[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
Introduction. In accordance with the authority granted by § 236.45,
Wis. Stats., and for the purposes listed in §§ 236.01
and 236.45, Wis. Stats., the Village Board of the Village of Bear
Creek does hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the Village.
(2)
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote the public health,
safety, convenience, and general welfare. The regulations are designed
to lessen congestion in the streets; to foster the orderly layout
and use of land; to ensure safety from fire, flooding, panic and other
dangers; to provide optimum light and air; to discourage overcrowding
of the land; to lessen concentration of population; to facilitate
adequate provision of transportation, public water and sewerage, schools,
parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
The regulations are made with reasonable consideration of, but not
limited to, the present character of the Village and its environs,
with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry, and providing for the
most appropriate use of land in the Village.
The following definitions shall be applicable in this chapter.
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
The extensively developed plan, also called a "Master Plan,"
adopted by the Village Board pursuant to § 62.23, Wis. Stats.,
including proposals for future land use, transportation, urban redevelopment
and public facilities. Devices for the implementation of these plans,
such as zoning, official map, land division, and building line ordinances
and capital improvement programs, shall also be considered a part
of the Comprehensive Plan.
The committee created by the County Board of Supervisors
pursuant to § 59.69, Wis. Stats., and authorized to plan
land use within the county.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions changes the title from a joint
tenancy to a tenancy in common or from tenancy in common to joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege, or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip, or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot
excluding streets, easements and land under navigable bodies of water.
The peripheral boundaries of a lot as defined herein.
The width of a parcel of land measured along the front building
line.
A lot abutting intersecting streets at their intersection.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways, and other highways and parkways, as well as arterial
streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
A street used, or intended to be used, primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map, drawing or chart on which the subdivider's plan
of subdivision is presented to the Village Board for approval.
The process of changing, or a 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.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds, and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel, or tract of land by
the owner thereof, or his agent, for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites or where the act of division creates
five or more parcels or building sites by successive division within
a period of five years, whether done by the original owner or a successor
owner.
Those lands which are partially or wholly covered by marshland
flora and generally covered with shallow standing water, or lands
which are wet and spongy due to high-water table.
The rules of administrative agencies having rulemaking authority
in Wisconsin, published in a looseleaf, continual revision system
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
A.
Compliance. No person shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, land division,
or a replat as defined herein; no such subdivision, land division
or replat shall be entitled to record; and no street shall be laid
out or improvements made to land 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 floodplain management program.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county, or municipal agencies duly adopted by the Village
Board.
(6)
All applicable local and county regulations, including zoning, sanitary,
building, and official mapping ordinances.
B.
Jurisdiction. Jurisdiction of these regulations shall include all
lands within the corporate limits of the Village as well as the unincorporated
area within 1 1/2 miles of the corporate limits as provided in
§§ 236.10 and 62.23, Wis. Stats. The provisions of
this chapter, as they apply to divisions of tracts of land into less
than five parcels, shall not apply to:
(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)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
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.
Permits. No building permit shall be issued by the Village authorizing
the building on 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 met.
A.
Preliminary meetings. Before filing a preliminary plat or certified
survey, the subdivider is encouraged to consult with the Village Board
and/or its consulting staff for advice regarding general subdivision
requirements. A sketch of the proposed subdivision drawn on a topographic
survey map should be submitted. The subdivider shall also submit a
location map showing the relationship of the proposed subdivision
to traffic arteries and existing community facilities. This consultation
is neither formal nor mandatory, but is intended to inform the subdivider
of the purpose and objectives of these regulations, the Comprehensive
Plan, Comprehensive Plan components, and duly adopted plan implementation
devices of the Village and to otherwise assist the subdivider in planning
his development. In so doing, both the subdivider and Village Board
may reach mutual conclusions regarding the general program and objectives
of the proposed development and its possible effects on the neighborhood
and community. The subdivider will gain a better understanding of
the subsequent required procedures.
B.
Preliminary plat review within the Village.
(1)
Before submitting a final plat for approval, the subdivider shall
prepare a preliminary plat and a letter of application. The preliminary
plat shall be prepared in accordance with this chapter, and the subdivider
shall file an adequate number of copies of the plat and the application
with the Village Clerk-Treasurer at least 10 days prior to the meeting
of the Village Board at which action is desired. The Village Clerk-Treasurer
shall submit a copy of the preliminary plat to the Village Board,
and, at his option, to the Village-appointed engineer and/or land
planning consultant for review and written report of his recommendations
and reactions to the proposed plat.
(2)
The Village Clerk-Treasurer shall, within two days after filing,
transmit four copies to the County Planning Agency; two copies to
the Wisconsin Department of Administration; additional copies to the
Department of Administration for retransmission of two copies each
to the Wisconsin Department of Transportation if the subdivision abuts
or adjoins a state trunk highway or a connecting street and the Wisconsin
Department of Safety and Professional Services if the subdivision
is not served by a public sewer and provision for such service has
not been made; and an adequate number of copies to the Village Board.
The County Planning Agency, the Wisconsin Department of Administration,
the Wisconsin Department of Transportation and the Wisconsin Department
of Safety and Professional Services shall be hereinafter referred
to as "objecting agencies."
C.
Preliminary plat approval within the Village.
(1)
After review of the preliminary plat or survey map and negotiations
with the subdivider on changes being advisable and the kind and extent
of public improvements which will be required, the Village Board shall,
within 90 days of the date the plat was filed with the Village Clerk-Treasurer,
approve conditionally or reject such plat and shall state, in writing,
any conditions of approval of reasons for rejection, unless the time
is extended by agreement by the subdivider. Failure of the Village
Board to act within 90 days or extension thereof shall constitute
an approval of the preliminary plat, unless other authorized agencies
object to the plat. The Village Clerk-Treasurer shall communicate
to the subdivider the action of the Village Board. If the plat or
map is approved, the Village Clerk-Treasurer shall endorse it for
the Village Board. If the Village Board rejects the plat or map, it
shall be returned to the owner.
(2)
Approval or conditional approval of a preliminary plat shall not
constitute automatic approval of the final plat, except that if the
final plat is submitted within 36 months of preliminary plat approval
and conforms substantially to the preliminary plat layout as indicated
in § 236.11(1)(b), Wis. Stats., the final plat shall be
entitled to approval with respect to such layout. The preliminary
plat shall be deemed an expression of approval or conditional approval
of the layout submitted as a guide to the preparation of the final
plat, which will be subject to further consideration by the Village
Board at the time of its submission.
D.
Final plat review within the Village.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file an adequate number
of copies of the plat and the application with the Village Clerk-Treasurer
at least 10 days prior to the meeting of the Village Board at which
action is desired.
(2)
The Village Clerk-Treasurer shall, within two days after filing,
transmit four copies to the County Planning Agency; two copies to
the Wisconsin Department of Administration; additional copies to the
Department of Administration for retransmission of two copies each
to the Wisconsin Department of Transportation if the subdivision abuts
or adjoins a state trunk highway or a connecting street and the Wisconsin
Department of Safety and Professional Services if the subdivision
is not served by a public sewer and provision for service has not
been made; and the original final plat and adequate copies to the
Village Board. The County Planning Agency, the Wisconsin Department
of Administration, the Wisconsin Department of Transportation, and
the Wisconsin Department of Safety and Professional Services shall
be hereinafter referred to as "objecting agencies."
(3)
The Village Board shall examine the final plat as to its conformance
with the approved preliminary plat, any conditions of approval of
the preliminary plat, this chapter and all ordinances, rules, regulations,
the Comprehensive Plan and Comprehensive Plan components which may
affect it.
E.
Partial platting. The final plat may, if permitted by the Village
Board, constitute only that portion of the approved preliminary plat
which the subdivider proposes to record at the time.
F.
Final plat approval within the Village.
(1)
The objecting agencies shall, within 20 days of the date of receiving
their copies of the final plat, or 30 days in the case of the Department
of Administration, notify the subdivider and all other approving and
objecting agencies of any objections. If there are no objections,
they shall so certify on the face of the copy of the plat and shall
return that copy to the Village Board. If an objecting agency fails
to act within 20 days, or the Department of Administration fails to
act within 30 days, it shall be deemed to have no objection to the
plat.
(2)
If the final plat is not submitted within 36 months of the last required
approval of the preliminary plat, the Village Board may refuse to
approve the final plat.
(3)
The Village Board shall, when it determines to approve a plat, give
at least 10 days' prior written notice of its intention to the clerk
of any municipality within 1,000 feet of the plat.
(4)
The Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk-Treasurer, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider. The Village Board may not inscribe its approval on the final plat unless the Village Clerk-Treasurer certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, the date thereof, and that no objections have been filed within the time frame prescribed in Subsection F(1) or, if filed, have been met.
(5)
Failure of the Village Board to act within 60 days, the time having
not been extended and no unsatisfied objections having been filed,
the plat shall be deemed approved.
(6)
Recordation. After the final plat has been approved by the Village
Board and required improvements either installed or a contract and
sureties insuring their installation is filed, the Village Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat returned to the subdivider
for recording with the County Register of Deeds. The Register of Deeds
cannot record the plat unless it is offered within 12 months after
the date of the last approval of the plat and within 36 months after
the first approval.
(7)
Copies. The subdivider shall file 10 copies of the final plat with
the Village Clerk-Treasurer for distribution to the approving agencies
and other affected agencies for their files.
G.
Plats within the extraterritorial plat approval jurisdiction. When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the Village, the subdivider shall proceed as specified in Subsections A through F, except:
(1)
Transmittal responsibility lies with the Village Clerk-Treasurer,
Town Clerk or County Planning Agency, to whomever the plat is first
submitted, and the subdivider shall indicate which one in his application.
(2)
Approval agencies include the Village Board, Town Board and the County
Planning Agency, and the subdivider must comply with the land division
ordinances of these agencies.
(3)
The subdivider may proceed with the installation of such improvements
and under such regulations as the Town Board of the town within whose
limits the plat lies may require. Wherever connection to any Village
utility is desired, permission for such connection shall be approved
by the Village Board.
(4)
All improvement requirements specified by the Town Board or any special
improvement district in matters over which it has jurisdiction shall
be met before filing of the final plat.
A.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in § 382-4A through G.
B.
The Village Clerk-Treasurer shall schedule a public hearing before
the Village Board when a preliminary plat of a replat of lands within
the Village is filed, and shall cause notices of the proposed replat
and public hearing to be mailed to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 200 feet of the exterior boundaries
of the proposed replat.
A.
Certified survey required. When it is proposed to divide land into
not more than four parcels or building sites, the subdivider may subdivide
by use of a certified survey map.
B.
Letter of intent. The subdivider shall submit to the Village Clerk-Treasurer
a letter of intent. The letter of intent shall specify:
(1)
The name and address of the owner of the property under consideration.
(2)
The name and address of the subdivider.
(3)
The name and address of the surveyor who will be doing the work.
(4)
The names and addresses of all prospective buyers.
(5)
The location and size of the property.
(6)
The present use of the land.
(7)
The intended future use of the land.
(8)
The estimated timetable of development.
C.
Sketch map. Accompanying the letter of intent, for areas outside
the floodplain, the subdivider shall submit a sketch map at a scale
of one inch equals 200 feet or other appropriate scale. More than
one sketch map may be used to show the required information, but they
shall be of the same scale and no one map shall be larger than 8 1/2
inches by 11 inches. Each submission shall include all contiguously
owned land, except the sketch need not show more than 20 times the
area of the intended certified survey. This sketch map shall show
the following information:
(1)
North arrow, date, and scale.
(2)
Reference to a section corner.
(3)
Approximate dimensions of the parcels and easements.
(4)
The location of existing buildings, water wells, sewerage systems,
watercourses, drainage ditches and other features pertinent to proper
division.
(5)
Setback or building lines required by any approving agency.
(6)
The uses of the land adjacent to the property and existing roads,
easements of record, public access to navigable waters, dedicated
areas and utilities.
D.
Floodplain areas. The Village Board may require that two-foot contour
maps, prepared by a professional land surveyor or registered engineer,
be the basis of the sketch in floodplain areas. In addition, the information
required above will also be required.
E.
Proposed layout. The Village Board may require a proposed subdivision
layout of all or part of the contiguously owned land even though division
is not planned at the time.
F.
Additional information. The Village Board may require contour maps
and individual lot percolation tests and soil borings prior to tentative
approval where limiting conditions are suspected.
G.
Tentative approval. The Village Board may grant tentative approval
based on the letter of intent and sketch map pending submission of
the certified survey map. Tentative approval shall assure final approval
if the certified survey submitted within six months is substantially
the same plan and all requirements for division are met.
H.
Certified survey. The subdivider shall cause a certified survey map to be prepared in accordance with § 382-9 of this chapter and submit 10 copies along with the individual lot percolation tests and soil borings (for lots not served by public sewer) to the Village Clerk-Treasurer. The map shall be reviewed by the Village Board for conformance with this chapter and all ordinances, rules, and regulations, the Comprehensive Plan, and Comprehensive Plan components which affect it. The Village Board shall approve, approve conditionally, or reject such map within 90 days from the date of filing of the map, unless the time is extended by agreement with the subdivider. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider. If the map is approved, the Village Board shall cause the Village Clerk-Treasurer to so certify on the face of a copy of the map and return it to the submitter.
I.
Recordation. The subdivider shall record the map with the County
Register of Deeds within 12 months of the date of the last approval
of the map and within 36 months of the first approval of the map.
A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a professional land surveyor and
the plat prepared on tracing cloth or paper of good quality at a scale
of not more than 100 feet to the inch and shall show correctly on
its face the following information:
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of proposed subdivision by government lot, quarter section,
township, range, county and state.
(3)
Date, scale and North point.
(4)
Names and addresses of the owner, subdivider and land surveyor preparing
the plat.
(5)
Entire area contiguous to the proposed plat owned or controlled by
the subdivider shall be included on the preliminary plat, even though
only a portion of said area is proposed for immediate development.
The Village Board may waive this requirement where it is unnecessary
to fulfill the purposes and intent of this chapter and undue hardship
would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the United States
Public Land Survey and the total acreage encompassed thereby.
(2)
Locations of all existing property boundary lines, structures, drives,
streams and watercourses, marshes, rock outcrops, wooded areas, railroad
tracks and other significant features within the tract being subdivided
or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing streets, alleys
or other public ways, easements, railroad and utility rights-of-way
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(4)
Location and names of any adjacent subdivisions, parks and cemeteries,
and owners of record of abutting unplatted lands.
(5)
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.
(6)
Location, size and invert elevation of any existing sanitary or storm
sewers, culverts, and drainpipes, the location of manholes, catch
basins, hydrants, electric and communication facilities, whether overhead
or underground, and the location and size of any existing water and
gas mains within the exterior boundaries of the plat or immediately
adjacent thereto. If no sewers or water mains are located on or immediately
adjacent to the tract, the nearest such sewers or water mains which
might be extended to serve the tract shall be indicated by the direction
and distance from the tract, size and invert elevations.
(7)
Corporate limit lines within the exterior boundaries of the plat
or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior boundaries of the plat and extending
to the center line of adjacent public streets to national map accuracy
standards based upon mean sea level datum at vertical intervals of
not more than two feet. At least two permanent bench marks shall be
located in the immediate vicinity of the plat; the location of the
bench marks shall be indicated on the plat, together with their elevations
referenced to mean sea level datum and the monumentation of the bench
marks clearly and completely described. Where, in the judgment of
the Village Board, undue hardship would result because of the remoteness
of the parcel from a mean sea level reference elevation, another datum
may be used.
(10)
High-water elevation of all ponds, streams, lakes, flowages,
and wetlands within the exterior boundaries of the plat or located
within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes, flowages, and
wetlands within the exterior boundaries of the plat or located within
100 feet therefrom, at the date of the survey.
(12)
Floodland and shoreland boundaries and the contour line lying
a vertical distance of two feet above the elevation of the 100-year-recurrence-interval
flood or, where such data is not available, two feet above the elevation
of the maximum flood of record within the exterior boundaries of the
plat or within 100 feet therefrom.
(13)
Soil types and their boundaries, as shown on the operational
soil survey maps prepared by the United States Natural Resources Conservation
Service.
(14)
Location and results of soil boring tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, and delineation of areas with three-foot and six-foot groundwater
and bedrock levels where the subdivision will not be served by public
sanitary sewer service.
(15)
Location and results of percolation tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, where the subdivision will not be served by public sanitary
sewer service.
(16)
Location, width and names of all proposed streets and public
rights-of-way such as alleys and easements.
(17)
Approximate dimensions of all lots together with proposed lot
and block numbers.
(18)
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, drainageways, or other public
use or which are to be used for group housing, shopping centers, church
sites, or other nonpublic uses not requiring lotting.
(19)
Approximate radii of all curves.
(20)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
(21)
Any proposed lake and stream improvement or relocation, and
notice of application for approval by the Department of Natural Resources,
when applicable.
(22)
Where the Village Board finds that it requires additional information
relative to a particular problem presented by a proposed development
in order to review the preliminary plat, it shall have the authority
to request, in writing, such information from the subdivider.
C.
Soil and water conservation.
(1)
Erosion control. The Village Board, upon determining from a review
of the preliminary plat that the soil, slope, vegetation, and drainage
characteristics of the site are such as to require substantial cutting,
clearing, grading, and other earthmoving operations in the development
of the subdivision or otherwise entail a severe erosion hazard, may
require the subdivider to provide soil erosion and sedimentation control
plans and specifications.
(2)
Tree cutting. Tree cutting and shrubbery clearing shall not exceed
30% of the lot or tract and shall be so conducted as to prevent erosion
and sedimentation; preserve the improved scenic qualities; and, during
foliation, substantially screen any development from stream or lake
users.
(3)
Paths and trails. Paths and trails shall not exceed 10 feet in width
and shall be so designed and constructed as to result in the least
removal and disruption of trees and shrubs and the minimum impairment
of natural beauty.
(4)
Earth movements. Earth movements, such as grading, topsoil removal,
mineral extraction, stream-course changing, road cutting, waterway
construction or enlargement, removal of streambed or lake bed materials,
excavation, channel clearing, ditching, drain tile laying, dredging,
and lagooning, shall be so conducted as to prevent erosion and sedimentation
and to least disturb the natural fauna, flora, watercourse, water
regimen and topography.
(5)
Review. Review of such cutting, clearing and movement may be requested
of the County Soil and Water Conservation District Supervisors, the
State Area Fish and Game Managers, and the State Area Forester by
the Village Board as it deems appropriate.
D.
Street plans and profiles. The Village Board may require that the
subdivider provide street plans and profiles showing existing ground
surface and proposed and established street grades, including extensions
for a reasonable distance beyond the limits of the proposed subdivision,
when requested. All elevations shall be based upon the same datum
as above and plans and profiles shall meet the approval of the Village.
E.
Covenants. The Village Board may require submission of a draft of
protective covenants whereby the subdivider intends to regulate land
use in the proposed subdivision and otherwise protect the proposed
development.
F.
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he has fully complied
with the provisions of this chapter.
A.
General. A final plat prepared by a professional land surveyor shall
be required for all subdivisions. It shall comply in all respects
with the requirements of § 236.20, Wis. Stats.
B.
Additional information. The plat shall show correctly on its face,
in addition to the information required by § 236.20, Wis.
Stats., the following:
(1)
Exact street width along the line of any obliquely intersecting street.
(2)
Floodland and shoreland boundaries and the contour line lying a vertical
distance of two feet above the elevation of the 100-year-recurrence-interval
flood or, where such data is not available, a vertical distance of
two feet above the elevation of the maximum flood of record.
(3)
Location of individual lot soil boring and percolation tests as required
by Ch. SPS 385, Wis. Adm. Code, for all lots not served by public
sewer. The results of the tests shall be submitted with the plat.
(4)
Railroad rights-of-way within and abutting the plat.
(5)
Setbacks or building lines required by any approving or reviewing
agency.
(6)
All lands reserved for future public acquisition or reserved for
the common use of property owners within the plat. If property reserved
for common use is located within the subdivision, provisions and plans
for its use and maintenance shall be submitted with the plat.
(7)
Special restrictions required by the Village Board and other approving
or objecting agency relating to access control along public ways,
the provision of planting strips, or shorelands or floodlands.
(8)
Where the Village Board finds that it requires additional information
relative to a particular problem presented by a proposed development
to review the final plat, it shall have the authority to request,
in writing, such information from the subdivider.
C.
Deed restrictions. The Village Board may require the deed restrictions
be filed with the final plat.
D.
Survey accuracy. A qualified person shall examine all final plats
within the Village's jurisdiction and make field checks for the accuracy
and closure of the survey, proper kind and location of monuments and
legibility and completeness of the drawing.
E.
Surveying and monumenting. All final plats shall meet all the surveying
and monumenting requirements of § 236.15, Wis. Stats.
F.
State Plane Coordinate System. Where the plat is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated by the Village, the plat shall be tied directly to
one of the section or 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, South Zone, and adjusted to the Village's control
survey.
G.
Certificates. All final plats shall provide all the certificates
required by § 236.21, Wis. Stats., and, in addition, the
surveyor shall certify that he has fully complied with all the provisions
of this chapter.
A.
General. A certified survey map prepared by a professional land surveyor shall be required for all minor subdivisions. It shall comply in all respects with the requirements of § 236.34, Wis. Stats. The minor subdivision shall be excepted from the improvements requirements set forth in § 382-17 of this chapter but shall comply with the design standards set forth in §§ 382-10 through 382-15 of this chapter.
B.
Additional information. The map shall show correctly on its face,
in addition to the information required by § 236.34, Wis.
Stats., the following:
(1)
Date of map.
(2)
Graphic scale.
(3)
Name and address of the owner, subdivider and surveyor.
(4)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper division.
(5)
Names of adjoining streets, highways, parkways, cemeteries, subdivisions,
ponds, streams, lakes, flowages, and wetlands.
(6)
Acreage included in each parcel.
(7)
Floodland and shoreland boundaries and the contour line lying a vertical
distance of two feet above the elevation of the 100-year-recurrence-interval
flood or, where such data is not available, a vertical distance of
two feet above the elevation of the maximum flood of record.
(8)
Location of individual lot soil boring and percolation tests, as
required by Ch. SPS 385, Wis. Adm. Code, for all lots not served by
public sewer. The results of the tests shall be submitted with the
map.
(9)
Setbacks or building lines required by any approving or reviewing
agency.
(10)
All lands reserved for future public acquisition.
(11)
Where the Village Board finds that it requires additional information
relative to a particular problem presented by a proposed development
to review the certified survey map, it shall have the authority to
request, in writing, such information from the subdivider as information
on shoreline and bottom characteristics.
C.
State Plane Coordinate System. Where the map is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated by the Village, the map shall be tied directly to
one of the section or 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 map is tied shall be indicated on the
map. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Village's control
survey.
D.
Certificates. The surveyor shall certify on the face of the map that
he has fully complied with all the provisions of this chapter. The
Village Board, after a recommendation by the reviewing agencies, shall
certify its approval on the face of the map.
E.
Recordation. The certified survey map shall only be recorded with
the County Register of Deeds after the certificates of the Village
Board and the surveyor are placed on the face of the map.
A.
Compliance with statutes. In laying out a subdivision, the owner
shall conform to the provisions of Ch. 236, Wis. Stats., and all applicable
sections of this chapter. In all cases where the requirements of this
chapter are different from the requirements of Ch. 236, Wis. Stats.,
the more restrictive provision shall apply.
B.
Dedication. The subdivider shall dedicate land and improve streets
as provided herein. Streets shall be located with due regard for topographical
conditions, natural features, existing and proposed streets, utilities
and land uses and public convenience and safety. Streets shall conform
to the Official Map of the Village.
C.
Sufficient frontage. All lots shall have sufficient frontage on a
public street to allow access by emergency and service motor vehicles.
D.
Compliance with Official Map. Layout of streets shall conform to
the Official Map.
E.
Areas not covered by Official Map. In areas not covered by the Official
Map, the layout of streets shall conform to the plan for the most
advantageous development of adjoining areas of the neighborhood. Streets
shall be designed and located in relation to existing and officially
planned streets, topography and natural terrain, streams and lakes,
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.
F.
Street classifications. Streets shall be classified as indicated
below.
(1)
Collector streets. Collector streets shall be arranged so as to provide
ready collection of traffic from residential areas and conveyance
of this traffic to the major street and highway system and shall be
properly related to special traffic generators such as schools, churches
and shopping centers and other concentrations of population and to
the major streets into which they feed.
(2)
Minor streets. Minor streets shall be arranged to conform to the
topography, to discourage use by through traffic, to permit the design
of efficient storm and sanitary sewerage systems, and to require the
minimum street area necessary to provide safe and convenient access
to abutting property.
(3)
Proposed streets. Proposed streets shall extend to the boundary lines
of the tract being subdivided unless prevented by topography or other
physical conditions or unless, in the opinion of the Village Board,
such extension is not necessary or desirable for the coordination
of the layout of the subdivision or land division or for the advantageous
development of the adjacent tracts.
(4)
Reserve strips. Reserve strips shall not be provided on any plat
to control access to streets or alleys, except where control of such
strips is placed with the Village under conditions approved by the
Village Board.
(5)
Alleys. Alleys shall be provided in commercial and industrial districts
for off-street loading and service access, but shall not be approved
in residential districts. Dead-end alleys shall not be approved, and
alleys shall not connect to a major thoroughfare.
(6)
Arterial streets. Arterial streets shall be arranged so as to provide
ready access to centers of employment, centers of governmental activity,
community shopping areas, community recreation, and points beyond
the boundaries of the community. They shall also be properly integrated
with and related to the existing and proposed system of major streets
and highways and shall be, insofar as practicable, continuous and
in alignment with existing or planned streets with which they are
to connect.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village must also comply with the minimum
town road standards of § 82.50, Wis. Stats.
H.
Continuation. Streets shall be laid out to provide for possible continuation
wherever topographic and other physical conditions permit. Provision
shall be made so that 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 be
extended to the boundary lines of the tract to be subdivided, unless
prevented by topography or other physical conditions, or unless, in
the opinion of the Village Board, such extension is not necessary
or desirable for the coordination of the layout of the subdivision
with existing layout or the most advantageous future development of
adjacent tracts. Dead-end streets not over 500 feet in length will
be approved when necessitated by the topography.
I.
Minor streets. Minor streets shall be so laid out so as to discourage
their use by through traffic.
J.
Number of intersections. The number of intersections of minor streets
with major streets shall be reduced to the practical minimum consistent
with circulation needs and safety requirements.
K.
Frontage roads. Where a subdivision abuts or contains an existing
or proposed arterial highway, the Village Board may require a frontage
road, nonaccess reservation along the rear of the property contiguous
to such highway, or such other treatment as may be necessary to ensure
safe, efficient traffic flow and adequate protection of residential
properties.
L.
Arterial street and highway protection. Whenever the proposed subdivision
contains or is adjacent to a major street or highway, adequate protection
of residential properties, limitation of access and separation of
through and local traffic shall be provided by reversed frontage,
with screen planting contained in a nonaccess reservation along the
rear property line, or by the use of frontage streets.
M.
Tangents. A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets.
N.
Visibility. Streets shall afford maximum visibility and safety and
shall intersect at right angles, where practicable.
O.
Street grades.
(1)
Unless necessitated by exceptional topography subject to the approval
of the Village Board, the maximum center-line grade of any street
or public way shall not exceed the following:
(2)
Street grades shall be established wherever practicable so as to
avoid excessive grading, the promiscuous removal of ground cover and
tree growth, and general leveling of the topography. All changes in
street grades shall be connected by vertical curves of a minimum length
equivalent in feet to 15 times the algebraic difference in the rates
of grade for major streets, and 1/2 this minimum for all other streets.
P.
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
the following:
Q.
Half-streets. Where a half-street is adjacent to the subdivision,
the other half-street shall be dedicated by the subdivider. The platting
of half-streets should be avoided where possible.
R.
Street intersections.
(1)
Streets shall intersect each other at as nearly right angles as topography
and other limiting factors of good design permit.
(2)
The number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
(3)
The number of intersections along major streets and highways shall
be held to a minimum. Wherever practicable the distance between such
intersections shall not be less than 1,200 feet.
(4)
Property lines at street intersections shall be rounded with a minimum
radius of 15 feet or of a greater radius when required by the Village
Board, or shall be cut off by a straight line through the points of
tangency of an arc having a radius of 15 feet.
(5)
Minor streets shall not necessarily continue across arterial or collector
streets, but if the center lines of such minor streets approach the
major streets from opposite sides within 300 feet of each other, measured
along the center line of the arterial or collector street, then the
location shall be so adjusted that the adjoinment across the major
or collector street is continuous and a jog is avoided.
S.
Limited-access highway and railroad right-of-way treatment. Whenever
the proposed subdivision contains or is adjacent to a limited-access
highway or railroad right-of-way, the design shall provide the following
treatment:
(1)
Subdivision lots. When lots within the proposed subdivision back
upon the right-of-way of an existing or proposed limited-access highway
or a railroad, a planting strip at least 30 feet in depth 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 hereon prohibited."
(2)
Commercial and industrial districts. Commercial and industrial districts
shall have provided, on each side of the limited-access highway or
railroad, streets approximately parallel to and at a suitable distance
from such highway or railroad for the appropriate use of the land
between such streets and highway or railroad, but not less than 150
feet.
(3)
Streets parallel to a limited-access highway. Streets parallel to
a limited-access highway or railroad right-of-way, when intersecting
a major street and highway or collector street which crosses said
railroad or highway, shall be located at a minimum distance of 250
feet from said highway or railroad right-of-way. Such distance, where
desirable and practicable, shall be determined with due consideration
of the minimum distance required for the future separation of grades
by means of appropriate approach gradients.
(4)
Minor streets. Minor streets immediately adjacent and parallel to
railroad rights-of-way shall be avoided, and location of minor streets
immediately adjacent to arterial streets and highways and to railroad
rights-of-way shall be avoided in residential areas.
(5)
Sales of land abutting on private way. No person shall sell any parcel
of land of five acres or less in size if it abuts on a road which
has not been accepted as a public road, unless the seller informs
the purchaser, in writing, of the fact that the road is not a public
road and is not required to be maintained by the town, county, or
Village.
T.
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 Village Board.
U.
Street design standards.
(1)
The minimum right-of-way and roadway width of all proposed streets
and alleys shall be as specified by the Comprehensive Plan, Comprehensive
Plan component, Official Map or neighborhood development study, or,
if no width is specified therein, the minimum widths shall be as follows:
|
Type of Street
|
Right-of-Way Width to Be Reserved
(feet)
|
Right-of-Way Width to Be Dedicated
(feet)
|
Pavement Width
(Face of Curb to Face of Curb)
(feet)
|
|---|---|---|---|
|
Arterial streets
|
120
|
80
|
Dual 36
|
|
Collector streets
|
80
|
80
|
48
|
|
Minor streets and culs-de-sac
|
60
|
60
|
36
|
|
Alleys
|
25
|
25
|
20
|
|
Pedestrianways
|
10
|
10
|
5
|
|
Frontage streets
|
50
|
50
|
32
|
(2)
Culs-de-sac. Cul-de-sac streets designed to have one end permanently
closed shall not exceed 500 feet in length. All cul-de-sac streets
designed to have one end permanently closed shall terminate in a circular
turnaround having a minimum right-of-way radius of 60 feet and a minimum
inside curb radius of 40 feet.
(3)
Temporary dead-ends or culs-de-sac. All temporary dead-ends shall
have a maximum length of 800 feet, and a temporary cul-de-sac shall
have a minimum right-of-way radius of 60 feet and a minimum inside
curb radius of 40 feet.
V.
Stream or lake shores. Stream or lake shores shall have 60 feet of
public access platted to the low-water mark at intervals of not more
than 1/2 mile as required by § 236.16(3), Wis. Stats.
A.
Length. The lengths, widths and shapes of blocks shall be appropriate
for the topography and the type of development contemplated, but block
length in residential areas shall not exceed 1,500 feet nor have less
than sufficient width to provide for two tiers of lots of appropriate
depth between street lines. As a general rule, blocks shall not be
less than 600 feet in length.
B.
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. Width of lots or parcels
reserved or laid out for commercial or industrial use shall be adequate
to provide for off-street service and parking required by the use
contemplated and the area zoning restrictions for such use.
C.
Pedestrian pathways. Pedestrian pathways, not less than 10 feet wide,
may be required by the Village Board through the center of a block
more than 900 feet long, where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation,
and other community facilities.
D.
Trees. The Village Board may require that certain species of trees
be planted on both sides of all streets.
A.
Size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development contemplated, provided that no residential lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 390, Zoning.
B.
Area and dimensions of lots shall conform to the requirements of Chapter 390, Zoning, and in areas not served by sewer shall, in addition, conform to the requirements of the State Department of Safety and Professional Services and the County Sanitary Ordinance. Whenever a tract is subdivided into large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this chapter.
C.
Lots shall have a minimum average depth of 100 feet. Excessive depth
in relation to width shall be avoided, and a proportion of 2:1 shall
be considered a desirable ratio under normal conditions. Depth of
lots or parcels reserved or laid out for commercial or industrial
use shall be adequate to provide for off-street service and parking
required by the use contemplated and the area zoning restrictions
for such use.
D.
Residential lots fronting on major streets and highways shall be
platted with extra depth or designed to alleviate the effect of major
street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width of 10 feet
to permit building setback from both streets.
F.
Every lot shall abut or face a public street for a distance of at
least 30 feet at the property line on a public street.
G.
Butt lots will be permitted by the Village Board only in exceptional
cases.
H.
Side lot lines shall be substantially at right angles to or radial
to abutting curved street lines. Lot lines shall follow municipal
boundary lines rather than cross them.
I.
In case a tract is divided into parcels of more than 1 1/2 acres in area, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 390, Zoning.
J.
Double frontage and reversed frontage lots shall be avoided except
where necessary to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.
K.
Width of lots shall conform to the requirements of the Chapter 390, Zoning, and in no case shall a lot be less than 60 feet in width at the building setback line.
L.
Lands lying between the meander line, established in accordance with
§ 236.20(2)(g), Wis. Stats., and the water's edge, and any
otherwise unplatted lands which lie between a proposed subdivision
and the water's edge shall be included as parts of lots, outlots,
or public dedications in any plat abutting a lake or stream. This
requirement applies not only to lands proposed to be subdivided but
also to all lands under option to the subdivider or in which he holds
any interest and which are contiguous to the lands proposed to be
subdivided and which abut a lake or stream as provided in § 236.16(4),
Wis. Stats.
A.
Filling of all lots in each subdivision is required to a point not
less than one foot below the flood protection elevation for the particular
area as specified on the flood profile.
B.
Areas to be filled shall also include all street rights-of-way and
other appropriate areas, such as park and open space lands, so that
they bear a reasonable relationship to adjoining properties.
A.
Drainage system required. A drainage system shall be designed and
constructed by the subdivider to provide for the proper drainage of
the surface water of the subdivision and the drainage area of which
it is a part. A final plat shall not be approved until the subdivider
shall submit plans, profiles and specifications, as specified in this
section, which have been prepared by a registered professional engineer
and approved by the Village-appointed engineer.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village-appointed engineer and
Village Board a report on the ability of existing watercourse channels,
storm sewers, culverts, and other improvements pertaining to drainage
or flood control within the subdivision to handle the additional runoff
which would be generated by the development of the land within the
subdivision. Additional information shall be submitted to adequately
indicate that provision has been made for disposal of surface water
without any damage to the developed or undeveloped land downstream
or below the proposed subdivision. The report shall also include:
(2)
A grading plan for the streets, blocks and lots shall be submitted
by the subdivider for the area within the subdivision.
(3)
The design criteria for storm drainage systems shall be based upon
information provided by the Village-appointed engineer.
(4)
Material and construction specifications for all drainage projects
(i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with
specifications provided by the Village Board or Village-appointed
engineer.
C.
Grading. The subdivider shall grade each subdivision in order to
establish street, block and lot grades in proper relation to each
other and to topography, as follows:
(1)
The subdivider shall grade the full width of the right-of-way of
all proposed streets in accordance with the approved plans.
(2)
Block grading shall be completed by one or more of the following
methods:
(a)
A ridge may be constructed along the rear lot lines which provides
for drainage onto the streets.
(b)
Parts of all lots may be graded to provide for drainage to the
street or to a ditch along the rear lot line.
(c)
Draining across rear or side lot lines may be permitted, provided
that drainage onto adjoining properties is skillfully controlled.
(3)
Lot grading shall be completed so that water drains away from each
proposed building at a minimum grade of 2%, and provisions shall be
made to prevent excessive drainage onto adjacent properties.
(4)
The topsoil stripped by grading shall not be removed from the site
and shall be uniformly spread over the lots when rough grading is
finished.
D.
Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.
(1)
Street drainage. All streets shall be provided with an adequate storm
drainage system. The street storm system shall serve as the primary
drainage system and shall be designed to carry street, adjacent land
and building stormwater drainage. No stormwater shall be permitted
to be run into the sanitary sewer system within the proposed subdivision.
(2)
Off-street drainage. The design of the off-street drainage system
shall include the watershed affecting the subdivision and shall be
extended to a watercourse or ditch adequate to receive the storm drainage.
When the drainage system is outside of the street right-of-way, the
subdivider shall make provisions for dedicating an easement to the
Village to provide for the future maintenance of said system. Easements
shall be a minimum of 20 feet, but the Village may require larger
easements if more area is needed due to topography, size of watercourse,
etc.
E.
Protection of drainage systems. The subdivider shall adequately protect
all ditches to the satisfaction of the Village Board and Village-appointed
engineer. Ditches and open channels shall be seeded, sodded or paved
depending upon grades and soil types. (Generally, ditches or channels
with grades up to 1% shall be seeded, those with grades up to 4% shall
be sodded and those with grades over 4% shall be paved.)
A.
Design capacity. All improvements shall be installed to satisfy the
service requirements for the service or drainage area in which the
subdivision is located, and the improvements shall be of sufficient
capacity to handle the expected development of the overall service
or drainage area involved.
B.
Extra-size improvements. Where improvements in excess of the size
needed to serve just the proposed subdivision are required, the subdivider
shall pay for the total cost of improvements he is required to install
to serve his subdivision. The additional costs which result from the
extra-size improvement shall be paid for by the Village. Thus, when
conditions within the whole drainage area will require an eighteen-inch
sanitary sewer, for example, and a twelve-inch sewer will adequately
serve the subdivision involved, the subdivider shall construct the
eighteen-inch utility and bill the Village for the difference in material
costs between a twelve-inch and eighteen-inch sewer pipe.
C.
Off-site extensions. When streets or utilities are not available
at the boundary of proposed subdivision, the Village, or its duly
authorized representative, shall require, as a prerequisite to approval
of a final plat, assurances that such improvement extensions shall
be provided as follows:
(1)
Extensions of utilities onto the property involved shall be adequate
to serve the total development requirements of the service or drainage
area. Utilities leaving the property shall be constructed in such
a manner as to make their extension practical for servicing the adjacent
areas of the service or drainage area.
(2)
If the Village, or its duly authorized representative, finds that
extensions across undeveloped areas would not be warranted as a special
assessment to the intervening properties or as a governmental expense
until some future time, the developer shall be required, if he wishes
to proceed with the development, to obtain necessary easements or
rights-of-way and construct and pay for such extensions. Such improvements
shall be available for connections by subdividers of adjoining land,
and the subdivider may contract with adjacent property owners and/or
subdividers of adjacent land for reimbursement of the oversize and/or
off-site improvements constructed.
D.
Where sanitary sewer lift stations and force mains are required to
lift sewage to the gravity system, the subdivider shall have plans,
profiles and specifications prepared for the installation of such
facilities. The installation, inspection, supervision and engineering
fees for lift stations and/or force mains shall be paid for by the
subdivider unless otherwise determined and agreed upon by the Village
Board.
A.
General.
(1)
If a proposed subdivision includes land that is zoned for commercial
or industrial purposes, the layout of the subdivision with respect
to such land shall make such provisions as the Village may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 390, Zoning. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Village, and shall conform to the proposed land use standards established in the Comprehensive Plan, Official Map, and Chapter 390, Zoning.
B.
Standards. In addition to the principles and standards in these regulations,
which are appropriate to the planning of all subdivisions, the applicant
shall demonstrate to the satisfaction of the Village that the street,
parcel, and block pattern proposed is specifically adapted to the
uses anticipated and takes into account other uses in the vicinity.
The following principles and standards shall be observed:
(1)
Proposed industrial parcels shall be suitable in area and dimensions
to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated to be generated thereupon.
(3)
Special requirements may be imposed by the Village with respect to
street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the Village with respect to
the installation of public utilities, including water, sewer and stormwater
drainage.
(5)
Every effort shall be made to protect adjacent residential areas
from potential nuisance from a proposed commercial or industrial subdivision,
including the provision of extra depth in parcels backing up on existing
or potential residential development and provisions for permanently
landscaped buffer strips, when necessary.
(6)
Streets carrying nonresidential traffic, especially truck traffic,
shall not normally be extended to the boundaries of adjacent existing
or potential residential areas.
A.
Improvements completed. All improvements required under this chapter shall be constructed in accordance with its provisions prior to filing the final plat with the Village Clerk-Treasurer for approval by the Village Board. In lieu of construction of any of the public improvements, the owner may furnish a surety bond as provided in Subsection B of this section.
B.
Financing. Before a final plat is approved by the Village Board,
the subdivider shall submit an agreement and performance bond or cash
escrow agreement to assure the following:
(1)
The subdivider shall pay for the cost of all improvements required
in the subdivision by the Village Board.
(2)
Guaranteed completion of the required improvements within a two-year
period.
(3)
Payment by the subdivider for all costs incurred by the Village for
review and inspection. This would include preparation and review of
plans and specifications by the engineer, planner and attorney, as
well as other costs of a similar nature.
(4)
The Village may elect to install any of the required improvements
under the terms of a cash escrow agreement.
(5)
The performance bond or cash escrow agreement shall be equal to 1 1/4
times the engineer's estimated cost of the required improvements.
(6)
If the required improvements are not complete within the two-year
period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the Village and applied
to the cost of the required improvements. Any balance remaining after
such improvements have been made shall be returned to the owner or
subdivider. The Village Board, at its option, may extend the bond
period for an additional period not to exceed two years.
C.
Survey monuments. The subdivider shall install survey monuments placed
in accordance with the requirements of § 236.15, Wis. Stats.
D.
Grading.
(1)
Cut and filled lands shall be graded by the subdivider to a maximum
slope of one on four or the soil's angle of repose, whichever is the
lesser, and covered with permanent vegetation.
(2)
After the installation of temporary block corner monuments by the
subdivider and approval of street grades by the Village Board, the
subdivider shall grade the right-of-way of all streets proposed to
be dedicated in accordance with plans and standard specifications
approved by the Village Board. The subdivider shall grade the roadbeds
in the street right-of-way to subgrade.
(3)
Where electric and communications facilities are to be installed
underground, the utility easements shall be graded to within six inches
of final grade by the subdivider, prior to the installation of such
facilities, and earth fill piles or mounds of dirt or construction
materials shall not be stored on such easement areas.
E.
Surfacing. After the installation of all utility and stormwater drainage
improvements, the Village shall surface all roadways in streets proposed
to be dedicated to the widths prescribed by these regulations and
the Comprehensive Plan or Comprehensive Plan components of the Village.
Said surfacing shall be done in accordance with plans and standard
specifications approved by the Village Board.
F.
Curb and gutter. After the installation of all utility and stormwater
drainage improvements, adjacent property owners shall construct, through
special assessment procedures, concrete curbs and gutters in accordance
with plans and specifications approved by the Village Board. Provision
shall be made at the time of construction for driveway-access curb
cuts.
G.
Public sanitary sewerage and private sewage disposal systems.
(1)
The subdivider shall construct sanitary sewers in such a manner as
to make adequate sanitary sewage service disposal systems available
to each lot within the subdivision. If municipal sewer service is
not available, the subdivider shall make provision for adequate private
sewage disposal systems as specified in applicable ordinances. The
Village Board may require the installation of sewer laterals to the
street lot line. If, at the time of final platting, sanitary sewer
facilities are not available to the plat, but will become available
within a period of five years from the date of plat recording, the
subdivider shall install or cause to be installed sanitary sewers
and sewer laterals to the street lot line, in accordance with this
section, and shall cap all laterals. The size, type, and installation
of all sanitary sewers proposed to be constructed shall be in accordance
with plans and standard specifications approved by the Village Board.
(2)
The subdivider shall assume the cost of installing all sanitary sewers
eight inches in diameter or less in size. If greater than eight-inch-diameter
sewers are required to handle the contemplated sewage flows, the cost
of such larger sewers shall be prorated in proportion to the ratio
which the total area of the proposed plat is to the total drainage
area to be served by such larger sewer and the excess cost either
borne by the Village or assessed against the total drainage area.
H.
Stormwater drainage facilities.
(1)
The subdivider shall construct stormwater drainage facilities, which
may include curbs and gutters, catch basins and inlets, storm sewers,
road ditches and open channels, as required by the Village Board.
All such facilities shall be of adequate size and grade to hydraulically
accommodate the maximum potential volumes of flow. The type of facilities
required, the design criteria, and the sizes and grades shall be determined
by the Board.
(2)
Storm drainage facilities shall be so designed as to prevent and
control soil erosion and sedimentation and to present no hazard to
life or property; and the size, type and installation of all stormwater
drains and sewers proposed to be constructed shall be in accordance
with the plans and standard specifications approved by the Village
Board. Such facilities may, at the request of the Board, include water
retention structures and settling basins so as to prevent erosion
and sedimentation.
(3)
Unpaved road ditches and street gutters shall be shaped and seeded
or sodded as grassed waterways. Where the velocity of flow is in excess
of four feet per second on soils having a severe or very severe erosion
hazard and in excess of six feet per second on soils having moderate,
slight, or very slight erosion hazard, the subdivider shall install
a paved invert or check dams, flumes, or other energy-dissipating
devices in accordance with plans approved by the Village Board.
(4)
The subdivider shall assume the cost of installing all storm sewers
within the proposed subdivision, except for the added cost of installing
storm sewers greater than 24 inches in diameter which are necessary
to serve tributary drainage areas lying outside of the proposed subdivision.
I.
Public water supply facilities.
(1)
The subdivider shall construct water mains in such a manner as to
make adequate water service available to each lot within the subdivision.
If municipal water service is not available, the subdivider shall
make provision for adequate private water systems as specified in
applicable ordinances. The Village Board may require the installation
of water laterals to the street lot line. The size, type, and installation
of all public water mains proposed to be constructed shall be in accordance
with plans and standard specifications approved by the Board.
(2)
The subdivider shall assume the cost of installing all water mains
six inches in diameter or less in size. If greater than six-inch-diameter
water mains are required, the excess cost of such mains over and above
the cost of a six-inch main shall be borne by the Village.
J.
Other utilities.
(1)
The subdivider shall cause gas, electrical power and telephone facilities
to be installed in such a manner as to make adequate service available
to each lot in the subdivision. No such electrical or telephone service
shall be located on overhead poles along the front lot lines unless
otherwise allowed due to exceptional topography or other physical
barrier.
(2)
Plans indicating the proposed location of all gas, electrical power
and telephone distribution and transmission lines required to service
the plat shall be approved by the Village Board.
K.
Streetlamps. The Village shall install streetlamps along all streets
proposed to be dedicated of a design compatible with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Village Board.
L.
Street signs. The Village shall install at the intersections of all
streets proposed to be dedicated a street sign of a design specified
by the Village Board.
M.
Sediment control.
(1)
The subdivider shall plant those grasses, trees, and vines, of a
species and size specified by the Village Board, necessary to prevent
soil erosion and sedimentation.
(2)
The Village Board may require the subdivider to provide or install
certain protection and rehabilitation measures, such as fencing, sloping,
seeding, riprap, revetments, jetties, clearing, dredging, snagging,
drop structures, brush mats, willow poles and grade stabilization
structures.
A.
Commencement. No construction or installation of improvements shall
commence in a proposed subdivision until the preliminary plat has
been approved and the Village Board has given written authorization.
B.
Building permits. No building permits shall be issued for erection
of a structure on any lot not of record until all the requirements
of this chapter have been met.
C.
Plans. The following plans and accompanying construction specifications
may be required by the Village Board before construction or installation
of improvements is authorized:
(1)
Street plans and profiles showing existing and proposed grades, elevations
and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials of required
facilities.
(4)
Water main plans and profiles showing the locations, sizes, elevations
and materials of required facilities.
(5)
Erosion and sedimentation control plans showing those structures
required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation.
(6)
Planting plans showing the locations, age, caliper, species, and
time of planting of any required grasses, vines, shrubs and trees.
(7)
Additional special plans or information as required.
D.
Inspection. The subdivider, prior to commencing any work within the
subdivision, shall make arrangements with the Village Board to provide
for adequate inspection. Authorized inspectors shall inspect and approve
all completed work prior to approval of the final plat or release
of the sureties.
E.
Erosion control.
(1)
The subdivider shall cause all grading, 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, in accordance with the plans and specifications
approved by the Village Board.
(2)
Sod shall be laid in strips at those intervals necessary to prevent
erosion and at right angles to the direction of drainage.
(3)
Temporary vegetation and mulching shall be used to protect critical
areas, and permanent vegetation shall be installed as soon as practical.
(4)
Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
(5)
Sediment basins shall be installed and maintained at all drainageways
to trap, remove, and prevent sediment and debris from being washed
outside the area being developed.
F.
Existing flora.
(1)
The subdivider shall make every effort to protect and retain all
existing trees, shrubbery, vines, and grasses not actually lying in
public roadways, drainageways, soil absorption waste disposal areas,
paths and trails.
(2)
Such trees are to be protected and preserved during construction
in accordance with sound conservation practices, including the preservation
of trees by well islands or retaining walls whenever abutting grades
are altered.
A.
General. The subdivider shall pay the Village all fees as hereinafter
required and at the times specified.
B.
Application fee. The subdivider shall pay a fee as set forth in the
Village Fee Schedule for each lot or parcel within the preliminary
plat or certified survey to the Village Clerk-Treasurer at the time
of application for approval of any preliminary plat. This fee will
assist in defraying the costs of review of the preliminary plat, final
plat, and plans and specifications for improvements. This fee is nonrefundable.
A reapplication of any preliminary plat or certified survey which
has been previously reviewed will be subject to the original application
fee requirements specified above.
C.
Inspection fee. The subdivider shall pay a fee to the Village-appointed
engineer equal to the actual cost incurred by the Village-appointed
engineer for such inspection as the Village Board deems necessary
to assure that the construction of the required improvements is in
compliance with the plans, specifications and ordinances of the Village
or any other governmental authority.
D.
Public site fee.
(1)
If the Village Board waives the requirement for dedication of public lands as provided in § 382-21, a fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the Village Clerk-Treasurer at the time of first application for approval of a final plat of said subdivision in the amount of $200 for each dwelling unit within the plat allowed by Chapter 390, Zoning.
(2)
Public site fees shall be placed in a separate service district fund
by the Village Clerk-Treasurer to be used only for the acquisition
of park sites which will serve the proposed subdivision. Said fund
shall be established on the basis of the service area of existing
or proposed park facilities.
E.
Engineering fee.
(1)
The subdivider shall pay a fee to the Village-appointed engineer
equal to the actual cost incurred by the Village-appointed engineer
for all engineering work incurred by the Village in connection with
the plat.
(2)
Engineering work shall include the preparation of construction plans
and standard specifications. The Village Board may permit the subdivider
to furnish all, some or part of the required construction plans and
specifications, in which case no engineering fees shall be levied
for such plans and specifications.
A.
Utility easements. The Village Board, on the recommendation of other
appropriate agencies of the Village, shall require utility easements
for poles, wires, conduits, storm and sanitary sewers, gas, water
and head mains or other utility lines. It is the interest of this
chapter to protect all established easements so as to assure proper
grade, assure maintenance of the established grade, prohibit construction
of permanent fences or retaining walls over underground installation
and prevent the planting of trees in the easement area.
B.
Drainage easements.
(1)
Where
a subdivision is traversed by a watercourse, drainageway, channel
or stream:
(a)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section; or
(b)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
assured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse,
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(2)
Wherever
possible, it is desirable that drainage be maintained by an open channel
with landscaped banks and adequate width for maximum potential volume
of flow. In all cases, such watercourse shall be of a minimum width
established at the high-water mark, or in the absence of such specification,
not less than 30 feet.
C.
Easement locations. Such easements shall be at least 12 feet wide
and may run across lots or alongside of rear lot lines. Such easements
should preferably be located along rear lot lines. Evidence shall
be furnished the Village Board that easements and any easement provisions
to be incorporated in the plat or in deeds have been reviewed by the
individual utility companies or the organization responsible for furnishing
the services involved.
A.
Purpose. The requirements of this section are established to ensure
that adequate parks, open spaces and sites for other public uses are
properly located and preserved as the Village grows. It has also been
established to ensure that the cost of providing the park and recreation
sites and facilities necessary to serve the additional people brought
into the community by land development may be equitably apportioned
on the basis of the additional needs created by the development. The
requirements shall apply to all lands proposed for all residential
development.
B.
Design. In the design of a subdivision, land division, planned unit
development or development project, provision shall be made for suitable
sites of adequate area for schools, parks, playgrounds, open spaces,
drainageways and other public purposes. Such sites as are shown on
the Official Map, Comprehensive Plan or Parks and Open Space Plan,
if applicable, shall be made a part of the design. Consideration shall
be given to the preservation of scenic and historic sites, stands
of trees, marshes, lakes, ponds, streams, watercourses, watersheds
and ravines and woodland, prairie and wetland plant and animal communities.
C.
Dedication of lands for streets and public ways. Whenever a tract of land to be subdivided embraces all or any part of an arterial street, drainageway or other public way which has been designated in the Comprehensive Plan, Comprehensive Plan component, or on the Official Map of the Village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or map and as set forth in § 382-10 of this chapter.
D.
Dedication of lands for playgrounds, parks, public lands.
(1)
The subdivider shall designate on every new preliminary plat an area of land suitable for playground, park, or school purposes and shall dedicate said lands to the public at the rate of one acre for each 26 proposed dwelling units, or the Village Board may waive the requirement for dedication of land, except when said dedication involves lands designated in the Comprehensive Plan, Comprehensive Plan component, or on the Official Map of the Village. In lieu of dedication, the Village shall levy a public site fee against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in § 382-19.
(2)
Whenever proposed public lands other than streets or drainageways, designated in the Comprehensive Plan, Comprehensive Plan component, or on the Official Map of the Village, are embraced, all or part, in a tract of land to be subdivided, these proposed public lands shall be made a part of the plat and shall be dedicated to the public by the subdivider at the rate of one acre for each 26 proposed dwelling units; and said proposed public lands, other than streets or drainageways, in excess of the rate established shall be reserved for a period not to exceed two years unless extended by mutual agreement for purchase by the public agency having jurisdiction; or all said proposed public lands, other than streets or drainageways, shall be reserved by the subdivider for a period not to exceed two years unless extended by mutual agreement for acquisition by the Village at undeveloped land costs; and a public site fee shall be levied against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in § 382-19 of this chapter.
(3)
Proposed public lands designated in the Comprehensive Plan, Comprehensive
Plan component, or on the Official Map of the Village, lying outside
the corporate limits of the Village but within the jurisdictional
area of these regulations, shall be reserved for acquisition by the
town or county at undeveloped land costs.
E.
Development of area.
(1)
When parkland is dedicated, the subdivider is required to bring the
dedicated land up to the contours established in the approved street
and utility plans, topsoiled with a minimum of four inches of quality
topsoil, seeded as specified by the Village Director of Public Works,
fertilized with 16-6-6 fertilizer at the rate of seven pounds per
1,000 square feet and mulched as specified in the Standard Specifications
for Road and Bridge Construction, Sections 627 and 629. The topsoil
furnished for the park site shall consist of the natural loam, sandy
loam, silt loam, silty clay loam or clay loam humus-bearing soils
adapted to the sustenance of plant life, and such topsoil shall be
neither excessively acid nor excessively alkaline. Fine grading and
seeding must occur within one year following issuance of the first
building permit within that subdivision unless otherwise authorized
by the Village Board.
(2)
It shall be the duty of the Village to maintain the dedicated areas,
and the owner who dedicated said land shall in no way be responsible
for its maintenance or liability thereon, except that said owner shall
not develop the surrounding area in a manner which would unduly depreciate
the purpose, use or value of the dedicated property and except if
such owner shall reside on one of the subdivided parcels, in which
case he shall be responsible for the maintenance of adjacent public
property as may be required in other laws of the Village.
A.
Where, in the judgment of the Village Board, it would be inappropriate
to apply literally the provisions of this chapter because of the proposed
subdivision being located outside of the corporate limits, or because
exceptional or undue hardship would result, the Board may waive or
modify any requirements to the extent deemed just and proper.
B.
The Village Board shall not grant variations or exceptions to the
regulations of this chapter unless it shall make findings based upon
the evidence presented to it in each specific case that:
(1)
The granting of the variation will not be detrimental to the public
safety, health, or welfare or injurious to other property or improvements
in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation is based are
unique to the property for which the variation is sought and are not
applicable generally to other property.
(3)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
C.
Such relief shall 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 community in accordance with
the Comprehensive Plan or Comprehensive Plan component of the Village.
A majority vote of the entire membership of the Village Board shall
be required to grant any modification of this chapter, and the reasons
shall be entered in the minutes of the Board.
D.
The Village Board may waive the placing of monuments, required under
§ 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable
time on condition that the subdivider execute a surety bond to ensure
the placing of such monuments within the time required.
A.
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 Village
authorizing the building on, or improvement of, any subdivision, land
division or replat within the jurisdiction of this chapter not of
record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully met. The Village
may institute appropriate action or proceedings to enjoin violations
of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall be subject to the general penalty found in § 1-4, General penalty, of this Code.
(2)
Recordation improperly made has penalties provided in § 236.30,
Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties provided for
in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as provided for
in § 236.32, Wis. Stats.
(5)
Assessor's plat made under § 70.27, Wis. Stats., may be
ordered by the Village at the expense of the subdivider when a subdivision
is created by successive divisions.
C.
Appeals. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10 to 15, Wis. Stats., within 30 days of notification
of the rejection of the plat. Where failure to approve is based on
an unsatisfied objection, the agency making the objection shall be
made a party to the action. The court shall direct that the plat be
approved if it finds that the action of the approving or objecting
agency is arbitrary, unreasonable or discriminatory.
