The Board shall hold public hearings on all
proposed amendments. Notice of such public hearings shall be given
by publication of a Class 2 notice in a newspaper of general circulation
within the local unit once a week for two weeks preceding the hearing
or as otherwise provided by statute.
B.
Interpretation.
(1)
In their 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.
(2)
Where the conditions imposed by any provisions of this chapter upon
the subdivision of land are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of this
chapter or of any other applicable law, ordinance, resolution, rule
or regulation of any kind, the regulations which are more restrictive
and impose higher standards or requirements shall govern.
(3)
No approval or objection shall be conditioned upon any requirement
other than those specified in this chapter.
C.
Severability and nonliability. If any section, provision or portion
of this chapter is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this chapter shall not
be affected thereby. The Village does not guarantee, warrant or represent
that only those areas designated as floodplains will be subject to
periodic inundation, nor does the Village guarantee, warrant, or represent
that the soils shown to be unsuited for a given land use from tests
required by this chapter are the only unsuited soils within the jurisdiction
of this chapter, and the Village hereby asserts that there is no liability
on the part of the Village, its agencies or employees for flooding
problems, sanitation problems or structural damages that may occur
as a result of reliance upon, and conformance with, this chapter.[1]
D.
Appeals. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in Ch. 236, Wis.
Stats., within 30 days of notification of the rejection of the plat.
Where failure to approve is based on an unsatisfied objection, the
agency making the objection shall be made a party to the action. The
court shall direct that the plat be approved if it finds that the
action of the approving or objecting agency is arbitrary, unreasonable
or discriminatory.
