[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 1-81 as Ch. 18 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 106.
Mobile home parks — See Ch. 168.
Parks, recreation and open space — See Ch. 181.
Sewers — See Ch. 198.
Streets and sidewalks — See Ch. 212.
Water — See Ch. 242.
Comprehensive Plan — See Ch. 250.
Floodplain zoning — See Ch. 253.
Zoning — See Ch. 255.
For the purposes listed in W.S.A. §§ 236.01
and 236.45, the Common Council ordains subdivision regulations as
provided herein.
A.
Subdivision defined. "Subdivision" includes any division
of land resulting in two or more parcels or lots where any parcel
or lot is less than 10 acres. If a new street is involved, any division
of land becomes a subdivision. "Subdivision" also includes resubdivision
and replatting. A minor subdivision is a subdivision of four or fewer
parcels using a certified survey map.
[Amended by Ord. No. 2-84]
B.
Approved plat required. No division of land within
the City or within its extraterritorial jurisdiction shall be permitted
if it results in a subdivision unless a plat of the subdivision is
submitted and approved in accordance with this chapter and W.S.A.
Ch. 236.
C.
Conformity to ordinances and plans required. In addition to the provisions of this chapter and W.S.A. Ch. 236, all subdivisions shall conform to Chapter 255, Zoning, the Official Map and the Comprehensive Plan for the City and its extraterritorial planning area.
[Amended 5-1-2000 by Ord. No. 9-00]
D.
Streets, platting and dedication of. Whenever a tract
to be subdivided embraces any part of an arterial, connector or collector
street designated in the City's Comprehensive Plan or Official Map,
such part of the proposed public way shall be platted and dedicated
by the subdivider at the location and at a width indicated on the
Comprehensive Plan and Official Map.
[Amended 5-1-2000 by Ord. No. 9-00]
E.
Prohibited subdivisions. No land shall be subdivided
for residential use which is held by the City Plan Commission to be
unsuitable for such use by reason of flooding or bad drainage, adverse
earth or rock formation or topography or any other feature likely
to be harmful to the health, safety or welfare of the future residents
in the proposed subdivision or the community.
F.
Private covenants and more restrictive ordinances.
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever the regulations
it imposes are more restrictive.
G.
Land divisions. Where the division of land into two
or more parcels or lots for the purpose of transfer of ownership or
building development does not come within the definition of "subdivision"
as defined by this chapter, a description of such land division shall
be filed with the City Clerk, who shall submit copies of such division
to the Plan Commission and City Engineer. No building permit shall
be issued until such description has been received by the Secretary
of the Plan Commission.
H.
Lots capable of redivision. Where lots are platted
in excess of 24,000 square feet or 150 feet in width at the building
setback line, a preliminary resubdivision plan shall be submitted
showing a potential and feasible way in which the lot or lots may
be resubdivided in future years for more intensive use of the land,
except subdivisions where protective covenants or ordinances restrict
such division.
I.
Exceptions. The provisions of this chapter do not
apply and no plat is required for any of the following:
(1)
Transfers of interest in land by will or pursuant
to court order.
(2)
Leases for a term not exceeding 10 years, mortgages
or easements.
(3)
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not created and the lots
are not reduced below the minimum sizes required by this chapter or
other ordinances.
J.
Only four new parcels may be created by means of a
minor subdivision within a five-year period by a subdivider from a
contiguous tract of land, outlot or part of a recorded subdivision.
A.
Preliminary meeting. Before filing a preliminary plat
or a certified survey map, the subdivider shall consult with the Plan
Commission and its staff for advice regarding general requirements
affecting the proposed development. A sketch of the proposed subdivision
drawn on a topographic survey map shall be submitted. The subdivider
shall also submit a location map showing the relationship of the proposed
subdivision to traffic arteries and existing community facilities.
B.
Preliminary plat. If a plat is required, the subdivider
shall submit to the Plan Commission and to those agencies having the
authority to object to plats under provisions in W.S.A. Ch. 236 a
preliminary plat based upon an accurate exterior boundary survey by
a registered land surveyor which shall show clearly the proposed subdivision
at a suitable scale and shall show correctly on its face the following
information:
(1)
General.
(a)
Title under which the proposed subdivision is
to be recorded, which shall not be a duplicate name or descriptively
similar name of any plan previously recorded in the county.
(b)
Location of proposed subdivision by government
lot, private claims, quarter section or quarter-quarter section, section,
township, range, outlot number, if applicable, county and state noted
immediately under the title. Any previous subdivision or part thereof
shall be identified.
(c)
Date, scale and North point.
(d)
Names and addresses of owner, subdivider and
land surveyor preparing the plat.
(e)
A sketch or diagram showing how the remainder
of all lands contiguous under the same ownership may be divided in
order that the proposal may be considered as a portion of an acceptable
pattern of total land development.
(2)
Plat data.
(a)
Exact length and bearing of the exterior boundaries
of the proposed subdivision referenced to a corner established in
United States Public Land Survey and the total acreage encompassed
thereby.
(b)
Contours at vertical intervals of no 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 is 10% or more. Elevations
shall be marked on such contours on United States Geological Survey
(USGS) (1929 adjustment) datum.
(c)
Water elevations of adjoining lakes and streams
and the date of the survey and approximate high and low water elevations,
all referred to USGS (1929 adjustment) datum, and approximate boundaries
of area subject to flood or stormwater overflow.
(d)
Location, right-of-way width and names of all
existing streets, alleys or other public ways, easements, railroads
and utility rights-of-way and all section and quarter section lines
within the exterior boundaries of the plat or immediately adjacent
thereto.
(e)
Location and names of any adjacent subdivisions,
Assessor's plats, recorded certified survey maps, parks and cemeteries
and owners of record of abutting unplatted lands.
(f)
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, curb elevations, bench marks and monuments, all to USGS
(1929 adjustment) datum.
(g)
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 sewer or water mains are located on or immediately adjacent to
the tract, such sewer or water mains which might be extended and which
are located within one mile of the plat shall be indicated by their
direction and distance from the tract.
(h)
Locations of all existing property boundary
lines, structures, drives, streams and watercourses, marshes, rock
outcrops, wooded areas, railroad tracks and other similar significant
features within the tract being subdivided or immediately adjacent
thereto.
(i)
Location, width and names of all proposed streets
and public rights-of-way, such as alleys and easements.
(j)
Dimensions of all lots, together with proposed
lot and block numbers.
(k)
Location and dimensions of any sites to be reserved
or dedicated for parks, recreation and open space, 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.
(l)
Approximate radii of all curves.
(m)
Existing zoning on and adjacent to the proposed
subdivision.
(n)
Municipal boundary lines within or adjacent
to the proposed subdivision.
(o)
Any proposed lake and stream access, with a
small drawing clearly indicating the location of the proposed subdivision
in relation to the access.
(p)
Any proposed lake and stream improvement or
relocation.
(3)
Testing. The City Engineer may require that 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. Where the subdivision will not be served by central
sanitary sewer service, the provisions of Chapter H 65 of the Wisconsin
Administrative Code shall be complied with and the appropriate data
submitted with the preliminary plat.
(4)
Platting in a floodplain area. When receiving a preliminary
plat, all or part of which lies in any floodplain area, the City Plan
Commission may, prior to rendering a decision thereon:
(a)
Require the applicant to submit two copies of
an aerial photograph, or a plan certified by a competent technician,
which accurately locates the floodplain proposal with respect to the
floodplain district limits, channel stream and existing floodplain
developments, together with all pertinent information, such as the
nature of the proposal, fill limits and elevations, building flood
elevations and floodproofing measures.
(b)
Transmit one copy of the information which may
be required herein to the Department of Natural Resources with a request,
where deemed necessary, to have that agency provide expert technical
assistance in evaluating the effect of the proposed project upon flood
heights, velocities and floodplain storage areas and the determination
of flood protection levels.
(c)
Require the applicant to furnish such of the
following additional information as is deemed necessary for the evaluation
of the effects of the proposal upon flood flows and floodplain storage
and to render a decision on the proposed floodplain use:
[1]
A typical valley cross section showing the channel
of the stream, the floodplain adjoining each side of the channel,
the cross-sectional area to be occupied by the proposed development
and high water information.
[2]
Plan (surface view) showing elevations or contours
of the ground; pertinent structure, fill or storage elevations; size,
location and spatial arrangement on all proposed and existing structures
on the site; location and elevations of streets, water supply, sanitary
facilities and soil types; and other pertinent information.
[3]
Profile showing the slope of the bottom of the
channel or flow line of the stream.
[4]
Specifications for building construction and
materials, filing, dredging, grading, channel improvements, storage
of materials, water supply and sanitary facilities.
(d)
Affirm, modify or withdraw its determination
of unsuitability, basing its decision on the floodplain management
standards set forth by the Department of Natural Resources.
(5)
Covenants. The subdivider shall submit to the City
Plan Commission a draft of protective covenants whereby the subdivider
intends to regulate land use in the proposed subdivision and otherwise
protect the proposed development.
(6)
Affidavit. The registered land surveyor preparing
a 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.
(7)
Statement. A supplementary written statement shall
be submitted by the subdivider along with the preliminary plat briefly
describing improvements, such as grading, paving, tree planting, installation
of utilities, and improvements to park and recreation areas, which
the subdivider proposes to make and when he intends to make them.
(8)
Approval. After review of the preliminary plat and
negotiations with the subdivider on changes being advisable and the
kind and extent of public improvements which will be required, the
Plan Commission shall reject, approve or conditionally approve the
preliminary plat within 90 days as provided by statute, unless extended
by mutual agreement.
[Amended 5-1-2000 by Ord. No. 9-00]
(a)
Approval or conditional approval of a preliminary
plat shall not constitute approval of the final plat but an expression
of approval or conditional approval of the layout submitted as a guide
to the preparation of the final plat, subject to further consideration
by the Plan Commission.
(b)
Whenever it is proposed to replat or resubdivide
a recorded subdivision or subdivisions or any part of a recorded subdivision
or subdivisions, the Plan Commission shall hold a public hearing on
the proposed preliminary plat of the replat before taking action.
When a preliminary plat of a replat is filed with the Plan Commission,
the City Clerk shall schedule a public hearing before the Plan Commission.
The Clerk shall mail notices of the proposed replat and of the scheduled
hearing thereon at least 10 days prior to the time of such hearing
to the owners of all properties situated within the limits of the
exterior boundaries of the proposed replat and to the owners of all
properties within a radius of 300 feet of the exterior boundaries
of the proposed replat.
(9)
Environment. A statement shall be submitted for each
subdivision setting forth its effects, or lack thereof, on the immediate
environment.
C.
Final plat.
(1)
Final plats shall be submitted to the Plan Commission
within 36 months of preliminary plat acceptance, unless this requirement
is waived in writing by the Plan Commission. The final plat shall
substantially 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 that have the authority
to object to the plat as provided by W.S.A. § 236.12(2),
except that no ordinance may modify in a more restrictive way time
limits, deadlines, notice requirements, or other provisions of Wisconsin
Statutes, Platting Lands, that provide protection for the subdivider.
The final plat shall be submitted to the Plan Commission at least
10 working days prior to the meeting at which it is to be considered,
and the final plat shall be acted upon by the Plan Commission and
the Common Council within 60 days of its submission, unless the time
is extended by an agreement with the subdivider. Reasons for rejection
shall be stated in the minutes of the Council meeting, and a copy
thereof or a written statement of such reasons shall be given to the
subdivider. Approved final plats shall be recorded in accordance with
the statutory requirements prior to the time that lots are offered
for sale, reference is made to the map for sale purposes or use is
made of lot and block numbers shown on the plat.
[Amended 5-1-2000 by Ord. No. 9-00; 3-7-2011 by Ord. No. 4-11]
(2)
If the original of the final plat has been filed with
another approving authority, the subdivider may file a true copy of
such plat in lieu of the original. However, before the approval of
the Plan Commission and Common Council will be inscribed on the original
of the final plat, the surveyor or subdivider shall certify the respects
in which the original of the final plat differs from the true copy,
and all modifications must first be approved.
D.
Subdivision outside the City (within the City's extraterritorial
plat approval jurisdiction). In planning and developing a subdivision
in an unincorporated area of St. Croix County within three miles of
the City, as provided by W.S.A. § 236.02(5), the subdivider
or his agent shall follow the procedures outlined in this section
and W.S.A. § 236.12.
[Amended 11-21-2022 by Ord. No. 13-22]
E.
Minor subdivision.
(1)
Certified survey maps for minor subdivisions shall
be submitted to the Plan Commission (six copies) 13 days prior to
the meeting at which they are to be considered and shall be approved,
conditionally approved or rejected by the Plan Commission and Common
Council within 60 days, unless extended by mutual consent.
(2)
Required information. The following information is
required:
A.
General provisions. The following provisions shall
apply to the subdivisions platted within the City and to subdivisions
platted within the extraterritorial plat approval jurisdiction of
the City.
(1)
Construction by subdivider. The improvements required
under these regulations shall be constructed by the subdivider and
at the subdivider's expense prior to the filing with the Plan Commission
and Common Council of the final plat for final approval, in accordance
with the specifications and under the supervision of the officials
having jurisdiction.
(2)
Performance or other surety. In lieu of constructing the improvements as required in Subsection A(1), the subdivider shall furnish the City Finance Officer with a surety performance bond, or other form of surety satisfactory to the City, running to the City sufficient to cover the subdivider's cost of such required improvements, as estimated by the City Engineer, plus an additional sum of 25% of said estimate, thereby securing the actual construction and installation of such improvements immediately after final approval of the plat or at a time in accordance with the requirements of the Council.
[Amended 5-1-2000 by Ord. No. 9-00]
(3)
Completion of improvements. If the procedure under Subsection A(1) is followed, the construction of all improvements required by these rules and regulations shall be completed within two years from the date of approval of the final plat by the Common Council, unless good cause can be shown for the granting of an extension of time by authority of the Common Council. If no extension is granted, the City, at its option, may cause all uncompleted required work to be constructed, and the parties executing the bond shall be firmly bound for the payment of all necessary costs thereof. The Finance Officer shall return the bond to the subdivider upon completion of the improvements.
[Amended 5-1-2000 by Ord. No. 9-00]
(4)
Acceptance of dedications. The approval of the final
plat by the Common Council shall constitute acceptance of the dedication
of any public street, road, park or highway dedicated in such plat.
(5)
Modification by Council. Where unusual or exceptional
factors or conditions exist, the Council may modify the provisions
of this chapter. A written statement of the reasons for such modification
shall be attached to all copies of the construction plans.
(6)
Extension of utilities. Where extensions of utilities
and/or annexation is reasonably expected and scheduled on a capital
improvements program within four years' time, as determined by the
Common Council, all improvements shall be required, otherwise curb
and gutter, sidewalks, water and sanitary sewer and associated pumping
system improvements will not be required.
(7)
Construction by City. As a complete alternative to Subsection A(1) and in order to promote orderly growth and development within the City, the Common Council may, by resolution, authorize construction of required improvements, in whole or in part, as a City project, levying the cost thereof against the benefited property as a special assessment upon such terms and conditions as the Common Council may deem proper.
[Amended by Ord. No. 3-85]
B.
Required improvements. The following required improvements
shall be designed, engineered and installed at the expense of the
subdivider according to the City Comprehensive Plan and engineering
standards and specifications established and approved by the Common
Council, Public Water Utility Commission or City Engineer and on file
with the City Clerk. Where standards and specifications have not been
established, the improvements shall be made according to good engineering
practices.
[Amended 5-1-2000 by Ord. No. 9-00]
(1)
Streets and rights-of-way. Rights-of-way shall be
graded from property line to property line and, after the installation
of all utility and storm sewer drainage improvements, concrete curb
and gutter shall be installed, the streets surfaced from curb to curb
and the remaining portion of the right-of-way topsoiled and ground
cover planted or seeded.
(2)
Sanitary sewers. A public sanitary sewer system adequate
to serve the subdivision shall be provided and include a lateral connection
for each lot and a satisfactory connection to the City sanitary sewer
system. If the City system is not available to accommodate the subdivision,
the subdivider shall provide his own central system that complies
with the standards of the Department of Natural Resources and applicable
state and local laws.
(3)
Water distribution. A complete water distribution
system shall be installed and be adequate to serve the area platted,
including connections for each lot. The developer shall pay for and
install all necessary fire hydrants.
(4)
Storm sewers. A storm sewer or drainage system shall
be provided and be adequate to serve the area being platted with provision
to drain to and from the area. Erosion and sediment control measures
shall be designated as necessary.
(5)
Pumping stations and force mains. If a pumping station
is required to pump either sanitary wastes or stormwater into the
existing public sewer mains, the subdivider shall install, at no expense
to the City, a pumping station and force main adequate to service
a subdivision and shall deed such pumping station, force main, equipment
and site to the City prior to acceptance of the final plat. If a greater
capacity system is desired by the City, the subdivider shall be required
to pay only that portion of the total cost attributable to his subdivision.
Combined sewers are unacceptable.
(6)
Bridges and culverts. All bridges and culverts shall
be installed at the expense of the subdivider.
(7)
Monuments. Monuments of a permanent character (pipes,
steel rods, concrete or equivalent) shall be placed in each corner
or angle on the boundary of the subdivision and at each corner of
each lot. All United States, county or other official bench marks,
monuments or triangulation stations shall be preserved at precise
locations. The subdivider shall maintain the monuments in good order
during construction and development.
(8)
Concrete sidewalks. Concrete sidewalks constructed
to conform to specifications established by the Common Council with
a minimum width of five feet shall be installed at the subdivider's
expense, unless a lesser width is approved by the Common Council.
[Amended by Ord. No. 7-94]
(9)
Street signs. Street name signs shall be installed
at the subdivider's expense.
(10)
Trees. A minimum of one tree selected from three species
acceptable to the Park Board shall be planted or left for each 50
feet of frontage on all streets proposed to be dedicated. New planting
shall conform to specifications established by the Common Council
and on file with the Clerk. Trees shall be located no closer than
five feet from the curb or street side of the sidewalk. Care should
be taken not to plant trees over utilities.
(11)
Utilities. The subdivider shall cause gas, electric
power and telephone facilities to be installed to make adequate service
available to each lot in the subdivision. Telephone and electric power
shall be installed underground unless infeasible.
(12)
Pedestrianways. Pedestrianways and other improvements
shall be provided as required at the subdivider's expense.
C.
Construction plans and inspection required.
(1)
Construction plans. Whenever any improvements are
required by the City, construction plans for improvements to be installed
shall be furnished in accordance with the specifications of the officials
having jurisdiction and shall receive approval of these officials
before improvements are installed. The following plans shall be required
where applicable:
(a)
Street plans and profiles showing existing and
proposed grades, including extension for a reasonable distance beyond
the subdivision elevations and cross sections of required improvements.
(b)
Sanitary sewer plans and profiles showing the
locations, grades, sizes, elevations and materials.
(c)
Storm sewer plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials or methods
of stormwater disposal in lieu of sewers.
(d)
Water main plans and profiles showing locations,
sizes, elevations and materials.
(e)
Grading plans for the entire subdivision.
(f)
Additional special plans or information as required
by the officials having jurisdiction.
(2)
Inspections. Prior to starting any of the work covered
by the plans approved as above, arrangements shall be made for the
City Engineer to inspect the work which, in the opinion of the City
Engineer, Public Water Utility Commission and Common Council, will
ensure compliance with the plans and specifications as approved. Prior
to starting work, written approval shall be obtained from the City
Engineer, Public Water Utility Commission and Common Council. All
costs of inspection shall be borne by the subdivider.
(3)
Contracts with the City. The subdivider shall engage
his own contractors on his own responsibility for all required work.
He may, however, contract with the City to do part or all of the work
for him at his expense. Nothing contained herein shall obligate the
City to perform part or all of such work.
(4)
Extraordinary costs. The City shall be responsible
for any extraordinary costs for major utility and street improvements
(including right-of-way acquisition) which benefit a much broader
area than the subdivision under consideration. These costs (including
engineering, bonding, interest, etc.) shall be assessed against future
development on the basis of the assessment policy adopted by the Common
Council.
(5)
Undeveloped parcels. Whenever utilities traverse an
undeveloped parcel of land, costs will be borne by the subdivider
causing installation of such utilities.
(6)
Inspection by City Engineer. The City Engineer shall
inspect all completed work prior to approval of the final plat or
release of the sureties.
(7)
Prior to release or discharge of the bond or surety
required by this chapter, upon completion of the work for which bond
or surety is offered, the subdivider shall submit to the City Building
Inspector construction plans showing how the construction was actually
completed. These plans shall be approved before the bond or surety
shall be discharged or released.
D.
Stage development. Where it shall appear to the satisfaction
of the Common Council that the whole of the plat and its subdivision
cannot immediately be fully improved with respect to the installation
of all storm and sanitary sewers and related facilities, water mains
and related facilities and street improvements by reason of unavoidable
delay in the acquisition of land necessary for such improvements or
by reason of an unavoidable delay in obtaining necessary engineering
data and the information, for any good reason or cause, the Common
Council may authorize the subdivider to proceed with the installation
of improvements required under this chapter on a portion or part of
such subdivision, and in such event the requirements of this chapter
shall apply to that portion or part thereof authorized for immediate
improvements.
E.
Building permits, issuance of. No building permits
shall be issued for erection of a structure on any lot of record until
all the requirements of this chapter have been met.
A.
Streets and alleys.
(1)
General. In any new subdivision the street layout
shall conform to the general arrangement, width and location indicated
on the Official Map and Comprehensive Plan. In areas for which such
layouts have not been completed, the streets shall be designed and
located in proper relation to existing and proposed streets, topography,
such natural features as streams and tree growth, public convenience
and safety, the proposed use of the land to be served by such streets
and the most advantageous development of adjoining areas. The subdivision
shall be such as to provide each lot with a public street access.
[Amended 5-1-2000 by Ord. No. 9-00]
(a)
Major streets. Principal and minor arterials
and collector streets shall be properly integrated with the existing
and proposed system of major streets and highways and insofar as practicable
shall be continuous and in alignment with existing, planned and platted
streets with which they are to connect.
(b)
Minor streets. Local streets and culs-de-sac
shall be designated to conform to the topography, discourage use by
through traffic, permit the design of efficient storm and sanitary
sewerage systems and require the minimum street area necessary to
provide safe and convenient access to abutting property.[1]
[1]
Editor's Note: Original Sec. 18.05(1)(a)3,
Buffers, which immediately followed this subsection and was amended
by Ord. No. 25-88, was deleted 5-1-2000 by Ord. No. 9-00.
(c)
Culs-de-sac. Cul-de-sac streets designed to
have one end permanently closed shall not exceed 1,000 feet in length.
(d)
Alleys. Alleys shall be required in commercial
and industrial districts for off-street loading and service access
if deemed necessary by the Plan Commission but shall not be approved
in residential districts. Dead-end alleys shall not be approved, and
alleys shall not have their points of connection on a major thoroughfare.
B.
Intersections.
(1)
Streets shall intersect each other at as nearly right
angles as topography and other limiting factors of good design permit.
(2)
The number of streets converging at one intersection
shall be reduced to a minimum, preferably not more than two.
(3)
The number of intersections along major streets shall
be held to a minimum. Wherever practicable the distance between such
intersections shall not be less than 1,200 feet.
C.
Street widths and grades.
(1)
The minimum right-of-way and roadway of all proposed
streets and alleys shall be of the width specified by the Comprehensive
Plan or Official Map. If no width is specified thereon the minimum
widths shall be as follows:
[Amended 5-1-2000 by Ord. No. 9-00]
|
Type of Street
|
Minimum Right-of-Way Width
(feet)
|
Minimum Roadway Width (face of curb to
face of curb)
(feet)
| |
|---|---|---|---|
|
Principal arterials
|
100
|
52
| |
|
Minor arterials
|
80
|
44
| |
|
Collector streets
|
66
|
36
| |
|
Local streets and culs-de-sac
|
60
|
32
| |
|
Culs-de-sac (not over 500 feet long)1
|
50
|
26
| |
|
Alleys
|
24
|
20
| |
|
Pedestrianways
|
12
|
4 to 12
|
|
NOTES:
| |
|---|---|
|
1 With limited parking (meaning double garages
and aprons); also loop streets not exceeding 1,000 feet with limited
parking.
|
(2)
Cul-de-sac streets. All cul-de-sac streets shall terminate
in a circular turnaround having a minimum right-of-way diameter of
120 feet and a minimum outside curb diameter of 90 feet.
(3)
Grades.
(a)
Unless necessitated by exceptional topography
and subject to the approval of the Plan Commission, the maximum street
grades shall not exceed the following:
|
Type of Street
|
Maximum Street Grade
| |
|---|---|---|
|
Principal arterials
|
6%
| |
|
Minor arterials and collector streets
|
8%
| |
|
Local streets, culs-de-sac and alleys
|
10%
| |
|
Pedestrianways, unless steps of acceptable design
are provided
|
12%
|
(b)
The grade of any street shall in no case exceed
10% or be less than 1/2 of 1%.
(4)
Radii of curvature.
(a)
When a continuous street center line deflects
at any point by more than 10 feet, a circular curb shall be introduced
having a radius of curvature on such center line of not less than
the following:
|
Type of Street
|
Radius of Curvature
(feet)
| |
|---|---|---|
|
Principal and minor arterials
|
300
| |
|
Collector streets
|
200
| |
|
Local streets and culs-de-sac
|
100
|
(b)
A tangent of at least 100 feet in length shall
be provided between reverse curves on arterial and collector streets.
(5)
Half streets. Where an existing dedicated or platted
half street is adjacent to the tract being subdivided, the other half
of the street shall be dedicated by the subdivider.
(6)
Street names. New street names shall not duplicate
or be similar to existing streets in the City.
[Amended 5-1-2000 by Ord. No. 9-00]
(7)
Streetlighting. The location of streetlights or a
reasonable alternative thereto as determined by the Plan Commission
shall be shown on the subdivision plans following consultation with
the Electric Utility.
D.
Easements.
(1)
The Plan Commission may require easements of widths
deemed adequate by the Commission for the intended purpose on each
side of all rear lot lines and on side lot lines or across lots where
necessary or advisable for poles, wires, conduits, storm and sanitary
sewers, gas, water and heat mains or other utility lines.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, any adequate drainageway or easement
shall be provided as required by the Plan Commission. The location,
width, alignment and improvement of such drainageway or easement shall
be subject to the approval of the Plan Commission, and parallel streets
or parkways may be required in connection therewith. Wherever possible,
the stormwater drainage shall be maintained by landscaped open channels
of adequate size and grade to hydraulically accommodate maximum potential
volumes of flow, these sizes and design details to be subject to review
and approval by the City Engineer.
(3)
If parkways or drainageways influenced by topographical
features, such as streams or ponds, ravines, wooded areas or other
natural features, are to be provided within the proposed plat, their
width and location shall be determined as may be deemed necessary
to preserve such features. Such determination shall have a minimum
width of 100 feet, but it shall not in any case be less than 50 feet
in width.
E.
Blocks.
(1)
The lengths, widths and shapes of blocks shall be
suited to the planned use of the land, zoning requirements, need for
convenient access, control and safety of street traffic and the limitations
and opportunities of topography. Block lengths in residential areas
shall not as a general rule be less than 600 feet in length between
street lines unless dictated by exceptional topography or other limiting
factors of good design.
(2)
Blocks shall have sufficient width to provide for
two tiers of lots of appropriate depth, except where otherwise required
to separate residential development from through traffic.
(3)
Pedestrianways or crosswalks shall be provided near
the center and entirely across any block 900 feet or more in length
where deemed essential, in the opinion of the Plan Commission, to
provide adequate pedestrian circulation or access to schools, shopping
centers, churches or transportation facilities.
(4)
All utility lines for electric power and telephone
service will be placed in rear lot line easements when carried overhead
on poles.
F.
Lots.
(1)
Residential lots fronting or backing on principal
and minor arterials shall be appropriate for the location of the subdivision
and for the type of development and use contemplated. The lot should
be designed to provide an aesthetically pleasing building site and
a proper architectural setting for the building contemplated.
(2)
Every lot shall front or abut on a public street,
except when the lot is created with a private street(s) or private
access easement(s) to provide adequate emergency access to the lot.
[Amended by Ord. No. 7-96]
(3)
Lot dimensions shall conform to the requirements of Chapter 255, Zoning. Where not served by a public sewer, lot dimensions and areas shall, in addition, conform to the requirements of the State Department of Health.
(4)
Side lot lines shall be at right angles to straight
street lines or tangents or curved street lines on which the lots
face.
(5)
Corner lots shall have an extra 10 feet in width along
the side street to be designated as a buffer strip. This strip shall
be part of the platted lots and shall have the following restrictions
lettered on the face of the plat: "This strip reserved as a buffer
and the building of structures hereon is prohibited. This buffer strip
shall not be used as part of the required side yard." Lots adjacent
to pedestrianways or walkways shall be considered as corner lots.
(6)
Excessive lot depth in relation to width shall be
avoided, and a proportion of 2:1 shall be normally considered as a
desirable ratio.
(7)
Lot lines shall follow municipal boundary lines rather
than cross them.
(8)
Double-frontage and reverse-frontage lots shall be
prohibited except where necessary to provide separation of residential
development from through traffic or to overcome specified disadvantages
of topography and orientation.
(9)
Residential lots fronting or backing on major arterials
shall be platted with extra depth to permit generous distances between
the buildings and such traffic ways. Lot access along principal and
minor arterials shall be prohibited, and lot access along collector
streets shall be discouraged.
(10)
Depth and width of properties reserved or laid out
for commercial or industrial use shall be adequate to provide for
the off-street service and parking facilities required by the type
of use and development contemplated.
A.
The Building Inspector shall have primary responsibility
for enforcing this chapter. No land use permit shall be issued for
construction on any lot until the final plat for the subdivision has
been duly recorded or a certified survey map is recorded as specified
in W.S.A. § 236.34.
This chapter shall apply not only to the subdivisions
and additions hereinabove set forth in the body of this chapter but
shall also, insofar as payment of costs for improvement of subdivisions
is concerned, apply to those subdivisions and additions, or parts
thereof, already platted and approved which are undeveloped, wholly
or partially, as of March 28, 1974.
[Amended by Ord. No. 5-87; Ord. No. 21-89; 5-1-2000 by Ord. No. 9-00]
A.
General. The subdivider shall pay the City all fees
as hereinafter required and at the times specified. Fee amounts are
established by the Common Council from time to time.
B.
Pre-preliminary plan application fee. The subdivider
shall pay a fee for each lot or parcel within the pre-preliminary
plat to the City Clerk at the time of first application of any pre-preliminary
plat to assist in defraying the cost of the application. A reapplication
fee shall be paid to the City Clerk at the time of reapplication for
approval of any pre-preliminary plat which has been reviewed.
C.
Preliminary plat application fee. The subdivider shall
pay a fee for each lot or parcel within the preliminary plat to the
City Clerk at the time of first application of any preliminary plat
to assist in defraying the cost of the application. A reapplication
fee shall be paid to the City Clerk at the time of reapplication for
approval of any preliminary plat which has been reviewed.
D.
Final plat application fee. The subdivider shall pay
a fee for each lot or parcel within the final plat to the City Clerk
at the time of first application for approval of any final plat to
assist in defraying the cost of review. A reapplication fee shall
be paid to the City Clerk at the time of reapplication for approval
of any final plat which has previously been reviewed.
E.
Certified survey map fee. The subdivider shall pay
a fee to the City Clerk's office at the time of submission for approval
of a certified survey map.
F.
Inspection fee. The subdivider shall pay a fee equal
to the actual cost to the City for such inspection as the City Engineer
deems necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the City or any other governmental authority.
G.
Engineering fee. The subdivider shall pay a fee equal
to the actual cost to the City for all engineering work incurred by
the City in connection with the plat. Engineering work shall include
the preparation of construction plans and standard specifications.
The subdivider may furnish all, some or part of the required construction
plans and specifications, in which case no engineering fees shall
be levied for such plans and specifications furnished.
H.
Administrative and review fee. The subdivider shall
be responsible for the cost of plan review, legal, administrative
or fiscal work which may be undertaken by the City in connection with
the plat. Legal work shall include the drafting of contracts between
the City and the subdivider. An administration and review fee is required
for all plats and all certified survey maps at the time of application
for pre-preliminary plat. The deposit fee shall be held in a trust
fund and cost deducted as incurred. At the end of the review period
and determination of costs, any amount remaining in the fund for that
application will be refunded.
[Added by Ord. No. 34-87]
A.
Within 10 days of the filing of a proposed certified
survey map, pre-preliminary plat, preliminary plat or final plat,
the Zoning Administrator shall send written notice of plat filing
to all owners of land within 200 feet of the subject property.
B.
Notice shall be sent by United States regular mail
to the parcel owner and to the address indicated on the current tax
roll maintained by the City of Hudson Assessor. Notice requirements
of this section shall be fulfilled and completed when the Zoning Administrator
complies with the requirements herein and files his affidavit of mailing
with the City. Failure to receive notice by an adjacent property owner
shall not invalidate any action taken by the City.
[Added by Ord. No. 20-96; amended by Ord. No. 1-97; Ord. No. 11-99; 5-1-2000 by Ord. No. 9-00; 7-16-2001 by Ord. No. 7-01; 10-7-2002 by Ord. No. 11-0212-1-2014 by Ord. No.
14-14; 8-3-2020 by Ord. No. 13-20]
A.
Purpose and intent. When underdeveloped land is developed for residential
or other purposes, it often creates a need for additional transportation,
water, sewage and stormwater facilities as well as parks, playgrounds
and land for athletic facilities, public libraries and other public
facilities. Without the generation of new revenue sources, municipalities
often must choose between the foregoing needed public facilities or
imposing higher property taxes. The imposition of impact fees has
become an increasingly important source of local revenue to pay for
public facilities. The State Legislature has adopted an Impact Fee
Law which helps communities raise funds to pay for new development
and maintain the current level of services. The 1993 Wisconsin Act
305 created W.S.A. § 66.55, now W.S.A § 66.0617,
which allows a municipality to enact an ordinance to impose impact
fees on certain developers in an effort for new development to pay
its fair share of municipal capital costs. Pursuant to the authority
granted to the City of Hudson by W.S.A. § 66.0617, the Common
Council hereby enacts this section to enable it to impose impact fees
on developers to pay for the capital costs that are necessary to accommodate
land development and to maintain current levels of service to those
developing areas of the City of Hudson.
B.
Public facilities needs assessments. In accordance with W.S.A. § 66.0617(4),
the City of Hudson has prepared needs assessments for the public facilities
for which it is anticipated that impact fees may be imposed.
C.
Definitions. The definitions set forth in W.S.A. § 66.0617(1),
and any amendments thereto, are hereby incorporated and made a part
of this section as is fully set forth herein.
D.
Fees. Impact fees are hereby imposed by the Common Council upon any
person seeking to construct or create a land development as defined
in W.S.A. § 66.0617(1)(d) within the City of Hudson in accordance
with this section and W.S.A. § 66.0617.
E.
Standards for fees. Impact fees imposed under this section:
(1)
Shall bear a rational relationship to the need for new, expanded
or improved public facilities that are required to serve land development.
(2)
May not include amounts for an increase in service capacity greater
than the capacity necessary to serve the development for which the
fee is imposed.
(3)
May not exceed the proportionate share of the capital costs that
are required to serve land development as compared to existing land
uses of land within the City of Hudson.
(4)
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded or improved public facilities.
(5)
Shall be reduced to compensate for other capital costs imposed by the City of Hudson with respect to land development to provide or pay for the public facilities for which the impact fees are imposed, including special assessments, special charges, land dedications or fees in lieu of land dedications, under W.S.A. Ch. 236, capital costs imposed under § 9-4 of the Municipal Code of the City of Hudson, or any other items of value.
(6)
Shall be reduced to compensate for moneys received from the federal
or state government specifically to provide or pay for the public
facilities for which the impact fees are imposed.
(7)
May not include amounts necessary to address existing deficiencies
in public facilities.
(8)
May not include expenses for operation and maintenance of a public
facility.
F.
Collection. Impact fees shall be imposed and collected as follows:
(1)
Water impact fees shall be imposed on all new connections to the
water system or connections that have a change in use that requires
a larger water meter. For connections with a change in use that requires
a larger water meter, the charge would be the difference between the
existing meter size and the required meter size as proposed for the
development.
(2)
Trunk storm sewer impact fees shall be imposed on all new development
within the City.
(3)
Trunk storm sewer impact fees for the Stageline District shall be
imposed on all new development within the Stageline District.
(4)
Impact fees will be collected by the Building Inspector at the time
of issuance of a building permit.
(5)
If the total amount of impact fees due for a development will be
more than $75,000, a developer may defer payment of the impact fees
for a period of four years from the date of issuance of the building
permit or until six months before the municipality incurs the costs
to construct, expand, or improve the public facilities related to
the development for which the fee was imposed, whichever is earlier.
If the developer elects to defer payment under this subsection, the
developer shall maintain in force a bond or irrevocable letter of
credit in the amount of the unpaid fees executed in the name of the
municipality. A developer may not defer payment of impact fees for
projects that have been previously approved.
(6)
At the time that the City collects impact fees, it will provide to
the developer an accounting of how the fees will be spent.
G.
Impact Fee Schedule. Impact fees are established as specified in
the Impact Fee Schedule. Water impact fees shall automatically increase
effective each January 1 by a percentage equal to the percentage increase
in the 20-City Construction Cost Index published by the Engineering
News Record over the most recent twelve-month period, unless the City,
by resolution, limits the fee increase to a lesser percentage rate.
H.
Land dedication.
(1)
When it is determined by the Park Board that a portion of a plat
or certified survey map is required by such future public park and
other recreational facilities, the developer may be required to reserve
such area for not more than three years, during which time the City
shall either acquire the property or release the reservation.
(2)
Where land has been required to be reserved pursuant to Subsection H(1) or when the developer owns other land that has been determined by the Plan Commission to be acceptable for park and recreation purposes, the developer may be required to dedicate such land as part of an impact fee payment.
(3)
Cash value of land to be dedicated shall be determined by the City
and developer based upon the full and fair market value of the land.
If the City and developer cannot agree on the full and fair market
value of the land, an appraisal board consisting of one appraiser
selected by the City at its own expense, one appraiser selected by
the developer at his/her expense and a third appraiser selected by
two other appraisers at City expense shall determine the value.
I.
Interest-bearing account. The City shall establish and maintain a
segregated interest-bearing account for revenues collected from each
impact fee. A separate accounting shall be maintained for water facilities,
trunk storm sewer facilities, and trunk storm sewer facilities for
the Stageline District. Such funds shall be accounted for separately
from other funds of the City. Impact fee revenues and interest earned
on impact fee revenues may be expended only for capital costs for
which the impact fees were imposed.
J.
Refund of fees. Any impact fees that are imposed and collected pursuant
to the provisions of this section and not expended or committed for
expenditure by the end of the calendar quarter immediately following
eight years from the date the impact fee was paid shall be refunded
to the payer of the fees for the property with respect to which the
impact fees were imposed.
K.
Fee review. The public facilities needs assessments and fee amounts
will be reviewed at least once every five years and modified, if necessary,
as a result of changing facility needs, inflation, revised cost estimates,
capital improvements, changes in other funding sources applicable
to public facility projects and other relevant factors and in accordance
with the standards for impact fees set forth in W.S.A. § 66.0617.
Any changes in the fee amounts would require a public hearing on the
proposed ordinance amendment in accordance with the procedures set
forth in W.S.A. § 66.0617.
L.
Appeal procedure.
(1)
A developer upon whom an impact fee is imposed may, within 15 days
of the imposition of the impact fee, contest the amount, collection
or use of the impact fee by filing a written request with the Common
Council specifying the basis upon which an appeal is taken.
(2)
Within 30 days of receiving a request for review by a developer,
the Common Council shall either place the matter on its next regular
scheduled meeting or schedule a special meeting of the Common Council
to hear the appeal of the developer.
