For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given in this section.
The word "shall" is always mandatory and not merely directory.
BLOCK
An area of land within a subdivision that is entirely bounded
by a street or combination of streets, exterior boundary lines of
a subdivision and streams or water bodies.
BOND
Any form of security, including cash deposit, surety bond,
collateral, property or instrument of credit, in any amount and form
satisfactory to the City. All bonds shall be approved by the Plan
Commission upon recommendation of the City Attorney.
BUILDING LINE or BUILDING SETBACK
A line on a plat, parallel to the street, indicating the
limit beyond which no building may be erected. The building line shall
be consistent with the front yard setback of the zoning district in
which the plat is located.
CONSTRUCTION PLAN
The maps or drawings accompanying a subdivision plat showing
the specific location and design of improvements to be installed by
the subdivision either in accordance with the requirements of this
chapter or conditions placed on the plat by the Plan Commission.
CUL-DE-SAC
A local street with only one outlet having an appropriate
terminal for the safe and convenient reversal of traffic movement.
Culs-de-sac may be either temporary or permanent.
EASEMENT
Authorization by a property owner for use of land by another
person for a specific purpose.
FINAL PLAT
The final plat map and supporting data described in §
390-4C of this chapter which is submitted to the Plan Commission and the Common Council for approval.
FLOODPLAIN
Those lands subject to inundation by a one-hundred-year interval
flood, as determined by the Plan Commission from official floodplain
maps or other applicable data.
FRONTAGE
The side or sides of a lot adjacent to a public right-of-way
or private road.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, open channel drainageway,
water main roadway, park, sidewalk or a pedestrianway, or other facility
for which the City may ultimately assume the responsibility for maintenance
and operation.
LOT
A parcel of land having frontage on a public street or approved
private road, intended as a unit for the purpose, whether immediate
or future, of transfer of ownership or building development.
LOT, BUTT
A lot at the end of a block and located between two corner
lots.
LOT, CORNER
A lot at the intersection of two or more streets with two
or more adjacent sides of the lot abutting a street.
LOT, THROUGH
A lot with two opposite sides abutting two or more streets.
OUTLOT
A parcel of land in a subdivision which, for one reason or
another, cannot be included in a lot.
OWNER
Any person having sufficient proprietary interest in the
land sought to be subdivided to commence and maintain proceedings
to subdivide the same under these regulations.
PEDESTRIANWAY
The right-of-way across or within a block for use by pedestrian
traffic whether designated as a pedestrianway, crosswalk or however
otherwise designated.
PRELIMINARY PLAT
The preliminary map of a subdivision described in §
390-4B of this chapter, indicating the proposed layout of the subdivision. The preliminary plat shall be submitted to the Plan Commission for approval.
PROTECTIVE COVENANTS
Contracts entered into between parties and which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners, and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, curb and gutter, ditches, public sewer and water, other utilities
and sidewalks.
STREETS AND ALLEYS
A.
ALLEYA minor way which is used as a secondary means of vehicular traffic to the side or rear of abutting lots.
B.
ARTERIAL STREETA street primarily designed to carry large volumes of traffic and provide traffic movement from one part of the City to another. Examples of arterial streets are state and county roads and major through streets.
C.
COLLECTOR STREETA street which carries traffic from minor streets to arterial streets or from arterial street to arterial street. It includes the principal streets of large residential subdivisions.
D.
CUL-DE-SACA minor street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement. Culs-de-sac may be either temporary or permanent.
E.
MINOR STREETA street of limited continuity used primarily for access to the abutting properties and serving the local needs of a neighborhood.
G.
SERVICE STREETA limited access street which is parallel and adjacent to an arterial street which provides access to abutting properties and protection from through traffic.
H.
STREETA public way for vehicular traffic, whether designated as a street, highway, thoroughfare, arterial, parkway, throughway, road, avenue, lane or place.
SUBDIVIDER
Any person commencing proceedings under these regulations
to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
The division of a parcel of land into five or more lots or
successive divisions creating five or more lots or parcels within
a five-year period, any of which resultant parcels is less than four
acres in area, or if a new street is involved, any division of a parcel
of land. The term includes resubdivision and, when appropriate to
the context, shall relate to the process of subdividing or to the
land subdivided.
Any division of land within the City which results in a subdivision,
as herein defined, shall follow the procedures as outlined in this
section.
A. Preliminary consultation.
(1) Subdividers are invited to prepare, for review with the Plan Commission
and the Director of Public Works, a sketch plan of the proposed subdivision.
The sketch plan shall contain, at a minimum, the following information:
(a)
Site location within the City showing adjacent streets and adjoining
development types.
(c)
Topographic and physical features.
(d)
Proposed general street design.
(f)
Proposed surface water drainage.
(2) The sketch plan shall be considered as a basis for discussion between
the subdivider and the Plan Commission. The Commission shall unofficially
advise the subdivider of the extent to which the proposed subdivision
conforms to this chapter and other applicable City ordinances, and
shall discuss possible modifications to the subdivision proposal.
No fee shall be required of the subdivider for the submission of sketch
plans.
B. Preliminary plat.
(1) Submission to Plan Commission.
(a)
At least 15 days prior to the Plan Commission meeting at which
a plat is to be reviewed, the subdivider shall file three copies of
the plat with the Clerk-Treasurer. The preliminary plat shall be prepared
by a registered land surveyor and shall meet the requirements for
preliminary plats, as outlined in Ch. 236, Wis. Stats.
(b)
A fee shall be paid by the subdivider to the City upon submission
of the preliminary plat, in an amount as set from time to time by
resolution of the Common Council. The fee shall be used for public
expenses incurred in connection with the approval of the preliminary
and final plat. An additional fee per final plat may be charged for
each final plat in excess of one.
[Amended 4-14-2015 by Ord. No. 233]
(c)
The Clerk-Treasurer shall transmit one copy to the Director
of Public Works for his review and comment.
(d)
The Plan Commission shall have the preliminary plat on the agenda
for its next regular meeting.
(e)
Within 90 days of receipt of the plat, the Plan Commission shall
approve, approve conditionally or reject such plat and shall state,
in writing, any conditions for approval or reasons for rejection.
Failure to take action on the plat within 90 days shall constitute
approval unless the subdivider agrees to an extension of the review
period.
(f)
Approval or rejection of a preliminary plat by the Plan Commission
shall be conditioned on compliance with the provisions of the following:
[3]
The Chapter
400, Zoning, or other applicable ordinances.
(2) Submission to objecting agencies.
(a)
The subdivider shall submit the original of the preliminary
plat to the State Department of Administration. The Department shall,
at the subdivider's expense, forward copies to the following
agencies who have the authority to object to plats:
[1]
The State Department of Transportation if the subdivision abuts
a state trunk highway.
[2]
The Department of Safety and Professional Services if not served
by public water and sewer facilities.
[3]
The Green Lake County Planning and Zoning office.
(b)
Within 20 days of the receipt of the copies, the Department
shall notify the subdivider, the City and other objecting agencies
of any objections made to the plat. If no objections are made, the
Department shall so certify on the face of the plat and so notify
the subdivider and the City.
[Amended 4-14-2015 by Ord. No. 233]
(3) Preliminary plat information required.
(a)
Existing conditions.
[1]
Boundary line survey, including measured distances and angles
which shall be tied to the nearest 1/4 corner section corner by traverse.
[2]
Existing zoning classifications for land in and abutting the
subdivision.
[4]
Location, right-of-way width and names of existing streets or
other public ways, parks or other public lands, buildings and structures,
easements, section and corporate limits within the plat and to a distance
of 100 feet beyond the plat.
[5]
Location and size of existing sewers, water mains, culverts,
utilities or other like facilities within the plat area and to a distance
of 100 feet beyond. Such data as grades, invert elevations and locations
of catch basins, manholes, hydrants and street pavement width and
type shall also be included.
[6]
Boundary lines of adjoining subdivided or unsubdivided land
within 100 feet of the plat boundary, identified by name and ownership,
including all adjoining land owned by the subdivider not proposed
to be subdivided.
[7]
Topographic data, including vertical intervals of not more than
two feet, watercourses, wetlands, wooded area, rock outcrops and other
significant features.
[8]
A copy of proposed private restrictions and restrictive covenants.
[9]
Soil tests conducted according to the standards of Wis. Adm.
Code Ch. SPS 385 for all lots to be served by septic system seepage
beds.
(b)
Subdivision design features.
[1]
Layout of proposed streets showing right-of-way widths and proposed
names of streets.
[2]
Locations and widths of proposed alleys, pedestrian ways and
utility easements.
[3]
Proposed layout of streets and blocks.
[4]
Minimum front and side street building setback lines.
[5]
Location and size of proposed sewer lines and water mains.
[6]
Gradients of proposed streets, sewer lines and water mains.
[7]
Parks, pedestrianways or other areas intended to be dedicated
or reserved for public use.
[8]
Sites, if any, for multiple-family dwellings, shopping centers,
churches, industry or other uses, except single-family dwellings.
(c)
Supplementary data to be supplied with preliminary plat.
[1]
Statement of the proposed use of lots stating type of residential
building with proposed number of dwelling units or type of business
or industry so as to reveal the effect of development on traffic,
fire hazards and congestion.
[2]
Source of water supply and sanitary waste disposal.
[3]
Provisions for surface water drainage and flood control.
[4]
If any zoning changes are contemplated, the proposed zoning
plan for the areas, including dimensions.
[5]
Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Plan Commission may require
that the subdivider submit a sketch plan of the remainder of the parcel
so as to show the possible relationships between the proposed subdivision
and future subdivision.
[6]
Other information as may be requested by the Plan Commission
or the Director of Public Works.
C. Final plat.
(1) Submission to Plan Commission. Within 36 months of approval of the
preliminary plat, the developer shall submit a final plat to the Plan
Commission for consideration. If the subdivider fails to submit a
final plat within the thirty-six-month time limit, the Commission
may, at its option, void the preliminary plat and require the subdivider
to resubmit an amended preliminary plat. The final plat shall incorporate
any conditions placed on the approval of the preliminary plat. If
the final plat conforms to the layout of the preliminary plat, including
any conditions of that approval, it shall be entitled to approval.
The subdivider may submit only a portion of the preliminary plat for
final plat approval. In such cases, the subdivider shall submit a
phasing plan for final approval of the remaining portions of the final
plat to be approved by the Plan Commission. Any amendments to the
phasing plan shall be submitted in writing by the developer for approval
by the Commission.
[Amended 4-14-2015 by Ord. No. 233]
(2) Submission to objecting agencies. Prior to the submittal of the final
plat to the Plan Commission for review, the subdivider shall submit
the original to the State Department of Administration for distribution
to the objecting agencies. The Department shall certify on the face
of the plat that the objecting agencies have no objections and shall
return the plat to the subdivider. The subdivider shall submit the
certified original to the Plan Commission for review and approval.
(3) Submission and approval of the final plat.
(a)
At least 15 days prior to the Plan Commission meeting at which
a plat is to be reviewed, the subdivider shall file the certified
original and three copies of the final plat and supplementary documents
with the Clerk-Treasurer. The Clerk-Treasurer shall transmit one copy
to the Director of Public Works and one copy to the City Attorney
for their review and comment.
(b)
The plat shall be placed on the agenda for the next Plan Commission
meeting.
(c)
The Plan Commission shall review the plat and supplementary
data and shall consider the recommendation of the City Attorney and
the Director of Public Works and shall approve or reject the plat.
If rejected, the Commission shall state the reasons for rejection,
in writing, and shall return the plat to the subdivider.
(d)
If approved by the Plan Commission, the final plat shall be
forwarded to the Common Council for final approval. The plat shall
be placed on the agenda for the next regular Common Council meeting.
The Common Council may approve or reject the plat. If the plat is
rejected, the Common Council shall state the reasons for rejection
in writing and shall return it to the subdivider. If approved, the
Mayor shall sign on the designated place on the face of the plat.
(e)
The time period for review of the final plat from the date of
submittal to the Clerk-Treasurer to the final approval by the Common
Council shall be 60 days. Failure to act within the sixty-day period
shall constitute approval unless the subdivider agrees to an extension.
(4) Final plat information required. The following information shall
be submitted either on the final plat or as accompanying documents
as designated below:
(a)
Required information.
[1]
Accurate angular and lineal dimensions for all lines, angles
and curvatures used to describe boundaries, streets, alleys, easements
and areas to be reserved for public use. Dimensions of lot lines shall
be shown in feet and hundredth. When lot lines are not at right angles
to the street right-of-way line, the width of the lot shall be indicated
at the building setback line.
[2]
A numbered identification system for all lots and blocks.
[3]
A boundary line survey, including the measured distance and
angles and the true list distance and bearing between a known point
on the boundary and the nearest official monument, which shall be
accurately described on the plat.
[4]
Municipal, township and section lines accurately tied to the
lines of the subdivision by distances and angles.
[5]
Radii, internal angles, points and curvatures, tangent bearings
and lengths of arcs.
[6]
Name and location of the subdivision.
[7]
Accurate location of all monuments.
[8]
Graphic scale and north point.
[9]
Certifications required by Ch. 236, Wis. Stats.
[11]
Location of water bodies.
(b)
Required supplementary data.
[1]
A copy of private restrictions or restrictive covenants, if
any.
[2]
Certifications showing that all taxes due on the property to
be subdivided have been paid in full.
[3]
A drainage plan for the subdivision showing anticipated flow
of stormwater from its origin within the subdivision to its termination
either in the City storm sewer system or natural watercourse. The
Plan Commission may require runoff calculations to ensure adequate
sizing of sewer lines and drainage ditches.
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 or on the Official Map of the City, 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.
[Amended 4-14-2015 by Ord. No. 233]
The Building Inspector shall have primary responsibility for
enforcing this chapter. No building permit shall be issued for construction
on any lot until the final plat for the subdivision has been duly
recorded or a certified survey map is recorded. Any person who fails
to comply with the provisions of this chapter shall, upon conviction
thereof, forfeit no less than $50 nor more than $500 plus the costs
of prosecution for each violation and, in default of payment of such
forfeiture costs, shall be imprisoned in the County Jail until payment
thereof, but not exceeding 30 days. Each day a violation exists or
continues shall constitute a separate offense. In addition, the remedies
provided in §§ 236.30 and 236.31, Wis. Stats., shall
be available to the City.