[HISTORY: Adopted by the Village Board of the Village of
Barneveld as Ch. 18 of the 1993 Code. Amendments noted where applicable.]
These regulations are adopted under the authority granted by
Ch. 236, Wis. Stats.
A.
The purpose of this chapter is to:
(1)
Promote the public health, safety and general welfare of the Village;
(2)
Lessen congestion in the streets and highways;
(3)
Further the orderly layout and use of land, secure safety from fire,
panic and other dangers;
(4)
Provide adequate light and air;
(5)
Prevent the overcrowding of land;
(6)
Avoid undue concentration of population;
(7)
Facilitate the adequate provision for transportation, water, sewerage,
surface drainage, schools, parks, playgrounds and other public requirements;
and
(8)
Facilitate the further resubdivision of larger parcels into smaller
parcels of land.
B.
All decisions made by the Plan Commission pursuant to the provisions
of this chapter are recommendations to the Village Board and are subject
to Village Board review and action.
The following terms, whenever they occur in this chapter, are
defined as follows:
The division of a lot or parcel of land into two or more
parcels.
A map or plan of record of a land division, not a subdivision,
meeting all the requirements of § 236.34, Wis. Stats., and
of this chapter.
A total site plan for an area of land 40 acres or more in
size under the control of a developer(s) at the time of submission
for review. Said plan specifies and illustrates the location, relationship
and nature of all uses, easements, streets, pedestrian paths, common
open space and other public ways.
A surfaced vehicle access from private property to a public
street.
The unincorporated area within 1 1/2 miles of the corporate
limits.
The Village Board of the Village of Barneveld.
An open area of land included under the definition of "parkway,"
the primary purpose of which is to carry stormwater on the surface
of the ground in lieu of an enclosed storm sewer. Greenways may serve
the following multiple public purposes in addition to their principal
use, including but not limited to, vehicular and/or pedestrian traffic,
sanitary sewers, water mains, storm sewers, stormwater retention basins,
park development, and other related uses.
Roof areas, concrete, gravel, or bituminous surfaces, sidewalks,
decks, or other hard surface areas.
The division of a lot or parcel of land for the purpose of
transfer of ownership or building development, where the act of division
creates two or more parcels, lots or building sites, any one of which
is 15 acres or less in area. The successive land division of a lot
or parcel shall not create more than two parcels in any five-year
period.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot
excluding streets, easements and land under navigable bodies of water.
The peripheral boundaries of a lot as defined herein.
The width of a parcel of land measured along the front building
line.
A lot abutting intersecting streets at their intersection.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a double frontage lot, both street lines shall be deemed front lot
lines.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
The Comprehensive Plan for guiding and shaping the growth
and development of the Village of Barneveld, including all of the
component parts, as prepared by the Plan Commission and certified
to the Village Board.
A curve in the course of a river which continually swings
from side to side in wide loops as it progresses across flat country.
The map indicating the location, width and/or extent of existing
and proposed streets, highways, parkways, parks and playgrounds, as
adopted by the Village Board pursuant to § 62.23(6), Wis.
Stats.
Contiguous lands under the control of a subdivider(s), not
separated by streets or highways.
Any right-of-way for vehicular or pedestrian traffic, or
both, with full or partial control of access and usually located within
a park or a ribbon of park-like development. Said parkway may include
greenways required for stormwater drainage purposes where the drainage
improvement is to include park-like treatment and where pedestrian
or vehicular travel may be permitted.
The Village of Barneveld Plan Commission.
A map of a subdivision.
A map delineating the features of a proposed subdivision or land division as described in § 241-16, submitted to the Plan Commission for preliminary consideration prior to the final plat and, when required, prior to a land division.
Any public road, street, highway, walkway, drainageway, greenway,
parkway, or part thereof.
The process of changing, or the map which changes, the boundaries
of a recorded plat or part thereof. The legal division of a larger
block, lot or outlot within a recorded plat, without changing the
exterior boundaries of said block, lot or outlot is not a replat.
See § 236.36, Wis. Stats.
A public way for vehicular and pedestrian traffic, whether
designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, or however otherwise designated:
ARTERIAL STREETS AND HIGHWAYSThose streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances, including USH 18-151.
COLLECTOR STREETSStreets which provide moderate speed movement of persons and goods between major arterials and/or activity centers, including County ID, County Trunk K and County Trunk T. They are basically local streets which, because of directness of routing and higher capacity, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
LOCAL STREETSStreets designed for low speeds and low volumes which provide access from low traffic-generating areas to collector and arterial systems.
ALLEYA public right-of-way which affords a secondary means of access to abutting property.
CUL-DE-SAC STREETSStreets closed at one end with turnarounds.
DEAD-END STREETSStreets closed at one end without turnarounds.
Any person, firm, partnership, corporation, association,
estate, trust, or other legal entity requesting review of action on
a land division or subdivision.
The division of a lot or parcel of land for the purpose of
ownership transfer or building development, where:
That area which the Village Board has designated as the area
within which it expects the provision of the full range of urban facilities
and services. For purposes of this chapter, the full range of services
includes, but is not limited to, sanitary sewer, storm sewer, water
supply and distribution, fire service and police, parks and open space,
recreation, schools, and transportation.
An easement to place, replace, maintain, or move utility
facilities.
The Village of Barneveld, Wisconsin, or its duly elected
Village Board.
The Village Board of the Village of Barneveld, Wisconsin.
The Village of Barneveld Code Chapter 280, Zoning.
[1]
Editor's Note: Original Sec. 18.04, Jurisdiction in Unincorporated
Areas, which immediately followed this section, was repealed.
A.
Compliance; additional regulations. Any person dividing land within
the Village, or within its extraterritorial plat approval jurisdiction,
which results in a subdivision shall prepare a plat of the subdivision
or a certified survey map in accordance with the requirements of this
chapter, and:
(1)
The provisions of Ch. 236, Wis. Stats.;
(2)
The rules of the State Department of Transportation contained in
the Wisconsin Administrative Code for subdivisions which abut a state
trunk highway or connecting street;
(3)
Village ordinances and regulations (only within the Village);
(4)
Master Plan or Master Plan component adopted by the Village;
(5)
The rules of the Division of Plumbing, Wisconsin Department of Safety
and Professional Services, contained in Ch. SPS 383, Wis. Adm. Code,
for subdivisions not served by public sewer;
(6)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for the Floodplain Management
Program, and the Shoreland/Wetlands Management Program;
(7)
Comprehensive Plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board;
(8)
Provided, however, that this chapter shall not apply to:
(a)
Transfers of interests in land by will or pursuant to court
order;
(b)
Leases for a term not to exceed 10 years, mortgages or easements;
(c)
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.
B.
Compliance; issuance of permits. The Village shall not recognize,
and no building or other permits shall be issued by the Village authorizing,
the building on, occupancy, or improvement of any parcel of land not
on record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully complied with and
a resolution approving the land division has been adopted by the Village
Board.
C.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the Village's jurisdiction,
pursuant to § 703.27(1), Wis. Stats. For purposes of this
chapter, a condominium unit and any associated limited common elements
shall be deemed to be equivalent to a lot or parcel created by the
act of subdivision.
D.
Protections for a subdivider. To the extent that this chapter contains
time limits, deadlines, notice requirements, or other provisions that
are more restrictive than time limits, deadlines, notice requirements,
or other provisions that provide protections for a subdivider contained
in Ch. 236, Wis. Stats., the time limits, deadlines, notice requirements
or other provisions that provide protections for a subdivider contained
in Ch. 236 shall apply.
[Added 1-3-2011 by Ord.
No. 11-01-01]
Whenever a lot or parcel of land to be divided as a subdivision
or as a land division contains all or in part a street, highway, greenway,
watercourse, or a drainageway or utility easement designated in the
Master Plan or Official Map, said public way shall be platted and
dedicated by the subdivider in the location and width indicated along
with all other streets.
A.
The subdivider shall designate on every new preliminary plat of a residential subdivision an area of land suitable for park or playground purposes and shall dedicate such land to the public. The amount of land to be provided shall be at least one acre of land for every 20 proposed residential units within the plat. However, the total amount of land dedicated for public purposes or otherwise provided for meeting the objectives of this section and § 241-5 need not exceed 1/3 of the total area of the plat. The Village Board reserves the right to select those lands within the plat it considers best suited to meeting the recreational needs of the Village, providing such selection does not violate other provisions of this section. Lands required for drainageways or stormwater retention/detention required by this chapter shall not be used to satisfy the requirements of this section. If no land in the plat is selected for park purposes, the Village Board shall require the subdivider to pay the Village a sum per permitted residential dwelling unit created by such plat, designating the fee based on the designated zoning, in such amount as set by resolution of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
If the subdivider of a lot designated R-2 residential zoning desires
to build more units on the lot than is set forth on the fee schedule,
the developer shall pay a fee for each unit in excess of that listed
on the schedule. Residential units approved on lots in other residential
zoning districts shall also be assessed an additional fee per unit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
As a part of the review of each preliminary plat, the Plan Commission
shall refer the plat to the Public Works Committee for its recommendation
as to whether land should be dedicated, or fees paid in lieu of dedication.
If land is to be dedicated, the Committee will make its recommendation
as to amount and location. The Plan Commission will make its recommendation
to the Village Board as a part of its review of the preliminary plat.
The Village Board will make the final decision on payment or land
dedication as a condition of approval of the preliminary plat.
D.
The sums due in Subsections A and B above shall be paid in cash before the signing of the final plat by the Village. In the alternative, the subdivider may elect, by written agreement, to pay the fee in five equal installments. The parkland dedication fee agreement will be a recordable instrument and the land divider will pay the cost of recording. The first installment shall be paid to the Clerk-Treasurer before the signing of the final plat by the Village. A flat interest rate of 12% per annum will be charged for the installment payments. Thereafter, the balance, together with interest thereon, may be paid in cash and if not, 1/5 shall, together with interest, be paid in four equal annual installments, the second installment and each installment due thereafter shall be billed and paid as part of the real estate taxes for the year. There shall be no refunds if a lesser number of units are built than are authorized by the above schedule. In any event, full payment of the sums due hereunder shall be paid upon sale of the unit property.
E.
The developer of residential land divided by a certified survey map shall also be required to pay the Village a sum, in such amount as set by resolution of the Village Board, per permitted dwelling unit created by such land division pursuant to Subsections A and B above. Such fee shall be paid on or before the time the survey map is signed by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Should any landowner hereafter request a zoning change creating higher
density lots, such request shall be accompanied by a signed statement
by the petitioner that should the zoning change be granted by the
Village Board, he or she will, within five days thereafter, pay the
amounts in accordance with the fee schedule. The Board may, however,
determine that payment may be made in installments upon compliance
with the terms of this chapter.
G.
Funds generated by this section shall go into a designated park fund
to be used by the Village for public park purposes.
A.
When parklands are dedicated to the Village, the subdivider is required
to:
(1)
Properly grade and contour for proper drainage;
(2)
Provide surface contour suitable for anticipated use of area as approved
by the Village Engineer; and
(3)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seed as specified by the Village Engineer, fertilized with
16-6-6 or 10-10-10 at a rate of seven pounds per 1,000 square feet,
and mulched, as specified in the standard Specifications for Road
and Bridge Construction Section 627 and 629. The topsoil furnished
for the park site shall consist of the natural loam, sandy loam, silt
loam, silty clay loam or clay loam humus-bearing soils adapted to
the sustenance of plant life, and such topsoil shall be neither excessively
acid nor excessively alkaline. Fine grading and seeding must occur
within one year following issuance of the first building permit within
that land division unless otherwise authorized by the Village. The
improved area shall not be deemed officially accepted until a uniform
grass cover to a two-inch height has been established. It shall be
the responsibility of the subdivider to maintain the area until the
Village accepts the dedication.
B.
It shall be the responsibility of the Village to maintain the dedicated
areas upon their dedication and acceptance by the Village.
C.
A neighborhood park area shall be provided by the subdivider with
a standard residential water service. A community park area shall
be provided by the subdivider with a minimum six-inch water service
or at least one fire hydrant, and at least 1.4 inch sanitary sewer
lateral, all located at the street property line.
D.
The Village Board may require certification of compliance with this
section by the subdivider. The cost of such report shall be paid by
the subdivider.
E.
If the subdivider fails to satisfy the requirements of this section,
the Village Board may contract said completion and bill such costs
to the subdivider, following a public hearing and written notice to
the subdivider of noncompliance. Failure to pay such costs may result
in the immediate withholding of all building permits until such costs
are paid.
F.
The subdivider shall pay all costs of public improvements in the
public streets adjacent to or within all public and/or park lands.
Whenever a parcel of land to be divided as a subdivision or as a land division contains all or in part a site for a park or playground which has been designated on the Master Plan, and the area of which is in excess of the amount of land required to be dedicated in § 241-6 above, or a school site or other public site which has been designated on the Master Plan, such park, playground, school site or public site shall be reserved for purchase by the Village for a period of two years from the date of approval of the final plat unless extended by mutual agreement.
A.
No land shall be divided which is determined by the Village Plan
Commission to be unsuitable for use by reason of flooding, inadequate
drainage, adverse soil or rock formations with severe limitations
for development, steep slopes, severe erosion potential or unfavorable
topography, overall negative environmental impact, or any other feature
likely to be harmful to the health, safety, or welfare of the future
residents of the proposed subdivision or of the community. The Village
Plan Commission, in applying the provisions of this section, shall
in writing state the basis for its conclusion that the land is not
suitable for the proposed use.
B.
The subdivider shall furnish such maps, data and information as may
be necessary to make a determination of land suitability. In addition
to the data required to be submitted with the preliminary plat, the
subdivider may be required to submit some or all of the following
additional information for development located in an area where flooding
or potential flooding may be a hazard:
(1)
Two copies of an aerial photograph or two maps prepared by a professional
land surveyor or engineer which accurately locate the proposed development
with respect to floodplain zoning district limits, if present, channel
or stream fill limits and elevations, and floodproofing measures taken
or proposed to be taken;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Two copies of a typical valley cross section showing the channel
or the stream, the floodplain adjoining each side of the channel,
cross-sectional area to be occupied by the proposed development, and
high-water information;
(3)
Two copies of a profile showing the slope of the bottom of the channel
or flowline of the stream;
(4)
Such other data as may be required;
(5)
The subdivider may, as a part of the preapplication procedures, request
a determination of land suitability providing that he or she shall
provide all necessary maps, data and information for such a determination
to be made at that time.
C.
After referral from the Village Board, should the Plan Commission
determine that the land is unsuitable for the intended use or development,
it shall state its reasons, in writing, to the subdivider and make
its recommendation to the Village Board.
D.
When a proposed subdivision is located in an area where flooding
or potential flooding may be a hazard, the Plan Commission may transmit
to the Village Engineer one set of the information required and may
request that the Village Engineer provide technical assistance in
determining whether the land is suitable or unsuitable for the use
proposed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
A preliminary plat or final plat shall not be approved unless the
Plan Commission and the Village Board determine that adequate public
facilities and public services are available to meet the need of the
proposed subdivision.
B.
The applicant shall furnish any data requested by the Village Board,
or its designee, who shall transmit this information to the appropriate
commission(s) and committee(s) for review and shall act as coordinator
of their reports to the Plan Commission and Village Board on the adequacy
of water, sanitary and storm sewers, fire, police and emergency medical
services, parks and open space and recreation facilities, transportation
facilities and schools.
A.
Purpose.
(1)
The Village Board hereby finds that certain issues arise in condominium
developments that require limited applicability of this chapter to
condominium developments. The State Legislature has recognized that
subdivision ordinances may apply to condominiums but that subdivision
ordinances shall not impose burdens upon condominiums that are different
from those imposed on other property of a similar character not subject
to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a condominium development
is the creation of multiple, distinct property entities at or near
the ground surface, subject to property taxation as separate parcels,
with each property entity having different ownership and management.
The Village determines that this factor makes a condominium development
dissimilar, both physically and in ownership, management and control.
(3)
Thus, the Village Board hereby finds that new condominium developments
can place impacts on community resources in the same manner as other
new developments which are characterized by division of land into
lots. These impacts include:
B.
Portions of chapter applicable to condominium developments. The following
sections of this chapter shall apply to condominium developments:
(2)
Section 241-13 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 241-16 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to the following condominiums:
A.
Consultation. Prior to filing an application for approval of a preliminary
plat, development plan, or certified survey, the subdivider shall
consult with the Plan Commission for advice and assistance for the
purpose of determining land suitability and reviewing the procedures
and requirements of this chapter and other ordinances, and any plans
or data which may affect the proposed development.
B.
Environmental Assessment Checklist.
(1)
Application. All applications hereunder shall use the Environmental
Assessment Checklist, available from the Village Clerk-Treasurer.
(2)
Purpose. The purpose of this Environmental Assessment Checklist is to provide the basis for an orderly, systematic review of the effects of all new subdivisions upon the community environment in accordance with the principles and procedures of Wisconsin statutes set for local subdivision regulation. The Plan Commission will use these procedures in determining land suitability under § 241-9. The goals of the community in requiring this checklist are to eliminate or reduce pollution and siltation to an acceptable standard, assume ample living space per capita, preserve open space and parks for recreation, provide adequately for stormwater control, maintain scenic beauty and aesthetic surroundings, administer to the economic and cultural needs of the citizens and provide for the effective and efficient flow of goods and services.
(3)
Coverage. The Environmental Assessment Checklist shall apply to all
renewable subdivisions and certified survey maps. The Plan Commission
may waive the requirement for the filing of an Environmental Assessment
Checklist for certified surveys of less than five acres total area.
A.
Prior to submitting a final plat for approval, the subdivider shall
prepare and submit a preliminary plat. The subdivider shall file with
the Village at least 10 days prior to a scheduled Plan Commission
meeting a written application for approval of the preliminary plat,
including completion of a checklist for preliminary plats provided
by the Village Clerk-Treasurer, and pay the required fees. The application
shall include all data required by this chapter, accompanied by five
copies of the plat. The preliminary plat shall cover the entire parcel
owned or controlled by the subdivider, even though only a portion
thereof is proposed for development at the time. The subdivider may
elect to submit a development plan in lieu of a preliminary plat when
he or she owns or controls 40 contiguous acres or more of land. The
subdivider shall still submit a preliminary plat for that part which
is to be included in the final plat. The Village shall, within 90
days from the date all required information has been received, as
determined by the Chairperson of the Plan Commission, or within such
extended time as agreed by the developer, approve, approve conditionally,
or reject the preliminary plat or the development plan based on its
determination of conformance with the provisions of this chapter.
The Village Board shall refer the application to the Plan Commission
for a recommendation regarding the conformity of the preliminary plat
or development plan within the provisions of this chapter.
B.
The Plan Commission shall refer the preliminary plat or development
plan to the Village Engineer, the Public Works Committee and all appropriate
committees for comments and recommendations prior to making a recommendation
to the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If the preliminary plat has been approved or approved conditionally
by the Village Board, the subdivider may make written application
to the Village and pay the required fees for the approval of a final
plat. The application shall be submitted 10 days prior to the scheduled
Plan Commission meeting and shall be accompanied by five copies of
the plat. The final plat may be for all or part of the preliminary
plat. The Village Board shall refer the final plat to the Plan Commission
for a recommendation that the final plat conforms to provisions of
this chapter. The Plan Commission shall refer the plat to the Village
Engineer and appropriate committees for comments and recommendations.
After receipt of these comments and recommendations, the Plan Commission
shall make a determination and forward its recommendation to the Village
Board. Upon determining that the final plat meets the requirements
of this chapter and any additional requirements, has been submitted
within 36 months from the approval date of the preliminary plat, and
all preliminary plat conditions have been met, the Village Board shall
approve the final plat within 60 days of the date all required information
has been received by the Board. A copy of the recorded plat shall
be returned to the Village Clerk-Treasurer prior to the issuance of
a building permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When a land division is created as defined herein, the subdivider
shall first consult with the Plan Commission regarding the requirements
for certified surveys before submission of the final map. Following
consultation, a copy of the final map in the form of a certified survey
map, in accordance with § 236.34, Wis. Stats., and this
chapter, shall be submitted to the Plan Commission at least 10 days
prior to the regular meeting of the Plan Commission. The Plan Commission
shall, within 90 days of the filing, approve, approve conditionally,
or reject the map and shall notify the subdivider of its decision.
When the certified survey map involves the dedication of streets or
other public areas to the Village, the Village Board shall also approve
the map. The subdivider shall record the map with the County Register
of Deeds within 12 months of the last approval and 36 months of the
first approval by the Plan Commission and any other approving agencies.
Failure to do so shall necessitate reapproval of the map by the Plan
Commission. To the extent reasonably practicable, the certified survey
plat shall comply with the provisions of this chapter relating to
general requirements, design standards and required improvements.
A copy of the recorded survey map shall be returned to the Village
Clerk-Treasurer prior to the issuance of a building permit.
A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a professional land surveyor.
A preliminary plat shall be prepared on paper of good quality capable
of clearly legible reproduction at a scale of not more than 100 feet
to the inch and shall show correctly on its face the following information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of proposed subdivision by government lot, quarter-quarter
section, township, range, county, and state; and a location map showing
the relationship between the plat and its surrounding area and existing
streets.
(3)
Date, graphic scale and North point.
(4)
Names and addresses of the owner, subdivider, surveyor, engineer,
and the professional land planner involved in the plat preparation.
(5)
The 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 subdivider may elect to submit a development plan in lieu of a
preliminary plat for that part of the land not to be included in the
final plat if the total contiguous area owned or controlled by the
subdivider is greater than 40 acres.
(6)
The present zoning and any proposed change for the plat and all lands
adjacent thereto.
(7)
Location and elevation of any land situated within a floodplain.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the U.S. Public
Land Survey and the total acreage encompassed thereby.
(2)
Contours at vertical intervals of not more than two feet where average
slope is less than 5% or four feet where slope is 5% or greater. Elevations
shall be marked on such contours based upon USGS data where available
and upon the best available data in all other cases.
(3)
Water elevation of adjoining lakes and streams at the date of the
survey and approximate high- and low-water elevations, based upon
USGS data where available and upon the best available data in all
other cases.
(4)
Location, right-of-way width, and names of all existing streets,
alleys, or other public ways, easements, and utility rights-of-way
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(5)
Location and names of any adjacent subdivisions, parks and cemeteries,
and owners of record of abutting unplatted lands.
(6)
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, based
upon or established by the best available data.
(7)
Location, size, and invert elevation of any existing sanitary or
storm sewers, culverts, and drain pipes; the location of manholes,
catch basins, hydrants, power, and telephone poles; and the location
and size of any existing water and gas mains within the exterior boundaries
of the plat or immediately adjacent thereto. If no sewers or water
mains are located on or immediately adjacent to the tract, the nearest
such sewers or water mains which might be extended to serve the tract
shall be indicated by their direction and distance from the tract,
size, and invert elevations.
(8)
Locations of all existing property boundary lines, structures, drives,
streams, and watercourses, marshes, rock outcrops, wooded areas, and
other similar significant features within the tract being subdivided
or immediately adjacent thereto.
(9)
Location, width, and names of all proposed streets and public rights-of-way
such as alleys and easements.
(10)
Any proposed lake and stream improvement or relocation.
(11)
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, drainageways, or other public
use.
(12)
Corporate limit lines.
(13)
Approximate dimensions of all lots and outlots, together with
proposed lot, outlot, and block numbers.
(14)
When requested by the Village, a draft of a protective covenant
whereby the subdivider proposes to regulate land use in the subdivision
and otherwise protect the proposed development.
C.
Street plans and profiles. Where required, the subdivider shall provide
street profiles showing existing ground surface of the proposed center
line, right-of-way lines, and building setback lines, including extensions
for a reasonable distance beyond the limits of the proposed subdivision.
All elevations shall be based upon USGS data, and profiles shall meet
the approval of the Village Engineer.
D.
Testing. The Village Engineer may require that borings and soundings
be made in specific areas to ascertain subsurface soil, rock, and
water conditions, including depth to bedrock and depth to groundwater
table.
E.
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he or she has fully
complied with the provisions of this chapter.
The development plan, as provided for in § 241-13, shall be submitted at a scale not more than 200 feet to one inch and shall show:
A.
The final plat of the proposed subdivision shall comply with the requirements of Ch. 236, Wis. Stats., and § 241-14 of this chapter.
B.
The subdivider shall cause to be set upon the final plat arrows indicating
the direction of drainage flows for each property line not fronting
on a street on all parcels as will result from the grading of the
site, the construction of the required public improvements, or which
are existing drainage flows and will remain. The arrows shall be accompanied
on the plat with the following note:
"Arrows indicate the direction of drainage. Drainage patterns
shall be maintained by the lot owner unless written approval for modification
is obtained from the Village."
The certified survey map shall comply with the provisions of § 236.24, Wis. Stats., and § 241-15.
A.
Street arrangement.
(1)
Street layout shall conform to the arrangement, width and location
indicated on the Official Map, Master Plan, or development plan where
applicable. In areas for which such plan has not been completed, the
street layout shall recognize the functional classification of the
various types of streets and shall be developed and located in proper
relation to existing and proposed streets, to the topography, to such
natural features as streams and tree growth, to public convenience
and safety, to the proposed use of the land to be served by such streets,
and to the most advantageous development of adjoining areas. The land
division or subdivision shall be designed so as to provide each lot
with satisfactory access to a public street.
(2)
Arterial streets shall be arranged so as to provide ready access
to centers of employment, centers of government activity, community
shopping areas, community recreation, and points beyond the boundaries
of the community. They shall also be properly integrated with and
related to the existing and proposed system of major streets and highways
and shall be, insofar as practicable, continuous and in alignment
with existing or planned streets with which they are to connect.
(3)
Collector streets shall be arranged so as to provide ready collection
of traffic from residential areas and conveyance of this traffic to
the major street and highway system and shall be properly related
to the mass transportation system, to special traffic generators such
as schools, churches, shopping centers, and other concentrations of
population, and to the major streets into which they feed.
(4)
Local and minor streets shall be arranged to conform to the topography,
to discourage use by through traffic to permit the design of efficient
storm and sanitary sewerage systems, and to require the minimum street
area necessary to provide safe and convenient access to abutting property.
(5)
Proposed streets shall extend to the boundary lines of the tract
being 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 of the subdivision or for the advantageous development of the
adjacent tracts. Temporary turnarounds may be required where the street
ends at the boundary of the subdivision.
(6)
Whenever the proposed subdivision contains or is adjacent to a major
street or highway, adequate protection of residential properties,
limitation of access and separation of through and local traffic shall
be provided by reversed frontage, with screen planting contained in
a non-access reservation along the rear property line, or by the use
of frontage streets.
(7)
Stream or lake shores shall have 60 feet of public access platted
to the low-water mark at intervals of not more than 1/2 mile as required
by § 236.16(3), Wis. Stats. The Village shall not be required
to improve any lands provided for public access pursuant to this subsection.
(8)
Reserve strips (usually owned parcels) controlling access to streets
or alleys are prohibited except where control of such strips is placed
with the Village under conditions approved by the Plan Commission.
(9)
Alleys shall be provided in commercial and industrial districts for
off-street loading and service access when required by the Plan Commission,
but shall not be used in residential areas. When required, alleys
shall not be less than 24 feet wide and shall be continuous through
blocks. Dead-end alleys shall not be approved and alleys shall not
connect to a major thoroughfare.
B.
Street names and building numbers.
(1)
Duplication of existing streets names in the Village and adjacent
towns by similar word, spelling, or sound shall not be permitted.
(2)
Where a street maintains the same general direction except for curvilinear
changes for short distances, the same name shall continue for the
entire length of the street. House numbering difficulties shall be
considered the determining factor in considering whether a change
of name is necessary due to curvilinear changes.
(3)
A street name shall be changed when required to conform to the proposed
or existing house number base.
(4)
A name which is assigned to a street which is not presently a through
street, due to intervening land over which the street extension is
planned, shall be continued for the separate portions of the planned
through street.
(5)
The following designations shall be used only in the situations indicated:
(a)
Boulevard. A street with a divided pavement either existing
or planned. If the divided pavement ends, but the street continues,
the same street name and suffix shall continue.
(b)
Lane. A street having a maximum length of 500 feet, serving
a maximum of 10 single-family dwellings.
(c)
Circle. A cul-de-sac of nine lots or more.
(d)
Court. A cul-de-sac of eight lots or less.
(e)
Parkway. A street abutting park or greenway or creek.
(6)
The maximum number of street names at one intersection shall be three.
(7)
Street names shall be assigned so that no two intersections have
the same exact street names.
(8)
The name of any projection of a street shall remain unchanged even
if the projection terminates in a cul-de-sac.
(9)
The changing of a street name that does not duplicate an existing
street name shall only be approved where such change will eliminate
conflicts with other provisions of this section.
(10)
Service roads and highways served by them shall have the same
street name and designation.
(11)
Approval of street names on a preliminary plat will not reserve
the names nor shall the Village be required to accept such names at
the time of final platting.
(12)
A minimum number of letters is desirable in a street name. The
maximum number of letters, not including the prefix or suffix, shall
not exceed 12.
A.
Minimum right-of-way. The minimum right-of-way of all proposed streets
and alleys shall be of the width specified by an applicable Master
Plan, Official Map or neighborhood development study; or if no width
is specified therein, the minimum widths shall be as follows:
|
Type of Street
|
ROW
|
Street Width
| |
|---|---|---|---|
|
Arterials:
| |||
|
4-lane divided
|
100 feet
|
44 feet curb to back of curb
| |
|
Not divided
|
80 feet
|
44 feet curb to back of curb
| |
|
Collector streets
|
70 feet
|
40 feet curb to back of curb
| |
|
Local streets
|
66 feet
|
37 feet curb to back of curb
| |
|
Culs-de-sac
|
66 feet
|
37 feet curb to back of curb
| |
|
Alleys
|
24 feet
|
18 feet curb to back of curb
| |
|
Minor
|
50 feet
|
28 feet curb to back of curb
| |
B.
Cul-de-sac streets.
(1)
Culs-de-sac shall not exceed 750 feet in length from the center line
of the intersecting street to the center of the cul-de-sac circle.
(2)
Culs-de-sac shall terminate in a circular turnaround having a right-of-way
diameter of 120 feet. The reverse curve on a cul-de-sac shall have
a fifty-foot minimum radius when the bulb is centered on the street
and a 100-foot minimum radius when the bulb is offset.
(3)
No islands may be allowed in culs-de-sac.
C.
Street grades.
(1)
Unless necessitated by exceptional topography and subject to the
approval of the Village Public Works Committee, the maximum street
grades shall not exceed the following:
|
Street Classification
|
Maximum Grade
|
|---|---|
|
Arterial streets
|
6%
|
|
Collector streets
|
8%
|
|
Local streets
|
10%
|
|
Culs-de-sac
|
10%
|
|
Alleys
|
8%
|
(2)
The grade of any street shall in no case be less than 0.50%.
(3)
All changes in street grades shall provide safe stopping sight distances
as conditions require.
(4)
Street grades shall be set at elevations which, to the greatest extent
possible, maintain the existing topography, therefore eliminating
the need for removal of natural ground cover for areas outside the
street right-of-way.
D.
Radii of curvature.
(1)
When a continuous street center line deflects at any one point by
more than 5°, a horizontal curve shall be introduced having a
radius of curvature on said center line of not less than the following:
(2)
A tangent at least 150 feet in length shall be provided between reverse
curves on arterial and collector streets, and 100 feet in length between
reverse curves on local streets.
E.
Half streets. Where an existing dedicated or platted half street
is adjacent to the tract being subdivided, the other half of the street
shall be dedicated by the subdivider. Streets less than full width
on the boundary of the tract being subdivided shall not be less than
a width sufficient to produce a full pavement, a full terrace on the
plat side, and a reserve strip as determined by the Plan Commission.
F.
Pavement widths. Pavement widths for the various street types shall
be established by the Village Engineer and approved by the Village
Board.
A.
Streets shall intersect each other at as nearly right angles as topography
and other limiting factors of good design permit.
B.
The number of streets converging at one intersection shall not be
more than two.
C.
The number of intersections along major streets and highways shall
be held to a minimum. Wherever practicable, the distance between such
intersections shall not be less than 1,000 feet from center line to
center line.
D.
Local streets shall not necessarily continue across arterial or collector
streets, but if the center lines of such minor streets approach the
major streets from opposite sides within 300 feet of each other, measured
along the center line of the arterial or collector street, then the
location shall be so adjusted that the adjoinment across the major
or collector street is continuous, and a jog is avoided.
E.
Whenever practicable, the distance between local street intersections
shall be no less than 250 feet measured from center line to center
line.
A.
The widths, lengths, and shapes of blocks shall be suited to the
planned use of the land, zoning requirements, need for convenient
access, control and safety of street traffic, and the limitations
and opportunities of topography.
B.
Blocks in residential areas as measured in the long dimension from
street center line to street center line shall not be less than 600
feet nor more than 1,200 feet in length unless otherwise dictated
by exceptional topography or other limiting design factors.
C.
Pedestrianways of not less than 10 feet in width may be required
near the center and entirely across any block over 900 feet in length
where deemed essential by the Plan Commission to provide adequate
pedestrian circulation or access to schools, shopping centers, churches,
or transportation facilities.
D.
Blocks shall have sufficient width to provide for two tiers of lots
of appropriate depth except where otherwise required to separate residential
development from through traffic. Width 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 contemplated
and the area zoning restrictions for such use.
E.
All utility lines for electric power and telephone service shall
be placed underground within easements along rear lot lines. Cable
service shall be underground within easements near lot lines, and
gas service shall be underground within easements along lot lines.
A.
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. The lots should be designed to provide an aesthetically
pleasing building site and a proper architectural setting for the
buildings contemplated.
B.
Double frontage and reverse frontage lots shall be prohibited except
where necessary to provide separation of residential development from
through traffic or to overcome specific disadvantages of topography
and lake orientation.
C.
Lot sizes shall conform to the area and width requirements prescribed
for the zoning district in which the land is located.
D.
Every lot shall front or abut on a public street for a distance of
at least 50 feet or, in the case of culs-de-sac, 40 feet. The minimum
lot width measured at the building setback line shall be 80 feet.
(This applies in lieu of less stringent standard.)
E.
Side lot lines shall, as nearly as practicable, be at right angles
to straight streets or radial to curved street lines.
F.
Lots shall follow municipal boundary lines rather than cross them
whenever practicable.
G.
Corner lots shall have sufficient width to permit adequate building
setbacks from side streets.
H.
Residential lots fronting or backing on arterial streets shall be
platted with extra depth to permit generous distances between the
buildings and such trafficways.
I.
Depth and width of properties reserved or laid out for commercial
or industrial use shall be adequate to provide for the off-street
service and parking facilities required by the type of use and development
contemplated.
J.
Whenever a tract is subdivided into large parcels, such parcels shall
be arranged and dimensioned as to allow the future division of any
such parcel into normal lots in accordance with the provisions of
this chapter.
K.
Lands lying between the meander line and the water's edge and
any otherwise unplattable lands which lie between a proposed subdivision
and the water's edge shall be included as part of lots, outlots,
or public dedications in any plat abutting a lake or stream.
Where not adequately controlled by zoning regulations, building
setback lines appropriate to the location and type of development
contemplated shall be recommended by the Plan Commission.
A.
Adequate easements shall be provided and dedicated on each side of
all rear lot lines, and on front and side lot lines where necessary,
for the installation of storm and sanitary sewers, gas, water mains,
electric lines, telephone and cable television communication lines.
B.
Easements for electric, telephone, gas, and cable television communication
lines shall be noted as "utility easements" on the final plat or certified
survey map. Prior to approval of the final plat or certified survey
map, the concurrence of the electric and communications companies
serving the area as to the location and width of the utility easements
shall be noted on the final plat or certified survey map.
C.
All easements for storm and sanitary sewers, water mains, pedestrian
walks, and other public purposes shall be noted on the plat or certified
survey as "public easement for" followed by reference to the use or
uses for which they are intended.
D.
Where the electric or communications facilities or both are to be
installed underground, a plat restriction shall be recorded with the
final plat or certified survey map stating that the final grade established
by the subdivider on the utility easements shall not be altered by
more than six inches by the subdivider, his agent, or by subsequent
owners of the lots on which such utility easements are located, except
with written consent of the utility or utilities involved. The purpose
of this restriction shall be to notify initial and future lot owners
of the underground facilities at the time of purchase and to establish
responsibility in the event of damage to such facilities or the need
to alter such facilities.
E.
Where a land division, subdivision, or development plan is traversed
by a watercourse, drainageway, channel or stream, an adequate drainageway
or easement shall be provided as required by the Plan Commission.
The location, width, alignment, and improvement of such drainageway
or easement shall be subject to the approval of the Plan Commission
and parallel to streets or parkways and may be required in connection
therewith. Wherever possible, the stormwater drainage shall be maintained
by landscaped open channels of adequate size and grade to hydraulically
accommodate maximum potential volumes of flow; these sizes and design
details to be subject to review and approval by the Village Engineer
and Plan Commission. Where feasible, drainage easements should substantially
maintain existing water flow patterns onto neighboring lands.
A.
Statement of intent. It is the intent of the Village to insure quality
in land development and to insure that each development pays its share
of the cost of public facilities and services. The Village will encourage
the use of planned developments employing innovative techniques for
the design of functional and aesthetic neighborhoods and which maximize
open space and preserve the natural environment.
B.
Monuments. The subdivision shall be monumented (boundaries marked
by iron pipes) in accordance with the requirements of § 236.15,
Wis. Stats. If the topography is such that grading is required, or
when requested by the Village Engineer, the subdivider shall place
the monuments after the grading is completed. The subdivider shall
execute a surety acceptable to the Village, in an amount required
by the Village Engineer, to insure that the monuments will be placed
within the required time.
C.
Improvements.
(1)
Building permit issuance. Prior to the issuance of any building permits
in a subdivision or a land division located within the corporate limits
of the Village, the subdivider shall have completed the installation
of all required street and utility improvements as hereinafter provided.
A building permit may be issued prior to the completion of required
improvements if the following conditions are met:
(a)
Direct access to the lot may be obtained from other improved
streets not under construction;
(b)
The Village has received approval for required sewer and water
main extensions from the Wisconsin Department of Natural Resources;
(c)
The subdivider has executed an agreement with the Village for
the installation of the required improvements;
(d)
All required deposits and fees have been paid by the subdivider;
(e)
The Village or the subdivider has awarded a contract for the
installation of improvements;
(f)
The subdivider has executed a waiver of notice and protest of
special assessments.
(2)
Public water supply. Water mains and appurtenances shall be installed
in accordance with plans and specifications approved by the Village
Engineer.
(3)
Sewage collection system. Sanitary sewer mains and appurtenances
shall be installed in accordance with plans and specifications approved
by the Village Engineer.
(4)
Streets. Standard street improvements shall be installed in all subdivisions
and, where required, in any land division in accordance with plans
and specifications approved by the Village Engineer.
(5)
Sidewalks. On streets so designated by the Public Works Committee
and the Plan Commission, sidewalks shall be installed in accordance
with plans and specifications approved by the Village Engineer.
(6)
Stormwater drainage facilities.
(a)
The subdivider shall install storm sewers and all other drainage
facilities necessary for the management of all stormwater draining
through the lands being developed in accordance with the plans and
specifications approved by the Village Engineer.
(b)
The subdivider shall submit to the Village, at the time of filing,
a preliminary drainage plan or engineering report on the ability of
existing watercourse channels, storm sewers, culverts, and improvements
pertaining to drainage or flood control within the subdivision to
handle the additional runoff that would be generated by the development
of the land within the subdivision. The design criteria for storm
drainage and detention systems shall be based upon information provided
by the Village Engineer. Additional information shall be submitted
to adequately indicate that provision has been made for disposal of
surface water without any damage to the developed or undeveloped land
downstream or below the proposed subdivision. The report shall also
include:
(7)
Streetlamps. The subdivider shall install streetlamps along all streets
proposed to be dedicated of a design comparable with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Village Board. Streetlamps shall be high efficiency and similar
in design to those currently in place in the Village. If a particular
style or look is desired, the subdivider shall submit a plan and detailed
information to the Village for review.
(8)
Street signs. The subdivider shall install along all streets proposed
to be dedicated a street sign of a design approved by the Village
Board.
All subdivisions and land divisions shall comply with Chapter 128 of this Code.
Additional improvements, reasonable in nature, may be required
by the Village even though the same are not herein specified. Such
improvements shall be installed in accordance with the plans and specifications
approved by the Village Engineer.
All improvements shall be installed by contractors approved
by the Public Works Committee in accordance with the plans and specifications
approved by the Village Engineer.
The improvements specified shall be installed under the inspection
of the Village Engineer at the expense of the subdivider. The required
improvements shall be approved and accepted by the Village Board prior
to the issuance of any building permits in the subdivision.
A.
Cost reimbursement; agreements. The subdivider shall reimburse the
Village for all administrative, engineering and legal service costs
incurred in map or plat review and shall execute the agreements and
provide the securities required in this section.
B.
Preliminary land divider's agreement. At the time of filing a preliminary application under § 241-13, the developer shall execute for the benefit of the Village an agreement agreeing to pay and providing adequate security guaranteeing payment of the cost of review of the preliminary application and the final plat or map by the Plan Commission and Village Board, including without limitation by enumeration, legal, engineering, and general administrative costs. No preliminary application shall be processed by the Village until a preliminary land divider's agreement is executed and filed with the Village Clerk-Treasurer and the required security is provided. The Village Board may, from time to time, adopt a model preliminary land divider's agreement. A copy of the model agreement shall be kept on file in the office of the Village Clerk-Treasurer.
C.
Final land divider's agreement. At the time of submission of the final map or plat under § 241-14 or 241-15, the developer shall execute a final developer's agreement agreeing to pay and providing adequate security guaranteeing payment to the Village of the costs of required public improvements described in §§ 241-27, 241-28, and 241-29 including without limitation by enumeration, the legal, engineering, general administrative and construction costs. No final map or plat shall be reviewed or processed until the Village Clerk-Treasurer states on the face of the proposed final map or plat that the contract required by this section has been executed and the required security provided. The Village Board may, from time to time, adopt a model final land divider's agreement. A copy of the model agreement shall be kept on file in the office of the Village Clerk-Treasurer.
A.
By private contract.
(1)
All required improvements specified herein shall be installed at the sole expense of the subdivider, including construction staking and inspection provided by the Village Engineer and other indirect costs. The subdivider shall contract with one general contractor for the installation of all required improvements. The general contractor and all subcontractors shall meet the qualifications under § 241-30. Before the subdivider enters into a construction contract, the Village shall approve the completion terms called for by such contract. The subdivider shall also enter into an agreement with the Village setting forth the subdivider's obligations to the Village.
(2)
To guarantee the satisfactory installation of the required improvements,
and as a condition for approval of the final plat, the subdivider
shall file with the Village a surety document acceptable to the Village
in the amount of 120% of the estimated direct and indirect costs of
the required improvements. As work progresses, the Village may permit
a reduction in the amount guaranteed by the surety document equal
to the value of the improvements installed and approved by the Village.
However, the surety amount shall not be less than 15% of the original
amount. The subdivider shall guarantee all improvements constructed
against defects in material and workmanship for a period of one year
from the date of acceptance by the Village. During the guarantee period,
the subdivider shall promptly repair or replace any work determined
to be defective by the Village Engineer. Upon completion of the guarantee
period, and if all defects have been corrected, the Village shall
release the remaining surety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
By public contract.
(1)
The Village Board may, upon written request of a subdivider, contract
for installation of the required improvements. Prior to the Village
entering into such contract, the subdivider shall furnish an irrevocable
letter of credit, with the Village as beneficiary, in an amount equal
to 120% of the estimated cost of all required improvements as determined
by the Village Engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The cost of all required improvements shall be assessed by the Village
against the property benefitted thereby. As a condition for approval
of the final plat, the subdivider shall waive, pursuant to § 66.0703(7)(b),
Wis. Stats., the notice and hearing otherwise required for the levy
of a special assessment for the cost of the installed improvements.
A.
Special assessments levied for the cost of improvements provided
by public contract must be paid in full within 30 days' notice
of the amount due or, at the subdivider's option, in five equal
annual installments, the first such installment being due on the date
the real estate taxes become due for the year in which the improvements
were completed and the remaining installments being due on each anniversary
thereafter.
B.
After each annual installment hereunder is paid, the letter of credit amount required under § 241-33 shall be reduced by 20%.
C.
Any unpaid balance due hereunder shall bear interest in favor of the Village at an annual rate which is 1% greater than the interest rate at which the Village has borrowed funds for a particular project. Such interest shall accrue from the date the Village expenditures for such project first exceed the 10% payment required by § 241-32.
D.
Notwithstanding anything stated herein to the contrary, upon the
sale of any parcel for which a special assessment has been levied
under this section, the full balance of the special assessment, including
accrued interest for such parcel, shall become due and payable and
if not immediately paid, in addition to any other available remedies,
the Village may at its option withhold issuing a building permit for
construction on such parcel.
If the Village Board elects not to defer the assessments, the
subdivider shall pay the costs of all required improvements and shall
be entitled to reimbursement therefor which benefits other undeveloped
lands. The right to reimbursement shall, however, be delayed until
such other lands are also improved or otherwise subdivided or developed.
The Village may enter into an agreement with the subdivider requiring
payment for the cost of public improvements which have benefitted
undeveloped lands. The Village shall condition the approval of any
future land divisions or subdivisions of the benefitted property upon
such payment. Calculations of sums reimbursable hereunder shall be
determined by the Village Engineer and be based upon original costs
only, without accrued interest or introduction of inflationary factors.
All rights to reimbursement shall expire 20 years from the date of
plat approval for the subdivision which necessitated the original
improvements for which such reimbursement is sought.
A.
Where the Village finds that unnecessary hardship may result from
strict compliance with these regulations, it may vary the regulations
so that substantial justice may be done, provided that the public
interest is secured and that such exceptions will not have the effect
of nullifying the intent and purpose of these regulations.
B.
Any modification or exception thus granted shall be entered in the
minutes of the Village Board setting forth the reasons which, in the
judgment of the Village, justified the modification or variance.
C.
Appeals by land dividers of certified survey map decisions by the
Plan Commission may be filed with the Village Board. Appeals must
be filed within 30 days of the decision being appealed.
At the time of submitting a plat or certified survey application,
the developer shall pay to the Village Clerk-Treasurer filing fees.
All filing fees shall be set by Village Board resolution.
Except as otherwise provided for herein, any person who fails
to comply with the provisions of this chapter or any order, rule,
or regulation made hereunder, upon conviction thereof, shall be subject
to penalties and forfeitures as provided in §§ 236.30,
236.31, 236.32, 236.335 and 236.35, Wis. Stats.
