A.
Streets.
(1)
Arrangement. In any new subdivision the street, block and lot layouts shall conform to the arrangement, width and location indicated on the City Official Map, County jurisdictional highway system plan, Comprehensive Plan or plan component or neighborhood development plan, if any, of the City, town or county and shall be so designated as to: be within the capability of the land and water resources; least disturb the existing terrain, flora, fauna and water regimen; and meet all the use, site, sanitary, floodland and shoreland regulations contained in the City Zoning Code and the Jefferson County Code when applicable. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets and to the most advantageous development of adjoining areas. The subdivision shall be designed so as to provide each lot with satisfactory solar access and access to a public street.
(a)
Arterial streets, as defined in § 650-7, shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation and points beyond the boundaries of the community. Arterial streets shall also be properly integrated with and related to the existing and proposed area-wide system of arterial streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect.
(b)
Collector streets, as defined in § 650-7, 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 the mass transportation system, to special traffic generators such as schools, churches and shopping centers and other concentrations of population and to the arterial streets into which they connect.
(c)
Minor streets, as defined in § 650-7, shall be arranged to conform to the topography, discourage use by through traffic, permit the design of efficient storm and sanitary sewerage systems and require the minimum street area necessary to provide safe and convenient access to abutting property.
(d)
Proposed streets shall extend to the boundary lines of the tract being subdivided unless prevented by topography or other physical conditions or unless the City Plan Commission finds that such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts.
(e)
Arterial street and highway protection. Whenever the proposed subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage with screen planting contained in a non-access reservation along the rear property line or by the use of frontage streets consistent with Subsection A(2)(a) of this section.
(f)
Public access shall be provided to all navigable stream or lake shores. Such access shall be at least 60 feet in width platted to the low water mark at intervals of not more than 1/2 mile as required by § 236.16(3), Wis. Stats., unless greater intervals and wider access is agreed upon by the City Plan Commission, the Wisconsin Department of Natural Resources and the Department of Administration. All platted public access shall front on a public street, highway, parkway or other public way.
(g)
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 City under conditions approved by the Plan Commission.
(h)
Street names shall not duplicate or be similar to existing street names, and existing street names shall be projected wherever possible. Final approval of street names rests with the City Council, upon recommendation of the Plan Commission, Public Works Board and Police Department.
(i)
Access shall be provided in commercial and industrial areas for off-street loading and service areas unless otherwise required by the Plan Commission.
(2)
Limited access highway and railroad right-of-way treatment. Whenever the proposed subdivision contains or is adjacent to a limited access highway, arterial or railroad right-of-way, the design shall provide the following treatment:
(a)
When lots within the proposed subdivision back upon the right-of-way of an existing or proposed limited access highway, arterial 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 and the building of all structures excepting public or private utility structures hereon is prohibited."
(b)
Where commercial and industrial districts are involved there shall be 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 shall not be less than 150 feet from the right-of-way of the limited access highway or railroad.
(c)
If a proposed street is to parallel a limited access highway or railroad right-of-way (not to include bicycle or recreation trails), and if the proposed street intersects an arterial or collector street that crosses a railroad or highway, then the proposed street shall be located at least 250 feet from the limited access highway or railroad right-of-way to which it is parallel. See Figure 5.1.
(d)
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 railroad rights-of-way shall be avoided in residential areas.
(3)
Street and pedestrianway design standards.
(a)
Minimum standards. The minimum right-of-way, construction standards and roadway width of all proposed streets and alleys shall be as specified by the City's standard specifications, Comprehensive Plan, Official Map or neighborhood development plan or county jurisdictional highway system plan or, if no width is specified therein, the minimum width shall be as shown on Table 5.1 below, unless otherwise specified in the Long-Range Transportation Plan.
Table 5.1: Right-of-Way Width | ||
|---|---|---|
Street Type | Right-of-Way Width (feet) | |
Arterial | 100 | |
Collector | 80 | |
Local residential | 66 | |
Pedestrianways | 10 | |
(b)
Cul-de-sac streets. Unless otherwise waived by the City Council, streets designed to have one end permanently closed shall not exceed 300 feet in length, shall be paved with a minimum thirty-four-foot-wide pavement, finished with standard curb and gutter which shall be smoothly connected to the main street, and shall have a minimum right-of-way radius of 60 feet and a minimum outside curb radius of 48 feet.
(c)
Street grades. Street grades shall be established wherever practicable so as to avoid excessive grading, the indiscriminate removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for arterial streets and 1/2 this minimum for all other streets. Unless necessitated by exceptional topography, subject to the approval of the City Council, the maximum center line grade of any street or public shall comply with Table 5.2. In no case shall the grade of any street exceed 12% or be less than 1/2 of 1%.
Table 5.2: Maximum Permitted Grade | ||
|---|---|---|
Street Type | Maximum Permitted Grade | |
Arterial streets | 6% | |
Collector streets | 8% | |
Minor streets, alleys and frontage streets | 10% | |
Pedestrianways | 12%, unless steps of acceptable design are provided | |
(d)
Half streets. Where an existing dedicated or platted half street is adjacent to the tract being subdivided, the other half of the street shall be dedicated by the subdivider. The platting of new half streets shall not be permitted.
(e)
Roadway elevations through floodlands. Elevations of roadways passing through floodland areas shall be designed in the following manner:
[1]
At least two feet above the one-hundred-year recurrence interval flood elevation for arterial streets.
[2]
At least two feet above the ten-year recurrence interval flood elevation for minor streets.
[3]
At no less than the one-hundred-year recurrence interval flood elevation for collector streets.
(f)
New and replacement bridges and culverts. All new and replacement bridges and culverts over perennial waterways, including pedestrian and other minor bridges, in addition to meeting other applicable requirements, shall be designed so as to accommodate the one-hundred-year recurrence interval flood event without raising the peak stage, either upstream or downstream, more than 0.01 foot above the peak stage for the one-hundred-year recurrence interval flood, as established in the applicable federal flood insurance study or other technical study. Larger permissible flood stage increases may be acceptable for reaches having topographic land use conditions which could accommodate the increased stage without creating additional flood damage potential upstream or downstream of the proposed structure providing that flood easements or other appropriate legal measures have been secured from all property owners affected by the excess stage increases. Such bridges and culverts shall be so designed and constructed as to facilitate the passage of ice floes and other debris. All new and replacement bridges shall be constructed in accordance with all applicable state statutes and codes and plans shall be submitted to the Department of Natural Resources (DNR) to assure compliance therewith.
(g)
Radii of curvature.
[1]
When a continuous street center line deflects at any one point by more than 10 degrees, a circular curve shall be introduced having a radius of curvature on the center line of not less than the following:
Table 5.3: Radii of Curvature | ||
|---|---|---|
Street Type | Radii of Curvature (feet) | |
Arterial streets and highways | 500 | |
Collector streets | 300 | |
Minor streets | 100 | |
[2]
Where the Wisconsin Department of Transportation Facilities Development Manual (FDM 11-10-5) recommends a greater radii of curvature, the FDM shall govern. The length of tangent shall be at least 100 feet between reverse curves on arterial and collector streets.
(h)
Tangents. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(i)
Reserve strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Plan Commission.
B.
Street intersections.
(1)
Streets shall intersect as nearly as possible at right angles as topography and other limiting factors of good design permit, and not more than two streets shall intersect at one point unless approved by the Plan Commission,
(2)
The number of intersections along arterial streets and highways shall be held to a minimum. Wherever practicable, the distance between such intersections shall not be less than 1,200 feet.
(3)
Property lines at street intersections shall be rounded with a radius of 25 feet or of a greater radius where the Plan Commission considers it necessary, or shall be cut off by a straight line through the points of tangency of any arc having a radius of 45 feet.
(4)
Street jogs with center-line offsets of less than 125 feet shall be avoided. Minor streets shall not necessarily continue across arterial or collector streets, but if the center line of such minor streets approach the collector or arterial streets from opposite sides within 300 feet of each other, measured along the center line of such arterial or collector streets, then the location of such minor streets shall be adjusted so that the adjoinment across the arterial or collector streets is continuous and a jog is avoided.
(5)
On all streets where sidewalks are required, ramps or openings to accommodate handicapped individuals or vehicles shall be provided in accordance with § 66.0909, Wis. Stats.
C.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial districts, except that the Plan Commission may waive this requirement where other definite and assured provision is made for service access such as off-street loading and parking consistent with and adequate for the uses proposed.
(2)
Alleys shall not be approved in residential areas unless necessary because of topography or other exceptional circumstances.
(3)
The width of alleys shall be not less than 25 feet.
(4)
Dead-end alleys are prohibited except under very unusual circumstances, and crooked and "T" alleys shall be discouraged. Where dead-end alleys are unavoidable, alleys shall be provided with adequate turnaround facilities at the dead end.
D.
Blocks. The widths, lengths and shapes of blocks shall be suited to the planned use of the land; zoning requirements; need for convenient access, control and safety of street traffic; topography and solar access.
(1)
The lengths, widths and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated but block lengths in residential areas shall not exceed 1,500 feet nor be less than 300 feet between street lines.
(2)
Pedestrianways of not more than 10 feet in width may be required where deemed necessary by the City Plan Commission to provide safe and convenient pedestrian circulation between the individual lots, streams, lakeshores, parklands or other public areas or may be required near the center and entirely across any block where deemed essential by the City Plan Commission to provide adequate pedestrian circulation or access to schools, shopping centers, churches, parks, open spaces, or transportation facilities. The final plat shall contain a special restriction addressing by whom midblock pedestrianways will be maintained.
(3)
The width of blocks shall be wide enough to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. Width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions for such use.
(4)
Utility easements shall, where practical, be placed on midblock easements along rear lot lines.
E.
Lots. The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting and for solar access for the building contemplated. In addition:
(1)
Lot lines. Side lot lines shall be substantially at right angles of radial street lines.
(2)
Municipal boundaries. Lots shall follow municipal boundary lines whenever practicable, rather than cross them.
(3)
Shape. The shape of lots shall generally be rectangular, with lots platted on culs-de-sac generally narrower at the street line than at the rear lot line.
(4)
Lots at right angles. Lots at right angles to each other should be avoided whenever possible, especially in residential areas.
(5)
Large lots. In case a tract is subdivided into parcels containing one or more acres, such parcels shall be arranged to allow the re-subdivision of any parcels into normal lots in accordance with the provisions of this chapter.
(6)
Double frontage and reverse frontage. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. Where double frontage and reverse frontage lots are permitted, an extra lot depth of 30 feet or landscaped buffering shall be provided, unless a greater depth is specified herein. Landscape buffering shall be to a minimum depth of 15 feet.
(7)
Access to public street. Every lot shall front or abut on a public street for a distance of at least 30 feet and be at least 45 feet on all proposed culs-de-sac. Lots with an access only to private drives or streets shall be permitted only with the Plan Commission approval.
(8)
Area. Area of all lots shall conform to the requirements of the City Zoning Code or zoning ordinance of the jurisdiction where the land division occurs.
(9)
Depth. Depth of lots shall be a minimum of 100 feet. Excessive depth in relation to width shall be avoided and a proportion of two to one shall be considered a desirable ratio under normal conditions. Residential lots, fronting on major streets and highways, should be platted with extra depth to permit generous distances between the buildings and such trafficways. Depth and width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking and outdoor storage required by the use contemplated and the zoning restrictions for such use.
(10)
Water's edge. Lands lying between the meander line and the water's edge and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a stream or lake.
(11)
Width. Width of lots shall conform to the requirements of the Zoning Ordinance or other applicable ordinance.
(12)
Corner lots. Corner lots for residential use should have extra width to permit full building setback of at least 30 feet from both streets or as required by the zoning regulations of the City.
F.
Building setback lines.
(1)
Building setback lines, appropriate to the location and type of development contemplated, which are more or less restrictive than the regulations of the zoning district in which the plat is located, may be required by the Plan Commission, if under planned development. Building setback lines appropriate to the location and type of development contemplated which are more restrictive than the regulation of the zoning district in which the plat is located, may be required by the Plan Commission and shall be shown on the final plat or certified survey map. Examples of the application of this provision include requiring greater setbacks on cul-de-sac lots to achieve the necessary lot width at the setback line, requiring greater setbacks to conform to setbacks of existing adjacent development or setting special yard requirements to protect natural resource elements.
(2)
Shoreland/wetland and isolated wetland setbacks, in addition to those required by the City Zoning Code, may be required by the Plan Commission. See the Zoning Code for more details regarding the specific wetland protection buffer areas.
G.
Special restrictions. Special restrictions which are appropriate to the location or design of the land division may be required by the Plan Commission and shall be shown on the final plat or certified survey map. Examples of the application of this provision include access control along public ways, required planting and buffering strips, and prohibition of structures and vegetative clearing in environmentally significant lands.
H.
Easements.
(1)
Utility. The Plan Commission or Public Works Board may require utility easements of widths deemed adequate for the intended purpose on each side of all rear lot lines and on each side of all side lot lines or across lots where necessary or advisable for electric power and communication facilities, storm and sanitary sewers; street trees, gas, water, streetlights and other utility lines and solar access. All easements shall be noted on the final plat followed by reference to the use or uses for which they are intended.
(2)
Drainage easements. Where a subdivision is traversed by a watercourse, drainageway channel or stream, an adequate easement shall be provided. The location, width, alignment, and improvement of such drainageway or easement shall be subject to the approval of the City's Engineering Consultant; and parallel streets or parkways may be required in connection therewith. Where necessary, stormwater drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, subject to review and approval by the City's Engineering Consultant. All easements shall be noted on the final plat followed by reference to the use or uses for which they are intended.
I.
Public sites, parks, and open spaces.
(1)
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 City grows. It has also 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.
(2)
Design. In the design of a subdivision, land division, planned unit development or development project, provision shall be made for suitable sites or adequate areas for future schools, parks, playgrounds, open spaces, drainageways and other public purposes. Such sites, as are shown on the Official Map, Comprehensive Plan, Comprehensive Plan component, comprehensive outdoor recreation plan, Official Map or component, neighborhood development plan, or that are deemed appropriate and necessary by the Plan Commission, 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, ravines, and woodland, prairie and wetland plant and animal communities. The park shall be improved with the necessary public improvements required in § 650-33F.
(3)
Dedication, reservation, payment-in-lieu-of. Accordingly, each subdivider of land in the City shall, at the discretion and direction of the Plan Commission, either dedicate open space lands designated on the City Comprehensive Plan or plan component or reserve such open space lands and pay a fee or, where no open space lands are directly involved, pay a fee. The Plan Commission shall, at the time of reviewing the preliminary plat, condominium plat, or certified survey map, select one of the following options and record its selection in the minutes of the meeting at which the preliminary plat, condominium plat, or certified survey map is presented for approval:
(a)
Dedication option. Whenever a proposed playground, park, recreation, or other public open space land designated on the City's Comprehensive Plan, neighborhood unit development plan or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be subdivided by plat or certified survey map, the public lands shall be made a part of the plat and be dedicated to the public by the subdivider. A minimum of 1,740 square feet of land area shall be dedicated for each proposed dwelling unit.
(b)
Reservation option. Whenever a proposed playground, park or other public open space land designated on the City's Comprehensive Plan, neighborhood unit development plan or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be subdivided by plat or certified survey map, the proposed public open space lands shall be made a part of the plat or certified survey map and reserved at the time of final plat or certified survey map approval for a period not to exceed three years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the public agency having jurisdiction and the subdivider shall pay a fee at the time of the signing and recording of a certified survey map, or final plat of the subdivision, or part thereof at the rate and according to the procedures in Subsection I(3)(c) below. Land not acquired within the three-year time period will be released to the owner.
(c)
Park fee option. If the proposed land division does not encompass a proposed public park, parkway, open space conservation site or other open space lands, or if the City Plan Commission requires the reservation of land under Subsection I(3)(b) above, park dedication fees shall be required.
(d)
A park dedication fee shall apply to both residential and nonresidential properties and shall be paid to the City Treasurer at the time of the signing and recording of a certified survey map, final condominium plat, or final plat of the subdivision, or part thereof in an amount as from time to time established by resolution of the City Council to defray the impact the additional development and residences will have on City parks, the City trail system, and the preserving of the City's agricultural, natural and cultural resources within the City's park system. The amount of the fee shall be set by resolution from year to year and shall be applied on the basis of the total number of newly created residential dwelling units, newly created lots, and per acre of developable land. Such fees collected by the City Treasurer under the provisions of this section shall be placed in separate nonlapsing special funds for park improvement purposes as allowed by Wis. Stats. § 66.0617. The funds shall be separated as established by resolution of City Council to defray that cost of City park system expansion and opportunities resulting from additional development and new residences. The funds shall be separate from the City general fund and such special funds shall be used exclusively for funding the acquisition or initial improvement of land for public parks as per Wisconsin Statutes. The improvement of land for public parks means grading, landscaping, installation of utilities, construction of sidewalks, installation of playground equipment, and construction, or installation of restroom facilities on land intended for public park purposes.
J.
Private common areas or improvements.
(1)
If any commonly owned areas or improvements are to be part of the subdivision, such privately owned portions of the subdivision shall have an approved conservation easement or deed restriction that makes provisions acceptable to the City for maintenance of said common areas or improvements.
(2)
The City shall require assurances that a homeowners' association, nonprofit land trust, appropriate government agency, or other responsible party will maintain the common area or improvements in perpetuity.
(3)
If the common area or improvements are to be managed by a homeowners' association, it shall be a nonprofit membership corporation whose purpose will be to maintain, improve, and preserve certain properties within the project.
(a)
To that extent, Wis. Stats. § 779.70 provides for the imposition of a maintenance lien on all properties in the development and the homeowners' association may impose liens upon each lot for the cost of maintenance of common areas and improvements. The liens may be enforced by foreclosure or direct action against property owners to collect the amounts at law.
(b)
The City of Lake Mills shall be named as a third-party beneficiary of any such lien. The declaration of covenants shall set forth the provisions of the maintenance lien outlined above and also provide for the right of the City to enforce these rights as a third party beneficiary. The enforcement shall be preceded by a thirty-day written notice allowing the homeowners' association to perform the required maintenance.
(c)
In the event no performance is made, the City may directly make the repairs or maintenance and charge the costs as assessments to individual lot owners.
(d)
The declarant for itself and its assigns shall waive notice and protest of tax or assessments that may be levied by the City for the maintenance or repairs performed by the City. Such assessment of the pro rata share shall be a lien upon all the lots subject to the covenants and such assessment shall be included in the tax bill for each lot.
(e)
In addition, the declarant shall post a surety bond in the amount of $15,000 for a period of five years from the date the association is incorporated that will ensure performance of the obligations of the homeowners' association hereunder. Thereafter, the homeowners' association shall maintain a fund in a minimum amount of $5,000 for the purpose of reimbursing expenses related to the operation of the association.
(f)
The homeowners' association may not amend its bylaws in any material respect that would adversely affect the interests of the City of Lake Mills nor will it dissolve without the advance written consent of the City of Lake Mills.
(4)
If the common area or improvements are to be managed through an entity other than a homeowners' association, such entity shall post a surety bond or make other acceptable assurances that the payment of the costs of the management of the common areas or improvements will be adequately made in perpetuity.
