[HISTORY: Adopted by the Town Board of the
Town of Fulton 9-12-1996 as Ch. 8 of the 1996 Code. Amendments noted where applicable.]
A.
Introduction. This chapter is adopted for the purposes
listed in §§ 236.01 and 236.45, Wis. Stats.
(1)
The provisions of this chapter shall be held to be
the minimum requirements adopted to promote the health, safety, morals,
comfort, prosperity and general welfare of the Town of Fulton.
(2)
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever
it imposes stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote
the public health, safety, convenience and general welfare of the
community. The regulations are designed to lessen congestion in the
highways and streets; to foster the orderly layout and use of land;
to secure safety from fire, panic and other dangers; to provide adequate
light and air, including access to sunlight for solar collectors and
to wind for wind energy systems; to discourage overcrowding of the
land; to protect the community's agriculture base; to facilitate adequate
provision for transportation, public water and sewerage, schools,
parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
The regulations are made with the reasonable consideration of, but
not limited to, the present character of the Town and its environs,
with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry, protecting farming
and open spaces, and providing for the most appropriate use of land
in the Town of Fulton.
[Amended 2-8-2011]
It is not intended by this chapter to repeal,
abrogate, annul, impair, or interfere with any existing easements,
covenants, agreements, rules, regulations or permits previously adopted
or issued pursuant to law. However, where this chapter imposes greater
restrictions, the provisions of this chapter shall govern, except
that this chapter shall not impose more restrictive time limits, deadlines,
notice requirements, or other provisions that provide protection for
a subdivider than those in Chapter 236, Wis. Stats.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
and shall be liberally construed in favor of the Town of Fulton and
shall not be deemed a limitation or repeal of any other power granted
by the Wisconsin Statutes.
This chapter shall be known as, referred to,
or cited as the "Town of Fulton Subdivision Chapter" or "Town of Fulton
Land Division and Subdivision Chapter."
The following definitions shall be applicable
in this chapter:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Town. It has a secondary function of
providing access to abutting land and to collector and minor streets.
A bike route completely apart from a street and restricted
to bicycle, pedestrian, and maintenance vehicle traffic.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A line parallel to a lot line and at a distance from the lot line so as to comply with the yard and setback requirements of Chapter 425, Zoning, of the Town Code or any restriction on the plat which identifies a line on the plat as a building setback line. The building setback line shall be substantially parallel to the right-of-way.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
The Planning and Zoning Committee created by the Town Board
pursuant to § 62.23, Wis. Stats.
A comprehensive plan prepared by the Town indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the Town and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A preliminary drawing, made to approximate scale, of a proposed
land division for discussion purposes.
A real estate development in which a condominium form of
ownership pursuant to Ch. 703, Wis. Stats., is utilized.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
Calendar, not working, days.
A street permanently or temporarily closed at one end, with
or without turnarounds.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey.
An open area of land, either in an easement or dedicated
right-of-way, the primary purpose of which is to carry stormwater
on the ground surface in lieu of an enclosed storm sewer. Drainageways
may serve multiple purposes in addition to their principal use, including
but not limited to maintenance, bicycle and pedestrian traffic, sanitary
sewers, water mains, storm sewers, stormwater detention, park development,
and other related uses. Drainageways may also be referred to as "greenways."
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any of the waters of the State of Wisconsin occurring in
a saturated subsurface geological formation or permeable rock or soil.
A street either existing as or proposed to be half of the
required right-of-way width with the intention that the adjoining
half will be platted at the time the adjoining lands are subdivided
or an existing street of which, due to reasons of ownership, only
half of the right-of-way is within the boundaries of a proposed land
division or annexation.
Roof areas, gravel or bituminous surfaces, sidewalks, decks
or other hard-surface areas.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Town may ultimately assume the
responsibility for maintenance and operation.
A division of a parcel of land where the act of division,
including by certified survey, creates fewer than five lots, parcels
or building sites of 35 acres each or less in area.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets, and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building
line.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
An extensively developed plan, map, or other document pertaining
to planning and adopted by the Town Board which may pertain to the
division of lands, including the Comprehensive Development Plan, the
Official Map, comprehensive utility plans, and other planning documents,
including proposals for future land use, transportation, urban redevelopment
and public facilities. Devices for the implementation of these plans,
such as ordinances pertaining to zoning, official map, land division,
and building development and capital improvement plans, shall be considered
as placing documents within this definition.
A street used, or intended to be used, primarily for access
to abutting properties; also referred to as a "local street."
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites, any
one of which is 35 acres in size or less, or the division of a block,
lot or outlet within a recorded subdivision plat into not more than
four parcels or building sites without changing the exterior boundaries
of said block, lot or outlot.
A map indicating the location, width, and extent of existing
and proposed streets, highways, drainageways, parks, playgrounds,
and other facilities, as adopted by the Town Board pursuant to Ch.
62, Wis. Stats.
A parcel of land, other than a lot, so designated on a plat
or certified survey and which is not intended for building or structure
development, in the proposed land division, or is an otherwise undefined
territory in a plat.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these, having
any pecuniary interest in lands regulated by this chapter.
Contiguous lands under the control of a subdivider, whether
or not separated by a combination of streets, exterior subdivision
boundary lines, streams, or other water bodies.
An off-street area suitable to be used for parking a passenger
automobile.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
Includes the plural as well as the singular and may mean
any individual, firm, association, syndicate, partnership, corporation,
trust, or any other legal entity.
A specified area of land comprising one or more contiguous
ownership parcels or building sites for nonresidential uses and which
area is legally limited by a reciprocal land use agreement and plan
of building placement, reciprocal use of off-street parking facilities
and reciprocal use of ingress and egress facilities for each building,
loading and parking site. A planned commercial site must have a plan
and reciprocal land use agreement approved by the Town recorded in
the office of the County Register of Deeds. An approved plan and reciprocal
land use agreement may not be changed without approval by the Town.
No portion of a planned commercial site may include or front on a
street, highway, walkway, parkway, or utility route designated in
the Master Plan or Official Map at the time of initial recording unless
the designated facility is in public ownership or easement.
A form of development characterized by a unified site design
for a number of housing units. The concept usually involves clustering
of buildings, providing common open space, and mixing different types
of housing (single-family, duplexes, and multifamily). Ordinances
permitting planned unit developments permit planning a project and
calculating densities for the entire development rather than on an
individual lot-by-lot basis. It is hereby declared that regulating
planned unit developments require greater involvement by public officials
in site plan review and development aspects of both zoning and land
division regulation since such developments require exceptions from
both types of regulation.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Town for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Planning
and Zoning Committee and Town Board for their consideration as to
compliance with the Comprehensive Development Plan and these regulations
along with required supporting data.
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293,
Wis. Stats., which constitute a restriction on the use of all private
or platted property within a subdivision for the benefit of the public
or property owners and to provide mutual protection against undesirable
aspects of development which would tend to impair stability of values.
A purpose or objective in the Town of Fulton to promote the
general welfare, security, prosperity and contentment of all the inhabitants
of the Town of Fulton.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
A single-family dwelling or part of a duplex, apartment,
or other multiple-family dwelling occupied by one family or one distinct
set of inhabitants or occupants.
A public way dedicated to the public for its intended use.
The standards for setbacks shall be as defined in Chapter 425, Zoning, of the Town Code.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
A device, structure or a part of a device or structure a
substantial purpose of which is to transform solar energy into thermal,
mechanical, chemical or electrical energy.
A public way for pedestrians and vehicular traffic and utility
access, including but not limited to highways, thoroughfares, parkways,
through highways, roads, avenues, boulevards, lanes, places, and courts,
and any pavements, turf, fixtures, facilities, structures, plantings,
signs, and other elements of the right-of-way.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground, excepting public utility
fixtures and appurtenances.
Any person, firm, corporation, agent, partnership, or entity
of any sort who or which divides or proposes to divide or replat land
in any manner, including such heirs and assigns as may be responsible
for the obligations of the subdivider under the provisions of this
chapter.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development where:
A map of a subdivision.
The Town of Fulton, Wisconsin, and, where appropriate, its
Town Board, commissions, committees and authorized officials.
A running stream of water flowing in a definite channel.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions [§ 23.32(1),
Wis. Stats.].
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
A.
Compliance. No person shall divide any land located
within the jurisdictional limits of these regulations which results
in a subdivision, land division, land conveyance, consolidation, or
a replat as defined herein; no such subdivision, land division, land
conveyance, consolidation, or replat shall be entitled to recording;
and no street shall be laid out, nor improvements made to land, nor
building permits issued for any land division, without compliance
with all requirements of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis.
Stats.
(2)
The rules of the Division of Plumbing, Wisconsin Department
of Commerce, contained in Ch. Comm 83, Wis. Adm. Code, for subdivisions
not served by public sewer.
(3)
The rules of the Division of Highways, Wisconsin Department
of Transportation, contained in Ch. Trans 233, Wis. Adm. Code, for
subdivisions which abut a state trunk highway or connecting street.
(4)
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for the Floodplain
Management Program and the Shoreland/Wetlands Management Program.
(5)
Comprehensive plans or components of such plans prepared
by state, regional, county or municipal agencies duly adopted by the
Town Board.
(6)
All applicable and local county regulations, including
zoning, sanitary, building and official mapping ordinances, as they
exist when the plat is submitted.
[Amended 2-8-2011]
(7)
The Town of Fulton Comprehensive Development Plan
and Official Map, or components thereof.
(a)
Whenever a parcel to be subdivided embraces
any part of a street, highway or greenway designated in said Comprehensive
Development Plan or Official Map, such part of such proposed public
way shall be platted and dedicated by the subdivider in the location
and at a width indicated along with all other streets in the subdivision.
(b)
Where a proposed school site or other public
ground shown on the Comprehensive Development Plan or Official Map
of the Town of Fulton is located in whole or in part within the proposed
subdivision, such proposed public ground or park shall be dedicated
to the public when dedication is required by this chapter or reserved
for a period of up to five years from the date of approval of the
final plat for acquisition by the Town of Fulton, Rock County, or
any other appropriate agency having the authority to purchase said
property. The Town, or other agency having the authority to purchase
said property, and the subdivider shall enter into an agreement which
provides for the purchase of the lands held in reserve prior to the
conclusion of the five-year period.
(8)
All applicable rules contained in the Wisconsin Administrative
Code not listed in this subsection.
(9)
Any water rules adopted by the Town Water Utility
District concerning water installations and services which shall be
placed on file with the Public Service Commission of the State of
Wisconsin. These rules are to be incorporated herein by reference
and made a part hereof as though fully set forth herein.
B.
Certified survey. Any division of land other than
a subdivision as defined in § 236.02(12), Wis. Stats., shall
be surveyed and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
C.
Compliance; issuance of permits. The Town of Fulton
shall not recognize, and no building or other permits shall be issued
by the Town authorizing the building on, occupancy, or improvement
of, any parcel of land not on record as of the effective date of this
chapter until the provisions and requirements of this chapter have
been fully complied with and a resolution approving the land division
has been adopted by the Town Board of the Town of Fulton.
D.
Applicability to condominiums. This chapter is expressly
applicable to condominium developments within the Town's jurisdiction,
pursuant to § 703.27(1), Wis. Stats. For purposes of this
chapter, a condominium unit and any associated limited common elements
shall be deemed to be equivalent to a lot or parcel created by the
act of subdivision.
E.
Recording of plats or certified surveys. Plats approved
by the Town Board of the Town of Fulton must be recorded, together
with the adopting resolution, with the Rock County Register of Deeds
within 12 months of the date of the last resolution of approval and
not later than 36 months following the date of the first resolution
of approval. Certified surveys approved by the Town Board of the Town
of Fulton must be recorded, together with the adopting resolution,
with the Rock County Register of Deeds within six months of the date
of the last resolution of approval and not later than 24 months following
the date of the first resolution of approval. Land divisions shall
not be recognized by the Town until recorded with the Register of
Deeds. The volume, page, and document numbers of the recording shall
be filed with the Town Clerk/Treasurer and Building Inspector prior
to issuance of any permits. The subdivider shall file six certified
copies of the approved land division with the Town Clerk/Treasurer.
[Amended 11-13-2007; 2-8-2011]
No land shall be subdivided for residential,
commercial or industrial use which is held unsuitable for such use
by the Town Board, upon the recommendation of the Planning and Zoning
Committee, for reason of flooding, inadequate drainage, adverse soil
or rock formation, unfavorable topography or any other feature likely
to be harmful to the health, safety, or welfare of the future residents
of the proposed subdivision or of the community. The Town Board, in
applying the provisions of this section, shall in writing recite the
particular facts upon which it bases its conclusion that the land
is not suitable for the proposed use and afford the subdivider an
opportunity to present evidence regarding such unsuitability if he
so desires. Thereafter the Town Board upon the recommendation of the
Planning and Zoning Committee may affirm, modify, or withdraw its
determination of unsuitability.
A.
Purpose.
(1)
The Town Board hereby finds that certain issues arise
in condominium developments that require limited applicability of
this chapter to condominium developments. The State Legislature has
recognized that subdivision ordinances may apply to condominiums but
that subdivision ordinances shall not impose burdens upon condominiums
that are different from those imposed on other property of a similar
character not subject to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a
condominium development is the creation of multiple, distinct property
entities at or near the ground surface, subject to property taxation
as separate parcels, with each property entity having different ownership
and management. The Town determines that this factor makes a condominium
development dissimilar, both physically and in ownership, from developments
in which the land and improvements are under unitary ownership, management,
and control.
(3)
Thus, the Town Board hereby finds that new condominium
developments can place impacts on community resources in the same
manner as other new developments which are characterized by division
of land into lots. These impacts include:
B.
Portions of chapter applicable to condominium developments.
The following sections of this chapter shall apply to condominium
developments:
C.
Exceptions. This section shall not apply to the following
condominiums:
It is recommended that, prior to the filing
of an application for the approval of a land division, the land divider
consult with Town staff in order to obtain an understanding of local
planning procedures, regulations and other pertinent information which
may help the land divider secure approval of the land divider's application.
This consultation is neither formal nor mandatory but is intended
to help the land divider and the Town reach mutual conclusions regarding
the general objectives of the proposed development and its possible
effects on the neighborhood and the Town as a whole.
A.
Submission. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The subdivider shall submit 10 copies of the preliminary plat. The preliminary plat shall be prepared in accordance with the standards of this chapter, particularly § 380-17, and the subdivider shall file copies of the plat and the application as required by this section with the Town Clerk/Treasurer at least 10 days prior to the meeting of the Planning and Zoning Committee at which action is desired. The Town Clerk/Treasurer shall submit copies of the preliminary plat to the Planning and Zoning Committee.
B.
Public improvements. Simultaneously with the filing
of the preliminary plat of map, the owner shall file with the Town
Clerk/Treasurer a concept report addressing sewer and water service,
drainage facilities and approximate center-line grades for streets
in the subdivision.
C.
Property owners' association; restrictive covenants.
A draft of the legal instruments and rules for proposed property owners'
associations, when the subdivider proposes that common property within
a subdivision would be either owned or maintained by such an organization
of property owners or a subunit of the Town pursuant to § 236.293,
Wis. Stats., and proposed deed restrictions or restrictive covenants,
shall be submitted at the time of filing the preliminary plat with
the Town Clerk/Treasurer.
D.
Affidavit. The surveyor preparing the preliminary
plat shall certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that he has fully
complied with the provisions of this chapter.
E.
Supplementary data to be filed with preliminary plat.
The following shall also be filed with the preliminary plat:
(1)
Use statement. A statement of the proposed use of
lots stating type of residential buildings with number of proposed
dwelling units and types of business or industry so as to reveal the
effect of the development on traffic, fire hazards and congestion
of population;
(2)
Zoning changes. If any zoning changes are contemplated,
the proposed zoning plan for the areas, including dimensions; and
(3)
Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the subdivider shall comply with the requirements of § 380-17A(5) for the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.
F.
Street plans and profiles. The subdivider shall provide
preliminary street profiles showing existing ground surface, including
extensions for a reasonable distance beyond the limits of the proposed
subdivision when requested.
G.
Soil testing. The subdivider shall also indicate on
the preliminary plat the approximate location and width of existing
street, soil boring data (if required by the Planning and Zoning Committee),
existing and proposed water bodies, original floodplain, wetlands,
railroads, cemeteries, drainage ditches, surface drainageways, detention
or retention areas, bridges, rock outcroppings, areas in excess of
twenty-percent slope and other information required by the Planning
and Zoning Committee. Subdivisions also require topography with two-foot
contour interval or four-foot contour interval when approved by the
Planning and Zoning Committee.
H.
Referral to other agencies and utilities.
(1)
Utilities. The subdivider shall also forward a copy
to the local electric, gas, cable television and telephone utilities.
When the subdivider expects the Town to act as the transmitting authority
in accordance with § 236.12, Wis. Stats., the application
shall state that the transmittal responsibility lies with the Town,
shall contain a list of the other authorities to which the plat must
be submitted, and shall be accompanied by such additional fees and
copies of the plat as are necessary to be transmitted to such authorities.
(2)
County and state agencies. The Town Clerk/Treasurer
shall, within two days after the filing of the preliminary plat, transmit
copies to the County Planning Agency, copies to the Supervisor of
Plat Review in the Wisconsin Department of Administration, additional
copies to the Supervisor of Plat Review for retransmission of copies
to the Wisconsin Department of Transportation if the subdivision abuts
or adjoins a state trunk highway or a connecting street, additional
copies to the Supervisor of Plat Review for retransmission to the
Department of Commerce if the subdivision is not served by a public
sewer and provision for that service has not been made, and an adequate
number of copies to the Planning and Zoning Committee. The County
Planning Agency, the Wisconsin Department of Administration, the Wisconsin
Department of Transportation and the Wisconsin Department of Commerce
shall be hereinafter referred to as "objecting agencies." The Town
Clerk/Treasurer shall also transmit a copy of the preliminary plat
to other affected Town committees or departments for their review
and recommendations concerning matters within their jurisdiction.
[Amended 11-13-2007]
(3)
Action by outside agencies. Within 20 days of the date of receiving the copies of the preliminary plat, any state or county agency having authority to object under Subsection H(2) above shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if all objections have been satisfied, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, it shall be deemed to have no objection to the plat. The recommendations of Town agencies shall also be transmitted to the Planning and Zoning Committee within 20 days from the date the plat is filed.
A.
Committee action. The Planning and Zoning Committee
shall, within 40 days of the date the preliminary plat was filed with
the Town Clerk/Treasurer, recommend approval, conditional approval
or rejection of the preliminary plat and shall transmit the preliminary
plat and application along with its recommendation to the Town Board.
B.
Board action.
(1)
The Board shall, within 90 days of the date the preliminary
plat was filed with the Town Clerk/Treasurer, approve, approve conditionally,
or reject such preliminary plat and shall state, in writing, any conditions
of approval or reasons for rejection, unless the time is extended
by agreement with the subdivider. Failure of the Town Board to act
within 90 days or extension thereof shall constitute an approval of
the preliminary plat, unless authorized agencies object to the plat.
The Town Clerk/Treasurer shall communicate to the subdivider the action
of the Town Board If the preliminary plat is approved, the Town Clerk/Treasurer
shall endorse it for the Town Board.
(2)
Upon approval of the preliminary plat, the Town Board
shall refer copies of the preliminary plat as approved to the Town
Clerk/Treasurer. An abstract of title or registered property report
may be referred to the Town Attorney for his examination and report.
C.
Preliminary plat amendment. Should the subdivider
desire to amend the preliminary plat as approved, he may resubmit
the amended plat which shall follow the same procedure outlined herein,
unless the amendment is, in the opinion of the Planning and Zoning
Committee or the Town Board, of such scope as to constitute a new
plat, in which such case it shall be refiled.
A.
Filing requirements.
(1)
The subdivider shall prepare a final plan and a letter
of application in accordance with this chapter and shall file 20 copies
of the plat and the application with the Town Clerk/Treasurer at least
21 days prior to the meeting of the Planning and Zoning Committee
at which action is desired. The owner or subdivider shall file 20
copies of the final plat not later than 36 months after the date of
approval of the preliminary plat; otherwise, the preliminary plat
and final plat will be considered void unless an extension is granted
by the Town. The owner or subdivider shall also submit at this time
a current certified abstract of title or registered property report
and such other evidence as the Town Attorney may require showing title
or control in the applicant. A written transmittal letter shall identify
all substantial changes that have been made to the plat since the
preliminary plat. When the subdivider expects the Town to act as the
transmitting authority in accordance with § 236.12, Wis.
Stats., the application shall state that transmittal responsibilities
lie with the Town and shall contain a list of other authorities to
which the plat must be subjected and shall be accompanied by such
additional fees and copies of the plat as are necessary to be transmitted
to such authorities.
[Amended 11-13-2007; 2-8-2011]
(2)
If the Town is acting as the transmitting authority,
the Town Clerk/Treasurer shall, within two days after filing, transmit
copies to the County Planning Agency, copies to the Supervisor of
Plat Review in the Wisconsin Department of Administration, additional
copies to the Supervisor of Plat Review for retransmission of copies
to the Wisconsin Department of Transportation if the subdivision abuts
or adjoins a state trunk highway or a connecting street, additional
copies to the Supervisor of Plat Review for retransmission to the
Department of Commerce if the subdivision is not served by a public
sewer and provision for that service has not been made, copies to
all affected Town boards, commissions and committees, and the original
final plat and adequate copies to the Planning and Zoning Committee.
The County Planning Agency, the Wisconsin Department of Administration,
the Wisconsin Department of Transportation and the Wisconsin Department
of Commerce shall be hereinafter referred to as "objecting agencies."
[Amended 11-13-2007]
(3)
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and
state laws and shall be submitted for certification of those agencies
having the authority to object to the plat as provided by § 236.12(2).
(4)
The Town Clerk/Treasurer shall refer copies of the
final plat to the Planning and Zoning Committee.
B.
Planning and Zoning Committee review.
(1)
The Planning and Zoning Committee shall examine the
final plat as to its substantial conformance with the approved preliminary
plat, any conditions of approval of the preliminary plat, this chapter
and all applicable ordinances, rules, regulations, comprehensive plans
and comprehensive plan components which may affect it and shall recommend
approval, conditional approval, or rejection of the plat to the Town
Board. The conclusions and recommendations of the Planning and Zoning
Committee shall be part of the record of the proceeding at which the
final plat is considered by the Town Board. Such conclusions and recommendations
of the Planning and Zoning Committee need not be submitted to the
Town Board in writing.
[Amended 2-8-2011]
(2)
The objecting state and county agencies shall, within
20 days of the date of receiving their copies of the final plat, notify
the subdivider and all other approving and objecting agencies of any
objections, except that the Wisconsin Department of Administration
has 30 days in which to make objections. If there are no objections,
they shall so certify on the face of the copy of the plat and shall
return that copy to the Town. If an objecting agency fails to act
within 20 days, it shall be deemed to have no objection to the plat.
(3)
If the final plat is not submitted within 36 months
of the last required approval of the preliminary plat, the Planning
and Zoning Committee may refuse to approve the final plat.
[Amended 11-13-2007; 2-8-2011]
(4)
The Planning and Zoning Committee shall, within 45
days of the date of filing of the final plat with the Town Clerk/Treasurer,
recommend approval, conditional approval or rejection of the plat
and shall transmit the final plat and application along with its recommendations
to the Town Board. The Planning and Zoning Committee may hold the
matter in abeyance if there is incomplete or inadequate information.
C.
Board review and approval.
(1)
The Town Board shall, within 60 days of the date of
filing the original final plat with the Town Clerk/Treasurer, approve
or reject such plat unless the time is extended by agreement with
the subdivider. If the plat is rejected, the reasons shall be stated
in the minutes of the meeting and a written statement of the reasons
forwarded to the subdivider. The Town Board may not inscribe its approval
on the final plat unless the Town Clerk/Treasurer certifies on the
face of the plat that the copies were forwarded to objecting agencies
as required herein, the date thereof and that no objections have been
filed within 20 days or, if filed, have been met.
(2)
The Town Board shall, when it determines to approve
a final plat, give at least 10 days' prior written notice of its intention
to the municipal clerk of any municipality within 1,000 feet of the
final plat.
(3)
Failure of the Town Board to act within 60 days, the
time having not been extended by mutual written agreement and no unsatisfied
objections having been filed, the plat shall be deemed approved.
D.
Recordation. After the final plat has been approved
by the Town Board, required improvements are either installed or a
contract and sureties insuring their installation is filed, all outstanding
special assessments have been made, and all other fees required by
this chapter have been paid to the Town, the Town Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat returned to the subdivider
for recording with the County Register of Deeds. In the event the
Town Clerk-Treasurer is unavailable through resignation, temporary
disability or other cause, the Town Chair is authorized to cause the
certificate to be inscribed upon the plat attesting to such approval
to be duly executed. The Register of Deeds cannot record the plat
unless it is offered within 12 months from the date of last approval
and within 36 months after the date of first approval. Recording fees
shall be paid by the subdivider.
[Amended 11-9-2006; 2-8-2011]
E.
Final copies. The subdivider shall file 10 copies
of the final plat as approved with the Town Clerk/Treasurer for distribution
to the approving agencies, affected utilities and other affected agencies
for their files. One mylar copy shall also be filed with the Town
Clerk/Treasurer.
F.
Partial platting. The final plat may, if permitted
by the Planning and Zoning Committee, constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at the time.
A.
Use of certified survey map.
(1)
A certified survey map prepared and recorded in accordance with § 236.34, Wis. Stats., and the requirements of § 380-19 and having been approved by the Town Board may be used in lieu of a subdivision plat to divide or consolidate lands, or dedicate lands, provided that one of the following conditions is met:
(a)
The division or consolidation is of any lot,
outlot, parcel, or other lands previously approved by the Town and
recorded with the Rock County Register of Deeds as a subdivision plat,
certified survey, or Assessor's plat, of any size, which results in
not more than four lots, outlots, parcels, or mortgage descriptions
being created by any division or successive division, regardless of
any changes in ownership, within any five-year period; or
(b)
The division or consolidation is of any lot,
outlot, parcel, or other lands previously recorded with the Rock County
Register of Deeds, including those recorded by a metes and bounds
description, provided that any of the resulting parcels are not less
than 35 acres in size, and which results in not more than four lots,
outlots, parcels, or mortgage descriptions being created by any division
or successive division, regardless of changes of ownership, within
any five-year period.
(2)
In the event a proposed land division does not meet
the above requirements, the proposed land division must be pursued
as a subdivision plat.
(3)
The certified survey map shall include the entire
original parcels of land owned or controlled by the subdivider, including
those proposed for division or consolidation. The subdivider shall
comply with all requirements of this chapter when a certified survey
map is used. A certification of the approval of the certified survey
map by the Town Board shall be inscribed legibly on the face of the
map. A certificate of the Town Clerk/Treasurer stating that there
are no unpaid special assessments or taxes on the lands shall be included
on the certified survey map.
B.
Submission. Before submitting a final certified survey
map for approval, the applicant for land division shall prepare a
preliminary certified survey map and a letter of application with
the Town Clerk/Treasurer. The applicant for land division shall file
20 copies of the preliminary certified survey map.
C.
Referral to Planning and Zoning Committee. The Town
Clerk/Treasurer shall, within two normal workdays after filing, transmit
the copies of the preliminary certified survey map and letter of application
to the Planning and Zoning Committee.
D.
Review and approval. The Planning and Zoning Committee
shall, within 40 days from the date of filing of the preliminary certified
survey map, recommend approval, conditional approval or rejection
of the map and shall transmit the preliminary certified survey map
along with its recommendations to the Town Board. The Town Board shall,
within 90 days of the date the preliminary certified survey map was
filed with the Town Clerk/Treasurer, approve, approve conditionally
or reject such preliminary certified survey map and shall state, in
writing, any conditions of approval or reasons for rejection, unless
the time is extended by agreement with the applicant for land division.
The Town Clerk/Treasurer shall communicate to the applicant for land
division the action of the Town Board. If the preliminary certified
survey map is approved, the Town Clerk/Treasurer shall endorse it
for the Town Board.
E.
Effect of preliminary certified survey map approval.
Approval or conditional approval of a preliminary certified survey
map shall entitle the final certified survey map to approval provided
the final certified survey map conforms substantially to the preliminary
certified survey map, including any conditions of that approval, conforms
to applicable local ordinances, and is submitted within 24 months
of the last required approval of the preliminary certified survey
map. If the preliminary certified survey map is approved, the final
certified survey map must be approved by the Town Board within 24
months of the preliminary plat or the preliminary certified survey
map approval is void. Previous certified survey map approval shall
not constitute grounds for approval upon resubmission.[1]
F.
Preliminary certified survey map amendment. Should
the applicant for a land division desire to amend the preliminary
certified survey map as approved, he may resubmit the amended map,
which shall follow the same procedure outlined herein, unless the
amendment is, in the opinion of the Planning and Zoning Committee
or Town Board, of such scope as to constitute a new map, in which
such case it shall be refiled.
G.
Filing requirements for final certified survey map.
(1)
The applicant for the land division shall prepare
a final certified survey map and a letter of application in accordance
with this chapter and shall file 20 copies with the Town Clerk/Treasurer
at least 21 days prior to the meeting of the Planning and Zoning Committee
at which action is desired. The applicant for land division shall
file 20 copies of the final certified survey map not later than 24
months after the date of the approval of the preliminary certified
survey map; otherwise the preliminary certified survey map and final
certified survey map will be considered void unless an extension is
requested in writing by the applicant for land division and for good
cause granted by the Town. The owner or applicant for the land division
may also be required to submit at this time a current certified abstract
of title or registered property report and such other evidence as
the Town Attorney may require showing title or control in the applicant.
A written transmittal letter shall identify all substantial changes
that have been made to the map since the preliminary certified survey
map.[2]
(2)
The final certified survey map shall conform to the
preliminary certified survey map as approved and to the requirements
of all applicable ordinances and state laws.
(3)
The Town Clerk/Treasurer shall refer copies of the
final certified survey map to the Planning and Zoning Committee.
H.
Planning and Zoning Committee review.
(1)
The Planning and Zoning Committee shall examine the
final certified survey map as to its conformance with the approved
preliminary certified survey map, any conditions of approval of the
preliminary certified survey map, this chapter and all applicable
ordinances, rules, regulations, comprehensive plans and comprehensive
plan components that shall be affected and shall recommend approval,
conditional approval or rejection of the map to the Town Board.
(2)
If the final certified survey map is not submitted
within 24 months of the last required approval of the preliminary
certified survey map, the Planning and Zoning Committee may refuse
to approve the final certified survey map.[3]
(3)
The Planning and Zoning Committee shall, within 30
days from the date of the filing of the final certified survey map
with the Town Clerk/Treasurer, recommend approval, conditional approval,
or rejection of the map and shall transmit the final map and application
along with its recommendations to the Town Board. The Planning and
Zoning Committee may hold the matter in abeyance if there is incomplete
or inadequate information.
I.
Board review and approval.
(1)
The Town Board shall, within 60 days of the date of
the filing of the original final certified survey map with the Town
Clerk-Treasurer, approve or reject such map unless the time is extended
by agreement with the applicant for a land division. If the map is
rejected, the reason shall be stated in the minutes of the meeting
in a written statement of the reasons forwarded to the applicant for
a land division. If the map is approved, the Town Board shall cause
the Town Clerk-Treasurer to so certify on the face of the original
map and return the map to the subdivider. In the event the Town Clerk-Treasurer
is unavailable due to resignation, temporary disability or other cause,
the Town Chair is authorized to certify on the face of the original
map that said map was approved by the Town Board and return the map
to the subdivider.
[Amended 11-9-2006]
(2)
Failure of the Town Board to act within 60 days, the
time having not been extended by mutual written agreement and no unsatisfied
objections having been filed, the map shall be deemed approved.
A.
Except as provided in § 70.27(1), Wis. Stats.,
when it is proposed to replat a recorded subdivision, or part thereof,
so as to change the exterior boundaries of a recorded subdivision,
or part thereof, the subdivider or person wishing to replat shall
vacate or alter the recorded plat as provided in §§ 236.40
through 236.44, Wis. Stats. The subdivider or person wishing to replat
shall then proceed, using the approval procedures for preliminary
and final plats prescribed in this chapter.
B.
Whenever a preliminary plat of a replat is filed,
the Planning and Zoning Committee shall schedule and hold a public
hearing before it acts on the plat. Notices of the proposed replat
and public hearing shall be published as a Class 3 notice and be mailed
at the subdivider's expense to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 200 feet of the proposed replat.
C.
Whenever an approved final plat is submitted for reapproval
within six months of the initial resolution approving the plat, and
which is substantially in conformance with the approved plat, and
which has not been recorded with the Register of Deeds, said plat
shall be reapproved by the Town Board. No final plats shall be reapproved
by the Town Board following the expiration of the six-month period.
Such plats shall be submitted as a new plat. All previous approvals
shall be null and void and shall have no further bearing on the subsequent
review and approval of the plat by the Town.
D.
Where lots are more than double the minimum size required
for the applicable zoning district, the Planning and Zoning Committee
may require that such lots be arranged so as to allow resubdivision
of such parcels into normal lots in accordance with the provisions
of this chapter.
A.
A preliminary plat, final plat or certified survey
shall not be approved unless the Planning and Zoning Committee and
the Town Board determine that adequate public facilities and public
services will be available to meet the needs of the proposed land
division and that no public funds other than those already provided
in an adopted capital or operating budget are required.
B.
The applicant shall furnish any data requested by
the Town Clerk/Treasurer, who shall transmit this information to the
appropriate commission(s), committee(s) and staff for review; the
Town Clerk/Treasurer shall act as coordinator of the reports from
staff to the Planning and Zoning Committee and Town Board on the adequacy
of water, sanitary and storm sewers, fire service, police, parks and
open space and recreation facilities, transportation facilities, traffic
counts, and schools.
C.
Where the Planning and Zoning Committee or the Town
Board determines that one or more public facilities or services are
not adequate for the proposed development, but that a portion of the
area could be served adequately, or that careful phasing of the development
could result in all public facilities and public services being adequate,
conditional approval may include only such portions or may specify
phasing of the development.
D.
No land shall be divided which has been officially
mapped as public lands stormwater management facility or is determined
by the Town Board to be unsuitable for use by reason of flooding,
bad drainage, soil or rock formations with severe limitations for
development, severe erosion potential or unfavorable topography, or
any other feature likely to be harmful to health, safety or welfare
of future residents or landowners in the proposed land division or
of the community.
A.
The purpose of requiring approvals under this chapter
is to ensure the health, safety, morale, comfort, prosperity and general
welfare of the Town of Fulton. This chapter shall not be interpreted
as placing any responsibility or liability on any Town official, Town
employee or the Town as a municipal corporation for the granting of
approval or the denial of any approval. All approvals rendered as
part of this chapter shall be considered as being approved conditionally
based on the information and circumstances apparent at that time.
B.
Approvals issued by the Town shall not be construed
as an assumption or expression of any responsibility, warranty or
guarantee for the design or construction of any improvements within
the land division.
A.
General. 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 mylar or paper of good quality
at a scale of not more than 100 feet to the inch and shall show correctly
on its face the following information:
(1)
Title under which the proposed subdivision is to be
recorded, which name shall not duplicate or be alike in pronunciation
of the name of any plat heretofore recorded in the Town unless considered
an addition to the subdivision.
(2)
Legal description/location of the proposed subdivision
by government lot, quarter section, township, range, county and state.
(3)
Date, scale and North point.
(4)
Names, telephone numbers, and addresses of the owner
and any agent having control of the land, engineer, subdivider, and
land surveyor preparing the plat.
(5)
Entire area contiguous to the proposed plat owned
or controlled by the subdivider shall be required by the Planning
and Zoning Committee or Town Board to be included on the preliminary
plat even though only a portion of said area is proposed for immediate
development. Where a subdivider owns or controls adjacent lands in
addition to those proposed for development at that time, he shall
submit a concept plan for the development of the adjacent lands showing
streets, utilities, zoning districts, and other information as may
affect the review of the preliminary plat in question. The Planning
and Zoning Committee or Town Board may waive these requirements where
adjacent development patterns have already been established.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries
of the proposed subdivision referenced to a corner established in
the United States Public Land Survey and the total acreage encompassed
thereby.
(2)
Locations of all existing properly boundary lines,
structures, drives, streams and watercourses, marshes, rock outcrops,
wooded areas, railroad tracks and other significant features within
the tract being subdivided or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing
streets, alleys or other public ways, easements, railroad and utility
rights-of-way and all section and quarter section lines within the
exterior boundaries of the plat or immediately adjacent thereto.
(4)
Location and names of any adjacent subdivisions, parks
and cemeteries and owners of record of abutting unplatted lands.
(5)
Type, width and elevation of any existing street pavements
within the exterior boundaries of the plat or immediately adjacent
thereto, together with any legally established center-line elevations.
(6)
Location, size and invert elevation of any existing
sanitary or storm sewers, culverts and drain pipes, the location of
manholes, catch basins, hydrants, and electric and communication facilities,
whether overhead or underground, and the location and size of any
existing water and gas mains within the exterior boundaries of the
plat or immediately adjacent thereto. If no sewers or water mains
are located on or immediately adjacent to the tract, the nearest such
sewers or water mains which might be extended to serve the tract shall
be indicated by the direction and distance from the tract, size and
invert elevations.
(7)
Corporate limit lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior boundaries of the plat
and extending to the center line of adjacent public streets to national
map accuracy standards based upon mean sea level datum at vertical
intervals of not more than one foot. At least two permanent bench
marks shall be located in the immediate vicinity of the plat; the
location of the bench marks shall be indicated on the plat, together
with their elevations referenced to mean sea level datum, and the
monumentation of the bench marks clearly and completely described.
(10)
High-water elevation of all ponds, streams,
lakes, flowages and wetlands within the exterior boundaries of the
plat or located within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the plat or
located within 100 feet therefrom at the date of the survey.
(12)
Floodland and shoreland boundaries and the contour
line lying a vertical distance of two feet above the elevation of
the one-hundred-year recurrence interval flood or, where such data
is not available, two feet above the elevation of the maximum flood
of record within the exterior boundaries of the plat or within 100
feet therefrom.
(13)
Location, width and names of all proposed streets
and public rights-of-way, such as alleys and easements.
(14)
Approximate dimensions of all lots together
with proposed lot and block numbers. The area in square feet of each
lot shall be provided.
(15)
Location and approximate dimensions of any sites
to be reserved or dedicated for parks, playgrounds, drainageways or
other public use.
(16)
Approximate radii of all curves.
(17)
Any proposed lake and stream access with a small
drawing clearly indicating the location of the proposed subdivision
in relation to access.
(18)
Any proposed lake and stream improvement or
relocation and notice of application for approval by the Division
of Environmental Protection, Department of Natural Resources, when
applicable.
(19)
Soil tests and reports as may be required by
the Town Planning and Zoning Committee or Town Board for the design
of roadways, storm drainage facilities, on-site sewage disposal systems,
erosion control facilities, and/or other subdivision improvements
and features. Soil reports shall indicate depth to groundwater.
(20)
Design features.
(a)
Locations and widths of proposed alleys, pedestrianways
and utility easements.
(b)
Layout numbers and preliminary acreages and
dimensions of lots and blocks.
(c)
Minimum front, rear, side, and street yard building
setback lines.
(d)
Proposed contours within the exterior boundaries
of the plat and extending to the center line of adjacent public streets
to national map accuracy standards based on mean sea level datum at
vertical intervals of not more than one foot.
(e)
Location, size and grade of proposed sanitary
sewer mains.
(f)
Gradients of proposed streets, including center-line
profiles.
(g)
Areas, other than streets, alleys, pedestrianways
and utility easements, intended to be dedicated or reserved for public
use, including the size of such area or areas in acres.
(h)
Location and description of survey monuments.
(i)
An identification system for the consecutive
numbering of all blocks and lots within the subdivision.
(j)
Sites, if any, to be reserved for parks or other
public uses.
(k)
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings.
(l)
Drainage flows. The subdivider shall cause to
be set upon the final plat arrows indicating the directions of drainage
flows for each property line not fronting on a street on all parcels
and along each street as will result from the grading of the site
or the construction of the required public improvements or which are
existing drainage flows and will remain. The arrows indicating the
direction of flows shall be appropriately weighted so as to differentiate
between the minor (ten-year event) and major (one-hundred-year event)
drainage components.
(m)
Potential resubdivision and use of excessively
deep (over 200 feet) or oversized lots must be indicated in a satisfactory
manner.
(n)
Any wetlands, floodplains, or environmentally
sensitive areas provided for by any local, state or federal law.
(21)
Where the Planning and Zoning Committee or Town
Board finds that it requires additional information relative to a
particular problem presented by a proposed development in order to
review the preliminary plat, it shall have the authority to request
in writing such information from the subdivider.
C.
Additional information. The Planning and Zoning Committee,
Town Board or Town officials may require a proposed subdivision layout
of all or part of the contiguously owned land even though division
is not planned at the time.
A.
General. A final plat prepared by a registered land
surveyor shall be required for all subdivisions. It shall comply in
all respects with the requirements of § 236.20, Wis. Stats.,
and this chapter.
B.
Additional information. The final plat shall show
correctly on its face, in addition to the information required by
§ 236.20, Wis. Stats., the following:
(1)
Exact length and bearing of the center line of all
streets.
(2)
Exact street width along the line of any obliquely
intersecting street.
(3)
Exact location and description of utility and drainage
easements.
(4)
Railroad rights-of-way within and abutting the plat.
(5)
All lands reserved for future public acquisition or
reserved for the common use of property owners within the plat.
(6)
Special restrictions required by the Town Board relating
to access control along public ways or to the provision of planting
strips.
(7)
Taxes. Certifications by attached information showing
that all taxes and special assessments currently due on the property
to be subdivided have been paid in full.
(8)
Drainage flows. The subdivider shall cause to be set
upon the final plat arrows indicating the directions of drainage flows
for each property line not fronting on a street on all parcels and
along each street as will result from the grading of the site or the
construction of the required public improvements or which are existing
drainage flows and will remain. The arrows indicating the directions
of flows shall be appropriately weighted so as to differentiate between
the minor (ten-year event) and major (one-hundred-year event) drainage
components. The arrows shall be accompanied on the plat with the following
note: "Arrows indicate the direction of drainage flows in various
components resulting from site grading and the construction of required
public improvements. The drainage flow components located in easements
shall be maintained and preserved by the property owner."
(9)
Groundwater presence. Where the groundwater table
is equal to or less than nine feet from the proposed street center-line
elevation, the subdivider shall place the following note on the plat:
"Subsoil information indicates the presence of groundwater conditions
that may require basement elevations on lot(s) to be at elevation
or higher, or that a modified structural plan of the structure's foundation
shall be submitted to the Building Inspector for approval with the
application for a building permit as required information. The elevation
of the basement as described in the paragraph to be placed on the
plat shall be a minimum of two feet higher than the elevation of the
groundwater table."
(10)
Dimensions of lot lines shall be shown in feet
and hundredths; no ditto marks shall be permitted. When lot lines
are not at right angles to the street right-of-way line, the width
of the lot shall be indicated at the building setback line in addition
to the width of the lot at the street right-of-way line.
(11)
A numbered identification system for all lots
and blocks.
C.
Deed restrictions. Restrictive covenants and deed
restrictions for the proposed subdivision shall be filed with the
final plat.
D.
Property owners' association. The legal instruments
creating a property owners' association for the ownership and/or maintenance
of common lands in the subdivision shall be filed with the final plat.
E.
Survey accuracy.
(1)
Examination. The Town Board and Planning and Zoning
Committee or their designees shall examine all final plats within
the Town of Fulton and may check for the accuracy and closure of the
survey, the proper kind and location of monuments, and legibility
and completeness of the drawing.
(2)
Maximum error of closure. Maximum error of closure
before adjustment of the survey of the exterior boundaries of the
subdivision shall not exceed, in horizontal distance or position,
1:5,000, nor in azimuth, four seconds of arc per interior angle. If
field measurements exceed this maximum, new field measurements shall
be made until a satisfactory closure of the field measurements has
been obtained; the survey of the exterior boundary shall be adjusted
to form a closed geometric figure.
(3)
Street, block and lot dimensions. All street, block
and lot dimensions shall be computed as closed geometric figures based
upon the control provided by the closed exterior boundary survey.
If checks disclose an error for any interior line of the plat greater
than 1:3,000, or an error in measured angle greater than one minute
of arc for any angle where the shorter side forming the angle is 300
feet or longer, necessary corrections shall be made. Where the shorter
side of a measured angle is less than 300 feet in length, the error
shall not exceed the value of one minute multiplied by the quotient
of 300 divided by the length of the shorter side; however, such error
shall not in any case exceed five minutes of arc.
F.
Surveying and monumenting. All final plats shall meet
all the surveying and monumenting requirements of § 236.15,
Wis. Stats.
G.
State plane coordinate system. All distances and bearings
shall be referenced to the Wisconsin Coordinate System, South Zone.
H.
Certificates. All final plats shall provide all the
certificates required by § 236.21, Wis. Stats., and, in
addition, the surveyor shall certify that he has fully complied with
all the provisions of this chapter.
A.
Certified survey requirements. When it is proposed
to divide land into not more than four parcels or building sites,
any one of which is less than four acres in size, or when it is proposed
to divide a block, lot or outlot into not more than four parcels or
building sites within a recorded subdivision plat without changing
the exterior boundaries of the block, lot or outlot, the subdivider
shall subdivide by use of a certified survey map, prepared in accordance
with § 236.34, Wis. Stats., and this chapter.
B.
Additional information. The certified survey map shall
show correctly on its face, in addition to the information required
by § 236.34, Wis. Stats., the following:
(1)
All existing buildings, watercourses, drainage ditches
and other features pertinent to proper division.
(2)
Setbacks or building lines required by the Town Board and Chapter 425, Zoning, of the Town Code.
(3)
All lands reserved for future acquisition.
(4)
Date of the map.
(5)
Graphic scale.
(6)
Name and address of the owner, subdivider and surveyor.
(7)
Square footage of each parcel.
(8)
Present zoning for the parcels.
(9)
Square footage of each parcel.
(10)
Critical building locations. Any building or
structure and its location on the lot shall be dimensioned to the
nearest 0.1 foot where the location of such building or structure
will be critical in relation to proposed property boundaries or to
the zoning yard requirements.
C.
State plane coordinate system. All distances and bearings
shall be referenced to the Wisconsin Coordinate System, South Zone.
D.
Certificates. The surveyor shall certify on the face
of the certified survey map that he has fully complied with all the
provisions of this chapter. The Town Board, after a recommendation
by the reviewing agencies, shall certify its approval on the face
of the map.
E.
Street dedication. Dedication of streets and other
public areas shall require, in addition, the owner's certificate and
the mortgagee's certificate in substantially the same form as required
by § 236.21(2)(a), Wis. Stats.
F.
Requirements. To the extent reasonably practicable,
the certified survey shall comply with the provisions of this chapter
relating to general requirements, design standards and required improvements.
Conveyance by metes and bounds shall be prohibited where the lot(s)
involved is less than 1 1/2 acres or 300 feet in width.[1]
A.
General requirement.
(1)
In accordance with the authority granted by § 236.13,
Wis. Stats., the Town of Fulton hereby requires that, as a condition
of final plat or certified survey approval, the subdivider agrees
to make and install all public improvements required by this chapter
and that the subdivider shall provide the Town with security to ensure
that the subdivider will make the required improvements. As a further
condition of approval, the Town Board hereby requires that the subdivider
be responsible for the cost of any necessary alterations of any existing
utilities which, by virtue of the platting or certified survey map,
fall within the public right-of-way.
(2)
As a condition for the acceptance of dedication of
public rights-of-way, the Town requires that the public ways have
been previously provided with all necessary facilities constructed
to Town specifications, including but not limited to sewerage, storm
drainage, water mains and services, grading and improvement of the
streets and other public ways, sidewalks, street signing, streetlighting
and such other facilities required by the Town Board, or that a specific
portion of the costs be paid in advance as provided in § 66.0709,
Wis. Stats.
B.
Options.
(1)
The required public improvements shall be installed
by the subdivider at his cost or the Town may enter into a recapture
agreement with the subdivider agreeing to require payment of recapture
costs of public improvements from those properties benefitting from
the improvements. The Town shall prohibit development on those properties
until payment has been made. The subdivider may contract directly
with adjacent property owners and/or subdividers of adjacent land
for reimbursement of the oversize and/or off-site improvements constructed.
Any workable combination of the above may be determined by the Town
Board as acceptable.
(2)
If the Town finds that Town construction of such public improvements would not be warranted as a special assessment to the intervening properties or as a governmental expense until some future time, the developer shall be required, if he wishes to proceed with the development, to obtain necessary easements or rights-of-way and construct and pay for such public improvement extensions as provided under Subsection B(1) above.
C.
General standards. The required public improvements
shall be installed in accordance with the engineering standards and
specifications which have been adopted by the Town Board. Where standards
and specifications have not been adopted, the improvements shall be
made in accordance with established engineering practices.
D.
Project manager. The subdivider shall designate a
project manager who shall be readily available on the project site
during the construction of the required public improvements. The project
manager shall be granted authority on behalf of the subdivider to
make decisions related to the construction of the required public
improvements as they may arise during the course of the construction.
The project manager shall also be responsible for the scheduling and
coordination of the required work to construct the required improvements.
Correspondence with or verbal orders to the designated project manager
shall have the same authority as with the subdivider directly.
A.
Contract. At the time of approving a final plat or
certified survey map, the subdivider shall at the option of the Town
Board be required to enter into a contract with the Town for land
division improvements agreeing to install improvements. The contract
form shall be provided by the Town and may provide for a phasing of
public improvements construction, provided that such phasing is approved
by the Town Board; such approval will not be unreasonably withheld.
The Town reserves the right to control the phasing through limits,
sequence and/or additional surety so as to provide for continuity
of streets, sewers, water mains, and other necessary public improvements
within and between the phases.
[Amended 2-8-2011]
B.
Financial guarantees.
(1)
The subdivider shall file with said contract, subject
to the approval of the Town Attorney, a bond, a certificate of deposit,
irrevocable letter of credit or certified check in an amount equal
to 125% of the estimate of the cost of all proposed public improvements
as surety to guarantee that such improvements will be completed by
the subdivider or his contractors not later than 18 months from the
date of recording the plat or certified survey map. When a certificate
of deposit or certified check is posted as security, the instrument
must be negotiable by the Town. When a letter of credit is posted
as security, the Town must be the beneficiary.
(2)
However, the subdivider may elect, with the approval
of the Town, to install the improvements in construction phases, provided
that:
(a)
The phases are specified in the contract for
land division improvements;
(b)
The developer submits surety in an amount equal
to 125% of the estimated costs of improvements required for the current
installation and construction schedules; improvements constructed
during the first stage and each successive stage of construction shall
not be accepted nor shall any building permit be issued for construction
within the completed area of the subdivision or comprehensive development
until the security required for the current stage of construction
has been posted with the Town;
[Amended 2-8-2011]
(c)
The developer records deed restrictions approved
by the Town Attorney which specify that the lots which are included
in future construction phases of the land division will not be transferred
or sold unless the Town's approval is obtained;
(d)
The subdivider minimizes grading and other disturbances
to lands included in future construction phases in order to prevent
erosion; and
(e)
Erosion control plans and measures submitted
and approved herein shall address the individual phases of construction.
(3)
The time limit for completion of a phased improvement
program shall take into account the needs and desires of the Town
and adjacent property owners for street and other improvements to
serve lands adjacent to and within the land division.
(4)
As work progresses on installation of improvements constructed as part of the contract, the Town Board, upon written request from the subdivider from time to time, may permit a reduction in the amount of surety as hereinafter provided. When portions of construction (water, sanitary sewer, street, greenway or other improvements) are completed by the subdivider and determined acceptable by the Town Board, the Town Clerk/Treasurer is authorized, upon submission of lien waivers by the subdivider's contractors, to reduce the amount of surety. The amount of surety may be reduced at the time all underground utilities are installed and tested. The amount of surety remaining shall be equal to 125% of the costs of work remaining to be completed and accepted and to insure performance of the one-year guarantee as specified in Subsection D below against defects in workmanship and materials on work accepted. When the work on the major components of construction has been substantially completed, except for work which cannot be completed because of weather conditions or other reasons which, in the judgment of the Town Board, are valid for noncompletion, the Town Clerk/Treasurer is authorized to accept a reduction in the amount of surety to an amount in the estimate of the Town Board sufficient to cover the work remaining to be completed, including performance of the one-year guarantee period against defects in workmanship and materials. The Town Board, at its option, may extend the bond for additional periods not to exceed one year each.
(5)
Governmental units to which these bond and guarantee
provisions apply may, in lieu of said contract or instrument of guarantee,
file a resolution or letter from officers authorized to act in their
behalf agreeing to comply with the provisions of this section.
(6)
The subdivider shall agree in the development contract
to pay all street assessments and all water main assessments, if applicable,
including where the land division abuts existing streets which are
not improved within the Town standard street improvements.
C.
Improvement guarantee. The subdivider shall include
in said contract an instrument of public improvement guarantee by
irrevocable letter of credit, certified check, cash escrow deposit,
or performance bond whereby a bonding company with assets exceeding
$10,000,000 and authorized to do business in the State of Wisconsin
guarantees maintenance, repair, and replacement by the developer of
said public improvements which deteriorate or fail to meet performance
or operating standards during the bond term, or any penalties which
may be incurred as a result thereof, equal to 15% of the Town Board's
estimate of the cost of the public improvements. If within one year
after the date of final acceptance of any public improvement by the
Town Board (or such longer period of time as may be prescribed by
laws or regulations or by the terms of any special guarantee required
by the terms of said contract as may be necessary due to the phasing
of the construction of public improvements), any work on any public
improvement is found to be defective, the subdivider shall remove
it and replace it with nondefective work in compliance with the requirements
of this chapter. If the subdivider does not promptly comply with the
terms of such instructions, or in an emergency where delay would cause
serious risk of loss or damage, the Town may cause the removal and
replacement of said defective work and charge all direct, indirect
and consequential costs of such removal and replacement to the performance
bond or improvement guarantee instrument.
D.
Survey monumentation. Before final approval of any
plat or certified survey within the corporate limits of the Town,
the subdivider shall install monuments placed in accordance with the
requirements of Ch. 236, Wis. Stats. All survey monumentation located
adjacent to street or public rights-of-way, but not located within
street pavement, shall be protected with steel fence posts erected
near the survey monumentation. The Town Board may waive the placing
of monuments for a reasonable time during public improvement construction
on condition that the subdivider executes a surety to insure the placing
of such monuments within the time required. On behalf of the Town,
the Town Clerk/Treasurer is authorized to accept such surety bonds
and contracts for monumentation in an amount approved by the Town
Board. Building permits shall not be issued until all survey monumentation
for the block(s) of lots in which the lot(s) for which building permits
are being applied for within the phase of the land division under
development has been installed. When the land division includes an
established one-half, one-quarter, one-quarter-one-quarter, or other
such section monument, the established monument shall be preserved
and/or fully restored by the subdivider at his cost.
Where the Planning and Zoning Committee or Town
Board determines that a navigable lake or a river or a stream has
a serious lack of public access facilities, any land division that
includes at least 500 feet of frontage on such water body may be required
to dedicate lands for a public access facility in a width of at least
70 feet connecting the low-water mark to the nearest public road.
Provisions of § 236.16(4), Wis. Stats., are included herein
by reference. This provision does not apply to nonnavigable water
bodies or to newly created water bodies located entirely within new
developments.
The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 380-30 and 380-31.
A.
General considerations. The streets shall be designed
and located in relation to existing and planned streets, to topographical
conditions and natural terrain features such as streams and existing
tree growth, to public convenience and safety, and in their appropriate
relation to the proposed uses of the land to be served by such streets.
B.
Construction standards. Construction of all streets shall conform to the current standards as established by the Town in this chapter and any applicable provisions of Chapter 425, Zoning, of the Town Code or any other applicable ordinances of the Town.
C.
Conform to Official Map. The arrangement, width, grade
and location of all streets shall conform to the Official Map.[1]
D.
Street construction. After the installation of all
required utility and other improvements, the subdivider shall prepare
for surfacing all roadways and streets proposed to be dedicated to
the widths described by these regulations by placing crushed rock
on said roadways and, in addition, shall surface said street in a
manner and quality consistent with this chapter.
E.
Street cross sections. When permanent street cross
sections have been approved by the Town, the subdivider shall finish
grade all shoulders and road ditches, install all necessary culverts
at intersections and, if required, surface ditch inverts to prevent
erosion and sedimentation.
All land divisions intended for residential,
commercial or industrial use shall either be capable of an on-site
sewage disposal system or be connected to a public sewer system that
will adequately provide treatment of an effluent generated on the
premises.
A.
Low- and medium-density residential districts. Sanitary
sewage systems shall be constructed as follows:
(1)
Where a public sanitary sewage system is accessible.
The applicant may use on-site sewage disposal systems on lots with
the provision of connecting to public sewer when same is available.
(2)
Where public sanitary sewage systems are not accessible
and the proposed land division is within an urban service area, the
applicant may use on-site sewage disposal systems on lot sizes with
the provision of replatting a lot into smaller lots when public sewer
is available.
B.
High-density residential and new nonresidential districts.
Sanitary sewage facilities shall connect with public sanitary sewage
systems. Sewers shall be installed to serve each lot in two grades
and sizes required by approving officials and agencies. Individual
disposal system or treatment plants (private or group disposal systems)
shall be permitted when found to be in compliance with the state nonproliferation
policy and assurances are provided to the Planning and Zoning Committee
that the system will be maintained into perpetuity.
The subdivider shall arrange with the Town and
pay the costs of providing the street signing necessary to serve the
development. Such signing shall include street name signs and such
temporary barricades and "road closed" signs as may be required by
the Town Board until the street improvements have been accepted by
Town Board resolution.
The subdivider shall cause all gradings, excavations,
open cuts, side slopes, and other land surface disturbances to be
mulched, seeded, sodded or otherwise protected so that erosion, siltation,
sedimentation and washing are prevented. The subdivider shall submit
an erosion control plan that specifies measures that will be taken
to assure the minimization of erosion problems.
When the land included in a subdivision plat
or certified map abuts upon or is adjacent to land used for farming
or grazing purposes, the subdivider shall erect partition fences,
satisfying the requirements of the Wisconsin Statutes for a legal
and sufficient fence, between such land and the adjacent land. A covenant
binding the developer, its grantees, heirs, successors, and assigns
to erect and maintain such fences, without cost to the adjoining property
owners, so long as the land is used for farming or grazing purposes,
shall be included upon the face of the final plat or certified survey
map.
A.
Utility easements. The Town Board, on the recommendation
of appropriate departments, utilities and agencies serving the Town,
shall require utility easements for poles, wire, conduits, storm and
sanitary sewers, gas, water and head mains or other utility lines.
It is the intent of this chapter to protect all established easements
so as to assure proper grade, assure maintenance of the established
grade, prohibit construction of permanent fences or retaining walls
over underground installation and prevent the planting of trees in
the easement area.
C.
Easement locations.
(1)
Utility easements shall be at least 12 feet wide,
or wider where recommended by the Town Board or Planning and Zoning
Committee, and may run across lots or alongside of rear lot lines.
Such easements should preferably be located along rear lot lines.
Evidence shall be furnished the Planning and Zoning Committee and
Town Board that easements and any easement provisions to be incorporated
in the plat or in deeds have been reviewed by the individual utility
companies or the organization responsible for furnishing the services
involved.
(2)
All easements dedicated on final plats or certified
survey maps for poles, cables or conduits for electricity, telephone
or other private utility lines shall be noted thereon as "Utility
Easement." All easements for storm and sanitary sewers, water and
force mains, pedestrian walks and other public purposes shall be noted
thereon as "Public Easement for" followed by reference to the use
or uses for which they are intended.
D.
Deed restrictions for easements. Deed restrictions
shall accompany each final plat or certified survey map and shall
be filed in the Register of Deeds office. In addition to whatever
else may be contained therein, such restrictions shall describe the
location and width of utility and public easements which are being
established; a description by reference to the final plat or certified
survey map shall suffice. Such restrictions shall further recite that
the utility companies and the public agencies using such easements
are granted the right to place, and shall state that the elevation
of such easements as graded by the subdivider may not be altered thereafter
by him or any subsequent landowner by more than six inches.
A.
Acceptance of improvements. The dedication of any
improvements, utilities, streets, parks, easements, rights-of-way
or other lands or rights to the Town or the public shall not be considered
accepted by the Town for public ownership until such time as the required
public improvements within the intended dedication have been completed
and accepted by the Town Board by adoption of a resolution accepting
such dedication. The subdivider shall be responsible for and liable
for the maintenance, safety and operation of all required public improvements
until such time as the improvements are accepted by the Town Board
by resolution. In the event that the Town must take measures to maintain,
operate or make safe a public improvement existing or required as
a result of the land division but which has not yet been accepted
by the Town, the costs of such measures shall hereby be determined
to be Town-incurred costs to be reimbursed to the Town by the subdivider
in accordance with the provisions of this chapter.
B.
Inspection and certification of improvements.
(1)
After any of the following increments of the required
improvements have been installed and completed, the subdivider shall
notify the Town Board, in writing, that the work is complete and ready
for final inspection, shall file reproducible record drawings of the
completed improvements and shall file lien waivers or affidavits,
in a form acceptable to the Town Clerk/Treasurer and approved by the
Town Attorney, evidencing that there are no claims, actions or demands
for damages, based upon contract or tort, arising out of or in any
way related to the project and that no moneys are owned to any surveyor,
mechanic, contractor, subcontractor, materialman or laborer after
all required improvements have been installed. Acceptance of the improvements
may be requested in the following increments:
(2)
The Town Clerk/Treasurer shall certify that there
are no unpaid taxes or unpaid special assessments on any of the lands
included in the area of acceptance. When the taxes and special assessments
have been paid and when the necessary lien waivers and affidavits
have been filed, the recommendation of the Town Clerk/Treasurer shall
be forwarded to the Town Board for approval and acceptance of the
improvements and dedications.
A.
Compliance with statutes. In laying out a subdivision,
the owner shall conform to the provisions of Ch. 236, Wis. Stats.,
and all applicable Town regulations. In all cases where the requirements
of this chapter are different from the requirements of Ch. 236, Wis.
Stats., or other Town regulations, the more restrictive provision
shall apply.
B.
Street layout. The layout of streets shall conform
to the plan for the most advantageous development of adjoining areas.
Streets shall be designed and located in relation to existing and
officially planned streets, topography and natural terrain, streams
and lakes and existing tree growth, public convenience and safety
and in their appropriate relation to the proposed use of the land
to be served by the streets.
C.
Streets classifications. Streets shall be required
and classified in the classifications indicated below:
(1)
Arterial streets. Arterial streets shall be arranged
to provide through traffic for a heavy volume of vehicles. Arterial
streets shall have a minimum right-of-way width of 100 feet.
(2)
Collector streets. Collector streets shall be arranged
so as to provide ready collection of traffic from individual 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. Collector
streets shall have a minimum right-of-way width of 80 feet.
(3)
Local minor streets. Local streets shall be arranged
to conform to the topography, to discourage use by through traffic,
to permit the design of efficient storm and sanitary sewerage systems,
and to require the minimum street area necessary to provide safe and
convenient access to abutting property. Local streets shall have a
minimum right-of-way width of 70 feet.
D.
Alleys; cul-de-sac streets.
(1)
Commercial and industrial. Alleys may be provided
in commercial and industrial districts. The width of the right-of-way
for residential alleys shall be not less than 24 feet and the width
of the right-of-way for commercial and industrial alleys shall be
not less than 32 feet. Alleys shall be constructed according to base
and surfacing requirements for streets.
(2)
Cul-de-sac streets. Cul-de-sac streets designed to
have one end permanently closed shall not exceed 1,000 feet in length.
Cul-de-sac streets shall terminate in a circular turnaround having
a minimum right-of-way diameter 140 feet and a roadway diameter of
100 feet.
E.
Continuation. Streets shall be laid out to provide
for possible continuation wherever topographic and other physical
conditions permit. The use of culs-de-sac shall be held to a minimum,
and permanently dead-ended streets shall be prohibited. Provisions
shall be made so that all proposed streets shall have a direct connection
with, or be continuous and in line with, existing, planned or platted
streets with which they are to connect. Proposed streets shall be
extended to the boundary lines of the tract to be subdivided, unless
prevented by topography or other physical conditions, or unless in
the opinion of the Town Board upon the recommendation of the Planning
and Zoning Committee such extension is not necessary or desirable
for the coordination of the layout of the subdivision with existing
layout or the most advantageous future development of adjacent tracts.
F.
Minor streets.
(1)
Minor streets shall be so laid out so as to discourage
their use by through traffic.
(2)
Frontage roads. Where a land division abuts or contains
an existing or proposed arterial highway or railroad right-of-way,
the subdivider shall provide a frontage road, platted access restriction
along the property contiguous to such highway, or such other treatment
as may be determined necessary by the Planning and Zoning Committee
or Town Board to ensure safe, efficient traffic flow and adequate
protection of residential properties.
G.
Private streets. Private streets shall not be approved
nor shall public improvements be approved for any private street;
all streets shall be dedicated for public use.
H.
Horizontal curves. When connecting street lines deflect
from each other at any one point by more than 5°, they shall be
connected by a curve with a radius of not less than 175 feet on local
streets, 300 feet on collector streets, and 700 feet on arterial streets.
I.
Visibility. Streets shall afford maximum visibility
and safety for motorist, bicycle, and pedestrian use and shall intersect
at right angles, where practicable. A minimum sight distance with
clear visibility, measured along the center line, shall be provided
of at least 500 feet on major thoroughfares, 200 feet on collector-distributor
streets, and 150 feet on all other streets.
J.
Tangents. A tangent at least 100 feet long shall be
required between reverse curves on arterial and collector streets.
K.
Street grades. The grade of major thoroughfares and
arterial streets shall not exceed 6% unless necessitated by exceptional
topography and approved by the Planning and Zoning Committee or Town
Board. Grades of collector and local streets shall not exceed 8%.
The minimum grade of all streets shall be 0.5%, unless approved by
the Planning and Zoning Committee or Town Board.
L.
Vertical curves. All changes in street grades for
arterials and changes in street grades for collector and local streets
where the algebraic difference in the rate of grade exceeds 1% shall
be connected by vertical curves. The minimum length, in feet, of the
vertical curve shall be the product of the "K" value for the associated
street design speed times the algebraic difference in the rate of
grade.
M.
Half streets. Half streets shall not be platted unless
necessary to provide the full width of an existing street platted
to half width. All newly platted streets shall be platted to the required
full width. Where a half street exists adjacent to a proposed land
division, the subdivider shall endeavor to acquire and dedicate the
remaining half street.
N.
Intersections.
(1)
Angle of intersect. Streets shall intersect each other
at as nearly right angles as topography and other limiting factors
of good design permit. The curved street shall intersect another street
with not less than 40 feet of tangent right-of-way between the end
of curvature and the right-of-way of the street being intersected.
(2)
Number of streets converging. The number of streets
converging at one intersection shall be reduced to a minimum, preferably
not more than two.
(3)
Number of intersections along arterial streets. The
number of intersections along arterial streets shall be held to a
minimum. Wherever practicable, the distance between such intersections
shall be not less than 1,200 feet, unless otherwise determined by
the Planning and Zoning Committee or Town Board.
(4)
Local street spacing. Local streets and frontage roads
intersecting with other local streets shall be spaced no closer than
300 feet between center lines and spaced no closer than 800 feet between
center lines on collector streets, unless otherwise approved by the
Planning and Zoning Committee or Town Board.
(5)
Property lines at street intersections. Property lines
at street intersections shall be rounded with a minimum radius of
15 feet, except that with all intersections with arterial and collector
streets the radius shall be increased to 25 feet or of a greater radius
when required by the Planning and Zoning Committee or Town Board.
(6)
Local streets. Local streets shall not necessarily
continue across arterial or collector streets, but if the center lines
of such local streets approach the major streets from opposite sides
within 150 feet of each other, measured along the center line of the
arterial or collector streets, then the location shall be so adjusted
that the adjoinment across the major or collector street is continuous
and a jog is avoided.
(7)
Additional sight easements. At any intersection determined
by the Planning and Zoning Committee or Town Board, restricted development
easements or additional street right-of-way shall be platted to provide
for adequate sight distances in every direction of travel. At a minimum,
the subdivider shall grade, clear or otherwise provide for an unobstructed
sight triangle at all intersections incorporating the area within
a triangle formed by the intersection of the street right-of-way lines
and a point on each right-of-way line being not less than 25 feet
from the intersection point.
O.
Street names.
(1)
Duplication of existing street names by similar word,
spelling, or sound shall not be permitted.
(2)
Where a street maintains the same general direction
except for curvilinear changes for short distances, the same name
shall continue for the entire length of the street. House numbering
difficulties shall be considered the determining factor in considering
whether a change of name is necessary due to curvilinear changes.
(3)
A street name shall be changed when required to conform
to the proposed or existing house numbering base.
(4)
A name which is assigned to a street which is not
presently a through street, due to intervening land over which the
street extension is planned, shall be continued for the separate portions
of the planned through street.
(5)
The following designations shall be used only in the
situations indicated:
(a)
Boulevard: a street with a divided pavement,
either existing or planned. If the divided pavement ends but the street
continues, the same street name and suffix shall continue.
(b)
Lane: to be limited to a street, one block long,
not ending in a cul-de-sac.
(c)
Circle: to be limited to a cul-de-sac of nine
lots or more.
(d)
Court: to be limited to a cul-de-sac of eight
lots or fewer.
(e)
Parkway: to be limited to a street abutting
a park or greenway or creek.
(6)
The maximum number of street names at one intersection
shall be three.
(7)
Street names shall be assigned to avoid intersections
which have the same exact street names.
(8)
The name of any projection of a street shall remain
unchanged even if the projection terminates in a cul-de-sac.
(9)
The changing of a street name that does not duplicate
an existing street name shall only be approved where such change will
eliminate conflicts with other provisions of this subsection.
(10)
Service roads and highways served by them shall
have the same street name and designation.
(11)
Approval of street names on a preliminary plat
will not reserve the names nor shall the Town be required to accept
such names at the time of final platting.
(12)
A minimum number of letters is desirable in
a street name. The maximum number of letters, not including the prefix
or suffix, shall not exceed 12.
A.
General requirements.
(1)
Construction standards. All roadway construction and
materials used shall be performed in accordance with the construction
methods as listed in the appropriate sections of the State of Wisconsin
Department of Transportation Standard Specifications for Road and
Bridge Construction and its supplements, this chapter, and the standard
specifications for the Town, whichever is more restrictive. The design
requirements of this section shall be applicable to all streets and
roads that are to be dedicated to the Town, regardless of whether
such streets or roads are part of a new subdivision or land division.
Design requirements for the pavement shall be adequate for the zoning
classification of the area served by the subject street. A street
which divides areas with different zoning classifications shall be
constructed in accordance with the requirements of the area requiring
the higher quality pavement. Any variation of this must have prior
approval of the Planning and Zoning Committee and/or Town Board.[1]
(2)
Project costs. All roadway surveys, dedications, plans
and specifications and construction will be at the expense of the
applicant or applicants.
(3)
Roadway base standards.
(a)
The subdivider must bring all streets and alleys
to a grade established by the Town Board.
(b)
Residential streets shall have a minimum eight-inch-thick,
compacted in place, crushed stone roadway base. Roadway base shall
be crushed stone conforming to the requirements of Gradation No. 2
of Section 304 crushed aggregate base course of the State of Wisconsin
Standard Specifications for Road and Bridge Construction, latest edition.
(c)
On commercial, arterial or other heavy-use streets,
a ten-inch minimum depth base course shall be constructed upon an
inspected and approved subgrade, with crushed rock conforming to the
requirements of Gradation No. 2 of Section 304 crushed aggregate base
course of the State of Wisconsin Standard Specifications for Road
and Bridge Construction, latest edition.
(d)
In the case of commercial, arterial or other
heavy-use roads, the Town Board may, in the alternative to the above
standards, provide for alternative specifications.
(e)
In any case, the Town Board shall have the sole
discretion in determining the use and construction classification
to be adhered to.
(f)
In all cases, the base course shall be compacted
to the extent necessary to produce a condition so that there will
be no appreciable displacement of material laterally and longitudinally
under traffic and shall conform to line, grades and shape shown on
the approved plans, profiles and cross sections. Compaction shall
be to 95% modified Proctor ASTM D1557.
(g)
The subdivider shall furnish drawings which
indicate the proposed grades of streets shown on the plat and adoption
by the Town Board; the streets shall be graded to full width of the
right-of-way of the proposed street to the subgrade elevations shown
on the typical cross section. The grading is to be completed prior
to installation of utilities. All stumps and trees which cannot be
saved, boulders and other similar items shall be removed by the subdivider.
(4)
Roadway subgrade quality. All subgrade material shall
have a minimum California Bearing Ratio (CBR) of three. Subgrade material
having a CBR less than three shall be removed and replaced with a
suitable fill material or the pavement must be designed to compensate
for the soil conditions. The soil support CBR values selected for
use by the designer should represent a minimum value for the soil
to be used.
(5)
Roadway subbase. Stable and nonorganic subbase material
is required. Unstable and organic material must be subcut, removed
and replaced with a suitable granular or breaker-run material.
(6)
Pavement thickness and width.
(a)
Local streets shall be constructed with 28 feet
of asphalt three inches thick with thirty-inch curb and gutter. A
two-foot gravel shoulder shall be provided if a variance is granted
by the Town Board. Note that a greater or lesser roadway width may
be required by the Town Board where necessary to assure uniformity
along the entire length of any street.
(b)
Collector streets shall be constructed with
36 feet of asphalt 3 1/2 inches thick with thirty-inch curb and gutter.
A two-foot gravel shoulder shall be provided if a variance is granted
by the Town Board. Note that a greater or lesser roadway width may
be required by the Town Board where necessary to assure uniformity
along the entire length of any street.
(c)
Arterial streets shall be constructed with 40
feet of asphalt, four inches thick. A three-foot gravel shoulder shall
be provided if a variance is granted by the Town Board. Note that
a greater or lesser roadway width may be required, where necessary,
to assure uniformity along the entire length of any street.
(d)
When drainage ditches are utilized, side slopes
shall be at a ratio of four to one.
(7)
Roadway culverts and bridges. Roadway culverts and
bridges shall be constructed utilizing the methods listed in Chapter
13, titled "Drainage," of the Facilities Development Manual of the
Wisconsin Department of Transportation. All roadway culverts shall
be provided with concrete or metal apron end walls. All culverts shall
be designed to pass a ten-year, twenty-four-hour duration storm event.
(8)
Continuity and transitions. All street pavement widths
on streets continued from previously developed or platted streets
shall, wherever practical, provide for the greater of either the existing
or required pavement type, width, grade and cross slope.
A.
Size.
(1)
The size, shape and orientation of lots shall be appropriate for the location of topography of the land division and for the type of development contemplated, provided that no lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 425, Zoning, of the Town Code.
B.
Commercial or industrial lots. Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 425, Zoning.
C.
Minimum lot frontage. All lots on curved streets and culs-de-sac shall have a minimum of 50 feet of platted frontage on a public street to allow access by emergency and service motor vehicles unless part of a planned unit development approved by the Town Board. In any case, minimum lot width at building setback line shall be in conformance with the requirements of Chapter 425, Zoning. Alley frontage (public or private) shall not constitute meeting this minimum frontage requirement.
D.
Corner lots. Corner lots for residential use shall
have extra width to permit full building setback from both streets,
or as required by applicable zoning regulations.
E.
Access to public streets. Every lot shall front or
abut on a public street.
F.
Side lots. Side lot lines shall be substantially at
right angles to straight street lines or radial to curved street lines.
Lot lines shall follow Town boundary lines.
G.
Double and reversed frontage lots. Double frontage
and reversed frontage lots shall be avoided except where necessary
to provide separation of residential development from traffic arteries
or to overcome specific disadvantages of topography and orientation.
H.
Natural features. In the dividing of any land, regard
shall be shown for all natural features, such as tree growth, watercourses,
historic spots or similar conditions, which, if preserved, will add
attractiveness and stability to the proposed development.
I.
Land remnants. All remnants of lots below minimum
size left over after dividing of a larger tract must be added to adjacent
lots or a plan shown as to future use rather than allowed to remain
as unusable parcels.
J.
Large lots. In case a tract is divided and results in parcels of more than twice the minimum lot size provided for by Chapter 425, Zoning, of the Town Code for the zoning district in which the land is located, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 425, Zoning.
K.
Trunk highway proximity. All lots adjacent to state
trunk and federal highways shall be platted with additional depth
necessary to provide for a building setback line not less than 50
feet from the nearer right-of-way line or 110 feet from the center
line, whichever is more restrictive. (Reference Ch. Trans 233, Wis.
Adm. Code.)
L.
Easement allowance. Lots containing pedestrian or
drainage easements shall be platted to include additional width in
allowance for the easement.
M.
Drainageway and watercourses. Lots abutting upon watercourse,
drainageway, channel or stream shall have such additional depth or
width as required by the Town Board to obtain building sites that
are not subject to flooding from a post-development, one-hundred-year,
twenty-four-hour-duration storm event.
A.
Purpose. The following provisions in this section
are established to preserve and provide properly located public sites
and facilities for drainage and stormwater management as the community
develops and to ensure that the costs of providing and developing
such public sites are equitably apportioned on the basis of serving
the need for the management of increased stormwater quantities resulting
from land development.
B.
Drainage system required. The subdivider shall submit
to the Town at the time of filing a preliminary plat or preliminary
certified survey map a drainage system plan which satisfies the Town
that:
(1)
Stormwater runoff will be adequately handled so that
it will not harm the future residents, their property, or any public,
quasi-public or private property.
(2)
Erosion and sedimentation from the land division during
and after construction will not increase as compared to the conditions
prior to development.
(3)
The stormwater runoff from the upstream area of the
watershed will be accommodated in the land division assigned.
(4)
The stormwater runoff from the land division and the
upstream area of the watershed will be accommodated in the downstream
area.
A.
General.
(1)
If a proposed subdivision includes land that is zoned
for commercial or industrial purposes, the layout of the subdivision
with respect to such land shall make such provisions as the Town may
require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in the Town Building Code. A nonresidential subdivision shall be subject to all the requirements of this chapter, as well as such additional standards required by the Town, and shall conform to the proposed land use standards established by any Comprehensive Development Plan and Chapter 425, Zoning, of the Town Code.
B.
Standards. In addition to the principles and standards
in this chapter, which are appropriate to the planning of all subdivisions,
the applicant shall demonstrate to the satisfaction of the Town Board
that the street, parcel and block pattern proposed is specifically
adapted to the uses anticipated and takes into account other uses
in the vicinity. The following principles and standards shall be observed:
(1)
Proposed industrial parcels shall be suitable in area
and dimensions to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate
to accommodate the type and volume of traffic anticipated to be generated
thereupon.
(3)
Special requirements may be imposed by the Town Board
with respect to the installation of public utilities.
(4)
Every effort shall be made to protect adjacent residential
areas from potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels backing
up on existing or potential residential development and provisions
for permanently landscaped buffer strips when necessary.
(5)
Streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of
adjacent existing or potential residential areas.
A.
General. The subdivider shall pay the Town of Fulton
all fees as hereinafter required and at the times specified before
being entitled to recording of a plat or certified survey map according
to a developer agreement.
B.
Review fee. The subdivider shall pay a fee to the
Town equal to the cost, if any, of legal, administrative or physical
work which may be undertaken by the Town in connection with a plat
or certified survey map.
C.
Concept plan. There shall be no fee for the Town's
review of a concept or sketch plan of a proposed land division. However,
such reviews shall be conducted only as staff time permits.
D.
Preliminary plat.
(1)
A subdivider who submits a preliminary plat for the
Town Planning and Zoning Committee and the Town Board shall file said
preliminary plat with the Town Clerk/Treasurer and shall deposit with
the Town Clerk/Treasurer a fee to cover the costs of reviewing said
application. The fee for a preliminary plat shall be as set by the
Town Board. If the plat is rejected, no part of the fee shall be returned
to the petitioner.
(2)
A reapplication fee as set by the Town Board shall
be paid to the Town Clerk/Treasurer at the time of reapplication for
approval or amendment of any preliminary plat which has previously
been reviewed.
E.
Final plat review fee.
(1)
The subdivider shall pay a fee as set by the Town
Board for each dwelling unit within the final plat to the Town Clerk/Treasurer
at the time of first application for final plat approval of said plat
to assist in defraying the cost of review.
(2)
A reapplication fee as set by the Town Board shall
be paid to the Town Clerk/Treasurer at the time of a reapplication
for approval or amendment of any final plat which has previously been
reviewed.
F.
Certified survey. The subdivider shall pay an application
fee as set by the Town Board. Should the subdivider submit an amended
or revised certified survey, the resubmittal fee shall be as set by
the Town Board for each amended or revised certified survey.
G.
Objecting agency review fees. The subdivider shall
transmit all fees required for state agency review to the Town Clerk/Treasurer
at the time of application. Said review fees shall be retransmitted
to the proper state review agency by the Town Clerk/Treasurer. Said
fees shall be applicable, where appropriate, to review fees required
by the Wisconsin Department of Administration, Wisconsin Department
of Transportation, Wisconsin Department of Commerce and the Wisconsin
Department of Natural Resources.
H.
Assessments. All outstanding special charges due to
the Town shall be due prior to the signing of the final plat or certified
survey by the Town.
A.
Where the subdivider alleges that extraordinary hardships
or particular difficulties may result from strict compliance with
these regulations, he may request variations or exceptions to the
regulations so that substantial justice may be done and the public
interest secured, provided that such variation or exception shall
not have the effect of nullifying the intent and purpose of this chapter.
Application for any such variance shall be made in writing by the
subdivider to the Town Clerk/Treasurer at the time when the preliminary
plat or certified survey is filed for consideration, stating fully
all facts relied upon by the petitioner, and shall be supplemented
with maps, plans, or other additional data which may aid Town officials
in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions
necessary to guarantee the full achievement of the plan. The Town
Clerk/Treasurer may request that the Town Attorney or other officials
review each situation to ensure that the request is consistent with
the requirements and standards of this chapter. The Town Clerk/Treasurer
shall refer the matter to the Planning and Zoning Committee with a
written report and recommendation from Town staff. The previous granting
of variances or exceptions in the same or similar circumstances shall
not of itself constitute grounds for the granting of a variance or
exception, nor shall strictly financial rationale.
B.
The Town Board shall not grant variations or exceptions
to the regulations of this chapter unless it shall make findings based
upon the evidence presented to it in each specific case that:
(1)
Failure to grant the variation may be detrimental
to the public safety, health or welfare or injurious to other property
or improvements in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation
is based are unique to the property for which the variation is sought
and are not applicable generally to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
financial hardship or self-imposed hardship, if the strict letter
of the regulations were carried out.
(4)
There would be no costs (present or future) to the
Town resulting from the granting of the variance or exception.
C.
Any recommendations for variances or exceptions by
the Planning and Zoning Committee must be approved by a three-fourths
majority vote of the Planning and Zoning Committee and shall be so
endorsed by the Secretary and transmitted to the Town Board. The Town
Board, if it approves, shall do so by resolution adopted by two-thirds
vote and shall instruct the Town Clerk/Treasurer to notify the Planning
and Zoning Committee and the subdivider.
D.
Variances from the strict application of this chapter
may also be granted in accordance with this chapter in the case of
planned unit developments, provided that the Town Board, upon review
and recommendation from the Planning and Zoning Committee, shall find
that the proposed development is fully consistent with the purpose
and intent of this chapter, Town zoning ordinances, and any Town comprehensive
plan.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or
the Wisconsin Statutes, and no person shall be issued a building permit
by the Town authorizing the building on, or improvement of, any subdivision,
land division or replat with the jurisdiction of this chapter not
of record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully met. The Town may
institute appropriate action or proceedings to enjoin violations of
this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a forfeiture as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code. Each day a violation exists or continues shall constitute a separate offense.[1]
(2)
Recordation improperly made has penalties provided
in § 236.30, Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties
provided for in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as
provided for in § 236.32, Wis. Stats.
(5)
An Assessor's plat made under § 70.27, Wis.
Stats., may be ordered by the Town at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Revocation of permits and/or approvals.
(1)
The Building Inspector may revoke or suspend any permit
or approval issued under the regulations of this chapter and may stop
construction or use of approved materials, equipment, methods of construction,
devices or appliances for any of the following reasons:
(a)
Whenever the Building Inspector shall find at
any time that applicable ordinances, laws, orders, plans and specifications
are not being complied with and that the subdivider or his contractor
has refused to conform after written warning or instruction has been
issued to him.
(b)
Whenever the continuance of any construction
becomes dangerous to life or property.
(c)
Whenever there is any violation of any condition
or provisions of the application for permit, or of the permit or of
any approval.
(d)
Whenever, in the opinion of the Building Inspector,
the subdivider has provided inadequate management of the project.
(e)
Whenever any false statement or misrepresentation
has been made in the application for permit, plans, drawings, data
specifications or certified lot or plot plan on which the issuance
of the permit or approval was based.
(f)
Whenever there is a violation of any of the
conditions of an approval or occupancy given by the Building Inspector
for the use of all materials, equipment, methods of construction,
devices or appliances.
(2)
The notice revoking a permit or approval shall be
in writing and may be served upon the applicant of the permit, owner
of the premises and his agent, if any, and/or on the person having
charge of construction.
(3)
A revocation placard shall also be posted upon the
premises in question by the Building Inspector.
(4)
After the notice is served upon the persons as aforesaid
and posted, it shall be unlawful for any person to proceed thereafter
with any construction operation whatsoever on the premises, and the
permit which has been so revoked shall be null and void, and before
any construction or operation is again resumed, a new permit, as required
by this chapter, shall be procured and fees paid therefor, and thereafter
the resumption of any construction or operation shall be in compliance
with the regulation of this chapter. However, such work as the Building
Inspector may order as a condition precedent to the reissuance of
the building permit may be performed, or such work as he may require
for the preservation of life and safety.
(5)
Any appeals of such revocations or suspensions must
be made in writing and within seven calendar days to the Town Clerk/Treasurer
for consideration before the Town Board at its next regularly scheduled
meeting, provided that the appeal is filed not less than seven days
prior to the meeting date.
(6)
The Building Inspector is hereby directed to withhold
the issuance of building permits within the land division until compliance
with the provisions of this chapter is obtained.
(7)
The Building Inspector is hereby directed to withhold
the issuance of occupancy permits within the land division if violations
of this chapter may result in health or safety problems for the occupants.
D.
Appeals. Any person aggrieved by an objection to a
plat or a failure to approve a plat may appeal therefrom, as provided
in §§ 236.13(5) and 62.23(7)(e)10, 14 and 15, Wis.
Stats., within 30 days of notification of the rejection of the plat.
Where failure to approve is based on an unsatisfied objection, the
agency making the objection shall be made a party to the action. The
court shall direct that the plat be approved if it finds that the
action of the approving or objecting agency is arbitrary, unreasonable
or discriminatory.[2]
Pursuant to § 236.293, Wis. Stats.,
any restriction placed on platted lands by covenant, grant of easement,
land division or consolidation approval which was required by the
Town and which names a public body or public utility as guarantee,
promisee or beneficiary vests in the public body or utility the right
to enforce the restriction by law or in equity against anyone who
has interest in the land subject to the restriction. The restriction
may be released or waived by resolution of the Town Board.
