(1)
Authority. The Suamico Board, pursuant to the authority granted by
Wis. Stats. § 236.45, adopts the provisions of this chapter.
(2)
Title. This chapter shall be known as, referred to, or cited as the
"Subdivision and Alternative Development Ordinance, Village, Wisconsin".
(3)
Purpose and Intent. The purpose of this chapter is to regulate and
control the residential division of land within the Village for the
following purposes:
(a)
To promote public health, safety and general welfare.
(b)
To further the orderly layout and use of land.
(c)
To prevent the overcrowding of land.
(d)
To further the orderly flow of traffic to and from the streets
and highways.
(e)
To facilitate adequate provision for public infrastructure.
(f)
To facilitate enforcement of community development standards
set forth herein and on the official map of the Village.
(g)
To facilitate implementation of community development standards
set forth in the community's Comprehensive Plan.
(4)
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. This section shall not preclude the
Village from maintaining any appropriate action to prevent or remove
a violation of this chapter including injunctive relief.
(5)
Interpretation. The provisions of this chapter shall be held to be
minimum requirements and shall not be deemed a limitation or repeal
of any power granted by the Wisconsin statutes.
(6)
Jurisdiction. The jurisdiction of this chapter shall include all lands within the Village subdivided as defined in Section 17.02(2) after the effective date of this ordinance. However, in no instance shall the provisions of this chapter apply to:
(a)
Transfer of interests in land by will or pursuant to court order.
(b)
Leases for a term not to exceed 10 years, mortgages or easements.
(c)
Sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the resultant
lots are not reduced below the minimum sizes required by these regulations
or other applicable laws or ordinances.
(d)
A division of land resulting in parcels more than 10 acres.
(1)
Rules. In this chapter, the rules and definitions contained in this
section shall be observed and applied, except when the context clearly
indicates otherwise.
(a)
Words used in the present tense shall include the future and
words used in the singular number shall include the plural number
and the plural, the singular.
(b)
The word "shall" is mandatory and not discretionary.
(c)
The words "may" and "should" are permissive.
(d)
The masculine gender includes the feminine and neuter.
(e)
Conservation by design subdivisions are optional.
(2)
ACTIVE RECREATION FACILITIES
ADJUSTED TRACT ACREAGE
ALLEY
ARTERIAL STREET
BLOCK
BUILDING
BUILDING SETBACK LINE
CERTIFIED SURVEY MAP
COLLECTOR STREET
CONSERVATION SUBDIVISION
COUNTY PLAT
CUL-DE-SAC
DEVELOPMENT
IMPROVEMENT, PUBLIC
LAND DIVISION
LOT
LOT, CORNER
LOT, FLAG
LOT, THROUGH
MINOR STREET
OUTLOT
PARENT PARCEL
PRELIMINARY PLAT
PRIMARY CONSERVATION AREAS
PUBLIC WAY
RE-PLAT
STATE PLAT
SUBDIVIDER
SUBDIVISION
SURETY BOND
VILLAGE
VILLAGE ADMINISTRATOR
Definitions. The following definitions shall apply in interpreting
this section. Other definitions contained in the Brown County Subdivision
and Platting Regulations, Ch. 21 of Brown County Ordinances, effective
December 13, 2001 unless contrary to the definitions herein shall
also be considered.
Formal prescribed sites for leisure activities requiring
some constructed facilities and organized activity.
The resulting area of a parcel of land after the primary
conservation areas (typically wetlands, floodways, and slopes exceeding
25% are deducted.
A public or private right-of-way, which provides secondary
access to abutting properties.
A street used or intended to be used primarily for fast or
heavy through traffic. Arterial streets shall include freeways and
expressways, as well as standard arterial streets, highways and parkways.
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.
A line parallel to the street line or waterline, defined
by the Village Zoning Ordinance, defining the area between the property
line and the building setback line where buildings may not be erected.
As defined in Wis. Stats. § 236.34 and may be referred
to as a CSM.
A street intended to provide both land access service and
traffic circulation. They also collect traffic from minor streets
and channel it onto the arterial street system.
A land division or housing development that is characterized
by compact lots that are surrounded by, or interspersed with, preserved
open space, where the natural features of the land are preserved to
the greatest extent possible.
A map of a division of land prepared in the same manner as
required in Wis. Stats. Ch. 236, except that all reviews are completed
at the local level, in accordance with the terms of this section and
where:
A short minor street having one end open to traffic and the
other end terminated by a vehicular turnaround.
The act of constructing buildings and/or site improvements.
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, park, parkway, public access, sidewalk, trail, pedestrian
way, planting strip, off-street parking area or other facility for
which the county or Village may ultimately assume the responsibility
for maintenance and operation.
The dividing of land, which results in a subdivision, re-plat
or certified survey map.
A buildable parcel of land represented and identified in
a land division as defined herein and in accordance with the Village
Zoning Ordinance.
A lot abutting two or more streets at their intersection
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side.
A lot, which consists of a long narrow access area leading
to a larger parcel of land. The access resembles a flagpole and its
width is less than the minimum lot width for that specific zoning
district and the larger buildable area resembles the flag.
A lot which has a pair of opposite lot lines along two substantially
parallel 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 access
to abutting properties.
A parcel of land not intended for development and so designated
on the plat, re-plat or certified survey map.
The existing parcels of record, as identified by individual
tax parcel numbers. Effective on date of this ordinance.
A map showing the salient features of a proposed subdivision submitted to the Planning and Zoning Commission for purposes of preliminary consideration so described in Section 17.05(3) of this chapter.
Environmentally sensitive areas of a site that are restricted
from development by reason of a federal, state, county law or regulation,
or by the Suamico Zoning Ordinance.
Any public road, street, highway, walkway, drainage way or
part thereof.
The process of changing of 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 re-plat.
A map of a subdivision as defined within Wis. Stats. § 236.02(12)
and prepared in accordance with Wis. Stats. Ch. 236.
Any person, corporation, limited liability corporation, partnership,
limited liability 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.
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.
A bond guaranteeing performance of a contract or obligation
of a developer. Possible forfeiture of bond can occur if such contract
or obligation is unfulfilled by the subdivider.
Reference to Village shall mean the Village including the
Board, Administrator, Clerk or any other designated Village committee.
The individual hired by the Board to act as the Village's
Chief Administrative Officer.
(3)
Dedication and Reservation of Land.
(a)
Whenever a tract to be subdivided includes a proposed street,
highway, or parkway or a proposed site for a park, playground, school
or other public use or facility as indicated on any officially adopted
map or area development plan, such space shall be suitably incorporated
by the developer into his or her subdivision plat after the proper
determination of its necessity by the Village Planning and Zoning
Commission and/or the appropriate body or public agency involved in
the acquisition and/or use of each site.
(b)
If potential public accesses are included within a plat, the
Village Planning and Zoning Commission shall refer the plat to the
public body concerned with the acquisition for its consideration and
report. The Village Planning and Zoning Commission may propose alternate
areas for such acquisition and shall allow the public body concerned
30 days for reply. The reply of the public body, if affirmative, shall
include a map showing the boundaries and areas of the parcel to be
acquired and an estimate of the time required to complete the acquisition.
1.
Upon receipt of an affirmative report, the Village Planning
and Zoning Commission shall notify the property owner and shall designate
on the preliminary and final plat that area proposed to be acquired
by the public body.
2.
On preliminary and final plats in which land is designated for
acquisition by a governmental unit or subdivision thereof, the land
owner shall give written notice of its intent to develop such property
to the governmental unit. Such notice to the governmental unit of
intent shall be accomplished by a sketch plan of the proposed development
and a tentative schedule of construction. The governmental unit shall
have up to one year from the date of notice to obtain an accepted
offer to purchase agreement from the property owner, or to initiate
eminent domain acquisition. Otherwise, the designation of the property
as "to be acquired for public purposes" shall be removed from the
plat and the official map and the owner shall then be free to develop
said property. Nothing herein shall prevent property on a plat as
being designated as dedicated if accepted by the Village.
3.
Whenever a preliminary plat includes a proposed dedication of
land to public use and the Village Planning and Zoning Commission
finds that such land is not required or not suitable for public use,
the Village Planning and Zoning Commission or the Board may refuse
to approve such dedication.
4.
When a final plat of a subdivision has been approved by the
Board and other required public bodies and the plat is recorded, that
approval shall constitute acceptance for the purpose designated on
the plat of all lands shown on the plat as dedicated to the public
including street rights-of-way and common open space.
(4)
Land Suitability.
(a)
No land shall be divided for a use, which is determined to be
unsuitable based upon Village, county, state and/or federal law. Staff
for the Village shall make initial determinations of land suitability
and shall require documentation relative to the suitability of land
for development from the developer based on Village, county, state
and/or federal law.
(b)
If determined to be unsuitable, the staff shall, in writing,
state the facts upon which its conclusion is reached. Appeals of land
suitability determinations shall be brought before the Board, which
may affirm, modify, or withdraw the determination of unsuitability.
(c)
All lots proposed for development must have a minimum developable
area as defined by the Planning and Zoning Commission and/or the Board.
(d)
Geotechnical engineering reports may be required at staff discretion
for all structures to be built on, or within 20 feet of slopes 25%
or greater. Such reports will include soil information and classification,
conclusions regarding slope stability with structural surcharge, detailed
slope stabilization practices if applicable and project erosion control
practices. Engineering reports are required to be certified by a professional
engineer licensed in the State of Wisconsin.
(5)
Erosion Prevention Requirements. In addition to stormwater drainage
requirements contained elsewhere in this chapter, when a proposed
subdivision or certified survey map is located in an area having the
potential to cause soil erosion and sedimentation problems, the Village
may require that the subdivider prepare a detailed erosion and sediment
control plan.
(a)
The plan shall detail all proposed grading techniques, land
division design, landscaping, vegetative cover, berms, sediment basins,
and other storm drainage and surface water runoff measures to reduce
erosion and sedimentation caused by surface water runoff.
(b)
Erosion and sediment control plans shall be submitted to the
Village Planning and Zoning Commission who shall transmit them, where
appropriate, to the Brown County Planning Department for review and
comment.
(c)
Guidelines, standards and specifications which should provide
a framework for the development, review and implementation of erosion
control, are contained in the Wisconsin Construction Site Best Management
and Practice Handbook.
(d)
The Village may require that some or all of the erosion and
sediment control measures, including those recommended by Brown County,
become a restrictive covenant on the final plat or certified survey
map.
(e)
In addition, a side and/or rear building setback limit may be
added when a severe slope or unstable soil types exist on the proposed
land divisions.
(1)
Conservation by design subdivisions are optional.
(2)
Purpose. To conserve open space by grouping of lots with reduced
individual lot sizes, provided that overall density within the subdivision
is maintained. The remaining undeveloped area within the subdivision
provides open space and helps preserve the scenic and natural qualities
of the land being divided, especially any applicable environmentally
sensitive area. Grouping of residences will facilitate common water
and sewage disposal systems and encourage the improved use of the
land respecting the preservation of natural resources.
(3)
Applicability. Any subdivision or CSM where the total area of the
land to be developed is at least five acres may follow Conservation
subdivision design. Other land divisions with less than five acres
may be considered for Conservation subdivision design with special
approval of the Village.
(4)
Site Analysis Plan. As a part of the concept plan phase described under Section 17.04 a study of existing site features shall be prepared and provided to the Village prior to the onsite inspection. This site analysis must include the following:
(a)
A topographic map, based on a U.S.G.S Quadrangle map or aerial
topography at not less than two-foot contours;
(b)
Soil boundaries as shown on the Brown County Soil Survey maps
published by the Soil Conservation Service;
(c)
The location of significant features such as woodlands, tree-lines,
open fields or meadows, scenic views into or out from the property,
watershed divides and drainage ways, fences or stone walls, rock outcrops,
and existing structures, easements, roads, tracks and trails; and
(d)
The site analysis plan shall identify both primary conservation
areas (floodways, wetlands, and steep slopes, as defined in the process
for computing "adjusted tract acreage") and potential secondary conservation
areas. The site analysis plan shall form the basis for the conceptual
preliminary plan, which shall show the tentative location of houses,
streets, lot lines, and greenway lands.
(5)
General Requirements. Proposed conservation subdivisions shall be
platted in accordance with the requirements and procedures of this
chapter and the following requirements:
(a)
Density. The maximum permitted number of lots in such developments shall be determined by dividing the total adjusted tract acreage by the minimum lot size(s) required in the Suamico Zoning Ordinance. As an alternate method, the total number of lots within a conservation subdivision may be based upon a yield plan showing how many lots could be attained if the land were platted using the standard lot size and lot width. Such yield plan shall be subject to Village approval and every lot shall be viable for development to be counted. Greater density may be permitted based upon Section 17.03(5)(b) described below.
(b)
Water and Sewer. Water supply and sewage disposal shall meet
the minimum standards of all state, county, or Village regulations.
(c)
Design. The design standards, as contained within this chapter,
may, at the discretion of the Board, be relaxed as an incentive in
developing conservation subdivisions. Standards that can be relaxed
in order to permit more creative land division design include, but
are not limited to, lot shape and depth, length of cul-de-sac roads,
and road right-of-way width. However, the lots shall be of sufficient
size to provide buildable room for reasonable development based on
the intended use.
(d)
Trail Connections. If pedestrian trails are included within
any conservation subdivision, such trails may, at the developer's
discretion, be connected to any regional pedestrian trails established
by the Village, Brown County, any adjacent community, or the State
of Wisconsin, subject to approval by the owner of the trail.
(6)
Open Space Requirements.
(a)
Open space required for conservation subdivisions shall be based
upon the contour, character, and aesthetics of the land being developed
and may include both primary and secondary conservation areas.
(b)
Minimum Open Space. In order to receive relaxation of the design standards, as described in Subsection 17.03 (4) (c) above, permanent open space shall be designated on the plat and shall be at least 25% of the gross site area of the tract being divided. In addition, as an incentive for establishing greater open space, the number of lots within the subdivision may be increased above the number prescribed in Subsection 17.03(4) (a) as follows:
(c)
The minimum required open space may include storm water management
facilities, active recreation facilities, and manmade ponds. However,
not more than 50% of the required open space shall consist of active
recreation facilities and permanent ponds.
(d)
The required open space may be used, without restriction, for
underground drainage fields for individual or community septic systems,
subject to the requirements of the Brown County Private Sewage System
Ordinance.
(e)
The required open space shall be designated as undivided open
space and shall be protected by a permanent conservation easement,
prohibiting further development and setting other standards safeguarding
the site's special resources. Such conservation easement shall be
in a form acceptable to the Village and duly recorded with the Brown
County Register of Deeds. A narrative describing the ownership, use,
and maintenance responsibilities of the open space may be required
by the Village.
(f)
Open space shall abut the largest practical number of lots within
the conservation subdivision. The Village may require safe and convenient
pedestrian access to the open space from all lots not adjoining the
open space.
(g)
The design of open space should be sufficient to allow for the
intended use, such as agriculture, natural resource protection, recreation,
stormwater management, etc.
(7)
Evaluation Criteria. The Village Planning and Zoning Commission and
Board shall evaluate proposed conservation subdivisions to determine
whether the proposed conceptual preliminary plan effectively meets
the following criteria:
(a)
The conservation subdivision design should identify and, to
the extent possible, preserve all environmentally sensitive areas.
(b)
The design should create sufficient buffer areas to minimize
conflicts between residential and other uses.
(c)
The development should be visually buffered from existing public
roads, such as by placing lots at the far edges of fields or by a
planting screen consisting of a variety of trees, shrubs, and wildflowers.
(d)
The conservation subdivision design should recognize and preserve
where possible existing hedgerows and tree lines between fields or
meadows, and should minimize impacts on large woodlands (greater than
five acres), especially those containing many mature trees or a significant
wildlife habitat. When any woodland is developed, great care shall
be taken to situate all disturbed areas (for buildings, roads, yards,
septic disposal fields, etc.) in locations where there are no large
trees or obvious wildlife areas, to the fullest extent practicable.
(e)
The conservation subdivision design should leave scenic views
and vistas unblocked or uninterrupted, particularly as seen from public
thoroughfares. In wooded areas where the sense of enclosure is a feature
that should be maintained, a deep "no-build, no-cut" buffer should
be provided to preserve existing vegetation.
(f)
The conservation subdivision design should respect and preserve
sites of historic, archaeological, or cultural significance, and their
environs, insofar as needed to safeguard the character of the feature,
including stone walls, barn foundations, cellar holes, earthworks,
and burial grounds.
(g)
The conservation subdivision should protect rural roadside character
and promote public safety and roadway carrying capacity by avoiding
development fronting directly on or taking access onto collector or
arterial roads.
(h)
If the conservation subdivision design includes a pedestrian
circulation system, it should be designed to assure pedestrian safety,
and consideration should be given to providing a connection to adjoining
properties or pedestrian trail systems.
(i)
The conservation subdivision design should provide open space
that is in a reasonably contiguous configuration. Fragmentation of
open space should be minimized and not divided into numerous small
parcels located in various parts of the development. To the greatest
extent practical, open space should be designed as a single block
with logical, smooth-flowing boundaries. Long thin strips of conservation
land shall be avoided, unless the area needing conservation is linear
or unless such configuration is necessary as a trail connection or
similar corridor.
(j)
Wherever possible, the open space should generally abut or connect
with existing or potential open space land on adjacent parcels (such
as in other subdivisions, public parks, or properties owned by or
leased to private land organizations). Such open space may be designed
as part of a larger contiguous and integrated parkway or system of
trails.
(8)
Ownership of Open Space.
(a)
Ownership Options. Different ownership and management options
may apply to the permanently protected open space created by the development.
The open space shall remain titled as undivided interest in ownership
and may be owned and managed by any of the following options:
1.
Private individual or entity such as the original landowner.
2.
Duly established homeowners association or condominium association
for the development approved by the Village.
3.
Recognized land trust or organization approved and acceptable
to the Village.
4.
Village, Brown County, or other public entity or agency, subject
to acceptance by the applicable unit of government.
(b)
Dedications and Easements. If open space is proposed to be dedicated
to the public it shall first be offered to the Village, and if the
Village does not accept, then to Brown County. The Village may, but
shall not be required to, accept a dedication of open space. Such
dedication shall take the form of a fee simple ownership and there
shall be no cost of acquisition other than any costs incidental to
the transfer of ownership such as title insurance. Land proposed for
dedication shall be accessible to the residents of the Village.
1.
The Village may, but shall not be required to, accept easements
for public use of any portion or portions of undivided open space
land. The Village may require a public land dedication, easement,
or combination thereof, through designated open space to facilitate
trail connections.
(c)
Transfer of Ownership or Easement to a Private Organization.
An owner may transfer open space lands or conservation easements to
a private, nonprofit organization, among whose purposes it is to conserve
open space and/or natural resources, provided that:
1.
The organization is acceptable to the Village and is a bona
fide private organization with perpetual existence;
2.
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and
3.
The developer and the organization enter into a maintenance
agreement acceptable to the Village.
(d)
Failure to adequately maintain the undivided open space in reasonable
order and condition constitutes a violation of this chapter. The Village
is hereby authorized to give notice, by personal service or by United
States mail, to the owner and/or easement holder, of any violation,
directing the owner to remedy the same within 30 days. In the event
of repeated violations, the Board may determine it is necessary to
take on maintenance responsibilities for any common open space established
through this chapter and pursuant to Wisconsin statutes levy a special
assessment on the property for the costs associated with maintaining
the open space.
(1)
Preliminary Consultation. Prior to filing an application for the
approval of a land division, the subdivider shall consult with representatives
of Village Planning staff, Brown County Planning and public utilities,
including sewer and water, to assist the subdivider in planning the
development. The consultation shall take place prior to all land division
reviews and approval. A written confirmation that such consultation
has occurred shall be provided to the Village at the time the preliminary
plat is submitted. The procedure shall be:
(a)
The subdivider shall prepare a "concept" plan of the proposed
land division. The plan should show the basic layout of the streets,
lots, open space and any other proposed developments.
(b)
The subdivider shall then contact the Administrator to make
an appointment to review the plan with Village staff and walk the
site. The subdivider should send a copy of the concept plan to the
Administrator as soon as possible after a meeting date has been established
to give staff time to prepare for the meeting. Village Planning and
Zoning Commission members will be invited to walk the site with the
developer and the staff. During the onsite inspection, the developer
will provide a map showing existing natural features of the site.
(c)
Following the preliminary consultation meeting, the Administrator
or his or her designee will prepare a written report outlining any
comments, concerns and/or suggestions within 10 working days of the
meeting. This report will be sent to the subdivider and surveyor with
copies to the Planning and Zoning Commission, Board, and the Brown
County Planning Department and to any city or village with extraterritorial
plat review jurisdiction.
(2)
Certified Survey Map Procedures. A certified survey map (CSM) shall
be submitted to the Village for review and approval only after the
preliminary consultation has taken place as described herein. Copies
of the proposed CSM shall be submitted to the Administrator.
(a)
Prior to action by the Board, the CSM shall be referred to the
Planning and Zoning Commission for review and recommendation. The
Planning and Zoning Commission shall submit a recommendation to the
Board within 40 days of receipt of the proposed CSM.
(b)
Within 60 days of filing the proposed CSM with the Administrator
(unless such time limit is extended by mutual consent of the Village
and applicant), the Board shall approve, conditionally approve, or
reject the CSM. If conditionally approved or rejected, the applicant
shall be notified in writing of the conditions of approval or reasons
for rejection.
(c)
The review of the proposed CSM shall consider the requirements
of this chapter, the Suamico Zoning Ordinance, the Suamico Comprehensive
Plan, any comments on the concept plan received from the County or
adjacent incorporated communities, and the county trunk and state
highway access control regulations.
(3)
Recording of Certified Survey Map. After the Board has approved the
certified survey map, the subdivider shall record the certified survey
map with the County Register of Deeds in accordance with Wis. Stats.
§ 236.34(2).
(4)
Preliminary Plat Procedures — State and County Plat. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat in accordance with Section 17.08(3) of this chapter. The subdivider shall file with the Administrator copies of the transmittal forms proving that the appropriate number of copies of the preliminary plat have been submitted to the appropriate state and local agencies, utilities and municipalities, along with a letter of application.
(5)
Preliminary Plat Approval — State and County Plat. The objecting
agencies shall, within 20 days of the date of receiving their copies
of the preliminary plat, notify the subdivider and all other approving
and objecting agencies of any objections. If there are no objections,
they shall so certify on the face of a copy of a plat and shall return
that copy to the Planning and Zoning Commission staff. If an objecting
agency fails to act within 20 days, it shall be deemed to have no
objections to the plat.
(a)
The Planning and Zoning Commission and Board shall review the
plat for conformance with this chapter and all other ordinances, rules,
regulations and adopted regional, county and local comprehensive plans
or adopted plan components which affect the plat.
(b)
Prior to action by the Board, the preliminary plat shall be
referred to the Planning and Zoning Commission for review and recommendation.
The Planning and Zoning Commission shall submit a recommendation to
the Board within 60 days of the date of filing of the preliminary
plat with the Administrator.
(c)
The Board shall, within 90 days of the date of filing of the
preliminary plat with the Administrator, approve conditionally or
reject such plat unless the time is extended by agreement with the
subdivider. One copy of the plat shall thereupon be returned to the
subdivider with the date and action endorsed thereon and, if approved
conditionally or rejected, a letter setting forth the conditions of
approval or the reason for the rejection shall accompany the plat.
One copy of the plat and letter shall be placed in the Planning and
Zoning Commission's permanent file.
(d)
Failure of the Planning and Zoning Commission and Board to act
within 90 days of the filing date shall constitute an approval as
provided in Wis. Stats. § 236.11(1)(a).
(e)
Approval or conditional approval of a preliminary plat shall
not constitute automatic approval of the final plat, unless the final
plat is submitted within six months of the preliminary plat approval
and conforms substantially to the preliminary plat layout as indicated
in Wis. Stats. § 236.11(1)(b), the final plat shall be entitled
to approval with respect to such layout.
(6)
Final Plat Procedures. The subdivider shall prepare a final plat in accordance with Section 17.05(4) of this chapter and shall file copies of the transmittal forms indicating that the appropriate number of copies of the final plat have been submitted to the appropriate reviewing agencies as outlined in Section 17.04(4) of this chapter, whichever is applicable, and a letter of application with the Administrator.
(a)
Partial Platting — The final plat may, if permitted by
the Planning and Zoning Commission, constitute only that portion of
the approved preliminary plat that the subdivider proposes to record
at that time.
(7)
Final Plat Approval. The objecting agencies shall, within 20 days
of the date of receiving their copy of the final plat, notify the
subdivider and all other approving and objecting agencies of any objections.
If there are no objections, they shall so certify on the face of a
copy of the plat or by letter and shall return that copy to the Planning
and Zoning Commission. If an objecting agency fails to act within
the 20 days, it shall be deemed to have no objection to the plat.
(Under certain circumstances in accordance with Wis. Stats. Ch. 236,
the Department of Commerce may have 30 days to object.)
(a)
The Planning and Zoning Commission and 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, Village and County comprehensive
plans or plan components which may affect the plat.
(b)
Prior to action by the Board, the final plat shall be referred
to the Planning and Zoning Commission for review and recommendation.
The Planning and Zoning Commission shall submit a recommendation to
the Board within 40 days of the date of filing of the final plat with
the Administrator.
(c)
The Board shall, within 60 days of the date of filing of the final plat with the Administrator, approve, approve conditionally or reject the 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. If the plat is approved, the Board shall not inscribe its approval on the face of the original final plat until the Administrator certifies that copies were forwarded as required by Section 17.04 (4) of this chapter, the date thereof and that no objections have been filed within 20 days or, if filed, have been satisfied.
(d)
Failure of the Planning and Zoning Commission and 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 as
provided in Wis. Stats. § 236.11(2).
(8)
Recording. After the Board and any other approving agencies have
approved the final plat, the subdivider shall record the plat with
the County Register of Deeds in accordance with Wis. Stats. § 236.25.
(9)
Re-Plat. In accordance with Wis. Stats. § 236.36, a re-plat of all or any part of a recorded subdivision, which does not alter areas previously dedicated to the public, may be made by complying with Sections 17.02 - 17.04 of this chapter. When a proposed re-plat involves alteration or vacation of areas previously dedicated to the public, the subdivider shall vacate or alter the recorded plat in accordance with Wis. Stats. § 236.40 and § 236.44.
(10)
Land Divisions within Extraterritorial Jurisdiction. In accordance
with Wis. Stats. Ch. 60, 62, 66, 91, 236 and this subdivision ordinance,
any land division within extraterritorial jurisdiction of the Village
shall be submitted to the Administrator or his or her designee, for
review and approval. The review and approval requirements of such
land division shall comply with all sections of this subdivision ordinance,
with the exception that the approving agent shall be the Administrator
or his or her designee.
(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 Wis.
Stats. § 236.34 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 Village and county or, if part of a recorded
subdivision or certified survey map, the name of the recorded subdivision
or CSM volume and number, Village and County.
(b)
If required by the Village in which the CSM is located, a certificate
of approval by the Village shall appear on the CSM.
(c)
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.
(d)
All tax parcel numbers shall be shown on the CSM in their approximate
relationship.
(e)
All existing structures.
(f)
The location, right-of-way width and name of all existing and
proposed highways, streets, alleys of other public ways.
(g)
Location of section quarter, sixteenth, government or private
claim lines that are within 50 feet of the exterior boundary of the
CSM.
(h)
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.
(i)
Locations of any corporate limit lines within 50 feet of the
exterior boundary of the CSM.
(j)
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.
(k)
When a CSM or plat abuts a controlled access state highway it
shall conform to the requirements of Wisconsin DOT Trans. 233.
(l)
All streams and other water bodies located within the CSM boundary
shall be shown. A building setback line and distance shall also be
shown.
(m)
All wetland areas within the CSM 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.
(3)
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 200 feet to the inch 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.
The Planning and Zoning Commission 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.
(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.
(h)
Water elevations of adjoining lakes and streams at the date
of the survey, approximate high and low water elevation, and FEMA's
100-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.
(k)
Location and invert elevation of any existing sanitary or storm
sewers, culverts and drain pipes, the location of manholes, catch
basins, hydrants and any existing water mains within the exterior
boundaries of the plat or immediately adjacent thereto.
(l)
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,
easements, drives, streams and watercourses, 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, drainage ways, or other public use.
(p)
Radii of all curves.
(q)
Existing zoning and proposed use on and 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)
Wetlands.
(u)
Sewer service area boundary, when applicable.
(4)
Final Plat. General — 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 Wis. Stats. § 236.20, the following:
(a)
Exact street width along the line of any obliquely intersecting
street.
(b)
Setbacks or building lines in accordance with the Suamico and
Brown County Zoning Ordinances.
(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, including all persons holding an interest
in the fee of record or by being in possession,
3.
The mortgagee of record if land is mortgaged,
4.
Brown County Certificate,
5.
Treasurer's Certificates of the Village and County,
6.
Village certificate to include Administrator and Clerk, and
7.
Certificate of any municipality having extraterritorial jurisdiction.
(5)
Deed Restrictions and/or Restrictive Covenants. Any deed restrictions
and/or restrictive covenants attached to the subdivision shall be
filed with and/or placed on the final plat. Placing the Register of
Deeds recording information on the face of the plat is acceptable.
(6)
Surveying and Monumenting. All final plats shall meet all of the
surveying and monumenting requirements of Wis. Stats. § 236.15.
(7)
Brown County Coordinate System. All distances and bearings shall
be referenced to the Brown County Coordinate System.
(1)
General. The Village shall not commence to install any street or
other improvements required by the Village until the Board has approved
the certified survey map and plat or until the Board and Brown County
Planning and Zoning Commission have approved the final plat. Before
recording the final plat with the County Register of Deeds, the subdivider
shall enter into a contract with the Village agreeing to pay for the
full cost to install all required improvements and shall file with
such contract an irrevocable letter of credit meeting the approval
of the Board and reviewed by the Village Attorney as a guarantee that
such improvements will be paid for by the subdivider within the time
limit established by the Board. Such improvements shall include all
or any of the following:
(a)
Subdivisions
lying in a sewer area will be required to have storm sewer, curb and
gutter, sanitary sewer and water main (where available) on all streets;
and sewer, water and storm sewer service laterals to all lots in the
subdivision. The design, size, depth, location and method of financing
of the required improvements shall be determined by the Village Board.
[Added 5-16-2022 by Ord. No. 2022-13[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
(1)(a) through (d) as Subsection (1)(b) through (e), respectively.
(b)
Grading and Surfacing. Grading and surfacing of all streets
and trails proposed to be dedicated in accordance with the construction
standards of the Village.
(c)
Stormwater Drainage Facilities:
1.
Construction of stormwater drainage facilities, which may include
curb and gutters, catch basins and inlets, culverts, storm sewers,
road ditches and open channels as may be required, to provide adequate
surface drainage for the subdivision. A two-percent minimum longitudinal
grade throughout the improvements will be required on all road ditches
and open channel stormwater conveyance systems, unless a reduced grade
is approved by the Public Works and Utilities Commission.
[Amended 5-16-2022 by Ord. No. 2022-13; 10-2-2023 by Ord. No. 2023-11]
2.
Storm drainage facilities, where needed, shall be designed to permit the unimpeded flow of natural watercourses, ensure the drainage of all points along the line of streets and provide positive drainage away from onsite sewage disposal facilities. In designing storm drainage facilities, special consideration shall be given to protection against shoreland erosion and siltation of surface waters and preventing excess water runoff in adjacent property. The Planning and Zoning Commission or Board may require that easements or drainage ways of width sufficient to accommodate anticipated stormwater runoff be provided. All stormwater facilities shall be constructed in accordance with plans and standard specifications as listed in Chapter 10 of the Village Code. All drainage ways and associated structures, other than infiltration basins, shall lie within maintenance easements or within lots, or outlots to be dedicated to the Village. Such easements, lots, or outlots shall be shown on the final plat or certified survey map.
a.
Infiltration basins shall lie within a separate lot or outlot
to be dedicated to the Village.
b.
Access to easements, lots, or outlots dedicated for drainage
ways and associated structures shall be provided by way of access
easements sufficient to allow for conveyance of equipment to conduct
maintenance of drainage ways and associated structures.
(d)
Street Signs. Installation of street signs and traffic control
signs meeting the approval of the Board at all intersections shall
be installed by the Village at the subdivider's expense.
(e)
Street Lighting. Decorative or non-standard street lighting
may only be installed if approved by the Board and the subdivider
enters into an agreement with the Village to pay the costs of maintenance
and power in perpetuity.
(2)
Surface Water Drainage Restrictions. No drainage way contained within
a drainage easement shall be disturbed, except as provided in Sub.
(c), in accordance with the following:
(a)
No artificial obstruction may be constructed, planted or maintained
within any manmade or natural drainage way so that such obstruction
impedes the natural flow of water and/or diminishes the natural aesthetic
quality of the drainage way.
(b)
Lot boundaries shall be made to coincide with new and/or pre-existing
manmade and natural drainage ways to avoid the creation of lots that
can be built upon by altering such drainage ways.
(c)
Surface water shall not be regarded as unduly retained or diverted
if:
1.
The retention or diversion results from a technique, practice
or device deliberately installed as part of an approved sedimentation
or stormwater runoff control plan.
2.
The retention or diversion is not substantially different in
location or degree than that experienced by the development site in
its pre-development stage, unless such retention presents a danger
to health or safety.
3.
The retention or diversion results from the actions of natural
obstructions, whereby maintenance shall be performed by the Village.
4.
The retention or diversion has been allowed or required by the
County Planning Department and noted on the approved drainage plan.
(3)
Stormwater Detention. The intent of this section is to protect property
and structures from damage caused by increased surface water runoff
due to commercial, industrial, and residential development.
(a)
Standards. Stormwater treatment facilities shall be designed
and constructed to meet standards listed in Chapter 10.16 and 10.17
of the Village Code.
(b)
Plan. A stormwater plan shall be submitted as a condition of
final plat and CSM approval. The plan shall be designed, stamped,
and signed by a registered professional engineer. The plan shall include,
but not be limited to, the requirements as outlined in Chapter 10.19
of the Village Code.
(4)
Public Sanitary Sewerage and Private Disposal Systems.
(a)
In areas that have a sanitary sewer system on or near the proposed
land division, the subdivider shall make reasonable efforts to connect
the proposed development with the sanitary sewer system.
(b)
In areas where a sanitary sewer system is not available, onsite
sewage disposal systems utilizing soil absorption fields will be permitted
only when soil tests conducted in accordance with Chapters COMM 85
and/or 83, Wis. Adm. Code, indicate the systems will function adequately.
Such systems must be in compliance with all Village, county and state
regulations.
(5)
Dedication and Reservation of Parkland.
(a)
Whenever a tract of land to be subdivided embraces all or any
part of a street or other public way which has been designated in
adopted regional, county or Village comprehensive plans or adopted
plan components, such public way shall be a part of the plat and either
dedicated or reserved by the subdivider in the locations and dimensions
indicated on such plan as agreed to by the Village and subdivider
at platting.
(b)
Whenever a proposed park, playground, public access, open space
site or other public land other than streets which has been designated
in adopted regional, county or Village comprehensive plans or adopted
plan components is embraced, all or in part, in a tract of land to
be subdivided, such proposed public lands shall be made a part of
the plat and shall either be dedicated to the public or be reserved
for acquisition at fair market value land costs for a period not to
exceed one year from the date of recordation, 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)
In order that adequate land be dedicated, reserved, and preserved
for the development of public parks, recreation, and open space and
to provide for the proper location such sites as the Village develops,
the following provisions shall be established:
1.
The number, size, and location of all dedications shall be subject
to approval by the Planning and Zoning Commission, who shall ascertain
that the proposed sites are suitable for the proposed uses. Such Commission
shall retain the right to refuse any dedication of land found to be
unsuitable.
2.
Where the dedication is incompatible or for other reasons is
infeasible as determined by the Planning and Zoning Commission, the
subdivider shall, in lieu thereof, pay to the Village according to
the zoning classification intended for each dwelling unit in the land
division as specified in the schedule of fees as set from time to
time by resolution of the Board.
3.
After the final plat has been recorded, no lot or parcel shall
be further divided by re-plat, certified survey map or conveyance,
as defined in Wis. Stats. § 706.01(3), unless such further
division shall have been approved by the Planning and Zoning Commission
and payment of the appropriate per lot fee shall have been made for
each additional lot or parcel created by such division.
4.
The development of park and recreation facilities shall be located
in the vicinity of the area from which such funds originated. Park
and recreation facilities, which are created as a result of this section,
shall be owned, operated, and maintained by the Village.
(1)
Street Arrangements. The subdivider shall dedicate land for and improve
streets as provided herein. Streets shall conform to any applicable
official map ordinance in effect. In areas for which an official map
has not been completed, the street layout shall recognize the functional
classification of various street types and shall be developed and
located in proper relation to existing and proposed streets, utilities,
land uses and public convenience and safety. The land division shall
be designed so as to provide each lot with satisfactory access to
a public street as provided herein. The following conditions shall
apply for street arrangement in all proposed land divisions:
(a)
Arterial Street. Arterial streets shall be arranged so as to
provide ready access to centers of employment, high-density residential
areas, centers of government activity, community shopping area, 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 is practicable, continuous and in alignment with existing or planned
streets with which they are to connect.
(b)
Collector Streets. Collector streets shall be arranged so as
to provide 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.
(c)
Minor Streets. Minor streets shall be arranged to conform to
the topography, discourage use by through traffic, permit the design
of efficient storm and sanitary sewerage systems and require the minimum
street area necessary to provide safe and convenient access to abutting
property.
(d)
Proposed Street. Proposed streets shall extend to the boundary
lines of the tract being divided, unless prevented by topography or
other physical conditions or unless, in the opinion of the Board,
such extension is not necessary or desirable for the coordination
of the layout of the land division or for the advantageous development
of adjacent land tracts. Such streets shall terminate with a temporary
turn-around of 65 feet right-of-way radius and a roadway pavement
of not less than 45 feet in radius.
(e)
Arterial Street and Highway Protection. Whenever the proposed
land division 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 non-access reservation
along the rear property line or by the use of frontage streets.
(f)
Reserve Strips. Reserve strips controlling access to streets
or alleys shall be prohibited, except where their control is under
the jurisdiction of Brown County Highway Department.
(g)
Alleys. Alleys may be required in commercial and industrial
districts to provide for off-street loading and service access, but
shall not be approved in residential districts unless required by
unusual topography or other exceptional conditions.
(h)
Street Names. Street names shall not duplicate or be similar
to existing street names; existing street names shall be projected
or continued wherever possible. Brown County Planning Department shall
determine the acceptability of proposed street names.
(2)
Limited Access Highway and Railroad Right-of-Way Treatment. Whenever
the proposed land division contains or is adjacent to a limited access
highway or railroad right-of-way, the design shall provide the following
treatment:
(a)
When residential lots within the proposed land division back
upon the right-of-way of an existing or proposed limited access highway
or railroad, the following restriction shall be placed on the face
of the plat or certified survey map: "Direct vehicular access to (name
of road) from lots abutting such road is prohibited".
(b)
Commercial and industrial districts should provide on each side
of the limited access highway or railroad a street approximately parallel
to and at 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 limited access highway or railroad right-of-way,
when intersecting a major street and highway or collector street which
crosses such railroad or highway, shall be located at a minimum distance
of 250 feet from such 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.
(3)
Street Design Standards.
(a)
Minimum Right-of-Way. The minimum right-of-way of all proposed
streets shall be as specified on any applicable street plan officially
adopted by the Village or, if no width is specified, the minimum right-of-way
width shall be as follows:
|
Type of Street
|
Minimum Right-of-Way
|
|---|---|
|
Arterial Streets
|
100 feet
|
|
Collector Streets
|
80 feet
|
|
Minor Streets
|
70 feet
|
|
Frontage Streets
|
50 feet in addition to the street it adjoins
|
(b)
Minimum Roadway and Surface Widths. Minimum roadway width and
surface width of all new roads shall comply with the Village road
standards contained in Wis. Stats. § 86.26, unless adopted
Village road standards require a greater width. Reference Exhibit
A.[1]
[Amended 5-16-2022 by Ord. No. 2022-13]
[1]
Editor's Note: Exhibit A is on file in the Village offices.
(c)
Cul-de-sacs designed to have one end permanently closed shall
not normally exceed 1,000 feet in length. Such streets shall terminate
in a circular turn-around having a minimum right-of-way radius of
65 feet and a minimum roadway radius of 50 feet.
[Amended 5-16-2022 by Ord. No. 2022-13]
(d)
Street Grades:
1.
Unless necessitated by exceptional topography subject to the
approval of the Board, the minimum centerline grade of any street
or public way shall not exceed the following:
2.
Street grades shall be established, whenever practicable, so
as to avoid excessive grading, the promiscuous removal of ground cover
and tree growth and general leveling of the topography.
(e)
Radii of Curvature. When a continuous street centerline deflects
at any one point by more than 10°, a circular curve shall be introduced
having a radius of curvature on such centerline of not less than the
following:
(f)
Tangents. A tangent at least 100 feet in length shall be provided
between reverse curves on arterial and collector streets.
(g)
Half-Streets. Half-streets shall be prohibited, except where
the other half has already been dedicated or its alignment is shown
on an officially adopted street plan.
(4)
Street Intersections. Streets shall intersect each other as nearly
as possible at right angles and not more than two streets shall intersect
at one point, unless approved by the Board.
(5)
Blocks. The widths, lengths, and shapes of blocks shall be suited
to the planned use of the land, zoning requirements, need for convenient
access, control and safety of street traffic and the limitations and
opportunities of topography.
(a)
Length. Blocks in residential areas should not, as a general
rule, be less than 750 feet nor more than 1,500 feet in length, unless
otherwise dictated.
(b)
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 Board to provide
adequate pedestrian circulation or access to schools, shopping centers,
churches, or transportation facilities.
(c)
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.
(d)
Utility Easements. All utility lines for electric power, cable
television, and telephone service shall be placed underground, except
where lots abut a lake or stream or where such a location is deemed
unfeasible for reasons of groundwater or soils by the utility companies
involved.
(6)
Lots. The size, shape, and orientation of lots shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated. The lots should be designed to provide an architectural
setting for the building contemplated.
(a)
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.
(b)
Double and Reversed Frontage Lots. Double frontage and reversed
frontage lots shall be prohibited, except where necessary to provide
separation of residential development from through traffic or to overcome
specific disadvantages of topography and orientation.
(c)
Access. Every lot shall front or abut a public street and have
direct vehicular access to that public street for a distance set by
the minimum requirements of the Village's Zoning Code of Ordinances.
Direct access does not include the use of easements.
(d)
Lot Area and Dimensions. Area and dimensions of lots shall conform
to the Village Zoning Ordinance and in areas not served by public
sewer shall, in addition, 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 re-dividing of any such parcels
into normal lots in accordance with the provisions of this chapter.
Lots within the shoreland jurisdiction shall conform to the area and
dimension requirements of the Village Zoning, Shoreland and Floodplain
Zoning Ordinances.
(e)
Depth. Lots shall be designed with a suitable proportion between
width and depth. Neither long, narrow nor wide, shallow lots are normally
desirable. The use of "Flag Lots" shall be prohibited, except to overcome
specific topographic or environmental restrictions.
(f)
Width of Lots. Width of lots shall conform to the requirements
of the Village Zoning Ordinance.
(g)
Corner Lots. Corner lots shall be designed with extra width
to permit adequate building setback from both streets.
(7)
Building Setback Lines. Building setback lines shall conform to the
requirements established in the Village Zoning, Shoreland and Floodplain
Zoning Ordinances. Setbacks stated on a recorded plat take precedence
over any Suamico Zoning Ordinance change put in place after the recorded
date of the plat, except if there is a change of use in the property.
(8)
Easements. Where a land division is traversed by a watercourse, drainage
way or stream, an adequate drainage way or easement may be required
to handle stormwater runoff. The Planning and Zoning Commission shall
approve the location, width, alignment and improvement of the drainage
way or easement.
(1)
Commencement. No construction or installation of improvements shall
commence in a proposed land division until the final plat or certified
survey map has been approved by the Village and Brown County.
(2)
Building Permits. No land use permit or building permit shall be
issued for erection of a structure on any lot not of record until
all the requirements of this chapter have been met.
(3)
Fees. The subdivider shall pay the Village all required fees at the
specified time. The schedule of fees shall be as adopted from time
to time by resolution of the Board and is hereby adopted by reference
as if fully set forth herein.
(4)
Inspection. The subdivider, prior to commencement of any work within
the land division, shall make arrangements with the Board to provide
for adequate inspection. The Board shall inspect and approve all completed
work prior to release of the sureties.
(1)
Penalty. Any person who violates, or knowingly allows or permits
any violation of, any provision of this ordinance, shall be subject
to a forfeiture of not less than $25 and not more than $2,500 per
violation. Failure or refusal to pay forfeiture may result in imprisonment
for a period of not more than 90 days for each offense. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues.
(2)
Severability. If a court of competent jurisdiction deems any provision
of this ordinance invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions of the same.
The several sections of this ordinance are declared to be severable.
If any section or portion thereof shall be declared by a decision
of a court of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or portion
thereof directly specified in the court's decision, portions remaining
in the ordinance shall retain the full force and effect thereof.
(3)
Enforcement. Enforcement of this chapter shall be the responsibility
of the Board or its designee, and/or Police Department.
