[HISTORY: Adopted by the Town Board of the Town of Wescott 3-12-2020 by Ord. No. 2020-02. Amendments noted where applicable.]
A.
Statutory authorization. This chapter and the regulations herein
are established pursuant to authority granted by § 236.45
of the Wisconsin Statutes.
B.
Purpose. The purpose of these regulations is to regulate and control
the division and subdivision of land within the Town of Wescott, Shawano
County, Wisconsin, to promote the public health, safety and general
welfare; to further the orderly layout and use of land; to lessen
congestion in the streets and highways; to provide for adequate light
and air; to facilitate adequate provision for water, sewage and other
public requirements; to provide for proper ingress and egress; to
promote proper monumenting of divided land and conveyancing by accurate
legal description; and to facilitate the further division of larger
tracts into smaller parcels of land.
C.
Abrogation and greater restrictions. It is not intended by this chapter
to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, ordinances, rules,
regulations or permits previously adopted or issued pursuant to law.
However, whenever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
D.
Severability. If any section, provision or portion of this chapter
is declared invalid by a court of competent jurisdiction, such decision
shall not affect the validity of this chapter in its entirety or any
part thereof other than that so declared to be invalid.
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 Town of Wescott, and shall
not be deemed a limitation or repeal of any power granted by the Wisconsin
Statutes.
F.
Jurisdiction. The jurisdiction of this chapter shall include all
the unincorporated lands of the Town of Wescott. However, in no instance
shall the provisions of this chapter 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 created and the resultant lots are not
reduced below the minimum sizes required by these regulations, the
Shawano County Zoning Ordinance or other applicable laws or ordinances.
(4)
Cemetery plats made under § 157.07, Wis. Stats., or amendments
thereto.
(5)
Assessor's plats made under § 70.27, Wis. Stats.,
or amendments thereto.
(6)
Division of land relating to the acquisition or exchange of land
by public agencies for public use and occupancy, including, but not
limited to, land divisions made for land construction purposes.
G.
Compliance. No person, firm or corporation shall divide land which
results in a land division, subdivision or replat without compliance
with this chapter, the Shawano County Subdivision Ordinance, Chapter
236 of the Wisconsin Statutes, Town and County Development Plans or
the Official Map of the Town of Wescott.
As used in this chapter, the following terms shall have the
meanings indicated:
A public or private right-of-way which provides secondary
access to abutting properties.
A 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.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
which is permanently affixed to the land.
The distance from the boundaries of a lot or from some other
feature within which buildings shall not be erected.
A map of not more than four parcels prepared in accordance
with § 236.34, Wisconsin Statutes, and the terms of this
chapter.
A land use and development plan prepared in conformance with
§ 66.1001, Wis. Stats., and adopted by the Town Board.
Any man-made change to the land including, but not limited
to, construction, additions to existing buildings, other structures,
mining, dredging, filling, grading or paving.
An area of land reserved to accommodate the free flow of
stormwater, detention or retention of stormwater, or to provide storm
sewers.
A legally constituted body organized in a development in
which individual homeowners share interest and responsibilities for
the management, maintenance and costs of common open space. The Association
usually holds title and enforces covenants and restrictions to common
property.
Any sanitary sewer, storm sewer, drainageway, drainage basin,
water main, roadway, park, parkway, public access, sidewalk, pedestrian
way, planting strip, off-street parking area or other facility for
which the Town may ultimately assume the responsibility for maintenance
and operation.
Any person, firm or corporation or agent thereof, proposing
to divide land resulting in a land division. The term "land divider"
shall encompass the words "subdivider" and "developer."
The act of creating one or more new and separately described
parcels from existing parcel(s) of land by the owner. Land divisions
shall have a certified survey or a subdivision plat prepared for approval
by the Town of Wescott and recording.
A buildable parcel of land represented and identified in
a land division as defined herein.
Land within a land division or development retained for use
a recreation areas, agriculture, or for resource protection in an
essentially undeveloped state.
A parcel of land not intended for a building site or development,
so designated on the plat, replat or certified survey map.
The existing parcels of record, as identified by individual
tax parcel numbers, as of the effective date of this chapter.
A map showing the salient features of a proposed subdivision
submitted for purposes of preliminary consideration.
Any public road, street, highway, walkway, drainageway or
part thereof.
The process of changing, or the map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
Any person, corporation, partnership, association, individual,
firm, trust or agent acting on the seller's behalf thereof dividing
or proposing to divide land resulting in a land division or subdivision.
The term "subdivider" shall encompass the term "developer."
The division of a lot, parcel or tract of land by a subdivider
where the division creates more than four new parcels from the parent
parcel.
Reference to Town shall mean the Town of Wescott, including
the Town Board.
The Town of Wescott Plan Commission.
A.
Building permits. The Town shall not issue any building permit relating
to any parcel of land forming all or any part of land included in
a subdivision, land division or replat originally submitted to the
Town on or after the effective date of this chapter until the applicant
has complied with all of the provisions and requirements of this chapter.
B.
Land suitability. No land shall be divided or subdivided for residential,
commercial or industrial use which is held unsuitable for such use
by the Town Board, upon the recommendation of the Plan Commission,
for reason of flooding, inadequate drainage, wetlands, incompatible
surrounding land use, adverse soil or rock formation, unfavorable
topography, inadequate water supply or sewage disposal capabilities,
unfavorable impact on groundwater supply, quantity or quality, poor
management of environmentally sensitive areas or any feature likely
to be harmful to the health, safety, or welfare of the future users
of the proposed subdivision or of the community.
(1)
The determination of land suitability shall be made by the Plan Commission
for any land division/subdivision. The Plan Commission, 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 so desired. Thereafter, the
Plan Commission may affirm, modify or withdraw its determination of
unsuitability. The Town Board shall consider the Plan Commission's
recommendation when considering approval of a land division.
(2)
Where the land division or subdivision of a tract of land contains
a portion of land unsuitable for development because of poor drainage,
floodable conditions, adverse soil conditions, or rock formations,
unfavorable topography, inadequate water supply or sewage disposal
capabilities, or for any other reason, such areas shall not be divided
into buildable sites, but instead be identified as an outlot or other
designation that would indicate that the land is not available for
a building site or development.
(3)
Lands declared unsuitable for a building site or development shall
include, but are not limited to, the following:
(a)
Areas mapped as a floodway by the Federal Emergency Management
Agency (FEMA) or Wisconsin Department of Natural Resources.
(b)
All areas mapped as wetland by the Wisconsin Department of Natural
Resources or as may be determined to be wetland by the Department.
(c)
Areas having slopes steeper than 16%.
C.
Condominium plats. All condominium plats or extensions shall be submitted
for review and approval pursuant to § 703.115, Wis. Stats.
All units and all common elements shall be clearly described and shown.
All hallway access, parking and internal circulation shall be clearly
described and shown. The Town shall take action to review and approve,
approve conditionally, or reject the plat within 10 working days of
its submission to the Town Clerk. Town staff that reviews the plat
and approves the plat shall certify approval in writing accompanied
by signature and title.
A.
Preliminary consultation. Prior to filing an application for the
approval of a land division by certified survey map, the subdivider
shall prepare and submit a concept plan to the Town Clerk for review
by and consultation with the Town. The concept plan shall be to scale
showing the layout of the lots, approximate dimensions and any proposed
public improvements.
B.
Certified survey map review. Following consultation, copies of the
final map in the form of a Certified Survey Map and plans and specifications
for any required public improvements shall be submitted to the Town
Clerk for review as follows.
(1)
For any Certified Survey Map which does not involve or require any
public improvement or dedication, the Certified Survey Map shall be
submitted to Town staff. Town staff shall administratively act to
approve, approve conditionally or reject the Certified Survey Map.
Town staff shall state in writing any conditions of approval or reasons
for rejection. Failure to act within 60 days constitutes approval
unless the time is extended by agreement with the land divider.
(2)
For any Certified Survey Map which involves or requires any public
improvement or dedication, the Certified Survey Map shall be submitted
to the Town Plan Commission for review and recommendation to the Town
Board. The Town Board shall take action to approve, approve conditionally
or reject the Certified Survey Map. The Town Board shall state, in
writing, any conditions of approval or reasons for rejection. Failure
to act within 60 days constitutes approval unless the time is extended
by agreement with the land divider.
C.
Certified survey maps requiring public improvements. As a condition
of approval for any Certified Survey Map requiring public improvements,
the Town may require the applicant to enter into a public improvement
agreement (Development Agreement) that all required public improvements
be substantially completed within two years and provide financial
security for the benefit of the Town to ensure the required public
improvements will be substantially completed within two years.
A.
Preliminary consultation. Prior to filing an application for the
approval of a subdivision plat, the subdivider shall prepare and submit
a concept plan to the Town Clerk for review by and consultation with
the Town Plan Commission. The concept plan shall be to scale showing
the layout of the lots and streets, approximate dimensions and proposed
public improvements. The subdivider shall also provide information
regarding land suitability, including soil conditions, topography,
wetlands and information regarding access and accessibility of the
site with respect to existing roads and existing development within
300 feet of the site.
B.
Preliminary plat review. Following preliminary consultation and before
submitting a final plat, a preliminary plat along with plans and specifications
for all required public improvements shall be prepared by and submitted
to the Town Clerk for review and a recommendation by the Town Plan
Commission. The Town Plan Commission shall review the preliminary
plat for conformance with the requirements of this chapter and all
other ordinances, rules, regulations and adopted plans of the Town
of Wescott. The Town Plan Commission shall make its recommendation
to the Town Board to approve, conditionally approve or reject the
preliminary plat within 60 days of its submittal unless time is extended
by agreement with the subdivider. The Town Board shall take action
to approve, conditionally approve or reject the preliminary plat within
90 days of its submission to the Town Clerk. The Town Board shall
state, in writing, any conditions of approval or reasons for rejection.
Failure of the Town Board to act within 90 days of submittal constitutes
approval of the preliminary plat unless the time is extended by agreement
with the subdivider.
C.
Preliminary plat approval authorizing construction of public improvements.
Preliminary plat approval authorizes the subdivider to make and install
all required public improvements according to approved engineering
plans and specifications.
D.
Preliminary plat referral. The subdivider shall be responsible for
filing the appropriate number of copies of the preliminary plat with
all other state, county and local agencies, departments, utilities
and municipalities pursuant to § 236.12(6), Wis. Stats.[1]
[1]
Editor's Note: See now § 236.12, Wis. Stats.
A.
Final plat review. The subdivider shall prepare and submit a final
plat to the Town Clerk for examination by the Town Plan Commission
as to conformance with the approved preliminary plat, any condition
of approval, the requirements of this chapter and all other ordinances,
rules, regulations and adopted plans of the Town of Wescott. The Town
Plan Commission shall examine the final plat and make its findings
within 30 days of final plat submission. The Town Board shall take
action to approve or reject the final plat within 60 days of its submittal.
If the final plat is rejected, the reasons therefor shall be stated
in the minutes of the meeting and a copy thereof or a written statement
of the reasons supplied to the subdivider. Failure of the Town Board
to act within 60 days of submittal constitutes approval of the final
plat unless the time is extended by agreement with the subdivider.
B.
Conditions of final plat approval.
(1)
The final plat conforms substantially with the preliminary plat and
is submitted within 36 months after the last required approval of
the preliminary plat unless extended, in writing, by the Town Board.
(2)
All required public improvements are substantially completed in conformance
with the approved preliminary plat and approved engineering reports,
plans and specifications and "as built" or record drawings of improvements
are filed with the Town.
(3)
As an alternative to the substantial completion of all required public
improvements, and in the discretion of the Town Board, the subdivider
enters into a public improvement agreement (Development Agreement)
that all required public improvements be substantially completed within
two years of final plat approval and provides financial security for
the benefit of the Town to ensure required public improvements will
be substantially completed within two years of final plat approval.
(4)
Subdivider pays in full all current Town review and inspection fees.
A.
Certified survey maps.
(1)
Certified survey map requirements. A certified survey map (CSM) shall
be required for all newly created parcels of land where the act of
division will create up to and including four new lots, parcels or
tracts from the parent parcel. A CSM shall also be required for all
public dedications. No land included in any street, highway or railroad
right-of-way shall be included in computing lot area.
(2)
Specifications. A CSM shall comply with the requirements of § 236.34,
Wis. Stats., and shall include the following information:
(a)
Every CSM shall show prominently near the top of the first page
the quarter-quarter section, government lot or private claim; section,
township and range; name of Town and county, or, if part of a recorded
subdivision or certified survey map, the name of the recorded subdivision
or CSM volume and number, Town and county.
(b)
A certificate shall appear on the face of the CSM which acknowledges
review by the Shawano County Planning and Development Department.
(c)
If land to be dedicated to the public is included within the
CSM, then a certificate of acceptance by the Town Board, signed by
the Clerk and the Chairperson, shall appear on the face of the CSM.
The area of such dedication in square feet or acres shall be shown
within the dedication.
(d)
A certificate of approval by the Town shall appear on the face
of the CSM.
(e)
A North arrow, scale, legend and symbols, bearing and distance
of each line, lot numbers and area in square feet and acres, and existing
and proposed easements.
(f)
A statement shall appear on the face of the CSM that it is part
of or all of a tax parcel number and the property owners of record.
(g)
All existing structures.
(h)
The location, right-of-way width and name of all existing and
proposed highways, streets, alleys or other public ways.
(i)
Location of section quarter, sixteenth, government or private
claim lines that are within 50 feet of the exterior boundary of the
CSM.
(j)
Location and names of any subdivision, CSM, existing property
lines and owners of record of abutting unplatted lands contained in
or within 50 feet of the exterior boundary of the CSM.
(k)
Locations of any corporate limit lines within 50 feet of the
exterior boundary of the CSM.
(l)
All existing driveways and access points. If the CSM abuts a
controlled access highway and no driveway exists, a statement to that
effect shall appear on the CSM. Driveway width and radii shall be
shown.
(m)
All stream and other water bodies located within the shoreland
jurisdiction of the CSM boundary shall be shown. A building setback
line and distance shall also be shown.
(n)
All wetland areas within the CSM that are regulated through
the Shoreland Zoning Ordinance shall be shown. All areas that have
been designated floodplain shall also be shown and labeled. The source
of the floodplain determination shall be stated on the CSM.
(o)
Any proposed lake or stream improvement or relocation and proposed
filing, grading, lagooning and dredging within the boundaries of the
CSM.
(p)
All drainage easements and statement of restrictions and maintenance
obligations.
(q)
Mortgage certificate.
(r)
Right to Farm Notice Residential CSM.
B.
Preliminary plats.
(1)
Preliminary plat requirements. A preliminary plat shall be required
for all subdivisions and shall be based upon a survey by a registered
land surveyor and the plat prepared on reproducible material at a
scale of not more than one inch to 100 feet and shall show correctly
on its face the following information:
(a)
Title under which the proposed subdivision is to be recorded.
(b)
Legal description and general location of proposed subdivision
and relative location to a nearby municipality.
(c)
Date, scale and North arrow.
(d)
Names and addresses of the owners, subdivider and land surveyor
preparing the plat.
(e)
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 the area is proposed for immediate development.
(f)
Length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the U.S. Public
Land Survey and the total acreage encompassed thereby.
(g)
Contours at vertical intervals of not more than two feet, where
the slope of the ground surface is less than 20% and of not more than
five feet where the slope of the ground surface is 20% or more. Elevations
shall be marked on such contours based on mean sea level datum.
(h)
Water elevations of adjoining lakes and streams at the date
of the survey, approximate high and low water elevation, and FEMA's
one-hundred-year floodplain elevation, all referred to the same datum
used for the contours.
(i)
Location, right-of-way width and name of all existing and proposed
streets, alleys or other public ways, easements, railroad and utility
right-of-way and all section and quarter section lines within the
exterior boundaries of the plat or immediately adjacent thereto.
(j)
Locations and names of any subdivisions, parks, schools and
cemeteries and owners of record of abutting unplatted lands within
300 feet of the exterior boundary of the plat.
(k)
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 the datum used for the contours.
(l)
Location, size and invert elevation of any existing sanitary
or storm sewers, culverts and drain pipes, the location of manholes,
catch basins, hydrants, power and telephone poles and location and
size of any existing water and gas mains within the exterior boundaries
of the plat or immediately adjacent thereto. If no sewer or water
mains are located on or immediately adjacent to the tract, the nearest
such sewers or water which might be extended to serve the tract shall
be indicated by their direction and distance from the tract, size,
and invert elevations.
(m)
Locations of all existing property boundary lines, structures,
driveways, streams and watercourses, flowing wells and springs, marshes,
rock outcrops, wooded areas, railroad tracks and other similar significant
features within the tract being subdivided or immediately adjacent
thereto.
(n)
Dimensions of all lots, together with proposed lot and block
numbers.
(o)
Location and dimensions of any sites to be reserved or dedicated
for parks, playgrounds, drainageways, to other public use or which
are to be used for group housing, shopping centers, church sites or
other nonpublic uses not requiring lotting.
(p)
Radii of all curves.
(q)
Existing zoning and proposed use on an adjacent to the proposed
subdivision.
(r)
Corporate limit lines.
(s)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
the access.
(t)
Any proposed lake and stream improvement or relocation and proposed
filling, grading, lagooning and dredging within the exterior boundaries
of the plat and the notice of application for Wisconsin Department
of Natural Resources approval, when applicable.
(u)
Seasonally wet areas.
(v)
Sanitary sewer service area boundary, when applicable.
(w)
In addition to the above listed information, the preliminary
plat shall also include the necessary soil tests indicating on-site
sanitary systems, including the use of holding tanks, provided the
Town Board agrees by resolution to accept the responsibility for pumping
the tanks, including maintenance agreements with a licensed pumper
on behalf of the property owners. Such agreements shall be renewed
bi-annually through an advertised bid process. Pumping charges will
be billed to the Town, which in turn shall assess the affected property
owners. Such special assessment may include any administrative costs
incurred by the Town. For developments that utilize shared sanitary
facilities, maintenance of such shared facilities will also be the
responsibility of the Town. Any required repairs and/or maintenance
charges shall be the responsibility of the Town, who in turn shall
specially assess the affected property owners, including any administrative
costs incurred.
C.
Supplementary plans and information for certified surveys and preliminary
plats.
(1)
Street plans and profiles. The subdivider shall 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 by the Town.
All elevations, plans and profiles shall meet the approval of the
Town.
(2)
Testing. The Town may require borings and soundings be made in designated
areas to ascertain subsurface soil, rock and water conditions, including
depth to bedrock and depth to the groundwater table. Where the subdivision
will not be served by public sanitary sewer, the provisions of Chapters
COMM 85 and/or 83, Wisconsin Administrative Code, shall be complied
with and the appropriate data shall be submitted with the CSM or preliminary
plat. The Town may retain experts to review all information. The review
shall be done at the expense of the subdivider and the results shall
be submitted to the Town along with the CSM or preliminary plat.
(3)
Covenants. The Town shall require submission of a draft of protective
covenants whereby the subdivider intends to restrict land use in the
proposed division or subdivision. No changes shall be made to the
covenants without Town Board approval.
(4)
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 s/he has fully complied
with the provisions of this chapter.
(5)
Drainage, stormwater management and erosion/sedimentation plans.
Drainage, stormwater management and erosion/sedimentation control
plans shall be submitted with the preliminary plat and certified survey
map. The plans shall be designed, stamped and signed by a registered
professional engineer. The plans shall meet the standards of Chapters
NR 216 and NR 151, Wis. Adm. Code. The plans shall include a maintenance
plan developed for the life of each stormwater management practice
including required maintenance activities, schedules and responsible
entity. The plans shall include cost estimates for the construction,
operation and maintenance for each practice.
D.
Final plats.
(1)
Final plat requirements. A final plat prepared by a registered land
surveyor shall be required for all subdivisions. It shall comply with
and show correctly on its face, in addition to the information required
by § 236.20, Wisconsin Statutes, the following:
(a)
Exact street width along the line of any obliquely intersecting
street.
(b)
Setbacks or building lines.
(c)
All lands reserved for future public acquisition or reserved
for the common use of property owners within the plat. If common property
is located within the plat, then provisions for its use and maintenance
must also be provided with the plat.
(d)
Special restrictions required by any approving or objecting
agency relating to access control along public ways or to the provisions
of planting strips.
(e)
The following certificates must be on all final plats:
[1]
Surveyor's certificate;
[2]
Owner's certificate;
[3]
Persons holding an interest in the fee of record or by being
in possession;
[4]
The mortgagee of record if land is mortgaged;
[5]
County, to include Zoning Administrator and Treasurer; Town,
to include Chairperson, Clerk and Treasurer; and Village or City depending
on jurisdiction and extraterritorial limits;
[6]
Clerk's transmittal certificate, when plat is submitted
as a print under § 236.12(2), Wisconsin Statutes.
(2)
Deed restrictions. Any deed restrictions attached to the subdivision
shall be filed with or placed on the face of the final plat. Placing
the Register of Deeds recording information on the face of the plat
is acceptable.
(3)
Surveying and monumenting. All final plats shall meet all of the
surveying and monumenting requirements of § 236.15, Wisconsin
Statutes.
(4)
State plane coordinate system. Where the plat is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated, the plat shall be tied directly to two of the section
of quarter corners so relocated, monumented and coordinated. 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 relocated section or quarter corner to
which the plat is tied shall be indicated on the plat. All distances
and bearings shall be referenced to the Wisconsin Coordinate System.
All measurements shall also be based on the Shawano County remonumentation
data on file with the County Surveyor.
A.
Street design.
(1)
Dedication. The subdivider shall dedicate land and improve streets
as provided in this chapter. Streets shall be located with due regard
for topographical conditions, natural features, existing and proposed
streets, utilities, land use, and public convenience and safety. The
subdivision or certified survey map shall be designed to provide each
lot with direct access to a public street or road.
(2)
Compliance with Comprehensive Plan and Official Map. The arrangement,
character, extent, width, grade and location of all streets shall
conform to any Town Comprehensive Plan and Official Map and to this
chapter and shall be considered in their relation to existing and
planned streets, to reasonable circulation of traffic, to topographical
conditions, to runoff of stormwater, to public convenience and safety,
and in their appropriate relation to the proposed uses of the land
to be served by such streets. The arrangement of streets in new subdivisions
and certified survey maps shall make provision of the appropriate
continuation at the same width of the existing streets in adjoining
areas.
(3)
Areas not covered by Official Map or Comprehensive Plan. In areas
not covered by a Town Comprehensive Plan or Official Map, the layout
of streets shall conform to the plan for the most advantageous development
of adjoining areas. Streets shall be designed and located in relation
to existing and officially planned streets, topography and natural
terrain, streams and existing tree growth, public convenience and
safety and in their appropriate relation to the proposed use of the
land to be served by such streets. Streets shall normally be laid
out on a north-south and east-west axis to complement existing Town
roads. Culs-de-sac shall only be allowed in extraordinary circumstances
where natural features or adjacent development precludes extension.
(4)
Reserve strips. Reserve strips are prohibited on any plat to control
access to streets, except where control of such strips is placed with
the Town or County under conditions approved by the Town Board or
County.
(5)
Continuation. Streets shall be laid out to provide for possible continuation
wherever topographic and other physical conditions permit. All proposed
streets shall have a direct connection with, or be continuous and
in line with, existing, planned or platted streets with which they
are to connect. Proposed streets shall extend to the boundary lines
of the tract to be subdivided, or unless in the opinion of the Town
Board, such extension is unnecessary for the coordination of the layout
of the subdivision with existing layout or the most advantageous future
development of adjacent tracts. Cul-de-sac streets not over 600 feet
in length are only permitted when necessitated by topography or adjacent
development.
(6)
Number of intersections. The number of intersections of local streets
with major streets shall be the practical minimum consistent with
circulation needs and safety requirements, preferably not more than
two.
(7)
Frontage roads. Where a subdivision abuts or contains an existing
or proposed major thoroughfare, the Town Board may require a frontage
road, non-access reservation along the rear of the property contiguous
to such thoroughfare or such other treatment as may be necessary to
ensure safe, efficient traffic flow and adequate protection of residential
properties.
(8)
Private roads. Private roads are prohibited, except as part of a
condominium development, and the Town Board shall not permit installation
of public improvements in any private road.
(9)
Visibility. Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
(10)
Tangents. A tangent of at least 100 feet long shall be required
between reverse curves. On all roads, a tangent at least 100 feet
long shall be provided between the curve and any intersection.
(11)
Street grades.
(a)
Unless necessitated by exceptional topography subject to the
approval of the Town Board, the maximum center line grade of any street
or public way shall not exceed 10%.
(b)
Street grades shall be established wherever practicable so as
to avoid excessive grading, the excessive removal of ground cover
and trees, and general leveling of the topography.
(12)
Radii of curvature. 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
100 feet.
(13)
Half streets and streets that abut adjacent property. Where
an existing dedicated or platted half-street is adjacent to the subdivision
or CSM, the subdivider shall dedicate the other half-street. The platting
of half-streets should be avoided where possible. When a full street
is platted that abuts an adjacent property the subdivider must submit
a written agreement with the adjacent property owner, to be approved
by the Town Board and recorded with the county Register of Deeds,
documenting how future development costs will be assessed.
(14)
Intersections.
(a)
Property lines at street intersections of major thoroughfares
shall be rounded with a radius of 15 feet or greater where the Town
Engineer considers it necessary.
(b)
Streets shall intersect each other at as nearly right angles
as topography and other limiting factors of good design permit.
(c)
Number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
(15)
Street names. New street names shall not duplicate the names
of existing streets, but streets that are continuations of others
already in existence and named shall bear the names of the existing
streets. Street names shall be subject to approval by the Town and
County.
(16)
Culs-de-sac. When allowed, all 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 75 feet and a minimum inside curb radius of 60 feet.
(17)
Major thoroughfare and railroad right-of-way treatment. Whenever
the proposed CSM or subdivision contains or is adjacent to a major
thoroughfare or railroad right-of-way, the design shall provide the
following treatment:
(a)
Lots. When lots within the proposed CSM/subdivision back upon
the right-of-way of an existing or proposed limited access highway
or a railroad, a planting strip of at least 30 feet in depth shall
be provided adjacent to the highway or railroad in addition to the
normal lot depth. This strip shall be part of the platted lots but
shall have the following restriction lettered on the face of the plat:
This strip reserved for the planting of trees and shrubs; the building
of structures and vehicular access from lots abutting such road is
prohibited.
(b)
Commercial and industrial districts. Commercial and industrial
districts shall have provided, on each side of the major thoroughfare
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.
(c)
Streets parallel to a major thoroughfare. Streets parallel to
a major thoroughfare or railroad right-of-way, when intersecting a
major street or collector street, which crosses said railroad or highway
shall be 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.
(18)
Minimum right-of-way. The minimum of all proposed streets shall
be as specified in the Town of County Official Map or, if no width
is specified, the minimum right-of-way widths shall be 66 feet.
B.
Blocks.
(1)
Layout. 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.
(2)
Length. Blocks in residential areas should not, as a general rule,
be less than 1,200 feet.
(3)
Pedestrian ways. Pedestrian ways 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 Town or county to
provide adequate pedestrian circulation or access to schools, shopping
centers, churches or transportation facilities.
(4)
Width. Blocks shall have sufficient width to provide for two tiers
of lots of appropriate depth, except where otherwise required to separate
residential development from through traffic or where lots abut a
lake or stream. 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 provisions for such use.
(5)
Utility easements. All utility lines for electric power and telephone
service shall be placed on mid-block easements along rear lot lines
except where lots abut a lake or stream or where such a location is
deemed unfeasible by the utility companies involved.
C.
Lots.
(1)
Design. The size, shape and orientation of lots shall be appropriate
for the type of development and use contemplated. The lots should
be designed to provide an aesthetic and functional setting for the
building contemplated.
(2)
Lot lines. Side lot lines should be at 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.
(3)
Double and reversed frontage lots. Except for limited access or controlled
access roads, double frontage and reversed frontage lots shall be
prohibited, unless necessary to provide separation of residential
development from through traffic or to overcome specific disadvantages
of topography and orientation.
(4)
Access. Every lot shall front or abut a public street for a distance
of at least 33 feet. Direct access does not include the use of easements.
(5)
Lot area and dimensions. Area and dimensions of lots shall conform to Chapter 285, Zoning, and the Code of the Town of Wescott. In areas not served by public sewer, lot area shall conform to the requirements of the State Division of Health. Whenever a tract is divided into parcels with area in excess of the zoning requirements, such parcels should be arranged and dimensioned so as to allow redividing of any such parcels into normal lots. Lots within the shoreland jurisdiction shall conform to the area and dimension requirements of the Shawano County Floodplain, Shoreland and Wetland Ordinance.
(6)
Depth. Lots shall be designed with a suitable proportion between
width and depth. Neither long, narrow, wide, nor shallow lots are
proper. Depth shall not ordinarily exceed 2.5 times the width nor
be less than 120 feet.
(7)
Width of lots. Width of lots shall conform to the requirements of Chapter 285, Zoning, of the Code of the Town of Wescott.
(8)
Corner lots. Corner lots shall be designed with extra width to permit
adequate building setback from both streets.
D.
Drainage.
(1)
General considerations. The following considerations shall be observed
in managing surface water and stormwater runoff.
(a)
Natural topography and land cover features such as natural watercourses,
natural swales, natural depressions, native soil infiltrating capacity
and natural groundwater recharge areas shall be preserved and used,
to the maximum extent possible.
(b)
Emergency overland flow for all stormwater facilities shall
be provided to prevent exceeding safe capacity of downstream drainage
facilities and to prevent endangerment of downstream property or public
safety.
(c)
Drainageways shall conform to the Town Official Map for waterways.
(d)
The design of stormwater facilities shall implement the Wisconsin
best management practices and shall address water quality as well
as water quantity.
(2)
Drainage parameters. Storm drainage facilities shall be designed
to permit the unimpeded flow of natural watercourses, to insure the
drainage of all points along the line of streets and to provide positive
drainage away from on-site sewage disposal facilities. In designing
storm drainage facilities, special consideration shall be given to
protect against shoreland erosion, siltation of surface waters and
excess water runoff on adjacent property. The Town may require that
easements or drainageways of width sufficient to accommodate anticipated
stormwater runoff be provided. All stormwater facilities shall be
constructed in accordance with plans and standard specifications approved
by the Town.
(3)
Discharge. Surface water runoff after development shall not exceed
the peak rate of flow at pre-development conditions. The twenty-five-year
frequency storm shall be the basis to determine both pre-construction
and post-construction surface water runoff. Pre-development condition
shall be a meadow condition or a more restrictive class if one exists.
The following table of runoff numbers shall be used when calculating
the runoff for the pre-development condition:
|
Maximum Pre-Settlement (Meadow) Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
|
|
Runoff Curve Number
|
32
|
58
|
72
|
79
|
|
NOTE: Source: "Urban Hydrology for Small Watersheds" USDA Technical
Release 55; June 1986.
|
(4)
Surface water and stormwater drainage facility protections. The surface
water and stormwater drainage facility protections required by this
section shall be expressly noted on the face of the plat or certified
survey map with the purpose, location and dimensions clearly shown
on the plat or certified survey map. The protections shall expressly
grant to the Town the right to enforce the protections. The Town may,
in its discretion, also require such protections and the right of
Town enforcement to be separately set forth in an easement/restrictive
covenant recorded with the Shawano County Register of Deeds office.
(a)
Drainageways. Where topography or other conditions are such
as to make impractical the inclusion of drainage facilities within
a street or road right-of-way, the drainageway shall be protected
by a perpetual unobstructed easement not less than 20 feet in width
with satisfactory access to a public right-of-way. Drainageway easements
shall be protected by the following express provisions:
[1]
Drainage easement restrictions. The following uses and structures
are prohibited within all drainage easements in the subdivision plat:
filling, grading and excavating except for construction of drainageways
and drainage facilities; the cultivation of crops, fruits or vegetables;
the dumping or depositing of ashes, waste, compost or materials of
any kind; the storage of vehicles, equipment, materials or personal
property of any kind; and constructing, erecting or moving any building
or structure, including fences, within the drainage easement.
[2]
Maintenance of drainage improvements. Maintenance of drainageways
and associated drainage improvements shall be the responsibility of
the property owners of the land division. Shawano County and the Town
retain the right to perform maintenance or repairs. The cost of the
maintenance and repairs shall be equally charged/assessed among the
property owners of the land division. The purchase of any lot constitutes
a waiver of objection and agreement to pay any such charge/assessment
which shall be placed on the tax bill.
[3]
Drainage maintenance easement. Shawano County and the Town shall
have an unqualified right to enter upon any drainage easement for
inspection and, if necessary, maintenance and repair of the drainageways
and associated drainage improvements.
(b)
Drainage detention/retention facilities. All drainage detention, drainage retention or drainage basin facilities shall be protected by a perpetual unobstructed easement with satisfactory access to a public right-of-way. Drainage detention, retention or basin facilities shall be subject to the same protection provisions as drainageways in Subsection D(4)(a).
(c)
Outlots for drainage facilities. The Town may, when it deems
it necessary for the health, safety or welfare of the present and
future population of the area and necessary for the preservation of
drainage facilities, require that any drainageway or drainage detention
facility, in whole or part, be made part of an outlot for subsequent
conveyance to a homeowners' association subject to the protections
and restrictions set forth in this section.
(5)
Dedication of drainage facilities. The Town may, when it deems it
necessary for the health, safety and welfare of the present and future
population of the area; necessary for the future development of the
watershed; and necessary for the preservation of drainage facilities,
require that any drainageway or drainage detention facility be dedicated
to the Town.
(6)
Off-site drainage. Whenever a proposed drainage system will require
the conveyance of surface water across private property outside of
the subdivision or land division, the Town may require that appropriate
drainage rights be secured and indicated on the plat or certified
survey map.
A.
Streets, drainage facilities and other public ways. Whenever a tract
of land to be divided or subdivided embraces all or any part of a
street, drainageway, drainage facility of other public way which has
been designated in an adopted Town plan or Town Official Map, such
street, drainageway, drainage facility of other public way shall be
made part of the plat and either dedicated to the Town or reserved
by the land divider in the locations and dimensions indicated, on
such plan or map.
B.
Parks, playgrounds and public access. Whenever a proposed park, playground,
public access, open space site or other public land other than streets
designated in adopted regional, county, and local Comprehensive Plans
or adopted plan components is embraced, all or in part, in a tract
of land to be divided, such proposed public lands shall be made a
part of the land division and shall either be dedicated to the public
or be reserved for acquisition at undeveloped land costs for a period
not to exceed three years from the date of recording, unless extended
by mutual agreement between the subdivider and the public agency having
jurisdiction. If the reserved land is not acquired by such public
agency within the above time limit, the land shall be released to
the owner.
C.
Public access to navigable waters. All public access to the low watermark
of navigable lakes and streams required by § 236.16(3),
Wisconsin Statutes, shall be at least 100 feet wide to provide sufficient
areas for turning movements and parking.
A.
Streets. The subdivider shall be responsible for the construction
of all public streets according to Town approved street plans and
profiles. Streets shall be constructed according to Town specifications.
The subdivider shall pay all costs of street construction. The Town
may inspect any facet of street construction prior to acceptance.
The Town may deny the issuance of any building permit for any lot
which abuts a public street which has not been accepted by the Town.
B.
Drainage improvements. The subdivider shall be responsible for the
construction of all drainage improvements according to Town approved
drainage and stormwater management plans. The subdivider shall pay
all costs of drainage improvements. The Town may inspect any facet
of drainage and stormwater improvement construction. The Town may
deny the issuance of a building permit for any lot affected by a drainage
improvement that is not completed or not completed according to approved
plans.
C.
Grading. The subdivider shall be responsible for the grading of all
streets and lots according to Town approved drainage and street plans.
The subdivider shall pay all grading costs. The Town may inspect any
facet of grading. The Town may deny the issuance of a building permit
for any lot or lot abutting a street which is not graded according
to approved plans.
D.
Erosion control during construction. To minimize erosion during construction,
the subdivider shall cause all gradings, excavations, open cuts, side
slopes and other land surface disturbances to be mulched, seeded,
sodded or otherwise protected so that erosion, siltation, sedimentation
and washing are prevented.
E.
Street signs. The subdivider shall be responsible for the installation
of street signs with street names, of a design approved by the Town,
at the intersections of all dedicated public streets. The subdivider
shall pay all costs of street signs.
F.
Utilities. The subdivider shall be responsible for the provision
of electric power, telephone, cable facilities and gas, if available.
The Town, in its discretion, may require that such utilities be underground.
The subdivider shall pay for the cost of providing all utilities.
A.
Public improvement agreement. Unless authorized by the Town Board,
as a condition of final plat approval, the land divider/subdivider
shall substantially complete construction of all required public improvements
prior to final CSM or final plat approval. As an alternative, the
land divider/subdivider may request the Town Board to authorize final
approval prior to substantially completing construction of all required
public improvements. Authorization requires that the land divider/subdivider
enter into a public improvement Development Agreement with the Town.
The Development Agreement shall include, but is not limited to, the
following requirements: substantial completion of all required improvements
within two years of final approval, an itemized estimate of improvement
costs; compliance with all applicable state and county regulatory
requirements; a guarantee against defects due to faulty materials
on workmanship which appear within two years; and a financial guarantee
for the benefit of the Town to ensure the improvements are timely
completed.
B.
Financial guarantee. The form of the financial guarantee shall be
as follows:
(1)
Cash escrow. The land divider/subdivider shall establish, prior to
final approval, a cash escrow account for the benefit of the Town
and in the name of the Town in an amount not less than 100% of the
estimated costs. The escrow instructions shall provide: 1) that the
land divider/subdivider shall have no right to a return of any the
funds except as authorized by the Town upon the completion of the
improvements; and 2) that the escrow agent shall have a legal duty
to deliver the escrowed funds to the Town upon receipt of written
notice from the Town signed by the Town Board Chair and attested to
by the Town Clerk, whether or not the land divider/subdivider protests
delivery of the funds. The escrow agent shall be acceptable to the
Town.
(2)
Letter of credit. The land divider/subdivider may, in lieu of establishing
a cash escrow account prior to final approval, provide a letter of
credit for the benefit of the Town and in the name of the Town in
an amount not less than 100% of the estimated costs. The letter of
credit shall be: 1) irrevocable; 2) for a term sufficient to cover
completion of the improvements; and 3) require only that the Town
present the credit with a sight draft and written notice signed by
the Town Chair and attested to by the Town Clerk of the Town's
right to draw funds under the credit. The issuer of the letter of
credit shall be acceptable to the Town.
A.
Appeals. Any person aggrieved by an objection, condition or a failure
to approve may appeal therefrom to the Town of Wescott Board of Appeals,
as provided in §§ 236.13(5) and 62.23(7)(e)(10), Ch.
14 and Ch. 15 of the Wisconsin Statutes, within 30 days of the action.
B.
Variances. In any particular case where the land divider/subdivider
can show that, because of exceptional topography or other physical
condition, strict compliance with any requirement of this chapter
would cause practical difficulty or exceptional and undue hardship,
the Town Board of Appeals may waive or modify such requirement, provided
such relief may be granted without detriment to the public good and
without impairing the intent and purpose of this chapter or the desirable
general development of the Town. A majority vote of the Town Board
of Appeals shall be required to grant any modification to these regulations
and any modification thus granted shall be entered in the minutes
of the Board of Appeals, setting forth the reasons, which in the opinion
of the Town Board, justified the modification. No variance shall be
granted by the Board of Appeals which is contrary to provisions of
the Wisconsin Administrative Code or the Wisconsin Statutes.
C.
Violations. It shall be unlawful to build upon, divide, convey, record
or monument any land in violation of this chapter or the Wisconsin
Statutes and no person shall be issued a building permit by the Town
authorizing the building on, or improvement of, any subdivision, land
division, replat or condominium development within the jurisdiction
of this chapter until the provisions and requirements of this chapter
have been fully met. The Town may institute appropriate action or
proceeding to enjoin violations of this chapter of the applicable
Wisconsin Statutes.
D.
Penalties.
(1)
Any person who violates this chapter shall, upon conviction, be subject
to the forfeiture amount in the Fine and Forfeiture Schedule of the
Town of Wescott that shall be as set from time to time by resolution.
Each day a violation exists or continues shall constitute a separate
offense.
(2)
Improper recordation has penalties provided in § 236.30,
Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties provided in
§ 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed has penalties provided in § 236.31,
Wis. Stats.
E.
Repeal of previous ordinances. This chapter supersedes all conflicting
and contradictory land division regulations previously enacted by
the Town of Wescott, which included and is not limited to: Ord. Nos.
2006-06, 2000-11, 2000-9, 2000-8.
F.
Fees.
(1)
The land divider and subdivider shall pay a review fee in an amount
set from time to time by Town Board resolution. The land divider and
subdivider shall pay the requisite fee at the time of submittal.
(2)
The land divider and subdivider shall pay a fee equal to the actual
cost of the Town for all engineering and inspection costs incurred
by the Town in connection with the planning and construction of any
required public improvement.
