[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg as Ch. 18 of the former Municipal Codebook. Amendments
noted where applicable.]
The purpose of these regulations is to regulate and control
the subdivision of land within the corporate limits and extraterritorial
plat approval jurisdiction of the City of Reedsburg in order to promote
the public health, safety, convenience and general welfare. The regulations
are designed to lessen congestion in the streets and highways; to
foster the orderly layout and use of land; to ensure safety from fire,
panic, and other dangers; to provide optimum light and air; to discourage
overcrowding of land; to lessen considerations of population; to facilitate
adequate provision for transportation, public water and sewerage,
schools, parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
The regulations are made with reasonable consideration for, but not
limited to, the present character of the City and its environs, with
the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry, and providing for the
most appropriate use of land in the City.
As used in this chapter, the following terms shall have the
meanings indicated:
A map of land division to create not more than four parcels
of land regardless of size over a period of five years. Certified
survey maps in the plat approval jurisdiction of the City shall, in
addition to the provisions of § 236.34, Wis. Stats., bear
a certificate of approval of the Council, certified by the City Clerk-Treasurer.
The comprehensive
plan (aka "master plan") for guiding and shaping the growth and development
of the City, including all of its component parts, as adopted and
certified to by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any splitting up of a recorded tract of land, except as provided by § 674-3D of this chapter.
A map of land division creating more than four parcels of
land regardless of size over a period of five years, complete with
all necessary text, certificates, and affidavits required by statute
or ordinance to qualify it for recording in the office of the Register
of Deeds. All plats, regardless of lot size, shall be reviewed in
accordance with Ch. 236, Wis. Stats.
Includes the plural as well as the singular, and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of any of these.
The City Plan Commission established by ordinance in conformity
with § 62.23(1), Wis. Stats.
Includes all the corporate limits of the City, plus the unincorporated
area outside the City which is within 1 1/2 miles of the corporate
boundaries of the City as adjusted by the provisions of § 62.23,
Wis. Stats.
A map or sketch of a proposed subdivision or division of
land.
The planning group established pursuant to § 62.23(7a),
Wis. Stats., and consisting of representatives of the City of Reedsburg,
Town of Reedsburg and Town of Winfield.
A public thoroughfare which affords the principal means of
access to abutting property.
MAJOR STREETOne designed for heavy through traffic and provides access to the major employment, business and education areas or through-City traffic.
COLLECTOR STREETOne which carries traffic from minor streets to the system of major streets, including the principal entrance streets of a residential development, and provides for circulation within such development.
MINOR STREETOne which is used primarily for access to abutting properties.
MARGINAL ACCESS STREETOne which is parallel and adjacent to major streets and which provides access to abutting properties and protection from through traffic on the major streets.
ALLEYA public thoroughfare and/or right-of-way which affords only a secondary means of access to abutting properties.
PEDESTRIAN PATHWAYA public thoroughfare and/or right-of-way usually running at right angles to streets, which is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.
EASEMENTThe area of land set aside or over or through which a liberty, privilege, or advantage in land, distinct from ownership of land, is granted to the public or some particular person or part of the public.
As defined in § 236.02(12), Wis. Stats., and as
amended in the definition of "final plat" in this section.
[Amended 7-22-2013]
An approval with or without recommended alterations given
to the preliminary plat or preliminary certified survey by the Plan
Commission. It shall constitute the necessary authority to proceed
with the preparation and presentation of the final plat or final certified
survey map for the consideration of the Council.
A.
No land within the corporate limits of the City or within the extraterritorial
plat approval jurisdiction thereof shall be divided by a subdivision
plat or certified map, nor may such documents be entitled to be recorded
in the office of the Register of Deeds, nor may any streets be laid
out, nor may any improvements be made to the land, until the provisions
of this chapter and Ch. 236, Wis. Stats., are met, and the plat or
certified survey map and the plan or plans of the subdivision shall
have been approved by the Plan Commission and Council and certified
thereto by the City Clerk-Treasurer.
B.
Any division of land, other than a subdivision, shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats., and this chapter. Any division of land which shall create
a remaining parcel less than 10 acres of area shall include the remaining
parcel as a lot in the subdivision plat or certified survey map.
C.
No building permit shall be issued by the City authorizing the building
on or improvement of any parcel of land not of record as of the effective
date of this chapter until the provisions and requirements of this
chapter have been met.
D.
Minor land divisions. The provisions of this chapter shall not apply
to the following but shall be submitted to the City for verification:
[Added 1-11-2016 by Ord.
No. 1820-16]
(1)
Transfers of interests in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages or easements.
(3)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
A.
Preapplication procedure. Prior to the filing of an application for
approval of a plat or a certified survey map, a subdivider may consult
the staff of the City Engineer or the Plan Commission for advice and
assistance for the purpose of reviewing the procedures and requirements
of this chapter and other ordinances and any plans or data which may
affect the proposed development. Fees for plat and certified survey
review are set forth in the current City Fee Schedule on file in the
City’s offices or available on the City’s website..
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Preliminary plat or preliminary certified survey map.
(1)
The owner of land, or his agent, shall provide a preliminary plat
or preliminary certified survey map when any final plat or certified
survey map will require the dedication of streets, parks or the extension
of public services such as sanitary and storm sewer, water or street
improvements.
(2)
The owner of land, or his agent, shall provide a certified plat or
preliminary survey map if the Plan Commission, after review of the
application, determines a preliminary plat or preliminary survey map
is necessary before the final plat or map may be submitted for approval.
The plat or map shall be filed within 21 days after the Plan Commission
makes its demand with the City Clerk-Treasurer, who shall distribute
the plat or map to all agencies, commissions, and individuals who
must approve the final plat.
(3)
A preliminary plat, or preliminary certified survey map, shall be
a legible print made from a drawing at a scale not greater than 100
feet per one inch that shall show correctly the following:
(a)
Proposed name of the subdivision, if a plat.
(b)
Name and post office address of the owner or his agent.
(c)
Date, scale and North point.
(d)
Small-scale drawing showing the location of the land to be divided,
major streets referenced to the United States Public Land Survey.
(e)
Exterior boundaries of the land to be divided referenced to
a corner established in the United States Public Land Survey and the
total acreage encompassed thereby.
(f)
Location and names of adjoining subdivision and the owners of
undivided lands.
(g)
Present zoning of the land to be divided and adjoining lands;
proposed zoning.
(h)
Location, width, and names of all existing and platted streets,
alleys, or other public ways and easements; railroad and public utility
rights-of-way; parks; cemeteries; watercourses; drainage ditches;
permanent buildings; bridges; size, grade, and invert elevations of
all existing sanitary and storm sewers and water mains; and other
pertinent data within, adjacent to, or affecting the proposed division
of land or of property owned or controlled by the owner.
(i)
Water elevations of adjoining lakes or streams at the date of
survey and the approximate high- and low-water levels thereof. All
elevations shall be referred to USGS Datum.
(j)
Contour lines at a vertical interval of not more than two feet
where the ground slope is less than 10% or five feet in other areas.
Reference shall be to USGS Datum.
(k)
Layout, width, approximate radii of all curves, and approximate
grades of all streets and rights-of-way, easements for sewers, water
mains, and other public utilities, provision for stormwater drainage.
(l)
Direction, distance and invert elevation of nearest water mains,
sanitary and storm sewers.
(m)
Approximate dimensions and area of all lots and other parcels.
(n)
Proposed building setback line, if different from that required
by the City or extraterritorial zoning ordinance.
(o)
Location and approximate dimensions and acreage of any sites
to be reserved or dedicated for parks, playgrounds, drainageways,
or other public use of which are to be used for church sites, schools,
or other similar uses.
(p)
Affidavit of the registered land surveyor affixed to the plat
or map certifying that it is a correct representation of all existing
divisions and features and that he has complied with all applicable
statutes and regulations.
(4)
The preliminary plat or map shall be checked and reviewed as to its
conformity with the Comprehensive Plan, the Official Map and the principal
standards and requirements set forth in this chapter. The City Engineer
shall examine the plat or map for technical details and shall certify,
in writing to the Plan Commission, his objection or nonobjection to
the plat or map. Copies shall be referred by the owner for review
and recommendations to the state, county or town agencies as required
by § 236.12(2), Wis. Stats.
[Amended 7-22-2013]
(5)
After review of the preliminary plat or map, including by the Reedsburg
Area Development Council if in the extraterritorial area, consideration
of comments received from reviewing agencies and individuals, and
conferences with the owner on any changes deemed advisable and the
kind and extent of public improvements which will be required, the
Plan Commission shall approve, conditionally approve, or reject the
plat or map with a written statement setting forth the reasons for
rejection.
(6)
If the Plan Commission rejects the plat or map, it shall return it
to the owner. If it approves or conditionally approves the plat or
map, it shall notify the Council.
(7)
The Common Council shall act on the plat or map, and the recommendations
of the Plan Commission as to the kind and extent of public improvements
which will be required, within 90 days of the filing of said plat
or map with the City Clerk-Treasurer, and thereafter instruct the
City Clerk-Treasurer of its approval or rejection, who shall notify
the owner of the action taken by the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Final plat or final certified survey map.
(1)
Final plats or final certified survey maps shall be submitted for
approval within 36 months of the filing or if within 36 months of
the approval of the preliminary plat, whichever time is greater, unless
otherwise extended. The Plan Commission and Council shall act within
60 days of submission of a completed and proper final plat unless
extended by mutual agreement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Simultaneously with the filing of the final plat or map, the owner shall file with the City Clerk-Treasurer four copies of such plat or map and evidence of compliance with § 674-5 of this chapter.
(3)
The City Clerk-Treasurer shall forward the plat or map to the Plan
Commission and to the Reedsburg Area Development Council if in the
extraterritorial area. The Reedsburg Area Development Council shall
advise the Plan Commission of any action it shall take on the final
plat or map.
(4)
The Plan Commission shall refer the final plat or map to the City
Engineer for review. The City Engineer shall examine the plat or map
for technical details and shall certify, in writing to the Plan Commission,
his objection or acquiescence to the plat or map.
(5)
If the plat or map is satisfactory to the Plan Commission, it shall
so certify in writing to the Council; if it is not satisfactory to
the Commission, it shall be rejected and returned to the owner with
a written statement setting forth the reasons for rejection.
(6)
When the Council receives the approved plat or map and the owner has complied with § 674-5 of this chapter, it shall signify its action by motion or resolution. If they are rejected, the Clerk shall so advise the owner, in writing; if approved, the Clerk shall endorse the plat or map as required by Ch. 236, Wis. Stats., and return it to the owner for recording.
(7)
The approval of the final plat or map by the Council shall constitute
acceptance of the dedication of any public street, open space, or
other public area within the corporate limits of the City.
(8)
A final plat or final certified survey map shall comply with all
applicable regulations of Ch. 236, Wis. Stats.
A.
Construction by owner. All of the public improvements required by
the Council to be constructed by the owner shall be constructed in
accordance with the provisions of this chapter prior to the filing
of the final plat with the City Clerk-Treasurer for approval by the
Common Council. The owner shall provide a surety bond running to the
City for a period of one year after completion of construction in
the amount of 20% of the cost of the improvements to guarantee workmanship
and materials of construction and to save the City harmless from any
cost to repair or replace the improvements, unless said improvements
are constructed by the City.
B.
Performance. Construction of all required improvements shall be completed
within two years of the approval of the final plat by the Common Council
unless good cause can be shown for granting an extension of time by
the Council.
C.
Plans, specifications, and inspection. Construction plans and specifications
for improvements required to be installed shall be furnished in accordance
with the City Comprehensive Plan, standards and specifications established
by the officials having jurisdiction and shall receive approval of
these officials before improvements are installed. The following plans
shall be required, where applicable:
(1)
Street plans and profiles showing existing and proposed grades, including
extension for a reasonable distance beyond the subdivision. Plans
and profiles for curb, gutter and sidewalk installation or, if in
a rural area, typical cross sections showing shoulders, ditches and
side banks.
(2)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials.
(3)
Storm sewer plans and profiles showing the locations, grades, sizes,
elevations and materials or methods of stormwater disposal in lieu
of sewers.
(4)
Water main plans and profiles showing locations, sizes, elevations
and materials.
(5)
Such additional plans and specifications as required. The owner shall
be responsible for obtaining any state or county agency approval that
may be required. The City Engineer or other designated representative
shall inspect the construction of all required improvements at the
owner's expense.
D.
Ownership or improvements. All public improvements required to be
constructed herein, such as streets, curb, gutter, sidewalk, sanitary
and storm sewers, water mains, etc., shall become the property of
the City or the township, if an extraterritorial area.
E.
Where it shall appear to the satisfaction of the Common Council that
the whole of the plat and its subdivision cannot immediately be fully
improved with respect to the installation of all storm and sanitary
sewers and related facilities and street improvements by reason of
unavoidable delay in the acquisition of land necessary for such improvements
or by reason of an unavoidable delay in obtaining necessary engineering
data and information or for any other good reason or cause, the Common
Council may authorize the owner to proceed with the installation of
improvements required under this chapter on a portion or part of such
subdivision and, in such event, the requirements of this chapter shall
apply to that portion or part thereof authorized for immediate improvement.
Only that portion of the approved preliminary plat for which
a final plat is being prepared need comply with this section.
F.
Undeveloped parcels. Whenever street improvements or utilities traverse
an undeveloped parcel of land, the costs of installing said improvements,
utilities, public services, streets, curb and sidewalk will be borne
by the subdivider requiring installation of such improvements or utilities.
If the undeveloped parcel is developed within 10 years of the installation
of said street improvements of utility installation and if the development
utilizes the street improvements and utilities previously installed,
then the developer of said previously undeveloped parcel shall be
assessed the proportionate share of the actual cost incurred during
the original installation, and said amount shall be reimbursed to
the original owner and subdivider who was required to construct and
finance said improvements. There shall be no consideration for interest
or inflation.
G.
Construction by the City. In lieu of the owner constructing all of the required improvements (Subsection A), the owner may contract with the City, if the City agrees, or with the Township, if in extraterritorial area, for the installation of all of the required public improvements. The owner shall post with the City cash, negotiable securities, or a surety bond satisfactory to the City, running to the City, or the Township if in extraterritorial area, in value sufficient to cover the full estimated cost, as determined by the City Engineers, of the design, inspection and construction of the required improvements or the cost established by ordinance or contract. If any owner requests that any construction be performed by the City, or the Township if in the extraterritorial area, before approval of the final plat, an easement shall be given the owner to the City for the privilege of construction on proposed streets.
H.
Required improvements. The following improvements shall be required
within the corporate City limits and may be required to the extent
applicable in the extraterritorial area:
(1)
Street improvements. The owner shall be responsible for the total
improvement of the street, the culverts, and bridges, including clearing
and grading of the entire right-of-way, subbase, base, and surface,
and any other related expenses.
(2)
Curb, gutter and sidewalk. The owner shall be responsible for the
installation of curb and gutter and sidewalk in all areas required
by the City, or Township if in extraterritorial area, or for the construction
of shoulders, ditches, driveway culverts, etc., if in areas where
curb and gutter are not required.
(3)
Sanitary sewer. The owner shall be responsible for the installation
of a sanitary sewer system with design standards and sizings acceptable
to the City Engineer, including any oversizing that may be necessary,
inclusive of all lateral connections to each lot and lift stations
where required.
(4)
Water main. The owner shall be responsible for the installation of
a water distribution system with design standards and sizings acceptable
to the City Engineer, including any oversizing that may be necessary,
inclusive of all lateral connections to each lot and booster pumps
where required.
(5)
Storm sewer. The owner shall be responsible for the installation
of a storm sewer system with design standards and sizings acceptable
to the City Engineer, including any oversizing that may be necessary,
inclusive of curb inlets, catch basins, detention areas (where required)
and other appurtenant structures as called for by the City Engineer.
(6)
Electric/telephone/gas/cable TV. The owner shall be responsible for
the installation of electrical, telephone, gas and cable TV (if desired)
systems adequate to serve the subdivision and for conformance to the
rules and regulations of the entities thereof. The owner shall be
responsible for the coordination of the installation of these facilities
with the installation of the other improvements. If the installation
of any of these facilities is deferred, the owner and subdivider shall
make suitable provisions to minimize disruption or damage to existing
utilities or streets.
(7)
Street signs. The developer shall pay for the initial street name
and traffic control signs.
[Added 3-26-2007; amended
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In laying out a subdivision, the owner shall conform to the
provisions of Ch. 236, Wis. Stats., the Comprehensive Plan and Official
Map of the City, and all applicable ordinances of the City. In all
cases where the requirements of the ordinance are different from the
requirements of Ch. 236, the more restrictive provisions shall apply.[1]
[1]
Editor's Note: Original Sec. 18.07, which immediately followed
this section, of the former Municipal Codebook was repealed 4-14-2003.
A.
Streets shall be provided for convenient access to all parcels of
land to be created by the subdivision. The subdivision layout shall
be such as to provide each lot, by means of a public street, satisfactory
access to an existing public street. All streets shall be dedicated
to the public, unless in areas outside the corporate limits, where
the town board may permit private streets. The design of private streets
shall be in full conformity with this chapter.
B.
The layout of the streets shall conform to the Official Map.
C.
In areas not covered by the Official Map, the layout of the streets
shall conform to the plan for the most advantageous development of
adjoining areas of the neighborhood. The streets shall be designed
and located in relation to existing and officially planned streets,
topography and natural terrain, efficient provision for drainage,
sanitary sewer, water and other utilities, streams and lake and existing
tree growth, public convenience and safety, and in their appropriate
relation to the proposed use of the land to be served by such streets.
Minor streets shall be designed to discourage use by through traffic.
D.
Street classification.
(1)
Major streets are those streets that have the greatest importance
to the development of the City and its environs. Major streets shall
have a width of right-of-way not less than 100 feet.
(2)
Collector streets are streets of somewhat less importance than major
streets. Collector streets shall have a right-of-way of not less than
66 feet.
(3)
Minor streets are streets designed primarily for access to abutting
property and shall have a right-of-way of not less than 66 feet. Temporary
dead-end streets shall not be more than 1,000 feet long and must be
provided with a turnaround at the dead end of not less than 120 feet
in diameter. Appropriate provision shall be made for those parts of
the temporary turnaround to revert to the property owners when the
street is extended.
(4)
Marginal access streets may not be less than 60 feet wide.
E.
Provision shall be made so that all proposed streets shall have a
direct connection with or be continuous and in line with existing,
planned or platted streets with which they are to connect.
F.
Proposed streets shall be extended to the boundary lines of the tract
to be subdivided unless prevented by topography or other physical
conditions or unless, in the opinion of the Plan Commission, such
extension is not necessary or desirable for the coordination of the
layout or the most advantageous future development of adjacent tracts.
G.
Grades. The grade of major and collector streets shall not exceed
6% unless necessitated by exceptional topography and approved by the
Plan Commission. The grade of minor streets shall not exceed 10%.
The minimum grade of all streets shall be 0.50% unless specifically
authorized by Council.
H.
Horizontal curves. When a continuous street center line deflects
at any one point by more than 10°, a circular curve shall be introduced,
having a radius of curvature on said center line of not less than
300 feet for major streets, 250 feet on collector streets and 150
feet for minor streets.
I.
Sight distance. A minimum sight distance with clear visibility measured
along the center line shall be provided with at least 300 feet on
major streets, 200 feet on collector streets and 120 feet on all other
streets.
J.
Vertical curves. All changes in street grades shall be connected
by vertical curves of a minimum length equivalent to 30 times the
algebraic difference in the rate of the grade for major streets and
equivalent to 20 times this difference for all other streets.
K.
Tangents. A tangent of at least 100 feet shall be introduced between
reverse curves on major and collecting streets.
L.
Street names.
[Amended 3-12-2007]
(1)
East-west collector and arterial streets shall use the numeric street
system that runs across Reedsburg, north of Main Street (i.e., 22nd
Street).
(2)
North-south streets are divided by Main Street. East-west streets
are divided by the Baraboo River and Hay Creek (extended).
(3)
The end of each street name shall be Street, Court, Avenue or Drive.
(4)
Streets in the Reedsburg Business Center and Industrial Park shall
have business-related names recommended by the Industrial Development
Commission.
(5)
Street names shall continue even if interrupted by several blocks
(i.e., Willow).
(6)
Developers have the opportunity to suggest street names for subdivisions
that must be reviewed by the Plan Commission as part of plat approval.
(7)
Names that sound alike or are duplicative of existing roads in the
extraterritorial area of the City are not allowed. There shall not
be Michael Court and Michael Avenue, for example.
(8)
The City maintains a list of names of war veterans that are suitable
for street naming purposes. The names are alternated between wars.
(9)
This chapter gives the responsibility for street names to the Plan
Commission if they are established as part of the platting process.[1]
[1]
Editor's Note: Former Subsection L(10), which prohibited the
use of first names as street names, which immediately followed this
subsection, was repealed 11-23-2020 by Ord. No. 1914-20.
M.
Reserve strips. Reserve strips controlling access to streets shall
be encouraged where their control is definitely placed with the City
under conditions approved by the Plan Commission.
N.
Half streets. Where a half street is adjacent to the subdivision,
the other half of the street shall be dedicated by the subdivider.
O.
Intersection.
(1)
Property lines at street intersections (street row line) shall be
rounded where the Plan Commission considers it necessary.
(2)
Street jogs with center line offsets of less than 125 feet shall
be avoided. Where streets intersect major streets, their alignment
shall be continuous.
(3)
Streets shall intersect each other at as nearly right angles as topography
and other limiting factors of good design permit.
(4)
The number of streets converging at one intersection shall be reduced
to a minimum. Wherever practicable, the distance between intersections
shall be not less than 1,200 feet.
[Amended 1-12-2004]
A.
The lengths, widths and shapes of blocks shall be such as are appropriate
for the locality and type of development contemplated, but block length
in residential areas shall generally be at least 400 feet in length
and shall not exceed 1,200 feet nor have less than sufficient width
to provide for two tiers of lots of appropriate depth between street
lines, except where otherwise designed to separate residential development
from major streets.
B.
Marked pedestrian crosswalks with ADA-compliant ramps may be required
by the Plan Commission through the center of blocks more than 900
feet long or every 500 feet, whichever is less.
[Amended 1-11-2016 by Ord. No. 1820-16]
A.
Size, shape and orientation of lots shall be appropriate for the
location of the subdivision and for the type of development and use
contemplated, provided no lot shall contain less than the area required
by the applicable zoning code.
C.
Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated as required by Chapter 690, Zoning.
D.
Residential lots fronting on major streets and highways should be
platted with extra depth or designed with reverse frontage with screen
planting contained in a nonaccess reservation along the rear property
line, or a marginal access street shall be provided to alleviate the
effect of major street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width to permit full building setback from both streets as required by Chapter 690, Zoning.
F.
Every lot in the corporate area of the City shall abut or face a
public street. Lots outside the corporate limits may abut or face
a private street if permitted by the town board.
G.
Side lot lines shall be substantially at right angles or radial to
abutting street lines.
H.
In case a tract is divided into larger lots, consideration shall be given to designing such lots to permit redividing into parcels in accordance with this chapter and Chapter 690, Zoning.
I.
Lots shall not be divided by municipal or town boundary lines.
J.
Double frontage and reversed frontage lots shall be avoided except
where necessary to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.
A.
Utility easements shall be provided at the rear of all residential
lots and along the side lot lines where required. Such utility easement
shall be at least 10 feet wide and normally centered upon the rear
of side lot line. Evidence shall be furnished the Plan Commission
prior to approval of the final plat or final certified survey map
that easements and any easement provisions to be incorporated on the
plat or in deeds have been reviewed by the individual utility companies
or the organizations responsible for furnishing the service involved.
B.
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream:
(1)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the liens of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and may be necessary to comply with this section; or
(2)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that maintenance of adequate drainage right-of-way
conforming to the lines of the relocated watercourse and such further
width or construction, or both, will be adequate for the purpose and
may be necessary to comply with this section; or
(3)
The Plan Commission may require area to be set aside for stormwater
detention if necessary to provide for an efficient provision for stormwater
drainage.
A.
The Plan Commission may authorize a variance from the requirements
of this chapter when, in its judgment, strict application of this
chapter would result in unnecessary hardship or practical difficulty.
The Commission may, in conjunction with the granting of a variance,
impose conditions if those conditions bear a real and substantial
relation to the public health, safety, or general welfare and comply
with applicable laws.
B.
Procedure for granting of variance.
(1)
All applications for variance shall be submitted, in writing, by
the subdivider at the time when the preliminary survey is filed for
consideration by the Commission. The application shall state fully
and clearly the specific ordinance provision from which the variance
is sought, the details of the variance sought, a description of the
land for which the variance is sought, the grounds for the application,
and all facts relied on by the applicant. The application may be accompanied
by maps, plans, or other additional material that may aid the Commission
in making its determination.
(2)
The Commission shall not act on an application for variance unless
proper notice has been given. Proper notice shall include notice of
the meeting at which the Commission intends to act on the application,
published once in a newspaper meeting the requirements of § 985.06,
Wis. Stats., at least one week prior to the proposed hearing date;
as well as a written notice mailed to the applicant or his or her
agent and to adjoining property owners or their agents at least 10
days prior to the proposed hearing date.
(3)
In making its determination with respect to unnecessary hardship or practical difficulty the Commission shall take into account the nature of the proposed use of the land, the nature of existing land use in the vicinity, and the considerations set forth in § 674-1 of this chapter of the Code of the City of Reedsburg. No variance shall be granted unless the Commission finds:
(a)
That there are special circumstances uniquely affecting the
property such that strict application of the requirements of this
chapter would deprive the applicant of the reasonable use of his or
her land.
(b)
That the variance is necessary to preserve a substantial property
right of the applicant.
(c)
That the granting of the variance will not be detrimental to
the public welfare or injurious to other property in the area.
(4)
Every decision of the Commission shall be filed in the office of
the City Clerk-Treasurer, together with all documents pertaining to
it.
