[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 12-2-1987 as Title 10, Ch. 6, of the 1987 Code. Amendments noted
where applicable.]
A.
Introduction. In accordance with the authority granted by § 236.45
of the Wisconsin Statutes and for the purposes listed in §§ 236.01
and 236.45 of the Wisconsin Statutes, the Village Board of the Village
of Trempealeau 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 insure 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 the 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 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.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
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 Plan Commission created by the Village Board pursuant
to § 62.23 of the Wisconsin Statutes.
A Comprehensive Plan prepared by the Village indicating the
general locations recommended for the various functional classes of
land use, places and structures, and for the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.[1]
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.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds. Said plat must
conform to all state laws.
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.
A lot abutting intersecting streets at their intersection.
A corner lot which is oriented so 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.
The peripheral boundaries of a lot as defined herein.
The width of a parcel of land measured along the front building
line.
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 arterial street.[2]
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
plat of subdivision is presented to the Village for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Village
Board for their consideration as to compliance with the Comprehensive
Development Plan and these regulations along with required supporting
data.
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
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 or less in area,
or where the act of division creates five or more parcels or building
sites by successive division within a period of five years, whether
done by the original owner or a successor owner.
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.[3]
The rules of administrative agencies having rule-making authority
in Wisconsin, published as directed by § 35.93 and Chapter
227 of the Wisconsin Statutes, including subsequent amendments to
those rules.[4]
A.
Compliance. No person shall divide any land located within the jurisdictional
limits of these regulations 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.
(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.
(7)
Giving written notice of the proposed subdivision, land division,
or replat to the Village Clerk-Treasurer not less than 30 days prior
to recording with the Trempealeau County Register of Deeds any document
causing the proposed subdivision, land division, or replat.
B.
Jurisdiction. Jurisdiction of these regulations 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.
A.
Preliminary meetings. Before filing a preliminary plat, or certified
survey, the subdivider is encouraged to consult with the Plan Commission
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 Village infrastructure and facilities. This
consultation is neither formal nor mandatory but is intended to inform
the subdivider of the purpose and objectives of these regulations,
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.
Developer's agreement required:[2]
(1)
The subdivider shall, at the subdivider's cost, prepare and
submit a developer's agreement to the Village outlining the process,
timeline, regulations and all aspects of the development prior to
beginning construction.
(2)
All variables of development must be explained and highlighted in
the developer's agreement. These such variables must complement
the intent and purpose of this ordinance and include all those factors
of a new development as outlined in this ordinance.
(3)
The Plan Commission shall first review the developer's agreement
following a preliminary review from the Village Administrator/Zoning
Administrator. The Plan Commission may request additional items be
written into the developer's agreement and the subdivider shall
resubmit the developer's agreement as such.
(4)
Once the Plan Commission finds the developer's agreement meets
the intent and purpose of this ordinance and finds that the agreement
is in the Village's best interest, the Plan Commission shall
make a favorable recommendation to the Village Board for approval.
Only after the Village Board has approved the developer's agreement
and after all fees related to new development have been paid may the
development proceed.
C.
Subdivider's responsibilities.[3]
(1)
The subdivider shall be responsible for all costs and aspects of
the new development as required and specified by the Village Plan
Commission and Village Board. This includes, but is not limited to:
Village Engineering and engineering reviews, all Village Attorney
fees, all fully developed streets, all sanitary sewers (12 inches
or less), all sanitary facilities, all water mains (12 inches or less),
all stormwater facilities designed to transport, hold and maintain
stormwater runoff, all survey and subdivision costs, all electric
installation as specified by the Village and PSC, all grading, all
sidewalk improvements, all signage, all required landscaping and parklands,
and all other costs not here listed specifically related to the development
of the new subdivision.
(2)
The subdivider shall pay to connect all existing adjacent streets,
sidewalks, dead ends and utilities cohesively into the new subdivision.
(3)
The subdivider shall, install neighborhood parks within each subdivision. The size and the design of each park shall be at the discretion of the Plan Commission, correlated with the density calculation for the subdivision as specified in Subsection C(2) of this section.
(4)
The subdivider shall dedicate all ROW, easements, utilities and utility
features to the Village of Trempealeau only after the Village resolves
to accept the development as final and complete according to Village
specifications.
(5)
The Village of Trempealeau shall not be responsible for any costs
associated with the development or associated with required improvements
around the new development, because of the new development.
D.
Preliminary plat review within the Village.
(1)
Submission. Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and a letter of application. The
subdivider shall submit 10 copies of the preliminary plat. The preliminary
plat shall be prepared in accordance with this chapter, and the application
filed as required by this section with the Village Clerk-Treasurer
at least 30 days prior to the meeting of the Village Board at which
action is desired. The Village Clerk-Treasurer shall submit a copy
of the preliminary plat to the Village Engineer for review and written
report of his recommendations and reactions to the proposed plat.[4]
(2)
Public improvements, plans and specifications. Simultaneously with
the filing of the preliminary plat or map, the owner shall file with
the Village Clerk-Treasurer 10 complete sets of preliminary plans
and specifications for the construction of any public improvements
required by this chapter, specifically addressing sewer and water
service feasibility, drainage and stormwater facilities and compliance,
traffic patterns, typical street cross sections, erosion control plans,
pavement design and other improvements necessary in the subdivision.[5]
(3)
Property owners' association. The Village Board may require submission
of a draft of the legal instruments and rules for proposed property
owners' associations when the subdivider proposes that common property
within a subdivision would be either owned or maintained by such an
organization of property owners.
(4)
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.
(5)
Supplementary data to be filed with preliminary plat. The following
shall also be filed with the preliminary plat:
(a)
A statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units; types of business
or industry so as to reveal the effect of the development on traffic,
fire hazards and congestion of population.
(b)
If any zoning changes are contemplated, the proposed zoning
plan for the areas, including dimensions.
(c)
Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Village Board may require
that the subdivider submit a preliminary plat of the remainder of
the property so as to show the possible relationships between the
proposed subdivision and future subdivision. In any event, all subdivisions
must be shown to relate well with existing or potential adjacent subdivisions.
(7)
Drafting standards. The subdivider shall submit to the Village Clerk-Treasurer
and to those agencies having the authority to object to plats under
provisions in Chapter 236 of the Wisconsin Statutes copies of a preliminary
plat (or certified survey) based upon an accurate exterior boundary
survey by a registered land surveyor which shall show clearly the
proposed subdivision at a scale of not more than one inch per 100
feet having two-foot contour intervals, shall identify the improvements
(grading, tree planting, paving, installation of facilities and dedications
of land), easements which the subdivider proposes to make and shall
indicate by accompanying letter when the improvements will be provided.
Any proposed restrictive covenants for the land involved shall be
submitted.
E.
Preliminary plat approval within the Village.
(1)
The Village Board shall, within 90 days of the date the preliminary
plat was filed with the Village Clerk-Treasurer, approve, approve
conditionally or reject such plat and shall state, in writing, any
conditions of approval or reasons for rejection, unless the time is
extended by agreement by the subdivider. Failure of the Village Board
to act within 90 days or extension thereof shall constitute an approval
of the preliminary plat, unless other authorized agencies object to
the plat. The Village Clerk-Treasurer shall communicate to the subdivider
the action of the Village Board. If the plat or map is approved, the
Village Clerk-Treasurer shall endorse it for the Village Board.[8]
(2)
Approval or conditional approval of a preliminary plat shall not
constitute automatic approval of the final plat, except that if the
final plat is submitted within 36 months of preliminary plat approval
and conforms substantially to the preliminary plat layout as indicated
in § 236.11(1)(b) of the Wisconsin Statutes, the final plat
shall be entitled to approval with respect to such layout. The preliminary
plat shall be deemed an expression of approval or conditional approval
of the layout submitted as a guide to the preparation of the final
plat which will be subject to further consideration by the Village
Board at the time of its submission.[9]
(3)
Should the subdivider desire to amend the preliminary plat as approved,
he may resubmit the amended plat which shall follow the same procedure,
except for the hearing and fee, unless the amendment is, in the opinion
of the Village Board, of such scope as to constitute a new plat, in
which such case it shall be refiled.
F.
Final plat review.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file 10 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.
The owner or subdivider shall file 10 copies of the final plat not
later than 36 months after the date of approval of the preliminary
plat; otherwise, the preliminary plat and final plat will be considered
void unless an extension is requested in writing by the subdivider
and for good cause granted by the Village. The owner or subdivider
shall also submit at this time a current certified abstract of title
or registered property report and such other evidence as the Village
Attorney may require showing title or control in the applicant. A
written transmittal letter shall identify all substantial changes
that have been made to the plat since the preliminary plat.[10]
(3)
The final plat shall conform to the preliminary plat as approved
and to the requirements of all applicable ordinances and state laws
and shall be submitted for certification of those agencies having
the authority to object to the plat as provided by § 236.12(2).
(4)
Simultaneously with the filing of the final plat or map, the owner
shall file with the Village Clerk-Treasurer 10 copies of the final
plans and specifications of public improvements required by this chapter.[12]
(5)
The Village Clerk-Treasurer shall refer two copies of the final plat
to the Village Board, one copy to the Engineer, and a copy each to
the telephone and power and other utility companies. The abstract
of title or registered property report shall be referred to the attorney
for his examination and report. The Village Clerk-Treasurer shall
also refer the final plans and specifications of public improvements
to the Village Engineer for review. The recommendations of the Village
Engineer shall be made within 30 days of the filing of the final plat.
The Village Engineer shall examine the plat or map and final plans
and specifications of public improvements for technical details and,
if he finds them satisfactory, shall so certify in writing to the
Village Board. If the plat or map or the plans and specifications
are not satisfactory, the Village Engineer shall return them to the
owner and so advise the Village Board.
(6)
The Village Board shall examine the final plat as to its conformance
with the approved preliminary plat, any conditions of approval of
the preliminary plat, this chapter and all ordinances, rules, regulations,
Comprehensive Plans and Comprehensive Plan components which may affect
it.
G.
Partial platting. 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 the time.
H.
Final plat approval.
(1)
The 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, it shall be deemed
to have no objection to the plat.[13]
(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 have been filed within the time frame prescribed in Subsection H(1) or, if filed, have been met.[15]
(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)
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 plat is offered for record
within 12 months after the date of the last approval of the plat and
within 36 months after the first approval.[16]
(6)
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.
I.
Engineering fee. The subdivider shall pay a fee equal to the actual
cost to the Village for all engineering work incurred by the Village
in connection with the plat or certified survey map.
J.
Administrative fee. The subdivider shall pay a fee equal to the cost
of any legal, administrative or fiscal work which may be undertaken
by the Village in connection with the plat or certified survey map.
A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a land surveyor and the plat prepared
on 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]
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of the 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 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 U.S. 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 communication 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 elevations.
(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 boundaries of the plat and extending
to the center line of adjacent public streets to National Map Accuracy
Standards based upon the National Geodetic Vertical Datum of 1929
(NGVD 29) or the North American Vertical Datum of 1988 (NAVD 88) 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 NGVD 29 or NAVD 88 and the monumentation
of the bench marks clearly and completely described.
[Amended 1-4-2016 by Ord.
No. 1-2016]
(10)
Ordinary high-water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the plat or
located within 100 feet therefrom.
[Amended 1-4-2016 by Ord.
No. 1-2016]
(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.[2]
[2]
Editor's Note: Original Section 10-6-5(b)(13), (14), and (15),
which immediately followed this subsection, were repealed 1-4-2016
by Ord. No. 1-2016.
(13)
Location, width and names of all proposed streets and public
rights-of-way such as alleys and easements.
(14)
Approximate dimensions of all lots together with proposed lot
and block numbers.
(15)
Location and approximate dimensions of any sites to be reserved
or dedicated for 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.
(16)
Approximate radii of all curves.
(17)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
(18)
Any proposed lake and stream improvement or relocation, and
notice of application for approval by the Department of Natural Resources,
when applicable.
[Amended 1-4-2016 by Ord.
No. 1-2016]
(19)
Where the Village 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.
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 of the Wisconsin Statutes. The subdivider, or person wishing
to replat, shall then proceed using the procedures for preliminary
and final plats.
[Amended 1-4-2016 by Ord.
No. 1-2016]
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.
[Amended 1-4-2016 by Ord.
No. 1-2016; 5-4-2017 by Ord. No. 4-2017]
When it is proposed to combine or divide land or building sites,
any one of which is less than five acres, or when it is proposed to
divide a block, combine a lot or outlot into not more than four parcels
or building sites within a recorded subdivision plat without changing
the exterior boundaries of the block, lot or outlot, the subdivider
shall combine or subdivide by use of a certified survey map, prepared
in accordance with § 236.34, Wis. Stats.
A.
Submission. The subdivider may consult with the Village Board regarding
the requirements for minor subdivisional certified surveys before
submission of the final map. Following consultation, a copy of the
final map in the form of a certified survey map shall be submitted
to the Village.
B.
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.
C.
Certified survey map. The following procedures shall be followed
with certified surveys:
(1)
Pursuant to this section, the subdivider shall cause a certified survey map to be prepared in accordance with § 512-9 of this chapter and submit 10 copies 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 Village 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.
(2)
The subdivider shall record the map with the applicable county register
of deeds within six months after the date of the last approval of
the map by the Village Board and any other approving agencies and
within 24 months after the first approval of the map. Failure to do
so shall necessitate reapproval of the map by the Village Board.
D.
Requirements. To the extent reasonably practicable, the certified
survey/minor subdivision plat shall comply with the provisions of
this chapter relating to general requirements, design standards and
required improvements. Conveyance by metes and bounds shall be prohibited
where the lot(s) involved is less than 1 1/2 acres or 300 feet
in width.
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, except in the case of a mobile/manufactured home park or subdivision, where the requirements of this Chapter 512 are different from the requirements of Ch. 236, Wis. Stats., the more restrictive provision shall apply.
[Amended 2-1-2018 by Ord. No.
2-2018]
B.
Dedication. The subdivider shall dedicate land and improve streets
as provided in this chapter. 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 Comprehensive Plan. The arrangement, character, extent,
width, grade and location of all streets shall conform to the Village's
Comprehensive Development Plan and to this chapter and shall be considered
in their relation to existing and planned streets, to reasonable circulation
of traffic, to topographical conditions, to runoff of stormwater,
to public convenience and safety, and in their appropriate relation
to the proposed uses of the land to be served by such streets. The
arrangement of streets in new subdivisions shall make provision for
the appropriate continuation at the same width of the existing streets
in adjoining areas.
E.
Areas not covered by Official Map. In areas not covered by the Comprehensive
Plan, the layout of streets shall conform to the plan for the 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 classifications. Streets shall be classified as indicated
below:
(1)
Arterial streets. Arterial streets shall be arranged to provide through
traffic for a heavy volume of vehicles.
(2)
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 arterial 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 arterial streets into which they feed.
[Amended 1-4-2016 by Ord.
No. 1-2016]
(3)
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.
(4)
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.
(5)
Reserve strips. Reserve strips shall not be provided on any plat
to control access to streets or alleys, except where control of such
strips is placed with the Village under conditions approved by the
Village Board.
(6)
Alleys. Alleys may be provided in commercial and industrial districts
for off-street loading and service access, but shall not be approved
in non-multiple-family residential districts. Dead-end alleys shall
not be approved and alleys shall not connect to a major thoroughfare.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village of Trempealeau 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 arterial streets shall be reduced to the practical minimum consistent
with circulation needs and safety requirements.
[Amended 1-4-2016 by Ord.
No. 1-2016]
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 arterial street or highway, adequate
protection of residential properties, limitation of access and separation
of through and local traffic shall be provided by reverse frontage,
with screen planting contained in a nonaccess reservation along the
rear property line, or by the use of frontage streets.
[Amended 1-4-2016 by Ord.
No. 1-2016]
M.
Private streets. Private streets shall not be approved, nor shall
public improvements be approved for any private street; all streets
shall be dedicated for public use.
N.
Visibility. Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
O.
Tangents. A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets.
P.
Width of
street rights-of-way. The minimum width of the right-of-way of any
Village street proposed to be platted in any subdivision or any certified
survey map shall be as follows:
[Added 1-4-2016 by Ord.
No. 1-2016]
(1)
Arterial
street: 100 feet.
(2)
Collector
street: 66 feet.
(3)
Local street: 60 feet, unless the local street is located within
a mobile/manufactured home park or subdivision, If a local street
is located within a mobile/manufactured home park or subdivision,
the minimum width of the right-of-way of the local street shall be
50 feet.
[Amended 2-1-2018 by Ord. No.
2-2018]
(4)
Alleys:
24 feet.
Q.
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)
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.
[Amended 1-4-2016 by Ord.
No. 1-2016]
R.
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:
S.
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.
T.
Half streets. Where a half street is adjacent to the subdivision,
the other half street shall be dedicated by the subdivider if the
original half street is located so as to be consistent with the street
standards in this chapter and the Comprehensive Development Plan.
New half streets shall not be proposed in a subdivision plat or certified
survey map.
[Amended 1-4-2016 by Ord.
No. 1-2016]
U.
Intersections.
(1)
Property lines at street intersections of major thoroughfares shall
be rounded with a radius of 15 feet or of a greater radius where the
Village Board considers it necessary.
(2)
Provisions of Chapter 520, Zoning, with respect to traffic visibility at street intersections shall also apply here.
(3)
Streets shall intersect each other at nearly right angles as topography
and other limiting factors of good design permit. The center lines
of street intersections shall not be closer than 150 feet, and this
distance applies to the space between intersections on the same side
and opposite sides of the street.
[Amended 1-4-2016 by Ord.
No. 1-2016]
(4)
Number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
V.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial districts,
except that the Village Board may waive this requirement where other
definite and assured provisions are made for service access, such
as off-street loading and parking, consistent with and adequate for
the uses proposed. No alleys shall connect with a major thoroughfare.
Alleys in residential areas other than those zoned for multiple-family
use shall not be permitted. The width of alleys shall be no less than
24 feet.
(2)
Dead-end alleys are prohibited.
W.
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 coordinated with the emergency 9-1-1 service agency serving
the Village. Street names shall be subject to approval by the Village
Board.[2]
X.
Street design standards.
(1)
Standards. The minimum right-of-way and roadway width of all proposed
streets and alleys shall be as specified in "Minimum Roadway Design
Standards," standards adopted by the Village Board and available from
the Village Clerk-Treasurer.
(2)
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.
(3)
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 60 feet and a minimum inside
curb radius of 40 feet.
Y.
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)
Residential 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 lots
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."[3]
(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 arterial 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]
(4)
Minor streets. 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.
A.
Length; arrangement. 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 1,200 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 500 feet in length. Blocks shall be so designated
as to provide two tiers of lots, unless it adjoins a railroad, major
thoroughfare, river or park where it may have a single tier of lots.
B.
Pedestrian pathways. Pedestrian pathways, not less than five feet
wide, may 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. Width of the pathway shall be determined
by the Village based on the intended use of the pathway during the
preliminary plat review.[1]
C.
Trees. The Village Board may require that certain species of trees
be planted on both sides of all streets. Street trees when planted
shall not be less than 60 feet apart with a minimum of one per lot.
They should preferably be placed six feet to 20 feet inside the property
line rather than in the boulevard. The minimum size and type to be
planted shall conform to the provisions of applicable ordinances.
A.
Size, shape and orientation of lots shall be appropriate for the location of topography of the subdivision and for the type of development contemplated, provided that no lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 520, Zoning.
B.
Lot dimensions and setbacks shall conform to the requirements of Chapter 520, Zoning, for the appropriate district in which the property is located.
C.
Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 520, Zoning.
E.
Corner lots for residential use shall have extra width to permit building setback from both streets, as required by Chapter 520, Zoning.
F.
Every lot shall abut or face a public street. Lots outside the corporate
limits may abut or face a private street, if permitted by the Village
Board.
G.
Butt lots will be permitted by the Village Board only in exceptional
cases. Permitted butt lots shall be platted at least five feet wider
than the average width of interior lots in the block.
H.
Side lot lines shall be substantially at right angles to or radial
to abutting street lines.
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 520, 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.
In the subdividing of any land, regard shall be shown for all natural
features, such as tree growth, watercourses, historic spots or similar
conditions which, if preserved, will add attractiveness and stability
to the proposed development. Natural drainage areas and their immediate
boundary zones shall not be developed, and natural flows of stormwaters
shall not be interfered with as a result of platting.[2]
L.
All remnants of lots below minimum size left over after subdividing
of a larger tract must be added to adjacent lots, or a plan shown
as to future use rather than allowed to remain as unusable parcels.
M.
In the case where a proposed plat is adjacent to a limited access
highway, other major highway or thoroughfare, there shall be no direct
vehicular access from individual lots to such streets and roads.
In the platting of small tracts of land fronting on limited access
highways or thoroughfares where there is no other alternative, a temporary
entrance may be granted subject to Wisconsin Department of Transportation
requirements, if such limited access highway is a state highway. As
neighboring land becomes subdivided and more preferable access arrangements
become possible, such temporary access permits shall become void and
removed by the subdivider.[3]
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.
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:
(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.
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.
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 of the
Village to provide for the 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.
Future-capacity 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.
The Village reserves the right to assess this future-capacity improvement
cost to the land owners and/or developers of the adjacent lands which
would be benefitted in the future by the future-capacity improvements
utility.[1]
C.
Off-site extensions. When streets or utilities are not available
at the boundary of the proposed subdivision, the Village, or its duly
authorized representative, shall require, as a prerequisite to approval
of a final plat, assurances that such improvement extensions shall
be provided as follows:
(1)
Extensions of utilities onto the property involved shall be adequate
to serve the 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, find 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 subdivides 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. If adjacent easements or rights-of-way
cannot be secured, then the proposed development must be redesigned
or deferred until the necessary off-site extensions are assured of
being constructed.[2]
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 according to Village standards and subject to approval
by the Village's engineer. 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. The cost of any excess capacity of such
lift stations, force mains and gravity mains may be assessed to any
other properties benefiting from such improvements through a deferred
assessment or hookup charge.[3]
A.
General.
(1)
If a proposed subdivision includes land that is zoned for commercial
or industrial purposes, the platting and servicing of the subdivision
shall be determined in the preliminary platting process as required
by this chapter, and shall be based upon close coordination with the
needs and development plans of the subdivider and any known commercial
or industrial parties with an interest in the proposed subdivision.[1]
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 520, Zoning. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Village and shall conform to the proposed land use standards established by the Comprehensive Plan, Official Map and Chapter 520, Zoning.
B.
Standards. In addition to the principles and standards in these regulations,
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 strips 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.
General requirements. The following required improvements shall be
installed in accordance with the engineering standards and specifications
which have been adopted by the Village Board and filed with the Village
Clerk-Treasurer. Where standards and specifications have not been
adopted, the improvements shall be made in accordance with good engineering
practices.
B.
Guarantee for installation of required improvements.
(1)
Payment for installation of improvements. The required improvements
to be furnished and installed by the subdivider, which are listed
and described in this chapter, are to be furnished and installed at
the sole expense of the subdivider; provided, however, that in the
case of an improvement, the cost of which would by general policy
be assessed only in part to the improved property and the remaining
cost paid out of general tax levy, provision may be made for payment
of a portion of the cost by the subdivider and the remaining portion
of the cost by the Village. If any improvement installed within the
subdivision will be of substantial benefit to land beyond the boundaries
of the subdivision, provision may be made for causing a portion of
the cost of the improvement, representing the benefit to such land,
to be assessed against the same, and in such case, the subdivider
will be required only to pay for such portion of the whole cost of
said improvement as will represent the benefit to the property within
the subdivision. Notwithstanding anything contained herein to the
contrary, and in accordance with the Village's exercise of its
police powers under Wisconsin law, as a complete alternative to any
other method of financing, the Village Board may provide, by resolution,
that the costs of any improvements required by this chapter be paid
by levying special assessments against the lots within the subdivision
and against other property benefitted by the improvements pursuant
to the authority granted by Wis. Stats. § 66.0701.
[Amended by Ord. No. 3-97]
(2)
Required agreement providing for property installation of improvements.
[Amended by Ord. No. 3-97[1]]
(a)
Prior to installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a written contract with the Village requiring the subdivider to furnish and construct said improvements at his sole cost and in accordance with plans and specifications and usual contract conditions, which shall include provision of supervision of details of construction by the Village Engineer and grant to the Engineer authority to coordinate and observe the work to be done under said contract by any subcontractors authorized to proceed thereunder and with any other work being done or contracted by the Village in the vicinity. Pursuant to the authority granted in Subsection B(1), and if the Village Board so elects, the agreement required by this section may provide that the cost of the improvements will be paid by special assessment.
(b)
The agreement shall require the subdivider to make an escrow
deposit, or in lieu thereof, to furnish a performance bond, the amount
of the deposit and the penal amount of the bond to be equal to 1 1/4
times the Engineer's estimate of the total cost of the improvements
to be furnished under the contract, including the cost of construction
inspection.
(c)
On request of the subdivider, and subject to approval by the
Village Board, the contract may provide for completion of part or
all of the improvements covered thereby prior to acceptance of the
plat, and in such event, the amount of the deposit or bond shall be
reduced in a sum equal to the estimated cost of the improvements so
completed prior to acceptance of the plat only. If the required improvements
are not completed within the specified period, all amounts held under
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.
(d)
The time for completion of the work and the several parts thereof
shall be determined by the Village Board upon recommendation of the
Engineer after consultation with the subdivider.
(e)
The subdivider shall pay the Village for all costs incurred
by the Village for review and inspection of the subdivision. This
would include preparation and review of plans and specifications by
the Engineer, Attorney or others, as well as other direct costs incurred
in delivering such services.
(f)
The Village may refuse to accept any public improvement which is
the responsibility of the subdivider for installation for Village
ownership, jurisdiction or maintenance if the improvement is not satisfactorily
located and constructed in accordance with this chapter, or which is recommended
for nonacceptance by the Village's engineer. The Village's approval
of the final plat does not constitute final acceptance by the Village
of any improvement to be constructed or installed after the final
plat is approved by the Village and that is subject to a written agreement
between the Village and the subdivider.
(g)
The subdivider shall warrant the design, material and workmanship
of such improvements and their installation and/or construction for
a period of four years from and after acceptance by the Village.
C.
Procedure.
(1)
Construction plans and specifications. Construction plans for the
required improvements conforming in all respects with the standards
of the Village Engineer and the ordinances of the Village shall be
prepared at the subdivider's expense by a professional engineer
who is registered in the State of Wisconsin, and said plans shall
contain his seal. Such plans, together with the quantities of construction
items, shall be submitted to the Village Engineer for his approval
and for his estimate of the total cost of the required improvements;
upon approval, they shall become a part of the contract required.
Simultaneously with the filing of the preliminary plat with the Village
Clerk-Treasurer or as soon thereafter as practicable, copies of the
construction plans and specifications shall be furnished for the following
public improvements:
(a)
Street plans and profiles showing existing and proposed grades,
elevations and cross sections of required improvements.
(b)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(c)
Storm sewer and open channel plans and profiles showing the
locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(d)
Water main plans and profiles showing the locations, sizes,
elevations and materials of required facilities.
(e)
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.
(f)
Planting plans showing the locations, age, caliper, species
and time of planting of any required grasses, vines, shrubs and trees.
(g)
Additional special plans or information as required by Village
officials.
(2)
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this Code and other pertinent Village design
standards recommended by the Village Engineer and approved by the
Village Board. If he rejects the plans and specifications, he shall
notify the owner, who shall modify the plans or specifications or
both accordingly. When the plans and specifications are corrected,
the Village Engineer shall approve the plans and specifications for
transmittal to the Village Board. The Village Board shall approve
the plans and specifications before the improvements are installed.
(3)
Construction and inspection.
(a)
Prior to starting any of the work covered by the plans approved
above, written authorization to start the work shall be obtained from
the Village Engineer upon receipt of all necessary permits and in
accordance with the construction methods of this chapter.
(b)
Construction of all improvements required by this chapter shall
be completed within two years from the date of approval of the preliminary
plat by the Village Board, unless good cause can be shown for the
Village Board to grant an extension.
(c)
During the course of construction, the Village Engineer shall
make such inspections as he deems necessary to insure compliance with
the plans and specifications as approved. The owner shall pay the
actual cost incurred by the Village for such inspections. This fee
shall be the actual cost to the Village of inspectors, engineers and
other parties necessary to insure satisfactory work.
(4)
"As-built" plans. After completion of all public improvements and
prior to final acceptance of said improvements, the subdivider shall
make or cause to be made a map showing the actual location of all
valves, manholes, stubs, sewers and water mains and such other facilities
as the Village Engineer shall require. This map shall be in black
pencil on tracing paper and shall bear the signature and seal of a
professional engineer registered in Wisconsin. The presentation of
the map shall be a condition of final acceptance of the improvements
and release of the surety bond assuring their completion.
D.
Street, alley and sidewalk improvements. The developer shall construct
streets and sidewalks as outlined on the approved plans based on the
requirements of this Code:
(1)
Grading. With the submittal of the final plat, the subdivider shall
furnish drawings which indicate the existing and proposed grades of
streets and alleys shown on the plat. Proposed grades will be reviewed
by the Village Engineer for conformance with Village standards and
good engineering practice. Street grades require the approved of the
Village Board after receipt of the Village Engineer's recommendations.
After approval of the street grades, the subdivider shall grade the
full width of the right-of-way of the streets and alleys proposed
to be dedicated, including the vision clearance triangle on corner
lots. In cases where an existing street right-of-way is made a part
of the plat or abuts the plat, the subdivider shall grade that portion
of the right-of-way between the existing pavement and the property
line. The bed for the roadways in the street rights-of-way shall be
graded to subgrade elevation. The Village Engineer shall approve all
grading within rights-of-way and said grading shall extend for a sufficient
distance beyond the right-of-way to insure that the established grade
will be preserved. Where electric and other communications or utilities
facilities are to be installed underground, the utility easements
shall be graded to within six inches of the final grade by the subdivider
prior to the installation of such facilities; earth-fill piles or
mounds of dirt or construction materials shall not be stored on such
easement areas.
(2)
Street and sidewalk construction.
(a)
After sanitary sewer, storm sewer and water utilities have been
installed, the Village Board may require the subdivider to construct
and dedicate as part of the subdivision, streets, curbs and gutters
and sidewalks, including those adjacent to platted lots in existing
street right-of-way abutting the plat. The subdivider shall surface
roadways to the widths prescribed by the Village Board on recommendation
of the Village Engineer. Construction shall be to Village standard
specifications for street improvements.
(b)
The Village Board shall have the option of not requiring the
construction of sidewalks within street rights-of-way in cases where
it determines, after consultation with the Village Engineer, that
sidewalks are not necessary because of low-density land use and low
pedestrian volumes or for access to schools and bus routes or for
continuity of existing sidewalk or bicycle route systems or because
of a cul-de-sac or loop street pattern. Consideration shall also be
given to the pattern of development of adjoining lands and to the
possibility of damage to trees.
(c)
Dedicated walkways shall be improved by the subdivider to a
grade and width approved by the Village Engineer and with surfacing
as required by the Village Board based on the location and the amount
and character of use. The subdivider shall submit standard drawings
indicating the existing and proposed grades.
(3)
Completion of street and sidewalk construction.
(a)
Prior to any building permits being issued on lands adjacent
to streets and/or sidewalks, all street and sidewalk construction
shall be completed by the subdivider, approved by the Village Engineer
and accepted by the Village Board.
(b)
The Village Board may issue a waiver of these requirements in
unusual or special circumstances such as excessively severe weather
conditions, heavy construction temporarily in area or construction
material shortages (i.e., cement, asphalt). The issuance of a waiver
shall be at the discretion of the Village Board and shall be based
upon the written request of the subdivider.[2]
(c)
The subdivider requesting a waiver shall present such information
and documentation required by the Village Board. The waiver shall
be in written form and shall detail which improvement requirements
are temporarily waived and for what period of time.
(4)
Curb and gutter. After the installation of all utility and stormwater
drainage improvements, the subdivider shall construct concrete curbs
and gutters in accordance with plans and standard specifications approved
by the Village Board or its designee. Wherever possible, provision
shall be made at the time of construction for driveway access curb
cuts.
E.
Sanitary sewerage system design standards. There shall be provided
a sanitary sewerage system in conformity with the master plan of sewers
as approved by the Village Board and/or sewerage district. The subdivider
shall install adequate sanitary sewer facilities and connect them
to sewer mains subject to specifications and inspection of the Village
Engineer. The subdivider shall pay all the costs of all sanitary sewer
work including the bringing of the sanitary sewer from where it exists
to the subdivision in question, as well as providing all sanitary
sewer work within the subdivision. The cost of providing and installing
sewer pipe of sizes larger or at a greater depth than required to
serve the area shall be borne by the Village, as agreed upon between
the landowner and the Village Board prior to approval of the preliminary
plat or certified survey map, pursuant to this chapter. The size,
type and installation of all sanitary sewers proposed to be constructed
shall be in accordance with plans and standard specifications approved
by the Village. Each lot in a subdivision shall be individually connected
to the public sewer main; no joint connections or "T" connections
are permitted.[3]
F.
Water supply system design standards. There shall be provided a water
supply system in conformity with the master plan of the water system
as approved by the Village Board. The subdivider shall construct water
mains in such a manner as to make adequate water service available
to each lot within the subdivision. Water laterals shall be constructed
from the main to the street lot line of each lot and terminated with
a shutoff valve. The size, type and installation of all public water
mains proposed to be constructed shall be in accordance with plans
and standard specifications approved by the Village. The cost of water
line over eight inches in diameter which is required to serve adjacent
land shall be paid for by the Village, with such extra cost to be
assessed to the benefitting properties.[4]
G.
Stormwater drainage facilities. Pursuant to § 512-11, the subdivider shall provide stormwater drainage facilities which may include curb and gutter, catch basins and inlets, storm sewers, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate the twenty-five year storm. Storm drainage facilities shall be so designed as 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 specifications approved by the Village Engineer. The subdivider shall pay all costs of all storm sewer work, except that the subdivider shall not be required to pay for any storm sewers that are required to bring the storm sewers to the subdivision.[5]
H.
Other utilities. The subdividers shall cause facilities to be installed
at a minimum depth of 18 inches below grade and shall cause gas, electrical
power, cable 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, cable 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. Plans indicating
the proposed location of all gas, electrical power and telephone distribution
and transmission lines required to service the plat shall be included
in the preliminary plat and be approved by the Village Board, and
such map shall be filed with the Village Clerk-Treasurer.[6]
I.
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.
J.
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.
K.
Material standards. All improvements constructed under this chapter
shall be of the standards, where applicable, established by the State
Highway Commission's "Standard Specifications for Roads and Bridges."
Where the Highway Commission's specifications do not apply, the
standards shall be as approved by the Village Engineer.
L.
Improvements complete prior to approval of final plat. Improvements
within a subdivision which have been completed prior to application
for approval of the final plat or execution of the contract for installation
of the required improvements shall be accepted as equivalent improvements
in compliance with the requirements only if the Village Engineer shall
certify that he is satisfied that the existing improvements conform
to applicable standards. Any improvements not constructed according
to the required standards shall be reconstructed by the subdivider
according to such standards, or the Village at its discretion may
construct such improvements from the proceeds of the performance bond
or escrow deposit submitted by the subdivider according to the provisions
of this chapter.[7]
A.
Utility easements. The Village Board, on the recommendation of appropriate
agencies of the Village, shall require utility easements for poles,
wire, conduits, storm and sanitary sewers, gas, water and head mains,
telecommunications or other utility lines. It is the intent 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.[1]
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.
(3)
Wherever possible, it is desirable that drainage be maintained by
an open channel with landscaped banks and adequate width for maximum
potential volume flow. In all cases, such watercourse shall be of
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 15 feet wide
and may run across lots or alongside of rear lot lines. 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.[2]
A.
Purpose. The requirements of this section are established to insure
that adequate parks, open spaces and sites for other public uses are
properly located and preserved as the Village grows. It has been established
to insure 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 Development Plan or Parks and Open
Space Plan 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.[1]
C.
Dedication of lands for streets and public ways. Whenever a tract
of land to be divided, subdivided, or replatted 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 person
causing the land division, subdivision, or replat in the locations
and dimensions indicated on said plan or map and as set forth in this
chapter.
D.
Dedication of lands for playgrounds, parks, public lands. The person causing the land division, subdivision, or replat shall designate on every new preliminary plat or certified survey map 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 25 proposed dwelling units, or if less than 25 dwelling units are proposed, a prorated share of one acre based on the number of dwelling units proposed, 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 person causing the land division, subdivision, or replat at the time of application or at the time of recording the certified survey map, whichever occurs first, for final plat approval at the rate and according to the procedures established in Subsection E.
E.
Fee in lieu of dedication.
(1)
Where, in the discretion of the Village, there is no land suitable
for parks within the proposed land division, subdivision, or replat
or the dedication of land would not be compatible with the Village's
comprehensive development plan or Village officials determine that
a cash contribution would better serve the public interest, the Village
Board may require that the person causing the land division, subdivision,
or replat pay a fee in lieu of making the required land dedication.
(2)
Where a fee-in-lieu-of-land system is used, the person causing the land division, subdivision, or replat shall pay to the Village a fee equivalent to $400 for each proposed dwelling unit, as that term is defined in § 520-135 of the Village of Trempealeau Code, at the time the person applies for a plat or replat, records a certified survey map, or records any other document causing the land division, whichever occurs first.
(3)
The Village Board may require that the person causing the land division,
subdivision, or replat satisfy the requirements by combining land
dedication with fee payments. The fee, in such cases, shall be determined
by subtracting the fair market value of the dedicated land from the
total fee which would have been imposed had no land been dedicated
by the person causing the land division, subdivision, or replat. The
fair market value shall be determined by the Village Assessor.
F.
Development of area.
(1)
When park land is dedicated, the person causing the land division,
subdivision, or replat 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 Village officials, fertilized with a 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, silty 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 land division, subdivision,
or platted area 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 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 Village Board may
waive or modify any requirements to the extent deemed just and proper
but still consistent with the health, safety and general welfare.
Application for any such variance shall be made in writing by the
subdivider at the time when the preliminary plat is filed for consideration,
stating fully all facts relied upon by the subdivider, and shall be
supplemented with maps, plans or other additional data which may aid
the Village Board in the analysis of the proposed variance within
the context of the total project. The plans for such development shall
include such covenants, restrictions or other legal provisions necessary
to guarantee the full compliance with any variance.[1]
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:[2]
(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;
(3)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out;
(4)
That
the hardship or unusual circumstance is not self-created by the subdivider;
(5)
That
the variance will not result in immediate or future cost to the Village
or exposure of the Village to liability resulting from granting of
the requested variance.
C.
Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the community in accordance with the Comprehensive Plan or Chapter 520, Zoning. A majority vote of the entire membership of the Village Board shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Board.
D.
The Village Board may waive the placing of monuments, required under
§ 236.15(b), (c) and (d), Wis. Stats., for a reasonable
time on condition that the subdivider execute a surety bond to insure
the placing of such monuments within the time required.
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 with the jurisdiction of this chapter not of record
as of the effective date of this Code until the provisions and requirements
of this chapter have been fully met. The Village may institute appropriate
action or proceedings 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 for
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 of the Wisconsin
Statutes may be ordered by the Village at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Appeals. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10 to 15 of the Wisconsin Statutes, within 30 days
of notification of the rejection of the plat. Where failure to approve
is based on an unsatisfied objection, the agency making the objection
shall be made a party to the action. The court shall direct that the
plat be approved if it finds that the action of the approving or objecting
agency is arbitrary, unreasonable or discriminatory.
