[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 6 of the former
Municipal Code, amended 3-23-2009 and 2-8-2016.
A.
Authority. 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.
B.
Title. This chapter shall be known as, referred to, or cited as the
"Village of Fox Crossing Land Division Ordinance."
C.
Purpose. This chapter is enacted for the following purposes:
(1)
To promote the public health, safety, comfort, convenience, prosperity
and general welfare; to conserve, protect and enhance property and
property value; and to secure the most appropriate use of land.
(2)
To promote orderly growth and development; to further the orderly
layout and use of land; to afford adequate, safe, convenient means
of traffic circulation for the public; to lessen congestion in the
streets and highways; to provide for proper ingress and egress; to
provide for adequate light and air; to protect vegetation; to lessen
the impacts of noise from highways; to facilitate adequate but economical
provisions for water, sewerage and other public improvements; and
to safeguard the public against flood damage.
(3)
To prescribe reasonable rules and regulations governing the land
division and platting of land, the preparation of plats, the location,
width, and course of streets and highways, the installation of utilities,
street pavements and other essential improvements, and the provision
of necessary public grounds for schools, parks, playgrounds and other
public open spaces and to promote proper monumenting of subdivided
land and conveyancing by accurate legal description.
(4)
To establish procedures for submission, approval, and recording of
plats and to provide the means for enforcement and to provide penalties
for violations.
D.
Abrogation and greater restrictions.
(1)
It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, ordinances, other than as stated in Subsection G, rules, regulations, or permits previously adopted or issued pursuant to law.
(2)
However, where this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
E.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to the minimum requirements and shall
be liberally construed in favor of the Village and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes.
F.
Severability. If any section, portion, or provision of this chapter
is invalid or unconstitutional, or if the application of this chapter
to any person or circumstances is adjudged invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the other provisions or applications of this chapter
which can be given effect without the invalid or unconstitutional
provision or application.
G.
Repeal. It is intended by this chapter to repeal the Subdivision Control Ordinance for the Village of Fox Crossing, as previously adopted, and create this chapter as titled in Subsection B of this section. All other ordinances or parts of ordinances of the Village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.
H.
When effective. This chapter shall be effective after adoption by
the Village of Fox Crossing Village Board and publication or posting
as provided by law. Amendments hereto shall be made only after notice
and public hearing.
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.
To border upon.
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.
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.
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.
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.
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.
A map of a division of land prepared in accordance with § 236.34, Wis. Stats., and § 419-7 of this chapter.
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.
Property subject to a condominium declaration established under Ch. 703, Wis. Stats., and § 419-9 of this chapter.
Lots are contiguous when at least one lot line of one lot
touches a lot line of another lot.
A lot abutting on two or more intersecting streets.
The County of Winnebago, Wisconsin.
The act of building structures or installing improvements.
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.
An interior lot having road frontage on the front and on
the rear of the lot.
The building, or group of rooms within a building, where
one person or a group of persons resides as a family unit.
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.
A professional engineer licensed by the State of Wisconsin.
The unincorporated area within 1 1/2 miles of a fourth-class
city or village and within three miles of all other cities.
A map or plan of a subdivision and any accompanying material as described in § 419-6 of this chapter.
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.
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.
For the purpose of this chapter shall include subdivisions,
condominiums and minor land divisions.
A designated parcel or area of land established by plat,
subdivision, or as otherwise permitted by law.
The total square footage within the boundaries of a lot,
excluding any public rights-of-way.
The peripheral boundaries of a parcel of land.
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.
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.
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.
A natural or man-made landscaped area not occupied by any
structures, buildings, or impervious surfaces.
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.
A designated lot or area of land established by plat, minor
land division or as otherwise permitted by law.
A right-of-way, however designated, across or within a block,
for use by pedestrian traffic.
The Planning Commission of the Village of Fox Crossing, Wisconsin.
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.
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.
The legal boundaries of a parcel of property that may or
may not coincide with platted lot lines or street right-of-way.
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.
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.
The area expected to be served by public sanitary sewer and
water utility as mapped by East Central Regional Planning Commission.
A dedicated right-of-way affording primary access by pedestrians
or vehicles to abutting property.
ALLEYA local way, intended mainly to provide secondary access for vehicular traffic to abutting properties.
ARTERIAL STREETA street designated for large volumes of traffic.
CUL-DE-SACA short local street having one end open to traffic and being permanently terminated by a vehicle turnaround.
COLLECTOR STREET or FEEDER STREETA street intended to carry traffic from local streets to an arterial street and to provide circulation within neighborhood areas.
DEAD-END STREETAny local street, other than a cul-de-sac, which has only one outlet.
LIMITED ACCESS STREETA street to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
LOCAL STREET or MINOR STREETA street designated primarily to provide direct access to abutting properties, usually residential.
MARGINAL ACCESS STREET or SERVICE ROADA local street parallel and adjacent to a street, which provides access to abutting properties and protection from through traffic.
Any erection or construction, such as but not limited to
buildings, towers, masts, booms, signs, decorations, carports, machinery
and equipment, and fences.
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.
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 land surveyor licensed by the State of Wisconsin.
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.
The Village of Fox Crossing, Wisconsin.
The Village Board of the Village of Fox Crossing, Wisconsin.
The Clerk of the Village of Fox Crossing, Wisconsin.
A.
Jurisdiction. Jurisdiction of these regulations shall include all
lands and waters within the Village of Fox Crossing. The provisions
of this chapter, as they apply to land divisions of tracts of land,
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 and all lots meet all specifications
required by this chapter or other applicable laws or ordinances.
B.
Compliance. No person, firm, corporation, limited liability company,
partnership, or any other business organization shall divide any land
within the jurisdictional limits of these regulations which results
in a subdivision, condominium, minor land division, or a replat as
defined herein; no such subdivision, minor land division, or replat
as defined herein shall be entitled to recording; and no street shall
be laid or public improvement made to land without compliance with
all requirements of this chapter and the following:
(1)
The provisions of Ch. 236, Wis. Stats.;
(2)
The rules of the Wisconsin Department of Safety and Professional
Services;
(3)
The rules of the Wisconsin State Department of Transportation relating
to safety of access and the preservation of the public interest and
investment in the highway system if the land owned or controlled by
the subdivider abuts on a state trunk highway or connecting street;
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administration 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 Planning
Commission or Village Board;
(6)
Lands shall lie within the sewer service area of the municipality;
and
(7)
All applicable local and county regulations, including but not limited
to zoning, sanitary, building, and any official mapping ordinances.
C.
Dedication and reservation of lands. Whenever a tract of land to
be divided or developed within the jurisdiction of this chapter encompasses
all or any part of a street, highway, drainageway, floodplain, or
other public way which has been designated on a duly adopted Village
or regional comprehensive plan or is in any way determined to be such
by the Planning Commission or Village Board, said public way shall
be dedicated or reserved by the owner in the locations and dimensions
indicated on said plan or component and as set forth in this chapter.
D.
Survey monuments. Before final approval of any land division within
the Village, the owner shall install survey monuments placed in accordance
with the requirements of § 236.15, Wis. Stats., and as may
be required by the Village Board. The Village Board may waive the
placing of monuments required under § 236.15(1)(b), (c)
and (d), Wis. Stats., for a reasonable time, not to exceed one year,
on the condition that the subdivider execute a letter of credit or
cash escrow to ensure the placing of such monuments required by statute.
E.
Land suitability. No land shall be subdivided for residential, commercial,
industrial, or institutional use which is determined to be unsuitable
for the proposed use by the Planning Commission or Village Board for
reasons of flooding, inadequate drainage, adverse soil or rock formation,
unfavorable topography or any other feature likely to be harmful to
the health, safety or welfare of the future residents of the proposed
subdivision, minor land division or of the Village. In addition:
(1)
Floodlands. Subdivided lots shall have at least 50% of the minimum
required lot area, based upon the respective zoning district, at least
two feet above the elevation of the one-hundred-year reoccurrence
interval flood.
(2)
Grading. Subdivided lots shall have at least 50% of the minimum required
lot area, based upon the respective zoning district, in slopes of
less than 12%. Lands having a slope of 20% or greater shall be maintained
in permanent open space use, unless the following items are submitted
to the Village of Fox Crossing Department of Community Development
and the Village's Engineer for review and approval prior to the issuance
of a building permit. The application for a building permit shall
be accompanied by a drainage and grading plan, an erosion control
plan, a plot plan, and a building foundation design plan prepared
by a licensed professional civil engineer or structural engineer registered
in the State of Wisconsin, trained and experienced in the practice
of geotechnical engineering. The engineer shall provide the design
and supervision such that, in the engineer's opinion, the development
does not and will not compromise in any way the stability of the soil
on site or soil on lands which are adjacent, and will not cause or
contribute to such soils becoming susceptible to land slip, landslide,
rock fall, mud flow, debris flow, erosion, slumping, settling or other
such occurrence.
(a)
Any subdivided lot containing slopes of 20% or greater shall
be identified on the face of the final plat or certified survey map
as being subject to the requirements and restrictions described above.
(3)
Poor drainage. Land subject to ponding, poor permeability or poor
drainage, or for other causes as determined by the Planning Commission,
or its designated agent, and if said land is not zoned as a conservancy
or wetland-floodplain district on an applicable zoning district map,
in which buildings are prohibited, shall be subject to the following
requirements:
(a)
If said land is designated as park, parkway, other open space,
or other public use on an official map of the Village of Fox Crossing,
the developer shall dedicate said land to the Village or county, but
in any case must reserve said land for not less than two years for
acquisition by the Village or county.
(b)
If said land is not designated as a park, parkway, or other
public use on an official map, then the developer shall cause said
land to be carried in a private easement in the individual deeds affected
thereby, and no permit shall be issued for a building therein.
(c)
In lieu of the requirements set forth in Subsection E(1), the developer may, at his expense, prepare a development proposal for the problem area. It shall be submitted for the Planning Commission's approval and shall be accompanied by a site plan and adequate engineering data to ensure that the public health, safety and welfare will not be violated if approved, and provide a surety bond to the approving municipality to ensure that such will be done at a specified time if approved.
(4)
Floodable conditions/drainageways. If floodplains have been determined
and are delineated on an applicable zoning district map, or as determined
by the Planning Commission from sources available to it, the subject
platting shall be designated accordingly so that all building sites
have sufficient area for the efficient operation of a private disposal
system and so that the lowest floor level of a building shall be two
feet above the normal high-water line. In designing plats, drainage
easements shall be shown on the plan where conditions warrant and
as determined by the Planning Commission, or as determined by sources
available to it, and building permits shall not be issued therein.
(5)
Adverse soil and rock formation. Soil suitability rating for a proposed
subdivision shall be determined by the Planning Commission from sources
available to it. The Planning Commission shall determine the minimum
lot size required if public sewer is not available even though the
minimum lot size allowed under the zoning is less than the soil rating
might require. In order to determine the precise location of soil
boundaries, on-site investigation by soil scientists may be necessary,
but in areas where no public sewer is available, this investigation
is mandatory and may be made by a professional surveyor, engineer
or soil scientist at the expense of the developer, and according to
procedures established by the Wisconsin Department of Safety and Professional
Services. Where soil interpretations determine that a tract of land
is unsuitable for development under existing conditions, the developer
may submit a proposal for development indicating how, through site
and engineering design, the soil problems can be overcome. The proposal
shall include a site plan and adequate engineering data before approval
of the development can be granted by the Planning Commission. If this
plan is approved, the developer shall provide a surety bond to the
approving municipality to ensure that such will be done at a specified
time.
(6)
Lands made, altered or filled with non-earth materials within the
preceding 20 years shall not be divided into building sites which
are to be served by soil absorption sewage disposal systems.
(7)
Lands made, altered or filled with earth within the preceding seven
years shall not be divided into building sites which are to be served
by on-site soil absorption sewage disposal systems.
(8)
Lands having bedrock within six feet of the natural undisturbed surface
shall not be divided into building sites to be served by on-site soil
absorption sewage disposal systems.
(9)
Lands having groundwater within six feet of the natural undisturbed
surface shall not be divided into building sites to be served by soil
absorption sewage disposal systems.
(10)
Lands drained by farm drainage tile or farm ditch systems shall
not be divided into building sites to be served by on-site soil absorption
sewage disposal systems.
(11)
The Planning Commission, in applying the provisions of this Subsection E, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for residential, commercial, industrial, or institutional use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he or she so desires. Thereafter, the Planning Commission may affirm, modify, or withdraw its determination of unsuitability.
F.
Existing flora. The subdivider shall make every effort to protect
and retain all healthy trees and vegetation within a subdivision or
minor land division to the mutual agreement of the Village and developer.
Any trees identified for protection and preservation during construction
shall be done so in accordance with sound conservation practices,
possibly including the preservation of trees by well islands or retaining
walls whenever abutting grades are altered.
G.
Variance.
(1)
Application for a variance shall be made to the Department of Community
Development and Village Clerk who shall provide notice of time and
place of hearing by publication of a Class 1 notice under Ch. 985,
Wis. Stats.
(2)
A copy of such notice shall be mailed to all property owners within
300 feet of the subject site. Notice of hearing shall be mailed at
least 14 days prior to hearing date. The applicant shall be responsible
for payment of a hearing fee as set forth in the Village Fee Schedule,
reference this Code section.
(3)
When the Planning Commission or Village Board finds that extraordinary
hardship or injustice will result from strict compliance with this
chapter, it may vary the terms thereof to the extent deemed necessary
and proper to grant relief, provided that the modification meets the
following three standards:
(4)
Any variance recommendation shall include, at minimum, that the variance
will not violate the purpose of this chapter or provisions of Ch.
236, Wis. Stats.
H.
Modification of regulations. When the Planning Commission or Village
Board finds that extraordinary hardship or injustice will result from
strict compliance with this chapter, it may vary the terms thereof
to the extent deemed necessary and proper to grant relief, provided
that the modification meets the following three standards:
(1)
The modification is due to physical features of the site or its location.
(2)
The modification is the least deviation from this chapter which will
mitigate the hardship.
(3)
The modification is not detrimental to the public interest and is
in keeping with the general spirit and intent of this chapter.
I.
Enforcement, penalties and remedies.
(1)
Violation. Construction or other activities contrary to the approved
subdivision, minor land division or replat, or in the absence of an
approved subdivision, minor land division or replat, shall be a violation
of this chapter.
(2)
Penalty. Any person, firm, or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, pay forfeiture as set forth in Chapter A450, Fines and Penalties, reference this Code section, plus the cost 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 violation and each day a violation exists or continues shall constitute a separate offense. In addition, the remedies authorized by §§ 236.30, 236.31 and 236.32, Wis. Stats., shall be available to the Village.
(3)
Issuance of building permits. The Village shall not issue any building
permit relating to any parcel of land forming all or any part of lands
included in a subdivision, condominium, minor land division, or replat,
or originally submitted to the Village until the final plat or certified
survey map has been recorded and until all improvements required by
the Village have been installed.
A.
Pre-platting requirements.
(1)
Pre-platting conference. Prior to the filing of an application for
the approval of a preliminary plat, condominium plat, or minor land
division (certified survey map) within the Village, the subdivider
shall consult with the Department of Community Development in order
to obtain its advice and assistance with the following factors:
(2)
This consultation 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 the development.
In so doing, the subdivider will gain a better understanding of the
subsequent required procedures.
B.
Required information. The following information shall be submitted
to the Village at the pre-application stage: a sketch plan that shows:
(1)
The title, scale, North point, and date;
(2)
Name, address, and phone number of the subdivider or agent;
(3)
The boundaries of the property to be developed;
(4)
Total acreage of the land division, the number of lots/units proposed,
and the square footage, width and depth of the typical lot;
(5)
Natural characteristics such as drainage, wetlands, steep slopes,
hills, ridges, floodplains, environmentally sensitive lands, and wooded
areas;
(6)
Development characteristics such as surrounding streets, existing
structures, and available utilities;
(7)
The proposed layout of streets, blocks, and lots;
(8)
Dedications or reservations required by these regulations;
(9)
The proposed location of commercial areas, parks, and other nonresidential
areas;
(10)
Existing easements and covenants affecting the property; and
(11)
Where site conditions permit, any tract subdivided into parcels
containing one or more acres shall be arranged to allow future resubdivision
of any parcels into smaller lots.
A.
Submission of preliminary plat.
(1)
Submission. Before submitting a final plat for approval, the subdivider shall submit a preliminary plat prepared by a professional land surveyor, a preliminary drainage plan, and a feasibility plan both prepared by a licensed engineer, a letter of application, and the necessary fees at least 15 days prior to the meeting of the Planning Commission at which action is desired. The preliminary plat, preliminary drainage plan, and feasibility plan shall be prepared in accordance with this chapter, and the preliminary plat shall comply with the procedures for approval of plats of Ch. 236, Wis. Stats., this section and § 419-13.
(2)
Referral of preliminary plat to objecting agencies. The subdivider
shall, pursuant to § 236.12, Wis. Stats., submit the original
drawing of the preliminary plat directly to the objecting agencies
and one copy to East Central Regional Planning Commission. It shall
be the responsibility of the subdivider to submit the additional copies
required by this chapter.
(3)
Referral of preliminary plat to Village departments and regional
agencies. The subdivider shall file 16 copies of the preliminary plat
and one copy on ledger size paper, plus a digital copy of the plat
file in AutoCAD or compatible form by electronic mail or compact disc,
fees as set forth in the Village Fee Schedule, reference this Code
section, and the necessary applications with the Village Clerk. The
Village Clerk shall retain one copy of the preliminary plat and forward
the other 15 copies and ledger copy, plus the compact disc, to the
following departments and regional agencies:
(4)
Referral of preliminary drainage plan and feasibility plan to Village
departments. The subdivider shall file five copies of the preliminary
drainage plan and one copy on ledger size paper, five copies of the
feasibility plan and one copy on ledger size paper, plus a digital
copy of the plan files in AutoCAD or compatible form by electronic
mail or compact disc, and fees as set forth in the Village Fee Schedule,
reference this Code section, with the Village Clerk. The Village Clerk
shall retain one copy of the preliminary drainage plan and feasibility
plan and forward the other four copies, plus the ledger copy, to the
following departments:
(a)
One copy and ledger copy of each of the plans, fees, plus the
compact disc to the Department of Community Development;
(b)
One copy of each of the plans to the Street Department;
(c)
One copy of each of the plans to Fox Crossing Utilities; and
(d)
One copy of each of the plans to the Village Engineer.
B.
Preliminary plat review and approval.
(1)
Notification. The Department of Community Development shall schedule
a public hearing before the Planning Commission when a preliminary
plat within the Village is filed and shall cause notices of the proposed
preliminary plat and public hearing to be mailed to the owners of
all properties within the limits of the exterior boundaries of the
proposed preliminary plat and to the owners of all properties within
300 feet of the exterior boundaries of the proposed preliminary plat
at least 14 days prior to the Planning Commission meeting at which
action is desired.
(2)
Review and decision by Park Commission. The Park Commission shall, within 30 days of the date of filing of a preliminary plat with the Village Clerk, make a recommendation to the Planning Commission to accept parkland dedication or fees in lieu of parkland dedication as regulated in § 419-12, except the following:
(a)
Parkland dedication or fees in lieu of parkland dedication for
a land division of 10 dwelling units or fewer shall be at the discretion
of the Director of Community Development upon consultation with the
Director of Parks and Recreation.
(3)
Review and decision by Planning Commission. The Planning Commission
shall, within 60 days of the date of the filing of a preliminary plat
with the Village Clerk, recommend approval, conditional approval,
or rejection of such plat to the Village Board unless the time is
extended by agreement in writing between the Village and the owner.
The subdivider shall be notified in writing by the Department of Community
Development of approval, any conditions of approval, or the reasons
for rejection.
(4)
Review and Decision by Village Board. After receipt of the Planning
Commission's recommendation, the Village Board shall, within 90 days
of the date of the filing of a preliminary plat with the Village Clerk,
approve, conditionally approve, or reject such plat unless the time
is extended by agreement in writing between the Village and the owner.
The subdivider shall be notified in writing by the Village Clerk of
approval, any conditions of approval, or the reasons for rejection.
(5)
Failure to act. Failure of the Village Board to act within 90 days,
or extension thereof, constitutes an approval of the preliminary plat,
unless other authorized agencies object to the preliminary plat.
(6)
Effect of approvals. Approval or conditional approval of a preliminary
plat shall not constitute automatic approval of the final plat, except
that if the final plat, or the final plat of Phase 1 of the preliminary
plat, is submitted within six months of preliminary plat approval
and conforms substantially to the preliminary plat layout, and all
conditions imposed as part of the preliminary plat approval have been
satisfied, the final plat shall be entitled to approval with respect
to such layout. Final plats of subsequent phases of the preliminary
plat submitted within 24 months of preliminary plat approval and conforming
substantially to the preliminary plat layout shall be entitled to
approval with respect to the preliminary plat as indicated in § 236.11(1)(b),
Wis. Stats. 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 Planning Commission and Village Board at the
time of its submission.
(7)
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, the subdivider may resubmit the
amended plat which shall follow the procedure of this section for
preliminary plats, except for the fee, unless the amendment is, in
the opinion of the Director of Community Development, of such scope
as to constitute a new plat, in which case it shall be refiled as
a new preliminary plat.
C.
Technical requirements for preliminary plats.
(1)
General. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a professional land surveyor, shall comply in all respects with the requirements of Ch. 236, Wis. Stats., shall comply with the design standards set forth in § 419-10 of this chapter, shall be provided digitally by electronic mail or on compact disc in an AutoCAD compatible format, shall be prepared on reproducible paper of good quality at a scale of not more than 100 feet to the inch, shall be provided on reproducible paper of good quality and at a scale suitable to a ledger paper size, and the preliminary plat shall show correctly on its face the following information:
(a)
Title or name under which the proposed subdivision is to be
recorded. Such title shall not be the same as or similar to a previously
recorded plat, unless the plat is an addition by the same owner to
a previously recorded plat and is so stated on the plat;
(b)
"Preliminary plat" shall be clearly marked on the plat;
(c)
Property location of the proposed subdivision by government
lot, quarter section, township, range, county, and state;
(d)
Date, scale, and North arrow;
(e)
Names, addresses, and telephone numbers of the owner, subdivider,
and land surveyor preparing the plat;
(f)
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 Director of Community Development may waive this requirement where
it is unnecessary to fulfill the purposes and intent of this chapter
and undo hardship would result from strict application thereof; and
(g)
General location sketch showing the location of the subdivision
within the U.S. Public Land Survey section oriented on the sheet in
the same direction as the main drawing.
(2)
Plat data. All preliminary plats shall show the following:
(a)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the U.S. Public
Land Survey and the total acreage encompassed thereby.
(b)
Locations of all existing property boundary lines, structures,
including the use and setback dimensions to existing and proposed
property lines, driveways, lakes, streams and watercourses, marshes,
wetlands, rock outcrops, wooded areas, railroad tracks and other significant
features within the tract being subdivided or immediately adjacent
thereto. Delineation of all wetlands, shoreland/wetlands, isolated
natural areas and primary environmental corridors shall be based on
field staking by an agency or firm certified to make such delineation
by the federal government or the Wisconsin Department of Natural Resources.
(c)
Location, right-of-way width, and names of all existing and
proposed 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.
(d)
Location and names of any adjacent subdivisions, parks and cemeteries
and owners of record of abutting platted and unplatted lands.
(e)
Reference to an established benchmark on USGS datum.
(f)
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.
All elevations shall be based on the verified datum plan of the USGS.
(g)
Location, size, and invert elevation of any existing sanitary
or storm sewers, culverts and drainpipes, the location of public and
private manholes, catch basins, hydrants, and 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 sanitary or storm
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. All elevations shall be
based on the verified datum plan of the USGS.
(h)
All lands reserved for future public dedication 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 shall be submitted with the
plat. A note shall be placed on the face of the plat noting ownership
and maintenance of all common use areas and that deed restrictions
are on file at the County Register of Deeds' office.
(i)
Special restrictions required by the Village and any other agency
relating to access control along public ways, the provision of planting
strips, access restrictions, reservation of wetlands and environmental
corridors, more restrictive yard requirements, or special restrictions
for environmentally significant lands.
(j)
Corporate limit lines within the exterior boundaries of the
plat or immediately adjacent thereto.
(k)
Existing zoning on and adjacent to the proposed subdivision
and minimum lot size requirements shall be shown.
(l)
Building setback lines.
(m)
Existing and proposed contours at vertical intervals of not
more than two feet where the slope of the ground surface is less than
10%, and not more than five feet where the slope of the ground surface
is 10% or more. All elevations shall be based on the verified datum
plan of the USGS.
(n)
Normal and high-water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the plat or
located within 100 feet therefrom, all based on the verified datum
plan of the USGS.
(o)
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.
(p)
Location and results of soil boring 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. The results of such tests shall be submitted along
with the preliminary plat.
(q)
Location and results of percolation tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 383, Wis.
Adm. Code, where the subdivision will not be served by public sanitary
sewer service. The results of such tests shall be submitted along
with the preliminary plat.
(r)
Approximate dimensions of all lots together with proposed lot
and block numbers assigned in consecutive order. The area in square
feet of each lot shall be provided.
(s)
Location and approximate dimensions and size 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 platting.
(t)
Approximate radii of all curves.
(u)
Any proposed lake and stream access with a drawing clearly indicating
the location of the proposed subdivision in relation to access.
(v)
Any proposed lake and stream improvement or relocations.
(w)
Meander lines if a subdivision borders a lake or stream shore;
the distances and bearings of a meander line shall be shown.
(x)
Tabulation of gross area, street area, other dedicated and reserved
area, net subdivided area, number of lots, average lot size, typical
lot dimensions and linear feet of streets.
(y)
A draft of all types of restrictions/covenants placed on the
land.
(z)
Where the Planning Commission, Director of Community Development
or Village Engineer finds that it or he requires additional information
relative to a particular problem presented by a proposed development
in order to review the preliminary plat, it or he shall have the authority
to request in writing such information from the subdivider.
D.
Technical requirements for preliminary drainage plans.
(1)
General. A preliminary drainage plan shall be required for all land divisions prepared by a registered professional engineer licensed by and in the State of Wisconsin and shall be based upon the preliminary plat of the subdivision. It shall comply with the design standards set forth in § 419-10 of this chapter and be prepared and submitted on reproducible 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:
(a)
The words "Preliminary Drainage Plan" clearly indicated on the
plan;
(b)
The title or name under which the proposed subdivision is to
be recorded. Such title shall exactly match that of the preliminary
plat, or phase thereof, to be recorded;
(c)
Property location of the proposed subdivision by government
lot, quarter section, township, range, county and state;
(d)
Date, written scale, graphic scale and North arrow;
(e)
A legend identifying any symbols and conventions appearing on
the plan;
(f)
Names, addresses and telephone numbers of the owner, subdivider
and party preparing the drainage plan;
(g)
The immediate area contiguous to the proposed plat shall be
included on the drainage plan even though only a portion of said area
is proposed for immediate development. The Director of Community Development
may waive this requirement where it is unnecessary to fulfill the
purposes and intent of this chapter and undo hardship would result
from strict application thereof; and
(h)
General location sketch showing the location of the subdivision
within the U.S. Public Land Survey section oriented on the sheet in
the same direction as the main drawing.
(2)
Drainage plan data. All preliminary drainage plans shall meet the requirements of Chapter 400, Article I, Construction Site Erosion Control, and Article II, Post-Construction Stormwater Management, of the Municipal Code, in addition to the following:
(a)
Location, right-of-way width and names of all streets or other
public rights-of-way such as alleys or easements and all section and
quarter-section lines within the exterior boundaries of the plat or
immediately adjacent thereto;
(b)
Locations of all lot and property boundary lines, including
block numbers, lot numbers and lengths of the front, rear and side
lot lines for all lots falling within the proposed land division;
(c)
Location and names of any adjacent land divisions and owners
of record of abutting platted and unplatted lands;
(d)
Corporate limit lines within the exterior boundaries of the
plat or immediately adjacent thereto;
(e)
Existing zoning on and adjacent to the proposed land division;
(f)
Existing and proposed contours at vertical intervals of not
more than two feet where the slope of the ground surface is less than
10%, and not more than five feet where the slope of the ground surface
is 10% or more. All elevations shall be based on the verified datum
plan of the USGS;
(g)
Normal and high-water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the plat or
located within 100 feet therefrom, all based on the verified datum
plan of the USGS;
(h)
Location of all storm drainage easements, yard drains, drainage
structures, lakes, streams and watercourses, marshes, wetlands, wooded
areas and other significant features within the tract being subdivided
or immediately adjacent thereto. Delineation of all wetlands, shoreland/wetlands,
isolated natural areas and primary environmental corridors shall be
based on field staking by an agency or firm certified to make such
delineation by the federal government or the Wisconsin Department
of Natural Resources;
(i)
Proposed location and typical cross section for all proposed
swales collecting and transporting storm runoff;
(j)
Proposed locations, descriptions, cross sections and elevations
of any berms, trails or other surface features which could impede
or affect the conveyance of surface water through or within the land
division; and
(k)
Where the Director of Community Development or the Village Engineer
finds that additional information is required relative to a particular
problem presented by a proposed development in order to review the
drainage plan, he shall have the authority to request in writing such
information from the subdivider.
E.
Technical requirements for feasibility plan. Village of Fox Crossing
design procedures shall be used in preparation of the feasibility
plan. All geometric data shall be in accordance with current Village
of Fox Crossing design standards. The feasibility plan shall show
the following information:
(1)
The words "Feasibility Plan" clearly indicated on the plan.
(2)
Date, scale, and North arrow.
(3)
Existing and proposed street names, lot boundaries, and lot numbers.
(4)
Proposed street rights-of-way and finished-grade pavement slopes
and grades.
(5)
Existing ponds, streams, rivers, lakes, flowages, wetlands, and floodplain
areas.
(6)
Identify all existing drainage courses passing through proposed subdivision.
(7)
Normal and high-water elevations of all existing ponds, streams,
rivers, lakes, flowages, and wetlands located within the exterior
boundaries of the plat or located within 100 feet therefrom.
(8)
Location of existing and proposed storm sewer mains, manholes, inlets,
yard drains, and culvert structures.
(9)
Location of existing and proposed sanitary sewer mains and interceptors,
lift stations, and manholes.
(10)
Proposed storm and sanitary sewer sub basins, flow direction
labels, and estimated flow quantities contributing to system.
(11)
Estimated size, length, and slope for all proposed storm and
sanitary sewer mains and interceptors.
(12)
Identify proposed storm and sanitary pipe flowline and rim elevations
at proposed manholes.
(13)
Location of existing and proposed water mains, hydrants, and
valves and estimated size and length of all proposed water mains.
(14)
Preliminary calculations supporting storm and sanitary sewer
pipe diameter sizes and slopes on feasibility plan.
A.
Submission of final plat.
(1)
Submission. The subdivider shall submit a final plat prepared by
a professional land surveyor, a final drainage plan prepared by a
licensed engineer, a letter of application and the necessary fees
at least 15 days prior to the meeting of the Planning Commission at
which action is desired. The final plat and final drainage plan shall
be prepared in accordance with this chapter and the final plat shall
comply with the procedures for approval of plats in Ch. 236, Wis.
Stats.
(2)
Referral of final plat to objecting agencies. The subdivider shall,
pursuant to § 236.12, Wis. Stats., submit the original drawing
of the final plat directly to the objecting agencies and one copy
to East Central Regional Planning Commission. It shall be the responsibility
of the subdivider to submit the additional copies required by this
chapter.
(3)
Referral of final plat to Village departments and regional agencies.
The subdivider shall file 16 copies of the final plat and one copy
on ledger size paper, plus a digital copy of the plat file in AutoCAD
or compatible form by electronic mail or compact disc, fees as set
forth in the Village Fee Schedule, reference this Code section, and
the necessary applications with the Village Clerk. The Village Clerk
shall retain one copy of the final plat and forward the other 15 copies
and ledger copy, plus the compact disc, to the following departments
and regional agencies:
(4)
Referral of final drainage plan to Village departments. The subdivider
shall file five copies and one ledger copy, plus a digital copy of
the plan file in AutoCAD or compatible form by electronic mail or
compact disc, of the final drainage plan with the Village Clerk. The
Village Clerk shall retain one copy of the final drainage plan and
forward the other four copies and ledger copy, plus the compact disc,
to the following departments:
B.
Final plat review and approval.
(1)
Notification. The Department of Community Development shall schedule
a public hearing before the Planning Commission when a final plat
within the Village is filed and shall cause notices of the proposed
final plat and public hearing to be mailed to the owners of all properties
within the limits of the exterior boundaries of the proposed final
plat and to the owners of all properties within 300 feet of the exterior
boundaries of the proposed final plat at least 14 days prior to the
Planning Commission meeting at which action is desired.
(2)
Review and decision by Planning Commission.
(a)
The Planning Commission 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 applicable
ordinances, rules, regulations, Comprehensive Plan and Comprehensive
Plan components which may affect it.
(b)
The Planning Commission shall, within 30 days of the date of
the filing of a final plat with the Village Clerk, recommend approval,
conditional approval, or rejection of such plat to the Village Board
unless the time is extended by agreement in writing between the Village
and the owner. The subdivider shall be notified in writing by the
Department of Community Development of approval, conditional approval,
or the reasons for rejection.
(3)
Review and decision by Village Board.
(a)
After receipt of the Planning Commission's recommendation, the
Village Board shall, within 60 days of the date of the filing of a
final plat with the Village Clerk, approve, conditionally approve,
or reject such plat unless the time is extended by agreement in writing
between the Village and the owner. Any conditions indicated on a conditional
approval shall be completed prior to the affixing of Village signatures
on the final plat. The subdivider shall be notified in writing by
the Village Clerk of approval, conditional approval, or the reasons
for rejection.
(b)
If the subdivider fails to submit the final plat or final plat
of a phase of the preliminary plat within six months of the approval
of the preliminary plat by the Village Board, the Village Board may
refuse the final plat and the subdivider may be required to recommence
the entire procedure for preliminary plat approval. If the subdivider
fails to submit a final plat of subsequent phases of the preliminary
plat within 24 months of the approval of the preliminary plat by the
Village Board, the Village Board may refuse the final plat and the
subdivider may be required to recommence the entire procedure for
preliminary plat approval.
(4)
Failure to act. Upon failure of the Village Board to act within 60
days, the plat shall be deemed approved, provided the time has not
been extended and no unsatisfied objections have been filed, and all
fees required from the subdivider have been paid.
(5)
Partial platting. If permitted by the Village Board, the approved
preliminary plat may be platted in phases with each phase encompassing
only that portion of the approved preliminary plat which the subdivider
proposes to record at one time; however, it is required that each
phase be final platted pursuant to this section and be designated
as a phase of the approved preliminary plat. The subsequent phases
of the final plat shall be filed in accordance with the schedule set
forth in the developer's agreement as adopted or amended by the Village
Board.
C.
Technical requirements for final plats.
(1)
General. A final plat shall be prepared by a professional land surveyor licensed in the State of Wisconsin, shall be required for all subdivisions, shall comply in all respects with the requirements of Ch. 236, Wis. Stats., shall comply with the design standards set forth in § 419-10 of this chapter, shall be provided digitally by electronic mail, on compact disc in an AutoCAD readable format, shall be prepared on reproducible paper of good quality at a scale of not more than 100 feet to the inch, shall be provided on reproducible paper of good quality at a scale suitable to a ledger paper size, and the final plat shall show correctly on its face, in addition to the information required by § 236.20, Wis. Stats., the following:
(a)
Title or name under which the proposed subdivision is to be
recorded. Such title shall not be the same or similar to a previously
recorded plat, unless the plat is an addition by the same owner to
a previously recorded plat and is so stated on the plat;
(b)
Property location of the proposed subdivision by government
lot, quarter section, township, range, county, and state;
(c)
Date, scale, and North arrow;
(d)
Names, addresses, and telephone numbers of the owner, subdivider,
and land surveyor preparing the plat; and
(e)
General location sketch showing the location of the subdivision
within the U.S. Public Land Survey section oriented on the sheet in
the same direction as the main drawing.
(2)
Plat data. All final plats shall show the following:
(a)
Corporate limit lines within the exterior boundaries of the
plat or immediately adjacent thereto.
(b)
Locations of all existing property boundary lines, structures,
including the use and setback dimensions to existing and/or proposed
property lines, drives, lakes, streams and watercourses, marshes,
wetlands, rock outcrops, wooded areas, railroad tracks and other significant
features within the tract being subdivided or immediately adjacent
thereto. Delineation of all wetlands, shoreland/wetlands, isolated
natural areas and primary environmental corridors shall be based on
field staking by an agency or firm certified to make such delineation
by the federal government or the Wisconsin Department of Natural Resources.
(c)
Exact street width along the line of any obliquely intersecting
street.
(d)
Railroad rights-of-way within and abutting the plat.
(e)
Exact length, width, bearing, and purpose of utility and/or
drainage easements.
(f)
All lands reserved for future public dedication 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 shall be submitted with the
plat. A note shall be placed on the face of the plat noting ownership
and maintenance of all common use areas and that deed restrictions
are on file at the County Register of Deeds' office.
(g)
A note on the face of the plat noting ownership and maintenance
obligations of all drainage swales, easements, retention and detention
ponds or other facilities shall be required.
(h)
Special restrictions required by the Village and any other agency
relating to access control along public ways, the provision of planting
strips, access restrictions, reservation of wetlands and environmental
corridors, more restrictive yard requirements, or special restrictions
for environmentally significant lands.
(j)
Reference to an established benchmark on USGS datum.
(k)
Normal and high-water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the plat or
located within 100 feet therefrom, all based on the verified datum
plan of the USGS.
(l)
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.
(m)
Abutting street lines of adjoining plats shown in their proper
location by dotted lines. The width of these streets shall be given
and the names of adjoining streets underscored by a dotted line.
(n)
The lines of adjoining subdivisions or parcels shall be shown
in dotted lines and the names of subdivisions or owners of parcels
underscored by a dotted line.
(o)
All monuments erected, corners and other points.
(p)
The exterior boundaries of the land surveyed with exact length
and bearings. When such lines are between a curve and its tangent,
the line shown shall be that between the tangent and the main chord
of the curve. When between curves of different radii, the line shown
shall be that between the main chords.
(q)
The boundary lines delineating all blocks with exact lengths
and bearings. When such lines are between a curve and its tangent,
the line shown shall be that between the tangent and the main chord
of the curve. When between curves of different radii, the line shown
shall be that between the main chords. All blocks shall be numbered
consecutively. The blocks in numbered additions shall be numbered
consecutively through the several additions.
(r)
Lot lines and their exact lengths and bearings, except that
when the lines in any tier of lots are parallel, it shall be sufficient
to mark the bearings of the outer lines in one tier thereof. All lots
in each block shall be consecutively numbered and lot square footage
shall be shown.
(s)
Exact length, width, and bearing of all proposed alleys, public
ways, railroad and utility rights-of-way, and all section and quarter-section
lines within the exterior boundaries of the plat or immediately adjacent
thereto.
(t)
The boundary lines with exact lengths and bearings and widths
of all streets and street center lines. When a street is on a circular
curve, the main chord of the center line shall be drawn as a dotted
line in its proper place and the following shall be noted either on
it or in an adjoining table: the bearing and length, the radius of
the circle of which the curve is a part, and the central angle subtended.
The lot lines on the street sides may be shown in the same manner
or by bearings and distances. When a circular curve of thirty-foot
radius or less is used to round off the intersection between two straight
lines, it shall be tangent to both straight lines. It shall be sufficient
to show on the plat the radius of the curve and the tangent distance
from the points of curvature to the point of intersection of the straight
lines. The name of each street in the plat shall be printed thereon
in prominent letters.
(u)
Meander lines if a subdivision borders a lake or stream shore;
the distances and bearings of a meander line shall be shown. The meander
lines shall not be established less than 20 feet back from the ordinary
high-water mark of the lake or from the bank of the stream.
(v)
Location, including exact dimension, bearing, and size, 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, retail
centers, church sites or other non-public uses not requiring platting.
(w)
Any proposed lake or stream alterations, modifications, improvements,
or relocations.
(x)
When vision corners are required, they shall be dedicated and
not by easement.
(y)
Where the Planning Commission, Director of Community Development
or Village Engineer finds that additional information is required
relative to a particular problem presented by the proposed subdivision
in review of the final plat, it shall have the authority to request
in writing such information from the subdivider.
(3)
Property owners' association. The legal instruments creating a property
owners' association for the ownership and/or maintenance of common
lands in the subdivision shall be filed with the final plat.
(4)
Surveying and monumenting. All final plats shall meet all the surveying
and monumenting requirements of § 236.15, Wis. Stats. In
addition, metal fence posts shall be placed next to all monuments
within the plat.
(5)
Wisconsin coordinate system. All final plats shall comply in all
respects with the requirements of § 236.18, Wis. Stats.,
referenced to the Winnebago County Coordinate System NAD83, 1991 corrected,
south zone 4803.
(6)
Certificates. All final plats shall provide all the certificates
required by § 236.21, Wis. Stats., and in addition the surveyor
shall certify that he or she has fully complied with all the provisions
of this chapter, as follows:
(a)
Surveyor's certificate of compliance with statute.
(b)
A clear and concise description of the land surveyed, divided
and mapped.
(c)
Owner's certificate.
(d)
Certificate of taxes paid.
(e)
Approval certification of the various approving authorities.
(f)
Village Clerk's certification that the plat has been submitted
as required by law.
(7)
Recordation. The final plat shall only be recorded with the County
Register of Deeds after the certificates of the Wisconsin Department
of Administration, of the Village Board, of the surveyor, and those
certificates required by § 236.21, Wis. Stats., are placed
on the plat. The plat shall be recorded within 12 months of its approval
by the Village Board. Failure to record said final plat within 12
months of its approval by the Village Board requires the subdivider
to have to recommence the entire procedure for final plat approval.
(8)
Filing of true copy of plat. The subdivider shall file five copies
of the recorded final plat on reproducible paper, plus one digital
copy of the final plat file in AutoCAD or compatible form on compact
disc, with the Village Clerk. The Village Clerk shall retain one copy
of the final plat and forward the other four copies, plus the compact
disc, to the following departments:
(9)
House numbers assigned. The Director of Community Development shall
place upon a copy of the final plat on each lot shown on said plat
the correct legal house number assigned at that lot in conformity
with the grid system in effect in the Village.
D.
Technical requirements for final drainage plans.
(1)
General. A final drainage plan shall be required for all subdivisions and shall be based upon the final plat of the subdivision. It shall comply with the design standards set forth in § 419-10 of this chapter, shall be provided digitally by electronic mail, on compact disc in an AutoCAD readable format, shall be prepared on reproducible paper of good quality at a scale of not more than 100 feet to the inch, shall be provided on reproducible paper of good quality at a scale suitable to a ledger paper size, and shall show correctly on its face the following information:
(a)
The words "Final Drainage Plan" clearly indicated on the plan;
(b)
The title or name under which the proposed subdivision is to
be recorded; such title shall exactly match that of the final plat,
or phase thereof, to be recorded;
(c)
Property location of the proposed subdivision by government
lot, quarter section, township, range, county and state;
(d)
Date, written scale, graphic scale and North arrow;
(e)
A legend identifying any symbols and conventions appearing on
the plan;
(f)
Names, addresses and telephone numbers of the owner, subdivider
and party preparing the drainage plan;
(g)
General location sketch showing the location of the subdivision
within the U.S. Public Land Survey section oriented on the sheet in
the same direction as the main drawing.
(2)
Drainage plan data. All final drainage plans shall meet the requirements of Chapter 400, Article I, Construction Site Erosion Control, and Article II, Post-Construction Stormwater Management, of the Municipal Code. In addition, where the Department of Community Development or Village Engineer finds that it requires additional information relative to a particular problem presented by a proposed development in order to review the drainage plan, it shall have the authority to request in writing such information from the subdivider.
(a)
The subdivider shall include in the deed restrictions/covenants
that permanent lawns be established in conformance with the lot drainage
plan elevation within one year of initial occupancy of any house.
(3)
Filing of true copy of drainage plan. The subdivider shall file five
copies of the recorded drainage plan on reproducible paper, plus one
digital copy of the drainage plan file in AutoCAD or compatible form
on compact disc, with the Village Clerk. The Village Clerk shall retain
one copy of the drainage plan and forward the other four copies, plus
the compact disc, to the following departments:
A.
Submission of minor land division (certified survey map).
(1)
General. When the subdivider is proposing to combine two or more
parcels or when the subdivider is proposing to divide a block, lot
or outlot into not more than four parcels or building sites, the subdivider
may subdivide by use of a certified survey map (CSM).
(2)
Submission. The subdivider shall submit a certified survey map (CSM) prepared by a professional land surveyor, a drainage plan prepared by a licensed engineer, a letter of application and fees as set forth in the Village Fee Schedule, reference this Code section, at least 15 days prior to the meeting of the Planning Commission at which action is desired. The certified survey map and drainage plan shall be prepared and approved in accordance with this chapter and Ch. 236, Wis. Stats. In addition, a certified survey map that crosses the exterior boundary of a recorded plat or Assessor's plat shall comply with procedures for approval of § 419-6 of this chapter. The Director of Community Development may waive the drainage plan requirement on a case-by-case basis.
(3)
Referral to Village departments. The subdivider shall file three
copies of the certified survey map, a digital copy of the certified
survey map file in AutoCAD or compatible form by electronic mail or
compact disc, fees as set forth in the Village Fee Schedule, reference
this Code section, and the necessary applications with the Village
Clerk. The Village Clerk shall retain one copy of the certified survey
map and forward the other two copies, plus the compact disc, applications,
and fees to the Department of Community Development.
(4)
Referral of drainage plan to Village departments. The subdivider
shall file three copies of the final drainage plan and fees as set
forth in the Village Fee Schedule, reference this Code section, with
the Village Clerk. The Village Clerk shall retain one copy of the
drainage plan and forward the other two copies to the following departments:
B.
Minor land division (certified survey map) review and approval.
(1)
Parkland dedication, reservations, and improvements. Parkland dedication or fees in lieu of parkland dedication, according to § 419-12, for minor land divisions shall be the discretion of the Director of Community Development upon consultation with the Director of Parks and Recreation. Fees in lieu of parkland dedication shall be paid prior to the Village affixing signatures on the certified survey map.
(2)
Review and decision by Planning Commission. The Planning Commission
shall, within 60 days of the date of the filing of a certified survey
map with the Village Clerk, recommend approval, conditional approval,
or rejection of such certified survey map to the Village Board unless
the time is extended by agreement in writing between the Village and
the owner. The subdivider shall be notified in writing by the Department
of Community Development of any conditions of approval or the reasons
for rejection.
(3)
Review and decision by Village Board. After receipt of the Planning
Commission's recommendation, the Village Board shall, within 90 days
of the date of the filing of a certified survey map with the Village
Clerk, approve, approve conditionally or reject such certified survey
map unless the time is extended by agreement in writing between the
Village and the owner. Any conditions indicated on a conditional approval
shall be completed prior to the affixing of Village signatures on
the certified survey map. The subdivider shall be notified in writing
by the Village Clerk of approval, any conditions of approval or the
reasons for rejection.
C.
Technical requirements for minor land divisions (certified survey
map).
(1)
General. A certified survey map prepared by a professional land surveyor shall be required for all minor land divisions, shall comply in all respects with the requirements of Ch. 236, Wis. Stats., shall comply with the design standards set forth in § 419-10 of this chapter, shall be provided digitally by electronic mail or compact disc in an AutoCAD or compatible format, and shall be prepared on reproducible paper of good quality at a scale not more than 500 feet to the inch. The certified survey map shall show correctly on its face, in addition to the information required by §§ 236.15(1), 236.21 and 236.34, Wis. Stats., the following:
(a)
Date, scale, and North arrow.
(b)
Names, addresses and telephone numbers of the owner, subdivider
and professional land surveyor preparing the certified survey map.
(c)
Entire area contiguous to the proposed certified survey map
owned or controlled by the subdivider shall be included on the certified
survey map even though only a portion of said area is proposed for
immediate development. The Director of Community Development may waive
this requirement where it is unnecessary to fulfill the purposes and
intent of this chapter and undo hardship would result from strict
application thereof.
(d)
A statement that conforms substantially to the following:
(e)
All new lots being created shall be drawn to full scale without
break lines. Multiple pages may be used to illustrate each lot. If
multiple pages are used to illustrate lots, the cover page of the
certified survey map shall still show the entire exterior boundary
of the proposed certified survey map at whatever scale is necessary.
(f)
Exact length and bearing of the exterior boundaries of the proposed
minor subdivision referenced to a corner established in the U.S. Public
Land Survey.
(g)
Total acreage encompassed by the exterior boundaries of the
proposed minor land division.
(h)
Locations of all existing property boundary lines, structures,
including the use and setback dimensions to existing and/or proposed
property lines, drives, lakes, streams and watercourses, marshes,
wetlands, railroad tracks and other significant features within the
tract being subdivided or immediately adjacent thereto. Delineation
of all wetlands and shoreland/wetlands shall be based on field staking
by an agency or firm certified to make such delineation by the federal
government or the Wisconsin Department of Natural Resources. Delineation
of other features, including rock outcrops, wood areas, isolated natural
areas and primary environmental corridors, is required but may be
shown on a separate existing natural features page attached to the
certified survey map.
(i)
Location, right-of-way width and names of all existing and proposed
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 certified survey map or immediately adjacent
thereto.
(j)
Location and names of any adjacent subdivisions, parks and cemeteries
and owners of record of abutting platted and unplatted lands.
(k)
All lands reserved for future public acquisition or reserved
for the common use of property owners within the certified survey
map. If property reserved for common use is located within the minor
land division, provisions and plans for its use and maintenance shall
be submitted with the certified survey map. A note shall be placed
on the face of the plat noting ownership and maintenance of all common
use areas and that deed restrictions are on file at the County Register
of Deeds' office.
(l)
Recorded easements shown on the certified survey map shall list
the document number in the easement area shown on the map. If the
easement is proposed with the certified survey map, an accompanying
statement shall be shown on the certified survey map.
(m)
Type, width and location of any existing street pavements within
the exterior boundaries of the certified survey map or immediately
adjacent thereto.
(n)
Normal and high-water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the certified
survey map or located within 100 feet therefrom. All elevations shall
be based on the verified datum plan of the USGS.
(o)
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.
(p)
Square footage of each lot shall be provided.
(q)
Existing zoning on and adjacent to the proposed subdivision.
(r)
Meander lines if a subdivision borders a lake or stream shore;
the distances and bearings of a meander line shall be shown. The meander
lines shall not be established less than 20 feet back from the ordinary
high-water mark of the lake or from the bank of the stream.
(s)
A note on the certified survey map noting ownership and maintenance
obligations of all drainage swales, easements, retention and detention
ponds or other facilities shall be required.
(t)
Special restrictions required by the Village and any other agency
relating to access control along public ways, the provision of planting
strips, access restrictions, reservation of wetlands and environmental
corridors, more restrictive yard requirements, or special restrictions
for environmentally significant lands.
(u)
The boundary lines with exact lengths and bearings and widths
of all streets and street center lines. When a street is on a circular
curve, the main chord of the center line shall be drawn as a dotted
line in its proper place and the following shall be noted either on
it or in an adjoining table: the bearing and length, the radius of
the circle of which the curve is a part, and the central angle subtended.
The lot lines on the street sides may be shown in the same manner
or by bearings and distances. When a circular curve of thirty-foot
radius or less is used to round off the intersection between two straight
lines, it shall be tangent to both straight lines. It shall be sufficient
to show on the certified survey map the radius of the curve and the
tangent distance from the points of curvature to the point of intersection
of the straight lines.
(v)
The name of each street, either existing or proposed, in the
certified survey map shall be printed thereon in prominent letters.
(w)
A statement of restricted access shall be shown on the face
of the certified survey map if the parcels being subdivided abut a
restricted access street.
(x)
When vision corners are required, they shall be dedicated and
not by easement.
(y)
Where the Department of Community Development or Village Engineer
finds that it requires additional information relative to a particular
problem presented by the proposed minor land division in review of
the certified survey map, it shall have the authority to request in
writing such information from the subdivider.
(2)
Monumenting. All certified survey maps shall be monumented in accordance
with § 236.15(1)(b), Wis. Stats. In addition, metal fence
posts shall be placed next to all monuments within a certified survey
map in an undeveloped area.
(3)
Certificates. The surveyor shall certify on the certified survey
map that he or she has fully complied with all the provisions of this
chapter and Ch. 236, Wis. Stats. The Village Board, after a recommendation
by the reviewing agencies, shall certify its approval on the certified
survey map upon review of all taxes having been paid. In addition,
dedication of streets and other public areas shall require the owner's
certificates and mortgagee's certificates in substantially the same
form as required by § 236.21(2)(a), Wis. Stats.
(4)
Recordation. The subdivider shall record the certified survey map
with the County Register of Deeds within 12 months of its approval
by the Village Board. Failure to record the certified survey map within
12 months of its approval by the Village Board requires the subdivider
to have to recommence the entire procedure for certified survey map
approval.
(5)
Filing of true copy of certified survey map. The subdivider shall
file five copies of the recorded certified survey map and drainage
plan on reproducible paper with the Village Clerk. The Village Clerk
shall retain one copy and forward the other four copies to the following
departments:
(6)
House numbers assigned. The Director of Community Development shall
place upon a copy of the certified survey map on each lot shown on
said certified survey map the correct legal house number assigned
to that lot in conformity with the grid system in effect in the Village.
D.
Technical requirements for drainage plans for minor land divisions
(certified survey map).
(1)
General. A drainage plan shall be required for all certified survey maps unless this requirement is waived by the Department of Community Development. It shall comply with the design standards set forth in § 419-10 of this chapter and shall be prepared and submitted on reproducible paper of good quality at a scale of not more than 200 feet to the inch and shall be provided digitally by electronic mail or compact disc in an AutoCAD compatible format and shall show correctly on its face the following information:
(a)
The words "Drainage Plan" clearly indicated on the map.
(b)
The certified survey map name associated with the drainage plan.
(c)
Property location of the proposed map by government lot, quarter
section, township, range, county and state.
(d)
Date, written scale, graphic scale and North point.
(e)
A legend identifying any symbols and conventions appearing on
the plan.
(f)
Names, addresses, and telephone numbers of the owner, subdivider
and party preparing the drainage plan.
(g)
The immediate area contiguous to the proposed certified survey
map shall be included on the drainage plan even though only a portion
of said area is proposed for immediate development. The Director of
Community Development or the Village Engineer may waive this requirement
where it is unnecessary to fulfill the purposes and intent of this
chapter and undo hardship would result from strict application thereof.
(2)
Drainage plan data. All drainage plans shall meet the requirements of the Chapter 400, Article I, Construction Site Erosion Control, and Article II, Post-Construction Stormwater Management, of the Municipal Code, in addition to the following:
(a)
Where the Department of Community of Development or Village
Engineer finds that it or he requires additional information relative
to a particular problem presented by a proposed certified survey map
in order to review the drainage plan, it or he shall have the authority
to request in writing such information from the subdivider.
A.
Replat.
(1)
Replat. Except as provided in § 70.27(1), Wis. Stats., 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 for §§ 419-5 and 419-6 of this chapter.
(2)
The Village Clerk shall schedule a public hearing before the Planning
Commission 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 300 feet of the exterior boundaries
of the proposed replat.
B.
Assessor's plat. An Assessor's plat made under § 70.27,
Wis. Stats., may be ordered by the Village Board at the expense of
the subdivider when a subdivision is created by successive divisions.
A.
Applicability.
(1)
This section applies to condominium development projects where the
development has two or more units on any parcel for residential or
nonresidential use.
(2)
This section shall not apply to condominium conversions of existing
structures for nonresidential use purposes or to conversions for residential
use where no additional dwelling units are being created. In such
cases, condominium developments shall be subject to Community Development
staff review.
B.
Condominium development standards.
(3)
Section 419-6 of this chapter shall apply to all condominium developments, except the following: § 419-6C(2)(r) regarding lot lines.
(4)
Section 419-10 of this chapter shall apply to all condominium developments, except the following:
(a)
Section 419-10A(2)(a) regarding provisions of Ch. 236, Wis. Stats.; and
(b)
Section 419-10A(4) regarding lots.
(6)
Chapter 703, Wis. Stats., shall apply to all condominium developments.
(7)
In the application of these standards, condominium development projects
shall be subject to no more restrictive rules than are non-condominium
projects that are physically equivalent.
C.
Fees. Condominium developments shall pay a fee as set forth in the
Village Fee Schedule, reference this Code section, at the time of
plat submittal.
A.
Design standards.
(1)
Location of site.
(a)
General plan. All division of land shall conform to the Comprehensive Plan, Chapter 435, Zoning, of the Municipal Code, the Official Map, this chapter and all other pertinent ordinances, regulations, resolutions or plans which are adopted by the Village.
(b)
Objectionable areas. Land subject to hazards of life, health,
or property as may arise from fire, floods, disease, or noise, or
considered to be uninhabitable for other reasons, may not be subdivided
for building purposes unless the hazard has been eliminated or the
plans show adequate safeguards correcting the hazards.
(c)
Nearby development. A subdivision shall be coordinated with
existing nearby development or neighborhoods so that the area as a
whole shall be developed harmoniously in a coordinated manner.
(2)
Compliance with state standards. All subdivisions shall conform to:
(a)
The provisions of Ch. 236, Wis. Stats., except that this chapter
shall prevail where it imposes higher standards.
(b)
The rules of the Wisconsin Department of Transportation contained
in Wisconsin Administrative Code relating to safety of access and
the preservation of the public interest and investment in the streets
if the subdivision or any lot contained therein abuts on a state trunk
highway or connecting street.
(3)
Streets.
(a)
General considerations. All proposed streets shall be dedicated
to the public and shall be designed and located in relation to:
[1]
Existing and planned streets;
[2]
Topographic considerations, drainage and other natural features,
to produce usable lots and streets of reasonable gradient;
[3]
The public convenience and safety;
[4]
The future circulation needs of nearby lands;
[5]
The proposed uses of land to be served; and
[6]
Abutting properties for future subdivision interconnectivity
between developments.
(b)
Streets to conform to Village plans. Street layouts, widths,
grades and locations shall conform to the Official Map, the Comprehensive
Plan, and Village standards and specifications.
(c)
Arrangement.
[1]
Arterial streets. Arterial streets shall be arranged so as to
provide ready access to centers of employment, centers of governmental
activity, community retail 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
arterial streets and highways and shall be, insofar as practicable,
continuous and in alignment with existing or planned streets with
which they are to connect.
[2]
Collector streets. Collector streets shall be arranged so as
to provide ready collection of traffic from residential areas and
conveyance of this traffic to the arterial street and highway system.
[3]
Local streets. Local streets shall be arranged to conform to
the topography, to permit the design of efficient storm and sanitary
sewerage systems, and to require the minimum street area necessary
to provide for safe and convenient access to abutting property.
[4]
Marginal access streets. Where a subdivision borders on or contains
a railroad right-of-way or limited access highway right-of-way, the
Planning Commission may require a marginal access street, approximately
parallel to and on each side of such right-of-way, at a distance suitable
for the appropriate use of the intervening land.
[5]
Dead-end streets. Dead-end streets shall not be permitted.
[6]
Culs-de-sac. Streets designed to have one end permanently closed
shall not exceed 500 feet in length from center line of intersecting
street to center of turnaround, except in topographical and unusual
situations, and shall terminate with a turnaround of not less than
120 feet in diameter of right-of-way and a roadway turnaround of 96
feet in diameter.
[a]
A temporary cul-de-sac shall be placed at the end of a street that is intended to be extended and is longer than 150 feet per § 218-14D(1) of the Municipal Code. A provision shall be made for reversion of the excess temporary turnaround right-of-way to the adjoining properties when the street is extended.
[7]
Reserve strips. Reserve strips controlling access to streets
shall be prohibited except where their control is definitely placed
with the Village under conditions approved by the Planning Commission.
(d)
Width. The right-of-way of all streets shall be of the width
specified on the Official Map or Comprehensive Plan, or as determined
by the Director of Community Development and Street Superintendent;
generally they shall be not less than the width specified as follows:
(e)
Grades. Streets shall have a minimum center-line grade of 0.60%
and maximum grades shall not exceed 8% for arterial and collector
streets and 10% for minor streets, or as determined by the Director
of Community Development and Street Superintendent. 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.
(g)
Street names. New street names shall not duplicate in fact or
sound substantially similar to the names of existing streets in the
Village, but streets that are continuations of others already in existence
and named shall bear the name of the existing street, except if the
continuation changes alignment approximating 90° from its original
direction, when a new name may be required by the Village. Street
names shall be approved by the Department of Community Development.
(h)
Intersections.
[1]
Streets shall intersect at right angles. Not more than two streets
shall intersect at one point unless approved by the Planning Commission
and Village Board.
[2]
Street jogs with center-line offsets of less than 125 feet shall
be avoided. Where streets intersect arterials, their alignment shall
be continuous.
[3]
The distance between intersections of local or collector streets
with arterial streets shall not be less than 800 feet, unless approved
by the Planning Commission and Village Board.
[4]
The minimum turning radius at an intersection shall not be less
than 25 feet.
[5]
Intersection approach areas should not exceed a grade of 2%
on all approaching streets for a distance of 50 feet from the intersecting
points of the right-of-way lines.
[6]
Vision triangles. Proper sight line triangles shall be maintained
at all street intersections, in which no building, fencing or structure
is permitted, nor plantings higher that three feet. Measured along
the center line, there shall be a clear sight triangle with sides
as follows:
[7]
Traffic calming devices. The location of traffic calming devices,
such as but not limited to traffic circles, speed bumps, raised intersection,
etc., shall be approved by the Planning Commission and Village Board.
(i)
Special streets. Where parkways or special types of streets
are involved, the Planning Commission may apply special standards
to be followed in their design.
(j)
Marginal access streets. Where a marginal access street has
been provided, the Planning Commission may require that such a street
be located at a distance from the major street or easement suitable
for the appropriate use of the intervening land for:
[1]
Park purposes.
[2]
Motor vehicle parking, business or industry, in appropriate
zones.
[3]
Other provisions for the adequate protection of residential
properties and the separation of through and local traffic. Such distances
shall be determined with due regard for the requirements of approach
grades and future grade separation.
(k)
Limited access highways. Where a tract, lot or parcel of land
abuts a state or county limited access highway, access shall meet
all requirements of the controlling authority.
(4)
Lots.
(a)
Generally. The size, shape and orientation of lots shall be
appropriate for the location of the subdivision and for the type of
development and use contemplated. In addition, lots shall conform
to the following:
[1]
Lots shall generally be rectangular in shape with the short
distance abutting the street. Excessive depth in relation to width
shall be avoided and a proportion of 2:1 shall generally be considered
a desirable ratio of depth to width. Depth of lots or parcels reserved
or laid out for commercial or industrial use shall be adequate to
provide for off-street service and parking required by the use.
[2]
Lot lines shall follow municipal boundary lines, rather than
cross them.
(b)
Dimensions.
[1]
Widths and areas of lots shall meet the requirements of Chapter 435, Zoning, of the Municipal Code.
[2]
Every lot shall front or abut a public street for a distance
of at least 33 feet. Flag lots not meeting the minimum frontage requirement
shall be prohibited. All lots shall have a minimum width at the building
setback line as prescribed for the particular zoning district in which
the lot is located.
(c)
Frontage.
[1]
All lots shall abut on a public street or an approved access.
[2]
Double frontage lots shall not be permitted except as required
by the Planning Commission and Village Board where they are desirable
to provide separation of development from traffic arterials or inharmonious
uses, or to overcome disadvantages of topography or situation. A planting
and/or fencing screen easement of at least 20 feet, and across which
there shall be no right of access, may be required by the Planning
Commission, along the line of lots abutting such traffic arterials
or other inharmonious use.
(d)
Side lot lines. Side lot lines shall be at right angles to straight
street lines or radial to curved street lines on which the lots face.
(e)
Corner lots. Corner lots shall have sufficient width to provide usable rear yards as well as to permit full building setbacks from all streets as set forth in Chapter 435, Zoning, of the Municipal Code or other regulations.
(f)
Grading. Where any land is to be filled more than six inches
above an adjacent property, a grading plan shall be approved by the
Director of Community Development.
(5)
Blocks.
(b)
Length. The length of blocks in residential areas should not
be less than 700 feet, nor more than 1,300 feet in length, unless
otherwise dictated by exceptional topography or other limiting factors
of good design or otherwise approved by the Planning Commission.
(c)
Width. The width of blocks shall be wide enough to provide for
two tiers of lots of appropriate depth, except where otherwise required
to separate residential development from through traffic.
(6)
Special restrictions. Special restrictions which are appropriate
to the location or design of the land division may be required by
the Planning Commission and shall be shown on the final plat, condominium,
or certified survey map. Examples of the application of this provision
include, but are not limited to, access control along public ways,
required planting or buffering strips, and prohibition of structures
and vegetative clearing in environmentally significant lands.
(7)
Easements.
(a)
Generally. Easements shall be provided for any surface, underground
or overhead utility service, including stormwater drainage. Such easements
shall be at least 15 feet in width, to accommodate the installation
and future maintenance of the facility, and shall be located to provide
continuity of alignment throughout the area served.
(b)
Location. Power and communication lines shall be planned along
rear lot lines wherever possible.
(c)
Bicycle/pedestrian connections. Bicycle and pedestrian easements
or dedications, not less than 15 feet in width, may be required by
the Planning Commission to provide access to playgrounds, schools,
shopping centers, or other community facilities.
(d)
Burial of utilities. Utility lines shall be buried, except as
deemed inappropriate by the Planning Commission.
(e)
Stormwater. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way not less than 30 feet in width,
conforming substantially with the lines of such watercourse, and such
further width or construction, or both, as will be adequate for the
purpose.
(8)
Drainageways. The subdivider shall make provisions for surface water
runoff as required on the drainage plan by cutting and filling the
drainageways to the grades, elevations and widths as set forth on
the plan. The drainageways shall be protected from erosion by seeding
and mulching and other additional erosion control steps that may be
required by this chapter. The drainage plan shall be deemed to be
a covenant running with the land. No person shall alter, change or
modify the approved drainage plan by regrading, construction or otherwise
without the prior written approval of the Department of Community
Development and Village Engineer. Such approval shall be conditioned
upon the provision of suitable drainage alternatives. The obstruction
of drainage flow at either primary drainage swales or along the lot
line drainage is prohibited.
(9)
Storm drainage. Storm sewers, culverts and related facilities shall
be designed to permit the unimpeded flow of natural watercourses,
ensure the drainage of all low points along the line of streets, and
provide positive drainage away from on-site sewage disposal facilities.
Storm drainage facilities must be designed not only to handle the
anticipated peak discharge from the property being subdivided but
also the anticipated increase in runoff that will occur when all the
property at a higher elevation in the same drainage basin is fully
developed. Where adequate existing storm sewers are readily accessible,
the subdivider shall connect his stormwater facilities to these existing
sewers. In the design of storm drainage facilities, special consideration
shall be given to preventing excess runoff onto adjacent property.
Where a storm drainage outlet will abut another property, sufficient
and adequate engineering safeguards shall be designed in the plat
to prevent damage to adjoining property.
(10)
Sanitary sewers. In areas that have a sanitary sewer system
on or near the proposed subdivision, the Village shall determine the
feasibility of service and the requirements to be followed by the
subdivider. In areas that are not to be served by a sewer system,
on-site subsurface sewage disposal systems may be permitted only where
soil tests and feasibility reports are satisfactory as regulated by
local, state and/or federal rules and regulations.
(11)
Water facilities. Where there is an existing public water supply
system on or near the subdivision, the Village shall determine the
feasibility of connection to this system. Where there is a community
water supply system, connection must be approved by Fox Crossing Utilities
and by the Wisconsin State Department of Natural Resources. Where
there is no existing public water supply and no community water supply,
individual water supply systems will be permitted in accordance with
minimum standards approved by local, state and/or federal rules and
regulations.
(12)
Noise abatement along highways. All plats or subdivisions of land adjacent to any expressway, freeway, or other four-lane highway shall be approved only if such complies with § 419-13 of this chapter.
(13)
Conservation subdivision. If the subdivider is proposing a conservation
subdivision or low-impact development, where the design of the subdivision
clusters development in areas to preserve open space and natural resources,
design standards and improvements required by this section may be
reviewed or waived by the Planning Commission.
B.
Required improvements.
(1)
General. All land division required improvements shall be constructed
in accordance with plans and standard specifications approved by the
Village.
(2)
Survey monuments. The subdivider shall install survey monuments placed
in accordance with the requirements of § 236.15, Wis. Stats.,
and as may be required by the Director of Community Development and
Village Engineer.
(3)
Grading.
(b)
After the installation of temporary block corner monuments by
the subdivider and establishment of street grades, the subdivider
shall grade the full width of the right-of-way of all streets proposed
to be dedicated in accordance with plans and standard specifications
approved by the Village Engineer. The subdivider shall grade the roadbeds
in the street right-of-way to subgrade.
(4)
Surfacing. After the installation of all utility and stormwater drainage
improvements, the subdivider shall surface all roadways in streets
to the widths prescribed by these regulations, the developer's agreement,
and the Comprehensive Plan or Comprehensive Plan components of the
Village. Said surfacing shall be done in accordance with plans and
standard specifications approved by the Village Engineer and per the
developer's agreement.
(5)
Curb and gutter. After the installation of all utility and stormwater
drainage improvements, the subdivider shall construct concrete curbs
and gutters in accordance with plans and standard specifications approved
by the Street Superintendent and Village Engineer. Wherever possible,
provisions shall be made at the time of construction for driveway
access curb cuts.
(6)
Rural street sections. When permanent rural street sections have
been approved by the Planning Commission and Village Board, the subdivider
shall finish grade all shoulders and road ditches, install all necessary
culverts at intersections and, if required, surface ditch inverts
to prevent erosion and sedimentation in accordance with plans and
standard specifications approved by the Street Superintendent and
Village Engineer.
(7)
Sidewalks and trails. The subdivider shall construct a ten-foot-wide
trail on all arterial and collector streets in accordance with plans,
Village ordinances, and standard specifications approved by the Street
Superintendent and Village Engineer. The Planning Commission may require
sidewalks where it deems necessary in accordance with plans, Village
ordinances, and standard specifications approved by the Street Superintendent
and Village Engineer.
(8)
Public sanitary sewerage and private sewage disposal systems.
(a)
The subdivider shall construct sanitary sewers in such a manner
as to make adequate sanitary sewerage service available to each lot
within the subdivision. The subdivider shall install or cause to be
installed sewer laterals at the center of each lot to the street lot
line. If public sewer facilities are not available, the subdivider
shall make provisions for adequate private sewage disposal systems
as specified by the Village, County Board of Health and Wisconsin
Department of Health Services.
(b)
If, at the time of final platting, sanitary sewer facilities
are not available to the plat, 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 as may be specified by the Village Engineer and Fox Crossing
Utilities. 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 Village Engineer and Fox Crossing Utilities.
(9)
Stormwater drainage facilities.
(a)
The subdivider shall construct all required stormwater drainage facilities, which may include curbs and gutters, catch basins and inlets, culverts, storm sewers, road ditches and open channels, as may be required to meet the minimum requirement and standards of Chapter 400, Article II, Post-Construction Stormwater Runoff, of the Municipal Code. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, the type of facility required, the design criteria, and the sizes and grades to be determined by the subdivider's engineer, so as to be in conformance with the requirements and standards of Chapter 400, Article II, of the Municipal Code.
(b)
Should any subdivision disrupt any drainage courses, the subdivider
is responsible for relocating this course to the satisfaction of the
Village Engineer and, if applicable, the appropriate state, county
or local agency and allowing the natural flow of stormwater.
(c)
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 standard specifications approved
by the Village Engineer.
(d)
The Village may require all stormwater drainage facilities be
dedicated to the Village for stormwater purposes.
[1]
Acceptance of stormwater facilities dedicated to the public.
Unless an earlier date is agreed upon between the subdivider and the
Village, the dedication of lands within a plat that are intended to
included a permanent man-made facility designed for reducing the quantity
or quality impacts of stormwater runoff from more than one lot and
that are shown on the plat as "Dedicated to the Public for Stormwater
Management Purposes" is not accepted until at least 80% of the lots
in the subdivision have been sold and a registered professional engineer
has certified to the Village that all of the following conditions
have been met with respect to the facility:
[a]
The facility is functioning properly in accordance
with the plans and specifications of the Village.
[b]
Any required plantings are adequate, well established,
and reasonably free of invasive species.
[c]
Any necessary maintenance, including removal of
construction sediment, has been properly performed.
(10)
Public water supply facilities. The subdivider shall construct
water mains in such a manner as to make adequate water service available
to each lot within the subdivision. The subdivider shall install or
cause to be installed water laterals at the center of each lot to
the street lot line. If municipal water service is not available,
the subdivider shall make provisions for adequate private water systems
as specified by the Village, County Board of Health and Wisconsin
Department of Health Services. 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 Engineer
and Fox Crossing Utilities.
(11)
Other. The subdivider shall cause gas, electrical power and
communication facilities to be installed in such a manner as to make
adequate service available to each lot in the subdivision. No such
electrical or communication service shall be located on overhead poles
along the front lot lines unless otherwise approved by the Planning
Commission due to exceptional topography or other physical barrier.
The subdivider shall consult with the various utility companies to
determine the feasibility of burying utility lines. Plans indicating
the proposed location of all gas, electrical power and communication
distribution and transmission lines required to service the plat shall
be approved by the particular utility having jurisdiction.
(12)
Streetlamps. Unless otherwise provided, the subdivider shall
install decorative streetlamps of a type approved by the Planning
Commission and Village Board and in accordance with plans and standard
specifications set by the applicable utility company and the streetlighting
policy set by the Village Board.
(13)
Street and regulatory signs and traffic signals. The subdivider
shall cause to be installed, at the intersection of all streets, street
name and regulatory signs of a design specified by the Village and
as required in the development agreement. The subdivider shall pay
the Village to install traffic signals of a design approved by the
Village and as required in the development agreement at locations
specified by the Village. The subdivider shall pay the Village to
install street and regulatory signs and traffic signals of a design
approved by the Village and as required in the development agreement.
C.
Construction and inspection.
(1)
Commencement. No construction or installation of improvements shall
commence in a proposed land division until the final plat has been
approved and the Street Superintendent and Village Engineer have given
written authorization, and only after required sureties have been
accepted by the Village.
(3)
Plans.
(a)
The following plans and accompanying construction specifications
shall be submitted and approved before authorization of construction
or installation of improvements:
[1]
Street plans and profiles showing existing and proposed grades,
soil conditions, elevations and cross sections of required improvements;
[2]
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevation and materials of required facilities;
[3]
Storm sewer plans and profiles showing the locations, grades,
sizes, cross sections, elevations and materials of required facilities;
[4]
Water main plans and profiles showing the locations, sizes,
elevations and materials of required facilities;
[5]
Planting plans showing the locations, age and species of any
required street trees; and
[6]
Additional special plans or information as required.
(b)
The engineer shall submit one copy of the above plans to the
Village Engineer directly and four copies of the above plans to the
Department of Community Development, which shall keep one copy and
forward the remaining copies to the following departments:
(4)
Inspection. The subdivider, prior to commencing any work within the
subdivision, shall make arrangements with the Village Engineer to
provide for adequate inspection. The Village Engineer shall inspect
and approve all completed work prior to release of the sureties.
(5)
As-built plans required. Prior to completion and acceptance by the
Village of all improvements, the subdivider shall provide a copy of
all improvement plans in AutoCAD or compatible form by electronic
mail or compact disc to the Department of Community Development.
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:
(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.
(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.
A.
Generally.
(1)
All plats or subdivisions of land adjacent to any expressway, freeway,
or other four-lane highway shall be approved only if such complies
with the following.
(2)
A-WEIGHTED SOUND LEVEL
DECIBEL (dB)
EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq)
SOUND
SOUND LEVEL
SOUND-LEVEL METER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
The equivalent steady-state sound level, which in a stated
period of time contains the same acoustic energy as the time-varying
sound level during the same period. For purposes of measuring or predicting
noise levels, a receptor is assumed to be at ear height, located five
feet above ground surface. "Leq(h)" means the hourly value of Leq.
An oscillation in pressure, partial displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as A, B,
or C as specified in American National Standards Institute specifications
for sound-level meters (ANSI S1.4-197, or at the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound-pressure levels.
B.
Construction restrictions for habitable and institutional structures.
(1)
No new single-family residential structure shall be approved for
construction (excluding substantial repair or alteration) if any exterior
hourly traffic sound level, Leq(h), anywhere within a proposed outdoor
living area is projected to be equal to or in excess of 67 dBA upon
completion of the structure or any time thereafter.
(2)
No new multiple-family residence, dormitory, mobile home park, transient
lodging, school, hospital, nursing home or similar structure, or substantial
modification of such existing structure, shall be approved for construction
if any exterior hourly traffic sound level, Leq(h), anywhere within
a proposed outdoor living area on the site is projected to be equal
to or in excess of 67 dBA upon completion of the structure or modification
or any time thereafter.
(3)
Construction otherwise prohibited shall be allowed if there are no
outdoor use areas on the site of the proposed structure projected
to be exposed to an hourly traffic sound level Leq(h) equal to or
in excess of 67 dBA and provided that there is incorporated into the
design and construction of the structure such sound attenuation measures
as are necessary to reduce the maximum interior hourly traffic induced
sound level, Leq(h), in a habitable room to 52 dBA upon completion
of the structure or modification or any time thereafter.
(4)
Prior to issuance of any building permit for any structure regulated pursuant to Subsection B(3), the owner of the structure shall submit to the Planning Commission and Director of Community Development plans and specifications identifying the sound attenuation measures to be incorporated into the design and construction of the structure to meet the interior Leq(h) criteria.
C.
Recreational area restrictions.
(1)
No land shall be designated or approved for construction or use as
a public or private exterior recreational area, including but not
limited to children's playgrounds, outdoor theaters and amphitheaters,
picnic grounds, tennis courts and swimming pools, if any exterior
hourly traffic sound level, Leq(h), anywhere on the site of the proposed
recreational areas is projected to be equal to or in the excess of
67 dBA upon completion of the construction or designation of the site
or any time thereafter.
(2)
This section shall not apply to the designation or approval of any green belt or open space in any area in which the noise level exceeds the level specified in Subsection C(1) regardless of whether such green belt or open space is open to public use, provided that no recreational improvement or facility is constructed thereon.
(3)
Designation or approval of exterior recreational area otherwise prohibited under Subsection C(1) shall be allowed if the noise level specified in that subsection can be achieved by appropriate means of sound attenuation, such as berms, barriers, or buildings, at the perimeter of or elsewhere on the site.
(4)
No new interior recreational facility, including but not limited
to gymnasiums, ice- or roller-skating rinks, indoor swimming pools,
and tennis courts, shall be approved for construction if the hourly
traffic sound level, Leq(h), anywhere on the site is projected to
be equal to or in excess of 67 dBA upon completion of the structure
or any time thereafter, unless there is incorporated into the design
and construction of the structure such sound attenuation measures
as are necessary to reduce the maximum hourly traffic induced sound
level, Leq(h), to 52 dBA.
D.
Site study requirement.
(1)
If the Planning Commission has reason to believe that a full report
is necessary to determine whether a proposed project is prohibited,
such report shall be made by the applicant prior to approval of any
subdivision, zoning or building permit application. (If a full report
has not been presented and the applicant believes the project was
wrongfully prohibited, he may file a full report within 21 days of
the Planning Commission decision and request reconsideration.) A full
report shall contain the following information and any other information
which the Planning Commission may reasonably require:
(a)
The existing maximum hourly traffic sound level, Leq(h), for
a representative sample of locations, measured in accordance with
guidelines presented in "Sound Procedures for Measuring Highway Noise:
Final Report," August 1981, U.S. Department of Transportation, Federal
Highway Administration, Arlington, VA, or modeled according to a methodology
consistent with the methodology in the FHWA Highway Traffic Noise
Prediction Model (Report No. FHWA-RD-77-108);
(b)
The projected future Leq(h) at the site resulting from future
traffic increases; and
(c)
Where applicable, plans for sound attenuation measures on the
site and/or of the structure proposed to be built and the amount of
sound attenuation anticipated as a result of these measures.
(2)
In determining whether an applicant should be required to submit a full report pursuant to Subsection D(1), the Planning Commission shall consider Ch. Trans 405, Wis. Adm. Code, and the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23, Code of Federal Regulations, Chapter I, Subchapter H, Part 772.
E.
Proposed comprehensive plan or zoning change.
(1)
No proposed comprehensive plan for land adjacent to an existing county,
state or federal highway or planned transportation corridor shall
be approved unless such plan includes a sound analysis which:
(2)
No zoning change application shall be approved unless the site feasibility
study submitted, as required by the Planning Commission, contains
an analysis which:
F.
Truth in selling or renting. No person shall sell or rent, or cause to be sold or rented, any structure constructed after the date of adoption of this section, or property to be used for human habitation, where the structure or property as defined in Subsection B(1) is exposed to sound levels regularly equal to or in excess of 67 dBA, leq(h), without making full written disclosure to all potential buyers or renters of the existence of sound levels and of the nature of the sources.
