The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. When not inconsistent
with the context, words used in the present tense include the future,
and words in the singular number include the plural number. The word
"shall" is always mandatory.
ASSOCIATION
All of a subdivision's or condominium's unit owners acting
as a group, either through a non-stock, nonprofit corporation or an
unincorporated association in accordance with its bylaws and declaration.
ASSURANCE
A letter of credit or cash escrow deposited with the Village
as approved by the Director of Community Development for the purposes
of guaranteeing the installation of required improvements and giving
the Village the ability to construct, cause to be constructed, repair
or reconstruct required improvements not constructed or installed,
or not properly constructed or installed.
BLOCK
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of municipalities.
BUILDING SETBACK LINE
A line parallel to a lot line and at a distance from the lot line to comply with the yard and setback requirements of Chapter
435, Zoning, of the Municipal Code.
BUILDING SITE
A parcel of land occupied or intended to be occupied by a structure as permitted under applicable regulations of Chapter
435, Zoning, of the Municipal Code.
CERTIFIED SURVEY MAP
A map of a division of land prepared in accordance with § 236.34, Wis. Stats., and §
419-7 of this chapter.
COMPREHENSIVE PLAN
The development plan, also called a "Master Plan," adopted
by the Village Board pursuant to § 66.1001(3), Wis. Stats.,
including proposals for future land use, transportation, urban development,
and public facilities. Devices for the implementation of these plans,
such as zoning, official map, land division, and building ordinances
and capital improvements programs, shall also be considered a part
of the Comprehensive Plan.
CONDOMINIUM
Property subject to a condominium declaration established under Ch. 703, Wis. Stats., and §
419-9 of this chapter.
CONTIGUOUS
Lots are contiguous when at least one lot line of one lot
touches a lot line of another lot.
CORNER LOT
A lot abutting on two or more intersecting streets.
COUNTY
The County of Winnebago, Wisconsin.
DEVELOPMENT
The act of building structures or installing improvements.
DEVELOPMENT AGREEMENT
An agreement entered into by and between a subdivider and
the Village, with respect to any approved land division, which provides,
among other things, for the design, construction and installation
of required public improvements, the payment for such public improvements,
dedication of land or acceptance of the dedication of completed public
improvements, restrictive covenants running with the land, or other
matters relating to land division, to development and use of land
included in the land division or to the administration and enforcement
of the agreement.
DOUBLE FRONTAGE LOT
An interior lot having road frontage on the front and on
the rear of the lot.
DWELLING UNIT
The building, or group of rooms within a building, where
one person or a group of persons resides as a family unit.
EASEMENT
A grant by a property owner for use of a parcel of land by
the public or any person for any specific purpose or for purposes
of access or constructing and maintaining utilities, including but
not limited to sanitary sewers, water mains, electric lines, telephone
lines, other transmission lines, storm sewer, storm drainageways,
gas lines, or other service utilities.
ENGINEER
A professional engineer licensed by the State of Wisconsin.
FINAL PLAT
A map or plan of a subdivision and any accompanying material as described in §
419-6 of this chapter.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
Horizontal surface which has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by rainwater. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay, as well as streets, roofs, sidewalks,
parking lots and other similar surfaces.
IMPROVEMENT
Any sanitary sewer, storm sewer, open channel, water main,
roadway, parkway, public access, curb and gutter, sidewalk, pedestrianway,
planting strip, or other facility for which the Village may ultimately
assume the responsibility for maintenance and operation.
LAND DIVISION
For the purpose of this chapter shall include subdivisions,
condominiums and minor land divisions.
LOT
A designated parcel or area of land established by plat,
subdivision, or as otherwise permitted by law.
LOT AREA
The total square footage within the boundaries of a lot,
excluding any public rights-of-way.
LOT LINE
The peripheral boundaries of a parcel of land.
MINOR LAND DIVISION
The creation of one but not more than four parcels or building
sites which divide land into a parcel or parcels of 1 1/2 acres
or smaller in size. Minor land divisions shall be created by certified
survey maps. Not more than four parcels may be created by means of
minor land division procedures within any five-year period from a
lot, outlot, parcel or tract which existed on the effective date of
this chapter.
OBSTRUCTION
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge conduit, culvert,
building, opaque fence, wire fence, rock gravel, refuse, fill, structure
or matter in, along, across, or projecting into any channel, watercourse,
drainageway, or regulatory flood hazard area which may impede, retard,
or change the direction of the flow of water, either in itself or
by batching or collecting debris carried by such water.
OFFICIAL MAP
A map adopted pursuant to § 62.23, Wis. Stats.,
for the precise designation of the right-of-way line and site boundaries
of streets, highways, parkways, parks, and playgrounds, both existing
and proposed.
OPEN SPACE
A natural or man-made landscaped area not occupied by any
structures, buildings, or impervious surfaces.
OWNER
Any person having sufficient proprietary interest in the
land sought to be subdivided to commence and maintain proceedings
to subdivide the land under this chapter.
PARCEL
A designated lot or area of land established by plat, minor
land division or as otherwise permitted by law.
PEDESTRIANWAY
A right-of-way, however designated, across or within a block,
for use by pedestrian traffic.
PLAT
A map, graphics, or drawing which graphically delineates
the boundary of land parcels for the purpose of identification and
record title. The plat is a recorded, legal document and must conform
to all Wisconsin Statutes.
PRELIMINARY PLAT
A map showing the salient features of a proposed subdivision submitted to the Planning Commission for purposes of preliminary consideration as described in §
419-5 of this chapter.
PROPERTY LINE
The legal boundaries of a parcel of property that may or
may not coincide with platted lot lines or street right-of-way.
REPLAT
The process of changing, or the map or plat which changes,
the boundaries of a recorded subdivision plat, certified survey map,
or part thereof. The legal dividing of a large block, lot, or outlot
within a recorded subdivision plat or certified survey map without
changing exterior boundaries of said block, lot, or outlot is not
a replat.
SETBACK
The required distance a structure must be located from a
lot line, easement, right-of-way, adjacent building, or other feature
as indicated in this chapter.
SEWER SERVICE AREA
The area expected to be served by public sanitary sewer and
water utility as mapped by East Central Regional Planning Commission.
STREET
A dedicated right-of-way affording primary access by pedestrians
or vehicles to abutting property.
A.
ALLEYA local way, intended mainly to provide secondary access for vehicular traffic to abutting properties.
C.
CUL-DE-SACA short local street having one end open to traffic and being permanently terminated by a vehicle turnaround.
E.
DEAD-END STREETAny local street, other than a cul-de-sac, which has only one outlet.
F.
LIMITED ACCESS STREETA street to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
STRUCTURE
Any erection or construction, such as but not limited to
buildings, towers, masts, booms, signs, decorations, carports, machinery
and equipment, and fences.
SUBDIVIDER
Any person, firm, or corporation, or agent thereof, dividing,
or proposing to divide, land resulting in a subdivision, condominium,
minor land division (certified survey map), or replat.
SUBDIVISION
The division of a lot, parcel, or tract of land by the owners
thereof or their agents for the purpose of sale or of building development,
where:
A.
The act of division creates five or more parcels or building
sites of 1 1/2 acres each or less in area; or
B.
Five or more parcels or building sites of 1 1/2 acres each
or less in area are created by successive divisions within a period
of five years.
SURVEYOR
A land surveyor licensed by the State of Wisconsin.
UNIT, CONDOMINIUM
A part of a condominium intended for any type of independent
use, including one or more cubicles of air at one or more levels of
space or one or more rooms or enclosed spaces located on one or more
floors in a building.
VILLAGE
The Village of Fox Crossing, Wisconsin.
VILLAGE BOARD
The Village Board of the Village of Fox Crossing, Wisconsin.
VILLAGE CLERK
The Clerk of the Village of Fox Crossing, Wisconsin.
The approval of every final plat shall be conditioned upon the
subdivider entering into a development agreement with the Village.
The development agreement shall be in a form drafted or approved by
the Village Attorney. No building or structure shall be constructed
or site improvements begun within the land division until a development
agreement has been approved. The Village Board may waive the development
agreement when no public improvements are required in conjunction
with the plat. The development agreement shall include, but is not
limited to:
A. Responsibility for improvements. The applicant for approval of every
final plat shall be responsible for the design, construction, and
installation of all required and agreed upon improvements which serve
the land division at their full cost and expense, and for maintenance
thereof unless and until accepted by the Village, in conformance with
all state and Village laws, rules and regulations.
B. Land dedications. The development agreement shall provide for land
dedications where required by this chapter and agreed upon, with time
frames for accomplishment.
C. Acceptance of public improvements. Public improvements which serve
land divisions shall not be deemed dedicated for a public purpose
until respectively accepted by the Village as being fully functional
and in conformance with the development agreement, applicable plans
and specifications, and Village ordinances and compatible with attached
and adjacent systems, facilities and improvements.
D. Assurances. The development agreement shall provide for an assurance,
which shall guarantee the construction, installation and maintenance
of improvements in compliance with the development agreement and this
chapter.
E. Guarantees and warranties. The Village shall require reasonable guarantees
and warranties respecting any improvements installed or constructed
by or through the subdivider.
F. Enforcement. Certificates of use and occupancy may be withheld with
respect to any parcel of property within an approved final plat until
the Department of Community Development certifies that the requirements
of this chapter have been met. In the event any work specified in
the development agreement is not completed in accordance with the
development agreement and this chapter, the Village may do or cause
said work to be done and charge the cost thereof against any posted
assurance or charge the benefited property through a special assessment
where there is no applicable or insufficient assurance. Any guarantee
or warranty shall remain in effect and be enforced to the full extent
of the law.
The purpose of the park and open space land dedication or fees
in lieu of land is to ensure that adequate park and open space areas
are available within or near new developments. The subdivider shall
provide and dedicate to the Village adequate land to provide for park,
recreation, and open space needs within the Village. The location
of such land to be dedicated shall be determined by the Planning Commission
based upon a recommendation from the Park Commission. Where a land
dedication is not compatible with the Comprehensive Plan or the Park
and Open Space Plan, or for other reasons advised by the Planning
Commission, the subdivider shall, in lieu thereof, pay a fee to meet
this requirement in whole or on a prorated basis.
A. Land dedication requirement. Upon a recommendation from the Park
Commission, the Planning Commission shall determine whether the dedication
of land for parks or fee in lieu thereof will better serve the public
interest. Where land is to be dedicated, the park and open space land
dedication shall be a number of square feet per dwelling unit as set
forth in the Village Fee Schedule, reference this Code section. If
no particular number of dwelling units is proposed, the requirements
shall be based on the following conditions:
(1) The number of dwelling units permitted by right under the proposed
land division; and
(2) The zoning in effect at the time of submittal.
(a)
Land dedicated for trails shall be credited towards a subdivider's
park and land dedication requirements only where right-of-way is dedicated
to the Village for purposes of meeting the officially mapped ultimate
right-of-way width where trails are identified in the Comprehensive
Plan; in no other case shall trails be credited.
(b)
Lands dedicated for stormwater management shall not be credited
towards a subdivider's park and land dedication requirements.
(c)
All dedicated lands shall be accompanied by an environment assessment
indicating that such lands present no environmental hazard and will
not require environmental mitigation or remediation measures. A core
soil sample test shall be administered and results submitted to the
Parks and Recreation Department. No core soil sample test shall be
required under trail right-of-way. Said environmental assessment and
soil test shall be paid for at the subdivider's expense.
B. Fees in lieu of land dedication. The park and open space fee in lieu
of land fee shall be as set forth in the Village Fee Schedule, reference
this Code section. The fee is due prior to the recording of the final
plat.
C. Allocation of fees. The fees received by the Village shall be placed
in a separate nonlapsing account (Park and Open Space Fund), separate
from the Village General Fund. The Park and Open Space Fund shall
be used exclusively for the acquisition and development of new parks,
recreation, and other open space areas.
D. Development of park area.
(1) When parklands are dedicated, development of such land is to be completed
as soon as 50% of the lots in the subdivision are sold, and the subdivider
is required to:
(a) Properly grade and contour for proper drainage.
(b) Provide surface contours suitable for the anticipated use of each
area as determined by the Parks and Recreation Department.
(2) It shall be the responsibility of the subdivider to maintain the
area until the Village accepts the dedication. The improved area shall
not be deeded and officially accepted until all the following specifications
are met:
(a)
Areas to be seeded are covered with a minimum of six inches
of quality topsoil, seed, fertilize, and mulch, as specified by the
Parks and Recreation Department. When possible, original subsoil shall
be left undisturbed and the use of heavy equipment, other than final
grading and seeding, shall be minimized.
(b)
Original soil must be equal to or greater than the initial original
soil with a minimum of six inches.
(c)
Final grading and seeding must occur within one year following
issuance of the first building permit within the land division unless
otherwise authorized by the Director of Community Development or Village
Engineer.
(d)
Two inches of uniform grass height has been established, and
a minimum of six mowings have occurred.
(3) Acceptance of parklands. Parklands which are to be dedicated to the public under this chapter shall not be deemed dedicated for a public purpose until respectively accepted by the Village as being fully functional and in conformance with the provisions of Subsection
D(1) and
(2) above.
(4) Assurances. The subdivider shall provide for a financial assurance, either through a surety bond, letter of credit, or cash escrow, which shall guarantee the construction, installation and maintenance of improvements in compliance with the provisions of Subsection
D(1) and
(2) above. The financial assurance shall be in the amount estimated for construction, installation and maintenance of improvements and shall be reviewed by the Village Engineer to verify estimates.
(5) Guarantees and warranties. The Village shall require reasonable guarantees
and warranties respecting any improvements installed or constructed
by or through the subdivider.
E. Neighborhood and community parks. When the parkland to be dedicated
is determined by the Parks and Recreation Department to be a neighborhood
park or community park, the following shall apply:
(1) Utilities.
(a)
Neighborhood park. The subdivider shall install or cause to
be installed a standard residential water service. This requirement
may be waived by the Park Commission and Planning Commission if the
parkland is located directly adjacent to a fire hydrant.
(b)
Community park. The subdivider shall install or cause to be
installed 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.
(2) The Village Engineer shall require a certification of compliance
with this section, and the subdivider shall pay the cost of such report.
F. Failure to satisfy requirements. If 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 in the land division until such costs are paid.
G. Right of refusal. The number, size, and location of all dedications,
reservations or easements shall be subject to approval, and the Planning
Commission shall ascertain that the proposed sites are suitable for
the proposed uses. The Village Board retains the right to refuse any
dedication.
H. Dwelling unit fee established. The Village Board shall establish
a fee as set forth in the Village Fee Schedule, reference this Code
section, which shall be adjusted December 31 of every year to be effective
January 1 of each fiscal year based on the Engineering News Record
Construction Cost Index. Proof of payment of the fee shall be required
prior to issuance of the building permit.