[Amended 7-6-2006 by Ord. No. 2006-09; 12-9-2020 by Ord. No. V2020-05]
A.
Residential development permit required. No residential development
defined as a subdivision by this chapter shall be accepted for consideration
unless a residential development permit has been authorized for the
development by the Village Plan Commission.
B.
Purpose. The purpose of the residential development control system
is to:
(1)
Establish a system to ensure subdivision compliance with the adopted
Master Plan;
(2)
Promote the protection of the natural resources such as groundwater,
lakes and streams, floodplains, wetlands, woodlands, wildlife, steep
slopes, and other environmentally sensitive areas; to preserve prime
agricultural land in large areas to maintain the agricultural economy
and ensure the preservation of the rural atmosphere of the Village;
(3)
Ensure development is properly related to the available and proposed
facilities, services, and transportations system; and
(4)
Promote high-quality residential subdivisions that bolster surrounding
property value through neighborhood compatibility and high-quality
residences and subdivision amenities.
C.
Application. An application for a residential development permit
shall be made by the Developer to the Village Clerk no less than 30
days prior to the Village Plan Commission meeting at which consideration
is requested. The application shall be signed by the property owner,
or an authorized agent of the property owner, and shall be accompanied
by the following documents:
(1)
Summary comments, if any are available, from a development review
team meeting with Waukesha County and Village of Vernon staff which
may include information related to the respective comprehensive plans,
zoning, environmental features, soils, grading, sanitary systems,
roads and access, and stormwater management.
(2)
A conceptual layout at a scale of not less than one inch equals 100
feet on a topographic map which indicates all proposed roads, configuration
of the lots and dimensions, amenities, and extent of open space and
land that will be preserved in agricultural use (including total preserved
area and percentage of the total land area). The conceptual layout
shall also include the location, based on the best available data,
of all primary and secondary environmental corridors, isolated natural
resource areas, wetlands, floodplains, and Class I and II soils according
to the USDA. For the purposes of this subsection, this shall not be
considered the filing of a preliminary plat.
(3)
Method of sanitary sewage disposal. One soil boring test per lot
for all development not served by public sewer must be submitted at
the time of the submittal of the conceptual layout.
(4)
Preliminary grading plans indicating the existing and proposed grades,
the location of all proposed building pads, and the degree of the
site alterations to the property caused by the proposed development.
(5)
Preliminary drainage plan indicating the impact of the stormwater
runoff and the methods to control and retain the runoff created by
the development and any water flowing through the site.
(6)
Preliminary landscape plan, including the location of existing trees
over six inches in diameter and the outline of wooded areas, and location
of trees which are to remain. The plan shall also include the general
location of proposed landscape areas, a description of proposed vegetation
and buffers, and any subdivision entrance signage concepts and locations.
(7)
Proposed minimum dwelling unit sizes, architectural materials, lot
lighting and landscaping requirements, and any other significant standards
that would be required as part of deed restrictions.
(8)
A development phasing plan.
(9)
Any other information as required by the Village Planner prior to
application submittal or as required by the Village Plan Commission
after initial application review.
D.
Evaluation.
(1)
The Village Plan Commission shall review the application for a residential
development permit with respect to each of the categories set forth
below. The Village Plan Commission may request additional information
from the appropriate Village, Waukesha County, school district, or
other governmental agencies, boards, or staffs, as it deems necessary.
(2)
The Village Plan Commission shall assign a point value for each category as described for each criteria listed below. The point values for each criteria are guidelines and the Plan Commission shall have the latitude to interpolate between the maximum and minimum points in every category based on the facts and circumstances presented for each proposal. In the event that the Plan Commission, by majority vote of the quorum present and voting, determines that a category is not pertinent to the application, a score of zero shall be given for that category. The total number of points required in order to authorize a residential development permit is described in Subsection E(2), below.
(a)
Sanitary disposal.
[1]
Proposed development to be connected to a municipal sewer system
or engineered Ch. SPS 383 system as approved by the Waukesha County
Division of Environmental Health. For purposes of this section, an
engineered SPS 383 system shall mean an on-site sanitary system that
utilizes any of the technologies, designs or methods delineated in
Ch. SPS 383, Table 83.04-1, and that has not been recognized under
Ch. SPS 384.10(3), but has been approved under Ch. SPS 383.22, provided
that the County Division of Environmental Health has arranged to require
the inspections under Ch. SPS 383.26(2) to (4). Two (+2) points.
[2]
A conventional septic system or mound system, including A+4
or other similar systems authorized by Ch. SPS 383, on each lot. Soil
borings by a certified soil tester for each lot in the proposed subdivision
showing sufficient area for a conventional septic system or mound
system and replacement system. (It should be noted that on a mound
system, alternative sites are not required.) Zero (0) points.
(b)
Visibility. The proposed location of lots/residences will have
a:
[1]
Positive or no visual impact from arterial and collector streets
in the Village and adjacent residential areas. Two (+2) points.
[2]
Limited negative visual impact from arterial and collector streets
in the Village and adjacent residential areas. One (+1) point.
[3]
Substantial visible impact from arterial and collector streets
and adjacent residential areas. Minus one (-1) point.
(c)
Wooded areas. If at least 20% of the site (outside of any primary
environmental corridors (PEC), secondary environmental corridors (SEC)
and isolated natural resource areas (INRA) is wooded, the proposed
development will disturb:
(d)
Density. Based on the Comprehensive Plan - Planned Land Use
Map Category in which the property is located, the proposed development
utilizes:
(e)
Open space. The minimum amount of open space to be preserved
and managed or dedicated in a manner satisfactory to the Plan Commission
is at least:
(f)
Environmentally sensitive areas. If primary environmental corridors
(PEC), secondary environmental corridors (SEC) and isolated natural
resource areas (INRA) are present on the site:
[1]
All land in PEC, SEC and INRA as defined by SEWRPC is included
in permanently preserved open space. Two (+2) points.
[2]
Any portions of an INRA is outside of permanently preserved
open space. Minus one (-1) point.
[3]
Any portions of the PEC or SEC are outside of the permanently
preserved open space. Minus two (-2) points.
(g)
Traffic circulation. Developments which connect to existing
dead-end streets, and improve circulation through the Village, would
be considered an improvement. Streets will be required to connect
to and extend those indicated on the Village Official Map.
(h)
Site and architectural standards. The proposed development includes
the following (points are awarded for each):
[1]
Landscaped masonry entrance monuments at connection(s) to arterial
and collector roads. One (+1) point.
[2]
Deed restrictions requiring at least one street tree planted
for every 100 linear feet of street frontage on private lots and outlots
near the right-of-way. One (+1) point.
[3]
Deed restrictions requiring the minimum floor area of homes
to be at least 25% larger than zoning requires. One (+1) point.
[4]
Deed restrictions requiring the use of high-quality materials
for 100% of exterior wall surfaces of homes. For purposes of this
section, high-quality materials include masonry, wood, cement board
exterior applications, and other materials as may be approved by majority
vote of the quorum present and voting. One (+1) point.
E.
Administration and issuance of residential development permits.
(1)
Timing. The Village Planner shall notify the developer of the Plan
Commission's allocation decision in writing.
(2)
Where the Plan Commission finds that all of the evaluation categories of Subsection D apply, no residential development permits shall be issued for a subdivision receiving fewer than 10 points in the Village Plan Commission's evaluation (20 total points are possible). The total points required for the issuance of residential development permits shall be reduced by one point for each category where the Village Plan Commission has determined that the category does not apply by majority vote of the quorum present and voting. This reduction of total required points applies only when the entire category does not apply, which is different than finding that the particular circumstances for which points are assigned within the category do not apply. The Village Plan Commission shall have the sole authority to distinguish these circumstances and shall apply the reduction only when the entire category is inapplicable.
F.
Plat compliance required. Upon submittal of a preliminary plat and/or
final plat for the proposed development, the Plan Commission shall
review the evaluation criteria and the score granted to the development
at the time it received its allotment of residential development permits.
If in the opinion of the Plan Commission, a substantial change to
the proposed development would result in an evaluation totaling less
than 10 points (or reduced points where the Plan Commission determined
that criteria do not apply), such findings shall be considered a substantial
change to the preliminary plat and/or final plat and may require additional
modification to the preliminary plat and/or final plat and related
plans prior to the Plan Commission's grant of final approvals.
G.
Appeal procedure. A developer may appeal to the Village Board the
decision of the Village Plan Commission with respect to the denial
of residential development permits. Written appeal shall be filed
with the Village Clerk within 20 days after written notice to the
developer of the Village Plan Commission's decision respecting
allocation of residential development permits for the developer's
property. The Village Clerk shall place the matter on the next agenda
of the regular Village Board meeting or upon agreement with the developer
on the agenda for a special Village Board meeting. The Village Board
shall consider the appeal at such regular or special meetings, at
which time, the Village Board will hear the developer, or his representative,
and such other person or persons as may be able to assist the Village
Board in the determination of the matter of appeal. The Village Board
shall not modify the allocation made by the Village Plan Commission
except by affirmative vote of 3/4 of members of the Village Board
present, and voting of this decision will be final and conclusive;
five members present will require four affirmative votes, four members
present will require three affirmative votes, and three members present
will require a unanimous vote. The Village Board's decision shall
be rendered within 60 days of receipt of the notice of appeal.
All land divisions in the Town shall be subject
to the developer submitting to and receiving approval from the persons
and entities described below, prior to approval of the final plat
or final certified survey map:
A.
Developer's agreement. Subject to the developer submitting
to the Town Clerk, and receiving approval from the Town Board, a developer's
agreement for the improvements (including all public, private and
site development improvements) prior to commencing construction of
any improvements, whether public or private, or site development or
approval of the final plat or final certified survey map, whichever
is earlier, unless waived in writing by the Town Board.
B.
Financial guarantee. Subject to the developer submitting
to the Town Clerk, and receiving approval from the Town Board, a letter
of credit or cash escrow to guarantee the performance of the work
required by this chapter and by the Town Board prior to commencing
construction of any improvements, whether public or private, or site
development or approval of the final plat or final certified survey
map, whichever is earlier, unless waived in writing by the Town Board.
C.
Deed restrictions. Subject to the developer submitting
to the Town Clerk, and receiving approval from the Town Plan Commission,
deed restrictions to protect the health, safety and welfare of the
Town, to ensure compliance with this chapter, and to serve the purposes
of Ch. 236, Wis. Stats., prior to commencing construction of any improvements,
whether public or private, or site development, or approval of the
final plat or final certified survey map, whichever is earlier, unless
waived in writing by the Town Plan Commission.
D.
Checklist. Subject to the developer submitting to
the Town Clerk, and receiving approval from the Town Plan Commission,
a completed Town of Vernon Land Division Review Checklist,[1] with all documentation, prior to commencing construction
of any improvement, whether public or private, or site development
or approval of the final plat or final certified survey map, whichever
is earlier.
[1]
Editor's Note: See Appendix F at the end of
this chapter.
A.
A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a registered land surveyor and
the plat prepared on any material that is capable of clearly legible
reproductions and should be 22 inches wide by 30 inches long at a
map scale of not more than 100 feet to the inch and shall show correctly
on its face the following information and must be submitted with a
completed checklist (see Appendix F, Town of Vernon Land Division
Review Checklist):
(1)
Title or name under which the proposed subdivision
is to be recorded. Such title shall not be the same or similar to
a previously approved and recorded plat, unless it is an addition
to a previously recorded plat and is so stated on the plat.
(2)
Property location of the proposed subdivision by government
lot, quarter-section, township, range, county and state.
(3)
General location sketch showing the location of the
subdivision within the United States Public Land Survey section with
North orientated the same as the plat.
(4)
Date, graphic scale and North arrow.
(5)
Names and addresses of the owner, developer and land
surveyor preparing the plat.
(6)
Entire area contiguous to the proposed plat owned
or controlled by the developer shall be included on the preliminary
plat even though only a portion of said area is proposed for immediate
development. The Town Plan Commission may waive this requirement where
it is unnecessary to fulfill the purposes and intent of this chapter
and severe hardship would result from strict application.
(7)
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.
(8)
Existing and proposed contours at vertical intervals
of not more than two feet where the slope of the ground surface is
less than 10% and of not more than five feet where the slope of the
ground surface is 10% or more. Elevations shall be marked on such
contours based on National Geodetic Vertical Datum of 1929 (mean sea
level).
(9)
Water elevations of adjoining lakes and streams at
the date of the survey and approximate high and low water elevations,
all referred to mean sea level (1929) datum.
(10)
Floodplain limits 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, five
feet above the elevation of the maximum flood of record.
(11)
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.
(12)
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, all to mean sea level (1929 datum).
(13)
Location and names of any adjacent subdivision,
parks and cemeteries and owners of record of abutting unplanted lands.
(14)
Location, size and invert elevation of any existing
sanitary or storm sewers, culverts and drainpipes, the location of
manholes, catch basins, hydrants, and power and telephone poles, 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 sanitary or storm sewers or water mains are located on or immediately
adjacent to the lands being platted, the nearest such sewers or water
mains which might be extended to serve lands shall be indicated by
their direction and distance from the nearest exterior boundary of
the plat and their size and invert elevations.
(15)
Locations of all existing property boundary
lines, structures, drives, streams and watercourses, marshes, rock
outcrops, wooded areas, railroad tracks and other similar significant
natural or man-made features within the tract being subdivided or
immediately adjacent thereto.
(16)
Location, width and names of all proposed streets
and public rights-of-way such as alleys and easements.
(17)
Approximate dimensions of all lots together
with proposed lot and block numbers.
(18)
Location and approximate dimensions and size
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 private uses not requiring plotting.
(19)
Approximate radii of all curves.
(20)
Existing zoning on and adjacent to the proposed
subdivision.
(21)
Any proposed or existing lake and stream access
with a small drawing clearly indicating the location of the proposed
subdivision in relation to the access.
(22)
Any proposed lake and stream improvement or
relocation.
(23)
Soil type, slope and boundaries as shown on
the detailed operational soil survey maps prepared by the United States
Soil Conservation Service.
(24)
Location of soil boring tests. The number of
such tests shall be adequate to portray the character of the soil
and the depths of bedrock and groundwater from the natural undisturbed
surface. To accomplish this purpose, a minimum of one test per three
acres or one test per lot, whichever is more restrictive, shall be
made and initially submitted. This requirement may be waived for proposed
open area by the Town Plan Commission. The Town Plan Commission, upon
recommendation of the Town Engineer, may require that additional borings
and soundings be made in specified areas to ascertain subsurface soil,
rock and water conditions, including depth to bedrock and depth to
groundwater table. The Town does not guarantee, warrant, or represent
those soils tested and shown to be unsuitable for specific uses are
the only unsuitable soils within the Town, and interested persons
may choose to make additional evaluations of the soils to determination
that adequacy for any purpose, and interested persons by going forward
with a land division, purchasing a lot in the Town, or pursuing use
of any such property thereby waive any claims, causes of action, damages
or other liability on the part of the Town Board, its agencies, or
employees for sanitation problems or structural damages or other problems
that may occur as a result of reliance upon, and conformance with,
this information derived from this subsection.
(25)
The results of soil boring tests.
(26)
All Department of Natural Resources designated
wetlands and primary environmental corridors.
(27)
Grid numbers, based upon the information furnished
by the Town Clerk.
(28)
Any additional information required by the Town
Plan Commission.
B.
Certification. The surveyor or engineer preparing
the preliminary plat shall certify on the face of the plat that is
a correct representation of all existing land divisions and features
and that he has fully complied with the provisions of this chapter.
C.
Street plans and profiles. The Town Plan Commission,
upon recommendation of the Town Engineer, may require that the developer
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 National Geodetic
Vertical Datum (NGVD), and plans and profiles shall meet the approval
of the Town Engineer.
D.
Soil and water conservation. Soil and water conservation
must comply with the Waukesha County Stormwater and Erosion Control
Ordinance.
E.
Covenants and deed restrictions. The Town Plan Commission
shall require submission of a draft of protective covenants, where
a covenant is proposed, whereby the developer intends to regulate
land use in the proposed subdivision and otherwise protect the proposed
development. In addition, the Town Plan Commission may require that
restrictions be imposed in order to protect the health, safety and
welfare of the Town, to ensure compliance with this chapter and to
serve the purposes of Ch. 236, Wis. Stats. Upon approval of the deed
restrictions document by the Town Plan Commission, such restrictions
shall be noted on the final plat.
F.
Easements shall be shown and shall be limited to utility
easements, drainage easements, conservation easements, access easements,
and vision corner easements except as other allowed or required by
the Town Engineer. Easements shall not be used for conveyance of streets,
pedestrian rights-of-way, parks or school lands, or other public lands
requiring dedication. All drainage easements may be maintained by
the Town. The Town shall have the authority to assess the costs incurred
by the Town for maintenance to the benefiting landowners.
A final plat prepared by a registered land surveyor
shall be required for all subdivisions. It should comply in all respects
with the requirements of § 236.20, Wis. Stats.
A.
Additional information. The final plat shall show
correctly on its face, in addition to the information required by
§ 236.20, Wis. Stats., the following (see Appendix F, Town
of Vernon Land Division Review Checklist):
(1)
Exact length and bearing of the center line of all
streets.
(2)
Exact street width along the line of any obliquely
intersecting street.
(3)
Railroad rights-of-way within and abutting the plat.
(4)
Setbacks or building lines required by the Town Plan
Commission in accordance with the guidelines set forth in this chapter.
(5)
Utility and/or drainage easements.
(6)
All lands reserved for future public acquisition or
reserved for the common use of property owners within the plat.
(7)
Special restrictions required by the Town Plan Commission
relating to access control along public ways or to the provision of
planting strips.
(8)
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. A note shall be placed on the face of the plat noting
ownership and maintenance of all common use areas and that deed restrictions
are on file at the Register of Deeds.
(9)
A note on the face of the plat noting ownership and
maintenance obligations of all drainage swales, easements, retention
and detention ponds or other facilities shall be required. The document
shall show that all such facilities may be accessed and maintained
by the Town and that all costs incurred by the Town for maintenance
shall be charged back to the benefiting landowners.
(10)
Special restrictions required by the Town Plan
Commission or Town Board and any other approving or objecting agency
relating to access control along public ways, the provision of planting
strips, solar access restrictions, preservation of wetlands, more
restrictive yard requirements, or to special restrictions for environmentally
significant lands.
(11)
Location, area, depth and type of the soil absorption
waste disposal system for each building site, if applicable.
(12)
Floodplain limits of the one-hundred-year recurrence
interval flood as determined by the federal Flood Insurance Study
or other technical document, or, where such data is not available,
the elevation shall be determined by a registered professional engineer
and the sealed documents shall be approved by the Town Engineer. The
contour line is 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, the elevation shall be determined by a registered
professional engineer and the sealed documents shall be approved by
the Town Engineer within the exterior boundaries of the plat or located
within 100 feet therefrom.
(13)
Delineation of all wetlands and shoreland/wetlands
based on a field staking by the United States Army Corps of Engineers,
the Wisconsin Department of Natural Resources, the Southeastern Wisconsin
Regional Planning Commission, or other agency or firm certified to
make such delineation by the federal government or the Wisconsin Department
of Natural Resources.
(14)
Easements shall be shown and shall be limited
to utility easements, drainage easements, conservation easements,
access easements, and vision corner easements except as otherwise
allowed or required by the Town Engineer. Easements shall not be used
for conveyance of streets, pedestrian rights-of-way, parks or school
lands or other public lands requiring dedication.
(15)
Any date of any waiver or modification granted
by the Town Plan Commission and/or Waukesha County Board of Adjustment.
(16)
Any additional information required by the Town
Plan Commission. Where the Town Plan Commission or Town Engineer finds
that it or he requires additional information relative to a particular
problem presented by a proposed development to review the final plat,
it or he shall have the authority to request in writing such information
from the developer.
B.
Deed restrictions. The Town Plan Commission may require
that certain deed restrictions be placed on the face of the final
plat and may require a reference to a separately recorded deed restriction
document which shall be recorded with the approved plat.
C.
Survey accuracy. The Town Engineer shall examine all
final plats within the Town for legibility and completeness of the
drawing and may recommend that the Town make, or cause to be made
by a registered land surveyor under the supervision or direction of
the Town Engineer, such field checks as the Town may deem necessary
or desirable for the accuracy and closure of survey and the proper
kind and location of monuments. In addition:
D.
Surveying and monumenting. All final plats shall meet
all the surveying and monumenting requirements of § 236.15,
Wis. Stats.
E.
State Plane Coordinate System. Where the final plat
is located within a United States Public Land Survey quarter-section,
the corners of which have been relocated, monumented and coordinated
by the Town of Vernon, Waukesha County or the Southeastern Wisconsin
Regional Planning Commission, the final plat shall be tied directly
to two 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 and Wisconsin
state plane coordinates of the monument marking the relocated section
or quarter corner to which the plat is tied shall be indicated on
the plat. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Town's control
survey.
F.
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.
G.
Recordation. The final plat shall only be recorded
with the County Register of Deeds after the certificates of the Department
of Administration, the Town Board, the surveyor, the Waukesha County
Department of Parks and Land Use, and those certificates required
by § 236.21, Wis. Stats., are placed on the face of the
final plat. The final plat shall be recorded within six months of
the last approval by the Town Board as per § 236.25(2)(b)(1),
Wis. Stats., however no later than 24 months after date of approval
of allotment.
H.
Prior to the signature on the final plat by the Town
Clerk, the developer shall submit a lot layout map at a scale of one
inch equals 400 feet. This map shall only show lot numbers, lot dimensions
and street names.
A.
A certified survey map, prepared by a registered land
surveyor, shall be required for all minor land divisions. It shall
comply in all respects with the requirements of § 236.34,
Wis. Stats. The minor land division shall comply with the design standards
and improvement requirements in this chapter (see Appendix F, Town
of Vernon Land Division Review Checklist).
B.
Required information:
(1)
Date of the map.
(2)
Insert map showing area with property location.
(3)
Graphic scale and North arrow.
(4)
Name and address of the owner, developer and surveyor.
(5)
All existing structures, including usage and horizontal
offset to existing and/or proposed property lines, and the first floor
elevation thereof, visible and known wells, watercourses, drainage
ditches, existing property lines of abutting property, and other features
pertinent to proper division.
(6)
Name of adjoining streets, highways, parks, cemeteries,
subdivisions, ponds, streams, lakes, flowages, and wetlands.
(7)
Additional setbacks or building lines required by
the Town Plan Commission which are more restrictive than the regulations
of the zoning district in which the parcel is located or which are
proposed by the developer or are to be included in recorded protective
covenants.
(8)
All lands reserved for future public acquisition.
(9)
Floodplain limits of the one-hundred-year recurrence
interval flood as determined by the federal Flood Insurance Study
or other technical document, or, where such data is not available,
the elevation shall be determined by a registered professional engineer
and the sealed documents shall be approved by the Town Engineer. The
contour line is 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, the elevation shall be determined by a registered
professional engineer and the sealed documents shall be approved by
the Town Engineer within the exterior boundaries of the plat or located
within 100 feet therefrom.
(10)
Easements shall be shown and shall be limited
to utility easements, drainage easements, conservation easements,
access easements, and vision corner easements except as other allowed
or required by the Town Engineer. Easements shall not be used for
conveyance of streets, pedestrian rights-of-way, parks or school lands
or other public lands requiring dedication. All drainage easements
may be maintained by the Town. The Town shall have the authority to
assess the costs incurred by the Town for maintenance to the benefiting
landowners.
(11)
A note on the face of the certified survey map
noting ownership and maintenance obligations of all drainage swales,
easements, retention and detention ponds or other facilities shall
be required. The document shall show that all such facilities may
be accessed and maintained by the Town and that all costs incurred
by the Town for maintenance shall be charged back to the benefiting
landowners.
(12)
Exact length and bearing of the center line
of all streets being dedicated.
(13)
Exact street width along the line of any obliquely
intersecting street.
(14)
Railroad rights-of-way within and abutting the
plat.
(15)
Special restrictions required by the Town Plan
Commission and any other approving or objecting agency relating to
access control along public ways, the provision of planting strips,
preservation of wetlands, more restrictive yard requirements, or special
restrictions for environmentally significant lands.
(16)
Location, area, depth and type of the soil absorption
waste disposal system for each building site, if applicable.
(17)
Delineation of all wetlands and shoreland/wetlands
based on a field staking by the United States Army Corps of Engineers,
the Wisconsin Department of Natural Resources, the Southeastern Wisconsin
Regional Planning Commission, or other agency or firm certified to
make such delineation by the federal government or the Wisconsin Department
of Natural Resources.
(18)
Additional information. The Town Plan Commission
may require that the following additional information be provided
when necessary for the proper review and consideration of the map:
(a)
Existing contours at vertical intervals of not
more than two feet where the slope of the ground surface is less than
10% and of not more than five feet where the slope of the ground surface
is 10% or more. Elevations shall be marked on such contours based
on National Geodetic Vertical Datum (NGVD) of 1929 (mean sea level).
The requirement to provide topographic data may be waived if the parcel(s)
created is fully developed.
(b)
Soil type, slope and boundaries as shown on
the detailed operational soil survey maps prepared by the United States
Soil Conservation Service.
(c)
Location of soil boring tests. The number of
such tests shall be adequate to portray the character of the soil
and the depths of bedrock and groundwater from the natural undisturbed
surface. To accomplish this purpose, a minimum of one test per three
acres or one test per lot, whichever is more restrictive, shall be
made and initially submitted. The results of the tests required by
this subsection shall be submitted prior to approval of the final
certified survey map.
C.
The Town Board, upon recommendation by the Plan Commission,
may waive the requirement that the entire area contiguous to the land
outlined in the proposed certified survey owned or controlled by the
developer be included on the certified survey map even though only
a portion of said area is proposed for immediate development. However
this waiver may only occur when the parcel(s) to be created by a land
division is 40 acres or more in area and is not intended for development.
D.
The Town Plan Commission may require a development
plan of the applicant's entire holdings or part thereof and/or surrounding
areas in order to determine how the proposed parcel will fit into
the overall development of the surrounding lands, the possible street
system, drainage pattern or impact on environmentally sensitive lands.
E.
State Plane Coordinate System. Where the map is located
within a United States Public Land Survey quarter-section, the corners
of which have been relocated, monumented and placed on the Wisconsin
State Plane Coordinate System by the Southeastern Wisconsin Regional
Planning Commission, the map shall be tied directly to two or more
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 type of monument and Wisconsin state
plane coordinates of the monument marking the relocated section or
quarter corner to which the map is tied shall be indicated on the
map. All distances and bearings shall be referred to the Wisconsin
Coordinate System, South Zone. The grid bearing and distance of the
tie shall be determined by a closed survey meeting the error of closure
herein specified for the survey of the exterior boundaries of the
subdivision.
F.
Certificates. The surveyor shall certify on the face
of the map that he has fully complied with all the provisions of this
chapter. The Town Board, after approval by the Town Plan Commission
and the recommendation by all reviewing agencies, shall certify its
approval on the face of the map.
(1)
When a certified survey map includes the dedication
of streets and other public areas, an owner's certificate in substantially
the same form as required by § 236.21(2)(a), Wis. Stats.,
shall be required.
(2)
All certified survey maps shall provide all the certificates
required by § 236.21, Wis. Stats.
G.
Recordation. The certified survey map shall be recorded
with the Register of Deeds only after the certificates of the Town
Board, the Town Plan Commission, the surveyor, and the owner are placed
on the face of the map. The map shall be recorded by the Town Clerk
or designee within six months after the date of the last approval
of the map and within 24 months after the first approval of the map
as per § 236.34(2)(b)1, Wis. Stats. The Town shall not permit
the applicant, title company, or any other entity to record the certified
survey map.[1]
H.
Prior to the approval of the certified survey map,
a developer's agreement must be submitted and shall be subject to
the prior approval of the Town Board if public right-of-way or other
public facilities are to be dedicated to the Town.
I.
Prior to submittal of final certified survey maps
to the Town Plan Commission and Town Board, the document must contain
the required signatures and dates of all nonmunicipal officials. (i.e.,
surveyor on all pages, owners and mortgage companies).
J.
When requested by Town Clerk and/or Department of
Public Works Director, a culvert sizing plan, drainage basin map and
size calculations must be submitted with the certified survey map.
