A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a professional land surveyor and
the plat prepared on Mylar or paper of good quality at a scale of
not more than 100 feet to the inch and shall show correctly on its
face the following information:
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of 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 Town Board, upon the Plan Commission's recommendation, 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 drainpipes, 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 mean sea level datum at vertical intervals of
not more than five feet. Where ground slopes are less than 5%, two-foot
contour intervals shall be required. Elevations shall be based upon
mean sea level datum. At least two permanent bench marks shall be
located in the immediate vicinity of the plat; the location of the
bench marks shall be indicated on the plat, together with their elevations
referenced to mean sea level datum and the monumentation of the bench
marks clearly and completely described. Where, in the judgment of
the Town Engineer, undue hardship would result because of the remoteness
of the parcel from a mean sea level reference elevation, another datum
may be used.
(10)
High-water elevation of all ponds, streams, lakes, flowages
and wetlands based upon mean sea level datum. County floodland and
shoreland boundaries shall be delineated and the contour line lying
a vertical distance of two feet above the elevation of the 100-year
recurrence interval flood or, where such data is not available, five
feet above the maximum flood on record or a known high-water elevation.
(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 100-year
recurrence interval flood or, where such data is not available, two
feet above the elevation of the maximum flood of record within the
exterior boundaries of the plat or within 100 feet therefrom.
(13)
Soil types and their boundaries, as shown on the operational
soil survey maps prepared by the United States Natural Resources Conservation
Service (NRCS).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(14)
Location and results of soil boring tests within the exterior
boundaries of the plat conducted in accordance with the rules of the
Department of Safety and Professional Services contained in Ch. SPS
385, Wis. Adm. Code, and delineation of areas with three-foot and
six-foot groundwater and bedrock levels where the subdivision will
not be served by public sanitary sewer service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(15)
Location and results of percolation tests within the exterior
boundaries of the plat conducted in accordance with the rules of the
Department of Safety and Professional Services contained in Ch. SPS
385, Wis. Adm. Code, where the subdivision will not be served by public
sanitary sewer service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(16)
Location, width and names of all proposed streets and public
rights-of-way, such as alleys and easements.
(17)
Approximate dimensions of all lots, together with proposed lot
and block numbers. The area in square feet of each lot shall be provided.
(18)
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.
(19)
Approximate radii of all curves.
(20)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
(21)
Any proposed lake and stream improvement or relocation, and
notice of application for approval by the Wisconsin Department of
Natural Resources when applicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(22)
Where the Plan Commission, Town Board or Town Engineer finds
that it requires additional information relative to a particular problem
presented by a proposed development in order to review the preliminary
plat, it shall have the authority to request, in writing, such information
from the subdivider.
C.
Additional information. The Plan Commission and/or Town 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.
A.
General. A final plat prepared by a professional land surveyor shall
be required for all subdivisions. It shall comply in all respects
with the requirements of § 236.20, Wis. Stats., and this
chapter.
B.
Additional information. The final plat shall show correctly on its
face, in addition to the information required by § 236.20,
Wis. Stats., the following:
(1)
Exact length and bearing of the center line of all streets.
(2)
Exact street width along the line of any obliquely intersecting street.
(3)
Exact location and description of streetlighting and lighting utility
easements.
(4)
Railroad rights-of-way within and abutting the plat.
(5)
All lands reserved for future public acquisition or reserved for
the common use of property owners within the plat.
(6)
Special restrictions required by the Town Board, relating to access
control along public ways or to the provision of planting strips.
C.
Deed restrictions. Restrictive covenants and deed registrations for
the proposed subdivision shall be filed with the final plat.
D.
Property owners' association. The legal instruments creating a property
owners' association for the ownership and/or maintenance of common
lands in the subdivision shall be filed with the final plat.
E.
Survey accuracy.
(1)
Examination. The Town Board shall examine all final plats within
the Town of Lowell and may check for the accuracy and closure of the
survey, the proper kind and location of monuments, and legibility
and completeness of the drawing.
(2)
Maximum error of closure. Maximum error of closure before adjustment
of the survey of the exterior boundaries of the subdivision shall
not exceed, in horizontal distance or position, the ratio of one part
in 10,000 nor, in azimuth, four seconds of arc per interior angle.
If field measurements exceed this maximum, new field measurements
shall be made until a satisfactory closure of the field measurements
has been obtained; the survey of the exterior boundary shall be adjusted
to form a closed geometric figure.
(3)
Street, block and lot dimensions. All street, block and lot dimensions
shall be computed as closed geometric figures based upon the control
provided by the closed exterior boundary survey. If checks disclose
an error for any interior line of the plat greater than the ratio
of one part in 5,000, or an error in measured angle greater than one
minute of arc for any angle where the shorter side forming the angle
is 300 feet or longer, necessary corrections shall be made. Where
the shorter side of a measured angle is less than 300 feet in length,
the error shall not exceed the value of one minute multiplied by the
quotient of 300 divided by the length of the shorter side; however,
such error shall not in any case exceed five minutes of arc.
(4)
Plat location. Where the plat is located within a quarter section,
the corners of which have been relocated, monumented and coordinated
by the Town, the tie required by § 236.20(3)(b), Wis. Stats.,
shall be expressed in terms of grid bearing and distance; and the
material and Wisconsin state plane coordinates of the monument marking
the relocated section or quarter corner to which the plat is tied
shall be indicated on the plat. The grid bearing and distance of the
tie shall be determined by a closed survey meeting the error of closure
herein specified for the survey of the exterior boundaries of the
subdivision.
F.
Surveying and monumenting. All final plats shall meet all the surveying
and monumenting requirements of § 236.15, Wis. Stats.
G.
Dodge County Coordinate System. Where the plat is located within
a quarter section, the corners of which have been relocated, monumented
and coordinated by the Town, the plat shall be tied directly to one
of the section or quarter corners so relocated, monumented and coordinated.
The exact grid bearing and distance of such tie shall be determined
by field measurements, and the material and Wisconsin state plane
coordinates of the monument marking the relocated section or quarter
corner to which the plat is tied shall be indicated on the plat. All
distances and bearings shall be referenced to the Dodge County Coordinate
System, South Zone, and adjusted to the Town's control survey.
H.
Certificates. All final plats shall provide all the certificates
required by § 236.21, Wis. Stats., and in addition, the
surveyor shall certify that he has fully complied with all the provisions
of this chapter.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "H")]
A.
Certified survey map (CSM) for minor land divisions. Any minor land
division as defined herein shall be surveyed and a certified survey
map prepared and recorded as provided in § 236.34, Wis.
Stats., and this chapter.
B.
Review and approval process. The process of submitting a CSM for
review and approval by the Town is a two-step process that involves
the preparation of a preliminary map and the actual certified survey
map (CSM).
(1)
Preliminary map. The preliminary map is submitted to and reviewed by the Plan Commission. The Plan Commission will review the proposed land division for compliance with Chapter 295, Zoning, and other development-related regulations and advise the property owner and/or developer as to applicable fees, land division procedures, and what, if any, revisions are required in order for the proposed land division to comply and be eligible for approval by the Town.
(2)
Certified survey map (CSM). Once the preliminary map has been reviewed
and deemed compliant by the Plan Commission, the property owner and/or
developer shall prepare and submit a CSM for review and approval by
the Plan Commission that, in turn, makes a formal recommendation to
approve or deny the proposed land division to the Town Board. At a
separate and subsequent meeting, the Town Board will take final action
to approve or deny the proposed land division.
(3)
Dodge County approval authority. Pursuant to Wis. Stats., Dodge County
has approval authority over all land divisions in the Town. Consequently,
a separate application for approval of a proposed land division, including
preparation and submission of the same CSM, must be made with Dodge
County either concurrently with or after the Town has reviewed and
acted upon a proposed land division.
(4)
If and after a CSM has been approved by Dodge County, the CSM shall
be forwarded to the Plan Commission and Town Board for approval signatures
prior to submitting the CSM to the County Register of Deeds for recording.
The Plan Commission and Board shall ensure that all conditions of
approval and/or required revisions to the CSM have been made prior
to recording.
C.
Preliminary map submission and review requirements.
(1)
A preliminary map or drawing of the proposed minor land division
shall be submitted to the Town Plan Commission for preliminary review
and to obtain the Plan Commission's advice and assistance.
(2)
The preliminary map shall be prepared in accordance with this article,
and the property owner and/or developer shall file 10 copies of the
map and a letter of application with the Plan Commission Clerk at
least 30 days prior to the meeting of the Plan Commission at which
review and discussion is requested.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The preliminary map or drawing shall clearly indicate the manner
in which all of the contiguous land under the same or common ownership
will be affected by the land division.
(4)
The preliminary map should be prepared at a legible scale and include
the following information:
(a)
Name of property owner, developer, and surveyor.
(b)
Date, distance and direction scale.
(c)
Land area in acres and square feet for each proposed parcel
and total property.
(d)
Length of exterior boundaries of property and proposed lot lines.
(e)
Scaled distances and setbacks from existing buildings to property
lines and nearest buildings on adjacent property.
(f)
Aerial photograph.
(g)
General soil information and locations to help determine septic
system suitability.
(h)
Floodplain and wetland boundaries (if any).
(i)
Topographic information.
(j)
Narrative description of the proposed land division and purpose.
D.
Nonfarm lot location and layout.
(1)
Where and when practical, lots should be created from that portion
of a parent tract that is less suitable for agricultural uses by virtue
of:
(a)
Having relatively less-productive soils.
(b)
Being wooded; having relatively steeper topography.
(c)
Having an odd shape or limited width due to natural or other
fixed boundaries.
(d)
Being located relatively farther away and/or naturally buffered
from existing agricultural operations on adjacent land that could
adversely affect the proposed residential lot(s) and future residents.
(e)
The configuration and layout of lots should:
E.
Certified survey map (CSM) submission and review requirements.
(1)
The subdivider shall prepare the certified survey map in accordance
with this article and shall file 10 copies of the map and the letter
of application with the Plan Commission Clerk at least 30 days prior
to the meeting of the Plan Commission at which action is desired.
(2)
The Plan Commission Clerk shall transmit the necessary number of
copies of the map and letter of application to the Plan Commission.
(3)
The Town Clerk shall transmit a copy of the map to all affected Town
commissions and departments for their review and recommendations concerning
matters within their jurisdiction. Their recommendations shall be
transmitted to the Plan Commission within 10 days from the date the
map is received. The Plan Commission shall, within 60 days from the
date of filing of the map, recommend approval, conditional approval,
or rejection of the map and shall transmit the map, along with its
recommendations, to the Town Board.
(4)
The Town 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 Town meeting and
a written statement forwarded to the subdivider. If the map is approved,
the Town Board shall cause the Town Clerk or Town Board Chairman to
so certify on the face of the original map and return it to Dodge
County for review and approval.
F.
Additional information. In addition to the information required by § 236.34,
Wis. Stats., the certified survey map shall show, correctly on its
face, the following:
(1)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper division.
(2)
All building and other setbacks required by the Town ordinances and specifically Chapter 295, Zoning.
(3)
All lands to be dedicated or reserved for future acquisition.
(4)
Date of the map.
(5)
Graphic scale.
(6)
Name and address of the property owner, subdivider and surveyor.
(7)
Square footage and acreage of each parcel.
(8)
Present zoning for the parcel.
G.
Dodge County Coordinate System. Where the map is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated by the Town, the map shall be tied directly to one
of the section or quarter corners so relocated, monumented and coordinated.
The exact grid bearing and distance of such tie shall be determined
by field measurements, and the material and Wisconsin state plane
coordinate of the monument marking the relocated section or quarter
corner to which the map is tied shall be indicated on the map. All
distances and bearings shall be referenced to the Dodge County Coordinate
System, South Zone, and adjusted to the Town's control survey.
H.
Certificates and approval blocks. The surveyor shall certify on the
face of the certified survey map that he/she has fully complied with
all the provisions of this chapter with all necessary certificates,
including surveyor, property owner, and mortgagee certificates. The
Town Board, after a recommendation by the Plan Commission, shall certify
its approval on the face of the map with a Town Board and Plan Commission
signature-approval block.
I.
Street dedication. Dedication of streets and other public areas shall
require, in addition, the owner's certificate and the mortgagee's
certificate in substantially the same form as required by § 236.21(2)(a),
Wis. Stats.
J.
Recordation.
(1)
The subdivider shall record the map with the Dodge County Register
of Deeds within 12 months after the date of the last approval of the
map and within 36 months after the date of the first approval of the
map by the Town Board or Dodge County, whichever occurs later. Failure
to do so may necessitate a new review and reapproval of the map by
the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Three copies of the final recorded map shall be forwarded to the
Town of Lowell.
K.
Agricultural nuisance disclosure requirement. All certified survey
maps creating nonfarm parcels pursuant to this section shall contain
an agricultural nuisance disclosure stating: "The property owners
and/or future residents occupying these parcels may be subjected to
potential inconveniences and discomfort resulting from normal and
accepted agricultural practices and operations, including, but not
limited to, noise, odors, dust, the operation of farm machinery, and
the storage, disposal and application of manure and fertilizer, herbicides,
and pesticides."
