[HISTORY: Adopted by the Village Board of
the Village of Black Earth 5-1-1990 by Ord. No. 90-O-7 as Ch. 23 of the 1990
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Plan Commission — See Ch. 9.
Building construction — See Ch. 113.
Erosion, sediment and water runoff control — See Ch. 140.
Sewer Utility — See Ch. 221.
Streets and sidewalks — See Ch. 236.
Water Utility — See Ch. 261.
Floodplain zoning — See Ch. 280.
Dedication of public lands — See Ch. 287.
Shoreland-wetland zoning — See Ch. 290.
Zoning — See Ch. 310.
The Village Board of the Village of Black Earth
hereby declares that the regulations set forth in this chapter are
adopted in accordance with the authority granted by § 236.45,
Wis. Stats., and for the purposes listed in §§ 236.01
and 236.45, Wis. Stats. The provisions of this chapter shall be held
to be minimum requirements adopted to promote the health, safety,
morals, comfort, prosperity and general welfare of the Village. Except
when this chapter imposes stricter restrictions on land use, this
chapter shall not repeal, impair or modify private covenants or public
ordinances.
As used in this chapter, the following terms
shall have the following meaning:
A public right-of-way not less than 25 feet in width 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 municipality. It has a secondary function
of providing access to abutting land. An arterial street system is
designed on the municipality's Comprehensive Master Plan.
A portion of a parcel of land surrounded by streets.
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.
That policy document which serves as a guide for the future
physical development of the Village or the Smart Growth Plan, when
the same is adopted by the Village.[1]
A short street having but one end open to traffic and the
other end permanently terminated in a vehicular turnaround.
The Village Board.
A street having only 1/2 of its intended roadway width developed
to accommodate traffic.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A piece, parcel or plot of land intended for building development
or as a unit for transfer of ownership.
The division of land by the owner or his agent resulting
in the creation of two parcels or building sites, any one of which
is two acres in size or less, or the division of a block, lot or outlot
within a recorded subdivision plot into not more than four parcels
or building sites without changing the exterior boundaries of said
block or outlot.
The Village of Black Earth or the various towns within the
one-and-one-half-mile extraterritorial jurisdiction of the Village
of Black Earth, individually or collectively.
See Chapter 9, Boards, Committees and Commissions, of this Code.
The map, drawing or chart on which the subdivider's plan
of subdivision is presented to the Village Board for approval.
Any division of a parcel of land by the owner or owner's
agent for the purpose of sale or building development where:
The act of division creates three or more parcels,
except in the case of the division of a block, lot or outlot into
four parcels or building sites without changing the exterior boundaries
of said block, lot or outlot.
Three or more parcels are created by successive divisions within a five-year period with the same exception as in Subsection A above.
Provided, however, that this chapter shall not
apply to:
Transfers of interest in land by will or pursuant
to court order.
Leases for a term not to exceed 10 years.
Mortgages or easements.
The sale or exchange of parcels of land between
owners of adjoining properties if the lots resulting are not reduced
below the minimum sizes required by this chapter or other applicable
laws or ordinances.
A.
When subdivision approval required. No division of land within the municipality or within its extraterritorial plat approval jurisdiction shall be permitted if it results in a subdivision unless a plat of the subdivision is permitted and approved in accordance with this chapter and Ch. 236, Wis. Stats.
B.
Reservation of public sites and open spaces. In designing a land division, subdivision or comprehensive development, due consideration shall be given to the reservation of suitable sites of adequate area for future schools, parks, playgrounds, drainageways, and other public purposes. In the location of such, consideration shall be given to the preservation of scenic and historic sites, stands of fine trees, marshes, lakes, and ponds, watercourses, watersheds and ravines. The subdivider may be required to reserve such school, park, recreation and public use areas for a period not to exceed two years for acquisition by the Village or, in the case of school areas, by the school district at undeveloped land cost. Where the proposed public lands lie outside the corporate limits of the Village but within the jurisdictional area of this chapter, they shall be reserved for acquisition by the town, county, school district, or Village at undeveloped land cost. In relation to park and recreation area reservation, see also § 295-11, Parkland dedication.
C.
Hill development.
[Added 10-1-1996 by Ord. No. 96-O-2]
(1)
No subdivision or land division within the Village
corporate limits and no subdivision within the Village of Black Earth
extraterritorial jurisdiction area may be approved which would result
in a disturbance of land on areas defined herein as hillsides or hilltop
edges. Development on hilltops, if allowed, shall be restricted so
as to minimize the disturbance of land and vegetation and preserve
the viewshed year-round for areas of lower elevation.
(2)
BASE OF HILLSIDE
HILLSIDE
HILLTOP
HILLTOP EDGE
TOP OF HILLSIDE
TWENTY-PERCENT SLOPE
VIEWSHED
For purposes of this Subsection C, the following definitions shall apply:
The higher elevation end of a twenty-percent slope, where
the slope is determined by measurement from an area of lower elevation
of slope less than or equal to 20% to an area of higher elevation
and of slope greater than 20%.
The area of greater than twenty-percent slope lying between
the base of the hillside and the top of the hillside.
An area of twenty-percent or less slope, exclusive of the
hilltop edge, which lies at an elevation of 900 feet or above and
is contiguous with the hilltop edge.
An area measured upslope from the top of hillside and perpendicular
to the slope, being 150 horizontal feet in depth.
The higher elevation end of a twenty-percent slope, where
the slope is determined by measurement from an area of higher elevation
and of slope less than or equal to 20% to an area of lower elevation
and of slope greater than 20%.
A vertical elevation differential of 10 feet in any 50 horizontal
feet, the horizontal distance being measured perpendicular to the
slope.
An open view from a lower elevation of the natural topography,
features and vegetation of the hillsides, hilltop edge and hilltop
undisturbed by man-made structures (except for vegetated screening
and/or vegetated earthen berms only within the hilltop), uses or activities
except as permitted in this chapter.
A.
Preapplication. It is recommended that, prior to the
filing of an application for the approval of a preliminary plat, the
subdivider shall consult with the Village Plan Commission to obtain
its advice and assistance. This consultation is neither formal nor
mandatory but is intended to inform the subdivider of the purpose
and objectives of this chapter, the Comprehensive Master Plan, and
duly adopted plan implementation devices of the Village and otherwise
to assist the subdivider in planning his development.
B.
Preliminary plat and certified surveys.
(1)
Boundary survey map. The subdivider shall submit to
the Plan Commission and to those agencies having the authority to
object to plats and certified surveys under provisions in § 236.12,
Wis. Stats., a preliminary plat based upon an accurate exterior boundary
survey by a registered land surveyor. Plats and certified surveys
shall be submitted to the Plan Commission not less than eight days
before the meeting at which they are to be considered. The plat shall
be drawn at the scale of one inch equals 100 feet, and contours shall
be shown at two-foot vertical intervals. The drawing shall show:
(a)
Property lines, dimensions, and identifying
numbers for all residential lots and other sites.
(b)
Right-of-way lines, dimensions, and names of
streets and other rights-of-way.
(c)
Locations, dimensions, and purposes of all easements.
(d)
Purpose for which all sites other than residential
lots are dedicated or reserved.
(e)
Current and proposed zoning for contiguous plats
and developments.
(f)
Names of record of adjoining unplatted lands.
(g)
Location of existing and proposed utilities.
(h)
Minimum building setback lines on all lots and
other sites.
(i)
Acreage and current zoning of land being platted.
(j)
A small scale map showing the location of the
plat.
(k)
Names of owner and designer.
(l)
Title, graphic scale, North arrow, and date.
(2)
Additional submittals required. In addition to the survey described in Subsection B(1) above, grading, tree planting, paving, and facilities shall be shown and an accompanying letter shall indicate when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be submitted.
(3)
Review by Village Engineer and/or Land Planning Consultant.
The Plan Commission may submit a copy of the preliminary plat to the
Village Engineer and/or Land Planning Consultant for review and written
report of his reaction to the proposed plat.
(4)
Approval of preliminary plat; time and effect. After
review of the preliminary plat and negotiations with the subdivider
on advisable changes and the kind and extent of public improvements
which will be required, the Plan Commission shall reject or approve
conditionally the preliminary plat within 90 days, as provided by
statute. Approval of the preliminary plat shall entitle the subdivider
to final approval of the layout shown by such plat, provided that
the final plat conforms to such layout and all conditions of approval
have been met.
C.
Final plat.
(1)
Time for submission. Final plats shall be submitted
to the Plan Commission within six months of preliminary plat acceptance
unless this requirement is waived in writing by the Plan Commission.
(2)
Requirements. The final plat shall conform to the
preliminary plat as approved and to the requirements of all applicable
local 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), Wis. Stats. The final plat shall be accompanied
by detailed construction plans showing prior approval by the Village
Engineer of all improvements.
(3)
Review by Plan Commission. The final plat shall be
presented to the Plan Commission at least eight days prior to the
meeting at which it is to be considered and shall be accepted or rejected
by the Plan Commission and the Village Board within 60 days of its
submission, unless the time is extended by an agreement with the subdivider.
Reasons for rejection shall be stated in the minutes of the Village
Board meeting and a copy thereof or a written statement of such reasons
shall be recorded in accordance with the statutory requirements prior
to the time that lots are offered for sale, reference is made to the
map for sale purposes, or use is made of lot and block numbers on
the plat. If the original of the final plat has been filed with another
approving authority, the subdivider may file a true copy of such plat
in lieu of the original. However, before approval of the Plan Commission
and the Village Board will be inscribed on the original of the final
plat, the surveyor or subdivider shall certify the respects in which
the original of the final plat differs from the true copy and all
modifications must first be approved.
Generally, design standards shall assure that
the layout of the subdivision harmonizes with existing plans affecting
the development and its surrounding area and shall be in conformity
with the Village Comprehensive Master Plan for the development of
the entire area.
A.
Streets.
(1)
General street design. Streets in the plat shall be
considered in their relation to existing and planned streets, to reasonable
circulation of traffic, to topographical conditions, to runoff of
stormwater and to the proposed uses of the area to be served.
(2)
Cul-de-sac, curvilinear and loop street arrangements.
Cul-de-sac, curvilinear and loop street arrangements shall be used
instead of a gridiron design wherever possible in minor street layouts
to promote safety, to reduce through traffic and to improve the general
aesthetics of residential subdivisions.
(3)
Extensions of existing streets. Where new streets
extend existing adjoining streets, their projections shall be at the
same or greater width, but in no case less than the minimum required
width. Where adjoining areas are not subdivided, the arrangement of
streets in new subdivisions shall make provision for the projection
of streets, including minor streets, where necessary to provide proper
access. Where a new subdivision adjoins unsubdivided lands susceptible
to being subdivided, new collector and arterial streets, if any, shall
be carried to the abutting boundaries of such unsubdivided land.
(4)
Street width and grades.
(a)
The minimum right-of-way of all proposed streets
and alleys shall be of the width specified by the Comprehensive Master
Plan, Official Map or Neighborhood Development Study, or, if no width
is specified therein, the minimum widths shall be as follows:[1]
|
Type of Street
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Principal and primary arterial streets
|
120
| |
|
Standard arterial and collector streets
|
66
| |
|
Local streets
|
60
| |
|
Marginal access streets and culs-de-sac
|
60
|
(b)
The Plan Commission may require the subdivider
to conform to urban section standards as shown on Table 1[2] if the average lot width in the proposed subdivision is
less than 150 feet measured at the street setback line.
[2]
Editor's Note: Table 1 is included at the end of this chapter.
(c)
(d)
Street grades shall be established wherever
practicable so as to avoid excessive grading, the unnecessary removal
of ground cover and tree growth, and general leveling of the topography.
(5)
Streets jogs. Street jogs with center-line offsets
of less than 125 feet shall not be allowed.
(6)
Street intersections. Insofar as practical, streets
shall intersect at right angles, and no intersection shall be at an
angle of less than 80°. The number of streets converging at one
intersection shall be reduced to the minimum possible.[3]
(7)
Culs-de-sac. Maximum length of permanent cul-de-sac
streets shall be 600 feet measured along the center line from the
intersection of origin to end of right-of-way. Each cul-de-sac shall
be provided at the closed end with a turnaround having a minimum outside
roadway diameter of 96 feet and a minimum street property diameter
of 120 feet.[4]
(8)
Half streets. Where an existing dedicated or platted
half street is adjacent to the tract being subdivided, the other half
of the street shall be dedicated by the subdivider. The platting of
new half streets is prohibited.
(9)
Street names. Proposed streets obviously in alignment
with existing and named streets shall bear the name of such existing
streets. In no case shall the name of the proposed street duplicate
existing street names, including phonetical similarities. Names shall
be selected with the approval of the Plan Commission.
(10)
Private streets. Public improvements shall not be
approved for any private streets or driveways.
(11)
Access to arterial streets and highways. Where a proposed
plat is adjacent to an arterial street, spacing between access points
to such thoroughfare of less than 660 feet shall be avoided except
where impractical or impossible due to existing property divisions
or topography.
(12)
Street curvature. When a continuous street center
line deflects at any one point by more than 10°, a circular curve
shall be introduced having a radius of curvature on said center line
of not less than the following:
(13)
Hardship to owners of adjoining property. The street
arrangements shall not be such as to cause hardship to owners of adjoining
property in platting their own land and providing convenient access
to it.
(15)
Alleys. Alleys shall be prohibited in residential
areas unless special permission is granted by the Village Board. Alley
intersections and sharp changes in alignment shall be avoided, but,
where necessary, corners shall be cut off sufficiently to permit safe
vehicular movement. Dead-end alleys shall be avoided but, if unavoidable,
shall be provided with adequate turnaround facilities at the dead
end.
(16)
Reverse curves. A tangent at least 100 feet long shall
be required between reverse curves on arterial and collector streets.
(17)
Maintenance. Streets included in approved subdivisions,
except designated state, federal or county roads, shall be maintained
by the Village in which said streets are located unless other written
arrangements are made prior to final plat approval.
(18)
Relation to railroads. Streets shall be so located
to railroads that the minimum distance required for the future separation
of grades by means of appropriate approach gradients is provided.
B.
Lots.
(1)
Access. Every lot shall front or abut on a public
street.
(2)
Layout. Where possible, lot lines shall be at right
angles to straight street lines or radial to curved street lines.
Lots with frontage on two parallel streets shall be avoided except
where one street is an arterial feeder or highway with no direct access
to the lot. Reversed frontage lots shall be avoided, except where
a major change in land use might make such a layout preferable.
(3)
Corner lots. Corner lots shall be platted at least
10% wider than the minimum lot width required.
(4)
Natural features. In the subdivision of land, due
regard shall be shown for all natural features which, if preserved,
will add attractiveness and stability to the proposed development.
(5)
Lots along thoroughfares and railroad. There shall
be no direct vehicular access from residential lots to arterial streets
or highways, and residential lots shall be separated from railroad
rights-of-way by a twenty-five-foot buffer strip, which may be in
the form of added depth or width of lots backing on or siding on the
railroad right-of-way.
(6)
Lot remnants. Lot remnants which are below the minimum
lot size must be added to adjacent or surrounding lots rather than
be allowed to remain as an unusual outlot or parcel unless the owner
can show plans for the future use of such remnant.
(7)
Municipal boundary lines. Lots shall follow, rather
than cross, municipal boundary lines whenever practical.
(8)
Size and dimensions. Subdivision lots in the Village shall be in conformance with the area and width requirements of Chapter 310, Zoning. The area and width of subdivision lots in the extraterritorial plat approval jurisdiction shall conform to any town or county ordinance or extraterritorial municipal zoning regulations which may be in effect and with Chapter H 65, Wis. Adm. Code, of the State Division of Health.
(9)
Reserve strips. There shall be no reserve strips controlling
access to streets, except where the control of such strips is definitely
placed with the Village under conditions approved by the Plan Commission.
A.
Grading. The subdivider shall grade the full width
of the right-of-way of all streets proposed to be dedicated in accordance
with plans approved by the Village Board. A master site grading plan
shall be prepared by the subdivider for all new subdivisions. This
plan shall be prepared in accordance with the requirements and standards
of the Village as established by the Village Engineer and shall be
reviewed and approved by the Village Engineer. The master site grading
plan shall show existing and proposed elevations of all lot corners
and changes in grade. If deemed necessary by the Village Engineer,
lowest building opening elevations shall be shown for each lot.[1]
B.
Erosion control. Plans for erosion control shall be
submitted to the Village Engineer for his approval before any land
surface decisions are made. The Village Engineer's decision may be
appealed to the Village Board. Within 14 days of the completion of
any activity which, in the sole discretion of the Village Engineer,
may give rise to an erosion control problem, the subdivider shall
take all steps necessary to prevent the erosion, siltation, sedimentation,
washing and blowing of dirt and debris caused by grading, excavations,
open cuts, side slopes, and other activities by the subdivider or
the subdivider's contractors. Reasonable methods of control shall
include, but not be limited to, seeding, mulching, sodding, berm construction,
pond construction and dewatering. In cases where the method of control
fails, the subdivider shall clean up the materials which have been
displaced prior to the construction of additional improvements.
C.
Standard street improvements.
(1)
When to begin. The construction of standard street
improvements can begin only when either:
(2)
Surfacing. After the installation of all utility and
stormwater drainage improvements, the subdivider shall surface all
roadways in streets proposed to be dedicated to the widths prescribed
by this chapter and the Comprehensive Master Plan or Comprehensive
Master Plan components of the Village. Said surfacing shall be done
in accordance with plans and standard specifications approved by the
Village Board.
(3)
Curb and gutter. One year after the installation of
all utility and stormwater drainage improvements, the subdivider shall
construct and pay for all curbs and gutters in accordance with plans
and standard specifications approved by the Village Board. This requirement
may be waived if approved by the Village Board. Wherever possible,
provision shall be made at the time of construction for driveway access
curb cuts.[2]
(4)
Street sections. When rural street sections have been
approved by the Village Board, 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
in accordance with plans and standard specifications approved by the
Village Board.[3]
D.
Sidewalks.
(1)
When required. The subdivider may be required to construct
a sidewalk on one side of all frontage streets and both sides of all
other streets within the subdivision. The Village Board may permit
the construction of a sidewalk on only one side of minor streets that
serve lots having an average width of 100 feet or more fronting on
said street and may waive the construction of sidewalks on culs-de-sac
of less than 600 feet in length and collector streets and minor streets
that serve lots having an average width of 150 feet or more fronting
on said street. The construction of all sidewalks shall be in accordance
with plans and standard specifications approved by the Village Board.
(2)
Sidewalks in greenways and at rear of lots. The Village
Board may permit or require the construction of sidewalks in greenways
at the rear of lots instead of along the sides of streets.
(3)
Wider than standard sidewalks may be required by the
Village Board in the vicinity of schools, commercial areas and other
places of public assemblage, and the Village Board may require the
construction of sidewalks in locations other than required under the
preceding provisions of this chapter if such walks are necessary,
in its opinion, for safe and adequate pedestrian circulation.
E.
Public sanitary sewage disposal system.[4]
(1)
There shall be provided a sanitary sewage system to
all lots, approved by the Village Engineer. The subdivider shall install
adequate sanitary sewer facilities and connect them to Village sewer
mains subject to specifications and inspection by the Village Engineer.
All sanitary sewers shall be in accordance with Ch. NR 110, Wis. Adm.
Code. The subdivider shall pay all the costs of all sanitary sewer
work, including the bringing of the sanitary sewer of adequate capacity
and depth from where it exists to the land division in question and
necessary improvements or modifications to downstream sanitary sewage
facilities, as well as providing all sanitary sewer work within the
land division. Such required improvements shall be dedicated to the
Village upon such terms and conditions as the Village Board may determine.
(2)
Sanitary sewers, including all related items (manholes,
wyes, tees, stubs for future extensions, etc.), shall be installed
meeting the specifications and requirements of the Village. Installation
shall be required all the way across each lot. Where sewers larger
than eight inches in diameter or deeper than 12 feet of cover are
required solely to serve areas outside the subdivision, the landowner
shall be responsible only for the costs of the sewers necessary to
serve the area within the subdivision. The difference in the costs
of the sewers necessary to serve the subdivision and the costs of
the sewers actually installed, as determined by the Village Engineer,
shall be borne by the developer, with the right of recoupment, without
inflation or interest adjustment in the recoupment amount.
(3)
The subdivider shall construct sanitary sewers in
such a manner as to make adequate sanitary sewerage service available
to each lot within the subdivision. Where public sanitary sewers of
adequate capacity are determined by the Village Engineer to be available,
extensions of the public sanitary sewer system shall be made so as
to provide sewer service to each lot. Gravity sanitary sewers shall
be extended to the land division and to each buildable lot as determined
by the Village Engineer. Sewerage service lines of the sizes and materials
required by the Village Board of Trustees shall be installed from
the sanitary sewers to the property line of every lot in the subdivision.
This installation shall be coordinated with the installation of sanitary
sewers. The size, type and installation of all sanitary sewers proposed
to be constructed shall be in accordance with plans and standard specifications
approved by the Village Engineer. Stormwater runoff shall be excluded
from all sanitary sewer facilities.
(4)
The ends of the services for each lot shall be accurately
measured and recorded with the Village and marked in the field with
appropriate staking.
F.
Stormwater drainage facilities.[5]
(1)
The subdivider shall, at his cost, provide stormwater
drainage facilities which include curb and gutter, manholes, catch
basins and inlets, storm sewers, storm sewer laterals from the main
to the lot line, road ditches and open channels, as may be required.
All such facilities are to be of adequate size and grade to hydraulically
accommodate maximum potential runoff rates.
(2)
Post-development peak runoff rates shall be limited
to pre-development levels, up to and including one-hundred-year return
period storm. All detention facilities shall be designed with the
safety of the general public and any considerations for ease of maintenance
as top priorities.
(3)
Determination of on-site detention volumes shall be
computed by procedures established by the United States Soil Conservation
Service in the most current edition of its technical publication titled
"Urban Hydrology for Small Watersheds, TR-55," and as accepted and
approved by the Village Engineer.
(4)
The storage of stormwater runoff shall not encroach
on any public park (except parks designed with detention facilities)
or any private lands outside the land division unless an easement
providing for such storage has been approved and recorded for said
lands.
(5)
The design of the drainage system shall include the
entire watershed affecting the land division and shall be extended
to a watercourse or ditch adequate to receive to storm drainage.
(6)
Where a land division is traversed by a watercourse,
drainageway, channel or stream:
(a)
There shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose and as may be necessary to comply with this Subsection F; or
(b)
The watercourse, drainageway, channel or stream may be relocated in such a manner that the maintenance of adequate drainage will be assured and the same provided with a stormwater easement or drainage right-of-way conforming to the lines of the relocated watercourse and such further width or construction, or both, as will be adequate for the purpose and may be necessary to comply with this Subsection F.
(7)
The subdivider shall install all minor drainage system
components necessary to reduce inconvenience and damages from frequent
storms. Minor drainage components shall include all inlets, piping,
gutters, channels, ditching, pumping and other facilities, designed
to accommodate the post-development runoff resulting from a five-year,
twenty-four-hour rainfall (ten-year, twenty-four-hour rainfall for
the commercial district) event as determined in the most current edition
of the Soil Conservation Service Technical Release 55 (TR 55). Temporary
accumulations of storm runoff from ponding or flowing water, in or
near minor system components, shall be permitted provided that such
accumulations do not allow the water to flow across the crown of the
street from one side to the other. For arterial streets and streets
located in commercial districts, ponding within normal traffic lanes
(10 feet on each side of the center line of the street) is prohibited.
In drainageways and drainageway easements, accumulations of water
shall not inundate beyond the limits of the drainageway or drainageway
easement. Cross-street drainage channels (valley gutters) shall not
be permitted except on cul-de-sac or permanent dead-end streets serving
fewer than 10 dwelling units and where the minimum grade in the valley
gutter and street gutter between the valley gutter and the next downstream
drainage inlet is not less than 1.00%.
(8)
The subdivider shall install all major drainage system
components necessary to reduce inconvenience and damages from infrequent
storms. Major system components shall include large channels and drainageways,
streets, easements and other paths and shall be capable of accommodating
post-development runoff in excess of that accommodated by minor system
components resulting from twenty-four-hour rainfall events for storms
with return frequencies greater than two years up to and including
the one-hundred-year return event (as identified in TR 55). Runoff
resulting from a one-hundred-year, twenty-four-hour rainfall event
shall be contained within the street right-of-way or designated drainage
easements.
G.
Public water supply facilities.[6]
(1)
The subdivider shall construct water mains and service
laterals in such a manner as to make adequate water service available
to each lot within the land division. Extensions of the public water
supply system shall be designed so as to provide water service to
each lot and required fire flow protection to each hydrant. The size,
type and installation of all public water mains proposed to be constructed
shall be in accordance with plans and standard specifications approved
by the Village Engineer. Such required improvements shall be dedicated
to the Village upon such terms and conditions as the Village Board
may determine. The subdivider shall pay all costs of connecting adequate
Village water, including bringing water mains from where they exist
to the land division in question, providing all water works within
the land division, and looping the water mains in all locations deemed
important and financially feasible by the Village Engineer. The subdivider
shall provide for a minimum water main diameter of eight inches and
the location of public fire hydrants along the public streets at not
greater than a four-hundred-fifty-foot spacing for residential areas
or a six-hundred- foot spacing for commercial areas.
(2)
Where water mains and appurtenances larger than eight
inches in diameter are required solely to serve areas outside the
subdivision as determined by the Village Engineer, the landowner shall
be responsible only for the costs of the water mains and appurtenances
necessary to serve the area within the subdivision. The difference
in the costs of the water mains and appurtenances necessary to serve
the subdivision and the costs of the water mains and appurtenances
actually installed, as determined by the Village Engineer, shall be
borne by the developer, with the right of recoupment, without inflation
or interest adjustment in the recoupment amount. Installation of water
mains shall be required all the way across each lot.
H.
Other utilities and cable television The subdivider
shall have installed gas, electrical power, telephone and cable television
facilities in such a manner as to make adequate service available
to each lot in the subdivision. No such electrical, telephone or cable
television service shall be located on overhead poles unless allowed
by the Village Board due to exceptional topography or other physical
barrier. Plans indicating the proposed location of all gas, electrical,
power, telephone and cable television distribution and transmission
lines required to serve the plat shall be filed with and approved
by the Village Engineer. Gas service laterals shall be installed to
each lot line. These utility lines can be run across the road if the
road has not yet been laid down. Once the road has been laid down,
utility lines must be run parallel on each side of the road. Road
will not be allowed to be torn up to put these lines in.
I.
Streetlamps. The Village Electric Utility shall install
and the subdivider shall assume the cost of streetlamps of a design
approved by the Electric Utility along all streets proposed to be
dedicated. Such lamps shall be placed at each street intersection
and at such interior block spacing as may be required by the Village
Board. Under no circumstances shall the distance between streetlamps
exceed 600 feet.
J.
Street signs. The Department of Public Works shall
provide and the subdivider shall assume the cost of installation,
at the intersection of all streets proposed to be dedicated, of a
street sign of a design specified by the Village Engineer.[8]
K.
Street trees. The subdivider shall plant at least
one tree of a species acceptable to the Village Board and of at least
six feet in height for each 50 feet, or as determined by the Village
Board, of frontage on all streets proposed to be dedicated. The required
trees shall be planted between the curb or edge of shoulder and right-of-way
line. Under no circumstances shall trees be planted closer than 25
feet to the center radius of the street intersection.
L.
Specifications. Unless otherwise stated, all of the
required improvements shall conform to engineering standards and specifications
as required by the Village Board. Such improvements shall be made
in sequence as determined by the Village Engineer.
A.
Subdivider to pay Village engineering, inspection,
consulting and legal costs. The subdivider shall pay all engineering,
inspection, consulting and legal fees incurred by the Village for
services performed by or on behalf of the Village in conjunction with
the design, inspection and review of any preliminary plat, certified
survey, final plat, comprehensive development plan or contract, the
drafting of documents, and such inspections as the Village Engineer
deems necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the Village or any other governmental authority. Consulting, engineering,
inspection and legal fees shall be the actual costs to the Village
on the basis of submitted invoices plus twice the actual payroll costs
for time spent by any employees of the Village. Such fees may be billed
monthly or upon completion of the project as determined by the Village
Board.
B.
Security deposit for payment of fees. To guarantee payment of the engineering, inspection and attorney fees, the subdivider shall deposit the sum of $250 plus $50 for each lot or parcel within a preliminary plat or comprehensive development, or, in the case of a certified survey, the sum of $75 plus $50 for each lot or parcel within the land division, with the Village Clerk-Treasurer at the time that the application for approval is filed. If the fees described in Subsection A are paid timely, the deposit required by this subsection will be refunded at the time that the final plat, comprehensive development, or certified survey is approved by the Village Board or 30 days after the preliminary plat, comprehensive development, certified survey, or final plat is rejected. In the event that the subdivider fails to pay such fees within 14 days of the time when the Village submits its bill therefor, the Village shall deduct the amount of such fees from the security deposit.
C.
Security for improvements.
(1)
Subdivision within Village. When the land is situated
within the corporate limits of the Village, the subdivider shall,
at the time the development contract is entered, furnish a bond, irrevocable
letter of credit or certified check to the Village in an amount equal
to 100% of the estimated cost of all required improvements, as determined
by the Village Engineer.
(2)
Extraterritorial developments. When the land is situated
within the extraterritorial jurisdiction of the Village, the subdivider
shall, at the time the contract is entered, furnish a bond, irrevocable
letter of credit or certified check to the Village in the amount equal
to 100% of the estimated cost of all improvements which are required
to receive services from the Village, including Village utilities,
or by the town in which the development is located or Dane County,
as determined by the Village Engineer or appropriate town or county
official.
(3)
Staged developments. Where staging is permitted, the
subdivider shall deposit a bond, irrevocable letter of credit or certified
check with the Village at the time the contract is entered and upon
completion of the first and each successive stage of construction.
The security deposit shall be in an amount equal to 100% of the estimated
costs of improvements next required by the installation and construction
schedules as determined by the Village Engineer. 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
or comprehensive development until the security required for the next
stage of construction has been posted with the Village.
D.
Form of security.
(1)
The security posted shall be in such form as is acceptable
to the Village Board and approved by the Village Attorney. When a
certified check is posted as security, the instrument must be negotiable
by the Village. When a letter of credit is posted as security, the
Village must be the beneficiary. When the security is furnished to
insure the construction of required improvements within the extraterritorial
jurisdiction of the Village, it may name the town and Dane County
or either of them as additional obligees, payees or beneficiaries.
(2)
The security deposit shall guarantee that all required
improvements will be made and installed according to Village specifications
by the subdivider or its contractors not later than 18 months from
the date that the plat is recorded or, where staging is permitted,
that each stage will be completed by the date specified in the installation
and completion schedule and shall be used, applied, or released pursuant
to the following.
E.
Release of security.
(1)
For improvements within the corporate limits, the
security furnished shall remain in full force for a period of one
year after the completion of the project and acceptance by the Village
Board unless partially released as hereinafter provided.
(a)
The security shall be held to guarantee the
work performed pursuant to private contracts against defects in workmanship
and materials. If any defect appears during the period of the guarantee,
the subdivider or its contractor shall, at its expense, install replacements
or perform acceptable repairs. In the event that the subdivider fails
to install the replacement or perform the repairs, the Village may
do so and deduct the cost thereof from the security deposit. Unless
defects have appeared and have not been repaired, the Village will
release the security to the subdivider upon expiration of the one-year
guarantee period.
(b)
The Village may from time to time, but no more
often than monthly during the course of construction, partially release
the security furnished when:
[1]
The reduced security deposit will be sufficient
to guarantee the work performed pursuant to private contract against
defects in material and workmanship or will be at least 25% of the
total cost of improvements, whichever is greater;
[2]
Affidavits or lien waivers, in a form acceptable
to the Village and approved by the Village Attorney, evidencing full
payment for the subdivision improvements which have been completed
are submitted with the request for a partial security release; and
[3]
An application for partial security release
has been filed with the Village Engineer before the 10th day of the
month.
(2)
Improvements within the extraterritorial jurisdiction.
(a)
The security furnished shall be returned to
the subdivider upon completion of all required improvements and their
acceptance by the town in which they are situated unless partially
released as hereinafter provided.
(b)
The Village may from time to time, but no more
than monthly during the course of construction, partially release
the security furnished when:
[1]
The reduced security will be sufficient to assure
that uncompleted improvements will be timely made and installed.
[2]
The partial release has been authorized by all
other parties named as additional obligees, payees, or beneficiaries
on the security furnished by the subdivider.
[3]
An application for such partial release has
been filed with the Village Engineer on or before the 10th day of
the month.
A.
Electric, gas, sewer, water, and cable television.
The Plan Commission shall require easements for poles, wires, conduits,
storm and sanitary sewers, gas, water and hydrants, cable television
or other utility lines. Easements shall be at least 20 feet wide for
one pipe, 30 feet wide for two pipes and 40 feet wide for three pipes
and may run along side or rear lot lines. Such easements should preferably
be located along the rear lot lines. All plans shall bear the approval
of the easement by an authorized utility representative when such
plans are submitted to the Plan Commission.[1]
B.
Drainageways. The Plan Commission may require that
easements or drainageways be provided where a subdivision includes
a segment or segments of watercourses, drainageways, channels or streams.
Where the Plan Commission finds that extraordinary
hardships or particular difficulties may result from strict compliance
with this chapter, it may recommend to the Village Board variations
or exceptions to this chapter so that substantial justice may be done
and the public interest secured, provided that such variance shall
not have the effect of nullifying the intent and purpose of this chapter
and further provided that the Plan Commission shall not recommend
variations or exceptions to the regulations of this chapter unless
it shall make findings based upon evidence presented to it in each
specific case that:
A.
The granting of the variation will not be detrimental
to the public safety, health or welfare or injurious to other property
or improvements in the neighborhood in which the property is located.
B.
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.
C.
Because of the particular physical surroundings, the
shape or topographical conditions of the specific property involved,
a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were carried out.
Invalidation of any part of this chapter by
a court of competent jurisdiction shall not invalidate the remainder
of this chapter. Invalidation of the application of any provision
shall not affect the application of said provision to any other subdivision
not specifically included in such judgment.
See Chapter 287, Public Lands, Dedication of, of this Code for parkland dedication requirements.
A.
Building Inspector to enforce. The Building Inspector
shall have primary responsibility for enforcing this chapter. No building
permit shall be issued for construction on any lot until the final
plat for the subdivision has been duly recorded or a certified survey
map is recorded.
B.
Penalties and remedies for violations. Any person
who fails to comply with the provisions of this chapter shall, upon
conviction thereof, forfeit no less than $25 nor more than $500 and
the costs of prosecution and applicable fees or surcharges for each
violation and, in default of payment of such forfeiture and costs,
shall be imprisoned in the county jail until payment thereof, but
not exceeding 30 days. Each day a violation exists or continues shall
constitute a separate offense. In addition, the remedies provided
by §§ 236.30 and 236.31, Wis. Stats., shall be available
to the Village.[1]
