The purpose of this chapter is to promote the
public health, safety and general welfare of the community, and these
regulations are designed to lessen congestion in the streets and highways;
further the orderly layout and use of land; secure safety from fire,
panic and other dangers; provide adequate light and air; prevent the
overcrowding of land; avoid undue concentration of population; facilitate
adequate provision for transportation, water, sewerage, schools, parks,
playgrounds, and other public requirements; and facilitate the further
subdivision of larger tracts into smaller parcels of land. These regulations
are made with reasonable consideration, among other things, of the
character of the City with a view of conserving the value of the buildings
placed upon land, providing the best possible environment for human
habitation, and encouraging the most appropriate use of land throughout
the City.
As used in this chapter, the following terms
shall have the meanings indicated:
STREET
A way for vehicular traffic, other than an alley.
A.
Major streets and highways are those which are
primarily for fast or heavy traffic.
B.
Collector streets are those which carry traffic
from minor streets which are parallel to and adjacent to major streets
and highways and which provide access to abutting properties and protection
from through traffic.
C.
Minor streets are those which are used primarily
for access to the abutting properties.
D.
Marginal access streets are minor streets which
are parallel to and adjacent to major streets and highways and which
provide access to abutting properties and protection from through
traffic.
SUBDIVISION
A division of a lot, parcel or tract of land by the owner
thereof or his agent, for the purpose of sale or of building development,
where:
A.
The act of division creates five or more parcels
or building sites of 1 1/2 acres each or less in area; or
B.
Five or more parcels or building sites of 1 1/2
acres each or less in area are created by successive divisions within
a period of five years.
[Added 10-20-2020 by Ord. No. 7-20]
A. Dedication requirement. In order that adequate open spaces and sites
for public uses may be properly located and reserved and in order
that the cost of providing public areas, such as but not limited to
parks, recreation areas and public schools may be equitably apportioned
on the basis of additional need created by a certified survey or subdivision
development or residential development where a zoning permit is required
under § 300-90 to add dwelling units to a previously platted
lot or lots, each subdivider or developer shall be required to dedicate
land or pay fees in lieu of land for park or other public uses.
B. General design. In the design of a subdivision, land division, planned
unit development or certified survey, provision shall be made for
suitable sites of adequate area for schools, parks, playgrounds, open
spaces, drainageways and other public purposes. Such sites are to
be shown on the preliminary plat and final plat and shall comply with
the City of Jefferson Comprehensive Master Plan or components of said
Plan. Consideration shall be given to the preservation of scenic and
historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses,
watersheds, ravines and woodlands, prairie and wetlands, and plant
and animal communities.
C. Site reservations required.
(1) Where the area proposed to be divided contains a park, playground
or other public area which is shown upon the City of Jefferson Comprehensive
Master Plan, at the Common Council's determination such area
shall either be dedicated to the proper public agency or it shall
be reserved for acquisition thereby within a three-year period by
purchase or other means. If the land is not acquired during this period,
it shall be released to the subdivider.
(2) Whenever any river, stream or important surface drainage course is
located in the area being divided, the subdivider of land shall provide
an easement along each side of the river, stream or drainage course
for the purpose of widening, deepening, relocating, improving or protecting
the river, stream or drainage course for drainage or recreational
use.
D. Land dedication.
(1) Dedication of sites. Where feasible and compatible with the City
of Jefferson Comprehensive Master Plan, the subdivider shall provide
and dedicate to the public adequate land to provide for park, recreation,
school and open space needs of the land development within the City
of Jefferson. The location of such land to be dedicated shall be determined
by the Common Council. Where the dedication is not compatible with
the City of Jefferson Comprehensive Master Plan or for other reasons
is not feasible as recommended by the Plan Commission and as approved
by the Common Council, the subdivider shall, in lieu thereof, pay
to the City a fee as established by this chapter, or a combination
thereof.
(2) Dedication of parks, playgrounds, recreation, and open spaces. The
developer shall dedicate sufficient land area to provide adequate
park, playground, recreation, and open space to meet the needs to
be created by and to be provided for the land division, subdivision
or comprehensive development. The minimum dedication shall be 2,000
square feet per proposed dwelling unit.
(3) Unknown number of dwelling units. Where the plat, certified survey or condominium does not specify the number of dwelling units to be constructed, the land dedication shall be based upon the maximum number of units permitted by Chapter
300, Zoning.
(4) Minimum size of park and playground dedications.
(a)
In general, land reserved for recreation purposes shall have
an area of at least two acres. Where the amount of land to be dedicated
is less than two acres, the Common Council may require that the recreation
area be located at a suitable place on the edge of the proposed land
division, subdivision or certified survey so that additional land
may be added at such time that the adjacent land is subdivided. In
no case shall an area of less than one acre be reserved for recreational
purposes if it will be impractical or impossible to secure additional
lands to increase its area.
(b)
Land reserved for recreation purposes shall be of a character
and location suitable for use as a playground, play field or for other
recreation purposes and shall be relatively level and dry. A recreation
site shall have a total frontage on one or more streets of at least
200 feet, and no other dimension of the site shall be less than 200
feet.
(5) Fees in lieu of land.
(a)
Where in the sole discretion of the Common Council there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the City of Jefferson Comprehensive Master Plan or City of Jefferson Comprehensive Park and Outdoor Recreation Plan, the minimum size under Subsection
D(4) above cannot be met, or City officials determine that a cash contribution would better serve the public interest, the Common Council 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. A fee shall be paid as set by the Common Council in the City's Fee Schedule prior to issuance of a building permit.
(b)
The Common Council may in its sole discretion permit the subdivider
to satisfy the requirements of this chapter 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.
(c)
The City shall place any fee collected pursuant to the provisions
of this section in a separate account to be used at the discretion
of the Common Council in any community park, for developing adequate
parks, playgrounds, recreation and open spaces.
(d)
The fee in lieu of land shall be paid to the City of Jefferson
by the time the subdivision plat or certified survey map has been
approved by the Common Council.
(6) 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.
(7) Suitability of lands. The Common Council shall have sole authority
to determine the suitability and adequacy of parklands proposed for
dedication. Drainageways, wetlands, floodplain, or areas reserved
for infrastructure such as streets, utilities, or stormwater shall
not be considered as satisfying land dedication requirements.
(8) Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access.
(9) 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.
E. Reservation of additional land. When public parks and sites for other public areas as shown on the City of Jefferson Master Plan or Master Plan component lie within the proposed area for development and are greater in area than required by Subsection
D, the owner shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year of final plat approval unless extended by mutual agreement.
F. Development of park area.
(1) When parklands are dedicated to the City, 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 City Engineer; and
(c)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seed as specified by the City Engineer, fertilized with fertilizer
NPK 16-6-6 at a rate of seven pounds per 1,000 square feet, and mulched
as specified in the standard "Wisconsin DOT 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 Common Council.
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 City accepts the dedication.
(d)
The subdivider shall transfer to the City of Jefferson the dedicated
parklands by good and sufficient warranty deed free and clear of any
lien or encumbrance.
(2) It shall be the responsibility of the City to maintain the dedicated
areas upon their dedication and acceptance by the City.
(3) A neighborhood park area shall be provided by the subdivider with
a standard residential water service unless located directly adjacent
to a fire hydrant. A community park area shall 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.
(4) The Common Council may require certification of compliance by the
subdivider with this chapter. The cost of such report shall be paid
by the subdivider.
(5) If the subdivider fails to satisfy the requirements of this section,
the Common Council 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.
G. Recreation facilities improvement fees.
(1) The subdivider, developer or landowner shall pay a recreation facilities
improvement fee as set forth herein. "Recreation facilities" means
improvement of land for public parks, including grading, seeing and
landscaping, installation of utilities, construction of sidewalks,
purchase and installation of playground and other recreational equipment,
and construction or installation of restroom facilities on land intended
for public park purposes.
(2) This fee shall be additional to the requirement for parkland or fee
payment in lieu of dedication. A fee shall be paid as set by the Common
Council in the City's Fee Schedule prior to issuance of a building
permit.
(3) This feel shall be paid to the City of Jefferson at the time the
subdivision plat or certified survey map is approved by the Common
Council.
H. Waiver or modification.
(1) Upon recommendation of the Plan Commission and further, upon a finding
by the Common Council that a dedication of land and/or payment of
a fee pursuant of the terms of this section is not in the best interest
of the City of Jefferson, the dedication of land and/or payment of
a fee as set forth herein may be waived or modified by the Common
Council.
When in the judgment of the Plan Commission it would be inappropriate to apply literally a provision of this chapter because the subdivision is part of a planned residential development, as defined in Chapter
300, Zoning, § 300-17 of this Code, or is located outside the City, or because extraordinary hardship should result, it may waive or vary such provision, provided that the spirit and purpose of this chapter shall be observed and the public health, safety and interest secured, and provided that the requirement of filing and recording the plat or survey shall not be waived.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to penalty as provided in Chapter
1, Article
I of this Code. In addition, the remedies provided by §§ 236.30 and 236.31, Wis. Stats., shall be available to the City.