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:
(a) 
Additional population density.
(b) 
Possibility of use of particular land in a manner unsuitable to the land's characteristics.
(c) 
Additional demands upon City area parks, recreation areas, utility facilities and schools.
(d) 
Additional traffic and street use.
B. 
Portions of chapter applicable to condominium developments. The following sections of this chapter shall apply to condominium developments:
(1) 
Section 443-9, relating to land suitability and construction practices.
(2) 
Sections 443-12 through 443-15, relating to preliminary and final plat approval. The technical requirements for preliminary plats set forth in § 443-20 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
(3) 
Article IX, relating to fees for review.
(4) 
Article VI, relating to required improvements.
(5) 
Article VII, relating to design standards for improvements.
(6) 
Article VIII, relating to dedication requirements.
C. 
Exceptions. This section shall not apply to the following condominiums:
(1) 
Any condominium plat recorded prior to the effective date of this chapter.
(2) 
Any conversion of a structure or structures in existence on the effective date of this chapter to a condominium after the effective date of this chapter.
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:
(a) 
The removal of diseased or insect-infected trees or of rotten or damaged trees that present safety hazards, or the trimming of normal overhanging tree growth.
(b) 
The pruning of trees, the cutting of shrubs, understory vegetation, bushes or grasses, or the harvesting of non-wood fiber crops.
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.