[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 14, Ch. 1 of the 1996 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 132.
Driveways and curb cuts — See Ch. 148.
Erosion control and stormwater management — See Ch. 155.
Floodplain zoning — See Ch. 180.
Sewers — See Ch. 280.
Streets, sidewalks and public areas — See Ch. 303.
Trees and shrubs — See Ch. 325.
Water — See Ch. 343.
Zoning — See Ch. 350.
A.
Introduction. In accordance with the authority granted
by § 236.45, Wis. Stats., and for the purposes listed in
§§ 236.01 and 236.45, Wis. Stats., the Village Board
of the Village of Theresa does hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be
minimum requirements adopted to promote the health, safety, morals,
comfort, prosperity and general welfare of the Village.
(2)
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever
it imposes stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote
the public health, safety, convenience and general welfare. The regulations
are designed to lessen congestion in the streets; to foster the orderly
layout and use of land; to ensure safety from fire, flooding, panic
and other dangers; to provide optimum light and air; to discourage
overcrowding of the land; to lessen concentration of population; to
facilitate adequate provision of transportation, public water and
sewerage, schools, parks, playgrounds and other public necessities;
and to facilitate the further division of large tracts of land into
smaller parcels. The regulations are made with the reasonable consideration
of, but not limited to, the present character of the Village and its
environs, with the objectives of conserving the value of the land
and improvements placed thereon, providing the most appropriate environment
for human habitation, encouraging commerce and industry and providing
for the most appropriate use of land in the Village.
The following definitions shall be applicable
in this chapter:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land.
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 to comply with the yard requirement of Chapter 350, Zoning.
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 Plan Commission created by the Village Board pursuant
to § 62.23, Wis. Stats., if one is created.
A Comprehensive Plan prepared by the Village indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions changes the title from a joint
tenancy to a tenancy in common or from a tenancy in common to a joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth
class city or a village and within three miles of all other cities.
The final map 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. Said plat must conform to all state
laws.[1]
Those lands, including the floodplains, floodways, and channels,
subject to inundation by the one-hundred-year recurrence interval
flood or, where such data is not available, the maximum flood of record.
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.
The average annual high-water level of a pond, stream, river,
lake, flowage, or wetland referred to an established datum plane or,
where such elevation is not available, the elevation of the line up
to which the presence of the water is so frequent as to leave a distinct
mark by erosion, change in or destruction of vegetation or other easily
recognized topographic, geological or vegetative characteristic.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use, and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets, easements and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a double frontage
lot, both street lines shall be deemed front lot lines.[2]
The peripheral boundaries of a lot as defined herein.
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.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
A street used, or intended to be used, primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map on which the subdivider's plat of subdivision is
presented to the Village for approval.[3]
The preliminary plat map indicating the proposed layout of
the subdivision to be submitted to the Village Board for its consideration
as to compliance with the Comprehensive Plan and these regulations
along with required supporting data.[4]
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel, or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres or less in area,
or where the act of division creates five or more parcels or building
sites by successive divisions within a period of five years, whether
done by the original owner or a successor owner.
Those lands which are partially or wholly covered by marshland
flora and generally covered with shallow standing water or lands which
are wet and spongy due to high water table.
The rules of administrative agencies having 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 or a replat as defined herein, no
such subdivision, land division or replat shall be entitled to record,
and no street shall be laid out or improvements made to land without
compliance with all requirements of this chapter and the following:
(1)
The provisions of Ch. 236 and § 80.08, Wis.
Stats.
(4)
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for floodplain management
program.
(5)
Comprehensive plans or components of such plans prepared
by state, regional, county or municipal agencies duly adopted by the
Village Board.
(6)
All applicable local and county regulations, including
zoning, sanitary, building and official mapping ordinances.
B.
Jurisdiction. Jurisdiction of these regulations shall
include all lands within the corporate limits of the Village of Theresa
as well as the unincorporated area within 1 1/2 miles of the
corporate limits as provided in §§ 236.10 and 62.23,
Wis. Stats. The provisions of this chapter, as they apply to divisions
of tracts of land into fewer than five parcels, shall not apply to:
(1)
Transfers of interest in land by will or pursuant
to court order.
(2)
Leases for a term not to exceed 10 years, mortgages
or easements.
(3)
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and
the lots resulting are not reduced below the minimum sizes required
by this chapter or other applicable laws or ordinances.
C.
Certified survey. Any division of land other than
a subdivision as defined in § 236.02(12), Wis. Stats., shall
be surveyed and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
E.
Applicability to condominiums. This chapter is expressly
applicable to condominium developments within the Village'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.
F.
Land suitability. No land shall be subdivided which
is held unsuitable for its proposed use by the Village Board for reason
of flooding, inadequate drainage, adverse soil or rock formation,
severe erosion potential, unfavorable topography, inadequate water
supply or sewage disposal capabilities, 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 Village. The Village Board,
in applying the provisions of this subsection, 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 Board may affirm, modify, or withdraw its
determination of unsuitability.
A.
Findings.
(1)
The Village 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 Village of Theresa 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 Village 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:
(1)
Sections 308-5 and 308-6 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 308-6 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to the following
condominiums:
A.
Preliminary meetings. Before filing a preliminary
plat or certified survey, the subdivider is encouraged to consult
with the Village Board for advice regarding general subdivision requirements.
The subdivider shall also submit a location map showing the relationship
of the proposed subdivision to traffic arteries and existing community
facilities. This consultation is neither formal nor mandatory but
is intended to inform the subdivider of the purpose and objectives
of these regulations, the Comprehensive Plan, Comprehensive Plan components
and duly adopted plan implementation devices of the Village and to
otherwise assist the subdivider in planning his development. In so
doing, both the subdivider and the planning agency may reach mutual
conclusions regarding the general program and objectives of the proposed
development and its possible effects on the neighborhood and community.
The subdivider will gain a better understanding of the subsequent
required procedures.
B.
Preliminary plat review within the Village.
(1)
Submission. Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file an adequate number of copies of the
plat and the application as required by this section with the Village
Clerk-Treasurer at least 25 days prior to the meeting of the Village
Board at which action is desired. The Village Clerk-Treasurer shall
submit a copy of the preliminary plat to the Village Engineer for
review and written report of his recommendations and reactions to
the proposed plat.[1]
(2)
Property owners' association. The Village Board may
require submission of 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.
(3)
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.
(4)
Supplementary data to be filed with preliminary plat.
The following shall also be filed with the preliminary plat:
(a)
A statement of the proposed use of lots, stating
the type of residential buildings with the number of proposed dwelling
units and the types of business or industry so as to reveal the effect
of the development on traffic, fire hazards and congestion of population;
(b)
If any zoning changes are contemplated, the
proposed zoning plan for the area, including dimensions; and
(c)
Where the subdivider owns property adjacent
to that which is being proposed for the subdivision, the Village Board
may require that the subdivider submit a preliminary plat of the remainder
of the property so as to show the possible relationship between the
proposed subdivision and future subdivision. In any event, all subdivisions
must be shown to relate well with existing or potential adjacent subdivisions.
(5)
Referral to other agencies.
(a)
The Village Clerk-Treasurer shall, within two
days after a preliminary plat is submitted, transmit four copies of
the plat to the County Planning Agency and two copies for each of
the state agencies required to review the plat to the Department of
Administration.[2]
(b)
The Village Clerk-Treasurer shall transmit a
copy of the preliminary plat to all affected Village boards, commissions
or departments and all affected local utility companies for their
review and recommendations concerning matters within their jurisdiction.
Their recommendations shall be transmitted to the Village Board within
15 days from the date the plat is filed. The preliminary plat shall
then be reviewed by the Board for conformance with this chapter and
all ordinances, rules, regulations, Comprehensive Plans and Comprehensive
Plan components which affect it.
(6)
Drafting standards. The subdivider shall submit to
the Village Clerk-Treasurer and to those agencies having the authority
to object to plats under provisions in Ch. 236, Wis. Stats., copies
of a preliminary plat based upon an accurate exterior boundary survey
by a registered land surveyor which shall show clearly the proposed
subdivision at a scale of not more than one inch per 100 feet, having
two-foot contour intervals, shall identify the proposed location of
facilities and easements which the subdivider plans to make and shall
indicate by accompanying letter when they will be provided. Any proposed
restrictive covenants for the land involved shall be submitted.[3]
C.
Preliminary plat approval within the Village.
(1)
Objecting agency recommendations. The objecting agencies
shall, within 20 days of the date of receiving their copies of the
preliminary plat, notify the subdivider and all other approving and
objecting agencies of any objections. If there are no objections,
they shall so certify on the face of the copy of the plat and shall
return that copy to the Village Board. If an objecting agency fails
to act within 20 days, it shall be deemed to have no objection to
the plat.
(2)
Board review. The Village Board shall, within 90 days
of the date the preliminary plat was filed with the Village Clerk-Treasurer,
approve, approve conditionally or reject such plat and shall state,
in writing, any conditions of approval or reasons for rejection, unless
the time is extended by written agreement by the subdivider. Failure
of the Village Board to act within 90 days or extension thereof shall
constitute an approval of the preliminary plat, unless other authorized
agencies object to the plat. The Village Clerk-Treasurer shall communicate
to the subdivider the action of the Village Board. If the plat or
map is approved, the Village Clerk-Treasurer shall endorse it for
the Village Board.
(3)
Approval or conditional approval. Approval or conditional
approval of a preliminary plat shall not constitute automatic approval
of the final plat, except that if the final plat is submitted within
six months of preliminary plat approval and conforms substantially
to the preliminary plat layout as indicated in § 236.11(1)(b),
Wis. Stats., the final plat shall be entitled to approval with respect
to such layout. The preliminary plat shall be deemed an expression
of approval or conditional approval of the layout submitted as a guide
to the preparation of the final plat which will be subject to further
consideration by the Village Board at the time of its submission.
(4)
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, except for the hearing and
fee, unless the amendment is, in the opinion of the Village Board,
of such scope as to constitute a new plat, in which such case it shall
be refiled.
D.
Final plat review.
(1)
The subdivider shall have a final plat prepared by
a registered land surveyor and a letter of application in accordance
with this chapter and shall file copies of the plat and the application
with the Village Clerk-Treasurer at least 25 days prior to the meeting
of the Village Board at which action is desired. The owner or subdivider
shall file six copies of the final plat not later than six 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 requested in writing by the subdivider and for good cause
granted by the Village. 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 Village Attorney may require
showing title or control in the applicant.[4]
(2)
The Village Clerk-Treasurer shall, within two days
after a final plat is submitted, transmit four copies of the plat
to the County Zoning Agency and two copies for each of the state agencies
required to review the plat to the Wisconsin Department of Administration.
In lieu of this procedure, the subdivider may submit the original
plat directly to the Department of Administration in accordance with
§ 236.12(6), Wis. Stats. [5]
(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),
Wis. Stats.
(5)
The Village Clerk-Treasurer shall refer two copies
of the final plat to the Village Board, one copy to the Engineer,
and a copy each to the telephone and power and other utility companies.
The abstract of title or registered property report shall be referred
to the Attorney for his examination and report. The Village Clerk-Treasurer
shall also refer the final plans and specifications of public improvements
to the Village Engineer for review. The recommendations of the Village
Engineer shall be made within 30 days of the filing of the final plat.
The Village Engineer shall examine the plat or map and final plans
and specifications of public improvements for technical details, and
if he finds them satisfactory he shall so certify in writing to the
Village Board. If the plat or map or the plans and specifications
are not satisfactory, the Village Engineer shall return them to the
owner and so advise the Village Board.
(6)
The Village Board shall examine the final plat as
to its conformance with the approved preliminary plat, any conditions
of approval of the preliminary plat, this chapter and all ordinances,
rules, regulations, Comprehensive Plans and Comprehensive Plan components
which may affect it.
E.
Partial platting. The final plat may, if permitted
by the Village Board, constitute only that portion of the approved
preliminary plat which the subdivider proposes to record at the time.
F.
Final plat approval.
(1)
The objecting 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.
If there are no objections, they shall so certify on the face of the
copy of the plat and shall return that copy to the Village Board.
If an objecting agency fails to act within 20 days, it shall be deemed
to have no objection to the plat.
(2)
If the final plat is not submitted within six months
of the last required approval of the preliminary plat, the Village
Board may refuse to approve the final plat.
(3)
The Village Board shall, within 60 days of the date
of filing the original final plat with the Village Clerk-Treasurer,
approve or reject such plat unless the time is extended by agreement
with the subdivider. If the plat is rejected, the reasons shall be
stated in the minutes of the meeting and a written statement of the
reasons forwarded to the subdivider. The Village Board may not inscribe
its approval on the final plat unless the Village Clerk-Treasurer
certifies on the face of the plat that the copies were forwarded to
objecting agencies as required herein, the date thereof and that no
objections have been filed within 20 days or, if filed, have been
met.
(4)
Failure of the Village Board to act within 60 days,
the time having not been extended and no unsatisfied objections having
been filed, the plat shall be deemed approved.
(5)
After the final plat has been approved by the Village
Board and required improvements either installed or a contract and
sureties insuring their installation is filed, the Village Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat returned to the subdivider
for recording with the County Register of Deeds. The Register of Deeds
cannot record the plat unless it is offered within 30 days from the
date of last approval and within nine months of the first approval.[7]
(6)
The subdivider shall file 10 copies of the final plat
with the Village Clerk-Treasurer for distribution to the approving
agencies and other affected agencies for their files.
G.
Engineering fee. The subdivider shall pay a fee equal
to the actual cost to the Village for all engineering work incurred
by the Village in connection with the plat or certified survey map.
H.
Administrative fee. The subdivider shall pay a fee
equal to the cost of any legal, administrative or fiscal work which
may be undertaken by the Village in connection with the plat or certified
survey map.
I.
Recording of plats or certified surveys. Plats and
certified surveys approved by the Village Board of the Village of
Theresa must be recorded, together with the adopting resolution, with
the County Register of Deeds within 30 days of the date of the last
resolution of preliminary approval and not later than nine months
following the date of the first resolution of approval. Land divisions
shall not be recognized by the Village until recorded with the Register
of Deeds. The volume, page, and document numbers of the recording
shall be filed with the Village Clerk-Treasurer and Building Inspector
prior to issuance of any permits. The subdivider shall file 10 certified
copies of the approved land division with the Village Clerk-Treasurer.[8]
J.
Plats within the extraterritorial plat approval jurisdiction. When land to be subdivided lies within 1 1/2 miles of the corporate limits of the Village, the subdivider shall proceed as specified in Subsections A through I, except that:
(1)
Transmittal responsibility lies with the Village Clerk-Treasurer,
Town Clerk or County Planning Agency to whomever the plat is first
submitted, and the subdivider shall indicate which one in the application.
(2)
Approving agencies include the Village Board, Town
Board and the County Planning Agency, and the subdivider must comply
with the land division ordinances of these agencies.
(3)
The subdivider may proceed with the installation of
such improvements and under such regulations as the Town Board of
the town within whose limits the plat lies may require. Wherever connection
to any Village authority is desired, permission for such connection
shall be approved by the Village Board.
(4)
All improvement requirements specified by the Town
Board or any special improvement district in matters over which it
has jurisdiction shall be met before filing of the final plat.
A.
General preliminary plat information. A preliminary
plat shall be required for all subdivisions and shall be based upon
a survey by a registered land surveyor, and the plat shall be prepared
on tracing cloth or paper of good quality at a scale of not more than
100 feet to the inch and shall show correctly on its face the following
information:
(1)
Title under which the proposed subdivision is to be
recorded.
(2)
Location of the proposed subdivision by government
lot, quarter section, township, range, county and state.
(3)
Date, scale and North point.
(4)
Names and addresses of the owner, subdivider and land
surveyor preparing the plat.
(5)
The entire area contiguous to the proposed plat owned
or controlled by the subdivider shall be included on the preliminary
plat even though only a portion of said area is proposed for immediate
development. The Village Board may waive this requirement where it
is unnecessary to fulfill the purpose and intent of this chapter and
undue hardship would result from strict application thereof.
B.
Preliminary plat data.
(1)
All preliminary plats shall show the following:
(a)
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.
(b)
Locations of all existing property boundary
lines, structures, drives, streams and watercourses, marshes, rock
outcrops, wooded areas, railroad tracks and other significant features
within the tract being subdivided or immediately adjacent thereto.
(c)
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.
(d)
Location and names of any adjacent subdivisions,
parks and cemeteries and owners of record of abutting unplatted lands.
(e)
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.
(f)
Location, size and invert elevation of any existing
sanitary or storm sewers, culverts and drainpipes, 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.
(g)
Corporate limit lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(h)
Existing zoning on and adjacent to the proposed
subdivision.
(i)
Contours within the exterior boundaries of the
plat and extending to the center line of adjacent public streets to
national map accuracy standards based upon mean sea level datum at
vertical intervals of not more than two feet. At least two permanent
bench marks shall be located in the immediate vicinity of the plat;
the location of the bench marks shall be indicated on the plat, together
with their elevations referenced to mean sea level datum, and the
monumentation of the bench marks shall be clearly and completely described.
Where, in the judgment of the Village Board, undue hardship would
result because of the remoteness of the parcel from a mean sea level
reference elevation, another datum may be used.
(j)
High-water elevation of all ponds, streams,
lakes, flowages and wetlands within the exterior boundaries of the
plat or located within 100 feet therefrom.
(k)
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.
(l)
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.
(m)
Soil types and their boundaries, as shown on
the operational soil survey maps prepared by the United States Department
of Agriculture, Soil Conservation Service.
(n)
Location and results of soil profiles or soil
evaluations within the exterior boundaries of the plat conducted in
accordance with the Wisconsin Administrative Code where the subdivision
will not be served by public sanitary sewer service.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
(o)
Location, width and names of all proposed streets
and public rights-of-way, such as alleys and easements.
(p)
Approximate dimensions of all lots together
with proposed lot and block numbers.
(q)
Location and approximate dimensions of any sites
to be reserved or dedicated for parks, playgrounds, drainageways or
other public use or which are to be used for group housing, shopping
centers, church sites or other nonpublic uses not requiring lotting.
(r)
Approximate radii of all curves.
(s)
Any proposed lake and stream access with a small
drawing clearly indicating the location of the proposed subdivision
in relation to access.
(t)
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.
(2)
Soil and water conservation. The Board, upon determining
from a review of the preliminary plat that the soil, slope, vegetation,
and drainage characteristics of the site are such as to require substantial
cutting, clearing, grading, and other earthmoving operations in the
development of the subdivision or otherwise entail a severe erosion
hazard, may require the subdivider to provide soil erosion and sedimentation
control plans and specifications. In addition, the Board may request
a review of such plans by the County Land Conservation Department.
(3)
Street plans and profiles. The Board may require that
the subdivider provide street plans and profiles showing existing
ground surface and proposed and established street grades, including
extensions for a reasonable distance beyond the limits of the proposed
subdivision when requested. All elevations shall be based upon the
same datum as above, and plans and profiles shall meet the approval
of the Board.
(4)
Covenants. The Board may require submission of a draft
of protective covenants whereby the subdivider intends to regulate
land use in the proposed subdivision and otherwise protect the proposed
development.
(5)
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.
(6)
Additional information. Where the Village Board finds
that it requires additional information relative to a particular problem
presented by a proposed development in order to review the preliminary
plat, it shall have the authority to request in writing such information
from the subdivider.
C.
Proposed layout. The Village Board may require a proposed
subdivision layout of all or part of the contiguously owned land even
though division is not planned at the time.
D.
Design requirements. To the extent reasonably practicable,
the certified survey/minor subdivision plat 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.
E.
Final plat technical requirements.
(1)
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.
(2)
Information. The final plat shall show correctly on
its face, in addition to the information required by § 236.20,
Wis. Stats., the following:
(a)
Exact street width along the line of any obliquely
intersecting street.
(b)
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, a vertical distance of two feet above the elevation
of the maximum flood of record.
(c)
Location of individual lot soil boring and soil
profiles or soil evaluations as required by the Wisconsin Administrative
Code for all lots not served by public sewer. The results of the tests
shall be submitted with the plat.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
(d)
Railroad rights-of-way within and abutting the
plat.
(e)
Setbacks or building lines required by any approving
or reviewing agency.
(f)
All lands reserved for future public acquisition
or reserved for the common use of property owners within the plat.
If property reserved for common use is located within the subdivision,
provisions and plans for its use and maintenance shall be submitted
with the plat.
(g)
Special restrictions required by the Board and
other approving or objecting agencies relating to access control along
public ways, the provision of planting strips, or shorelands or floodlands.
(3)
Additional information. Where the Village Board finds
that it requires additional information relative to a particular problem
presented by a proposed development to review the final plat, it shall
have the authority to request in writing such information from the
subdivider.
(5)
Surveying and monumenting. All final plats shall meet
all the surveying and monumenting requirements of § 236.15,
Wis. Stats.
(6)
Relocated quarter section corners. Where the final
plat is located within a quarter section the corners of which have
been relocated, monumented and coordinated by the Village, the plat
shall be tied directly to one of the section or quarter corners so
relocated, monumented and coordinated. The exact grid bearing and
distance of such tie shall be determined by field measurements, and
the material of the monument marking the relocated section or quarter
corner to which the plat is tied shall be indicated on the plat.
(7)
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.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in Subsections A through F of § 308-5.
B.
The Village Clerk-Treasurer shall schedule a public
hearing before the Village Board when a preliminary plat of a replat
of lands within the Village is filed and shall cause notice of the
proposed replat and public hearing to be mailed to the owners of all
properties within the limits of the exterior boundaries of the proposed
replat and to the owners of all properties within 200 feet of the
exterior boundaries of the proposed replat.
A.
Certified survey use. When it is proposed to divide
land into not more than four parcels or building sites, the subdivider
may subdivide by use of a certified survey map.
B.
Letter of intent. The subdivider shall submit to the
Village Clerk-Treasurer a letter of intent. The letter of intent shall
specify:
(1)
The name and address of the owner of the property
under consideration.
(2)
The name and address of the subdivider.
(3)
The name and address of the surveyor who will be doing
the work.
(4)
The names and addresses of all prospective buyers.
(5)
The location and size of the property.
(6)
The present use of the land.
(7)
The intended future use of the land.
(8)
The estimated timetable of development.
C.
Sketch map. Accompanying the letter of intent, for
areas outside the floodplain, the subdivider shall submit a sketch
map at a scale of one inch equals 200 feet or other appropriate scale.
More than one sketch map may be used to show the required information,
but they shall be of the same scale and no one map shall be larger
than 8 1/2 by 14 inches. Each submission shall include all contiguously
owned land, except the sketch need not show more than 20 times the
area of the intended certified survey. This sketch map shall show
the following information:
(1)
North arrow, date and scale.
(2)
Reference to a section corner.
(3)
Approximate dimensions of the parcels and easements.
(4)
The location of existing buildings, water wells, sewerage
systems, watercourses, drainage ditches and other features pertinent
to proper division.
(5)
Setback or building lines required by any approving
agency.
(6)
The uses of the land adjacent to the property and
existing roads, easements of record, public access to navigable waters,
dedicated areas and utilities.
D.
Floodplain areas. The Board may require that two-foot
contour maps prepared by a registered surveyor or engineer be the
basis of the sketch in floodplain areas.
E.
Proposed layout. The Board may require a proposed
subdivision layout of all or part of the contiguously owned land even
though division is not planned at the time.
F.
Additional information. The Board may require contour
maps and individual lot percolation tests and soil borings prior to
tentative approval where limiting conditions are suspected.
G.
Tentative approval. The Board may grant tentative
approval based on the letter of intent and sketch map pending submission
of the certified survey map. Tentative approval shall assure final
approval if the certified survey submitted within the six months is
substantially the same plan and all requirements for division are
met.
H.
Certified survey. The subdivider shall cause a certified
survey map to be prepared in accordance with this section and submit
then 10 copies along with the individual lot percolation tests and
soil borings (for lots not served by public sewer) to the Village
Clerk-Treasurer. The map shall be reviewed by the Board for conformance
with this chapter and all ordinances, rules, regulations, Comprehensive
Plans, and Comprehensive Plan components which affect it. The Village
Board shall approve or reject such map within 90 days from the date
of filing of the map unless the time is extended by agreement with
the subdivider. If the map is rejected, the reason shall be stated
in the minutes of the meeting and a written statement forwarded to
the subdivider. If the map is approved, the Board shall cause the
Village Clerk-Treasurer to so certify on the face of a copy of the
map and return it to the submitter.[1]
I.
Recordation. The subdivider shall record the map with
the County Register of Deeds within 30 days of its approval by the
Village Board.
J.
Certified survey map technical requirements.
(1)
General. A certified survey map prepared by a registered
land surveyor shall be required for all minor subdivisions. It shall
comply in all respects with the requirements of § 236.34,
Wis. Stats. The minor subdivision shall comply with the design standards
set forth in this chapter.
(2)
Information. The map shall show correctly on its face,
in addition to the information required by § 236.34, Wis.
Stats., the following:
(a)
Date of map.
(b)
Graphic scale.
(c)
Name and address of the owner, subdivider and
surveyor.
(d)
All existing buildings, watercourses, drainage
ditches and other features pertinent to proper division.
(e)
Names of adjoining streets, highways, parkways,
cemeteries, subdivisions, ponds, streams, lakes, flowages and wetlands.
(f)
Acreage included in each parcel.
(g)
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, a vertical distance of two feet above the elevation
of the maximum flood of record.
(h)
Location of individual lot soil boring and percolation
tests, as required by the Wisconsin Administrative Code, for all lots
not served by public sewer. The results of the tests shall be submitted
with the map.[2]
(i)
Setbacks or building lines required by any approving
or reviewing agency.
(j)
All lands reserved for future public acquisition.
(3)
Additional information. Where the Board finds that
it requires additional information relative to a particular problem
presented by a proposed development to review the certified survey
map, it shall have the authority to request, in writing, such information
from the subdivider as information on shoreline and bottom characteristics.
(4)
Relocated quarter sections. Where the map is located
within a quarter section the corners of which have been relocated,
monumented and coordinated by the Village, the map shall be tied directly
to one of the section or quarter corners so relocated, monumented
and coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material of the monument
marking the relocated section or quarter corner to which the map is
tied shall be indicated on the map.
(5)
Certificates. The surveyor shall certify on the face
of the map that he has fully complied with all the provisions of this
chapter. The Village Board, after a recommendation by the reviewing
agencies, shall certify its approval on the face of the map.
(6)
Recordation. The certified survey map shall only be
recorded with the County Register of Deeds after the certificates
of the Village Board and the surveyor are placed on the face of the
map.
A.
Compliance with Comprehensive Plans. In any new subdivision
the street layout shall conform to the arrangement, width and location
indicated on the Official Map, Comprehensive Plan or component neighborhood
development plan of the Village of Theresa. In areas for which such
plans have not been completed, the street layout shall recognize the
functional classification of the various types of streets and shall
be developed and located in proper relation to existing and proposed
streets, to the topography, to such natural features as rivers and
tree growth, to public convenience and safety, to the proposed use
of the land to be served by such streets, and to the most advantageous
development of adjoining areas. The subdivision shall be designed
so as to provide each lot with satisfactory access to a public street.
B.
Street classification.
(1)
Arterial streets. Arterial streets, as hereafter defined,
shall be arranged so as to provide ready access to centers of employment,
centers of governmental activity, community shopping areas, community
recreation, and points beyond the boundaries of the community. They
shall also be properly integrated with and related to the existing
and proposed system of major streets and highways and shall be, insofar
as practicable, continuous and in alignment with existing or planned
streets with which they are to connect.
(2)
Collector streets. Collector streets, as hereafter
defined, shall be arranged so as to provide ready collection of traffic
from residential areas and conveyance of this traffic to the major
street and highway system and shall be properly related to special
traffic generators, such as schools, churches and shopping areas,
and other concentrations of population and to the major streets into
which they feed.
(3)
Minor streets. Minor streets, as hereafter defined,
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 provide the minimum street area necessary
to provide safe and convenient access to abutting property. Minor
street locations and street grades shall be established wherever practicable
in such a manner as to avoid excessive grading and to avoid the excessive
removal of tree growth and general leveling of the topography.
C.
Environmental factors. Street, block, and lot layouts shall be adjusted to the capacity of the soil and water resources and shall be designed so as to least disturb the existing terrain, flora, fauna, and water regimen and to meet all of the use, site, sanitary, floodland, and shoreland regulations contained in Chapter 350, Zoning, and other applicable ordinances.
D.
Lake front access. River or lake shores shall have
60 feet of public access platted to the low-water mark at intervals
of not more than 0.5 mile as required by § 236.16(3), Wis.
Stats.
E.
Reserve strips. Reserve strips shall not be provided
on any plat to control access to streets or alleys, except where control
of such strips is placed with the Village under conditions approved
by the Board.
F.
Compliance with statutes. In laying out a subdivision,
the owner shall conform to the provisions of Ch. 236, Wis. Stats.,
and all applicable code sections. In all cases where the requirements
of this chapter are different from the requirements of Ch. 236, Wis.
Stats., the more restrictive provision shall apply.
G.
Dedication. The subdivider shall dedicate land and
improve streets as provided in this chapter. Streets shall be located
with due regard for topographical conditions, natural features, existing
and proposed streets, utilities and land uses and public convenience
and safety. Streets shall conform to the Official Map of the Village.
H.
Sufficient frontage. All lots shall have sufficient
frontage on a public street to allow access by emergency and service
motor vehicles.
I.
Extraterritorial streets. Streets located in the extraterritorial
plat approval jurisdiction of the Village of Theresa must also comply
with the minimum town road standards of § 86.26, Wis. Stats.
J.
Continuation. Streets shall be laid out to provide
for possible continuation wherever topographic and other physical
conditions permit. Provision shall be made so that all proposed streets
shall have a direct connection with, or be continuous and in line
with, existing, planned or platted streets with which they are to
connect. Proposed streets shall be extended to the boundary lines
of the tract to be subdivided, unless prevented by topography or other
physical conditions, or unless in the opinion of the Village Board
such extension is not necessary or desirable for the coordination
of the layout of the subdivision with existing layout or the most
advantageous future development of adjacent tracts.[1]
K.
Minor streets. Minor streets shall be so laid out
as to discourage their use by through traffic.
L.
Number of intersections. The number of intersections
of minor streets with major streets shall be reduced to the practical
minimum consistent with circulation needs and safety requirements.
M.
Frontage roads. Where a subdivision abuts or contains
an existing or proposed arterial highway, the Village Board may require
a frontage road, nonaccess reservation along the rear of the property
contiguous to such highway or such other treatment as may be necessary
to ensure safe, efficient traffic flow and adequate protection of
residential properties.
N.
Arterial street and highway protection. Whenever the
proposed subdivision contains or is adjacent to a major street or
highway, adequate protection of residential properties, limitation
of access and separation of through and local traffic shall be provided
by reverse frontage, with screen planting contained in a nonaccess
reservation along the rear property line, or by the use of frontage
streets.
O.
Private streets. Private streets shall not be approved
nor shall public improvements be approved for any private street,
except for condominium developments; all streets shall be dedicated
for public use, except for condominium developments.[2]
P.
Visibility. Streets shall afford maximum visibility
and safety and shall intersect at right angles where practicable.
Q.
Vertical curves. All changes in street grades shall
be connected by vertical curves of a minimum length in feet equivalent
to 30 times the algebraic difference in grade for major thoroughfares
and 20 times this algebraic difference for all other streets.
R.
Half streets. Where a half street is adjacent to the
subdivision, the other half street shall be dedicated by the subdivider.
S.
Intersections.
(1)
Property lines at street intersections of major thoroughfares
shall be rounded with a radius of 15 feet or of a greater radius where
the Village Board considers it necessary.
(3)
Streets shall intersect each other at as nearly right
angles as topography and other limiting factors of good design permit.
(4)
The number of streets converging at one intersection
shall be reduced to a minimum, preferably not more than two.
T.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial
districts, except that the Village Board may waive this requirement
where other definite and assured provisions are made for service access,
such as off-street loading and parking, consistent with and adequate
for the uses proposed. No alleys shall connect with a major thoroughfare.
Alleys in residential areas other than those zoned for multiple-family
use shall not be permitted. The width of alleys shall be no less than
24 feet.
(2)
Dead-end alleys are prohibited.
U.
Street names. New street names shall not duplicate
the names of existing streets, but streets that are continuations
of others already in existence and named shall bear the names of the
existing streets. Street names shall be subject to approval by the
Village Board.
V.
Street design standards. The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified in § 308-15.
W.
Limited access highway and railroad right-of-way treatment.
Whenever the proposed subdivision contains or is adjacent to a limited
access highway or railroad right-of-way, the design shall provide
the following treatment:
(1)
Subdivision lots. When lots within the proposed subdivision
back upon the right-of-way of an existing or proposed limited access
highway or a railroad, a planting strip at least 30 feet in depth
shall be provided adjacent to the highway or railroad in addition
to the normal lot depth. This strip shall be part of the platted lots
but shall have the following restriction lettered on the face of the
plat: "This strip is reserved for the planting of trees and shrubs;
the building of structures hereon is prohibited."
(2)
Commercial and industrial districts. Commercial and
industrial districts shall have provided, on each side of the limited
access highway or railroad, streets approximately parallel to and
at a suitable distance from such highway or railroad for the appropriate
use of the land between such streets and highway or railroad, but
not less than 150 feet.
(3)
Streets parallel to a limited access highway. Streets
parallel to a limited access highway or railroad right-of-way, when
intersecting a major street and highway or collector street which
crosses said railroad or highway, shall be located at a minimum distance
of 250 feet from said highway or railroad right-of-way. Such distance,
where desirable and practicable, shall be determined with due consideration
of the minimum distance required for the future separation of grades
by means of appropriate approach gradients.
(4)
Minor streets. Minor streets immediately adjacent
and parallel to railroad rights-of-way shall be avoided, and location
of minor streets immediately adjacent to arterial streets and highways
and to railroad rights-of-way shall be avoided in residential areas.
A.
Length; arrangement. The lengths, widths and shapes
of blocks shall be appropriate for the topography and the type of
development contemplated, but block length in residential areas shall
not generally be less than 600 feet or exceed 1,500 feet nor have
less than sufficient width to provide for two tiers of lots of appropriate
depth between street lines. A block shall be so designated as to provide
two tiers of lots, unless it adjoins a railroad, major thoroughfare,
river or park, where it may have a single tier of lots.
B.
Pedestrian pathways. Pedestrian pathways, not less
than 10 feet wide, may be required by the Village Board through the
center of a block more than 900 feet long, where deemed essential
to provide circulation or access to schools, playgrounds, shopping
centers, transportation and other community facilities.
A.
Size, shape and orientation of lots shall be appropriate for the location of topography of the subdivision 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 350, Zoning. See § 350-12.[1]
B.
Lot dimensions and setbacks shall conform to the requirements of Chapter 350, Zoning, for the appropriate district in which the property is located.
C.
Lots shall have a minimum average depth of 120 feet. Excessive depth in relation to width shall be avoided and a proportion of 2:1 shall be considered a desirable ratio under normal conditions. Depth 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 350, Zoning.[2]
D.
Residential lots fronting on major streets and highways
shall be platted with extra depth or designed to alleviate the effect
of major street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width of 10 feet to permit building setback from both streets, as required by Chapter 350, Zoning.
F.
Every lot shall abut or face a public street. Lots
outside the corporate limits may abut or face a private street, if
permitted by the Village Board. Every lot shall front or abut for
a distance of at least 30 feet at the property line on a public street.
G.
Side lot lines shall be at right angles to straight
street lines or radial to curved street lines on which the lots face.
Lot lines shall follow municipal boundary lines rather than cross
them.
H.
In case a tract is divided into parcels of more than 1 1/2 acres in area, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 350, Zoning.
I.
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.
J.
In the subdividing 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.
K.
All remnants of lots below minimum size left over
after subdividing 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.
L.
In the case where a proposed plat is adjacent to a
limited access highway, other major highway or thoroughfare, there
shall be no direct vehicular access from individual lots to such streets
and roads. In the platting of small tracts of land fronting on limited
access highways or thoroughfares where there is no other alternative,
a temporary entrance may be granted; as neighboring land becomes subdivided
and more preferable access arrangements become possible, such temporary
access permits shall become void.
M.
Lands lying between the meander line, established
in accordance with § 236.20(2)(g), Wis. Stats., and the
water's edge and any otherwise unplatted lands which lie between a
proposed subdivision and the water's edge shall be included as parts
of lots, outlots, or public dedications in any plat abutting a lake
or stream. This requirement applies not only to lands proposed to
be subdivided but also to all lands under option to the subdivider
or in which he holds any interest and which are contiguous to the
lands proposed to be subdivided and which abut a lake or stream as
provided in § 236.16(4), Wis. Stats.
A.
Drainage system required. A drainage system shall
be designed and constructed by the subdivider to provide for the proper
drainage of the surface water of the subdivision and the drainage
area of which it is a part. A final plat shall not be approved until
the subdivider shall submit plans, profiles and specifications as
specified in this section which have been prepared by a registered
professional engineer and approved by the Village Engineer.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village Engineer
and Village Board a report on the ability of existing watercourse
channels, storm sewers, culverts and other improvements pertaining
to drainage or flood control within the subdivision to handle the
additional runoff which would be generated by the development of the
land within the subdivision. Additional information shall be submitted
to adequately indicate that provision has been made for disposal of
surface water without any damage to the developed or undeveloped land
downstream or below the proposed subdivision. The report shall also
include:
(2)
A grading plan for the streets, blocks and lots shall
be submitted by the subdivider for the area within the subdivision.
C.
Grading. The subdivider shall grade each subdivision
in order to establish street, block and lot grades in proper relation
to each other and to topography as follows:
(1)
The subdivider shall grade the full width of the right-of-way
of all proposed streets in accordance with the approved plans.
(2)
Block grading shall be completed by one or more of
the following methods:
(a)
A ridge may be constructed along the rear lot
lines which provides for drainage onto the streets.
(b)
Parts of all lots may be graded to provide for
drainage to the street or to a ditch along the rear lot line.
(c)
Draining across rear or side lot lines may be
permitted, provided that drainage onto adjoining properties is skillfully
controlled.
D.
Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.
(1)
Street drainage. All streets shall be provided with
an adequate storm drainage system. The street storm system shall serve
as the primary drainage system and shall be designed to carry street,
adjacent land and building stormwater drainage. No stormwater shall
be permitted to be run into the sanitary sewer system within the proposed
subdivision.
(2)
Off-street drainage. The design of the off-street
drainage system shall include the watershed affecting the subdivision
and shall be extended to a watercourse or ditch adequate to receive
the storm drainage. When the drainage system is outside of the street
right-of-way, the subdivider shall make provisions for dedicating
an easement of the Village to provide for the future maintenance of
said system. Easements shall be a minimum of 20 feet, but the Village
may require larger easements if more area is needed due to topography,
size of watercourse, etc.
E.
Protection of drainage systems. The subdivider shall
adequately protect all ditches to the satisfaction of the Village
Engineer. Ditches and open channels shall be seeded, sodded or paved
depending upon grades and soil types approved by the Village Board.
(Generally ditches or channels with grades up to 1% may be seeded,
those with grades up to 4% may be sodded and those with grades over
4% may be paved.)[3]
F.
Drainage easements. Where a land division is traversed
by a watercourse, drainageway, channel or stream:
(1)
There shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse
and such further width or construction, or both, as will be adequate
for the purpose and as may be necessary to comply with this section;
(2)
The watercourse, drainageway, channel or stream may
be relocated in such a manner that the maintenance of adequate drainage
will be assured and the same provided with a stormwater easement or
drainage right-of-way conforming to the lines of the relocated watercourse
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section;
or
G.
Dedication of drainageways. Whenever a parcel is to
be subdivided or consolidated and embraces any part of a drainageway
identified on a Village Comprehensive Stormwater Management Plan,
Comprehensive Plan and/or Official Map or any portion thereof, such
part of said existing or proposed public drainageway shall be platted
and dedicated by the subdivider as an easement or right-of-way in
the location and at the size indicated along with all other streets
and public ways in the land division. Whenever any parcel is to be
subdivided or consolidated and is part of a drainage district established
under the authority of Ch. 88, Wis. Stats., the subdivider shall petition
the Circuit Court to transfer the jurisdiction of that portion of
the drainage district being subdivided or consolidated to the Village
in accordance with § 88.83, Wis. Stats.
H.
Dedication/preservation of stormwater management facilities.
The subdivider shall dedicate sufficient land area for the storage
of stormwater to meet the needs to be created by the proposed land
development and in accordance with the standards for on-site detention
and as determined by the Village Engineer. Whenever a proposed stormwater
management facility (e.g., detention or retention basin) shown on
the Comprehensive Stormwater Management Plan, Comprehensive Plan and/or
Official Map is located, in whole or in part, within the proposed
land division, ground areas for providing the required storage capacity
in such proposed public facility shall be dedicated to the public
to the requirements of the Comprehensive Plan and/or Official Map.
Storage areas necessary to serve areas outside the land division shall
be held in reserve for a period of five years from the date of final
plat approval for future dedication to the Village or other appropriate
agency.
I.
Storm drainage facilities. The subdivider, at his
cost, shall install all drainage facilities identified in the erosion
control plan or determined by the Village Engineer as being necessary
for the management of all lands and roadways within the development.
In addition, drainage capacity through the development from other
areas shall be provided in accordance with a comprehensive surface
water management study, if applicable. All required storm drainage
facilities shall be constructed and operational prior to acceptance
of any dedications and/or public improvements served by the storm
drainage facilities.
J.
Minor drainage system. 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 commercial zoning 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.
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.[5]
K.
Major drainage system. 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.
L.
Drainage piping systems.
(1)
All drainage piping of 12 inches in diameter and greater
in street rights-of-way shall be approved by the Village Engineer
in consultation with the Village Board. Piping materials outside of
rights-of-way shall be subject to approval of the Village Engineer.
All storm sewer outlets shall be equipped with steel bar or iron pipe
debris gates.[6]
(2)
Agricultural drain tiles which are disturbed during
construction shall be restored, reconnected or connected to public
storm drainage facilities.
M.
Open channel systems.
(1)
Where open channels are utilized in either the minor
or major drainage system, they shall be designed so as to minimize
maintenance requirements and maximize safety. Drainage easements (in
lieu of dedications) shall be utilized to accommodate open channels
provided adequate access by the Village for maintenance of drainage
capacity. Side slopes shall not exceed a slope of 4:1. Drainageways,
where subject to high groundwater, continuous flows, or other conditions
as determined by the Village Engineer that would hamper maintenance
operations due to consistently wet conditions, may require a paved
concrete invert of not less than eight feet wide and side slopes to
a point one foot above the channel invert.[7]
(2)
In areas where invert paving is not required, the
drainageway bottom shall be grass. If the drainageway has a bare soil
bottom or the natural grasses in the drainageway are disturbed due
to development operations, the drainageway bottom shall be sodded
and securely staked to one foot above the elevation of inundation
resulting from a predevelopment five-year, twenty-four-hour storm
event. Other disturbed areas shall be seeded and prepared in accordance
with the Village's erosion control requirements. Velocities for grass-lined
channels shall not exceed those presented in the Village's Surface
Water Management Study, if one is adopted.
N.
Standards for on-site detention storage. When the
subdivider employs on-site detention to control erosion and sedimentation,
reduce the post-development peak runoff rate or temporarily store
stormwater runoff due to inadequate downstream drainage facilities,
the detention (storage) facilities shall be subject to regulation
in accordance with the following standards:
(1)
Where on-site detention is temporarily employed for
erosion and sedimentation control, the detention facilities shall
safety contain the predevelopment runoff from a five-year storm event
of 24 hours' duration.
(2)
Where on-site detention is permanently employed to
reduce the post-development peak runoff, the detention facility shall
safety contain the post-development runoff from a twenty-five-year
storm event of 24 hours' duration within the limits of the facility.
(3)
Post-development peak runoff rates shall be limited
to predevelopment levels, up to and including twenty-five-year return
period storms.
(4)
All detention facilities shall safety contain or pass
the runoff from any storm of any duration which exceeds the maximum
storm required to be contained up to the one-hundred-year storm event
of 24 hours' duration.
(5)
All permanent detention facilities shall safety contain
the runoff from the one-hundred-year storm event of 24 hours' duration
on both public and, if necessary, private properties without inundating
any building at the ground elevation, the travel lanes of any arterial
street, the center 10 feet of any collector street or the top of the
curb on any local street.
(6)
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.
(7)
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.
(8)
All detention facilities shall be designed with the
safety of the general public and any considerations for ease of maintenance
as top proprieties.
(9)
Any wet detention facilities shall include riprap
to not less than two feet above the normal pool elevation for protection
from wave action.
(10)
The sides of all detention facilities shall
have a maximum slope ratio of 4:1 (horizontal to vertical), with flatter
slopes being required where determined practical by the Village Engineer.
(11)
The Village Board, upon recommendation by the
Village Engineer, may require the installation of fencing or other
such security measures in detention facilities with excessively long
downtimes or permanent water features, or other features requiring
additional security for safety reasons.
A.
Design capacity. All improvements shall be installed
and coordinated to satisfy the service requirements for the service
or drainage area in which the subdivision is located, and the improvements
shall be of sufficient capacity to handle the expected development
of the overall service or drainage area involved.[1]
B.
Extra-size improvements. Where improvements in excess
of the size needed to serve just the proposed subdivision are required,
the subdivider shall pay for the total cost of improvements he is
required to install to serve his subdivision. The additional costs
which result from the extra-size improvement shall be paid for by
the subdivider. Thus, when conditions within the whole drainage area
will require an eighteen-inch sanitary sewer, for example, and a twelve-inch
sewer will adequately serve the subdivision involved, the subdivider
shall construct the eighteen-inch utility.
C.
Off-site extensions. When streets or utilities are
not available at the boundary of the proposed subdivision, the Village,
or its duly authorized representative, shall require, as a prerequisite
to approval of a final plat, assurances that such improvement extensions
shall be provided as follows:
(1)
Extensions of utilities onto the property involved
shall be adequate to serve the total development requirements of the
service or drainage area. Utilities leaving the property shall be
constructed in such a manner as to make their extension practical
for servicing the adjacent areas of the service or drainage area.
(2)
If the Village, or its duly authorized representative,
finds that extensions across undeveloped areas would not be warranted
as a special assessment to the intervening properties or as a governmental
expense until some future time, the developer shall be required, if
he wishes to proceed with the development, to obtain necessary easements
or rights-of-way and construct and pay for such extensions. Such improvements
shall be available for connections by subdividers of adjoining land,
and the subdivider may contract with adjacent property owners and/or
subdividers of adjacent land for reimbursement of the oversize and/or
off-site improvements constructed.
D.
Sewage lift stations. Where sanitary sewage lift stations
and force mains are required to lift sewage to the gravity system,
the subdivider shall have plans, profiles and specifications prepared
for the installation of such facilities. The installation, inspection,
supervision and engineering fees for lift stations and/or force mains
shall be paid for by the subdivider unless otherwise determined and
agreed upon the Village Board.[2]
A.
General.
(1)
If a proposed subdivision includes land that is zoned
for commercial or industrial purposes, the layout of the subdivision
with respect to such land shall make such provisions as the Village
may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 350, Zoning. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Village, and shall conform to the proposed land use standards established by the Comprehensive Plan, Official Map and Chapter 350, Zoning.
B.
Standards. In addition to the principles and standards
in these regulations, which are appropriate to the planning of all
subdivisions, the applicant shall demonstrate to the satisfaction
of the Village that the street, parcel and block pattern proposed
is specifically adapted to the uses anticipated and takes into account
other uses in the vicinity. The following principles and standards
shall be observed:
(1)
Proposed industrial parcels shall be suitable in area
and dimensions to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate
to accommodate the type and volume of traffic anticipated to be generated
thereupon.
(3)
Special requirements may be imposed by the Village
with respect to street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the Village
with respect to the installation of public utilities, including water,
sewer and stormwater drainage.
(5)
Every effort shall be made to protect adjacent residential
areas from potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels backing
up on existing or potential residential development and provisions
for permanently landscaped buffer strips when necessary.
(6)
Streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of
adjacent existing or potential residential areas.
A.
General requirement.[1]
(1)
In accordance with the authority granted by § 236.13,
Wis. Stats., the Village of Theresa hereby requires that, as a condition
of final plat or certified survey approval, the subdivider agree to
make and install all public improvements, 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 this
chapter, and that the subdivider shall provide the Village with security
to insure that the subdivider will make the required improvements.
As a further condition of approval, the Village 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)
The required improvements shall be installed in accordance
with the standards of this chapter and any additional engineering
standards and specifications which have been adopted by the Village
Board and filed with the Village Clerk-Treasurer. Where standards
and specifications have not been adopted, the improvements shall be
made in accordance with good engineering practices.
B.
Guarantee for installation of required improvements.
(1)
Payment for installation of improvements. The required
improvements to be furnished and installed by the subdivider are listed
and described in this chapter. For any project to be considered where
there will be Village financial involvement, the plat must be approved
by November 1 of the year preceding the beginning of construction
in order to comply with budget process requirements; provided, however,
that in the case of an improvement, the cost of which would by general
policy be assessed only in part to the improved property and the remaining
cost paid out of general tax levy, provision may be made for payment
of a portion of the cost by the subdivider and the remaining portion
of the cost by the Village. If any improvement installed within the
subdivision will be of substantial benefit to land beyond the boundaries
of the subdivision, provision may be made for causing a portion of
the cost of the improvement, representing the benefit to such land,
to be assessed against the same, and in such case the subdivider will
be required only to pay for such portion of the whole cost of said
improvement as will represent the benefit to the property within the
subdivision.[2]
(2)
Required agreement providing for proper installation
of improvements.
(a)
Prior to installation of any required improvements
and prior to approval of the final plat, the subdivider shall enter
into a written contract with the Village requiring the subdivider
to furnish and construct said improvements at his sole cost and in
accordance with plans and specifications and usual contract conditions,
which shall include provision for supervision of details of construction
by the Village Engineer and grant to the Engineer authority to correlate
the work to be done under said contract by any subcontractors authorized
to proceed thereunder with any other work being done or contracted
by the Village in the vicinity.
(b)
The agreement shall require the subdivider to
make an escrow deposit or in lieu thereof to furnish a performance
bond or irrevocable letter of credit, the amount of the deposit and
the penal amount of the bond to be equal to 125% the Engineer's estimate
of the total cost of the improvements to be furnished under the contract,
including the cost of inspection.
(c)
On request of the subdivider, the contract may
provide for completion of part or all of the improvements covered
thereby prior to acceptance of the plat, and in such event the amount
of the deposit or bond shall be reduced in a sum equal to the estimated
cost of the improvements so completed prior to acceptance of the plat
only. If the required improvements are not complete within the specified
period, all amounts held under performance bond shall be turned over
and delivered to the Village and applied to the cost of the required
improvements. Any balance remaining after such improvements have been
made shall be returned to the owner or subdivider. The Village Board,
at its option, may extend the bond period for an additional period
not to exceed two years.
(d)
The time for completion of the work and the
several parts thereof shall be determined by the Village Board upon
recommendation of the Engineer after consultation with the subdivider.
(e)
The subdivider shall pay the Village for all
costs incurred by the Village for review and inspection of the subdivision.
This would include preparation and review of plans and specifications
by the Engineer, Planner and Attorney, as well as other costs of a
similar nature.
(f)
Contractors and subcontractors who are to be
engaged in the construction of street and utility improvements on
dedicated street rights-of-way shall be subject to the approval of
the Board.
(g)
Governmental units to which these security and
contract provisions apply may file, in lieu of said contract and security,
a letter from officers authorized to act on their behalf agreeing
to comply with the provisions of this section.
C.
Procedure.
(1)
Construction plans and specifications. Construction
plans for the required improvements conforming in all respects with
the standards of the Village Engineer and the ordinances of the Village
shall be prepared at the subdivider's expense by a professional engineer
who is registered in the State of Wisconsin, and said plans shall
contain his seal. Such plans, together with the quantities of construction
items, shall be submitted to the Village Engineer for his approval
and for his estimate of the total cost of the required improvements;
upon approval they shall become a part of the contract required. Simultaneously
with the filing of the preliminary plat with the Village Clerk-Treasurer
or as soon thereafter as practicable, copies of the construction plans
and specifications shall be furnished for the following public improvements:
(a)
Street plans and profiles showing existing and
proposed grades, elevations and cross sections of required improvements.
(b)
Sanitary sewer plans and profiles showing the
locations, grades, sizes, elevations and materials of required facilities.
(c)
Storm sewer and open channel plans and profiles
showing the locations, grades, sizes, cross sections, elevations and
materials of required facilities.
(d)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
(e)
Erosion and sedimentation control plans showing
those structures required to retard the rate of runoff water and those
grading and excavating practices that will prevent erosion and sedimentation.
(f)
Planting plans showing the locations, age, caliper,
species and time of planting of any required grasses, vines, shrubs
and trees.
(g)
Additional special plans or information as required
by Village officials.
(2)
Action by the Village Engineer. The Village Engineer
shall review or cause to be reviewed the plans and specifications
for conformance with the requirements of this Code and other pertinent
Village design standards recommended by the Village Engineer and approved
by the Village Board. If he rejects the plans and specifications he
shall notify the owner, who shall modify the plans or specifications
or both accordingly. When the plans and specifications are corrected,
the Village Engineer shall approve the plans and specifications for
transmittal to the Village Board. The Village Board shall approve
the plans and specifications before the improvements are installed.
(3)
Construction and inspection.
(a)
Prior to starting any of the work covered by
the plans approved above, written authorization to start the work
shall be obtained from the Village Engineer upon receipt of all necessary
permits and in accordance with the construction methods of this chapter.
(b)
Construction of all improvements required by
this chapter shall be completed within two years from the date of
approval of the preliminary plat by the Village Board, unless good
cause can be shown for the Village Board to grant an extension.
(c)
During the course of construction, the Village
Engineer shall make such inspections as he deems necessary to ensure
compliance with the plans and specifications as approved. The owner
shall pay the actual cost incurred by the Village for such inspections.
This fee shall be the actual cost to the Village of inspectors, engineers
and other parties necessary to ensure satisfactory work.
(4)
"As-constructed" plans. After completion of all public
improvements and prior to final acceptance of said improvements, the
subdivider shall make or cause to be made a map showing the actual
location of all valves, manholes, stubs, sewers and water mains and
such other facilities as the Village Engineer shall require. This
map shall be in CAD format. The presentation of the map shall be a
condition of final acceptance of the improvements and release of the
surety bond assuring their completion.[3]
D.
Street, alley and sidewalk improvements. The developer
shall construct streets and sidewalks as outlined on the approved
plans based on the requirements of this Code.
(1)
Grading. With the submittal of the final plat, the
subdivider shall furnish drawings which indicate the existing and
proposed grades of streets and alleys shown on the plat. Proposed
grades will be reviewed by the Village Engineer for conformance with
Village standards and good engineering practice. Street grades require
the approval of the Village Board after receipt of the Village Engineer's
recommendations. After approval of the street grades, the subdivider
shall grade the full width of the right-of-way of the streets and
alleys proposed to be dedicated, including the vision clearance triangle
on corner lots. In cases where an existing street right-of-way is
made a part of the plat or abuts the plat, the subdivider shall grade
that portion of the right-of-way between the existing pavement and
the property line. The bed for the roadways in the street rights-of-way
shall be graded to subgrade elevation. The Village Engineer shall
approve all grading within rights-of-way, and said grading shall extend
for a sufficient distance beyond the right-of-way to ensure that the
established grade will be preserved. Where electric and other communications
or utilities facilities are to be installed underground, the utility
easements shall be graded to within six inches of the final grade
by the subdivider prior to the installation of such facilities; earth
fill piles or mounds of dirt or construction materials shall not be
stored on such easement areas.
(2)
Street and sidewalk construction.
(a)
After sanitary sewer, storm sewer and water
utilities have been installed, the subdivider shall construct as part
of the subdivision streets, curbs and gutters and sidewalks, including
those adjacent to platted lots in existing street rights-of-way abutting
the plat. The subdivider shall surface roadways to the widths prescribed
by the Village Board on recommendation of the Village Engineer. Construction
shall be to Village standard specifications for street improvements.[4]
(b)
The subdivider shall construct a concrete sidewalk
on both sides of all streets within the subdivision. The Board may
permit the construction of a concrete sidewalk on only one side of
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 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 Board.
(c)
Wider than standard sidewalks may be required
by the Board in the vicinity of schools, commercial areas and other
places of public assemblage, and the 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.
(d)
Dedicated walkways shall be improved by the
subdivider to a grade and width approved by the Village Engineer and
with surfacing as required by the Village Board based on the location
and the amount and character of use. The subdivider shall submit standard
drawings indicating the existing and proposed grades.
(3)
Completion of street and sidewalk construction.
(a)
Prior to any building permits being issued on
lands adjacent to streets and/or sidewalks, all street and sidewalk
construction shall be completed by the subdivider, approved by the
Village Engineer and accepted by the Village Board.
(b)
The Village Engineer may issue a waiver of these
requirements in unusual or special circumstances such as excessively
severe weather conditions, heavy construction temporarily in the area
or construction material shortages (i.e., cement and asphalt). The
issuance of a waiver shall be at the discretion of the Village Engineer
and shall be based upon the written request of the subdivider.
(c)
The subdivider requesting a waiver shall present
such information and documentation required by the Village Board.
The waiver shall be in written form and shall detail which improvement
requirements are temporarily waived and for what period of time.
(4)
Curb and gutter. The subdivider shall install concrete
curb and gutter along both sides of all streets shown on the plat
prior to installation of the bituminous binder or base. The subdivider
shall construct concrete curbs and gutters in accordance with plans
and standard specifications approved by the Village Board or its designee.
Wherever possible, provision shall be made at the time of construction
for driveway access curb cuts.
E.
Construction standards. All streets and highways constructed
in the Village or to be dedicated to the Village shall fully comply
with the following construction standards:
(1)
Right-of-way and pavement width. The minimum right-of-way
and roadway width of all proposed streets and alleys shall be as specified
by the Comprehensive Plan, Comprehensive Plan component, Official
Map, or neighborhood development study or, if no width is specified
therein, the minimum widths shall be as follows:
[Amended 7-7-2008]
|
Type of Street
|
Right-of-Way To Be Reserved and Dedicated
(feet)
|
Pavement Width
(face of curb to
face of curb)
(feet)
| |
|---|---|---|---|
|
Arterial street
|
100
|
46
| |
|
Boulevard
|
120
|
Dual 34 with 24-foot median
| |
|
Collector street
|
80
|
40
| |
|
Minor street
|
66
|
36
| |
|
Cul-de-sac
|
60
|
36
| |
|
Pedestrianway
|
10
|
5
| |
|
Alley
|
32
|
30
|
(2)
Cul-de-sac streets. Cul-de-sac streets designed to
have one end permanently closed shall not exceed 1,000 feet in length.
All cul-de-sac streets designed to have an end permanently closed
shall terminate in a circular turnaround having a minimum right-of-way
radius of 60 feet and a minimum outside curb radius of 40 feet.
(3)
Grades.
(a)
Unless necessitated by exceptional topography,
subject to the approval of the Board, the maximum center-line grade
of any street or public way shall not exceed the following:
(b)
The grade of any street shall in no case exceed
12% or be less than 1/2 of 1%.
(c)
Street grades shall be established wherever
practicable so as to avoid excessive grading, the promiscuous removal
of ground cover and tree growth, and general leveling of the topography.
All changes in street grades shall be connected by vertical curves
of a minimum length equivalent in feet to 30 times the algebraic difference
in the rates of grade for major streets and 20 times this minimum
for all other streets.
[Amended 8-1-2005 by Ord. No.
1-10]
(4)
Radius of curvature. When a continuous street center
line deflects at any one point by more than 10°, a circular curve
shall be introduced having a radius of curvature on said center line
of not less than the following:
(5)
Tangents. A tangent at least 100 feet in length shall
be provided between reverse curves on arterial and collector streets.
(6)
Full street width. 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 half streets should be avoided where possible.
(7)
Roadway ditches. Where curb and gutter is not required
by the Village for rural cross-sections streets, the minimum ditch
slope shall be 1.0%.
[Amended 7-7-2008]
(8)
Roadway base thickness.
(a)
Residential streets shall have a minimum roadway
base thickness of eight inches of compacted in-place crushed aggregate
base course of Gradation No. 2 in the top layer and Gradation Nos.
1 and 2 in the lower level.
[Amended 8-1-2005 by Ord. No.
1-10]
(b)
On commercial, arterial or other heavy-use streets,
as determined by the Village Engineer, a base course of 10 to 12 inches
compacted shall be constructed upon an inspected and approved subgrade,
either well-graded crushed gravel from a state-approved pit with a
maximum stone of 1 1/2 inches and no greater than 10% by weight
passing a No. 200 sieve or No. 3 crushed rock approximately six inches
in depth and one or more layers of fine aggregate, either three-fourths-inch
crushed gravel, well graded with no greater than 10% passing a No.
200 sieve, or three-fourths-inch traffic-bound crushed rock.
[Amended 8-1-2005 by Ord. No.
1-10]
(c)
In the case of commercial, arterial or other
heavy-use roads, the Village Board may, in the alternative to the
above standards, have the Village Engineer provide specifications
for such roads after researching the site(s) and conducting a soil
analysis.
(d)
In any case, the Village Board shall have the
sole discretion in determining the use and construction classification
to be adhered to.
(e)
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.
(9)
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 approved
by the Village Engineer. Appropriate construction matting may be approved
by the Village Engineer.
[Amended 8-1-2005 by Ord. No.
1-10]
(10)
Pavement thickness.
[Amended 8-1-2005 by Ord. No.
1-10]
(a)
Residential streets shall have a minimum of
four-inch-thick compacted bituminous concrete pavement, placed in
two layers: one binder course of 2 1/4 inches thick and one surface
course of 1 3/4 inches thick. On commercial, arterial or other heavy-use
streets, there shall be a minimum of 5 1/2 inches of bituminous concrete
pavement, placed in three layers: two binder courses of two inches
thick and a surface course of 1 1/2 inches thick. In the case
of commercial, arterial or other heavy-use roads, the Village Board
may, in the alternative to the above standards, have the Village Engineer
provide specifications for paving such roads after researching the
site(s) and conducting a soil analysis. In any case, the Village Board
shall have the sole discretion in determining the use and construction
classification to be adhered to.
[Amended 7-7-2008]
(b)
Between six months to one year after the installation
of the roadway, the bituminous binder shall be laid flange of curb
to flange of curb by the subdivider. The thickness and type of bituminous
surfacing shall be as noted above.
(c)
Within nine months after the installation of
the base course, the finish coat of bituminous surfacing shall be
installed. The thickness and type of bituminous surfacing shall be
as noted above.
(d)
The costs for all surfacing, including inspection,
supervision and engineering fees, shall be paid by the subdivider.
(11)
Roadway culverts and bridges. Roadway culverts
and bridges shall be constructed as directed by the Village Engineer
and sized 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 apron
endwalls.
[Amended 8-1-2005 by Ord. No.
1-10]
(12)
Driveway culverts. Driveway culverts shall be sized by the Village Engineer (if appropriate). The culverts shall be placed in the ditch line at elevations that will assure proper drainage, be provided with concrete or metal endwalls and shall comply with the provisions of Chapter 148, Driveways and Curb Cuts.
[Amended 8-1-2005 by Ord. No.
1-10]
F.
Sanitary sewerage system design standards.
(1)
The subdivider shall have plan and profile drawings
and specifications prepared for the installation of sanitary sewerage
facilities, including lateral house connections for each lot in the
subdivision, extended to the lot line.
(2)
The subdivider shall cause to be installed in accordance
with the Standard Specifications for Sewer and Water Constructions
in Wisconsin all facilities required.
(3)
Where the subdivision is not within reasonable access
to connection with the Village sanitary sewer system, or where it
can be shown that other types of sewage treatment may be advantageous
to the development, the subdivider shall submit a proposed sewage
disposal plan. This plan shall be approved by a registered engineer
and all state and local agencies empowered with such approval. It
shall be certified in writing that satisfactory, adequate and safe
sewage disposal is possible at the site.
(4)
The Village reserves the right to reject any plat
which is not served by municipal sewerage facilities if it considers
these proposed systems not to be in the best interests of the Village.
(5)
If, at the time of final platting, sanitary sewer
facilities are not available to the plat, as determined by the Village
Board, but will become available within a period of five years from
the date of plat recording, the subdivider shall install or cause
to be installed sanitary sewers and sewer laterals to the street lot
line in accordance with this section and shall cap all laterals. The
size, type, and installation of all sanitary sewers proposed to be
constructed shall be in accordance with plans and standard specifications
approved by the Board.
(6)
The subdivider shall assume the cost of installing
all sanitary sewers eight inches in diameter or less in size. If greater
than eight-inch diameter sewers are required to handle the contemplated
sewage flows, the cost of such larger sewers may be prorated at the
discretion of the Village Board in proportion to the ratio which the
total area of the proposed plat is to the total drainage area to be
served by such larger sewer and the excess cost either borne by the
Village or assessed against the total tributary drainage area.[5]
(7)
If a new sewage lift station is necessary to serve
the subdivision, or improvements are necessary to existing facilities
to accommodate the needs of the subdivision, the subdivider shall
be responsible for the cost of the lift station and associated force
main. The Village Board, on appeal from the subdivider, may choose
to prorate the cost of the new lift station.[6]
G.
Water supply system design standards.
(1)
There shall be provided a water supply system in conformity
with the master plan of the water system as approved by the Village
Board. The subdivider shall construct water mains in such a manner
as to make adequate water service available to each lot within the
subdivision. If municipal water service is not available, the subdivider
shall make provision for adequate private water systems as specified
in applicable ordinances. The Village may require the installation
of water laterals to the street lot line. The size, type and installation
of all public water mains proposed to be constructed shall be in accordance
with plans and standard specifications approved by the Village.
I.
Other utilities.
(1)
The subdivider shall cause gas, electrical power and
telephone facilities to be installed in such a manner as to make adequate
service available to each lot in the subdivision.
(2)
If cable television is available, it shall also be
installed underground with service provided for each lot.
(3)
All telephone, electric and gas service lines shall
be placed underground entirely throughout a subdivision area, unless
otherwise approved by the Board. Conduits or cables shall be placed
within easements or dedicated public ways in a manner which will not
conflict with other municipal underground services.
(4)
No such electrical or telephone service shall be located
on overhead poles along the front lot lines unless otherwise allowed
due to exceptional topography or other physical barrier.
(5)
All utility lines for telephone and electric service
shall be placed in rear lot line easements where practicable and side
lot line easements where necessary.
(6)
The subdivider shall have written statements from
all the utilities that the easements as shown on the final plat are
acceptable to them.[9]
(7)
The cost for the plans, installation, inspection,
supervision and engineering fees shall be paid by the subdivider.
(8)
Temporary overhead facilities may be installed to
serve a construction site or where necessary because of severe weather
conditions. In the latter case, within a reasonable time after weather
conditions have moderated, such temporary facilities shall be replaced
by underground facilities and the temporary facilities removed, subject
to any exception permitted by the Village Board.
J.
Streetlamps.
(1)
The subdivider shall install streetlamps along all
streets proposed to be dedicated of a design compatible with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Village Board.
(2)
The subdivider shall provide for the location of all
streetlights within the area being developed after consultation with
the Board and the electric utility serving the subdivision.
(3)
In areas where underground electric facilities are
installed, poles for streetlights shall be of an ornamental type.
(4)
There shall be no cost obligation to the Village for
supplying and installing the required streetlights.
(5)
The Village shall provide and pay the cost of the
energy needed to operate the streetlights within the corporate limits
of the Village.
K.
Street signs. The subdivider shall install at the
intersections of all streets proposed to be dedicated a street sign
of a design specified by the Village Board.
L.
Material standards. All improvements constructed under
this chapter shall be of the standards, where applicable, established
by the State Highway Commission's Standard Specifications for Roads
and Bridges. Where the Highway Commission's specifications do not
apply, the standards shall be as approved by the Village Engineer.
M.
Improvements complete prior to approval of final plat.
Improvements within a subdivision which have been completed prior
to application for approval of the final plat or execution of the
contract for installation of the required improvements shall be accepted
as equivalent improvements in compliance with the requirements only
if the Village Engineer shall certify that he is satisfied that the
existing improvements conform to applicable standards.
N.
Construction.
(1)
Commencement. No construction or installation of improvements
shall commence in a proposed subdivision until the preliminary plat
has been approved and the Board has given written authorization to
proceed with construction.[10]
(2)
Building permits. No building permits shall be issued
for erection of a structure on any lot not of record until all the
requirements of this chapter have been met.[11]
(3)
Maintenance of the landscape. Proper construction
techniques should be followed so as to maintain as many of the natural
features of the site as is practical.
(a)
All grading, topsoil removal, mineral extraction,
stream course changing, road cutting, waterway construction or enlargement,
removal of stream or lake bed materials, excavation, channel clearing,
ditching, drain tile laying, dredging, and lagooning shall be so conducted
as to prevent erosion and sedimentation and to least disturb the natural
fauna, flora, watercourse, water regimen and topography. The subdivider
shall cause all grading, excavations, open cuts, side slopes, and
other land surface disturbances to be mulched, seeded, sodded, or
otherwise protected so that erosion, siltation, sedimentation, and
washing are prevented, in accordance with the plans and specifications
approved by the Board.
(b)
Sod shall be laid in strips at those intervals
necessary to prevent erosion and at right angles to the direction
of drainage.
(c)
Temporary vegetation and mulching shall be used
to protect critical areas, and permanent vegetation shall be installed
as soon as practical.
(d)
Construction at any given time shall be confined
to the smallest practical area and for the shortest practical period
of time.
(e)
Sediment basins shall be installed and maintained
at all drainageways to trap, remove, and prevent sediment and debris
from being washed outside the area being developed.
(f)
The subdivider shall make every effort to protect
and retain all existing trees, shrubbery, vines, and grasses not actually
lying in public roadways, drainageways, soil absorption waste disposal
areas, paths and trails.
(g)
Trees are to be protected and preserved during
construction in accordance with sound conservation practices, including
the preservation of trees by well islands or retaining walls whenever
abutting grades are altered.
(h)
Tree cutting and shrubbery clearing shall not
exceed 30% of the lot or tract and shall be so conducted as to prevent
erosion and sedimentation, preserve and improve scenic qualities,
and, during foliation, substantially screen any development from stream
or lake uses.
(i)
Path and trails shall not exceed 10 feet in
width and shall be so designed and constructed as to result in the
least removal and disruption of trees and shrubs and the minimum impairment
of natural beauty.
O.
Acceptance of improvements. The dedication of any
improvements, utilities, streets, parks, easements, rights-of-way
or other lands or rights to the Village or the public shall not be
considered accepted by the Village for public ownership until such
time as the required public improvements within the intended dedication
or necessary because of the intended dedication have been completed
and accepted by the Village Board by adoption of a resolution accepting
such dedication. Improvements shall be dedicated to the Village free
and clear of any encumbrances. 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 Village Board by resolution. In the event the Village 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 Village, the costs of such measures shall
hereby be determined to be Village-incurred costs to be reimbursed
to the Village by the subdivider in accordance with the provisions
of this chapter.
P.
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 Village Engineer, 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 Village Engineer and approved by the Village
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 Village 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 and shall prepare a final billing
for engineer, inspection and legal fees and submit it to the subdivider
for payment. The Village Engineer shall conduct any necessary final
inspections of the improvements and forward a report to the Village
Clerk-Treasurer recommending either approval or disapproval. When
the engineering and inspection fees, taxes, special assessments and
legal fees have been paid and when the necessary lien waivers and
affidavits have been filed, the report of the Village Engineer, together
with the recommendation of the Village Clerk-Treasurer, shall be forwarded
to the Village Board for approval and acceptance of the improvements
and dedications.
A.
Utility easements. The Village Board, on the recommendation
of appropriate agencies of the Village, shall require utility easements
for poles, wire, conduits, storm and sanitary sewers, gas, water and
head mains or other utility lines. It is the interest of this chapter
to protect all established easements so as to assure proper grade,
assure maintenance of the established grade, prohibit construction
of permanent fences or retaining walls over underground installation
and prevent the planting of trees in the easement area.
B.
Drainage easements.
(1)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream:
(a)
There shall be provided a stormwater easement
or drainage right-of-way conforming substantially to the lines of
such watercourse and such further width or construction, or both,
as will be adequate for the purpose and as may be necessary to comply
with this section; or
(b)
The watercourse, drainageway, channel or stream
may be relocated in such a manner that the maintenance of adequate
drainage will be assured and the same provided with a stormwater easement
or drainage right-of-way conforming to the lines of the relocated
watercourse and such further width or construction, or both, as will
be adequate for the purpose and may be necessary to comply with this
section.
(2)
Wherever possible, it is desirable that drainage be
maintained by an open channel with landscaped banks and adequate width
for maximum potential volume flow. In all cases, such watercourse
shall be of a minimum width established at the high-water mark or,
in the absence of such specification, not less than 30 feet.
C.
Easement locations. Such easements shall be at least
12 feet wide and may run across lots or alongside of rear lot lines.
Such easements should preferably be located along rear lot lines.
Evidence shall be furnished the Village Board that easements and any
easement provisions to be incorporated in the plat or in deeds have
been reviewed by the individual utility companies or the organization
responsible for furnishing the services involved.
The subdivider shall grade each land division
in order to establish street, block and lot grades in proper relation
to each other and to topography as follows:
A.
Master site grading plan.
(1)
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.
(2)
The master site grading plan shall show existing and
proposed elevations of all lot corners, control points and building
locations. The plan shall also indicate all overland storm drainage
in and adjacent to the subdivision. The cost of the preparation of
such a plan shall be paid for by the subdivider.
(3)
After approval or modification of these plans by the
Village Engineer, the full width of the right-of-way of the proposed
streets within the subdivision and the entire subdivision lot area
shall be graded in accordance with the master site grading plan. The
owners of the subdivision lots shall adhere to those plans.
(4)
Upon completion of all street and subdivision grading,
the grades shall be checked and certified by the Village Engineer
to determine that the completed grading work is in accordance with
the master site grading plan.
(5)
The cost of all required grading work, supervision,
certification, inspection and engineering fees shall be paid for by
the subdivider.
B.
Right-of-way grading. The subdivider shall grade the
full width of the right-of-way of all proposed streets in accordance
with the approved plans, including the grading of sight triangles
at each intersection.
C.
Block grading. Block grading shall be completed by
one or more of the following methods:
(1)
Regrading along the side or rear lot lines which provides
for drainage to the public drainage facilities, provided that any
ditches or swales are in public drainage easements and provided that
a deed restriction is adopted which prohibits alteration of the grades
within five feet of any property line from the grades shown on the
master site grading plan.
(2)
Parts of all lots may be graded to provide for drainage
to a ditch or to a swale.
D.
Miscellaneous grading requirements.
(1)
Lot grading shall be completed so that water drains
away from each building site toward public drainage facilities at
a grade approved by the Village Engineer and provisions shall be made
to prevent drainage onto properties adjacent to the land division
unless to a public drainage facility.
(2)
Grading activities shall not result in slopes greater
than 3:1 on public lands or lands subject to public access.
(3)
The topsoil stripped for grading shall not be removed
from the site unless identified in the erosion control plan approved
by the Village Engineer as not being necessary for erosion control
or site landscaping purposes. Topsoil shall be uniformly returned
to the lots when rough grading is finished. Topsoil piles shall be
leveled and seeded for erosion control prior to the Village releasing
the one-year guarantee provision on public improvements in the streets
adjacent to the lots on which the topsoil is stockpiled.
(4)
Such grading shall not result in detriment to any
existing developed lands, either within or outside of the corporate
limits.
E.
Drainage flows. The subdivider shall cause to be set
upon the master grading plan 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
and the construction of the required public improvements or which
are existing drainage flows and will remain. The arrows shall be accompanied
on the master grading plan 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 unless approved by the Village
Engineer."[1]
A.
Dedication of lands for parks, recreation and open
space.
(1)
It is the intent of these regulations that properly
located parks, recreation facilities and open space be provided. The
subdivider shall designate on every new preliminary plat that at least
5% of the gross area of such lands shall be dedicated by the owner
or developer to the Village for parks, recreation or open space purposes.
The location of such park and recreation site shall be clearly shown,
and no plat shall be accepted without these areas clearly shown. The
location of such park and recreation site is subject to the approval
of the Board. Where property abuts the river, the Village may require
that the five-percent dedication include up to 5% of the river frontage
included in the subdivision.
(2)
The Board may waive the requirement for dedication of land if it finds that the proposed public land would be too small or unsuitable for reasons particular to the subdivision or the neighborhood in which it is located. In lieu of dedication, the Board shall levy a public site fee against the subdivider at the time of application for final plat approval at the rate according to the procedures established in Subsection B below.
(3)
At the discretion of the Board, these requirements shall also apply to new preliminary plats lying outside of the corporate limits of the Village but within the jurisdictional area of these regulations. Such requirements for dedication of land or fees shall be applied under the stipulation that such land shall be maintained by the Village at no cost to the residents of the subdivision, and such fees as required by Subsection B below shall be used to provide services to residents of the subdivision.
B.
Fees in lieu of land.
(1)
Where, in the sole discretion of the Village Board, there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the Village's Comprehensive Plan or park plan, the minimum size under Subsection D cannot be met, or Village officials determine that a cash contribution would better serve the public interest, the Village Board shall require the subdivider to contribute a park and recreation development fee in lieu of land. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities. The total fee shall be computed on the basis of the maximum residential use of each parcel permitted in the particular zoning district under Chapter 350, Zoning. For each proposed residential development, the fee shall be as prescribed by Chapter 167, Fees, for each residential unit. The fee shall be paid to the Village at the time of final plat or certified survey approval. This fee shall be annually adjusted by the Clerk-Treasurer by adding to the base fee the Consumer Price Index (CPI) cost on March 1 of that year for each possible dwelling unit within the plat/land division allowed by Chapter 350, Zoning.
(2)
The Village Board may, in its sole discretion, permit
the subdivider to satisfy the requirements of this section by combining
a land dedication with a fee payment. If a land dedication of 25%
of the required dedication is made, the subdivider shall also contribute
an amount equal to 75% of the required per-unit fee in lieu of land.
If a land dedication of 50% of the required dedication is made, the
subdivider shall also contribute an amount equal to 50% of the required
per-unit fee in lieu of land. If a land dedication of 75% of the required
dedication is made, the subdivider shall also contribute an amount
equal to 25% of the required per-unit fee in lieu of land.
(3)
The Village shall place any fee collected pursuant
to the provisions of this section in a separate account to be used
at the discretion of the Village Board in any community park, for
developing adequate parks, playgrounds, recreation and open spaces.
C.
Limitations. A subdivider shall not be required to
dedicate more than 1/3 of the total area of the plat to meet the objectives
of this section.
D.
Suitability of lands. The Village Board shall have
sole authority to determine the suitability and adequacy of park lands
proposed for dedication. Drainageways, wetlands or areas reserved
for streets shall not be considered as satisfying land dedication
requirements.
E.
Access to dedicated land. All dedicated land shall
have frontage on a public street and shall have unrestricted public
access.
F.
Utility extensions. The subdivider shall install or
provide for installation of water and sanitary sewer lines to the
property line of all dedicated land, where such services are to be
provided to the adjacent properties.
G.
Development of park area.
(1)
When park lands are dedicated to the Village, the
subdivider is required to:
(a)
Properly grade and contour for proper drainage;
(b)
Provide surface contour suitable for anticipated
use of area as approved by the Village Engineer; and
(c)
Cover areas to be seeded with a minimum of four
inches of quality topsoil, seed as specified by the Village Engineer
and mulch, as specified in the Standard Specifications for Road and
Bridge Construction, Sections 627 and 629. The topsoil furnished for
the park site shall consist of the natural loam, sandy loam, silt
loam, silty clay loam or clay loam humus-bearing soils adapted to
the sustenance of plant life, and such topsoil shall be neither excessively
acid nor excessively alkaline. Fine grading and seeding must occur
within one year following issuance of the first building permit within
that land division unless otherwise authorized by the Village. The
improved area shall not be deemed officially accepted until a uniform
grass cover to a two-inch height has been established. It shall be
the responsibility of the subdivider to maintain the area until the
Village accepts the dedication.
(2)
It shall be the responsibility of the Village to maintain
the dedicated areas upon their dedication and acceptance by the Village.
(3)
A neighborhood park area may be provided by the subdivider
with a standard residential water service unless located directly
adjacent to a fire hydrant. At the direction of the Village Board,
a community park area may be provided by the developer with a minimum
six-inch water service or at least one fire hydrant and at least one
four-inch sanitary sewer lateral, all located at the street property
line.[1]
(4)
The Village Board may require certification of compliance
with this section by the subdivider. The cost of such report shall
be paid by the subdivider.
(5)
If the subdivider fails to satisfy the requirements
of this section, the Village Board may contract said completion and
bill such costs to the subdivider, following a public hearing and
written notice to the subdivider of noncompliance. Failure to pay
such costs may result in the immediate withholding of all building
permits until such costs are paid.
(6)
The subdivider shall pay all costs of public improvements
in the public streets adjacent to or within all public and/or park
lands.
A.
General. The subdivider shall pay the Village of Theresa
all fees as hereinafter required and at the times specified before
being entitled to recording of a plat or certified survey map. At
the time of submission of a plat or certified survey, the Village
Board, at its sole discretion, may require the subdivider to make
a good faith deposit with the Clerk-Treasurer to cover, in all or
part, the expenses anticipated to be incurred by the Village because
of the land division. Unused portions of such fund may be refunded
to the subdivider.
B.
Engineering fee. The subdivider shall pay a fee equal
to the actual cost to the Village for all engineering work incurred
by the Village in connection with the plat or certified survey map,
including inspections required by the Village. The subdivider shall
pay a fee equal to the actual cost to the Village for such engineering
work and inspection as the Village Board and/or 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. Engineering work
shall include the preparation of construction plans, standard specifications
and administration of the engineering work.
C.
Administrative fee. The subdivider shall pay a fee
to the Village equal to the cost of any legal, administrative or fiscal
work which may be undertaken by the Village in connection with the
plat or certified survey map.
D.
Concept plan. There shall be no fee for the Village's
review of a concept or sketch plan of a proposed land division. However,
such reviews shall be conducted only as staff time permits.
E.
Preliminary plat.
(1)
A subdivider who submits a preliminary plat to the Village Board shall file said preliminary plat with the Village Clerk-Treasurer and shall deposit with the Village Clerk-Treasurer a fee to cover the costs of reviewing said application. The fee for a preliminary plat shall be a fee as prescribed by Chapter 167, Fees, for up to and including six lots plus a fee as prescribed by Chapter 167 per each additional lot over six. If the plat is rejected, no part of the fee shall be returned to the petitioner.
F.
G.
Certified survey.
H.
Objecting agency review fees. The subdivider shall
transmit all fees required for state agency review at the time of
application. Said review fees shall be retransmitted to the proper
state review agency by the developer. 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.[1]
I.
Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Village Clerk-Treasurer shall require a fee pursuant to § 308-18 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
J.
Assessments. All outstanding assessments due to the
Village shall be due prior to the signing of the final plat or certified
survey by the Village.
K.
Cost determination. The subdivider of land divisions
within the Village shall reimburse the Village for its actual cost
of design, inspection, testing, construction and associated legal
and real estate fees incurred in connection with the preliminary plat,
final plat, replat or certified survey.
(1)
The Village's costs shall be determined as follows:
(a)
The cost of Village employees' time engaged
in any way with the land division based on the hourly rate paid to
the employee multiplied by a factor determined by the Village Clerk-Treasurer
to represent the Village's cost for expenses, benefits, insurance,
sick leave, holidays, vacation and similar benefits.
(b)
The cost of Village equipment employed.
(c)
The cost of mileage reimbursed to Village employees
which is attributed to the land division.
(d)
The actual costs of Village materials incorporated
into the work, including transportation costs plus a restocking and/or
handling fee not to exceed 10% of the cost of the materials.
(e)
All consultant fees, including but not limited
to legal and engineering fees, at the invoiced amount plus administrative
costs.
(2)
Unless the amount totals less than $50, the Village
shall bill the subdivider monthly for expenses incurred by the Village.
Statements outstanding for more than 30 days shall accrue interest
at the rate of 1 1/2% per month. Bills outstanding for more than
90 days shall be forwarded to the subdivider's surety agency for payment.
Amounts less than $50 shall be held for billing by the Village until
amounts total more than $50 or until the conclusion of project activities.
A.
Where, in the judgment of the Village Board, it would
be inappropriate to apply literally the provisions of this chapter
because of the proposed subdivision being located outside of the corporate
limits or because exceptional or undue hardship would result, the
Village Board may waive or modify any requirements to the extent deemed
just and proper. Application for any such variance shall be made in
writing by the subdivider at the time when the preliminary plat 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 the Village Board 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.
B.
The Village Board shall not grant variations or exceptions
to the regulations of this chapter unless it shall make findings based
upon the evidence presented to it in each specific case that:
(1)
The granting of the variation will not be detrimental
to the public safety, health or welfare or injurious to other property
or improvements in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation
is based are unique to the property for which the variation is sought
and are not applicable generally to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
C.
Such relief shall be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the community in accordance with the Comprehensive Plan of the Village or Chapter 350, Zoning, if applicable. A three-fourths majority vote of the entire membership of the Village Board shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Board.
D.
The Village Board may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the subdivider execute a surety
bond to insure the placing of such monuments within the time required.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or
the Wisconsin Statutes, and no person shall be issued a building permit
by the Village authorizing the building on, or improvement of, any
subdivision, land division or replat 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 Village may institute appropriate action or proceedings to enjoin
violations of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
Any person, firm or corporation who or which fails
to comply with the provisions of this chapter may, upon conviction
thereof, forfeit no less than $100 nor more than $2,000 and the costs
of prosecution for each violation and, in default of payment of such
forfeiture and costs, may 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.[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)
Assessor's plat made under § 70.27, Wis.
Stats., may be ordered by the Village at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Appeals. Any person aggrieved by an objection to a
plat or a failure to approve a plat may appeal therefrom, as provided
in §§ 236.13(5) and 62.23(7)(e)10 to 15, Wis. Stats.,
within 30 days of notification of the rejection of the plat. Where
failure to approve is based on an unsatisfied objection, the agency
making the objection shall be made a party to the action. The court
shall direct that the plat be approved if it finds that the action
of the approving or objecting agency is arbitrary, unreasonable or
discriminatory.
