Review criteria shall be a fair regulation and reasonable to
ensure protection of property rights. The Plan Commission and Common
Council shall consider the following when reviewing a subdivision
plat. The proposed subdivision plat:
A.
Promotes orderly development, and the transportation system furthers
and facilitates the movement of people and goods in and out of an
area;
B.
Is in conformance with the Comprehensive Plan;
C.
Encourages the most appropriate use of the land throughout the City
consistent with the adopted land use plan;
D.
Minimizes environmental impacts; and
E.
The layout accommodates and provides for emergency vehicle access.
The proposed subdivision shall comply with all general development
standards located in the City of New Berlin Developer's Handbook,
including but not limited to off-street parking and loading, drainage,
architectural design standards, landscaping, grading, environmental
protection, access, and screening.
A.
All improvements shall be constructed in accordance with the City
of New Berlin Developer's Handbook and infrastructure specifications
set forth by the Director.
B.
In any cases where the applicant proposes modifications to the provisions
of this chapter or the design standards set forth by the Developer's
Handbook, the applicant may seek relief from the Department of Community
Development.
A.
As provided for in § 80.01, Wis. Stats., the City shall
not be responsible for the construction of public improvements.
B.
The City may only be responsible for the construction of public improvements
when the applicant has failed to meet the requirements of the development/improvement
agreement or any other cost-share agreement made between the City
and developer(s) that is contained in the development agreement.
C.
Acceptance/completion of public improvements.
(1)
Surety instrument.
(a)
A surety instrument (cash escrow deposit) shall be required
for 105% of the actual cost of all improvements including, but not
limited to:
(b)
The surety instrument shall be reviewed and updated annually
by the developer to guarantee workmanship and materials based on actual
construction estimates for the remaining work and any "punch list"
or outstanding items. Any approved delays may require an increase
in the surety instrument to cover additional maintenance. The surety
instrument may be reduced as items are completed and accepted per
the list above.
(2)
Asphalt pavement.
(a)
Installation of the final course of pavement shall occur at
time of initial development. If the developer installs all infrastructure
and all pavement courses initially, a surety instrument shall be provided
to the City that guarantees that maintenance will occur for the road
surface and base course. In the interim, the developer shall ensure
that the road surface and base course are kept in good shape and will
make repairs as necessary prior to the City taking final acceptance.
(b)
Installation of the final course may be deferred until 70% of
the homes have been substantially completed in a residential development,
or 24 months after commencement of construction of the project, whichever
comes first. The Director may only waive the actual timing of completion
for the 70% or twenty-four-month requirement, if requested, for extenuating
circumstances such as inclement weather and/or coordination with other
projects but by no more than six months. For projects that have been
allowed to be phased, all public infrastructure shall be secured by
surety instrument and reviewed by the City and updated annually by
the developer until such time that the public infrastructure receives
preliminary acceptance. Public infrastructure that was built as part
of a phased approach shall still be secured by a maintenance surety.
In the interim, the Developer shall ensure that the road surface and
base course are kept in good shape and shall make repairs prior to
the City taking final acceptance.
(3)
Sanitary system.
(a)
If the roadway is installed to final grade, all sanitary features
shall be installed to finish grade, and installed per the Developer's
Handbook. The utility will conduct a final inspection; as-builts must
be submitted and approved and final easements recorded for the return
of that portion of the surety instrument.
(b)
If the roadway is not installed to final grade, the manholes
shall be set to the level of the binder course if in the pavement.
The manholes will need to be adjusted to final grade with a permanent
adjustment and seal, no paving rings will be allowed to make the final
adjustment. As-builts and easement documents may not be delayed with
this option.
(4)
Water system.
(a)
If the roadway is installed to the final grade, all water features
shall be installed to the finish grade and installed per the Developer's
Handbook. The utility will conduct a final inspection; as-builts must
be submitted and approved and final easements recorded for the return
of that portion of the surety instrument.
(b)
If the roadway is not installed to final grade, the water valves
shall be set to the level of the binder course and turned down to
the lowest level possible so with the final lift, the boxes can be
turned up to final height. As-built and easement documents may not
be delayed with this option.
(5)
Stormwater system.
(a)
If the roadway is installed to the final grade, all stormwater
features (inlets, manholes, curb and gutter, flumes, etc.) shall be
installed to finish grade, tuck pointed, cleaned, inspected and as-built
surveyed prior to reduction of any surety instrument.
(b)
If the roadway is not planned to be installed to final grade
for more than 12 months, the curb and gutter shall be gapped at the
inlets and the inlet grates shall be set to the level of the binder
course to allow for drainage in the interim. Manholes will need to
be adjusted to final grade with a permanent adjustment; no paving
rings will be allowed to make the final adjustment.
(6)
Landscaping.
(a)
Landscaping shall be installed at the time of the initial construction.
(b)
Upon inspection of the installation, the landscaping surety
instrument may be reduced to 20% of the original cost and shall be
held for three years for maintenance. If all the landscaping is maintained
and living after three years, the remaining portion of the landscape
surety will be returned.
(7)
Other special conditions.
(a)
Any other special features such as streetscaping, street lights,
trails, signage, etc., shall be installed at the time of the initial
construction.
(b)
Upon inspection of the installation, the surety instrument may
be reduced to 20% of the original cost and shall be held for three
years for warranty and maintenance.
A.
Conformity with plans.
(1)
The arrangement, character, extent, width, and location of all streets
or highways shall conform to the official map for the City and regulations
set forth in this chapter.
(2)
Streets not contained in the Official Map shall conform to the recommendations
of the Plan Commission based on existing and planned streets, topography,
public safety and convenience and proposed uses of land.
B.
Arrangement.
(1)
The design of the subdivision should create an integrated system
of lots, streets, pedestrian trails, and infrastructure that provides
for the efficient movement of people, bicycles, automobiles, emergency
vehicles, service vehicles, school buses, garbage trucks, moving trucks,
mail and delivery trucks, etc., within the subdivision and to and
from adjacent developments.
(2)
All subdivisions shall be designed to provide safe and attractive
pedestrian linkages to commercial and employment centers, schools,
recreational uses, and other public facilities.
(3)
Where the subdivision adjoins a railroad right-of-way and the Comprehensive
Plan indicates that such property will be used for industrial purposes,
streets in the same general direction as the railroad shall be as
nearly parallel to such railroad right-of-way as may be practicable.
(4)
The street layout shall be logically related to the topography of
the land, especially with relation to grades and stormwater runoff.
Streets should generally be located away from watercourses unless
storm sewers are to be provided.
(5)
Proposed streets may provide for appropriate continuation or completion
of any existing streets (constructed, contemplated, or recorded) that
come to the boundary line of adjoining property, unless otherwise
recommended by the Plan Commission. Permanent dead ends are discouraged.
(6)
Provisions for suitable access and street openings for the subdivision
of adjacent unsubdivided land may be provided through temporary dead-end
streets as approved by the Common Council upon the recommendation
of the Department of Community Development and the Plan Commission.
C.
Intersections.
(1)
Streets shall intersect one another at an angle as near to a right
angle (90°) as possible.
(2)
No intersections shall have an angle of less than 80°.
(3)
Multiple intersections involving the junction of more than four streets
shall be avoided.
(4)
Street curb intersections shall be rounded by a tangential arc consistent
with the design standards established by the Director and approved
by the Board of Public Works.
(5)
Curb radii at intersections involving state highways shall be approved
by the State Department of Transportation and shall meet those standards
as state regulations and local conditions permit. Radius corners or
diagonal cutoffs shall be provided on the property lines substantially
concentric with or parallel to the chord of the curb radius corners.
D.
Crosswalks. Crosswalks shall be provided wherever side paths are
located.
E.
Pavement and right-of-way widths.
(1)
Unless otherwise shown on the Official Map, all roadway widths shall
comply with the City Developer's Handbook.
(2)
The Plan Commission may require a greater right-of-way width for
pedestrian trails in multiple-family housing areas, commercial areas,
etc. The Commission may also waive the requirement for side paths
where the abutting land use does not necessitate them being constructed
or where they are provided within the development.
F.
Street grades.
(1)
In order to protect the public's health, safety, and general
welfare, the City shall regulate roadway construction by basing decisions
upon, but not limited to, maintenance, winter driving, stormwater
management, safety, and sight distances.
(2)
All roadways, alleys, and pedestrian trails included in any subdivision
shall have a maximum grade as specified in the City of New Berlin
Developer's Handbook.
(3)
The Board of Public Works may permit steeper grades where topographical
constraints unquestionably justify a departure from the maximum permitted
grade.
G.
Street alignment. The horizontal and vertical alignment of all streets,
except in unusual cases as determined by the Director, shall meet
the minimum requirement of the City of New Berlin Developer's
Handbook.
H.
Street names. All street names shall be consistent with the City's
adopted street naming policy.
I.
Street signs. The City shall install street signs at the expense
of the applicant.
J.
Building numbers. Building numbers shall be assigned in accordance with the building numbering system now in effect in Chapter 83, Buildings, Numbering of, of this Code.
K.
Dead-end streets. Permanent dead-end streets shall be discouraged.
L.
Stub streets.
(1)
Required.
(a)
Where the proposed subdivision is located adjacent to an undeveloped
parcel, the applicant may be required to provide stub streets that
may be connected to the adjacent development once it is developed.
(b)
Stub streets shall be provided according to recommendations
from the Plan Commission and Director.
(c)
Where streets are to be stubbed and a turnaround is required,
a hammerhead shall be used. The use of the turnaround shall be guaranteed
to the public until such a time as the road can be extended.
(d)
A sign shall be posted at the end of the stub street, stating:
"ROAD TO BE EXTENDED."
(2)
Phased development. Where the Plan Commission has approved the construction
of a temporary stub street due to phased development, the developer
will provide a suitable all-weather turnaround. The use of the turnaround
shall be guaranteed to the public until such a time as the road can
be extended.
M.
Half streets. Dedication of half streets shall be discouraged. Where
there exists a dedication or platted half street or alley adjacent
to the tract to be subdivided, the other half street shall be platted
if deemed necessary by the Commission.
N.
Alleys. Dead-end alleys shall not be permitted.
O.
Side paths. Side paths shall be required on all streets or easements
as identified in the Comprehensive Plan, and as amended in the future.
P.
Easements. Easements shall meet the minimum requirements as specified
in the City of New Berlin Developer's Handbook.
A.
The placement of curbs, gutters, and storm sewers shall be subject
to the City's Developer's Hanbook.
B.
The Board of Public Works shall have the authority to waive the requirements
of this section if, for aesthetic or engineering reasons, the Board
of Public Works deems it unreasonable or not feasible to construct
curbs, gutters, and storm sewers in a particular subdivision, taking
into account, but not limited to, the following factors:
A.
Length.
(1)
Block length between intersections shall not exceed 1,500 feet nor
be less than 500 feet. Block length is measured from the center line
of the right-of-way to the center line of the right-of-way of the
two cross streets.
(2)
A twenty-foot easement or dedicated right-of-way may be provided
for pedestrian and midblock pedestrian side paths in blocks longer
than 1,000 feet to provide proper access to schools, shopping centers,
and other community and public facilities.
(3)
Culs-de-sac may be prohibited when there is an adverse impact on
public safety, providing services such as school busing and trash
collection, or providing and maintaining utility services.
B.
Width. The width of blocks shall be planned to provide two rows of
lots in residential districts unless otherwise approved by the Plan
Commission.
C.
Nonresidential blocks. Blocks intended for commercial or industrial
developments shall be specifically designed for such purpose with
adequate space set aside for off-street parking and loading facilities.
A.
Location. All lots shall abut on and have access to a public street
meeting minimum zoning requirements.
B.
Grading.
(1)
Grading shall be done in a manner to:
(a)
Preserve existing topography wherever practicable.
(b)
Prepare house pad.
(c)
Provide positive drainage to protect proposed house and adjoining
properties from damages of stormwater runoff.
(d)
Create a grading relationship to avoid unsightly siting of homes
and driveways in relationship to the established street grade and
adjoining structures.
(2)
The grading plan should minimize retaining walls wherever practicable.
(3)
The Plan Commission may require, in areas of steep slopes, lot widths
and depths greater than the minimum required in order to accomplish
the above-stated standards.
C.
Water and sewer facilities.
(1)
Where public water and/or sewers are available, or where the proposed
site is within the existing current sanitary sewer service area of
the Regional Water Quality Management Plan for the City of New Berlin
(as identified in Figure 8.3 of the City's Comprehensive Plan),
the City shall require such facility be used.
D.
Double and triple frontage lots. Double and triple frontage lots
shall be avoided wherever possible.
E.
Flag or panhandle lots. Flag or panhandle lots are prohibited in
the City of New Berlin.
G.
New lots within existing residential subdivisions shall be prohibited
under any of the following circumstances:
Monuments shall be provided as required in § 236.15,
Wis. Stats.
Sanitary sewer mains shall be required where the Plan Commission
and Utility Division, as part of the development review process, determine
that the infrastructure and connection to public sanitary sewers are
practical.
Water mains shall be required where the Plan Commission and
Utility Division, as part of the development review process, determine
that the infrastructure and connection to public water supply are
practical.
A.
Facilities for the distribution of electric, cable, telephone utility,
and communication facilities service shall be buried underground in
accordance with the specifications of the State Electrical Code. This
shall include feeder cables and individual service connections. Transformers,
meter points or similar equipment may be installed upon the ground
surface, provided that the location, architecture, and adequate screening
have been approved by the Plan Commission.
B.
All relocation, upgrades, and reconstruction of aboveground utilities
shall be underground, as applicable.
A.
All stormwater drainage, retention and detention shall be in compliance
with the City of New Berlin Stormwater Management Plan and Chapter
275-55.1, Post-construction stormwater management, of this Code.
B.
Drainage plans shall respect existing drainage patterns and accommodate
and address all drainage impacts of the proposed development.
[Added 11-13-2018 by Ord.
No. 2611]
A.
Developers creating new subdivisions of five lots ormore shall provide
emergency water cisterns of fiberglass or concrete construction for
fire protection purposes within developments that are more than 1,000
feet from a municipal water supplied fire hydrant as follows:
(2)
Non-single-family developments. The number, location and size of
cisterns shall be determined by the Plan Commission upon recommendation
of the Fire Chief.
(3)
If any portion of the subdivision limits is more than 1,000 feet
from a municipal water supplied fire hydrant, then the underground
water cistern shall be provided as noted above based on the total
number of lots within the proposed subdivision.
(4)
Modifications to the location, size and number of required cisterns
shall be approved by the Plan Commission based on a recommendation
by the Fire Chief.
(5)
In the event the development has access to a water supply (man-made
or natural) of sufficient size and depth, the Fire Chief, in conjunction
with review by DCD and final approval by the Plan Commission, has
the discretion to allow a dry hydrant in lieu of a cistern provided
the dry hydrant is in compliance with the NFPA standard (NFPA 1142).
Securing any permits and/or approvals that may be required by other
regulating agencies shall be the responsibility of the applicant and
shall be in place prior to installation of the dry hydrant.
B.
Location. Cisterns shall be located in City road rights-of-way but
not in culs-de-sac. The location of the cisterns shall be specified
by the Fire Chief. The cisterns shall be located in a position that
the largest percentage of structures is within 1,000 feet of the cistern.
C.
Specifications. NFPA Standard 1142, 2012 (or most current) edition
(Water Supplies for Suburban and Rural Firefighting) shall be used
as a reference, except where otherwise noted below. See the diagram
which is on file in with the Fire Department and is available for
inspection.
(1)
Plans shall be stamped by a professional engineer.
(2)
Pea gravel bedding will be utilized for backfilling and for base.
(3)
Any used tank will be hydrostatically tested and coated on the outside
of the tank according to NFPA standards.
(4)
The drafting/suction pipe height above the finished roadway surface
shall be 24 inches to the center line of the elbow fitting of the
six-inch pipe with a six-inch female NST fitting.
(5)
The drafting pipe shall be comprised of steel or metal (unless otherwise
approved by the Fire Chief and extend to within 12 inches of the bottom
of the tank. The length of the draft from the fire department connection
shall not exceed 14 feet. The drafting pipe shall be six inches in
diameter and shall terminate with an elbow to accept the six-inch
female NST fitting with cap and chain.
(6)
A screened, four-inch vent pipe with the opening facing downward
will be included in all cisterns. The vent pipe shall be a minimum
of 36 inches above the finished roadway surface. The vent pipe shall
have a two-inch capped inspection pipe located at the top.
(7)
A four-inch fill pipe with elbow will be provided at each tank by
the installer which terminates 24 inches above the finished roadway
surface, measured at the pipe, with a minimum of one 2 1/2 inch
female NST fitting and cap.
(8)
The maximum distance from the road edge to the drafting pipe shall
not exceed six feet. This will allow a fire pumper, positioned on
the finished road surface, using one section of standard hard suction
hose, to easily reach the draft pipe. As an alternative, the developer
may provide a paved apron adjacent to the roadway adequate for the
parking of Fire Department apparatus. This paved apron must be a minimum
of 12 feet with a maximum 8% slope.
(9)
All above piping shall be primed and then painted red for suction
with a six-inch female NST fitting adapter, white for vent and yellow
for fill, by the installer before the tank is approved for service
and filled. The contractor installing the tank shall also install
a "No Parking" sign at a location specified by the Fire Department.
The sign and installation shall be at the expense of the developer.
(10)
The installation shall be made with consideration of the winter
temperatures. Steps will be taken to ensure the piping and water in
the tank will not freeze during extended periods of below-zero weather.
D.
Administration.
(1)
The developer shall file an application for an underground cistern
permit with Inspection Services.
(2)
The installation of the cisterns shall be incorporated into the development agreement in accordance with § 235-15I (Infrastructure design/plat compliance review). The development agreement shall be approved by the Board of Public Works and the Common Council and shall be executed prior to any work commencing.
(3)
The developer or contractor installing the tank shall post with the
City a surety instrument (cash escrow deposit), in an amount as established
by the City, to be held by the City until the tank has received final
Fire Department approval.
(4)
Acceptance. The adequacy of such facilities and improvements and
their proper installation shall be subject to review by the Department
of Community Development and Fire Department prior to submittal of
the final plat.
(a)
The Director or designee shall make a determination of the developer's
compliance with the terms of the development agreement, City ordinances,
and the City's Developer's Handbook.
(b)
The City of New Berlin holds the right to deny acceptance of
any public improvements if the Director of the Department of Community
Development and/or Fire Chief finds that the cistern has not been
constructed per the approved plans, accepted City of New Berlin standards
and practices, or accepted engineering practices.
(c)
The developer's engineer shall certify that all plans and
specification prepared by the engineer meet the standards as described
in the development agreement. The developer's contractor shall
also certify that all construction performed by the contractor has
been installed according to plans and specifications previously approved
by the Fire Department and/or Department of Community Development.
(d)
The developer shall submit a letter to the Director, with lien
waivers attached, for acceptance of improvements.
(5)
Upon final City approval, cisterns shall be filled by the developer.
(6)
Maintenance. Once installed and approved by the Fire Department,
the Fire Department shall be responsible for the maintenance and filling
of the cistern. The Fire Department shall inspect the water cisterns
in the spring and fall of each year.
A.
Purpose. This section is enacted so that adequate land is set aside
and preserved for the development of streets, public parks, recreation,
open space, and municipal water and sewer facilities. It is also intended
that this section will ensure the proper size and location of these
public facilities and ways as the City develops to allow for the adequate
provision of future services to serve the needs of a growing community.
Various committees, including, but not limited to, the Board of Public
Works; Plan Commission; Utility Committee; etc., are responsible for
reviewing and making recommendations to the Common Council.
B.
Dedication of roadways, pedestrian trails, and drainageways. Whenever
a proposed subdivision/CSM encompasses all or any part of a roadway,
pedestrian trail, drainageway, waterway or any other public way that
has been designated on and adopted by a City of New Berlin, Waukesha
County, regional or state plan, such public way shall be made a part
of the plan and dedicated or reserved by the applicant on such plat
or component as set forth in this section at no cost to the City.
C.
Dedication of public sites, open spaces and trails.
(1)
Required. In the design of a plat or CSM, due consideration shall
be given to the location of suitable sites for adequate provision
of public sites and open spaces. Whenever a proposed subdivision or
CSM encompasses all or any part of a planned or needed park, playground,
recreational area or trail, public safety or general government building
site, open space or any other public site and has been designated
so on an adopted City of New Berlin, Waukesha County, regional or
state plan, the applicant shall pay the public site, open space and
trail fees as provided in this section or may dedicate or reserve
such public site or open space on such plat or CSM as provided in
this section, at the discretion of the Common Council.
(2)
Dedication and reservation of sites option:
(a)
Whenever public sites or open space as defined in Subsection C(1) are planned for the site, public lands may be dedicated with the approval of the Common Council to the public. The value of the land dedicated shall be equal to or more than the public site and open space fee. If the land value is less, the public site and open space fee shall be paid in accordance with § 235-34C(3)(b)[3].
(b)
Whenever a proposed subdivision contains more land designated for public purposes than the requirement in Subsection C(2)(a), the excess land of required dedication shall be reserved for a period not to exceed three years from the date of the recording of the final plat or CSM. This time frame may be extended by mutual agreement to allow for the purchase by the public agency having jurisdiction on the basis of the raw or undeveloped land price.
(c)
If the excess land of required dedication is not acquired within
the three-year time period as set forth herein, the land shall be
released from reservation to the owner.
(d)
The value of the land dedicated shall be determined by mutual
agreement between the City and applicant. If the value of such land
cannot be determined satisfactorily by the City and the applicant,
an appraisal board shall determine the value. The appraisal board
shall include the following:
(3)
Public site and open space fee option.
(a)
If any of the following conditions exists, a fee for the acquisition
and development of other public sites or open spaces to serve the
future occupants of the proposed subdivision or CSM shall be paid
to the Director of Finance prior to the final approval of the plat
or CSM by the Common Council.
[1]
The proposed subdivision or CSM does not encompass a proposed
public site or open space;
[2]
The City determines no public site or open space land is needed
within the proposed subdivision or CSM; or
[3]
The public site or open space land dedication is less than the
established dedication schedule.
(b)
Fees.
[1]
The public site and open space fee shall be as on file with
the City Clerk.
[2]
These fees should be adjusted by the Common Council over time
to follow the rising cost of raw land.
[3]
If any land is dedicated, the fees will be reduced by the value
of the land dedicated.
[4]
(Reserved)
[5]
The fees being imposed hereunder shall be used solely in accordance
with § 66.0617, Wis. Stats., and specifically to fund the
acquisition or initial improvement of land for public parks. For purposes
of this section, the improvement of land shall be defined as grading,
landscaping, installation of utilities, construction of sidewalk,
installation of playground equipment or any construction or installation
of restroom facilities on land intended for public purposes.
(4)
Phased development.
(a)
Where phased development of a subdivision is approved by the
City, the City may limit payments in lieu of dedication to be calculated
on the area being developed at that time.
(b)
The fee is due and payable before final approval of that phase
or portion of the development.
(c)
As each subsequent phase is brought forward for final development,
a public site and open space fee shall be calculated for that portion
of the development, based on the fee rate and dedication schedule
at the time of the final approval.
(d)
In the case of multifamily or a planned unit development, the
Common Council may allow the fee to be collected at the time each
individual building permit is issued.
(5)
Use of fees. Public site and open space fees collected by the Director
of Finance shall be placed in a separate account, and said funds shall
be used exclusively for the acquisition of public land and development
or preparation of public land within the City consistent with approved
plans or amendments.
(6)
Further division. Where the lot or parcel for which payment has once
been made is further divided, payment shall be required only for the
additional lots, parcels, or units created.
(7)
Time for dedication or payment. The required dedication or payment
shall be made before the certification of final approval may be affixed
to the final plat or before a building permit may be issued in the
case of a multifamily or planned unit development.
(8)
Exception. No public sites and open space payment shall be required
for a parcel on which a permanent residential house has existed and
been occupied for at least one year prior to the date of the division.
A.
An impact analysis shall be prepared that will address how those
infrastructure issues will be resolved financially both on site and
off site, to the City's border, and how the impacts will be mitigated.
(1)
The developer's review must identify how all on-site and off-site
infrastructure impacts are to be addressed, including plans for improvements
or agreements to financially participate.
(3)
Developments, projects, plats, or submittals that have not fully
identified how they will make all necessary improvements to rectify
all infrastructure and financial impacts for capital and operating
expenses or have not made arrangements to make payments to offset
municipal expenses shall be returned as incomplete submittals.
B.
Waiver. The Plan Commission may waive some or all of the impact analysis
where it determines no obvious impacts or in cases where a redivision
of land would make an impact analysis unnecessary.
