A.
Compliance. No person shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, land division,
land conveyance, consolidation, or a replat as defined herein; no
such subdivision, land division, land conveyance, consolidation, or
replat shall be entitled to recording; and no street shall be laid
out, nor improvements made to land, nor building permits issued for
any land division without compliance with all requirements of this
chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(2)
The rules of the Department of Safety and Professional Services contained
in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public
sewer.
(3)
The rules of the Department of Transportation contained in Ch. Trans
233, Wis. Adm. Code, for subdivisions which abut a state trunk highway
or connecting street.
(4)
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.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the City Council.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
(7)
The City of Amery Master Plan and Official Map, or components thereof.
(a)
Whenever a parcel to be subdivided embraces any part of a street,
highway or greenway designated in said Master Plan or Official Map,
such part of such proposed public way shall be platted and dedicated
by the subdivider in the location and at a width indicated along with
all other streets in the subdivision.
(b)
Where a proposed school site or other public ground shown on
the Master Plan or Official Map of the City of Amery is located in
whole or in part within the proposed subdivision, such proposed public
ground or park shall be dedicated to the public when dedication is
required by this chapter or reserved for a period of up to five years
from the date of approval of the final plat for acquisition by the
City of Amery, Polk County, or any other appropriate agency having
the authority to purchase said property. The City, or other agency
having the authority to purchase said property, and the subdivider
shall enter into an agreement which provides for the purchase of the
lands held in reserve prior to the conclusion of the five-year period.
(8)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
(9)
The City's water rules on file with the Public Service Commission
of the State of Wisconsin concerning water installations and services.
These rules are incorporated herein by reference and made a part hereof
as though fully set forth herein.
B.
Jurisdiction; extraterritorial plat approval jurisdiction.
(1)
Jurisdiction
of these regulations shall include all lands within the corporate
limits of the City as well as pertinent unincorporated areas within
areas of statutory extraterritorial jurisdiction. The City of Amery,
as a fourth-class city, has elected to approve plats under its extraterritorial
plat approval jurisdiction as provided in Ch. 236 and § 66.0105,
Wis. Stats.
(2)
The
provisions of this chapter, as they apply to divisions of tracts of
land into less than five parcels, 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)
Sale or exchange of parcels of land between adjoining property
owners or where not more than one additional lot is created and said
lot is not less than the minimum size required by applicable laws
or ordinances. No more than one lot may be created in this fashion
within a one-year period.
(d)
Cemetery plats made under § 157.07, Wis. Stats.
(e)
Assessor's plat made under § 70.27, Wis. Stats., but
such Assessors' plats shall comply with §§ 236.15(1)(ag)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
C.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
Compliance; issuance of permits. The City of Amery shall not recognize
and no building or other permits shall be issued by the City 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 City
Council of the City.
E.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the City'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.
F.
Recording of plats or certified surveys. Land divisions shall not
be recognized by the City until recorded with the Register of Deeds.
The volume, page, and document numbers of the recording shall be filed
with the City Administrator/Clerk-Treasurer prior to issuance of any
permits. The subdivider shall file six certified copies of the approved
certified survey map and 10 copies of the approved final plat with
the City Administrator/Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Suitability. No land shall be subdivided for residential, commercial
or industrial use which is held unsuitable for such use by the City
Council, upon the recommendation of the Plan Commission, 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 community. The City Council, 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 the proposed use and afford the subdivider an opportunity to present
evidence regarding such unsuitability if he/she so desires. Thereafter,
the City Council, upon the recommendation of the Plan Commission,
may affirm, modify, or withdraw its determination of unsuitability.
B.
Existing flora. The subdivider shall make every effort to protect
and retain all existing trees, especially with a trunk diameter of
six inches or more, shrubbery, vines, and grasses not actually lying
in public roadways, drainageways, building foundation sites, private
driveways, soil absorption waste disposal areas, paths, and trails.
Such trees are to be protected and preserved during construction in
accordance with sound conservation practices, possibly including the
preservation of trees by well islands or retaining walls whenever
abutting grades are altered, pursuant to a landscaping plan filed
by the subdivider.
C.
Other factors.
(1)
Floodlands. No lot served by public sanitary sewerage facilities
shall have more than 50% of its required lot area below an elevation
at least two feet above the elevation of the one-hundred-year recurrence
interval flood or, where such data is not available, five feet above
the maximum flood of record. No lot one acre or less in area served
by an on-site sanitary sewage disposal (septic tank) system shall
include floodlands. All lots more than one acre in area served by
a septic tank system shall contain not less than 40,000 square feet
of land which is above flood protection elevation at least two feet
above the elevation of the one-hundred-year recurrence interval flood
or, where such data is not available, five feet above the maximum
flood of record.
(2)
Filled lands.
(a)
Lands made, altered, or filled with non-earth materials within
the preceding 20 years shall not be divided into building sites which
are to be served by soil absorption waste disposal systems except
where soil tests prepared by a professional soil scientist clearly
show that the soils are suited to such use. Soil reports shall include,
but need not be limited to, an evaluation of soil-bearing capacity
and soil compaction. To accomplish this purpose, a minimum of one
test per acre shall be made initially. The City does not guarantee,
warrant, or represent that the required samples represent conditions
on an entire property and thereby asserts that there is no liability
on the part of the City Council, its agencies or employees for sanitary
problems or structural damages that may occur as a result of reliance
upon such tests.
(b)
Lands made, altered, or filled with earth within the preceding
seven years shall not be divided into building sites which are to
be served by soil absorption waste disposal systems except where soil
tests prepared by a professional soil scientist clearly show that
the soils are suited to such use. Soil reports shall include, but
need not be limited to, an evaluation of soil permeability, depth
to groundwater, depth to bedrock, soil-bearing capacity, and soil
compaction. To accomplish this purpose, a minimum of one test per
acre shall be made initially. The City does not guarantee, warrant,
or represent that the required samples represent conditions on an
entire property and thereby asserts that there is no liability on
the part of the City Council, its agencies, or employees for sanitary
problems or structural damages that may occur as a result of reliance
upon such tests.
(3)
Slopes. Lands having a slope of 12% or more shall be maintained in
permanent open space use. No lot shall have more than 50% of its minimum
required area in slopes of 10% or greater.
(4)
Bedrock. Lands having bedrock within six feet of the natural undisturbed
surface shall not be divided into building sites to be served by on-site
soil absorption sewage disposal systems.
(5)
Groundwater. Lands having groundwater within six feet of the natural
undisturbed surface shall not be divided into building sites to be
served by soil absorption sewage disposal systems.
A.
Purpose.
(1)
The City of Amery City Council 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 City determines that this factor makes a condominium development
dissimilar, both physically and in ownership, from developments in
which the land and improvements are under unitary ownership, management,
and control.
(3)
Thus, the City Council 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:
C.
Exceptions. This section shall not apply to the following condominiums:
A.
Purpose. The purpose of the site plan and plat submittal requirements
set forth below are as follows:
(1)
To preserve and protect the scenic, historic, geologic and recreational
values of the City of Amery.
(2)
To value and protect special landscapes that give the community a
"sense of place" and to preserve scenic views, cultural and historic
sites and natural areas and features.
(3)
To protect steep slopes and other sites from soil erosion, pavement
encroachment, water quality degradation, and negative visual impacts
and protect and preserve the scenic character and quality of the community.
(4)
To encourage "sustainable development" in accord with the City of
Amery, "Smart Growth" planning process and to encourage and promote
development that preserves the character of the community and its
treasured and valued assets in an effort to preserve the small town
historic nature of the community.
B.
When required; applicability. Any construction which requires site
plan or plat submittal shall be required to adhere to the provisions
of this section. Each site plan or plat submittal shall incorporate
these provisions, and such incorporation shall be required for approval
of such plans. Nothing within these provisions shall exempt developments
from complying with all other City codes, zones and requirements,
and applicable requirements of other agencies.
C.
Vegetation management.
(1)
The vegetation shall be managed to maintain the essential character,
quality and density of existing growth, or native species on nearby
or adjacent lands. Compatible native species of vegetation shall be
used for replacement or new plantings.
(2)
Removal of trees exceeding four inches in diameter at a height of
four feet is not permitted without a permit and conditional review
of the City. The permits shall be issued by the Zoning Administrator
if they fall within the provisions noted below, or when such cuttings
in conflict with such provisions have been reviewed and approved by
the Zoning Board of Appeals.
(3)
The above cutting provisions shall not prevent:
D.
Preservation of trees. All new development requiring site plan or plat submittal shall incorporate a tree preservation plan designed to preserve native stands of trees. For all new construction requiring site plan or plat submittal, the City shall credit the developer a reduction in the recreation, park or open space fee or land dedication requirements as defined in § 443-49 for those identified efforts to preserve native species of trees on the development site. The tree preservation plan shall be reviewed with the site plan or plat submittal and a negotiated fee reduction will be determined and incorporated into a developer's agreement to be reviewed and approved by the Plan Commission and City Council. Fee reduction will be based on acreage and quality of tree stands preserved as a percentage of the overall site to be developed. In order to qualify for fee reduction under this provision, the developer shall be required to formally create preservation corridors or make deed or covenant provisions or easements preserving native stands of trees. Commercial developments not covered by the recreation, park or open space provisions shall make every effort to preserve significant stands of trees and to landscape parking areas and plant trees on street frontages or where deemed by the City to be appropriate. The Wisconsin Department of Natural Resources forestry and/or wildlife staff, or agents of like or similar agencies, may be consulted for current information about vegetative species native to this part of Wisconsin.
E.
Grading and filling provisions. Any grading or filling of the natural
topography in excess of that required for the construction of a structure
or for normal yard maintenance shall be subject to all applicable
state laws. The provisions for conditionally permitted activities
shall include:
(1)
The site plan or plat submittal shall include a detailed plan and
schedule of earthmoving activities, including a plan which shows how
vegetative cover will be reestablished, at what density and within
what time frame.
(2)
Approval of the site plan shall be conditioned upon the following:
(a)
No filling or grading shall be allowed on slopes, except for
rock rip-rapping for shoreline protection or best management practices
conditionally approved by the City.
(b)
Diversions, silting basins, terraces and other methods to trap
sediments shall be used where necessary.
(c)
Fill shall be stabilized according to accepted engineering standards.
(d)
The draining or filling of wetlands is prohibited. Setbacks
from navigable waterways shall be 75 feet.
(e)
Any local approval of a plan or permit may not negate the requirements
for obtaining state or federal permits or approvals, or for complying
with county and other agency requirements. The developer shall be
required to obtain approval from all other applicable agencies.
(f)
Development that generates significant stormwater of such a nature that it cannot be retained on site and is designed to enter the City stormwater system shall be required to pay a one-time stormwater collection fee based on engineering calculations of the stormwater discharge and equal to the cost to accept and retain the discharge. Calculations shall be based on Chapter 367, Stormwater Management and Erosion Control, of this Code.
F.
Subdivisions.
(1)
Land may be subdivided only where it is demonstrated by the applicant
that all proposed lots, in their existing condition, are suitable
for residential development without special variances or conditions,
excepting rezoning where such is deemed appropriate. No land shall
be subdivided which is held unsuitable by the City for the proposed
use because of flooding, inadequate drainage, soil and rock formations
with severe limitations for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewage disposal
capabilities, or any other feature likely to be harmful to the health,
safety or welfare of future residents of the proposed subdivision
or of the community.
(2)
All subdivisions shall be required to submit a preservation plan
to preserve significant natural features, including stands of native
trees, rock formations, and scenic views or view corridors.
(3)
All new residential subdivisions shall have streetlighting that does
not glare upwards.
G.
Planned cluster developments.
(1)
A pattern of subdivision which places dwelling units into compact
groupings may be allowed when the proposed clustering provides a better
means of preserving scenic views from the river, agricultural land,
open space, woods, wetlands, waterways, and other features of the
natural environment than a traditional subdivision development. Exceptions
to the minimum setback and height standards shall not be allowed.
Exceptions to other dimensional standards (e.g. lot width, minimum
lot size) may be allowed for planned cluster developments, provided
the number of dwelling units allowed shall not exceed 50% more than
the total number of dwelling units allowed if the development were
based on minimum lot size requirements for a single-family residence
subdivision.
(2)
Planned cluster developments shall incorporate the provisions of
the City's planned unit development and approval process.
(3)
Zero lot line housing is not permitted unless the provisions of condominium
law are applied.
(4)
Planned cluster developments shall designate in their site plan natural
areas being protected and preserved by deeding such features as outlots
or taking other measures to ensure their preservation and protection.
The essential purpose of planned cluster and planned unit development
is the preservation of natural areas.
H.
Road and route design/street trees. All new roads and utilities in
subdivisions shall be constructed in a way that protects the scenic
integrity of the area and river valley and must use minimally invasive
techniques for construction in order to preserve, to the extent possible,
native trees and vegetation, natural features, and scenic views and
provide for erosion control. All new roads constructed in subdivisions
of 15 acres or more, or more than 20 lots or units, shall be subject
to a fee provided in the Schedule of Fees per lot/residential unit
for the purchase and planting of native street trees. All or a portion
of this fee may be waived if the applicant has made substantive efforts
to preserve or maintain native trees and vegetation, natural features,
or scenic views. The City shall purchase and install the street trees
within one year of the completion of subdivision roads.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
Native lawns. Owners of residential dwelling units may submit plans for the establishment of native lawns and yards in order to encourage native grasses, herbs, shrubs and trees, provided that such plans include maintenance provisions that do not include periodic burning of the lawn or yard and discourage and remove invasive species or noxious weeds. Plans may also include stormwater management practices such as porous pavers, rain ponds and infiltration swales. All plans shall be a conditional use and may be revoked or amended if such a plan is not properly managed or maintained. The City Council shall review all proposals and shall set any conditions to such approval, pursuant to § 249-5.
J.
Highway commercial development.
(1)
All new commercial development over 10,000 square feet shall be a
conditional use requiring a public hearing allowing the Plan Commission
and community an opportunity to consider the architecture and design
of a building, its arrangement on the lot, landscaping, parking, pedestrian
amenities, signage, lighting, and other design elements. The intent
of this provision is to encourage distinctive architectural features
in harmony with their natural and historic setting and authenticity
and integrity in the built environment.
(2)
Approval of the commercial development shall be conditioned upon
critical design elements that may include earth-tone color schemes,
decorative brick, use of native or historic materials, pedestrian
corridors, landscaped parking areas, and signage sensitive to the
environment and the region.
(3)
All new commercial development shall incorporate outdoor lighting
which does not glare upwards and is shielded to prevent shining outside
the property boundary.
(4)
Commercial developments over 10,000 square feet shall not have blank
walls of more than 75 feet and such shall be enhanced by display windows,
murals, or similar features that add visual interest to the store.
(5)
The City may require, as safety measures, sidewalks linking stores
to street crossings, building entrances, and other pedestrian linkages.
(6)
The City may appoint a citizens' advisory committee to work with
the developer on incorporation of these design standards.
(7)
Those adjacent to the U.S. Highway 46 commercial corridor shall be
planted with vegetative screenings or shall preserve native growth
where appropriate in order to protect and enhance scenic or significant
views.
(8)
The vegetation shall be managed to maintain the essential character,
quality and density of existing growth, or native species on nearby
adjacent lands. Compatible native species of vegetation shall be used
for replacement or new plantings.
K.
Highway commercial signage.
(1)
All new highway commercial development (those commercial or industrial
uses within the U.S. Highway 46 corridor within the City limits) shall
submit a signage plan and shall be limited to one freestanding sign
per business or commercial center with a maximum height of no more
than 15 feet and whose total surface area shall not exceed 100 square
feet.
(2)
One wall sign shall be permitted for each business in a commercial
center with a message relating to the business activities on the premises.
Such signs shall not exceed 10% of the area of the front face of the
building or business on a parcel or 200 square feet, whichever is
less.
(3)
In lieu of a freestanding sign, a commercial development may be granted
one ground sign not exceeding a height of 10 feet above the uniform
finished grade. Ground signs in lieu of a freestanding sign may have
a total surface area of 200 square feet.
(4)
No new billboards, portable signs, pennants, streamers, or flashing
signs or intermittent lights shall be constructed in the highway commercial
area.
(5)
No existing highway commercial business shall significantly alter
or improve any existing signage unless it is or comes into compliance
with these provisions.
(6)
In order to ensure the integrity of this provision, and consistency
in its application, no variances to these highway commercial signage
provisions shall be allowed.
