Before final approval of any plat or certified survey map located
within the jurisdictional limits of this chapter, the subdivider shall
install street, utility and other public improvements as provided
below. In addition:
A. Contract approvals. Contracts and contract specifications for the
construction of street and utility improvements on dedicated street
rights-of-way, as well as the contractors and subcontractors who are
to be engaged in the construction of street and utility improvements
on dedicated street rights-of-way, shall be subject to review and
approval of the City Engineer and approval of the City.
B. Governmental units. Governmental units to which these bonds and contract
provisions apply may file, in lieu of such contract and bond, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section.
C. Survey monuments. Before final approval of any plat within the corporate
limits of the City or its extraterritorial jurisdictional limits,
the subdivider shall install survey monuments placed in accordance
with § 236.15, Wis. Stats., and as may be required by the
City Engineer.
D. Plats outside the corporate limits. Before final approval by the
City of any plat or certified survey map located outside the corporate
limits of the City, but within the plat approval jurisdiction of the
City, the subdivider shall give evidence that he has complied with
all street and utility improvements of the town in which the land
being platted is located.
E. Advance reimbursement. The subdivider shall pay the City in advance
of signing the subdivider's agreement for all fees, expenses and disbursements
which are incurred by the City and reimburse the City, without limitation
by reason of enumeration, for design, engineering, preparation, checking
and review of designs, plans and specifications; supervision and inspection
to ensure that construction is in compliance with applicable plans,
specifications, regulations and ordinances; and legal, administrative
and fiscal work undertaken to assure and implement such compliance.
No land shall be subdivided as a plat or certified survey map
which is determined to be unsuitable for such use by the Plan Commission,
upon the recommendation of the City Engineer or any other agency as
determined by the Plan Commission, for reason of flooding, inadequate
drainage, adverse soil or rock formations with severe limitations
for development, severe erosion potential, unfavorable topography,
inadequate water supply or sewage disposal capabilities or any other
feature likely to be harmful to the health, safety or welfare of future
residents of the proposed subdivision or the City. In addition:
A. Floodlands.
(1) No lot served by public sanitary sewerage facilities shall have less
than its required lot area, as specified in the zoning district regulations,
below the elevation of the one-hundred-year recurrence interval flood,
or, where such data is not available, the elevation shall be determined
by a registered professional engineer and the sealed documents shall
be approved by the City Engineer.
(2) For planned development projects served by public sanitary sewerage
facilities, no lot shall have less than the average lot area, as specified
by the Plan Commission, below the elevation of the one-hundred-year
recurrence interval flood, or, where such data is not available, the
elevation shall be determined by a registered professional engineer
and the sealed documents shall be approved by the City Engineer.
(3) No lot of one acre or less in area served by an on-site sanitary
sewage disposal (septic tank or mound) system shall include floodlands.
All lots more than one acre in area served by a septic tank system
or mound system shall contain not less than 40,000 square feet of
land which is at an elevation above the elevation of the one-hundred-year
recurrence interval flood, or, where such data is not available, the
elevation shall be determined by a registered professional engineer
and the sealed documents shall be approved by the City Engineer.
B. Shorelands. Shorelands shall not be divided into building sites which
are to be served by soil absorption waste disposal systems.
C. Fill materials.
(1) Lands made, altered or filled with non-earth materials within the
last 10 years shall not be divided into building sites which are to
be served by soil absorption waste disposal systems.
(2) Lands made, altered or filled with non-earth materials within the
preceding 20 years shall not be divided into building sites which
are to be served by soil absorption waste disposal systems except
where soil tests prepared by a professional soil scientist clearly
show the soils are suited to such use. Soil reports shall include,
but need not be limited to, an evaluation of soil permeability, depth
to groundwater, depth to bedrock, soil bearing capacity, and soil
compaction. To accomplish this purpose, a minimum of one test per
acre shall be made initially. The City does not guarantee, warrant
or represent that the required samples represent conditions on an
entire property and thereby asserts that there is no liability on
the part of the Common Council, its agencies or employees for sanitary
problems or structural damages that may occur as a result of reliance
upon such tests.
D. Steep slopes. Each lot proposed to be served by an on-site soil absorption
sewage disposal system shall have 50% of its minimum required lot
area or 20,000 square feet, whichever is less, in slopes of less than
12%.
E. Shallow bedrock. Lands having bedrock within six feet of the natural
undisturbed surface shall not be divided into building sites to be
served by soil absorption sewage disposal systems.
F. Shallow groundwater table. Lands having groundwater within six feet
of the natural undisturbed surface shall not be divided into building
sites to be served by soil absorption sewage disposal systems.
G. Percolation rates. Soils having a percolation rate slower than 60
minutes per inch shall not be divided into building sites to be served
by soil absorption sewage disposal systems.
H. Plan Commission. The Plan Commission, in applying the provisions
of this section, shall in writing recite the particular facts upon
which it bases its conclusion that the land is unsuitable for residential
use and afford the subdivider an opportunity to present evidence in
rebuttal to such finding of unsuitability, if he so desires. Thereafter,
the Commission may affirm, modify or withdraw its determination of
unsuitability.
Heavily wooded areas should be preserved insofar as possible
and by application of reservation and dedication provisions of this
chapter and other applicable ordinances. The subdivider shall not
remove trees in anticipation of a land division until final subdivision
approval is received. Each tree exceeding three inches in diameter
at 4.5 feet above the ground that is removed in preparation for development
shall be replaced on a one-to-one ratio. Each tree of 10 inches to
20 inches in diameter at 4.5 feet above the ground that is removed
in preparation for development shall be replaced on a one-to-four
ratio. Each tree of 20 to 30 inches in diameter at 4.5 feet above
the ground that is removed in preparation for development shall be
replaced on a one-to-eight ratio. Each tree of 30 plus inches in diameter
at 4.5 feet above the ground that is removed in preparation for development
shall be replaced on a one-to-twelve ratio. A tree survey may be required
to adequately make these determinations. Replacement trees shall be
of species approved by the City Forester and measure between 1.5 inches
and 2.5 inches in trunk diameter at one foot above ground. If complete
tree mitigation is not feasible within the subject subdivision development
the City may require tree plantings within parks, conservation lands,
street rights-of-way, or other publicly owned lands or require payment
to a land management fund at a rate commensurate with planting said
mitigation trees.
All land divisions subject to this chapter shall obtain a certificate of adequate public facilities or a waiver of certificate as found in Chapter
400, Zoning, of the City Code.