[HISTORY: Adopted by the Village Board of the Village of
Tigerton 4-5-1988 as Title 10, Ch. 5, of the 1988 Code. Amendments noted where applicable.]
A.
Introduction. In accordance with the authority granted by § 236.45,
Wis. Stats. and for the purposes listed in §§ 236.01
and 236.45, Wis. Stats., the Village Board of the Village of Tigerton
does hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the Village.
(2)
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote the public health,
safety, convenience and general welfare. The regulations are designed
to lessen congestion in the streets, to foster the orderly layout
and use of land; to ensure safety from fire, flooding, panic and other
dangers, to provide optimum light and air; to discourage overcrowding
of the land; to lessen concentration of population, to facilitate
adequate provision of transportation, public water and sewerage, schools,
parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
The regulations are made with reasonable consideration of, but not
limited to, the present character of the Village and its environs,
with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry, and providing for the
most appropriate use of land in the Village.
The following definitions shall be applicable in this chapter.
A public or private right-of-way which normally affords a
secondary means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land.
A parcel of land bounded on at least one side by a street
but may be bounded on the other sides by natural or man-made barriers
or unplatted land.
The line establishing the minimum open space between the
lot line and the area within the lot upon which a structure may be
erected.
A map of a lot split prepared in accordance with § 236.34,
Wis. Stats., as amended.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
The Village Plan Commission created by the Board of Trustees
of the Village pursuant to § 62.23, Wis. Stats., if applicable.
The extensively developed plan, also called a "master plan,"
adopted by the Village Board pursuant to § 62.23, Wis. Stats.,
including proposals for future land use, transportation, urban redevelopment
and public facilities. Devices for the implementation of these plans,
such as zoning, official map, land division and building line ordinances
and capital improvement programs shall also be considered a part of
the Comprehensive Plan.
The committee created by the County Board of Supervisors
pursuant to § 59.69, Wis. Stats. and authorized to plan
land use within the County.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
Where the title of any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions change the title from a joint
tenancy to a tenancy in common or from a tenancy in common to a joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth class
city or a village and within three miles of all other cities.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip, or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets, easements and land under navigable bodies of water.
The peripheral boundaries of a lot as defined herein.
The width of a parcel of land measured along the front building
line.
A lot abutting intersecting streets at their intersection.
A corner lot which is oriented to that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a "through lot," both street lines shall be deemed front lot lines.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
A street used or intended to be used primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map, drawing or chart on which the subdivider's
plan of subdivision is presented to the Village Board for approval.
The process of changing or a map or plat which changes the
boundaries of a recorded subdivision plat or part thereof. The legal
dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development, where the act of division creates five or
more parcels or building sites of 1 1/2 acres each or less in
area; or where five or more parcels or building sites of 1 1/2
acres each or less in area are created by successive divisions within
a period of five years.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.[1]
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
A.
Compliance. No person shall divide any land located within the jurisdictional
limits of this chapter which results in a subdivision, land division
or a replat as defined herein; no such subdivision, land division
or replat shall be entitled to record; and no street shall be laid
out or improvements made to land without compliance with all requirements
of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for floodplain management program.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
B.
Jurisdiction. Jurisdiction of this chapter shall include all lands
within the corporate limits of the Village as well as the unincorporated
area within 1 1/2 miles of the corporate limits as provided in §§ 236.10
and 62.23, Wis. Stats. The provisions of this chapter, as they apply
to divisions of tracts of land into less than five parcels, shall
not apply to:
(1)
Transfers of interests in land by will or pursuant to court order;
(2)
Leases for a term not to exceed 10 years, mortgages or easements;
(3)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
C.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
Permits. No building permit shall be issued by the Village authorizing
the building on or improvement of any parcel of land not on record
as of the effective date of this chapter until the provisions and
requirements of this chapter have been met.
E.
Warning and disclaimer of liability. The degree of protection provided
by this chapter is considered reasonable for regulatory purposes only
and is based on engineering experience and study. This chapter, however,
does not imply that land division permitted by this chapter will be
totally free of problems, nor shall this chapter create a liability
on the part of or a cause of action against the Village or any officer
or employee thereof for any problems that may result from reliance
on this chapter.
F.
Unsuitable topography. No land shall be subdivided or split which
is held unsuitable for the proposed use by the Village Board for reason
of flooding, inadequate drainage, rock formation, unfavorable topography,
inadequate sewage disposal capabilities, or any other factor likely
to be harmful to the health, safety or welfare of the future residents
of the subdivision. The Village Board in applying the provisions of
this section shall, in writing, indicate the particular facts upon
which it based its conclusion that the land is not suitable for development
and afford the subdivider an opportunity to present evidence regarding
such suitability, if he so desires, at a public hearing called by
the Board. Thereafter, the Village Board may affirm, modify or withdraw
its determination of unsuitability.
G.
Compliance with Official Map. The subdivision layout shall conform
with the Official Map of the Village; however, where necessary and
practical, a variance from the exact design shown on the Official
Map may be permitted, if such variance is not detrimental to the public
interest, the intent of this chapter or the integrity of the Official
Map.
A.
Preliminary meetings. Before filing a preliminary plat or certified
survey the subdivider is encouraged to consult with the Village Board
and/or its consulting staff for advice regarding general subdivision
requirements. A sketch of the proposed plat or certified survey, drawn
on a topographic survey map, should be submitted. The subdivider shall
also submit a location map showing the relationship of the proposed
subdivision to traffic arteries and existing community facilities.
This consultation is neither formal nor mandatory but is intended
to inform the subdivider of the purpose and objectives of this chapter,
the Comprehensive Plan, Comprehensive Plan components, and duly adopted
plan implementation devices of the Village and to otherwise assist
the subdivider in planning his development. In so doing, both the
subdivider and planning agency may reach mutual conclusions regarding
the general program and objectives of the proposed development and
its possible effects on the neighborhood and community. The subdivider
will gain a better understanding of the subsequent required procedures.[1]
B.
Preliminary plat review within the Village.
(1)
Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The preliminary plat shall be prepared in accordance with § 570-7, and the subdivider shall file an adequate number of copies of the plat and the application with the Village Clerk-Treasurer at least 10 days prior to the meeting of the Village Board at which action is desired.
(2)
The Village Clerk-Treasurer shall, within two days after filing,
transmit a copy to the county planning agency; two copies to the Wisconsin
Department of Administration and additional copies to the Department
of Administration for retransmission of two copies each to the Wisconsin
Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or a connecting street and the Department of Safety
and Professional Services if the subdivision is not served by a public
sewer and provision for such service has not been made; and an adequate
number of copies to the Village Board. The county planning agency,
the Wisconsin Department of Administration, the Wisconsin Department
of Transportation and the Department of Safety and Professional Services
shall be hereinafter referred to as "objecting agencies."[2]
(3)
The Village Board shall transmit a copy of the preliminary plat to
all affected boards, commissions or departments and all affected local
utility companies for their review and recommendations concerning
matters within their jurisdiction. Their recommendations shall be
transmitted to the Board within 10 days from the date the plat is
filed. The preliminary plat shall then be reviewed by the Board for
conformance with this chapter and all ordinances, rules, regulations,
Comprehensive Plans and Comprehensive Plan components which affect
it.
C.
Preliminary plat approval within the Village.
(1)
The objecting agencies shall, within 20 days of the date of receiving
their copies of the preliminary plat, notify the subdivider and all
other approving and objecting agencies of any objections, except that
the Department of Administration shall have 30 days in which to act.
If there are no objections, they shall so certify on the face of the
copy of the plat and shall return that copy to the Village Board.
If an objecting agency fails to act within 20 days or the Department
of Administration fails to act within 30 days, it shall be deemed
to have no objection to the plat.[3]
(2)
Within 90 days of the filing of the preliminary plat, the Village
Board shall grant approval, conditional approval with explanation,
or reject the plat, giving the reasons or conditions for such approval
or rejection, unless the time is extended by agreement with the subdivider.
Failure of the Village Board to act within the 90 days, or extension
thereof, constitutes approval of the preliminary plat.
(3)
If the final plat conforms substantially to the preliminary plat
as approved, including any conditions of that approval, and to local
plans and ordinances adopted as authorized by law, it is entitled
to approval. If, however, the final plat is not submitted within 36
months of the last required approval of the preliminary plat, the
Village Board may refuse to approve the final plat. The final plat
may, if permitted by the Village Board, constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at that time.[4]
D.
Improvement and engineering plans. Prior to submission of a final
plat, the subdivider shall have provided three copies of the improvement
plans, profiles and other necessary engineering detail for streets,
sanitary sewage system, stormwater drainage system, water distribution
system, and other improvements prepared by a registered professional
engineer in accordance with the requirements of this chapter. Plans
and profiles for sanitary and storm sewers shall be at a scale of
not less than one inch equals 40 feet. The improvement plans shall
conform to the preliminary plat and the specifications of this chapter.
If the plans are satisfactory, the Clerk-Treasurer shall transmit
one copy to the subdivider with a notation of approval placed on the
plans; if unsatisfactory, the Clerk-Treasurer shall notify the subdivider
of the modifications required or the reason for disapproval.
E.
Final plat review within the Village.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file an adequate number
of copies of the plat and the application with the Village Clerk-Treasurer
at least 10 days prior to the meeting of the Village Board at which
action is desired.
(2)
The Village Clerk-Treasurer shall, within two days after filing,
transmit two copies to the county planning agency; two copies to the
Wisconsin Department of Administration; additional copies to the Department
of Administration for retransmission of two copies each to the Wisconsin
Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or a connecting street and the Department of Safety
and Professional Services if the subdivision is not served by a public
sewer and provision for service has not been made; and the original
final plat and adequate copies to the Village Board. The county planning
agency, the Wisconsin Department of Administration, the Wisconsin
Department of Transportation, and the Department of Safety and Professional
Services shall be hereinafter referred to as "objecting agencies."[5]
F.
Final plat approval within the Village.
(1)
Objecting agencies shall, within 20 days of the date of receiving
their copies of the final plat, notify the subdivider and all other
approving and objecting agencies of any objections, except that the
Department of Administration shall have 30 days in which to act. If
there are no objections, they shall so certify on the face of the
copy of the plat and shall return that copy to the Village Board.
If an objecting agency fails to act within 20 days, or the Department
of Administration fails to act within 30 days, it shall be deemed
to have no objection to the plat.[6]
(3)
The Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk-Treasurer, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider. The Village Board may not inscribe its approval on the final plat unless the Village Clerk-Treasurer certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, the date thereof and that no objections were filed within the time frame prescribed in Subsection F(1) or, if filed, have been met.[8]
(4)
Failure of the Village Board to act within 60 days, the time having
not been extended and no unsatisfied objections having been filed,
the plat shall be deemed approved.
(5)
Recordation. After the final plat has been approved by the Village
Board and required improvements either installed or a contract and
sureties insuring their installation is filed, the Village Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat returned to the subdivider
for recording with the County Register of Deeds. The Register of Deeds
cannot record the plat unless it is offered within 12 months after
the date of last approval of the plat and within 36 months after the
first approval.[9]
(6)
Copies. The subdivider shall file 10 copies of the final plat with
the Village Clerk-Treasurer for distribution to the approving agencies
and other affected agencies for their files.
G.
Partial platting. The final plat may, if permitted by the Plan Commission
and Village Board, constitute only that portion of the approved preliminary
plat which the subdivider proposes to record at the time.[10]
H.
Plats within the extraterritorial plat approval jurisdiction. When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the Village, the subdivider shall proceed as specified in Subsections A through G, except:
(1)
Transmittal responsibility lies with the village clerk, town clerk
or county planning agency to whom the plat is first submitted, and
the subdivider shall indicate which one in his application.
(2)
Approval agencies include the Village Board, town board and the county
planning agency, and the subdivider must comply with the land division
ordinances of these agencies.
(3)
Subdivider may proceed with the installation of such improvements
and under such regulations as the town board of the town within whose
limits the plat lies may require. Wherever connection to any Village
utility is desired, permission for such connection shall be approved
by the Village Board.
(4)
All improvement requirements specified by the Town Board or any special
improvement district in matters over which they have jurisdiction
shall be met before filing of the final plat.
A.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in § 570-4A through G.
B.
The Village Clerk-Treasurer shall schedule a public hearing before
the Village Board when a preliminary plat of a replat of lands within
the Village is filed and shall cause notices of the proposed replat
and public hearing to be mailed to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 200 feet of the exterior boundaries
of the proposed replat.
A.
Certified survey required.
(1)
When it is proposed to divide land into not more than four parcels
or building sites, the subdivider may subdivide by use of a certified
survey map.
(2)
To the extent reasonably practicable, the minor land division shall
comply with the provisions of this chapter relating to general requirements
and design standards and required improvements. All required improvements
shall be designed, furnished and installed at the expense of the applicant
before a certified survey map will be considered for approval or,
in lieu of construction, a surety bond, certified check, escrow account,
or other financial assurance may be provided in accordance with this
chapter.
(3)
The survey shall be performed and the map prepared by a land surveyor
registered in the state.
(4)
All corners shall be monumented in accordance with § 236.15(1)(c)
and (d), Wis. Stats.
B.
Letter of intent. The subdivider shall submit to the Village Clerk-Treasurer
a letter of intent. The letter of intent shall specify:
(1)
The name and address of the owner of the property under consideration.
(2)
The name and address of the subdivider.
(3)
The name and address of the surveyor who will be doing the work.
(4)
The names and addresses of all prospective buyers.
(5)
The location and size of the property.
(6)
The present use of the land.
(7)
The intended future use of the land.
(8)
The estimated timetable of development.
C.
Sketch map. Accompanying the letter of intent, for areas outside
the floodplain, the subdivider shall submit a sketch map at a scale
of one inch equals 200 feet or other appropriate scale. More than
one sketch map may be used to show the required information, but they
shall be of the same scale and no one map shall be larger than 8 1/2
inches by 11 inches. Each submission shall include all contiguously
owned land, except the sketch need not show more than 20 times the
area of the intended certified survey. This sketch map shall show
the following information:
(1)
North arrow, date and scale.
(2)
Reference to a section corner.
(3)
Approximate dimensions of the parcels and easements.
(4)
The location of existing buildings, water wells, sewerage systems,
watercourses, drainage ditches and other features pertinent to proper
division.
(5)
Setback or building lines required by any approving agency.
(6)
The uses of the land adjacent to the property and existing roads,
easements of record, public access to navigable waters, dedicated
areas and utilities.
D.
Certificates and affidavits.
(1)
The certified survey map shall include the certificate of the surveyor
who surveyed and mapped the parcel, typed, lettered or reproduced
legibly with nonfading black ink, giving a clear and concise description
of the land surveyed by bearings and distances, commencing with some
corner marked and established in the United States Public Land Survey.
Such affidavit shall include the certificate of the surveyor to the
effect that he has fully complied with the requirements of this chapter
and all requirements of § 236.34, Wis. Stats., as amended.
(2)
The certificate of Village approval shall be typed, lettered or reproduced
legibly with nonfading black ink on the face of the certified survey
map in substantially the following form:
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a.
|
For certified surveys that do not require Village Board action
on a variance, modification or condition of approval, the certificate
shall read: "This certified survey map has been submitted to and approved
by the Village of Tigerton as complying with Chapter 236, Wis. Stats.,
as amended, and the Subdivision Regulations of the Village of Tigerton."
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"Date
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Signed ."
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b.
|
For certified surveys which require Village Board action on
a variance, modification or condition of approval, the certificate
shall read: "This certified survey map has been submitted to and approved
by the Village of Tigerton as complying with Chapter 236, Wis. Stats.,
as amended, and the Subdivision Regulations of the Village of Tigerton.
All the variances, modifications or conditions of approval for this
survey map are contained in the minutes of the ________________ meeting
of the Village Board."
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"Date
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Signed ."
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(3)
A certificate by the owner of the land in substantially the following
form shall be provided: "As owner, I hereby certify that I caused
the land described on this map to be surveyed, divided, mapped and
dedicated as represented on this map." This certificate shall be signed
by the owner, his or her spouse, if any, and all persons holding an
interest in the fee or record or by being in possession and, if the
land is mortgaged, by the mortgagees of record.[1]
E.
Floodplain areas. The Commission may require that two-foot contour
maps prepared by a registered surveyor or engineer be the basis of
the sketch in floodplain areas. In addition, the information required
above will also be required.
F.
Proposed layout. The Village Board may require a proposed subdivision
layout of all or part of the contiguously owned land even though division
is not planned at the time.
H.
Tentative approval. The Village Board may grant tentative approval
based on the letter of intent and sketch map pending submission of
the certified survey map. Tentative approval shall assure final approval
if the certified survey submitted within six months is substantially
the same plan and all requirements for division are met.
I.
Certified survey. The subdivider shall cause a certified survey map to be prepared in accordance with § 570-9 of this chapter and submit 10 copies, along with the individual lot percolation tests and soil borings (for lots not served by public sewer), to the Village Clerk-Treasurer. The map shall be reviewed by the Village Board for conformance with this chapter and all ordinances, rules, regulations, Comprehensive Plans and Comprehensive Plan components which affect it. The Board shall approve, approve conditionally, or reject such map within 90 days from the date of filing of the map, unless the time is extended by agreement with the subdivider. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider. If the map is approved, the Board shall cause the Village Clerk-Treasurer to so certify on the face of a copy of the map and return it to the submitter.[3]
J.
Recordation. This certified survey map shall be filed by the divider,
subdivider or owner for record with the County Register of Deeds,
and a copy of said map shall be filed with the Village Clerk-Treasurer.
A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a registered land surveyor and
the plat prepared on tracing cloth or paper of good quality at a scale
of not more than 100 feet to the inch and shall show correctly on
its face the following information:
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of proposed subdivision by government lot, quarter section,
township, range, county and state.
(3)
Date, scale and North point.
(4)
Names and addresses of the owner, subdivider and land surveyor preparing
the plat.
(5)
Entire area contiguous to the proposed plat that is owned or controlled
by the subdivider shall be included on the preliminary plat even though
only a portion of said area is proposed for immediate development.
The Village Board may waive this requirement where it is unnecessary
to fulfill the purposes and intent of this chapter and undue hardship
would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the United States
Public Land Survey and the total acreage encompassed thereby.
(2)
Locations of all existing property boundary lines, structures, drives,
streams and watercourses, marshes, rock outcrops, wooded areas, railroad
tracks and other significant features within the tract being subdivided
or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing streets, alleys
or other public ways, easements, railroad and utility rights-of-way
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(4)
Location and names of any adjacent subdivisions, parks and cemeteries,
and owners of record of abutting unplatted lands.
(5)
Type, width and elevation of any existing street pavements within
the exterior boundaries of the plat or immediately adjacent thereto,
together with any legally established center-line elevations.
(6)
Location, size and invert elevation of any existing sanitary or storm
sewers, culverts and drain pipes, the location of manholes, catch
basins, hydrants, electric and communications facilities, whether
overhead or underground, and the location and size of any existing
water and gas mains within the exterior boundaries of the plat or
immediately adjacent thereto. If no sewers or water mains are located
on or immediately adjacent to the tract, the nearest such sewers or
water mains which might be extended to serve the tract shall be indicated
by the direction and distance from the tract, size and invert.
(7)
Corporate limit lines within the exterior boundaries of the plat
or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior of the plat and extending to the center
line of adjacent public streets to National Map Accuracy Standards
based upon mean sea level datum at vertical intervals of not more
than two feet. At least two permanent bench marks shall be located
in the immediate vicinity of the plat; the location of the bench marks
shall be indicated on the plat, together with their elevations referenced
to mean sea level datum, and the monumentation of the bench marks
clearly and completely described. Where, in the judgment of the Board,
undue hardship would result because of the remoteness of the parcel
from a mean sea level reference elevation, another datum may be used.
(10)
High-water elevation of all ponds, streams, lakes, flowages
and wetlands within the exterior boundaries of the plat or located
within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes, flowages and wetlands
within the exterior boundaries of the plat or located within 100 feet
therefrom, at the date of the survey.
(12)
Floodland and shoreland boundaries and the contour line lying
a vertical distance of two feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, two
feet above the elevation of the maximum flood of record, within the
exterior boundaries of the plat or within 100 feet therefrom.
(13)
Soil types and their boundaries, as shown on the operational
soil survey maps prepared by the United States Department of Agriculture,
Natural Resources Conservation Service.
(14)
Location and results of soil boring tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, and delineation of areas with three-foot and six-foot groundwater
and bedrock levels where the subdivision will not be served by public
sanitary sewer service.
(15)
Location and results of percolation tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, where the subdivision will not be served by public sanitary
sewer service.
(16)
Location, width and names of all proposed streets and public
rights-of-ways such as alleys and easements.
(17)
Approximate dimensions of all lots, together with proposed lot
and block numbers.
(18)
Location and approximate dimensions of any sites to be reserved,
or dedicated parks, playgrounds, drainageways or other public use,
or which are to be used for group housing, shopping centers, church
sites, or other nonpublic uses not requiring lotting.
(19)
Approximate radii of all curves.
(20)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
(21)
Any proposed lake and stream improvement or relocation, and
notice of application for approval by the Department of Natural Resources,
when applicable.
(22)
Where the Board finds that it requires additional information
relative to a particular problem presented by a proposed development
in order to review the preliminary plat, it shall have the authority
to request in writing such information from the subdivider.
C.
Soil and water conservation.
(1)
Erosion control. The Village Board, upon determining from a review
of the preliminary plat that the soil, slope, vegetation and drainage
characteristics of the site are such as to require substantial cutting,
clearing, grading and other earthmoving operations in the development
of the subdivision or otherwise entail a severe erosion hazard, may
require the subdivider to provide soil erosion and sedimentation control
plans and specifications.
(2)
Tree cutting. Tree cutting and shrubbery clearing shall not exceed
30% of the lot or tract and shall be so conducted as to prevent erosion
and sedimentation; preserve the improve scenic qualities; and during
foliation, substantially screen any development from stream or lake
users.
(3)
Paths and trails. Paths and trails shall not exceed 10 feet in width
and shall be so designed and constructed as to result in the least
removal and disruption of trees and shrubs and the minimum impairment
of natural beauty.
(4)
Earth movements. Earth movements, such as grading, topsoil removal,
mineral extraction, stream course changing, road cutting, waterway
construction or enlargement, removal of streambed or lakebed materials,
excavation, channel clearing, ditching, drain tile laying, dredging
and lagooning, shall be so conducted as to prevent erosion and sedimentation
and to least disturb the natural fauna, flora, watercourse, water
regimen and topography.
(5)
Review. Review of such cutting, clearing and movement may be requested
of the County Soil and Water Conservation District Supervisors, the
State Area Fish and Game Managers, and the State Area Forester by
the Board as it deems appropriate.
D.
Street plans and profiles. The Village Board may require that the
subdivider provide street plans and profiles showing existing ground
surface, proposed and established street grades, including extensions
for a reasonable distance beyond the limits of the proposed subdivision
when requested. All elevations shall be based upon the same datum
as above, and plans and profiles shall meet the approval of the Commission.
E.
Covenants. The Village Board may require submission of a draft of
protective covenants whereby the subdivider intends to regulate land
use in the proposed subdivision and otherwise protect the proposed
development.
F.
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he has fully complied
with the provisions of this chapter.
A.
General. A final plat prepared by a registered land surveyor shall
be required for all subdivisions. It shall comply in all respects
with the requirements of § 236.20, Wis. Stats.
B.
Additional information. The plat shall show correctly on its face,
in addition to the information required by § 236.20, Wis.
Stats., the following:
(1)
Exact street width along the line of any obliquely intersecting street.
(2)
Floodland and shoreland boundaries and the contour line lying a vertical
distance of two feet above the elevation of the one-hundred-year recurrence
interval flood or, where such data is not available, a vertical distance
of two feet above the elevation of the maximum flood of record.
(3)
Location of individual lot soil boring and percolation tests as required
by Ch. SPS 385, Wis. Adm. Code, for all lots not served by public
sewer. The results of the tests shall be submitted with the plat.[1]
(4)
Railroad rights-of-way within and abutting the plat.
(5)
Setbacks or building lines required by any approving or reviewing
agency.
(6)
All lands reserved for future public acquisition or reserved for
the common use of property owners within the plat. If property reserved
for common use is located within the subdivision, provisions and plans
for its use and maintenance shall be submitted with the plat.
(7)
Special restrictions required by the Village Board and other approving
or objecting agency relating to access control along public ways,
the provision of planting strips, or shorelands or floodlands.
(8)
Where the Board finds that it requires additional information relative
to a particular problem presented by a proposed development to review
the final plat, it shall have the authority to request in writing
such information from the subdivider.
C.
Deed restrictions. The Village Board may require the deed restrictions
be filed with the final plat.
D.
Survey accuracy. A qualified person shall examine all final plats
within the Village's jurisdiction and make field checks for the
accuracy and closure of survey, proper kind and location of monuments,
and legibility and completeness of the drawing.
E.
Surveying and monumenting. All final plats shall meet all the surveying
and monumenting requirements of § 236.15, Wis. Stats.
F.
State plane coordinate system. Where the plat is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated by the Village, the plat shall be tied directly to
one of the section or quarter corners so relocated, monumented and
coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinates of the monument marking the relocated section
or quarter corner to which the plat is tied shall be indicated on
the plat. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Village's
control survey.
G.
Certificates. All final plats shall provide all the certificates
required by § 236.21, Wis. Stats., and, in addition, the
surveyor shall certify that he has fully complied with all the provisions
of this chapter.
A.
General. A certified survey map prepared by a registered land surveyor shall be required for all minor subdivisions. It shall comply in all respects with the requirements of § 236.34, Wis. Stats., and § 570-6 of this chapter. The minor subdivision shall be excepted from the improvements requirements set forth in § 570-16 of this chapter but shall comply with the design standards set forth in §§ 570-10 through 570-15 of this chapter.
B.
Additional information. The map shall show correctly on its face,
in addition to the information required by § 236.34, Wis.
Stats., the following:
(1)
Date of map.
(2)
Graphic scale.
(3)
Name and address of the owner, subdivider and surveyor.
(4)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper division.
(5)
Names of adjoining streets, highways, parkways, cemeteries, subdivisions,
ponds, streams, lakes, flowages and wetlands.
(6)
Acreage included in each parcel.
(7)
Floodland and shoreland boundaries and the contour line lying a vertical
distance of two feet above the elevation of the one-hundred-year recurrence
interval flood, or, where such date is not available, a vertical distance
of two feet above the elevation of the maximum flood of record.
(8)
Location of individual lot soil boring and percolation test, as required
by Ch. SPS 385, Wis. Adm. Code, for all lots not served by public
sewer. The results of the tests shall be submitted with the map.[1]
(9)
Setbacks or building lines required by any approving or reviewing
agency.
(10)
All lands reserved for future public acquisition.
(11)
Where the Board finds that it requires additional information
relative to a particular problem presented by a proposed development
to review the certified survey map, it shall have the authority to
request, in writing, such information from the subdivider as information
on shoreline and bottom characteristics.
C.
State plane coordinate system. Where the map is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated by the Village, the map shall be tied directly to
one of the section or quarter corners so relocated, monumented and
coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinate of the monument marking the relocated section
or quarter corner to which the map is tied shall be indicated on the
map. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Village's
control survey.
D.
Certificates. The surveyor shall certify on the face of the map that
he has fully complied with all the provisions of this chapter. The
Board, after a recommendation by the reviewing agencies, shall certify
its approval on the face of the map.
E.
Recordation. The certified survey map shall only be recorded with
the County Register of Deeds after the certificates of the Village
Board and the surveyor are placed on the face of the map.
A.
Compliance with statutes. In laying out a subdivision, the owner
shall conform to the provisions of Ch. 236, Wis. Stats., and all applicable
Code sections. In all cases where the requirements of the Code section
are different from the requirements of Chapter 236, Wis. Stats., the
more restrictive provision shall apply.
B.
Dedication. The subdivider shall dedicate land and improve streets
as provided herein. Streets shall be located with due regard for topographical
conditions, natural features, existing and proposed streets, utilities
and land uses and public convenience and safety. Streets shall conform
to the Official Map of the Village.
C.
Sufficient frontage. All lots shall have sufficient frontage on a
public street to allow access by emergency and service motor vehicles.
D.
Compliance with Official Map/Plan. The arrangement, character, extent,
width, grade and location of all streets shall conform to all applicable
plans officially adopted by the Village Board and shall be contiguous
in alignment with existing or platted streets to which they will connect.
E.
Area not covered by Official Map. In areas not covered by the Official
Map, the layout of streets shall conform to the plan for most advantageous
development of adjoining areas of the neighborhood. Streets shall
be designed and located in relation to existing and officially planned
streets, topography and natural terrain, streams and lakes, and existing
tree growth, public convenience and safety, and in their appropriate
relation to the proposed use of the land to be served by such streets.
F.
Street classification. Streets shall be classified as indicated below:
(1)
Collector streets. Collector streets shall be arranged so as to provide
ready collection of traffic from residential areas and conveyance
of this traffic to the major street and highway system and shall be
properly related to special traffic generators such as schools, churches
and shopping centers and other concentrations of population and to
the major streets into which they feed.
(2)
Minor streets. Minor streets shall be arranged to conform to the
topography, to discourage use by through traffic, to permit the design
of efficient storm and sanitary sewerage systems, and to require the
minimum street area necessary to provide safe and convenient access
to abutting property.
(3)
Proposed streets. Proposed streets shall extend to the boundary lines
of the tract being subdivided unless prevented by topography or other
physical conditions or unless, in the opinion of the Village Board,
such extension is not necessary or desirable for the coordination
of the layout of the subdivision or land division or for the advantageous
development of the adjacent tracts.
(4)
Reserve strips. Reserve strips shall not be provided on any plat
to control access to streets or alley, except where control of such
strips is placed with the Village under conditions approved by the
Village Board.
(5)
Alleys. Alleys shall be provided in commercial and industrial districts
for off-street loading and service access, but shall not be approved
in residential districts. Dead-end alleys shall not be approved and
alleys shall not connect to a major thoroughfare.
(6)
Arterial streets. Arterial streets shall be arranged so as to provide
ready access to centers of employment, centers of governmental activity,
community shopping areas, community recreation, and points beyond
the boundaries of the community. They shall also be properly integrated
with and related to the existing and proposed system of major streets
and highways and shall be, insofar as practical, continuous and in
alignment with existing or planned streets with which they are to
connect.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village must also comply with the minimum
town road standards of § 82.50, Wis. Stats.
H.
Continuation. Streets shall be laid out to provide for possible continuation
wherever topographic and other physical conditions permit. Provision
shall be made so that all proposed streets shall have a direct connection
with, or be continuous and in line with, existing, planned or platted
streets with which they are to connect. Proposed streets shall be
extended to the boundary lines of the tract to be subdivided, unless
prevented by topography or other physical conditions or unless, in
the opinion of the Village Board, such extension is not necessary
or desirable for the coordination of the layout of the subdivision
with existing layout or the most advantageous future development of
adjacent tracts. Dead-end streets not over 500 feet in length will
be approved when necessitated by the topography.
I.
Minor streets. Minor streets shall be so laid out so as to discourage
their use by through traffic.
J.
Number of intersections. The number of intersections of minor streets
with major streets shall be reduced to the practical minimum consistent
with circulation needs and safety requirements.
K.
Frontage roads. Where a subdivision abuts or contains an existing
or proposed arterial highway, the Village Board may 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.
L.
Arterial street and highway protection. Whenever the proposed subdivision
contains or is adjacent to a major street or highway, adequate protection
of residential properties, limitation of access and separation of
through and local traffic shall be provided by reversed frontage,
with screen planting contained in a nonaccess reservation along the
rear property line, or by the use of frontage streets.
M.
Tangents. A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets.
N.
Visibility. Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
O.
Street grades.
(1)
Unless necessitated by exceptional topography subject to the approval
of the Village Board, the maximum center-line grade of any street
or public way shall not exceed the following.
(2)
The grade of any street shall in no case exceed 12% or be less than
0.5%.
(3)
Street grades shall be established wherever practicable so as to
avoid excessive grading, the promiscuous removal of ground cover and
tree growth, and general leveling of the topography. All changes in
street grades shall be connected by vertical curves of a minimum length
equivalent in feet to 15 times the algebraic difference in the rates
of grade for major streets and 1/2 this minimum for all other streets.
P.
Radii of curvature. 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.
Q.
Vertical curves. All changes in street grades shall be connected
by vertical curves of a minimum length in feet equivalent to 30 times
the algebraic difference in grade for major thoroughfares and 20 times
this algebraic difference for all other streets.
R.
Half streets. Where a half street is adjacent to the subdivision,
the other half street shall be dedicated by the subdivider. The platting
of half streets should be avoided where possible.
S.
Street intersections.
(1)
Wherever possible, streets shall intersect at right angles with no
street intersecting any other at an angle of less than 60° and,
where they cross-jog, offsets of less than 130 feet center line shall
be avoided.
(2)
Number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
(3)
Number of intersections along major streets and highways shall be
held to a minimum. Wherever practicable, the distance between such
intersections shall not be less than 1,200 feet.
(4)
Property lines at street intersections shall be rounded with a minimum
radius of 15 feet or of a greater radius when required by the Village
Board or shall be cut off by a straight line through the points of
tangency of an are having a radius of 15 feet.
(5)
Minor streets shall not necessarily continue across arterial or collector
streets, but if the center lines of such minor streets approach the
major streets from opposite sides within 300 feet of each other, measured
along the center line of the arterial or collector street, then the
location shall be so adjusted that the adjoinment across the major
or collector street is continuous and a jog is avoided.
T.
Limited-access highway and railroad right-of-way treatment. Whenever
the proposed subdivision contains or is adjacent to a limited-access
highway or railroad right-of-way, the design shall provide the following
treatment:
(1)
Subdivision lots. When lots within the proposed subdivision back
upon the right-of-way of an existing or proposed limited-access highway
or a railroad, a planting strip at least 30 feet in depth shall be
provided adjacent to the highway or railroad in addition to the normal
lot depth. This strip shall be part of the platted lot but shall have
the following restriction lettered on the face of the plat: "This
strip reserved for the planting of trees and shrubs, the building
of structures hereon prohibited."
(2)
Commercial and industrial districts. Commercial and industrial districts
shall have provided, on each side of the limited-access highway or
railroad, streets approximately parallel to and at a suitable distance
from such highway or railroad for the appropriate use of the land
between such streets and highway or railroad, but not less than 150
feet.
(3)
Streets parallel to a limited-access highway. Streets parallel to
a limited-access highway or railroad right-of-way, when intersecting
a major street and highway or collector street which crosses said
railroad or highway, shall be located at a minimum distance of 250
feet from said highway or railroad right-of-way. Such distance, where
desirable and practicable, shall be determined with due consideration
of the minimum distance required for the future separation of grades
by means of appropriate approach gradients.
(4)
Minor streets immediately adjacent and parallel to railroad rights-of-way
shall be avoided, and location of minor streets immediately adjacent
to arterial streets and highways and to railroad rights-of-way shall
be avoided in residential areas.
(5)
Sales of land abutting on private way. No person shall sell any parcel
of land of five acres or less in size if it abuts on a road which
has not been accepted as a public road, unless the seller informs
the purchaser in writing of the fact that the road is not a public
road and is not required to be maintained by town, county, or Village.
U.
Street names. New street names shall not duplicate the names of existing
streets, but streets that are continuations of others already in existence
and named shall bear the names of the existing streets. Street names
shall be subject to approval by the Village Board.[1]
V.
Street design standards.
(1)
The minimum right-of-way and roadway width of all proposed streets
and alleys shall be as specified by the Comprehensive Plan, Comprehensive
Plan component, Official Map or neighborhood development study; or
if no width is specified therein, the minimum widths shall be as follows:
|
Street Type
|
Minimum Width in Feet
| |
|---|---|---|
|
Arterial
|
100
| |
|
Collector
|
80
| |
|
Local or minor
|
60
|
(2)
Both urban and rural street sections are for standard arterial streets
only. Cross sections for freeways, expressways and parkways should
be based upon detailed engineering studies. The Board 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 street section
standards.
(3)
Culs-de-sac. Cul-de-sac streets designed to have one end permanently
closed shall not exceed 500 feet in length. All cul-de-sac streets
designed to have one end permanently closed shall terminate in a circular
turnaround having a minimum right-of-way radius of 60 feet and a minimum
inside curb radius of 40 feet.
(4)
Temporary dead-ends or culs-de-sac. All temporary dead-ends shall
have a maximum length of 800 feet, and a temporary cul-de-sac shall
have a minimum right-of-way radius of 50 feet and a minimum inside
curb radius of 40 feet.
W.
Visibility. Clear visibility, measured along the center line, shall
not be less than specified as follows:
|
Street Type
|
Minimum Sight Distance in Feet
| |
|---|---|---|
|
Arterial
|
500
| |
|
Collector
|
250
| |
|
Local or minor
|
200
|
A.
Length. The lengths, widths and shapes of blocks shall be appropriate
for the topography and the type of development contemplated, but block
length in residential areas shall not exceed 1,350 feet nor have less
than sufficient width to provide for two tiers of lots of appropriate
depth between street lines. As a general rule, blocks shall not be
less than 600 feet in length.
B.
Width. Blocks shall have sufficient width to provide for two tiers
of lots of appropriate depth, except where otherwise required to separate
residential development from through traffic. Width of lots or parcels
reserved or laid out for commercial or industrial use shall be adequate
to provide for off-street service and parking required by the use
contemplated and the area zoning restrictions for such use.
C.
Pedestrian pathways. Pedestrian pathways, not less than 10 feet wide,
shall be required by the Village Board through the center of a block
more than 900 feet long where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation
and other community facilities.
D.
Trees. The Village Board may require that certain species of trees
be planted on both sides of all streets.
A.
Size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development contemplated, provided that no residential lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 585, Zoning.
B.
Area and dimensions of lots shall conform to the requirements of Chapter 585, Zoning, and in areas not served by sewer shall, in addition, conform to the requirements of the State Department of Safety and Professional Services and the Shawano County Private On-Site Wastewater Treatment System Ordinance. Whenever a tract is subdivided into large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this chapter.[1]
C.
Lots shall have a minimum average depth of 100 feet. Excessive depth
in relation to width shall be avoided, and a proportion of two to
one shall be considered a desirable ratio under normal conditions.
Depth of lots or parcels reserved or laid out for commercial or industrial
use shall be adequate to provide for off-street service and parking
required by the use contemplated and the area zoning restrictions
for such use.
D.
Residential lots fronting on major streets and highways shall be
platted with extra depth or designed to alleviate the effect of major
street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width of 10 feet
to permit building setback from both streets.
F.
Every lot shall abut or face a public street for a distance of at
least 30 feet at the property line on a public street.
G.
Butt lots will be permitted by the Village Board only in exceptional
cases.
H.
Side lot lines shall be substantially at right angles to or radial
to abutting curved street lines. Lot lines shall follow municipal
boundary lines rather than cross them.
I.
In case a tract is divided into parcels of more than 1 1/2 acres in area, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 585, Zoning.
J.
Double frontage and reversed frontage lots shall be avoided, except
where necessary to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.
K.
Width of lots shall conform to the requirements of Chapter 585, Zoning, and in no case shall a lot be less than 60 feet in width at the building setback line.
L.
Lands lying between the meander line, established in accordance with
§ 236.20(2)(g), Wis. Stats., and the water's edge,
and any otherwise unplatted lands which lie between a proposed subdivision
and the water's edge shall be included as parts of lots, outlots
or public dedications in any plat abutting a lake or stream. This
requirement applies not only to lands proposed to be subdivided but
also to all lands under option to the subdivider or in which he holds
any interest and which are contiguous to the lands proposed to be
subdivided and which abut a lake or stream as provided in § 236.16(4),
Wis. Stats.
A.
Drainage system required. A drainage system shall be designed and
constructed by the subdivider to provide for the proper drainage of
the surface water of the subdivision and the drainage area of which
it is a part. A final plat shall not be approved until the subdivider
shall submit plans, profiles and specifications as specified in this
section which have been prepared by a registered professional engineer
and approved by the Village Engineer. The final plat shall show drainage
arrows along lot lines indicating the direction of water flow.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village Engineer and Village Board
a report on the ability of existing watercourse channels, storm sewers,
culverts, and other improvements pertaining to drainage or flood control
within the subdivision to handle the additional runoff which would
be generated by the development of the land within the subdivision.
Additional information shall be submitted to adequately indicate that
provision has been made for disposal of surface water without any
damage to the developed or undeveloped land downstream or below the
proposed subdivision. The report shall also include:
(a)
Estimates of the quantity of stormwater entering the subdivision
naturally from areas outside the subdivision.
(b)
Quantities of flow at each inlet or culvert.
(c)
Location, sizes and grades of required culverts, storm drainage
sewers and other required appurtenances.
(d)
Stormwater estimates shall be based on a ten-year storm.
(2)
A grading plan for the streets, blocks and lots shall be submitted
by the subdivider for the area within the subdivision.
(3)
The design criteria for storm drainage systems shall be based upon
information provided by the Village Engineer.
(4)
Material and construction specifications for all drainage projects
(i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with
specifications provided by the Village Board or Village Engineer.
(5)
All disturbed areas shall be protected from erosion as directed and
approved by the Village Engineer and pursuant to applicable Village
ordinances.
C.
Grading. The subdivider shall grade each subdivision in order to
establish street, block and lot grades in proper relation to each
other and to topography, as follows:
(1)
The subdivider shall grade the full width of the right-of-way of
all proposed streets in accordance with the approved plans.
(2)
Block grading shall be completed by one or more of the following
methods:
(a)
A ridge may be constructed along the rear lot lines which provides
for drainage onto the streets.
(b)
Parts of all lots may be graded to provide for drainage to the
street or to a ditch along the rear lot line.
(c)
Draining across rear or side lot lines may be permitted, provided
that drainage onto adjoining properties is skillfully controlled.
(3)
Lot grading shall be completed so that water drains away from each
proposed building at a minimum grade of 2%, and provisions shall be
made to prevent excessive drainage onto adjacent properties.
(4)
The topsoil stripped by grading shall not be removed from the site
and shall be uniformly spread over the lots when rough grading is
finished.
D.
Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.
(1)
Street drainage. All streets shall be provided with an adequate storm
drainage system. The street storm system shall serve as the primary
drainage system and shall be designed to carry street, adjacent land
and building stormwater drainage. No stormwater shall be permitted
to be run into the sanitary sewer system within the proposed subdivision.
(2)
Off-street drainage. The design of the off-street drainage system
shall include the watershed affecting the subdivision and shall be
extended to a watercourse or ditch adequate to receive the storm drainage.
When the drainage system is outside of the street right-of-way, the
subdivider shall make provisions for dedicating an easement to the
Village to provide for future maintenance of said system. Easements
shall be a minimum of 20 feet, but the Village may require larger
easements if more area is needed due to topography, size of watercourse,
etc.
E.
Protection of drainage systems. The subdivider shall adequately protect
all ditches to the satisfaction of the Village Board and Village Engineer.
Ditches and open channels shall be seeded, sodded or paved, depending
upon grades and soil types. (Generally ditches or channels with grades
up to 1% shall be seeded; those with grades up to 4% shall be sodded
and those with grades over 4% shall be paved.)
A.
Design capacity. All improvements shall be installed to satisfy the
service requirements for the service or drainage area in which the
subdivision is located, and the improvements shall be of sufficient
capacity to handle the expected development of the overall service
or drainage area involved.
B.
Extra-size improvements. Where improvements in excess of the size
needed to serve just the proposed subdivision are required, the subdivider
shall pay for the total cost of improvements he is required to install
to serve his subdivision. The additional costs which result from the
extra-size improvement shall be paid for by the Village. Thus, when
conditions within the whole drainage area will require an eighteen-inch
sanitary sewer, for example, and a twelve-inch sewer will adequately
serve the subdivision involved, the subdivider shall construct the
eighteen-inch utility and bill the Village for the difference in material
costs between a twelve-inch and eighteen-inch sewer pipe.
C.
Off-site extensions. When streets or utilities are not available
at the boundary of proposed subdivisions, the Village or its duly
authorized representative shall require, as a prerequisite to approval
of a final plat, assurances that such improvement extension shall
be provided, as follows:
(1)
Extensions of utilities onto the property involved shall be adequate
to serve total development requirements of the service or drainage
area. Utilities leaving the property shall be constructed in such
a manner as to make their extension practical for servicing the adjacent
areas of the service or drainage area.
(2)
If the Village or its duly authorized representative finds that extensions
across undeveloped areas would not be warranted as a special assessment
to the intervening properties or as a governmental expense until some
future time, the developer shall be required, if he wishes to proceed
with the development, to obtain necessary easements or rights-of-way
and construct and pay for such extensions. Such improvements shall
be available for connections by subdividers of adjoining land, and
the subdivider may contract with adjacent property owners and/or subdividers
of adjacent land for reimbursement of the oversize and/or off-site
improvements constructed.
D.
Where sanitary sewer lift stations and force mains are required to
lift sewage to the gravity system, the subdivider shall have plans,
profiles and specifications prepared for the installation of such
facilities. The installation, inspection, supervision and engineering
fees for lift stations and/or force mains shall be paid for by the
subdivider unless otherwise determined and agreed upon by the Village
Board.
A.
General.
(1)
If a proposed subdivision includes land that is zoned for commercial
or industrial purposes, the layout of the subdivision with respect
to such land shall make such provisions as the Village may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 585, Zoning. A nonresidential subdivision shall be subject to all the requirements of this chapter, as well as such additional standards required by the Village, and shall conform to the proposed land use standards established in the Comprehensive Plan, Official Map and Chapter 585, Zoning.
B.
Standards. In addition to the principles and standards in this chapter,
which are appropriate to the planning of all subdivisions, the applicant
shall demonstrate to the satisfaction of the Village that the street,
parcel and block pattern proposed is specifically adapted to the uses
anticipated and takes into account other uses in the vicinity. The
following principles and standards shall be observed:
(1)
Proposed industrial parcels shall be suitable in area and dimensions
to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated to be generated thereupon.
(3)
Special requirements may be imposed by the Village with respect to
street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the Village with respect to
the installation of public utilities, including water sewer and stormwater
drainage.
(5)
Every effort shall be made to protect adjacent residential areas
from potential nuisance from a proposed commercial or industrial subdivision,
including the provision of extra depth in parcels backing up on existing
or potential residential development and provisions for permanently
landscaped buffer strip when necessary.
(6)
Streets carrying nonresidential traffic, especially truck traffic,
shall not normally be extended to the boundaries of adjacent existing
or potential residential areas.
A.
Improvements completed. All improvements required in this chapter shall be constructed in accordance with a developer agreement, to be entered into between the subdivider and Village, and this chapter prior to filing the final plat with the Village Clerk-Treasurer for approval by the Village Board. In lieu of construction of any of the public improvements, the owner may furnish a surety bond as provided in Subsection B of this section.[1]
B.
Financing. Before a final plat is approved by the Village Board,
the subdivider shall enter into a developer agreement with the Village
and provide a performance bond or cash escrow acceptable to the Village.
The subdivider/Village agreement shall contain the following:[2]
(1)
The subdivider shall pay for the cost of all improvements required
in the subdivision by the Village Board.
(2)
Guaranteed completion of the required improvements within a two-year
period.
(3)
Payment by the subdivider for all costs incurred by the Village for
review and inspection. This would include preparation and review of
plans and specifications by the Village Engineer and Attorney, as
well as other costs of a similar nature.
(4)
The Village may elect to install any of the required improvements
under the terms of a cash escrow agreement.
(5)
The performance bond or cash escrow agreement shall be equal to 1 1/4
times the Village Engineer's estimated cost of the required improvements.
(6)
If the required improvements are not complete within the two-year
period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the Village and applied
to the cost of the required improvements. Any balance remaining after
such improvements have been made shall be returned to the owner or
subdivider. The Village Board, at its option, may extend the bond
period for an additional period not to exceed two years.
(7)
Cost estimates of all improvements.
(8)
Any other items as may be required by the Village Board.
C.
Survey monuments. The subdivider shall install survey monuments placed
in accordance with the requirements of § 236.15, Wis. Stats.
D.
Grading.
(1)
Cut and filled lands shall be graded by the subdivider to a maximum
slope of one on four or the soil's angle of repose, whichever is the
lesser, and covered with permanent vegetation.
(2)
Where electric and communications facilities are to be installed
underground, the utility easements shall be graded to within six inches
of final grade by the subdivider prior to the installation of such
facilities, and earthfill piles or mounds of dirt or construction
materials shall not be stored on such easement areas.
E.
Street system.
(1)
Design. A street system shall be designed and constructed by the
subdivider in accordance with this chapter and specifications of the
Village so as to provide all lots in the subdivision with adequate
frontage on or access to a public street.
(2)
Street system plans. The subdivider shall submit to the Village Engineer
a report, including plan, profiles, typical cross sections and specifications
for the proposed street system throughout the subdivision with additional
data supplied to indicate how all the streets in the subdivision which
connect to surrounding streets will be designed. The street plans
shall show the proposed right-of-way, pavement width, location and
proposed alignment grade, geometric details, cross sections as well
as base course and thickness. No final plat will be approved unless
all streets in the subdivision have been constructed in accordance
with approved plans or an improvement guarantee in the form of a bond,
letter of credit, etc., has been provided by the subdivider.
(3)
Specifications. The proposed street system shall be constructed to conform with the design standards of § 570-10 of this chapter and other Village street specifications.
(a)
Local streets shall be surfaced for a minimum width of 36 feet,
or as otherwise specified by the Village Board.
(b)
A minimum of nine inches of gravel base course shall be provided.
Precise amount of base course shall be determined by the Village Engineer
after an examination of soil and topography.
(c)
After the installation of all utility and stormwater drainage
improvements, the subdivider shall surface all roadways in streets
proposed to be dedicated to the widths prescribed by this chapter
and the Comprehensive Plan or Comprehensive Plan components of the
Village. Said surfacing shall be done in accordance with plans and
standard specifications approved by the Village Engineer.
F.
Curb and gutter. After the installation of all utility and stormwater
drainage improvements, the subdivider may be required to construct
concrete curbs and gutters in accordance with plans and standard specifications
approved by the Village Engineer. Whenever possible, provision shall
be made at the time of construction for driveway access curb cuts.
G.
Sanitary sewer system.
(1)
General design. A sanitary sewer system shall be designed and constructed
in accordance with state codes, this chapter and specifications of
the Village Engineer to adequately serve all lots in the subdivision.
In addition, pipe sizes, lift stations, force mains or other appurtenances
shall be sized or provided to accommodate the orderly development
of nearby land which is an integral part of the neighborhood service
or drainage area. The subdivision collection system shall be connected
to the Village sewer system.
(2)
Sanitary system plans.
(a)
The subdivider shall submit to the Village Engineer a report
including plans, profiles and specifications for the proposed sanitary
sewer system, which shall show pipe sizes, gradients, types of pipe,
invert and finished grade elevations, location, type and size of all
lift stations or force mains for all sanitary facilities including
house laterals to each lot line. No final plat will be approved until
sanitary sewer plans have been approved by the Village Engineer and
installed by the subdivider in accordance with said plans. Improvement
guarantee in lieu of construction may be permitted by the Village
Board.
(b)
The sanitary sewer system shall be designed to serve the estimated
future tributary area that can reasonably be expected to be developed
within 40 years of plat approval. The Village Board will make this
determination. Sewer capacities should be adequate to handle the anticipated
maximum hourly quantity of sewage and nonresidential waste with an
allowance for infiltration and other extraneous flow. Generally, a
unit design flow of 0.02 cubic foot per second per acre may be used
to compute tributary area flows from undeveloped upstream areas.
(c)
No sewer pipe shall be less than eight inches in diameter.
(d)
House laterals up to each lot line of the subdivision shall
be provided.
(e)
All sewers shall be designed to give mean velocities, when flowing
full, of not less than 2.0 feet per second. Maximum slope shall provide
velocity of from 12 to 15 feet per second at average flow. The following
table may be used for minimum slopes:
|
Minimum Slope
| |||
|---|---|---|---|
|
Sewer Size
|
Dead-End Sewers
|
Other Sewers
| |
|
8 inch
|
0.60 foot/100 feet
|
0.40 foot/100 feet
| |
|
10 inch
|
0.44 foot/100 feet
|
0.28 foot/100 feet
| |
|
12 inch
|
0.36 foot/100 feet
|
0.22 foot/100 feet
| |
|
All other
|
In accordance with Village Engineer's specifications
| ||
(f)
Manholes shall be provided at least at four-hundred-foot intervals
at the end of each line and at all changes in grade, size or alignment.
(g)
Not less than six feet of cover shall be provided over top of
pipe in street right-of-way or four feet in all other areas.
(h)
A minimum horizontal distance of eight feet shall be maintained between parallel waterlines and sewer lines, except where same trench burial of sanitary sewers and water mains is permitted in accordance with Subsection G(2)(i) below. Where sewers cross water mains, the separation distance and pipe material shall be as specified by the Village Engineer.
(i)
Same trench burial of sewer mains and waterlines may be permitted
by the Village Board after receiving a report and recommendation from
the Village Engineer where excavation is especially difficult due
to the presence of rock near the surface or unstable soil. Where the
waterlines are permitted to be laid in the same trench with the sewer
mains, the sewer lines and waterlines shall be laid in accordance
with instructions provided by the Village Engineer. Backfill material
shall be thoroughly tamped around and above the sewer until it forms
a solid bed for the water main.
(j)
All sewers shall be laid with straight alignment between manholes,
unless otherwise directed or approved by the Village Engineer.
H.
Stormwater drainage facilities.
(1)
The subdivider shall construct stormwater drainage facilities, which
may include curbs and gutters, catch basins and inlets, storm sewers,
road ditches and open channels as required by the Village Board. All
such facilities shall be of adequate size and grade to hydraulically
accommodate the maximum potential volumes of flow. The type of facilities
required, the design criteria, and the sizes and grades shall be determined
by the Board.
(2)
Storm drainage facilities shall be so designed as to prevent and
control soil erosion and sedimentation and to present no hazard to
life or property; and the size, type and installation of all stormwater
drains and sewers proposed to be constructed shall be in accordance
with the plans and standard specifications approved by the Village
Board. Such facilities may, at the request of the Board, include water
retention structures and settling basins so as to prevent erosion
and sedimentation.
(3)
Unpaved road ditches and street gutters shall be shaped and seeded
or sodded as grassed waterways. Where the velocity of flow is in excess
of four feet per second on soils having a severe or very severe erosion
hazard and in excess of six feet per second on soils having moderate,
slight or very slight erosion hazard, the subdivider shall install
a paved invert or check dams, flumes or other energy-dissipating devices
in accordance with plans approved by the Village Board.
(4)
The subdivider shall assume the cost of installing all storm sewers
within the proposed subdivision, except for the added cost of installing
storm sewers greater than 24 inches in diameter which are necessary
to serve tributary drainage areas lying outside of the proposed subdivision.
I.
Public water supply facilities.
(1)
Design. A water system shall be designed and constructed in accordance
with state codes, this chapter and specifications of the Village Engineer
to adequately serve all lots in the subdivision with water at sufficient
pressure for firefighting needs. The subdivision water system shall
be connected to the Village water system. Elevated storage tank, ground
reservoirs, treatment works, booster pumps, hydrants and oversized
waterlines will be provided by the Village as needed.
(2)
Plans. The subdivider shall submit to the Village Engineer a report
including plans and specifications for the proposed water system which
shall show pipe sizes, hydrant locations and specifications, valve
locations and specifications, cross connectors, booster pumps with
house lines provided to the lot line of each lot in the subdivision.
No final plat will be approved until the water system plan has been
approved by the Village Engineer and installed by the subdivider in
accordance with said plans. Improvement guarantee in lieu of construction
may be permitted by the Village Board.
(3)
Water system requirements. The design criteria for the water distribution
system shall be based on the specifications or standards of this chapter,
state codes and other Village requirements. The following is a partial
summary of the more general minimum requirements:
(a)
No water mains shall be less than six inches in diameter.
(b)
Fire hydrants which will be provided by the Village must be
installed by the subdivider at locations no more than 1,000 feet apart
and within 500 feet of every proposed structure.
(c)
Gate valves on cross-connection water mains shall be so located
that no single break in the distribution system shall require more
than 800 feet to be out of service in a residential district.
J.
Other utilities.
(1)
The subdivider shall cause gas, electrical power and telephone facilities
to be installed in such a manner as to make adequate service available
to each lot in the subdivision. No such electrical or telephone service
shall be located on overhead poles along the front lot lines unless
otherwise allowed due to exceptional topography or other physical
barrier.
(2)
Plans indicating the proposed location of all gas, electrical power
and telephone distribution and transmission lines required to service
the plat shall be approved by the Village Board with the preliminary
plat.
K.
Street lamps. The subdivider shall install street lamps along all
streets proposed to be dedicated of a design compatible with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Village Board.
L.
Street signs. The subdivider shall install at the intersections of
all streets proposed to be dedicated a street sign of a design specified
by the Village Board.
M.
Phased or partial improvements. In all instances where it shall appear
to the satisfaction of the Village Board that all of a platted subdivision
cannot immediately be improved with respect to the installation of
streets, storm sewers, sanitary sewers and related facilities, the
Village Board may authorize the subdivider to proceed with the installation
of improvements required under this chapter on one or a portion of
the total number of lots covered by the plat.
A.
Commencement. No construction or installation of improvements shall
commence in a proposed subdivision until the preliminary plat has
been approved.
B.
Building permits. No building permits shall be issued for erection
of a structure on any lot not of record until all the requirements
of this chapter have been met.
C.
Plans. The following plans and accompanying construction specifications
may be required by the Village Board before construction or installation
of improvements is authorized:
(1)
Street plans and profiles showing existing and proposed grades, elevations
and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials of required
facilities.
(4)
Water main plans and profiles showing the locations, sizes, elevations
and materials of required facilities.
(5)
Erosion and sedimentation control plans showing those structures
required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation.
(6)
Planting plans showing the locations, age, caliper, species and time
of planting of any required grasses, vines, shrubs and trees.
(7)
Additional special plans or information as required.
D.
Inspection.
(1)
The Village or its duly authorized representative may inspect all
improvements.
(2)
Inspectors employed by the Village shall be authorized to inspect
all work done and all materials furnished. Such inspection may extend
to all or any part of the work and to the preparation, fabrication
or manufacture of the materials to be used. The inspector shall not
be authorized to revoke, alter or waive any requirements of the specifications
or plans. He shall be authorized to call the attention of the contractor
to any failure of the work or materials to conform to the specifications
and contract. He shall have the authority to reject materials which
do not meet specifications requirements or suspend the portion of
the work involved until any question at issue can be referred to and
decided by the Village or its duly authorized representative.
(3)
Upon completion of all the improvements, the subdivider shall request,
in writing, a final inspection by the Village or its duly authorized
representative. The Village or its duly authorized representative
shall make final inspection of streets, sidewalks, curbs and gutters,
sanitary and storm sewers, water mains and other improvements required
in this chapter.
E.
Erosion control.
(1)
The subdivider shall cause all grading, excavations, open cuts, side
slopes, and other land surface disturbances to be mulched, seeded,
sodded or otherwise protected so that erosion, siltation, sedimentation
and washing are prevented, in accordance with the plans and specifications
approved by the Village Board.
(2)
Sod shall be laid in strips at those intervals necessary to prevent
erosion and at right angles to the direction of drainage.
(3)
Temporary vegetation and mulching shall be used to protect critical
areas, and permanent vegetation shall be installed as soon as practical.
(4)
Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
(5)
Sediment basins shall be installed and maintained at all drainageways
to trap, remove and prevent sediment and debris from being washed
outside the area being developed.
F.
Existing flora.
(1)
The subdivider shall make every effort to protect and retain all
existing trees, shrubbery, vines and grasses not actually lying in
public roadways, drainageways, soil absorption waste disposal areas,
paths and trails.
(2)
Such trees are to be protected and preserved during construction
in accordance with sound conservation practices, including the preservation
of trees by well islands or retaining walls whenever abutting grades
are altered.
A.
General. The subdivider shall pay the Village all fees as hereinafter
required and at the times specified.
B.
Application fee. The subdivider shall pay a fee as set by the Village
Board for each lot or parcel within the preliminary plat or certified
survey to the Village Clerk-Treasurer at the time of application for
approval of any preliminary plat. This fee will assist in defraying
the costs of review of the preliminary plat, final plat and plans
and specifications for improvements. This fee is nonrefundable. A
reapplication of any preliminary plat or certified survey which has
been previously reviewed will be subject to the original application
fee requirements specified above.[1]
C.
Inspection fee. The subdivider shall pay a fee to the Village Engineer
equal to the actual cost incurred by the Village Engineer for such
construction plan review and inspections as the Village Board deems
necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the Village or any other governmental authority.
D.
Public site fee.
(1)
If the Village Board waives the requirement for dedication of public lands as provided in § 570-20, a fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the Village Clerk-Treasurer at the time of first application for approval of a final plat of said subdivision in the amount of the value of acre of developed land for each 26 dwelling units within the plat, determined by the Village Assessor based on representative market values.
(2)
Public site fees shall be placed in a separate service district fund
by the Village Clerk-Treasurer to be used only for the acquisition
of park sites which will serve the proposed subdivision. Said fund
shall be established on the basis of the service area of existing
or proposed park facilities.
E.
Engineering fee.
(1)
The subdivider shall pay a fee to the Village Engineer equal to the
actual cost incurred by the Village Engineer for all engineering work
incurred by the Village in connection with the plat.
(2)
Engineering work shall include the preparation of construction plans
and standard specifications. The Village Board may permit the subdivider
to furnish all, some or part of the required construction plans and
specifications; in which case no engineering fees shall be levied
for such plans and specifications.
A.
Utility easements. The Plan Commission, on the recommendation of
other appropriate agencies of the Village, shall require utility easements
for poles, wires, conduits, storm and sanitary sewers, gas, water
and head mains or other utility lines. It is the interest of this
chapter to protect all established easements so as to assure proper
grade, assure maintenance of the established grade, prohibit construction
of permanent fences or retaining walls over underground installation
and prevent the planting of trees in the easement area.
B.
Drainage easements. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream:
(1)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section; or
(2)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
assured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section;
and
(3)
Wherever possible, it is desirable that drainage be maintained by
an open channel with landscaped banks and adequate width for maximum
potential volume of flow. In all cases, such watercourse shall be
of a minimum width established at the high-water mark or, in the absence
of such specification, not less than 30 feet.
C.
Easement locations. Such easements shall be at least 20 feet wide
and may run across lots or alongside rear lot lines; where easements
are located along lot lines, 1/2 the width shall be taken from each
lot. Such easements should preferably be located along rear lot lines.
Evidence shall be furnished the Village Board that easements and any
easement provisions to be incorporated in the plat or in deeds have
been reviewed by the individual utility companies or the organization
responsible for furnishing the services involved.
A.
Purpose. The requirements of this section 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 the park and recreation
sites and facilities necessary to serve the additional people brought
into the community by land development may be equitably apportioned
on the basis of the additional needs created by the development. The
requirements shall apply to all lands proposed for all residential
development.
B.
Design. In the design of a subdivision, land division, planned unit
development or development project, provision shall be made for suitable
sites of adequate area for schools, parks, playgrounds, open spaces,
drainageways and other public purposes. Such sites as are shown on
the Official Map, Comprehensive Plan or Parks and Open Space Plan,
if applicable, shall be made a part of the design. Consideration shall
be given to the preservation of scenic and historic sites, stands
of trees, marshes, lakes, ponds, streams, watercourses, watersheds
and ravines and woodland, prairie and wetland plant and animal communities.
C.
Dedication of lands for streets and public ways. Whenever a tract of land to be subdivided embraces all or any part of an arterial street, drainageway or other public way which has been designated in the Comprehensive Plan, Comprehensive Plan component, or on the Official Map of the Village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or map and as set forth in § 570-10 of this chapter.
D.
Dedication of lands for playgrounds, parks, public lands.
(1)
The subdivider shall designate on every new preliminary plat an area of land suitable for playground, park or school purposes and shall dedicate said lands to the public at the rate of one acre for each 26 proposed dwelling units, or the Village Board may waive the requirement for dedication of land, except when said dedication involves lands designated in the Comprehensive Plan, Comprehensive Plan component, or on the Official Map of the Village. In lieu of dedication, the Village shall levy a public site fee against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in § 570-18.
(2)
Whenever proposed public lands, other than streets or drainageways, designated in the Comprehensive Plan, Comprehensive Plan component, or on the Official Map of the Village, is embraced, all or 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 by the subdivider at the rate of one acre for each 26 proposed dwelling units; and said proposed public lands, other than streets or drainageways, in excess of the rate established shall be reserved for a period not to exceed two years unless extended by mutual agreement for purchase by the public agency having jurisdiction; or all said proposed public lands, other than streets or drainageways, shall be reserved by the subdivider for a period not to exceed two years unless extended by mutual agreement for acquisition by the Village at undeveloped land costs; and a public site fee shall be levied against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in § 570-18 of this chapter.
(3)
Proposed public lands designated in the Comprehensive Plan, Comprehensive
Plan Component, or on the Official Map of the Village, lying outside
the corporate limits of the Village but within the jurisdictional
area of this chapter, shall be reserved for acquisition by the town
or county at undeveloped land costs.
E.
Development of area.
(1)
When park land is dedicated, the subdivider is required to bring
the dedicated land up to the contours established in the approved
street and utility plans, topsoiled with a minimum of four inches
of quality topsoil, seeded as specified by the Village Board, fertilized
with 16-6-6 fertilizer at the rate of seven pounds per 1,000 square
feet, and mulched as specified in the Standard Specifications for
Road and Bridge Construction Sections 627 and 629. The topsoil
furnished for the park site shall consist of the natural loam, sandy
loam, silt loam, silt clay loam or clay loam humus-bearing soils adapted
to the sustenance of plant life, and such topsoil shall be neither
excessively acid nor excessively alkaline. Fine grading and seeding
must occur within one year following issuance of the first building
permit within that subdivision unless otherwise authorized by the
Village Board.
(2)
It shall be the duty of the Village to maintain the dedicated areas,
and the owner who dedicated said land shall in no way be responsible
for its 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 in other laws of the Village.
A.
Where in the judgment of the Village Board it would be inappropriate
to apply literally the provisions of this chapter because of the proposed
subdivision being located outside of the corporate limits, or because
exceptional or undue hardship would result, the Board may waive or
modify any requirements to the extent deemed just and proper.
B.
The Village Board shall not grant variances or exceptions to the
regulations of this chapter unless it shall make findings based upon
the evidence presented to it in each specific case that:
(1)
The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property or improvements
in the neighborhood in which the property is located;
(2)
The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable, generally, to other property; or
(3)
Because of the particular physical surroundings, shape or topographical
conditions of the specific case involved, a particular hardship to
the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulation were carried out.
C.
Such relief shall be granted by the Village Board without detriment
to the public good and without impairing the intent and purpose of
this chapter or the desirable general development of the community
in accordance with the Comprehensive Plan or Comprehensive Plan component
of the Village. In granting any modification of this chapter, the
reasons shall be entered in the minutes of the Board.[1]
A.
A development plan shall be submitted to the Village Board after
any division of a lot, parcel or tract of land by the owner thereof
or his agent for other than a subdivision where the act of division
creates five or more parcels which are greater than 1 1/2 acres
but less than five acres in size or less or where five or more such
parcels are created by successive division within a period of five
years.
B.
The development plan map and supporting data shall provide such information
as required by the Village, except certain map and data requirements
may be waived by the Village Board for land division which involves
10 lots or less.
C.
A development plan shall include all of the owner's or applicant's
lands which are contiguous and which are bounded by private property
lines, public rights-of-way, navigable streams, lakes, parks or other
watercourses, which serve to define the contiguous area.
D.
Development shall, to the extent reasonably practicable, conform
to the requirements of this chapter and to all other related ordinances
and regulations.
Where it is not practicable to require that a final plat of
a subdivision created by successive divisions be filed in accordance
with this chapter, the Village Board of the Village of Tigerton may,
in lieu thereof, order an assessor's plat to be made under § 70.27,
Wis. Stats., as amended.
A.
Violations. It shall be unlawful to build upon, divide, convey, record
or monument any land in violation of this chapter or the Wisconsin
Statutes, and no person shall be issued a building permit by the Village,
authorizing the building on or improvement of any subdivision, land
division or replat within the jurisdiction of this chapter not of
record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully met. The Village
may institute appropriate action or proceeding to enjoin violations
of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
(2)
Recordation improperly made has penalties provided in § 236.30,
Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties provided in
§ 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as provided for
in § 236.32, Wis. Stats.
(5)
Assessor's plat made under § 70.27, Wis. Stats., may
be ordered by the Village at the expense of the subdivider when a
subdivision is created by successive divisions.
C.
Appeals.
(1)
Administrative determination and the reasons therefor shall be reduced
to writing at the written request of a party who is adversely affected
by an administrative determination, and such information shall be
mailed or delivered to the affected person.
(2)
Decisions on state-defined plats by the Village Board are also subject
to further review in accordance with the provisions of § 236.13(5),
Wis. Stats., as amended.
(3)
Decisions on non-state plats or certified surveys are subject to
review in accordance with the procedures and provisions of Ch. 68,
Wis. Stats., as amended.
(a)
The Village Board shall, upon written request of any person
aggrieved by a determination, reduce the determination and the reasons
therefor to writing in accordance with § 68.07 Wis. Stats.,
as amended.[2]
(b)
The Village Board shall, upon written request of any person
aggrieved by a determination of the Village Board, provide for a review
of that determination at a hearing conducted substantially in compliance
with § 68.11, Wis. Stats., as amended, and in accordance
with the procedures of §§ 68.09 and 68.11, Wis. Stats.,
as amended.[3]
(c)
Any party to a proceeding under Subsection C(3)(b) above may seek judicial review of the determination of the Village Board by a writ of certiorari in accordance with § 68.13, Wis. Stats., as amended.
(d)
Nothing in this section shall preclude the Village or aggrieved
person from employing other methods of resolving disputes, nor is
an aggrieved person precluded from seeking relief from the Village
Board according to § 68.14, Wis. Stats., as amended.
