[HISTORY: Adopted by the Village Board of the Village of
Fairwater at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 215.
Driveways and culverts — See Ch. 245.
Erosion control — See Ch. 256.
Mobile homes — See Ch. 336.
Streets and sidewalks — See Ch. 404.
Water and sewers — See Ch. 448.
Comprehensive Plan — See Ch. 464.
Floodplain zoning — See Ch. 468.
Zoning — See Ch. 485.
A.
Introduction. This chapter is adopted in accordance with the authority
granted by § 236.45, Wis. Stats., and for the purposes listed
in §§ 236.01 and 236.45, Wis. Stats.
(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 ensure 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 line parallel to a lot line and at a distance from the lot line to comply with the Chapter 485, Zoning, yard requirement.
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 Planning Commission created by the Village Board pursuant
to § 62.23, Wis. Stats., if one is created.
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.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed or a certified survey, and a division occurs
where any of the above transactions change the title from a joint
tenancy to a tenancy in common or from a tenancy in common to joint
tenancy.
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.
Those lands, including the floodplains, floodways, and channels,
subject to inundation by the one-hundred-year recurrence interval
flood or, where such data is not available, the maximum flood of record.
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.
The average annual high-water level of a pond, stream, river,
lake, flowage, or wetland referred to an established datum plane or,
where such elevation is not available, the elevation of the line up
to which the presence of the water is so frequent as to leave a distinct
mark by erosion, change in or destruction of vegetation, or other
easily recognized topographic, geological or vegetative characteristic.
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 lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a double-frontage
lot, both street lines shall be deemed front lot lines.
The peripheral boundaries of a lot as defined herein.
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 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 major street.
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.
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreation purposes.
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 its consideration as to compliance with the Comprehensive
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.
Those lands which are partially or wholly covered by marshland
flora and generally covered with shallow standing water or lands which
are wet and spongy due to high water table.
The rules of administrative agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system, as directed by § 35.93 and Ch. 227, Wis. Stats., including subsequent amendments to those rules.
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.
(2)
The rules of the Department of Safety and Professional Services contained
in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public
sewer.
(3)
The rules of the Wisconsin Department of Transportation contained
in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state
trunk highway or connecting street.
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for the Floodplain Management
Program.
(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.
B.
Jurisdiction. Jurisdiction of these regulations shall include all
lands within the corporate limits of the Village of Fairwater 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.
E.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the Village's jurisdiction,
pursuant to § 703.27(1), Wis. Stats. For purposes of this
chapter, a condominium unit and any associated limited common elements
shall be deemed to be equivalent to a lot or parcel created by the
act of subdivision.
F.
Land suitability. No land shall be subdivided which is held unsuitable
for its proposed use by the Village Board for reason of flooding,
inadequate drainage, adverse soil or rock formation, 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 the future residents of the proposed
subdivision or of the Village. The Village Board, in applying the
provisions of this subsection, shall in writing recite the particular
facts upon which it bases its conclusion that the land is not suitable
for the proposed use and afford the subdivider an opportunity to present
evidence regarding such unsuitability if he/she so desires. Thereafter
the Board may affirm, modify, or withdraw its determination of unsuitability.
A.
Purpose.
(1)
The Village Board hereby finds that certain issues arise in condominium
developments that require limited applicability of this chapter to
condominium developments. The State Legislature has recognized that
subdivision ordinances may apply to condominiums but that subdivision
ordinances shall not impose burdens upon condominiums that are different
from those imposed on other property of a similar character not subject
to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a condominium development
is the creation of multiple, distinct property entities at or near
the ground surface, subject to property taxation as separate parcels,
with each property entity having different ownership and management.
The Village of Fairwater determines that this factor makes a condominium
development dissimilar, both physically and in ownership, from developments
in which the land and improvements are under unitary ownership, management
and control.
(3)
Thus, the Village Board hereby finds that new condominium developments
can place impacts on community resources in the same manner as other
new developments which are characterized by division of land into
lots. These impacts include:
B.
Portions of chapter applicable to condominium developments. The following
sections of this chapter shall apply to condominium developments:
(1)
Sections 477-5 and 477-6 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 477-6 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to the following condominiums:
A.
Preliminary meetings. Before filing a preliminary plat, or certified
survey, the subdivider is encouraged to consult with the Village Board
for advice regarding general subdivision requirements. The subdivider
shall also submit a location map showing the relationship of the proposed
subdivision to traffic arteries and existing community 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/her 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.
B.
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
preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file an adequate number of copies of the
plat and the application as required by this section with the Village
Clerk at least 25 days prior to the meeting of the Village Board at
which action is desired. The Village Clerk shall submit a copy of
the preliminary plat to the Utility Operator for review and written
report of his recommendations and reactions to the proposed plat.
(2)
Public improvements, plans and specifications. Simultaneously with
the filing of the preliminary plat or map, the owner shall file with
the Village Clerk five complete sets of preliminary plans and specifications
for the construction of any public improvements required by this chapter.
(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/she 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 and 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.
(6)
Referral to other agencies.
(a)
The Village Clerk shall, within two days after a preliminary
plat is submitted, transmit four copies of the plat to the county
planning agency and may send two copies for each of the state agencies
required to review the plat to the Department of Administration.
(b)
The Village Clerk shall transmit a copy of the preliminary plat
to all affected Village boards, commissions or departments and all
affected local utility companies for their review and recommendations
concerning matters within their jurisdiction. Their recommendations
shall be transmitted to the Village Board within 15 days from the
date the plat is filed. The preliminary plat shall then be reviewed
by the Board for conformance with this chapter and all ordinances,
rules, regulations, Comprehensive Plans and Comprehensive Plan components
which affect it.
(7)
Drafting standards. The subdivider shall submit to the Village Clerk
and to those agencies having the authority to object to plats under
provisions in Ch. 236, Wis. Stats., 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) and 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.
C.
Preliminary plat approval within the Village.
(1)
Objecting agencies' recommendations. The objecting agencies
shall, within 20 days of the date of receiving their copies of the
preliminary plat, notify the subdivider and all other approving and
objecting agencies of any objections. 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.
(2)
Board review. The Village Board shall, within 90 days of the date
the preliminary plat was filed with the Village Clerk, 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 written 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 shall communicate to the subdivider
the action of the Village Board. If the plat or map is approved, the
Village Clerk shall endorse it for the Village Board.
(3)
Approval or conditional approval. 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), Wis. Stats.,
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.
(4)
Plat amendment. 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.
D.
Final plat review.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file copies of the plat
and the application with the Village Clerk at least 25 days prior
to the meeting of the Village Board at which action is desired. The
owner or subdivider shall file six 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.
(2)
The Village Clerk shall, within two days after a final plat is submitted,
transmit four copies of the plat to the county planning agency and
two copies for each of the state agencies required to review the plat
to the Wisconsin Department of Administration. In lieu of this procedure,
the subdivider may submit the original plat directly to the Department
of Administration in accordance with § 236.12(6), Wis. Stats.
(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),
Wis. Stats.
(4)
Simultaneously with the filing of the final plat or map, the owner
shall file with the Village Clerk six copies of the final plans and
specifications of public improvements required by this chapter.
(5)
The Village Clerk shall refer two copies of the final plat to the
Village Board, one copy to the Utility Operator, 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 may also refer the
final plans and specifications of public improvements to the Utility
Operator for review. The recommendations of the Utility Operator shall
be made within 30 days of the filing of the final plat. The Utility
Operator 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 Utility Operator 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.
E.
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.
F.
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. 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.
(2)
If the final plat is not submitted within 36 months of the last required
approval of the preliminary plat, the Village Board may refuse to
approve the final plat.
(3)
The Village Board shall, within 60 days of the date of filing the
original final plat with the Village Clerk, 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 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
20 days or, if filed, have been met.
(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 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.
(6)
The subdivider shall file 10 copies of the final plat with the Village
Clerk for distribution to the approving agencies and other affected
agencies for their files.
G.
Recording of plats. Plats approved by the Village Board of the Village
of Fairwater must be recorded, together with the adopting resolution,
with the County Register of Deeds within 12 months after the date
of the last approval of the plat and within 36 months after the first
approval. Land divisions shall not be recognized by the Village until
recorded with the Register of Deeds. The volume, page, and document
numbers of the recording shall be filed with the Village Clerk and
Building Inspector prior to issuance of any permits.
A.
General preliminary plat information. A preliminary plat shall be
required for all subdivisions and shall be based upon a survey by
a registered land surveyor and the plat prepared on tracing cloth
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 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. In any event, all subdivisions
must be shown to relate well with existing or potential adjacent subdivisions.
B.
Preliminary 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 United States
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 Mean Seal Level Datum at vertical intervals of
not more than two feet.
(10)
High-water elevation of all ponds, streams, lakes, flowages
and wetlands within the exterior boundaries of the plat or located
within 100 feet therefrom.
(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.
(13)
Location and results of percolation tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, where the subdivision will not be served by public sanitary
sewer service.
(14)
Location, width and names of all proposed streets and public
rights-of-way such as alleys and easements.
(15)
Approximate dimensions of all lots together with proposed lot
and block numbers.
(16)
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.
(17)
Approximate radii of all curves.
(18)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
(19)
Any proposed lake and stream improvement or relocation, and
notice of application for approval by the Department of Natural Resources,
when applicable.
(20)
Soil and water conservation. The Village Board, upon determining
from a review of the preliminary plat that the soil, slope, vegetation,
and drainage characteristics of the site are such as to require substantial
cutting, clearing, grading, and other earthmoving operations in the
development of the subdivision or otherwise entail a severe erosion
hazard, may require the subdivider to provide soil erosion and sedimentation
control plans and specifications. In addition, the Board may request
a review of such plans by the County Land and Water Conservation Department.
(21)
Street plans and profiles. The Village Board may require that
the subdivider provide street plans and profiles showing existing
ground surface and proposed and established street grades, including
extensions for a reasonable distance beyond the limits of the proposed
subdivision when requested. All elevations shall be based upon the
same datum as above and plans and profiles shall meet the approval
of the Village Board.
(22)
Covenants. The Village Board may require submission of a draft
of protective covenants whereby the subdivider intends to regulate
land use in the proposed subdivision and otherwise protect the proposed
development.
(23)
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.
(24)
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.
C.
Final plat technical requirements.
(1)
General. A final plat prepared by a registered land surveyor shall
be required for all subdivisions. It shall comply in all respects
with the requirements of § 236.20, Wis. Stats.
(2)
Additional information. The final plat shall show correctly on its
face, in addition to the information required by § 236.20,
Wis. Stats., the following:
(a)
Exact street width along the line of any obliquely intersecting
street.
(b)
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, a
vertical distance of two feet above the elevation of the maximum flood
of record.
(c)
Location of individual lot soil boring and percolations tests
as required by Ch. SPS 385, Wis. Adm. Code, for all lots not served
by public sewer. The results of the tests shall be submitted with
the plat.
(d)
Railroad rights-of-way within and abutting the plat.
(e)
Setbacks or building lines required by any approving or reviewing
agency.
(f)
All lands reserved for future public acquisition or reserved
for the common use of property owners within the plat. If property
reserved for common use is located within the subdivision, provisions
and plans for its use and maintenance may be required to be submitted
with the plat.
(g)
Special restrictions required by the Board and other approving
or objecting agencies relating to access control along public ways,
the provision of planting strips, or shorelands or floodlands.
(h)
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 judgement of the Village Board, undue hardship
would result because of the remoteness of the parcel from a mean sea
level reference elevation, another datum may be used.
(i)
Soil types and their boundaries, as shown on the operational
soil survey maps prepared by the U.S. Department of Agriculture, Natural
Resources Conservation Service.
(j)
Where the Village Board finds that it requires additional information
relative to a particular problem presented by a proposed development
to review the final plat, it shall have the authority to request in
writing such information from the subdivider.
(3)
Deed restrictions. The Village Board may require that deed restrictions
be filed with the final plat.
(4)
Survey accuracy. A qualified person shall examine all final plats
within the Village's jurisdiction and make field checks for the
accuracy and closure of survey, proper kind and location of monuments
and legibility and completeness of the drawing.
(5)
Surveying and monumenting. All final plats shall meet all the surveying
and monumenting requirements of § 236.15, Wis. Stats.
(6)
Relocate quarter section corners. Where the final plat is located
within a quarter section the corners of which have been relocated,
monumented and coordinated by the Village, 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 of the monument
marking the relocated section or quarter corner to which the plat
is tied shall be indicated on the plat.
(7)
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.
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, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in § 477-5A through F.
B.
The Village Clerk 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.
A.
Certified survey use. When it is proposed to divide land into not
more than four parcels or building sites, the subdivider may subdivide
by use of a certified survey map.
B.
Letter of intent. The subdivider shall submit to the Village Clerk
a letter of intent. The letter of intent shall specify:
(1)
The name and address of the owner of the property under consideration.
(2)
The name and address of the subdivider.
(3)
The name and address of the surveyor who will be doing the work.
(4)
The names and addresses of all prospective buyers.
(5)
The location and size of the property.
(6)
The present use of the land.
(7)
The intended future use of the land.
(8)
The estimated time table of development.
C.
Sketch map. Accompanying the letter of intent, for areas outside
the floodplain, the subdivider shall submit a sketch map at a scale
of one inch equals 200 feet or other appropriate scale. More than
one sketch map may be used to show the required information but they
shall be of the same scale and no one map shall be larger than 8 1/2
inches by 14 inches. Each submission shall include all contiguously
owned land, except the sketch need not show more than 20 times the
area of the intended certified survey. This sketch map shall show
the following information:
(1)
North arrow, date and scale.
(2)
Reference to a section corner.
(3)
Approximate dimensions of the parcels and easements.
(4)
The location of existing buildings, water wells, sewerage systems,
watercourses, drainage ditches and other features pertinent to proper
division.
(5)
Setback or building lines required by any approving agency.
(6)
The uses of the land adjacent to the property and existing roads,
easements of record, public access to navigable waters, dedicated
areas and utilities.
D.
Floodplain areas. The Board may require that two-foot contour maps
prepared by a registered surveyor or engineer be the basis of the
sketch in floodplain areas.
E.
Proposed layout. The 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.
F.
Additional information. The Board may require contour maps and individual
lot percolation tests and soil borings prior to tentative approval
where limiting conditions are suspected.
G.
Tentative approval. The Board may grant tentative approval based
on the letter of intent and sketch map pending submission of the certified
survey map. Tentative approval shall assure final approval if the
certified survey submitted within the six months is substantially
the same plan and all requirements for division are met.
H.
Certified survey. The subdivider shall cause a certified survey map to be prepared in accordance with the design requirements of § 477-6 and submit then five copies along with the individual lot percolation tests and soil borings (for lots not served by public sewer) to the Village Clerk. The map shall be reviewed by the 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 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. If the map is approved, the Board shall cause the Village Clerk to so certify on the face of a copy of the map and return it to the submitter.
I.
Recordation. The subdivider shall record the map with the County
Register of Deeds within 12 months after the date of the last approval
of the map and within 36 months after the first approval of the map.
J.
Certified survey map technical requirements.
(1)
General. A certified survey map prepared by a registered land surveyor
shall be required for all minor subdivisions. It shall comply in all
respects with the requirements of § 236.34, Wis. Stats.
The minor subdivision shall comply with the design standards set forth
in this chapter.
(2)
Additional information. The map shall show correctly on its face,
in addition to the information required by § 236.34, Wis.
Stats., the following:
(a)
Date of map.
(b)
Graphic scale.
(c)
Name and address of the owner, subdivider and surveyor.
(d)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper division.
(e)
Names of adjoining streets, highways, parkways, cemeteries,
subdivisions, ponds, streams, lakes, flowages and wetlands.
(f)
Acreage included in each parcel.
(g)
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, a
vertical distance of two feet above the elevation of the maximum flood
of record.
(h)
Location of individual lot soil boring and percolation tests,
as required by Ch. SPS 385, Wis. Adm. Code, for all lots not served
by public sewer. The results of the tests shall be submitted with
the map.
(i)
Setbacks or building lines required by any approving or reviewing
agency.
(j)
All lands reserved for future public acquisition.
(k)
Where the Board finds that it requires additional information
relative to a particular problem presented by a proposed development
to review the certified survey map, it shall have the authority to
request, in writing, such information from the subdivider.
(3)
Relocated quarter sections. Where the map is located within a quarter
section the corners of which have been relocated, monumented and coordinated
by the Village, 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 of the monument marking the relocated
section or quarter corner to which the map is tied shall be indicated
on the map.
(4)
Certificates. The surveyor shall certify on the face of the map that
he has fully complied with all the provisions of this chapter. The
Village Board, after a recommendation by the reviewing agencies, shall
certify its approval on the face of the map.
(5)
Recordation. The certified survey map shall only be recorded with
the County Register of Deeds after the certificates of the Village
Board and the surveyor are placed on the face of the map.
K.
Design 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 Comprehensive Plan. In any new subdivision the street
layout shall conform to the arrangement, width and location indicated
on the Official Map, Comprehensive Plan or component neighborhood
development plan of the Village of Fairwater. 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 rivers 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 access to a public street.
B.
Street classification.
(1)
Arterial streets. Arterial streets, as herein defined, 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. They shall also
be properly integrated with and related to the existing and proposed
system of major streets and highways and shall be, insofar as practicable,
continuous and in alignment with existing or planned streets with
which they are to connect.
(2)
Collector streets. Collector streets, as herein defined, shall be
arranged so as to provide ready collection of traffic from residential
areas and conveyance of this traffic to the major street and highway
system and shall be properly related to special traffic generators
such as schools, churches and shopping areas and other concentrations
of population and to the major streets into which they feed.
(3)
Minor streets. Minor streets, as herein defined, 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 provide the minimum street area necessary to provide safe and
convenient access to abutting property. Minor street locations and
street grades shall be established wherever practicable in such a
manner as to avoid excessive grading and to avoid the excessive removal
of tree growth and general leveling of the topography.
C.
Environmental factors. Street, block, and lot layouts shall be adjusted
to the capacity of the soil and water resources and shall be designed
so as to least disturb the existing terrain, flora, fauna, and water
regimen and to meet all of the use, site, sanitary, floodland, and
shoreland regulations contained in the Village Zoning Code[1] and other applicable ordinances.
D.
Lake front access. River or lake shores shall have 60 feet of public
access platted to the low water mark at intervals of not more than
0.5 mile as required by § 236.16(3), Wis. Stats.
E.
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
Board.
F.
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 where the requirements of this chapter
are different from the requirements of Ch. 236, Wis. Stats., the more
restrictive provision shall apply.
G.
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.
H.
Sufficient frontage. All lots shall have sufficient frontage on a
public street to allow access by emergency and service motor vehicles.
I.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village of Fairwater must also comply with
the minimum town road standards of § 82.50, Wis. Stats.
J.
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 600 feet in length will be approved
when necessitated by the topography.
K.
Minor streets. Minor streets shall be so laid out so as to discourage
their use by through traffic.
L.
Number of intersections. The number of intersections of minor streets
with major streets shall be reduced to the practical minimum consistent
with circulation needs and safety requirements.
M.
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.
N.
Arterial street and highway protection. Whenever the proposed subdivision
contains or is adjacent to a major 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.
O.
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.
P.
Visibility. Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
Q.
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.
R.
Half streets. Where a half street is adjacent to the subdivision,
the other half street shall be dedicated by the subdivider.
S.
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 the Chapter 485, Zoning, with respect to traffic visibility at street intersections shall also apply here.
(3)
Streets shall intersect each other at as nearly right angles as topography
and other limiting factors of good design permit.
(4)
Number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
T.
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.
U.
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 subject to approval by the Village Board.
V.
Street design standards. The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified in § 477-15.
W.
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 may be required to provide
the following treatment:
(1)
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."
(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 major 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)
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 generally be less
than 500 feet or exceed 1,500 feet nor have less than sufficient width
to provide for two tiers of lots of appropriate depth between street
lines. A block 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 10 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.
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 485, Zoning.
B.
Lot dimensions and setbacks shall conform to the requirements of Chapter 485, Zoning, for the appropriate district in which the property is located.
C.
Lots shall have a minimum average depth 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. 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 485, Zoning.
D.
Residential lots fronting on major streets and highways shall be
platted with extra depth or designed to alleviate the effect of major
street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width of 10 feet to permit building setback from both streets, as required by Chapter 485, 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. Every lot shall front or abut for a distance of at least 60
feet at the property line on a public street.
G.
Side lot lines shall be at right angles to straight street lines
or radial to curved street lines on which the lots face. Lot lines
shall follow municipal boundary lines rather than cross them.
H.
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 485, Zoning.
I.
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.
J.
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.
K.
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.
L.
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; as neighboring land becomes subdivided and
more preferable access arrangements become possible, such temporary
access permits shall become void.
M.
Lands lying between the meander line, established in accordance with
§ 236.20(2)(g), Wis. Stats., and the water's edge and
any otherwise unplatted lands which lie between a proposed subdivision
and the water's edge shall be included as parts of lots, outlots,
or public dedications in any plat abutting a lake or stream. This
requirement applies not only to lands proposed to be subdivided but
also to all lands under option to the subdivider or in which he holds
any interest and which are contiguous to the lands proposed to be
subdivided and which abut a lake or stream as provided in § 236.16(4),
Wis. Stats.
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 Utility Operator.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Utility Operator 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 Utility Operator.
(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 Utility Operator.
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 to 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 Utility Operator. 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.)
F.
Drainage easements.
(1)
Where a land division is traversed by a watercourse, drainageway,
channel or stream:
(a)
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;
(b)
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;
or
(c)
Wherever possible, drainage shall be maintained in an easement by
an open channel with landscaped banks and adequate width for maximum
potential volume flow.
(2)
In all cases, such easements shall be of a minimum width established
at the high-water mark or, in the absence of such specification, not
less than 30 feet.
G.
Dedication of drainageways. Whenever a parcel is to be subdivided
or consolidated and embraces any part of a drainageway identified
on a Village comprehensive stormwater management plan, Comprehensive
Plan and/or Official Map or any portion thereof, such part of said
existing or proposed public drainageway shall be platted and dedicated
by the subdivider as an easement or right-of-way in the location and
at the size indicated along with all other streets and public ways
in the land division. Whenever any parcel is to be subdivided or consolidated
and is part of a drainage district established under the authority
of Ch. 88, Wis. Stats., the subdivider shall petition the Circuit
Court to transfer the jurisdiction of that portion of the drainage
district being subdivided or consolidated to the Village in accordance
with § 88.83, Wis. Stats.
H.
Dedication/preservation of stormwater management facilities. The
subdivider shall dedicate sufficient land area for the storage of
stormwater to meet the needs to be created by the proposed land development
and in accordance with the standards for on-site detention and as
determined by the Utility Operator. Whenever a proposed stormwater
management facility (e.g., detention or retention basin) shown on
the comprehensive stormwater management plan, Comprehensive Plan and/or
Official Map is located, in whole or in part, within the proposed
land division, ground areas for providing the required storage capacity
in such proposed public facility shall be dedicated to the public
to the requirements of the Comprehensive Plan and/or Official Map.
Storage areas necessary to serve areas outside the land division shall
be held in reserve for a period of five years from the date of final
plat approval for future dedication to the Village or other appropriate
agency.
I.
Storm drainage facilities. The subdivider, at his cost, shall install
all drainage facilities identified in the erosion control plan or
determined by the Utility Operator as being necessary for the management
of all lands and roadways within the development. In addition, drainage
capacity through the development from other areas shall be provided
in accordance with a comprehensive surface water management study,
if applicable. All required storm drainage facilities shall be constructed
and operational prior to acceptance of any dedications and/or public
improvements served by the storm drainage facilities.
J.
Minor drainage system. The subdivider shall install all minor drainage
system components necessary to reduce inconvenience and damages from
frequent storms. Minor drainage components shall include all inlets,
piping, gutters, channels, ditching, pumping and other facilities
designed to accommodate the post-development runoff resulting from
a five-year, twenty-four-hour rainfall (ten-year, twenty-four-hour
rainfall for commercial zoning district) event as determined in the
most current edition of the Natural Resources Conservation Service
Technical Release 55 (TR 55). Temporary accumulations of storm runoff
from ponding or flowing water, in or near minor system components,
shall be permitted provided such accumulations do not allow the water
to flow across the crown of the street from one side to the other.
For arterial streets and streets located in commercial districts,
ponding within normal traffic lanes (10 feet on each side of the center
line of the street) is prohibited. In drainageways and drainageway
easements, accumulations of water shall not inundate beyond the limits
of the drainageway or drainageway easement. Cross-street drainage
channels (valley gutters) shall not be permitted except on cul-de-sac
or permanent dead-end streets serving fewer than 10 dwelling units
and where the minimum grade in the valley gutter and street gutter
between the valley gutter and the next downstream drainage inlet is
not less than 1%.
K.
Major drainage system. The subdivider shall install all major drainage
system components necessary to reduce inconvenience and damages from
infrequent storms. Major system components shall include large channels
and drainageways, streets, easements and other paths and shall be
capable of accommodating post-development runoff in excess of that
accommodated by minor system components resulting from twenty-four-hour
rainfall events for storms with return frequencies greater than two
years up to and including the one-hundred-year return event (as identified
in TR 55). Runoff resulting from a one-hundred-year, twenty-four-hour
rainfall event shall be contained within the street right-of-way.
L.
Drainage piping systems.
(1)
Unless otherwise approved by the Utility Operator, all drainage piping
of 12 inches diameter and greater in street rights-of-way shall be
constructed of pipe approved by the Utility Operator. Piping materials
outside of rights-of-way shall be subject to approval of the Utility
Operator. All storm sewer outlets shall be equipped with steel bar
or iron pipe debris gates.
(2)
Agricultural drain tiles which are disturbed during construction
shall be restored, reconnected or connected to public storm drainage
facilities.
M.
Open channel systems.
(1)
Where open channels are utilized in either the minor or major drainage
system, they shall be designed so as to minimize maintenance requirements
and maximize safety. Drainage easements (in lieu of dedications) shall
be utilized to accommodate open channels providing adequate access
by the Village for maintenance of drainage capacity. Side slopes shall
not exceed a four-to-one slope. Drainageways, where subject to high
groundwater, continuous flows, or other conditions as determined by
the Utility Operator that would hamper maintenance operations due
to consistently wet conditions, shall have a paved concrete invert
of not less than eight feet wide and side slopes to a point one foot
above the channel invert.
(2)
In areas where invert paving is not required, the drainageway bottom
shall be grass. If the drainageway has a bare soil bottom or the natural
grasses in the drainageway are disturbed due to development operations,
the drainageway bottom shall be sodded and securely staked to one
foot above the elevation of inundation resulting from a predevelopment
five-year, twenty-four-hour storm event. Other disturbed areas shall
be seeded and prepared in accordance with the Village's erosion
control requirements. Velocities for grass-lined channels shall not
exceed those presented in the Village's surface water management
study, if one is adopted.
N.
Standards for on-site detention storage. When the subdivider employs
on-site detention to control erosion and sedimentation, reduce the
post-development peak runoff rate or temporarily store stormwater
runoff due to inadequate downstream drainage facilities, the detention
(storage) facilities shall be subject to regulation in accordance
with the following standards:
(1)
Where on-site detention is temporarily employed for erosion and sedimentation
control, the detention facilities shall safety contain the predevelopment
runoff from a five-year storm event of twenty-four-hour duration.
(2)
Where on-site detention is permanently employed to reduce the post-development
peak runoff, the detention facility shall safety contain the post-development
runoff from a twenty-five-year storm event of twenty-four-hour duration
within the limits of the facility.
(3)
Post-development peak runoff rates shall be limited to predevelopment
levels, up to and including twenty-five-year return period storms.
(4)
All detention facilities shall safety contain or pass the runoff
from any storm of any duration which exceeds the maximum storm required
to be contained up to the one-hundred-year storm event of twenty-four-hour
duration.
(5)
All permanent detention facilities shall safety contain the runoff
from the one-hundred-year storm event of twenty-four-hour duration
on both public and, if necessary, private properties without inundating
any building at the ground elevation, the travel lanes of any arterial
street, the center 10 feet of any collector street or the top of the
curb on any local street.
(6)
Determination of on-site detention volumes shall be computed by procedures
established by the United States Natural Resources Conservation Service
in the most current edition of its technical publication titled "Urban
Hydrology for Small Watersheds, TR-55," and as accepted and approved
by the Utility Operator.
(7)
The storage of stormwater runoff shall not encroach on any public
park (except parks designed with detention facilities) or any private
lands outside the land division unless an easement providing for such
storage has been approved and recorded for said lands.
(8)
All detention facilities shall be designed with the safety of the
general public and any considerations for ease of maintenance as top
proprieties.
(9)
Any wet detention facilities shall include riprap to not less than
two feet above the normal pool elevation for protection from wave
action.
(10)
The sides of all detention facilities shall have a maximum slope
ratio of four to one (horizontal to vertical), with flatter slopes
being required where determined practical by the Utility Operator.
(11)
The Village Board, upon recommendation by the Utility Operator,
may require the installation of fencing or other such security measures
in detention facilities with excessively long down times or permanent
water features, or other features requiring additional security for
safety reasons.
(12)
The maximum depth of a detention pond shall be two feet and
it shall be protected, if required by the Village, by fencing according
to specifications by the Utility Operator.
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.
Extra-size 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/she is required to
install to serve his/her subdivision. The additional costs which result
from the extra-size improvement may be paid for by the subdivider.
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.
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, finds 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 subdividers 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.
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. 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.
A.
General.
(1)
If a proposed subdivision includes land that is zoned for commercial
or industrial purposes, the layout of the subdivision with respect
to such land shall make such provisions as the Village may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 485, 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 485, 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 requirement.
(1)
In accordance with the authority granted by § 236.13, Wis.
Stats., the Village of Fairwater may require that, as a condition
of final plat or certified survey approval, the subdivider agree to
make and install all public improvements required by this chapter
and that the subdivider shall provide the Village with security to
ensure that the subdivider will make the required improvements. As
a further condition of approval, the Village Board hereby requires
that the subdivider be responsible for the cost of any necessary alterations
of any existing utilities which, by virtue of the platting or certified
survey map, fall within the public right-of-way.
(2)
As a condition for the acceptance of dedication of public rights-of-way,
the Village may require that the public ways have been previously
provided with all necessary facilities constructed to Village specifications,
including, but not limited to, sewerage, storm drainage, water mains
and services, grading and improvement of the streets and other public
ways, sidewalks, street signing, streetlighting and such other facilities
required by the Village Board.
(3)
The following required improvements shall be installed in accordance
with the standards of this chapter and any additional engineering
standards and specifications which have been adopted by the Village
Board and filed with the Village Clerk. 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 are listed and described
in this chapter. 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.
(2)
Required agreement providing for proper installation of improvements.
(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, in accordance with plans and specifications
and usual contract conditions, which shall include provision for supervision
of details of construction by the Utility Operator and grant to the
Utility Operator authority to correlate the work to be done under
said contract by any subcontractors authorized to proceed thereunder
with any other work being done or contracted by the Village in the
vicinity.
(b)
The agreement may require the subdivider to make an escrow deposit
or in lieu thereof to furnish a performance bond or irrevocable letter
of credit, the amount of the deposit and the penal amount of the bond
to be equal to 125% of the Utility Operator's estimate of the
total cost of the improvements to be furnished under the contract,
including the cost of inspection.
(c)
On request of the subdivider, 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 complete within the specified period, all amounts
held under the 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.
(d)
The time for completion of the work and the several parts thereof
shall be determined by the Village Board upon recommendation of the
Utility Operator after consultation with the subdivider.
(e)
The subdivider may be required to 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 Utility Operator and Attorney, as well as other costs of a
similar nature.
(f)
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 the approval of the Board.
(g)
Governmental units to which these security and contract provisions
apply may file, in lieu of said contract and security, a letter from
officers authorized to act on their behalf agreeing to comply with
the provisions of this section.
C.
Procedure.
(1)
Construction plans and specifications. Construction plans for the
required improvements conforming in all respects with the standards
of the Utility Operator 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 Utility Operator for his/her approval
and for his/her estimate of the total cost of the required improvements;
upon approval they shall become a part of the contract required. Unless
previously required by the Village Board, the following items are
required to be addressed in a written agreement. 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 Utility Operator. The Utility Operator 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 Utility Operator and approved by the
Village Board. If he/she 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 Utility Operator 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 Utility Operator 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 or otherwise be agreed to in the
developer's written agreement.
(c)
During the course of construction, the Utility Operator shall
make such inspections as he/she deems necessary to ensure 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 ensure 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 Utility Operator 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 may be required
to 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 Utility Operator for conformance with Village standards and
good engineering practice. Street grades require the approval of the
Village Board after receipt of the Utility Operator'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 Utility Operator shall approve all
grading within rights-of-way and said grading shall extend for a sufficient
distance beyond the right-of-way to ensure 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 subdivider shall construct and dedicate, as part of
the subdivision, streets, curbs and gutters and sidewalks, including
those adjacent to platted lots in existing street rights-of-way abutting
the plat. The subdivider shall surface roadways to the widths prescribed
by the Village Board on recommendation of the Utility Operator. Construction
shall be to Village standard specifications for street improvements.
(b)
The subdivider may be required to construct a concrete sidewalk
on both sides of all streets within the subdivision. The Board may
permit the construction of a concrete sidewalk on only one side of
streets that serve lots having an average width of 100 feet or more
fronting on said street and may waive the construction of sidewalks
on streets that serve lots having an average width of 150 feet or
more fronting on said street. The construction of all sidewalks shall
be in accordance with plans and standard specifications approved by
the Board.
(c)
Wider than standard sidewalks may be required by the Board in
the vicinity of schools, commercial areas and other places of public
assemblage, and the Board may require the construction of sidewalks
in locations other than required under the preceding provisions of
this section if such walks are necessary, in its opinion, for safe
and adequate pedestrian circulation.
(d)
Dedicated walkways shall be improved by the subdivider to a
grade and width approved by the Utility Operator 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 Utility Operator
and accepted by the Village Board.
(b)
The Utility Operator 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 Utility Operator and shall be based
upon the written request of the subdivider.
(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. The subdivider may be required to install concrete
curb and gutter along both sides of all streets shown on the plat
prior to installation of the bituminous binder or base. 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.
Construction standards. All streets and highways constructed in the
Village or to be dedicated to the Village shall fully comply with
the following construction standards:
(1)
Right-of-way and pavement width. The minimum right-of-way and roadway
width of all proposed streets and alleys shall be as specified by
the Comprehensive Plan, Comprehensive Plan component, Official Map,
or neighborhood development study or, if no width is specified therein,
the minimum widths shall be as follows:
|
Type of Street
|
Right-of-Way To Be Reserved and Dedicated
(feet)
|
Pavement Width
(Face of Curb to Face of Curb)
(feet)
|
|---|---|---|
|
Arterial street
|
80
|
46
|
|
Boulevard
|
120
|
Dual 34 feet with 24-foot median
|
|
Collector street
|
72
|
38
|
|
Minor street
|
66
|
32
|
|
Cul-de-sac
|
60
|
32
|
|
Pedestrianway
|
10
|
5
|
|
Alley
|
32
|
30
|
(2)
Cul-de-sac streets. Cul-de-sac streets designed to have one end permanently
closed shall not exceed 1,000 feet in length. All cul-de-sac streets
designed to have an end permanently closed shall terminate in a circular
turnaround having a minimum right-of-way radius of 60 feet and a minimum
outside curb radius of 40 feet.
(3)
Grades.
(a)
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:
(b)
The grade of any street shall in no case exceed 12% or be less
than 1/2 of 1%.
(c)
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. 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 major streets, and 1/2 this minimum for all
other streets.
(4)
Radius 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:
(5)
Tangents. A tangent at least 100 feet in length shall be provided
between reverse curves on arterial and collector streets.
(6)
Full street width. 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 half-streets
should be avoided where possible.
(7)
Roadway ditches. Where curb and gutter is not required by the Village
for rural cross section streets, the minimum ditch slope shall be
0.50%.
(8)
Roadway base thickness.
(a)
Residential streets shall have a minimum roadway base thickness
of six inches of compacted in-place crushed aggregate base course
of gradation No. 2 in the top layer and gradations No. 1 and No. 2
in the lower level or other requirements recommended by the Utility
Operator and approved by the Village Board.
(b)
On commercial, arterial or other heavy-use streets, as determined
by the Utility Operator, a base course of eight inches compacted shall
be constructed upon an inspected and approved subgrade, either well-graded
crushed gravel from a state-approved pit with a maximum stone of 1 1/2
inches and no greater than 10% by weight passing a No. 200 sieve or
No. 3 crushed rock approximately six inches in depth and one or more
layers of fine aggregate, either 3/4 inch crushed gravel, well-graded
with no greater than 10% passing a No. 200 sieve, or 3/4 inch traffic-bound
crushed rock.
(c)
In the case of commercial, arterial or other heavy-use roads,
the Village Board may, in the alternative to the above standards,
have the Utility Operator provide specifications for such roads after
researching the site(s) and conducting a soil analysis.
(d)
In any case, the Village Board shall have the sole discretion
in determining the use and construction classification to be adhered
to.
(e)
In all cases, the base course shall be compacted to the extent
necessary to produce a condition so that there will be no appreciable
displacement of material laterally and longitudinally under traffic
and shall conform to line, grades and shape shown on the approved
plans, profiles and cross sections.
(9)
Roadway subbase. Stable and nonorganic subbase material is required.
Unstable and organic material must be subcut, removed and replaced
with a suitable granular or breaker-run material approved by the Utility
Operator.
(10)
Pavement thickness.
(a)
Residential streets may be required to have a minimum compacted
bituminous concrete pavement 2 1/2 inches thick, placed in two
layers, a binder course 1 1/2 inches thick and a surface course
of one inch. On commercial, arterial or other heavy-use streets there
shall be a minimum of 3 1/2 inches of bituminous concrete pavement
placed in two layers, a binder course two inches thick and a surface
course 1 1/2 inches thick. In the case of commercial, arterial
or other heavy-use roads the Village Board may, in the alternative
to the above standards, have the Utility Operator provide specifications
for paving such roads after researching the site(s) and conducting
a soil analysis. In any case, the Village Board shall have the sole
discretion in determining the use and construction classification
to be adhered to.
(b)
Between six months to one year after the installation of the
roadway, a bituminous binder or base at a compacted depth of 1 3/4
inches to two inches shall be laid, flange of curb to flange of curb,
by the subdivider. The thickness and type of bituminous surfacing
shall be specified by the Board.
(c)
Within nine months after the installation of the base course,
the finish coat of bituminous surfacing shall be installed to a minimum
compacted length of 1 1/4 inches to 1 1/2 inches. The thickness
and type of bituminous surfacing shall be specified by the Board.
(d)
The costs for all surfacing, including inspection, supervision
and engineering fees, may be required to be paid by the subdivider.
(11)
Roadway culverts and bridges. Roadway culverts and bridges shall
be constructed as directed by the Utility Operator and sized utilizing
the methods listed in Chapter 13, Drainage, of the Facilities Development
Manual of the Wisconsin Department of Transportation. All roadway
culverts shall be provided with concrete or metal apron endwalls.
(12)
Driveway culverts. Driveway culverts shall be sized by the Utility Operator (if appropriate). The culverts shall be placed in the ditch line at elevations that will assure proper drainage, be provided with concrete, metal or landscape timber endwalls, and shall comply with the provisions of Chapter 245, Driveways and Culverts, of this Code.
F.
Sanitary sewerage system design standards.
(1)
The subdivider shall have plan and profile drawings and specifications
prepared for the installation of sanitary sewerage facilities, including
lateral house connections for each lot in the subdivision, extended
to the lot line.
(2)
The subdivider shall cause to be installed in accordance with the
Standard Specifications for Sewer and Water Constructions in Wisconsin
all facilities required.
(3)
Where the subdivision is not within reasonable access to connection
with the Village sanitary sewer system, or where it can be shown that
other types of sewage treatment may be advantageous to the development,
the subdivider shall submit a proposed sewage disposal plan. This
plan shall be approved by a registered engineer and all state and
local agencies empowered with such approval. It shall be certified,
in writing, that satisfactory, adequate and safe sewage disposal is
possible at the site.
(4)
The Village reserves the right to reject any plat which is not served
by municipal sewerage facilities if it considers these proposed systems
not to be in the best interests of the Village.
(5)
If, at the time of final platting, sanitary sewer facilities are
not available to the plat, as determined by the Village Board, but
will become available within a period of five years from the date
of plat recording, the subdivider shall install or cause to be installed
sanitary sewers and sewer laterals to the street lot line in accordance
with this section and shall cap all laterals. 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 Board.
(6)
Subdivider shall assume the cost of installing all sanitary sewers
eight inches in diameter or less in size. If greater than eight-inch
diameter sewers are required to handle the contemplated sewage flows,
the cost of such larger sewers shall be prorated in proportion to
the ratio which the total area of the proposed plat is to the total
drainage area to be served by such larger sewer and the excess cost
either borne by the Village or assessed against the total tributary
drainage area.
(7)
If a new sewage lift station is necessary to serve the subdivision,
or improvements are necessary to existing facilities to accommodate
the needs of the subdivision, the subdivider shall share in the cost
of the lift station and associated force main. The cost of the lift
station shall be prorated in proportion to the ratio which the total
area of the proposed plat is to the total drainage area to be served
by the lift station and the excess cost either borne by the Village
or assessed against the total tributary drainage area.
G.
Water supply system design standards.
(1)
There shall be provided a water supply system in conformity with
the Comprehensive 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. If municipal water service is not available, the subdivider
shall make provision for adequate private water systems as specified
in applicable ordinances. The Village may require the installation
of water laterals to the street lot line. 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.
(2)
The subdivider shall assume the cost of installing all water mains
eight inches in diameter or less in size. If greater than eight-inch
diameter water mains are required, the excess cost of such mains over
and above the cost of an eight-inch main may be required to be borne
by the subdivider.
H.
Stormwater drainage facilities. Pursuant to § 477-12, 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 Utility Operator. The subdivider shall pay all costs of all storm sewer work.
I.
Other utilities.
(1)
The subdivider shall cause gas, electrical power and telephone facilities
to be installed in such a manner as to make adequate service available
to each lot in the subdivision.
(2)
If cable television is available, it shall also be installed underground
with service provided for each lot.
(3)
All telephone, electric and gas service lines shall be placed underground
entirely throughout a subdivision area, unless otherwise approved
by the Board. Conduits or cables shall be placed within easements
or dedicated public ways in a manner which will not conflict with
other municipal underground services.
(4)
No such electrical 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.
(5)
All utility lines for telephone and electric service shall be placed
in rear lot line easements where practicable and side lot line easements,
where necessary.
(6)
The subdivider shall have written statements from all the utilities
that the easements as shown on the final plat are acceptable to them.
(7)
All piping must be laid in a sand or stone bed.
(8)
The cost for the plans, installation, inspection, supervision and
engineering fees shall be paid by the subdivider.
(9)
Temporary overhead facilities may be installed to serve a construction
site or where necessary because of severe weather conditions. In the
latter case, within a reasonable time after weather conditions have
moderated, such temporary facilities shall be replaced by underground
facilities and the temporary facilities removed, subject to any exception
permitted by the Village Board.
J.
Street lamps.
(1)
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.
(2)
The subdivider shall provide for the location of all streetlights
within the area being developed after consultation with the Board
and the electric utility serving the subdivision.
(3)
In areas where underground electric facilities are installed, poles
for streetlights shall be of an ornamental type.
(4)
There shall be no cost obligation to the Village for supplying and
installing the required streetlights.
(5)
The Village shall provide and pay the cost of the energy needed to
operate the streetlights within the corporate limits of the Village.
K.
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.
L.
Material standards. All improvements constructed under this chapter
shall be of the standards, where applicable, established by the State
Department of Transportation's Standard Specifications for Roads
and Bridges. Where the State Department of Transportation's specifications
do not apply, the standards shall be as approved by the Utility Operator.
M.
Improvements completed 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 Utility Operator shall
certify that he/she is satisfied that the existing improvements conform
to applicable standards.
N.
Construction.
(1)
Commencement. No construction or installation of improvements shall
commence in a proposed subdivision until the preliminary plat has
been approved and the Board has given written authorization.
(2)
Plans. The following plans and accompanying construction specifications
may be required by the Board before construction or installation of
improvements is authorized:
(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.
(3)
Maintenance of the landscape. Proper construction techniques should
be followed so as to maintain as many of the natural features of the
site as is practical.
(a)
All grading, topsoil removal, mineral extraction, stream course
changing, road cutting, waterway construction or enlargement, removal
of stream or lake bed materials, excavation, channel clearing, ditching,
drain tile laying, dredging, and lagooning shall be so conducted as
to prevent erosion and sedimentation and to least disturb the natural
fauna, flora, watercourse, water regimen and topography. The subdivider
shall cause all grading, excavations, open cuts, side slopes, and
other land surface disturbances to be mulched, seeded, sodded, or
otherwise protected so that erosion, siltation, sedimentation, and
washing are prevented, in accordance with the plans and specifications
approved by the Board.
(b)
Sod shall be laid in strips at those intervals necessary to
prevent erosion and at right angles to the direction of drainage.
(c)
Temporary vegetation and mulching shall be used to protect critical
areas, and permanent vegetation shall be installed as soon as practical.
(d)
Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
(e)
Sediment basins shall be installed and maintained at all drainageways
to trap, remove, and prevent sediment and debris from being washed
outside the area being developed.
(f)
The subdivider shall make every effort to protect and retain
all existing trees, shrubbery, vines, and grasses not actually lying
in public roadways, drainageways, soil absorption waste disposal areas,
paths and trails.
(g)
Trees are to be protected and preserved during construction
in accordance with sound conservation practices, including the preservation
of trees by well islands or retaining walls whenever abutting grades
are altered.
(h)
Tree cutting and shrubbery clearing shall be so conducted as
to prevent erosion and sedimentation, preserve and improve scenic
qualities and, during foliation, substantially screen any development
from stream or lake uses.
(i)
Path and trails shall be so designed and constructed as to result
in the least removal and disruption of trees and shrubs and the minimum
impairment of natural beauty.
O.
Acceptance of improvements. The dedication of any improvements, utilities,
streets, parks, easements, rights-of-way or other lands or rights
to the Village or the public shall not be considered accepted by the
Village for public ownership until such time as the required public
improvements within the intended dedication or necessary because of
the intended dedication have been completed and accepted by the Village
Board by adoption of a resolution accepting such dedication. Improvements
shall be dedicated to the Village free and clear of any encumbrances.
The subdivider shall be responsible for and liable for the maintenance,
safety and operation of all required public improvements until such
time as the improvements are accepted by the Village Board by resolution.
In the event the Village must take measures to maintain, operate or
make safe a public improvement existing or required as a result of
the land division but which has not yet been accepted by the Village,
the costs of such measures shall hereby be determined to be Village-incurred
costs to be reimbursed to the Village by the subdivider in accordance
with the provisions of this chapter.
P.
Inspection and certification of improvements.
(1)
After any of the following increments of the required improvements
have been installed and completed, the subdivider shall notify the Utility
Operator, in writing, that the work is complete and ready for final
inspection, shall file reproducible record drawings of the completed
improvements and shall file lien waivers or affidavits, in a form
acceptable to the Utility Operator and approved by the Village Attorney,
evidencing that there are no claims, actions or demands for damages,
based upon contract or tort, arising out of or in any way related
to the project and that no moneys are owned to any surveyor, mechanic,
contractor, subcontractor, materialman or laborer after all required
improvements have been installed. Acceptance of the improvements may
be requested in the following increments:
(2)
The Village Clerk shall certify that there are no unpaid taxes or
unpaid special assessments on any of the lands included in the area
of acceptance and shall prepare a final billing for engineering, inspection
and legal fees and submit it to the subdivider for payment. The Utility
Operator shall conduct any necessary final inspections of the improvements
and forward a report to the Village Clerk recommending either approval
or disapproval. When the engineering, inspection, and legal fees,
taxes, and special assessments have been paid and when the necessary
lien waivers and affidavits have been filed, the report of the Utility
Operator, together with the recommendation of the Village Clerk, shall
be forwarded to the Village Board for approval and acceptance of the
improvements and dedications.
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
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.
B.
Easement locations. Such easements shall be at least 12 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.
The subdivider shall grade each land division in order to establish
street, block and lot grades in proper relation to each other and
to topography as follows:
A.
Master site-grading plan.
(1)
A master site-grading plan shall be prepared by the subdivider for
all new subdivisions. This plan shall be prepared in accordance with
the requirements and standards of the Village.
(2)
The master site-grading plan may be required to show existing and
proposed elevations of all lot corners, control points and building
locations. The plan shall also indicate all overland storm drainage
in and adjacent to the subdivision. The cost of the preparation of
such a plan shall be paid for by the subdivider.
(3)
Upon completion of all street and subdivision grading, the grades
shall be checked and certified by the Utility Operator to determine
that the completed grading work is in accordance with the master site-grading
plan.
(4)
The cost of all required grading work, supervision, certification,
inspection and engineering fees may be required to be paid for by
the subdivider.
B.
Right-of-way grading. The subdivider shall grade the full width of
the right-of-way of all proposed streets in accordance with the approved
plans, including the grading of sight triangles at each intersection.
C.
Block grading. Block grading shall be completed by one or more of
the following methods:
(1)
Regrading along the side or rear lot lines which provides for drainage
to the public drainage facilities, provided any ditches or swales
are in public drainage easements, provided that a deed restriction
is adopted which prohibits alteration of the grades within five feet
of any property line from the grades shown on the master site grading
plan.
(2)
Parts of all lots may be graded to provide for drainage to a ditch
or to a swale.
D.
Miscellaneous grading requirements.
(1)
Lot grading shall be completed so that water drains away from each
building site toward public drainage facilities at a grade approved
by the Utility Operator and provisions shall be made to prevent drainage
onto properties adjacent to the land division unless to a public drainage
facility.
(2)
Grading activities shall not result in slopes greater than three
to one on public lands or lands subject to public access.
(3)
The topsoil stripped for grading shall not be removed from the site
unless identified in the erosion control plan approved by the Utility
Operator as not being necessary for erosion control or site landscaping
purposes. Topsoil shall be uniformly returned to the lots when rough
grading is finished. Topsoil piles shall be leveled and seeded for
erosion control prior to the Village releasing the one-year guarantee
provision on public improvements in the streets adjacent to the lots
on which the topsoil is stockpiled.
(4)
Such grading shall not result in detriment to any existing developed
lands, either within or outside of the corporate limits.
E.
Drainage flows. The subdivider shall cause to be set upon the master
grading plan arrows indicating the directions of drainage flows for
each property line not fronting on a street on all parcels and along
each street as will result from the grading of the site or the construction
of the required public improvements, or which are existing drainage
flows and will remain. The arrows indicating the directions of flows
shall be appropriately weighted so as to differentiate between the
minor and major one-hundred-year event drainage components. The arrows
shall be accompanied on the master grading plan with the following
note: "Arrows indicate the direction of drainage flows in various
components resulting from site grading and the construction of required
public improvements. The drainage flow components located in easements
shall be maintained and preserved by the property owner unless approved
by the Utility Operator."
A.
Dedication of lands for parks, recreation and open space.
(1)
It is the intent of these regulations that properly located parks,
recreation facilities and open space be provided. The location of
such park and recreation site shall be clearly shown and no plat shall
be accepted without these areas clearly shown. The location of such
park and recreation site is subject to the approval of the Board.
Where property abuts the river, the Village may require that a five-percent
dedication include up to 5% of the river frontage included in the
subdivision.
(2)
The Board may waive the requirement for dedication of land if it finds that the proposed public land would be too small or unsuitable for reasons particular to the subdivision or the neighborhood in which it is located. In lieu of dedication, the Board shall levy a public site fee against the subdivider at the time of application for final plat approval at the rate according to the procedures established in Subsection B below.
(3)
At the discretion of the Board, these requirements shall also apply to new preliminary plats lying outside of the corporate limits of the Village, but within the jurisdictional area of these regulations. Such requirements for dedication of land or fees shall be applied under the stipulation that such land shall be maintained by the Village at no cost to the residents of the subdivision and such fees as required by Subsection B below shall be used to provide services to residents of the subdivision.
B.
Fees in lieu of land.
(1)
Where, in the sole discretion of the Village Board, there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the Village's Comprehensive Plan or Park Plan, the minimum size under Subsection C cannot be met, or Village officials determine that a cash contribution would better serve the public interest, the Village Board may require the subdivider to contribute a park and recreation development fee in lieu of land. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities. The total fee shall be computed on the basis of the maximum residential use of each parcel permitted in the particular zoning district under Chapter 485, Zoning. For each proposed residential development, the fee shall be as set by the Village Board. The fee shall be paid to the Village at the time of final plat or certified survey approval. This fee shall be annually adjusted by the Clerk by adding to the base fee the Consumer Price Index (CPI) cost on March 1 of that year for each possible dwelling unit within the plat/land division allowed by Chapter 485, Zoning.
(2)
The Village Board may, in its sole discretion, permit the subdivider
to satisfy the requirements of this section by combining a land dedication
with a fee payment. If a land dedication of 25% of the required dedication
is made, the subdivider shall also contribute an amount equal to 75%
of the required per unit fee in lieu of land. If a land dedication
of 50% of the required dedication is made, the subdivider shall also
contribute an amount equal to 50% of the required per unit fee in
lieu of land. If a land dedication of 75% of the required dedication
is made, the subdivider shall also contribute an amount equal to 25%
of the required per unit fee in lieu of land.
(3)
The Village shall place any fee collected pursuant to the provisions
of this section in a separate account to be used at the discretion
of the Village Board in any community park, for developing adequate
parks, playgrounds, recreation and open spaces.
C.
Limitations. A subdivider shall not be required to dedicate more
than 1/3 of the total area of the plat to meet the objectives of this
section.
D.
Suitability of lands. The Village Board shall have sole authority
to determine the suitability and adequacy of park lands proposed for
dedication. Drainageways, wetlands or areas reserved for streets shall
not be considered as satisfying land dedication requirements.
E.
Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access.
F.
Utility extensions. The subdivider shall install or provide for installation
of water and sanitary sewer lines to the property line of all dedicated
land, where such services are to be provided to the adjacent properties.
G.
Development of park area.
(1)
When parklands are dedicated to the Village, the subdivider may be
required to:
(a)
Properly grade and contour for proper drainage;
(b)
Provide surface contour suitable for anticipated use of area
as approved by the Utility Operator; and
(c)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seed as specified by the Utility Operator and mulch, 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 unless
otherwise authorized by the Village. The improved area shall not be
deemed officially accepted until a uniform grass cover to a two-inch
height has been established. It shall be the responsibility of the
subdivider to maintain the area until the Village accepts the dedication.
(2)
It shall be the responsibility of the Village to maintain the dedicated
areas upon their dedication and acceptance by the Village.
(3)
A neighborhood park area may be required to be provided by the subdivider
with a standard residential water service unless located directly
adjacent to a fire hydrant. A community park area shall be provided
by the developer with a minimum six-inch water service or at least
one fire hydrant and at least one four-inch sanitary sewer lateral,
all located at the street property line.
(4)
The Village Board may require certification of compliance with this
section by the subdivider. The cost of such report shall be paid by
the subdivider.
(5)
If the subdivider fails to satisfy the requirements of this section,
the Village Board may contract said completion and bill such costs
to the subdivider, following a public hearing and written notice to
the subdivider of noncompliance. Failure to pay such costs may result
in the immediate withholding of all building permits until such costs
are paid.
(6)
The subdivider shall pay all costs of public improvements in the
public streets adjacent to or within all public and/or park lands.
A.
General. The subdivider may be required to pay the Village of Fairwater
all fees as hereinafter required and at the times specified before
being entitled to recording of a plat or certified survey map. At
the time of submission of a plat or certified survey, the Village
Board, at its sole discretion, may require the subdivider to make
a good faith deposit with the Clerk to cover, in all or part, the
expenses anticipated to be incurred by the Village because of the
land division. Unused portions of such fund may be refunded to the
subdivider.
B.
Engineering fee. The subdivider may be required to 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,
including inspections required by the Village. The subdivider shall
pay a fee equal to the actual cost to the Village for such engineering
work and inspection as the Village Board and/or Utility Operator deems
necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the Village or any other governmental authority. Engineering work
shall include the preparation of construction plans, standard specifications
and administration of the engineering work.
C.
Administrative fee. The subdivider may be required to pay a fee to
the Village 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.
D.
Concept plan. There shall be no fee for the Village's review
of a concept or sketch plan of a proposed land division. However,
such reviews shall be conducted only as staff time permits.
E.
Preliminary plat.
(1)
A subdivider who submits a preliminary plat to the Village Board
shall file said preliminary plat with the Village Clerk and shall
deposit with the Village Clerk a fee to cover the costs of reviewing
said application. The fee for a preliminary plat shall be as set by
the Village Board. If the plat is rejected, no part of the fee shall
be returned to the petitioner.
(2)
A reapplication fee as set by the Village Board shall be paid to
the Village Clerk at the time of reapplication for approval or amendment
of any preliminary plat which has previously been reviewed.
F.
Final plat review fee.
(1)
The subdivider shall pay a fee as set by the Village Board per lot
within the final plat to the Village Clerk at the time of first application
for final plat approval of said plat to assist in defraying the cost
of review.
(2)
A reapplication fee as set by the Village Board shall be paid to
the Village Clerk at the time of a reapplication for approval or amendment
of any final plat which has previously been reviewed.
H.
Objecting agency review fees. The subdivider shall transmit all fees
required for state agency review at the time of application. Said
review fees shall be retransmitted to the proper state review agency
by the developer. Said fees shall be applicable, where appropriate,
to review fees required by the Wisconsin Department of Administration,
Wisconsin Department of Transportation, Wisconsin Department of Safety
and Professional Services and the Wisconsin Department of Natural
Resources.
I.
Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Village Clerk shall require a fee pursuant to § 477-18 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
J.
Assessments. All outstanding assessments due to the Village shall
be due prior to the signing of the final plat or certified survey
by the Village.
K.
Cost determination. The subdivider of land within the Village may
be required to reimburse the Village for its actual cost of design,
inspection, testing, construction and associated legal and real estate
fees incurred in connection with the preliminary plat, final plat,
replat or certified survey. The Village's costs shall be determined
as follows:
(1)
The cost of Village employees' time engaged in any way with
the land division based on the hourly rate paid to the employee multiplied
by a factor determined by the Village Clerk to represent the Village's
cost for expenses, benefits, insurance, sick leave, holidays, vacation
and similar benefits.
(2)
The cost of Village equipment employed.
(3)
The cost of mileage reimbursed to Village employees which is attributed
to the land division.
(4)
The actual costs of Village materials incorporated into the work,
including transportation costs plus a restocking and/or handling fee
not to exceed 10% of the cost of the materials.
(5)
All consultant fees, including but not limited to legal and engineering
fees, at the invoiced amount plus administrative costs. Unless the
amount totals less than $50, the Village shall bill the subdivider
monthly for expenses incurred by the Village. Statements outstanding
for more than 30 days shall accrue interest at the rate of 1 1/2%
per month. Bills outstanding for more than 90 days shall be forwarded
to the subdivider's surety agency for payment. Amounts less than
$50 shall be held for billing by the Village until amounts total more
than $50 or until the conclusion of project activities.
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.
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 petitioner, and shall be
supplemented with maps, plans or other additional data which may aid
the Village Board in the analysis of the proposed project. The plans
for such development shall include such covenants, restrictions or
other legal provisions necessary to guarantee the full achievement
of the plan.
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:
(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.
C.
Such relief shall be granted without detriment to the public good and 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 485, Zoning, if applicable, of the Village. A simple 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(1)(b), (c) and (d), Wis. Stats., for a reasonable
time on condition that the subdivider may be required to 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. The Village may institute appropriate action or proceedings
to enjoin violations of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
Any person, firm or corporation who or which fails to comply with
the provisions of this chapter shall, upon conviction thereof, forfeit
no less than $200 nor more than $2,000 and the costs of prosecution
for each violation, and, in default of payment of such forfeiture
and costs, shall be imprisoned in the county jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense.
(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.
C.
Assessor's plat. Assessor's plat made under § 70.27,
Wis. Stats., may be ordered by the Village at the expense of the subdivider
when a subdivision is created by successive divisions.
D.
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, Wis. Stats., 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.
