[Code 1967, § 21.01; Code 1997,
§ 90-1]
In order to promote the public health, safety, morals, and general
welfare; to legally implement and influence the development of the
village; to further the orderly layout and use of land; to facilitate
adequate provision for transportation, water, sewerage, schools, parks,
playgrounds and other public requirements; to lessen congestion in
streets and highways; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; and to facilitate
the further resubdivision of larger tracts into smaller parcels of
land, it shall be the purpose of this chapter to regulate and control
the subdivision of land within the corporate limits and extraterritorial
plat approval jurisdiction of the village. These regulations are made
with reasonable consideration, among other things, of the character
of the village with a view of conserving the value of buildings placed
upon land, providing the best possible environment for human habitation,
and for encouraging the most appropriate use of land throughout the
village.
[Code 1967, § 21.02; Code 1997,
§ 90-2; Ord. No. 05-535, 6-2-2005]
(a)
Regulations
applicable. The provisions contained in Wis. Stats. ch. 236, governing
the subdivision and platting of land, and such other state laws as
may apply and any revisions or amendments thereof enacted by the state
legislature; the rules of the state board of health relating to lot
size and lot evaluation if the subdivision is not served by a public
sewer and provisions for such service have not been made; and the
rules of the state highway commission relating to safety of access
and preservation of the public interest and investment in the streets
if the subdivision abuts on a state trunk highway or connecting street
are all made a part of this chapter with the same force and effect
as if herein set out in full verbatim; except that where the provisions
of this chapter are more restrictive, the provisions of this chapter
shall apply.
(b)
Plats
required. Any division of land within the village or its extraterritorial
plat approval jurisdiction that results in a subdivision as defined
herein shall be, and any other division may be, surveyed and a plat
thereof made, approved and recorded as required by this chapter and
by Wis. Stats. ch. 236. No lot or parcel in a recorded plat shall
be divided, or thereafter used if so divided, without the approval
of the village board.
(c)
Survey. Any division of land other than a subdivision within the village or its extraterritorial plat approval jurisdiction, of which a plat has not been approved and recorded, shall be surveyed and a certified survey map of such division approved and recorded as required by section 119-8 and Wis. Stats. ch. 236.
(d)
Exceptions.
The provisions of this chapter, insofar as it applies to divisions
of less than five parcels, shall not apply to:
(e)
Sewer
connection permission. No land may be divided or combined within the
village, whether by subdivision, certified survey map, plat, or otherwise,
unless with regard to each individual lot resulting from the action
the applicant for land division or combination certifies that permission
for sewer connection is not required pursuant to Milwaukee Metropolitan
Sewerage District ("district") rule 7.13, as amended (regarding new
sewer connections and increased use of existing sewer connections).
Upon request of the applicant, the village shall request such permission
from the district within 60 days. The village shall have no obligation
to undertake any work with regard to its sewers to facilitate the
issuance of the district's permission. The applicant may agree to
cover the costs of any work with regard to village sewers which work
is required for such permission in which case the village shall require
advanced payment, deposit, or financial assurance to ensure that the
necessary work is completed at applicant's expense.
[Code 1967, § 21.03; Code 1997,
§ 90-3]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means a way for vehicular traffic other than an alley.
ALLEY
Means a secondary means of vehicular access to abutting property.
COLLECTOR STREET
Means a street used to collect and carry traffic from minor
streets to major streets, including principal entrance streets to
residential developments.
MAJOR STREET OR HIGHWAY
Means a street used primarily for fast or heavy traffic.
MARGINAL-ACCESS STREET
Means a minor street parallel and adjacent to a major street
or highway that provides access to abutting properties and protection
from through traffic.
MINOR STREET
Means a street used primarily for access to the abutting
properties.
The term "subdivision" means a division of a lot, parcel or
tract of land by the owners thereof or their agents for the purpose
of sale or building development, where:
The term "subdivision" does not include a division of land into
five or more parcels or building sites by a certified survey map.
[Code 1967, § 21.04; Code 1997,
§ 90-4]
(a)
Preliminary
consultation. Previous to filing a preliminary plat, the subdivider
may consult the plan commission and its staff for advice and assistance.
This step does not require formal application, fee, or filing of a
plat with the plan commission.
(b)
Preliminary
plat.
(1)
Before
submitting a final plat for approval, the subdivider shall submit
a preliminary plat and two copies thereof to the village clerk, who
shall forthwith forward the plat to the plan commission for its study
and approval.
(2)
The
plan commission shall refer to the master subdivision plan when considering
preliminary plats submitted for approval. The plan commission will
compare the proposed layout of blocks, and orientation, length and
width of streets, and such other features as may be incorporated in
the plan, with those shown on the master subdivision plan. Whenever
necessary and advisable, the plan commission may authorize duly held
public hearings to permit a variance from the exact design as shown
on the master subdivision plan. After review of the preliminary plat
and negotiations with the subdivider on changes deemed advisable,
the plan commission shall within 90 days of its submission approve,
approve conditionally or reject the plat. The subdivider shall be
notified in writing of any conditions of approval or the reasons for
rejection.
(3)
Approval
of the preliminary plat shall entitle the subdivider to final approval
of the layout shown by such plat if the final plat conforms substantially
to such layout and conditions of approval have been met.
(c)
Final
plat.
(1)
The
final plat and such copies thereof as shall be required shall be submitted
to the village clerk within six months of approval of the preliminary
plat. However, if approval of the preliminary must be obtained from
another approving authority subsequent to approval by the plan commission,
the final plat shall be submitted within six months of such approval.
The plan commission may waive failure to comply with this requirement.
(2)
The
village clerk shall forthwith forward the plat to the plan commission
and shall forward copies of the plat to those persons and agencies
as required by Wis. Stats. § 236.12. The plan commission shall
refer the final plat with its recommendation to the village board
within 30 days of its submission unless the time is extended by the
board. The board shall approve or reject the final plat within 60
days of its submission to the village clerk, unless the time is extended
by agreement with the subdivider. Reasons for rejection shall be stated
in the minutes of the board meeting, and a copy thereof or a written
statement of such reasons shall be supplied the subdivider.
[Code 1967, § 21.05; Code 1997,
§ 90-5]
(a)
General.
No land shall be subdivided for residential use if such land is considered
unsuitable for building purposes by the village board upon recommendation
by the plan commission.
(b)
Streets
and alleys.
(1)
General.
Street layouts shall generally conform to those shown on the master
subdivision plan. In areas for which a master subdivision plan has
not been completed, the streets shall be designed and located in proper
relation to existing and planned streets, to the topography, to such
natural features as streams and tree growth, to public convenience
and safety, and to the proposed uses of the land to be served by such
streets.
(2)
Layout.
a.
Major
streets shall be properly integrated with the existing and proposed
system of major streets and highways, and insofar as practicable shall
be continuous and in alignment with existing, planned or platted streets
with which they are to connect.
b.
Collector
streets shall be properly related to the mass transportation system,
to special traffic generators such as schools, churches, and shopping
centers, and to the major streets into which they feed.
c.
Minor
streets shall be designed to reasonably conform to the topography,
to discourage use by through traffic, to permit efficient storm and
sanitary sewerage systems, and to require the minimum street area
necessary to provide safe and convenient access to abutting property.
d.
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 plan commission such extension is
not necessary or desirable for the coordination of the layout of the
subdivision or for the advantageous development of the adjacent tracts.
e.
Wherever
the proposed subdivision contains or is adjacent to a railroad right-of-way
or limited-access highway, provision shall be made on each side of
such right-of-way for streets approximately parallel to and at a distance
suitable for appropriate use of the land between such streets and
the right-of-way, but not less than 150 feet. Such distance, where
desirable and practicable, shall be determined and with due consideration
of the minimum distance required for the future separation of grades
by means of appropriate approach gradients.
(3)
Protection
of major streets.
a.
Whenever
the proposed subdivision contains or is adjacent to a major street
or highway, adequate protection of residential properties and the
separation of through and local traffic shall be provided as determined
by the village board upon recommendation of the plan commission by:
b.
Alleys
paralleling major streets shall be provided in all business districts
in addition to marginal-access streets when required by the village
board.
(4)
Alleys.
Alleys shall be provided in all business districts for off-street
loading and service access, but will not be approved in residential
areas. Dead-end alleys without proper cul-de-sacs are prohibited.
(5)
Reserve
strips. There shall be no reserve strips controlling access to streets
except where control of such strips is definitely placed in the village
under conditions approved by the plan commission. The subdivision
shall be such as to provide each lot by means of a public street satisfactory
access to an existing public street or highway.
(6)
Intersections.
a.
Streets
shall intersect each other at as nearly right angles as topography
and other limiting factors of good design permit, and no street shall
intersect any other street at less than 60 degrees.
b.
The
number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
c.
The
number of intersections along major streets shall be held to a minimum.
Wherever practicable, the distance between such intersections shall
not be less than 1,200 feet.
d.
Property
lines at street intersections shall be rounded with a minimum radius
of 20 feet where required by the plan commission.
e.
Street
jogs with centerline offsets of less than 125 feet shall be avoided.
(7)
Width.
a.
The
right-of-way and roadway of all streets and alleys shall be of the
width specified on the master subdivision plan or, if no width is
specified there, the minimum widths shall be as follows:
|
Street
|
Right-of-Way
|
|---|---|
|
Major street
|
120 feet, or as required in the Milwaukee County ordinance governing
such widths
|
|
Collector street
|
90 feet
|
|
Minor street
|
60 feet; provided, however, that with respect to subdivisions
approved by the village board after August 1, 1971, the village board
may direct and approve a right-of-way for minor streets of less than
60 feet, but not less than 50 feet
|
|
Alleys
|
30 feet
|
|
Marginal-access street
|
30 feet
|
b.
All
cul-de-sac streets shall terminate in a circular turnaround having
a minimum right-of-way diameter of 100 feet and a minimum roadway
diameter of 60 feet.
c.
If
parkways influenced by topographical features such as streams or lakes,
ravines or hills, or other natural features are to be provided, the
width and location shall be determined by such feature but shall not
in any case be less than 100 feet; and dedication for such parkway
shall be made on the plat.
(8)
Grades.
b.
The
grade of any street shall not exceed ten percent, or be less than
0.5 percent. Grades of pedestrian ways or crosswalks shall not exceed
20 percent unless steps of an acceptable design are to be constructed.
All changes in street grades shall be connected by vertical curves
of a minimum length equivalent in feet to 30 times the algebraic difference
in the rates of grade for major streets and collector streets, and
half of this minimum for all other streets, provided that no curve
of less than 50 feet in length need be used.
(c)
Easements.
(1)
The
plan commission may require easements not to exceed ten feet in extent
on each side of all rear lot lines and on side lot lines or across
lots where necessary or, in the opinion of the plan commission, advisable
for poles, wires, conduits, storm and sanitary sewers, gas, water
and heat mains or other utility lines.
(2)
Where
a subdivision is traversed by a watercourse, drainageway, channel
or stream, a drainage easement shall be provided. The location, width
and alignment of such drainage easement shall be subject to the approval
of the village engineer; and parallel streets or parkways may be required
in connection therewith.
(d)
Blocks.
(1)
The
lengths, widths 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. Block lengths in residential areas shall not be less
than 400 feet in length between street lines unless dictated by exceptional
or other limiting factors of good design.
(2)
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.
(3)
Pedestrian
ways or crosswalks, not less than ten feet in width, shall be provided
near the center and entirely across any block 900 feet or more in
length where deemed essential, in the opinion of the plan commission,
to provide adequate circulation or access to schools, shopping centers,
churches or transportation facilities.
(e)
Lots.
(1)
The
size, shape and orientation of the lot 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 aesthetically
pleasing building site and a proper architectural setting for the
buildings contemplated.
(2)
Every
lot shall front or abut on a public street.
(3)
Lot dimensions shall conform to the requirements of chapter 125, and in no case shall a residential lot have a minimum width of less than 85 feet at the building line and a minimum area of less than 15,000 square feet. Where not served by a public sewer lot, dimensions and areas shall, in addition, conform to the requirements of the state board of health; and in no case shall a residential lot have a minimum area of less than 32,500 square feet.
(4)
Side
lot lines shall be at right angles to straight street lines or radial
to curved street lines on which the lots face.
(5)
Corner
lots shall have a width sufficient to maintain setbacks on both streets.
(6)
In
case a tract is subdivided into parcels containing 30,000 square feet
or more, such parcels shall be arranged as to allow the resubdivision
of any such parcels into normal lots in accordance with the provisions
of this chapter.
(7)
Excessive
depth in relation to width shall be avoided, and a proportion of 2½
to one shall be normally considered as a desirable ratio.
(8)
Lot
lines shall generally follow municipal boundary lines rather than
across them.
(9)
Double-frontage
and reverse-frontage lots shall be avoided, except where necessary
to provide separation of residential development from through traffic
or to overcome specific disadvantages of topography and orientation.
(f)
Public
sites and open spaces. In the design of the plat, due consideration
shall be given to the reservation of suitable sites of adequate area
for future schools, parks, playgrounds and other public purposes.
[Code 1967, § 21.06; Code 1997,
§ 90-6]
(a)
Generally.
Before final approval of the plat, the subdivider shall provide street
and utility improvements in the platted areas as provided in this
section.
(b)
Street
grading and surfacing.
(1)
The
subdivider shall apply to the village board for the preparation of
plan and profile drawings by the village engineer that indicate the
proposed established grades of all streets shown on the plat, and
the cost of such preparation shall be paid by the subdivider to the
village. After approval of these grades by the village board, the
subdivider shall grade or cause to be graded the full width of the
right-of-way of the proposed streets in accordance with the approved
drawings and to the cross-section specified by the village engineer.
(2)
After
completion of the grading, the subdivider shall construct soil cement
base streets and a surface of two seal coat applications in accordance
with standards and specifications established by the village engineer.
If sewer, gas or other subsurface utility lines are to be installed
in the subdivision, the pavement shall not be constructed until after
the utilities are complete and in place.
(3)
After
completion of the grading, the subdivider shall fertilize and seed,
or cause to be fertilized and seeded, all road ditches and back slopes.
The finished grading, surfacing and seeding work shall be inspected
and approved by the village engineer prior to approval of the final
plat by the village board.
(4)
If
such street grading, surfacing and seeding has not been completed
and approved by the village engineer at the date the final plat is
submitted for approval, the subdivider shall file with the plat a
performance bond meeting the approval of the village attorney, or
a certified check in an amount equal to the cost of such street grading
and/or surfacing, as estimated by the village engineer, as a guarantee
that such grading and/or surfacing will be completed after sewer,
gas or other subsurface utility lines have been installed and approved
by the village engineer, and at such time as is directed by the village
board.
(c)
Utilities.
The subdivider shall cause gas, electrical power, telephone and other
distribution facilities to be installed in such a manner as to make
adequate service available to each lot in the subdivision. All such
service shall be located underground. The subdivider shall furnish
plans, specifications and drawings showing the location of all utility
and underground installations. No utility poles shall be permitted
on any land or in any village streets within residentially zoned land.
This subsection shall not apply to those utility poles lawfully erected
prior to May 26, 1966.
(d)
Signs.
(1)
The
village board may require the subdivider at his own expense to provide
directional, regulatory, and identification signs in accordance with
village standards.
(2)
The
village board may also require the subdivider at his own expense to
provide at least one tree of a species acceptable to the village board
at least ten feet in height for each 50 feet of frontage on all streets
proposed to be dedicated. The required trees shall be planted between
the pavement edge and the front lot line in accordance with standards
and specifications approved by the village board.
(e)
Water.
In all lands proposed to be subdivided that create 20 or more lots,
the subdivider shall be required to provide a common water supply
and distribution system for the subdivision at his own expense. Plans
and specifications must be approved by the village engineer and meet
state board of health standards and approval.
(f)
Contract,
bond and assessments. No final plat for the subdivision of land in
the village shall be approved by the village board until the subdivider
enters into a contract with the village agreeing to provide the utility
and street improvements required by this section and in the manner
therein specified and files with the village clerk a surety bond approved
by the village attorney in such amount as the village manager shall
estimate and determine to be necessary to complete all the utility
and street improvements required to be done by the subdivider, which
surety bond shall be executed by the subdivider as principal and a
corporation authorized to so act under the laws of the state as surety,
the same to be payable to the village and to be conditioned upon the
faithful performance by the subdivider of the contract; and the bond
shall be further conditioned to the effect that should the subdivider
fail to complete all work required to be done within a specified reasonable
time, the village may, at its option, cause all uncompleted required
work to be done, and the parties executing the bond shall be firmly
bound for the payment of all necessary costs therefor. All such utility
and street improvements required by this section shall be paid through
special assessments, which may be financed at the election of the
village through general obligation local improvement bonds or special
assessment B bonds. The surety bond required by the foregoing may
be reduced to the extent that the village shall elect to make the
utility and street improvements. The provisions of this subsection
may be waived by the village when the village shall determine that
the plans of financing the improvements by the subdivider makes unnecessary
the filing of the surety bond.
(g)
Sanitary
sewer mains. Where the subdivision is within reasonable access to
the metropolitan sewerage system, the subdivider shall install or
cause to be installed adequate sanitary sewerage facilities including
lateral house connections for each lot extended to the lot line in
accordance with specifications of the Milwaukee Metropolitan Sewerage
District. The subdivider shall apply to the village board for the
preparation of the plans for such sewerage facilities by the village
engineer, and the cost of such preparation shall be paid by the subdivider
to the village. If such sanitary sewerage facilities have not been
completed at the date the final plat is submitted for approval, the
subdivider shall file with the plat a performance bond meeting the
approval of the village attorney, or a certified check in an amount
equal to the cost of such facilities, as estimated by the village
engineer, as a guarantee that such facilities will be completed within
the time required by the village board.
(h)
Stormwater
drainage facilities.
(1)
The
subdivider shall provide adequate stormwater drainage facilities,
including necessary road ditches, culverts, spillways, checks, storm
sewers and catchbasins, and open drainage channels with landscaped
banks. Such facilities shall be of adequate size to hydraulically
accommodate maximum potential volumes of flow, and these size determination
and design details shall be subject to review and approval by the
village engineer.
(2)
If
such drainage facilities have not been completed at the date the final
plat is submitted for approval, the subdivider shall file with the
plat a performance bond meeting the approval of the village attorney,
or a certified check in an amount equal to the cost of such facilities,
as estimated by the village engineer, as a guarantee that such facilities
will be completed within the time required by the village board.
[Code 1967, § 21.07; Code 1997,
§ 90-7]
(a)
Preliminary
plat. The preliminary plat shall be prepared by a registered land
surveyor on tracing cloth or paper of good quality at a scale of not
more than 100 feet to one inch and shall show correctly on its face:
(1)
Date,
scale and north point.
(2)
The
title under which the proposed subdivision is to be recorded.
(3)
The
name and address of the owner, the subdivider, and surveyor preparing
the plat.
(4)
Location
of the proposed subdivision by government lot, quarter section, township,
range and county.
(5)
Exact
length and bearings of the exterior boundaries of the proposed subdivision.
(6)
Location
and names of adjacent subdivisions.
(7)
Zoning
on and adjacent to the proposed subdivision.
(8)
Location,
widths and names of any adjacent existing highways, streets, alleys
or other public ways, easements, railroad and utility rights-of-way,
parks and cemeteries.
(9)
The
approximate location in the adjoining streets or property of any existing
sewers, water mains, culverts, drainpipes, and electric conduits proposed
to be used on the property to be subdivided.
(10)
The location of existing property lines, streets, drives, buildings,
watercourses, utilities, railroads and other similar features within
the tract being subdivided.
(11)
The water elevations of adjoining lakes or streams at the date of
survey, and approximate high and low water elevations, all referred
to metropolitan sewerage commission data.
(12)
When requested by the plan commission, contours at vertical intervals
of not more than five feet where the slope is greater than ten percent
and not more than two feet where the slope is less than ten percent.
Elevations shall be marked on such contours based on metropolitan
sewerage commission data.
(13)
When requested by the plan commission, the preliminary plat shall
be accompanied by profiles showing existing ground surface and proposed
street grades, including extensions for a reasonable distance beyond
the limits of the proposed subdivision. Elevations shall be based
on metropolitan sewerage commission data.
(14)
Location, widths and names of all proposed streets and rights-of-way
such as alleys, and easements, and all parks and other open spaces.
(15)
Approximate dimensions of all lots, together with proposed lot and
block numbers.
(16)
Approximate dimensions of all parcels of land proposed to be dedicated
to public use and the conditions of such dedication if any.
(17)
Proposed building setback lines.
(18)
Approximate radii of all curves and length of tangents.
(19)
When requested by the plan commission, a draft of a protective covenant
whereby the subdivider proposes to regulate land use in the subdivision
and otherwise protect the proposed development.
(b)
Final
plat. The final plat of the subdivision shall comply with the requirements
of Wis. Stats. ch. 236, which is hereby adopted by reference.
[Code 1967, § 21.08; Code 1997,
§ 90-8; Ord. No. 02-497, 9-5-2002]
(a)
Procedure.
For land divisions other than subdivisions, the divider shall file
a certified survey map with the plan commission, which shall within
40 days recommend to the village board approval, conditional approval
or rejection of the map. The village board, within 30 days after the
filing of the recommendation, shall act upon such recommendation and
notify the divider in writing of any conditions of approval or the
reasons for rejection.
(b)
Requirements.
(1)
To
the extent reasonably practicable, the division shall comply with
the provisions of this chapter relating to general requirements and
design standards and required improvements.
(2)
The
survey shall be performed and the map prepared by a registered land
surveyor.
(3)
All
corners shall be monumented in accordance with Wis. Stats. §
236.15(1)(c) and (d).
(4)
The
map shall be prepared in accordance with Wis. Stats. § 236.20(2)(a)—(c),
(e)—(h), and (j)—(l) on durable white paper 8½
inches wide by 12 inches long. All lines shall be made with nonfading
black ink on a scale of not more than 500 feet to an inch.
(c)
Certificates
and affidavits. The map shall include the affidavit of the surveyor
who surveyed and mapped the parcel, typed, lettered or reproduced
legibly with nonfading black ink, giving a clear and concise description
of the land surveyed by bearings and distances, commencing with some
corner marked and established in the U.S. public land survey or some
corner providing reference to a corner marked and established in the
U.S. public land survey. Such affidavit shall include the statement
of the surveyor to the effect that he has fully complied with the
requirements of this chapter. The certificate of approval of the village
board shall be typed, lettered or reproduced legibly with nonfading
black ink on the face of the map.
(d)
Map.
The map shall be filed by the divider for record with the register
of deeds.
(e)
Fee.
The application fee for land divisions other than subdivisions shall
be determined by the village board from time to time by either ordinance
or resolution.
[Code 1967, § 21.10; Code 1997,
§ 90-9]
When in the judgment of the plan commission or the village board
it would be inappropriate to apply literally a provision of this chapter
because the subdivision is located outside the corporate limits or
because extraordinary hardship would result, it may waive or vary
such provisions so that substantial justice may be done and the public
interest secured, providing that in no event shall the requirement
of filing and recording the plat or survey map be waived.
[Code 1967, § 21.11; Code 1997,
§ 90-10]
Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, be punished as provided in section 1-13. In addition, the remedies provided by Wis. Stats. §§ 236.30 and 236.31 shall be available to the village.
