[HISTORY: Adopted by the Village Board of the Village of
Gresham as Ch. 19 of the prior Code. Amendments noted where applicable.]
A.
Authority. This chapter is adopted under the authority granted by
§ 236.45, Wis. Stats.
B.
Purpose. The purpose of this chapter is to regulate and control the
division of land within the corporate limits of the Village and its
extraterritorial plat approval jurisdiction in order to promote the
public health, safety, morals, prosperity, aesthetics and general
welfare of the Village and its environs.
C.
Intent. It is the general intent of this chapter to regulate the
division of land so as to:
(1)
Obtain the wise use, conservation, protection and proper development
of the Village's soil, water, wetland, woodland and wildlife resources
and attain a proper adjustment of land use and development to the
supporting and sustaining natural resource base.
(2)
Lessen congestion in the streets and highways.
(3)
Further the orderly layout and appropriate use of land.
(4)
Secure safety from fire, panic and other dangers.
(5)
Provide adequate light and air.
(6)
Facilitate adequate provision for housing, transportation, water
supply, stormwater, wastewater, schools, parks, playgrounds and other
public facilities and services.
(7)
Secure safety from flooding, water pollution, disease and other hazards.
(8)
Prevent flood damage to persons and properties and minimize expenditures
for flood relief and flood control projects.
(9)
Prevent and control erosion, sedimentation and other pollution of
surface and subsurface waters.
(10)
Preserve natural vegetation and cover, and promote the natural
beauty of the Village.
(11)
Restrict building sites in areas covered by poor soils or in
other areas poorly suited for development.
(12)
Facilitate the further division of larger tracts into smaller
parcels of land.
(13)
Ensure adequate legal description and proper survey monumentation
of subdivided land.
(14)
Provide for the administration and enforcement of this chapter.
(15)
Provide penalties for its violation.
(16)
Implement those Village, county, watershed or regional comprehensive
plans or their components adopted by the Village; in general, to facilitate
enforcement of Village development standards as set forth in the adopted
regional, County and Village Comprehensive Plans, adopted plan components,
the Zoning Code, the Official Map and the Building Code of the Village.
D.
Abrogation and greater restrictions. It is not intended by this chapter
to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, agreements, rules, regulations or permits previously
adopted or issued pursuant to law. However, where this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
E.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the Village and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes.
F.
Nonliability. The Village does not guarantee, warrant or represent
that those soils listed as being unsuited for specific uses are the
only unsuitable soils in the Village and its extraterritorial plat
review jurisdiction. Furthermore, the Village does not guarantee,
warrant or represent that only those areas designated as floodlands
will be subject to periodic inundation. The Village hereby asserts
that there is no liability on the part of the Village, its agencies
or its employees for sanitation problems, structural damage or flood
damages that may occur as a result of reliance upon and conformance
with this chapter.
A.
Jurisdiction. Jurisdiction of this chapter shall include all lands
within the corporate limits of the Village and those lands within
the extraterritorial jurisdiction of the Village as established in
§§ 61.35, 62.23(2) and 66.0105, Wis. Stats., i.e.,
within 1 1/2 miles of the corporate limits of the Village. The
provisions of this chapter, as it applies to divisions of tracts of
land into less than two or more parcels of five acres each or less,
shall not apply to the following:
(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)
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, Chapter 325, Zoning, or other applicable laws or ordinances.
(4)
Cemetery plats made under § 157.07, Wis. Stats.
(5)
Assessors' plats made under § 70.27, Wis. Stats., but such
Assessors' plats shall comply with §§ 236.15 and 236.20(1)
and (2)(a) to (e), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Compliance. No person shall divide any land located within the jurisdictional
limits of this chapter so that such division results in a subdivision,
minor land division or replat as defined herein; no such subdivision,
minor land division or replat shall be entitled to recording; and
no street shall be laid out or improvements made to land without compliance
with all requirements of this chapter and the following:
(1)
Chapter 236, Wis. Stats.
(2)
Rules of the Wisconsin Department of Safety and Professional Services
regulating lot size and lot elevation if the land to be subdivided
is not served by a public sewer and provisions for such service have
not been made.
(3)
Rules of the Wisconsin Department of Transportation relating to safety
of access and the preservation of the public interest and investment
in the highway system if the land owned or controlled by the subdivider
abuts on a state trunk highway or connecting street.
(4)
Rules of the Wisconsin Department of Natural Resources setting water
quality standards preventing and abating pollution and regulating
development within floodland, wetland and shoreland areas.
(5)
Duly approved Comprehensive Plan or area development plans of the
Village.
(7)
A developer's or subdivider's agreement between the Village and the
developer or subdivider.
C.
Dedication and reservation of lands.
(1)
Streets, highways and drainageways. Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drainageway or other public way which has been designated in the Comprehensive Plan, area development plan or on the Official Map of the Village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in § 318-8 of this chapter. Streets within the extraterritorial plat review jurisdiction of the Village shall be dedicated by the subdivider to the appropriate town. Should the town require less dedication than is specified by § 313-8 of this chapter or by the Official Map, the excess right-of-way shall be reserved for future acquisition by the Village.
(2)
Other public sites. Whenever a proposed park or other public land
other than streets or drainageways designated in the Comprehensive
Plan, the Official Map or adopted plan components of the Village is
embraced, all or in part, in a tract of land to be subdivided, these
proposed public lands shall be made a part of the plat and shall be
reserved by the subdivider for a period not to exceed two years unless
released by the Village or extended by mutual agreement for acquisition
by the Village at undeveloped land costs. In the event the subdivider
and the Village cannot agree on the sale price, the Village shall
commence condemnation or release the land.
D.
Improvements. Before final approval of any plat, the subdivider shall
enter into an agreement with the Village to install the required improvements
and shall file with the subdivider's agreement an irrevocable letter
of credit or other appropriate sureties meeting the approval of the
Village Attorney equal to the estimated cost of the improvements.
Improvement cost estimates shall be made by the developer, reviewed
by the Public Works Committee and approved by the Village Board. The
improvements may be installed by the subdivider or his subcontractors
after approval of a preliminary plat or certified survey map, but
not later than provided in the subdivider's agreement. The subdivider's
agreement shall specify a completion date for all improvements. In
addition:
(1)
Plans and specifications for all improvements shall be reviewed and
approved by the Public Works Committee, in writing, prior to commencement
of construction. The subdivider may submit an interim final plat with
the improvement plans; however, review and approval of a final plat
shall not be initiated until the improvement plans have been reviewed
and approved and until the subdivider's agreement has been fully executed.
(2)
Contracts and contract specifications for the construction of street
and utility improvements on dedicated street rights-of-way, as well
as the contractors and subcontractors providing such work, shall be
subject to the prior written approval of the Director of Public Works
in accordance with Village standards and specifications.
(3)
Governmental units to which these bond and contract provisions apply
may file, in lieu of said contract and bond, a letter from officers
authorized to act on their behalf agreeing to comply with the provisions
of this section.
(4)
Before final approval of any plat within the Village or its extraterritorial
jurisdictional limits, the subdivider shall install survey monuments
placed in accordance with the requirements of § 236.15,
Wis. Stats., and as may be required by the Director of Public Works.
(5)
Prior to the acceptance of a final plat, the subdivider shall furnish,
when required by the Village, a consent and waiver of the statutory
provisions for special assessments for the installation of sanitary
sewer, storm sewer, sewer laterals, water main, water laterals, curb
and gutter, sidewalks, street surfacing, underground streetlighting
services and all other utilities, which shall be in a form approved
by the Village Attorney, pursuant to § 66.0703(7)(b), Wis.
Stats., and shall be recorded in the office of the Register of Deeds
in the same manner as a lis pendens. Such consent and waiver shall
provide that the installation of such services shall be made at the
discretion of the Village Board.
E.
Variances.
(1)
General. Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of Subsection F below and §§ 318-8 and 318-9 of this chapter because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(a)
Exceptional circumstances. There are exceptional, extraordinary
or unusual circumstances or conditions where a literal enforcement
of the requirements of this chapter would result in severe hardship.
Such hardships should not apply generally to other properties or be
of such a recurrent nature as to suggest that this chapter should
be changed.
(b)
Preservation of property rights. That such variance is necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same vicinity.
(c)
Absence of detriment. That the variance will not create substantial
detriment to adjacent property and will not materially impair or be
contrary to the purpose and spirit of this chapter or the public interest.
(2)
Monuments. The Village Board may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the subdivider execute a surety
bond or irrevocable letter of credit to insure the placing of such
monuments within the required time limits established by the Village.
F.
Land suitability. No land shall be subdivided for residential use
which is determined to be unsuitable for such use by the Village Board
for reason of flooding, inadequate drainage, adverse soil or rock
formation, unfavorable topography or any other feature likely to be
harmful to the health, safety or welfare of the future residents of
the proposed subdivision or of the Village. The Village Board, in
applying the provisions of this section, shall, in writing, recite
the particular facts upon which it bases its conclusion that the land
is not suitable for residential use and afford the subdivider an opportunity
to present evidence regarding such unsuitability if he so desires.
Thereafter, the Village Board, upon the recommendation of the Plan
Commission, may affirm, modify or withdraw its determination of unsuitability.
G.
Appeals. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal such objection or failure to approve
as provided in § 236.13(5), Wis. Stats., within 30 days
of notification of the rejection of the plat. Where failure to approve
is based on an unsatisfied objection, the agency making the objection
shall be made a party to the action.
The terms used in this chapter shall be defined as follows:
A public or private way which provides secondary access to
a lot, block or parcel of land.
A map adopted by the Village Board indicating the physical
layout of future streets, alleys, culs-de-sac, drainageways and easements.
A parcel, lot or group of lots existing within well-defined
and fixed boundaries, usually being an area surrounded by streets
or other physical barriers and having an assigned number, letter or
other name through which it may be identified.
The distance from the boundaries of a lot or center line
of a street within which structures or buildings shall not be erected.
A map of a subdivision of land prepared in accordance with
§ 236.34, Wis. Stats.
The official guide for the physical, social and economic
growth of the Village or its constituent parts, properly enacted or
adopted according to statute, which is now or may hereafter be in
effect.
A period of time commencing on February 1 and ending on the
next January 31.
A public right-of-way traversing a block for the purpose
of providing pedestrian access.
A short minor street having one end open to motor traffic
and the other end terminated by a vehicular turnaround.
A street having only one outlet for vehicular traffic and
no vehicular turnaround.
The act of constructing buildings or installing site improvements.
A lot having frontage on opposite property boundaries with
public streets.
Any strip of land reserved by the subdivider for public utilities,
drainage, sanitation or other specified uses having limitations, the
title to which shall remain in the property owner, subject to the
right of use designated in the reservation of the servitude.
The map or drawing of a subdivision prepared in compliance with the provisions of Ch. 236, Wis. Stats., and any accompanying material as described in § 318-6 of this chapter.
The length of the front property line of the lot, lots or
tract of land abutting a public street, road, highway or rural right-of-way.
The slope of a road, street or other public way specified
as a percentage.
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, parkway, sidewalk, pedestrianway, planting strip, off-street
parking area or other facility for which the local municipality may
ultimately assume the responsibility for maintenance and operation.
A trafficway in respect to which owners or occupants of abutting
property or lands and other persons have no legal right of access
to or from the same except only at such points and in such manner
as may be determined by the public authority having jurisdiction over
such trafficway.
Include the county as well as towns, villages and cities.
A buildable parcel of land represented and identified in
a subdivision, as defined below in this section.
A division of land other than a subdivision.
A residential living environment where the internal street
system discourages through traffic and where major thoroughfares preferably
bound the neighborhood and provide maximum pedestrian accessibility
to centrally located community buildings, schools and playgrounds.
Local shops to meet daily household needs are grouped together at
accessible points, providing a harmony of design and development.
The map of the Village adopted pursuant to the Wisconsin
Statutes, showing streets, highways, parkways, parks and playgrounds
and the exterior lines of planned new streets, highways, parkways,
parks or playgrounds.
A parcel of land, other than a lot or block, so designated
on the plat. A remnant parcel of land not to be used for building
purposes.
A map of a subdivision.
A map showing the salient features of a proposed subdivision,
submitted to the Village Board for purposes of preliminary consideration.
The changing of the boundaries of a recorded subdivision
plat or part thereof.
Corner lots with no provision for extra width to permit side
yard to be the same as the front yard on that side.
A strip of land occupied or intended to be occupied for a
special use. Rights-of-way intended for streets, crosswalks, water
mains, sanitary sewers, storm drains or any other use involving maintenance
by a public agency shall be dedicated to public use by the maker of
the plat on which such right-of-way is established. The usage of the
term "right-of-way" for land platting purposes shall mean that every
right-of-way hereafter established and shown on a final plat is to
be separate and distinct from the lots or parcels adjoining such right-of-way
and not be included within the dimensions or areas of such lots or
parcels.
The surface portion of the street available for vehicular
traffic.
An approved public street generally paralleling and contiguous
to a main traveled way, primarily designed to promote safety by eliminating
ingress and egress to the right-of-way and providing safe and orderly
points of access at fairly uniformly spaced intervals.
A septic tank seepage tile sewerage disposal system or any
other sewerage treatment device approved by the Building Inspector
as being in accordance with the rules of the Department of Natural
Resources and servicing only one building site.
An area in the Village which, in the opinion of the Village
Board, may be readily and feasibly served by sewer and water extensions
to existing sewer and water systems.
That portion of a street or crosswalk way, paved or otherwise
surfaced, intended for pedestrian use only.
Includes all accessways in common use, such as streets, roads,
lanes, highways, avenues, boulevards, alleys, parkways, viaducts,
circles, courts and culs-de-sac and includes all of the land lying
between the rights-of-way lines as delineated on a plat showing such
streets whether improved or unimproved, and whether dedicated for
public use or held in trust under the terms of a reservation, but
shall not include those accessways such as easements and rights-of-way
intended solely for limited utility purposes, such as for electric
power lines, gas lines, telephone lines, water lines or drainage and
sanitary sewers.
A major, high capacity street designed to carry large volumes
of traffic between various areas of the Village.
A street which carries traffic from minor streets to the
system of major streets and highways, including the principal entrance
streets of a residential development and the principal circulating
streets within such a development.
A street bordering one or more property lines of a tract
of land in which the subdivider has allocated a part of the ultimate
right-of-way width.
A street of limited continuity used primarily for access
to abutting properties and local needs of a neighborhood.
A person commencing proceedings under the regulations of
this chapter to effect a subdivision of land hereunder for himself
or others.
Any division of a lot, parcel or tract of land by the owner
thereof or his agent for the purpose of sale or building development
where:
The basic land planning standards established as guides for
the preparation of plats.
A land surveyor duly licensed in the state.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A street with a high degree of continuity, including collector
streets, major arterial streets and limited access highways.
A.
Preapplication. Prior to the filing of an application for the approval
of a preliminary plat or certified survey map, it is recommended that
the subdivider consult with the Plan Commission in order to obtain
its advice and assistance. This consultation is intended to inform
the subdivider of the purpose and objectives of this chapter, other
provisions of this Code, sewer and water availability, other engineering
considerations, duly adopted Village plans, and to otherwise assist
the subdivider in planning his development. In so doing, both the
subdivider and the Plan Commission may reach mutual conclusions regarding
the general objectives of the proposed development and its possible
effects on the neighborhood and the community. The subdivider will
also gain a better understanding of the subsequent required procedures.
B.
Preliminary plat review.
(1)
Submission of plats. Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall comply with the procedures of §§ 236.11
and 236.12, Wis. Stats., and shall file an adequate number of copies
of the plat and the application with the Village Clerk. The Clerk
shall transmit copies, as appropriate, to agencies specified in § 236.12,
Wis. Stats., the Village Board members and the Plan Commission.
(2)
Review of plats. The Plan Commission shall transmit a copy of the
preliminary plat to all affected boards, commissions or departments
and, unless the subdivider has elected to submit directly to the state
as provided in § 236.12(3), Wis. Stats., to all affected
local utility companies for their review and recommendation concerning
matters within their jurisdiction. Their recommendations shall be
transmitted to the Village Board within 20 days from the date the
plat is filed. The preliminary plat shall then be reviewed by the
Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, Comprehensive Plan and Comprehensive Plan components
which affect it, and the Plan Commission shall submit its recommendations
to the Village Board within 60 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Preliminary plat approval. The objecting agencies shall, within 20
days of the date of receiving their copies of the preliminary plat,
notify the subdivider and all other approving and objecting agencies
of any objections. If there are no objections, they shall so certify
on the face of the copy of the plat and shall return that copy to
the Village Clerk. If an objecting agency fails to act within 20 days,
or, in the case of the Department of Administration, 30 days, it shall
be deemed to have no objection to the plat. In addition:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The Village Board shall, within 90 days of the date of the filing
of a preliminary plat with the Village Clerk, approve, approve conditionally
or reject such plat unless an extension of the review period is mutually
agreed upon in writing. One copy of the plat shall thereupon be returned
to the subdivider with the date and action endorsed thereon; and,
if approved conditionally or rejected, a letter of transmittal and
a copy of the Village Board minutes setting forth the conditions of
approval or the reasons for rejection shall accompany the plat. One
copy each of the plat and letter shall be placed in the Clerk's permanent
file.
(2)
Failure of the Village Board to act within 90 days shall constitute
an approval of the plat as filed unless the review period is extended
by mutual agreement.
(3)
Approval or conditional approval of a preliminary plat shall not
constitute automatic approval of the final plat, except that if the
final plat is submitted within 36 months of preliminary plat approval
and conforms substantially to the preliminary plat as indicated in
§ 236.11(1)(b), Wis. Stats., the final plat shall be entitled
to approval.
D.
Final plat review. The subdivider shall submit a final plat and a
letter of application in accordance with this chapter and §§ 236.11
and 236.12, Wis. Stats., and shall file an adequate number of copies
of the plat and the application with the Village Clerk. In addition:
(1)
The Village Clerk shall transmit copies, as appropriate, to agencies
specified in § 236.12, Wis. Stats., and shall transmit the
original final plat and seven copies to the Village Board and seven
copies to the Plan Commission, A copy shall also be submitted to each
public utility affected.
(2)
The Plan Commission shall examine the final plat as to its conformance
with the approved preliminary plat; any conditions of approval of
the preliminary plat; this chapter and all ordinances, rules, regulations,
Comprehensive Plan and Comprehensive Plan components which may affect
it, and shall recommend approval, conditional approval or rejection
of the plat to the Village Board.
(3)
The final plat may, if permitted by the Village Board, constitute
only that portion of the approved preliminary plat which the subdivider
proposes to record at that time.
E.
Final plat approval. The objecting agencies shall, within 20 days
of the date of receiving their copies of the final plat, notify the
subdivider and all other approving and objecting agencies of any objections.
If there are no objections, they shall so certify on the face of the
copy of the plat and shall return that copy to the Plan Commission,
which shall forward the copy to the Village Board. If an objecting
agency fails to act within 20 days, or, in the case of the Department
of Administration, 30 days, it shall be deemed to have no objection
to the plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Submission. If the final plat is not submitted within 36 months of
the last required approval of the preliminary plat, the Village Board
may reject the final plat, in writing, with reasons given.
(2)
Plan Commission recommendation. The Plan Commission shall, within
30 days of the date of filing of the final plat with the Village Clerk,
recommend approval or rejection of the plat and shall transmit the
final plat and application, along with its recommendations, to the
Village Board.
(3)
Notification. The Plan Commission shall, at the time it recommends
approval or rejection of a plat to the Village Board and at least
10 days prior to any action of the Village Board, give notice of its
recommendation to the clerk of any municipality within 1,000 feet
of the plat.
(4)
Village Board approval or rejection. The Village Board shall, within
60 days of the date of filing the original final plat with the Village
Clerk, approve or reject such plat unless the time is extended by
agreement with the subdivider. If the plat is rejected, the reasons
shall be stated in the minutes of the meeting and a copy of the minutes,
together with a letter of transmittal, shall be forwarded to the subdivider.
The Village Board may not approve the final plat unless the Clerk
certifies on the face of the plat that the copies were forwarded to
objecting agencies as required herein, the date thereof, and that
no objections have been filed within 20 days or, or, in the case of
the Department of Administration, 30 days, if filed, have been met.
(5)
Timely Village Board action required. Upon failure of the Village
Board to take action on the plat within 60 days, the time having not
been extended and no unsatisfied objections having been filed, the
plat shall be deemed approved.
(6)
Consent and waiver. Prior to the acceptance of a final plat, the
subdivider shall furnish, when required by the Village, a consent
and waiver of the statutory provisions for special assessment for
the installation of sanitary sewer, storm sewer, sewer laterals, water
main, water laterals, curb and gutter, sidewalk, street surfacing,
underground streetlighting services and all other utilities, which
will be in a form approved by the Village Attorney pursuant to § 66.0703(7)(b),
Wis. Stats., and shall be recorded in the office of the Register of
Deeds in the same manner as a lis pendens. Such consent and waiver
shall provide that the installation of such services shall be made
at the discretion of the Village Board.
(7)
Recordation. After the final plat has been approved by the Village
Board and required improvements either installed or a contract and
sureties insuring their installation is filed, the Village Clerk shall
cause the certificate inscribed upon the plat attesting to such approval
to be duly executed and the subdivider shall cause the plat to be
recorded within 12 months of last approval and 36 months of first
approval of the final plat. The subdivider shall be responsible for
the recording fee.
(8)
Plat copies. The subdivider shall file 10 certified copies of the
final plat with the Village Clerk for distribution to appropriate
local agencies and offices.
F.
Extraterritorial plat approval jurisdiction. When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the Village subject to the limitations of § 66.0105, Wis. Stats., the subdivider shall proceed as specified in Subsections A through C above, except:
(1)
Transmittal responsibility lies with the clerk of the town or municipality
to whom the plat is first submitted and the subdivider shall indicate
which one in his application.
(2)
Approval agencies shall be as specified in § 236.10, Wis.
Stats., and the subdivider must comply with the land subdivision ordinances
of the town in which the plat lies.
(3)
Subdivider may proceed with the installation of such improvements
and under such regulations of the town board of the town within whose
limits the plat lies. Whenever connection to any utility of the Village
is desired, permission for such connection shall be obtained from
the Village Board.
(4)
All improvement requirements specified by the town in which the plat
is located or any special improvement district shall be met before
filing of the final plat.
G.
Replat. When it is proposed to replat a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider or person wishing to replat shall then proceed as specified in Subsections A through C above. Court vacations of plats are required when areas dedicated to the public are altered. The Village Clerk shall schedule, within the time period specified in Subsection C above for the Village Board to take action upon the plat, a public hearing before the Village Board when a preliminary plat or a replat of lands within the Village is filed, and shall cause notices of the proposed replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 200 feet of the exterior boundaries of the proposed replat.
H.
Division of land less than a subdivision.
(1)
When it is proposed to divide land into two parcels or building sites,
any one of which is less than five acres in size, or when it is proposed
to divide a block, lot or outlot into not more than four parcels or
building sites within a recorded subdivision plat without changing
the boundaries of said block, lot or outlot, the subdivider shall
subdivide by use of a certified survey map. The subdivider shall prepare
the certified survey map in accordance with this chapter and shall
file five copies of the map and the letter of application with the
Village Clerk at least 15 days prior to the meeting of the Plan Commission
at which action is desired.
(2)
The Village Clerk shall, within two working days after filing, transmit
copies of the map and letter of application to Village Board members
and the Plan Commission.
(3)
The Village Board shall transmit a copy of the map to all affected
boards, commissions, departments and all affected public utility companies
for their review and recommendations concerning matters within their
jurisdiction. Their recommendations shall be transmitted to the Plan
Commission within 10 days from the date the map is filed. The map
shall be reviewed by the Plan Commission for conformance with this
chapter and all ordinances, rules, regulations, Comprehensive Plan
and Comprehensive Plan components which affect it. The Plan Commission
shall, within 30 days from the date of filing of the map, recommend
approval, conditional approval or rejection of the map, and shall
transmit the map along with its recommendations to the Village Board.
(4)
The Village Board shall approve, approve conditionally or reject
such map within 90 days from the date of filing of the map unless
the time is extended by agreement with the subdivider. If the map
is rejected, the reason shall be stated in the minutes of the meeting
and a written statement supplied the subdivider. If the map is approved,
the Village Board shall cause the Village Clerk to so certify on the
face of the original map and return the map to the subdivider.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
The subdivider shall record the map with the County Register of Deeds
within 12 months of last approval and 36 months of first approval.
The subdivider shall be responsible for the recording fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
The subdivider shall file five certified copies of the certified
survey map with the Village Clerk for distribution to appropriate
local agencies and offices.
A.
General requirements. A preliminary plat shall be required for all
subdivisions and shall be based upon a survey by a licensed land surveyor.
The plat shall be prepared on tracing cloth, reproducible drafting
film or paper of good quality at a map scale of not more than 100
feet to the inch and shall show correctly on its face the following
information:
(1)
Title or name under which the proposed subdivision is to be recorded.
Such title shall not be the same or similar to a previously recorded
plat within the county unless it is an addition to a previously recorded
plat and is so stated on the plat.
(2)
Property location of a proposed subdivision by government lot, quarter
section, township, range, county and state.
(3)
Date, graphic scale and North arrow.
(4)
Names and addresses of the owner, subdivider and land surveyor preparing
the plat.
(5)
Entire area contiguous to the proposed plat owned or controlled by
the subdivider shall be included on the preliminary plat even though
only a portion of said area is proposed for immediate development.
The Village Board may waive this requirement where it is unnecessary
to fulfill the purposes and intent of this chapter and undue hardship
would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Length and bearing of the exterior boundaries of the proposed subdivision
referenced to a corner established in U.S. Public Land Survey and
the total acreage encompassed thereby.
(2)
Existing contours at vertical intervals of not more than two feet
where the slope of the ground surface is less than 10% and of not
more than five feet where the slope of the ground surface is 10% or
more. Elevations shall be marked on such contours based on USGS datum.
(3)
Water elevations of adjoining lakes and streams at the date of the
survey and approximate high and low water elevations, all referred
to USGS datum.
(4)
Floodplain limits and the contour line lying a vertical distance
of two feet above the elevation of the 100-year recurrence interval
flood or, where such data is not available, five feet above the elevation
of the maximum flood of record.
(5)
Location, right-of-way width and names of all existing streets, alleys
or other public ways, easements, railroad and utility rights-of-way
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(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, all
to USGS datum.
(7)
Location and names of any adjacent subdivisions, parks and cemeteries,
and owners of record of abutting unplatted lands.
(8)
Location, size and invert elevation of any existing sanitary or storm
sewers, culverts and drain pipes; the location of manholes, catch
basins, hydrants, electrical and communication facilities, whether
aerial or underground; and the location and size of any existing water
and gas mains within the exterior boundaries of the plat or immediately
adjacent tract 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.
(9)
Locations of all existing property boundary lines, corporate limit
lines, structures, drives, streams and watercourses, marshes, rock
outcrops, wooded areas, railroad tracks and other similar significant
natural or man-made features within the tract being subdivided or
immediately adjacent thereto.
(10)
Setbacks or building lines if required by the Village Board in accordance with the guidelines set forth in § 318-8 of this chapter.
(11)
Location, width and names of all proposed streets and public
rights-of-way, such as alleys and easements.
(12)
Approximate dimensions of all lots, together with proposed lot
and block numbers.
(13)
Location and approximate dimensions and size of any sites within
the plat to be reserved or dedicated for parks, open space, playgrounds,
drainageways or other public use or which are to be used for group
housing, shopping centers, church sites or other private uses not
requiring lotting.
(14)
Approximate radii of all curves.
(15)
Existing zoning on and adjacent to the proposed subdivision.
(16)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
the access.
(17)
Any proposed lake and stream improvement or relocation.
C.
Grading plans and profiles. The Village Board, upon recommendation
of the Public Works Committee, may require that the subdivider provide
street plans and profiles showing existing ground surface, proposed
and established street grades, including extensions for a reasonable
distance beyond the limits of the proposed subdivision when requested.
All elevations shall be based upon USGS datum, and plans and profiles
shall be of sufficient detail to determine that streets will conform
to the grade of existing streets or their extension or to the established
grades of future streets and shall be subject to the approval of the
Village Board.
D.
Testing. The Public Works Committee may require that borings and
soundings be made in specified areas to ascertain subsurface soil,
rock and water conditions, including depths to bedrock and depth to
groundwater table.
E.
Covenants. The Village Board may require submission of a list of
existing covenants and a list of covenants with which the subdivider
intends to regulate land use in the proposed subdivision and otherwise
protect the proposed development.
F.
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he has fully complied
with the provisions of this chapter.
A.
General requirements. A final plat prepared by a professional land
surveyor shall be required for all subdivisions. It shall comply in
all respects with the requirements of § 236.20, Wis. Stats.
B.
Additional information. The plat shall show correctly on its face,
in addition to the information required by § 236.20, Wis.
Stats., the following:
(1)
Exact length and bearing of the center line and center line curves
of all streets.
(2)
Exact street width along the right-of-way line of any obliquely intersecting
street.
(3)
Railroad rights-of-way within and abutting the plat.
(4)
Setbacks or building lines, if required by the Plan Commission, in accordance with the guidelines set forth in § 318-8 of this chapter.
(5)
Utility and/or drainage easements.
(6)
All lands reserved for future public acquisition or reserved for
the common use of property owners within the plat.
(7)
Special restrictions required by the Village Board relating to access
control along public ways, delineation of floodland limits, or to
the provision of planting strips.
C.
Deed restrictions. The Village Board may require that deed restrictions
imposed by the subdivider be filed with the final plat.
D.
Plat restrictions. The Village Board may require that plat restrictions
intended to reflect Village plans and ordinances be placed on the
face of the plat.
E.
Survey accuracy. The Public Works Committee shall examine all final
plats within the Village and may make, or cause to be made by a licensed
land surveyor under the supervision or direction of the Committee,
field checks for the accuracy and closure of survey, the proper kind
and location of monuments, and the legibility and completeness of
the drawing. In addition:
(1)
Maximum error of closure before adjustment of the survey of the exterior
boundaries of the subdivision shall not exceed, in horizontal distance
or position, the ratio of one part in 5,000 nor, in azimuth, four
seconds of arc per interior angle. If field measurements exceed this
maximum, new field measurements shall be made until a satisfactory
closure is obtained. When a satisfactory closure of the field measurements
has been obtained, the survey of the exterior boundary shall be adjusted
to form a closed geometric figure.
(2)
All street, block and lot dimensions shall be computed as closed
geometric figures based upon the control provided by the closed exterior
boundary survey. If field checks disclose an error for any interior
line of the plat greater than the ratio of one part in 3,000, or an
error in measured angle greater than one minute of arc for any angle
where the shorter side forming the angle is 300 feet or longer, necessary
corrections shall be made. Where the shorter side of a measured angle
is less than 300 feet in length, the error shall not exceed the value
of 1 1/2 minutes multiplied by the quotient of 300 divided by
the length of the shorter side; however, such error shall not, in
any case, exceed five minutes of arc.
F.
Relocated quarter corners. Where the plat is located within a quarter
section, the corners of which have been relocated, monumented and
coordinated by the county, the tie required by § 236.20(3)(b),
Wis. Stats., shall be expressed in terms of grid bearing and distance;
and the material and Wisconsin State plane coordinates of the monument
making the relocated section or quarter corner to which the plat is
tied shall be indicated on the plat. The grid bearing and distance
of the tie shall be determined by a closed survey meeting the error
of closure herein specified for the survey of the exterior boundaries
of the subdivision.
G.
Village Board review. The Village Board shall receive the results
of the Public Works Committee and the state's examination prior to
approving the final plat.
H.
Surveying and monumenting. All final plats shall meet all the surveying
and monumenting requirements of § 236.15, Wis. Stats.
I.
State plane coordinate system. All plats shall be tied directly to a section or quarter corner monumented according to the State Plane Coordinate System. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin State plane coordinates of the monument marking the section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure specified in Subsection E above for the survey of the exterior boundaries of the subdivision. All distances and bearings shall be referenced to the Wisconsin Coordinate System.
J.
Certificates. All final plats shall provide all the certificates
required by § 236.21, Wis. Stats., and, in addition, the
surveyor shall certify that he has fully complied with all the provisions
of this chapter. The subdivider's certificate shall be fully executed
prior to Village Board approval.
K.
Recordation. The final plat shall be recorded with the County Register
of Deeds only after the certificates of the Wisconsin Department of
Administration, of the Village Board, of the surveyor and those certificates
required by § 236.21, Wis. Stats., are placed on the face
of the plat. The subdivider must record the final plat within 12 months
of last approval and 36 months of first approval, and is responsible
for payment of the recording fee. The subdivider shall be responsible
for payment of the recording fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
L.
Duplicate plat to be filed. An identical reproducible copy, on stable
drafting film at least four mils thick, along with the recording data,
shall be placed on file with the Public Works Committee.
A.
General requirements. A certified survey map prepared by a licensed land surveyor shall be required for all minor land divisions. It shall comply in all respects with the requirements of § 236.34, Wis. Stats. The minor subdivision shall comply with the design standards and improvement requirements set forth in §§ 318-8 and 318-9 of this chapter.
B.
Required information. The map shall show correctly on its face, in
addition to the information required by § 236.34, Wis. Stats.,
the following:
(1)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper land division.
(2)
Setbacks or building lines, if required by the Village Board in accordance with the guidelines set forth in § 318-8 of this chapter.
(3)
Utility and/or drainage easements.
(4)
All lands reserved for future acquisition.
(5)
Date of the map.
(6)
Floodplain limits and the contour line lying a vertical distance
of two feet above the elevation of the 100-year recurrence interval
flood or, where such data is not available, five feet above the elevation
of the maximum flood of record.
(7)
Graphic scale and North arrow.
(8)
Name and address of the owner, subdivider and surveyor.
C.
State plane coordinate system. All plats shall be tied directly to a section or quarter corner monumented according to the State Plane Coordinate System. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin State plane coordinates of the monument marking the section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure specified in § 318-6E of this chapter for the survey of the exterior boundaries of the subdivision. All distances and bearings shall be referenced to the Wisconsin Coordinate System.
D.
Certificates. The surveyor shall certify on the face of the map that
he has fully complied with all the provisions of this chapter. After
reviewing the map, the Village Board, upon the recommendation of the
Plan Commission, shall certify its approval on the face of the map.
After receiving approval by the Village Board, such maps shall be
certified by the Village President and the Village Clerk. In addition,
dedication of streets and other public areas shall require the owner's
certificate and the mortgagee's certificate in substantially the same
form as required by § 236.21(2)(a), Wis. Stats.
E.
Approval. No certified survey map shall be approved by the Village
Board until all required improvements have been installed and until
all required fees have been paid unless provision for the installation
of improvements and payment of fees has been made in an approved subdivider's
agreement.
F.
Recordation. The certified survey map shall only be recorded with
the County Register of Deeds after the certificates of the Village
Board and the surveyor are placed on the face of the map. The map
shall be recorded within 12 months of last approval and 36 months
of first approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Street arrangement. In any new subdivision plat or certified survey
map, the street layout shall conform to the arrangement, width and
location indicated on the Official Map or General Plan of the Village.
In areas for which such plans have not been completed, the street
layout shall recognize the functional classification of the various
types of streets and shall be developed and located in proper relation
to existing and proposed streets, to the topography, to such natural
features as 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 subdivision
shall be designed so as to provide each lot with satisfactory access
to a public street. In addition:
(1)
Arterial streets. Arterial streets shall be arranged so as to provide
ready access to centers of employment, centers of governmental activity,
community shopping areas, community recreation and points beyond the
boundaries of the community. They shall also be properly integrated
with and related to the existing and proposed system of arterial streets
and highways and shall be, insofar as practicable, continuous and
in alignment with existing or planned streets with which they are
to connect.
(2)
Collector streets. Collector streets shall be arranged so as to provide
ready collection of traffic from residential areas and conveyance
of this traffic to the major street and highway system and shall be
properly related to the mass transportation system, to special traffic
generators, such as schools, churches and shopping centers and other
concentrations of population, and to the major streets to which they
connect.
(3)
Local streets. Local 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.
(4)
Proposed streets. 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 Village Board,
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.
(5)
Arterial street and highway protection. Whenever the proposed subdivision
contains or is adjacent to an arterial 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 or an earth berm contained in a nonaccess reservation
along the rear or side property line, or by the use of frontage streets.
(6)
Stream shores or lakeshores. Stream shores or lakeshores shall have
a minimum of 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.
(7)
Reserve strips. Reserve strips shall not be provided on any plat
to control access to streets or alleys, except where control of such
strips is placed with the Village Board under conditions recommended
by the Plan Commission.
(8)
Alleys. Alleys shall be provided in commercial and industrial areas
for off-street loading and service access if required by the Village
Board, but shall not be approved in residential districts. Dead-end
alleys shall not be approved. Alleys shall not connect to a major
thoroughfare.
(9)
Street names. Street names shall not duplicate or be similar to existing
street names elsewhere in the Village and environs, and existing street
names shall be projected wherever possible.
B.
Limited access highway and railroad right-of-way treatment. Whenever
the proposed subdivision contains or is adjacent to a limited access
highway or railroad right-of-way, the design shall provide the following
treatment:
(1)
When lots within the proposed subdivision back upon the right-of-way
of an existing or proposed limited access highway or a railroad, a
planting strip at least 30 feet in depth and/or an earth berm shall
be provided adjacent to the highway or railroad in addition to the
normal lot depth. This strip shall be a part of the platted lots,
but shall have the following restriction lettered on the face of the
plat: "This strip is reserved for the planting of trees and shrubs;
the building of structures and placement of longitudinal easements
for utilities hereon is prohibited."
(2)
Commercial and industrial properties shall have provided, on each
side of the limited access highway or railroad, streets approximately
parallel to and at a suitable distance from such highway or railroad
for the appropriate use of the land between such streets and highway
or railroad, but not less than 150 feet.
(3)
Streets parallel to a limited access highway or railroad right-of-way,
when intersecting a high collector street and highway or collector
street which crosses said railroad or highway, shall be located at
a minimum distance of 250 feet from said highway or railroad right-of-way.
Such distance, where desirable and practicable, shall be determined
with due consideration of the minimum distance required for the future
separation of grades by means of appropriate approach gradients.
(4)
Local streets immediately adjacent and parallel to railroad rights-of-way
shall be avoided and location of local streets immediately adjacent
to high collector streets and highways and to railroad rights-of-way
shall be avoided in residential areas.
C.
Street design standards.
(1)
The minimum right-of-way and roadway width of all proposed streets
and alleys shall be as specified by the Comprehensive Plan, the Comprehensive
Plan Component or the Official Map of the Village, or if no width
is specified therein, the minimum widths shall be as shown in Table
1 below. Cross-sections for freeways, expressways and parkways shall
be based upon detailed engineering studies.
|
Table 1
| ||
|---|---|---|
|
Recommended Minimum Cross Sections
| ||
|
System
|
Right-of-Way Width
(feet)
|
Pavement Width
(feet)
|
|
Arterial
|
100
|
44
|
|
Collector
|
80
|
40
|
|
Local
|
66
|
36
|
|
Service drives
|
66
|
36
|
(2)
Cul-de-sac streets designed to have one end permanently closed shall
not exceed 600 feet in length. All cul-de-sac streets designed to
have one end permanently closed shall terminate in a circular turnaround
having a minimum right-of-way radius of 60 feet and a minimum outside
curb radius of 50 feet.
(3)
Unless necessitated by exceptional topography, subject to the approval
of the Village Board, the maximum center-line grade of any street
or public way shall not exceed the following:
(4)
Street grades shall be established wherever practicable so as to
avoid excessive grading, the promiscuous removal of ground cover and
tree growth and general leveling of topography. All changes in street
grades shall be connected by vertical curves of a minimum length equivalent
in feet to 15 times the algebraic difference in the rates of grade
for all major streets and 1/2 this minimum for all other streets.
(5)
Defelctions of more than 10°.
(a)
When a continuous street center line deflects at any one point
by more than 10°, a circular curve shall be introduced having
a radius of curvature on said center line of not less than the following:
(b)
A tangent at least 100 feet in length shall be provided between
reverse curves on arterial and collector streets.
(6)
Where, on the date of enactment of this chapter, an existing dedicated
or platted half street is adjacent to the tract being subdivided,
the other half of the street shall be dedicated by the subdivider.
The platting of half streets is not permitted.
D.
Street intersections. Streets shall intersect each other at as nearly
right angles as topography and other limiting factors of good design
permit. In addition:
(1)
The number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
(2)
The number of intersections along arterial streets and highways shall
be held to a minimum. Wherever practicable, the distance between such
intersections shall not be less than 1,000 feet.
(3)
Intersections on local streets shall be offset at least 125 feet
measured from the center lines of the two streets.
(4)
Property lines at street intersections shall be rounded with a minimum
radius of 20 feet or of a greater radius when required by the Plan
Commission, or shall be terminated by a straight line through the
points of tangency of an arc having a radius of 15 feet.
(5)
Local streets shall not necessarily continue across arterial or collector
streets, but if the center lines of such local 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 arterial
or collector street is continuous and a jog is avoided.
E.
Blocks. 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. In addition:
(1)
The length of blocks in residential areas shall not, as a general
rule, be less than 400 feet nor more than 1,200 feet in length unless
otherwise dictated by exceptional topography or other limiting factors
of good design.
(2)
Pedestrianways are generally not desired and should be avoided; however,
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, parks, shopping centers, churches
or transportation facilities.
(3)
The width of blocks shall be wide enough to provide for two tiers
of lots of appropriate depth except where otherwise required to separate
residential development from through traffic. 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.
F.
Lots. 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
building contemplated. In addition:
(1)
Side lot lines shall be at approximately right angles to straight
street lines or radial to curved street lines on which the lots face.
Lot lines shall follow municipal boundary lines rather than cross
them.
(2)
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 orientation.
(3)
Every lot shall front or abut for a distance of at least 85 feet
on a public street, but under extenuating circumstances may be reduced
if the lot is 80 feet wide at the front setback.
(4)
Area and dimensions of lots shall conform to the requirements of Chapter 325, Zoning, and, in areas not served by public sewers, shall, in addition, conform to the requirements of Ch. SPS 385, Wis. Adm. Code. Whenever a tract is subdivided to large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this chapter.
(5)
Depth of lots shall be a minimum of 100 feet. Excessive depth in
relation to width shall be avoided and a proportion of 2:1 shall be
considered a desirable ratio under normal conditions. Depth of lots
or parcels reserved or laid out for commercial or industrial use shall
be adequate to provide for off-street service and parking required
by the use contemplated.
(7)
Corner lots shall have an extra width of 10 feet to permit adequate
building setbacks from side streets.
(8)
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.
G.
Building setback lines. Where not controlled by zoning regulations,
building setback lines, appropriate to the location and type of development
contemplated, shall be established as may be required by the Village
Board.
H.
Easements.
(1)
Electric and communication facilities.
(a)
Adequate easements shall be provided and dedicated on each side
of all rear lot lines, and on side lot lines, across lots or along
front lot lines where necessary, for the installation of electric
and communications facilities. Such easements 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.
(b)
Electric and communications facilities are to be installed underground,
and the utility easements shall be graded to within six inches of
final grade by the subdivider prior to the installation of such facilities,
and earth fill, piles or mounds of dirt or construction materials
shall not be stored on such easement areas.
(c)
A note shall be placed on 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 or 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.
(2)
Gas facilities. Distribution gas mains and appurtenances, except
service laterals, shall be installed in the street right-of-way, normally
in the area between sidewalk and curb. However, the Village Board
may, at the request of the utility, or where deemed necessary or desirable,
require easements of adequate width for the intended purpose along
lot lines or across lots for such installations, and such easements
shall be noted on the final plat or certified survey map as "utility
easements."
(3)
Drainage easements. Where a subdivision is traversed by a watercourse,
drainageway channel or stream, an adequate drainageway or easement
shall be required, subject to the approval of the Public Works Committee;
and parallel streets or parkways may be required in connection therewith.
Where necessary, stormwater drainage shall be maintained by landscaped
open channels of adequate size and grade to hydraulically accommodate
maximum potential volumes of flow. These design details are subject
to review and approval by the Committee.
A.
Survey monuments. The subdivider shall install survey monuments placed
in accordance with the requirements of § 236.15, Wis. Stats.,
and as may be required by the Public Works Committee.
B.
Grading. After the installation of temporary block corner monuments by the subdivider and establishment of street grades by the Public Works Committee, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the Committee. The subdivider shall grade the roadbeds in the street rights-of-way to subgrade together with side slopes beyond the street right-of-way when required. Cut and filled lands shall be graded to a maximum slope of 3:1 or the soil's angle of repose, whichever is the lesser, and covered with permanent vegetation. All graded lands, with the exception of the roadbeds of streets, shall be treated for sediment and erosion control purposes, as set forth in § 325-18 of the Zoning chapter of this Code.
C.
Surfacing. After the installation of all utility and stormwater drainage
improvements, the subdivider shall prepare the subgrade and install
gravel in accordance with Public Works Committee specifications all
roadways in streets proposed to be dedicated to the widths prescribed
by this section and the Comprehensive Plan or Comprehensive Plan components
of the Village. The binder course and final course shall be constructed
by the subdivider in accordance with the plans and standard specifications
approved by the Committee.
D.
Curb and gutter. After the installation of all public utility and
stormwater drainage improvements, the subdivider shall construct concrete
curbs and gutters in accordance with plans and standard specifications
approved by the Public Works Committee. Wherever possible, provisions
shall be made at the time of construction for driveway access curb
cuts.
E.
Streetlights. Streetlights shall be installed by the subdivider in
accordance with plans approved by the Village Board.
F.
Public sanitary sewerage. The subdivider shall construct sanitary
sewerage facilities in such a manner as to make adequate sanitary
sewerage service available to each lot within the subdivision or minor
land division. Such facilities shall be designed and constructed in
accordance with all applicable rules and regulations of Wis. Adm.
Code Ch. NR 110, and in accordance with plans and standard specifications
approved by the Public Works Committee. In addition:
(1)
Laterals. The Village Board shall require the installation of all
sewer laterals to the street lot line.
(2)
Specifications. The location, size, type and installation of all
sanitary sewers and sanitary sewer laterals proposed to be constructed
shall be in accordance with the Village sanitary sewer system plan.
(3)
Sanitary sewer mains traversing or bordering other lands. If it is
necessary to traverse other unimproved land or to install sanitary
sewer mains in a street bordering the subdivision to serve the subdivision
with sanitary sewer, the Village may install such sanitary sewer mains
and the subdivider shall pay the total cost thereof. The Village shall
reimburse the subdivider to the extent that special assessments may
be levied; however, in the event special assessments are deferred,
the subdivider shall be reimbursed when the special assessments are
paid or when installment payments commence.
G.
Water supply facilities. The subdivider of land within the sanitary
sewer service area of the Village shall cause water supply and distribution
facilities to be installed in such a manner as to make adequate water
service available to each lot within the subdivision or minor land
division. The subdivider of land outside the sewered area shall make
provision for adequate waters with the standards of the Wisconsin
Department of Safety and Professional Services. In addition:
(1)
Laterals. The Village Board shall require the installation of all
water laterals to the street lot line.
(2)
Specifications. The location, size, type and installation of all
public water mains proposed to be constructed shall be in accordance
with the comprehensive water plan for the Village and with plans and
standard specifications approved by the Public Works Committee.
(3)
Water mains traversing or bordering other lands. If it is necessary
to traverse other unimproved land or to install water mains in a street
bordering the subdivision to serve the subdivision with water, the
Village may install such water mains and the subdivider shall pay
the total cost thereof. The Village shall reimburse the subdivider
to the extent that special assessments can be levied; however, in
the event special assessments are deferred, the subdivider shall be
reimbursed when the special assessments are paid or when installment
payments commence.
H.
Stormwater drainage facilities. The subdivider shall construct stormwater
drainage facilities, which may include curbs and gutters, catch basins
and inlets, storm sewers, road ditches, water retention structures
and settling basins. All such facilities are to be of adequate size
and grade to hydraulically accommodate maximum potential volumes of
flow; the type of facility required, the design criteria and the sizes
and grades to be determined by the Public Works Committee. Storm drainage
facilities shall be so designed as to present no hazard to life or
property; and the size, type and installation of all stormwater drains
and sewers proposed to be constructed shall be in accordance with
the plans and standard specifications approved by the Committee. If
the Village Board determines it is necessary to construct storm sewer
facilities outside the boundaries of the subdivision or development,
and the subdivision or development is benefited thereby, the Village
shall construct such facilities, and the subdivider or developer shall
share the cost thereof in the same ratio that the benefiting area
of the subdivision or development bears to the total area served by
said outside construction.
I.
Street signs and traffic control signs. The Village shall install
street signs and traffic control signs.
J.
Other utilities. The subdivider shall have arranged with the affected
utility companies for gas, electric, telephone or CATV facilities
to be installed in such a manner as to make adequate service available
to each lot in the subdivision when needed. Where underground utility
cables are to be installed in a new residential subdivision, the utility
may install conduit for street crossings before the street is surfaced
to facilitate later installation of the necessary cable to serve such
subdivision or portions thereof. The installation of conduit shall
be in lieu of direct installation of the underground cable. Plans
indicating the proposed location of all gas, electrical power and
telephone distribution and transmission lines required to service
the plat shall be approved by the Public Works Committee.
K.
Improvements on boundaries of subdivisions. Any public improvements
occurring on the boundaries of the subdivision shall use normal assessing
values for establishing payments.
A.
Commencement. No construction or installation of improvements shall
commence in a proposed subdivision until the preliminary plat or certified
survey map has been approved and the Public Works Committee has given
written authorization.
B.
Building permits. No building permit shall be issued for erection
of a structure on any lot not of record until all the requirements
of this chapter have been met, unless otherwise provided for in the
subdivider's agreement. In exceptional circumstances, the Village
Board may authorize the issuance of a building permit prior to the
completion of all improvements; however, no occupancy permit shall
be issued prior to the completion of all improvements.
C.
Plans. The following plans and accompanying construction specifications
may be required by the Village Board before authorization of construction
or installation of improvements:
(1)
Street plans and profiles showing existing and proposed grades, elevations
and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(3)
Water plans and profiles showing the locations, grades, sizes, elevations
and materials of required facilities.
(4)
Stormwater drainage facility plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials of required
facilities.
(5)
Planting plans showing the locations, age and species of any required
trees.
(6)
Additional special plans or information as required; where required
by state agencies, such plans shall be approved by such agencies prior
to the commencement of construction.
D.
Inspection. The subdivider, prior to commencing any work within the
subdivision, shall make arrangements with the Public Works Committee
to provide for adequate inspection. The Committee shall inspect and
approve all completed work prior to approval of the final plat or
release of the sureties.
A.
General. The subdivider shall pay to the Village all fees as hereinafter
required at the time specified.
B.
Preliminary plat review fee shall be required in such amount as set
by the Village Board from time to time to assist in defraying the
cost of review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Final plat review fee shall be required in such amount as set by
the Village Board from time to time to assist in defraying the cost
of review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Certified survey map review fee shall be required in such amount
as set by the Village Board from time to time to assist in defraying
the cost of review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Park fees.
(1)
Determination of fees. All persons subdividing land, including minor
subdivisions, within the Village for residential purposes, or converting
existing residential buildings to create additional residential units,
shall pay a park fee of $250 for each anticipated residential unit.
F.
Inspection fee. The subdivider shall pay a fee equal to the actual
cost to the Village for such inspection as the Public Works Committee
deems necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the Village or any other governmental authority.
G.
Engineering fee. The subdivider or developer shall pay a fee equal
to the actual cost to the Village for all engineering work incurred
by the Village in connection with the land division or minor land
division. In addition:
(1)
Engineering work shall include the review and approval of construction
plans. The Village Engineer or the Village Board may permit the subdivider
to furnish all, some or part of the required construction plans. The
fee for engineering work shall be billed periodically and shall be
payable within 10 days.
H.
Legal fees. The subdivider or developer shall pay a fee equal to
the cost of any legal work which may be undertaken by the Village
in connection with the land division, minor land division or planned development. Legal work shall
include all conferences regarding the subdivision or development and
the drafting of contracts and agreements between the Village and the
subdivider. Legal fees shall be billed periodically and shall be payable
within 20 days.
It shall be unlawful to build upon, divide, convey, record or
place monuments on any land in violation of this chapter or the Wisconsin
Statutes; and no person shall be issued a building permit by the Village
authorizing the building on, or improvement of, any subdivision, minor
land division or replat within the jurisdiction of this chapter not
of record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully met. The Village
may institute appropriate action or proceedings to enjoin violations
of this chapter or the applicable Wisconsin Statutes.
A.
Penalty. Any person who violates or fails to comply with the provisions
of this chapter shall, upon conviction thereof, forfeit not less than
$100 nor more than $500 plus the costs of prosecution for each offense
and the penalty for default of payment of such forfeiture and costs
shall be imprisonment in the county jail until payment thereof, but
not exceeding six months. Each day a violation exists or continues
shall constitute a separate offense. Violations and concomitant penalties
shall include the following:
B.
Remedy. An Assessor's plat made under § 70.27, Wis. Stats.,
may be ordered as a remedy by the Village at the expense of the subdivider
when a subdivision, as defined herein, is created by successive divisions.
