[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as Ch. 18 of the 2002 Code. Amendments noted where applicable.]
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.
A. 
Any division of land within the City or its extraterritorial plat approval jurisdiction which results in a subdivision as defined herein shall be, and any other division may be, surveyed and a plat thereof approved and recorded as required by this chapter and Ch. 236 and § 66.0105, Wis. Stats.
B. 
Any division of land other than a subdivision within the City or its extraterritorial plat approval jurisdiction for which a plat has not been approved and recorded shall be surveyed and a certified survey map of such division approved and recorded as required by § 294-9.
C. 
The provisions of this chapter shall not apply to:
(1) 
Transfers of interests in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this chapter or other applicable laws or ordinances.
As used in this chapter, the following terms shall have the meanings indicated:
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
The unincorporated area within 1 1/2 miles of the corporate limits of the City.
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.
A. 
Preliminary consultation. Previous to filing a preliminary plat the subdivider may consult the Plan Commission and its staff for advice and assistance.
B. 
Preliminary plat.
(1) 
Before submitting a final plat for approval, the subdivider shall submit a preliminary plat and such copies thereof as shall be required to the City Clerk/Treasurer who shall forthwith forward the plat to the Plan Commission and shall forward copies thereof to the Supervisor of Plat Review in the Department of Administration as required by § 236.12, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
After review of the preliminary plat and negotiations with the subdivider on changes deemed advisable and the kind and extent of public improvements which will be required, the Plan Commission shall, within 90 days of its submission, approve, conditionally approve or reject the plat. The subdivider shall be notified in writing of any conditions of approval or the reasons for rejection.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Approval of the preliminary plat shall entitle the subdivider to final approval of the layout shown by such plat if the final plat conforms substantially to such layout and conditions of approval have been met.
C. 
Final plat.
(1) 
The final plat and such copies thereof as shall be required shall be submitted to the City Clerk/Treasurer within 24 months of approval of the preliminary plat. However, if approval of the preliminary plat must be obtained from another approving authority subsequent to approval by the Plan Commission, the final plat shall be submitted within 24 months of such approval. The Plan Commission may waive failure to comply with this requirement.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The City Clerk/Treasurer shall forthwith forward the plat to the Plan Commission and shall forward copies of the plat to the Supervisor of Plat Review in the Department of Administration as required by § 236.12, Wis. Stats. The Plan Commission shall refer the final plat with its recommendation to the Common Council within 30 days of its submission unless the time is extended by the Council. The Council shall approve or reject the final plat within 60 days of its submission to the City Clerk/Treasurer, unless the time is extended by 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 supplied the subdivider.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
If the original of the final plat has been filed with another approving authority, the subdivider may file a true copy of such plat in lieu of the original. However, before approval of the Council will be inscribed on the original of the final plat, the surveyor or the 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. 
Professional review. The City may retain the services of professional consultants (including planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the City's review of a proposal coming before the Plan Commission. The submittal of a development proposal application or petition by a petitioner shall be construed as an agreement to pay for such professional review services applicable to the proposal. The City may apply the charges for these services to the petitioner. The City may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until such fees are paid by the petitioner. Review fees which are applied to a petitioner, but which are not paid, may be assigned by the City as a special assessment to the subject property. The applicant/petitioner shall sign an agreement with the City agreeing with the aforementioned at the time of submission of the proposal.
E. 
Extraterritorial plat approval jurisdiction.
(1) 
Compliance required. No person, firm or corporation shall divide any land located within the extraterritorial plat approval jurisdiction of the City of Jefferson which shall result in a subdivision, minor land division or replat as defined herein without complying with the applicable provisions of Ch. 236, Wis. Stats., the provisions of this Subsection E and, to the fullest extent allowed by Ch. 236, Wis. Stats., the requirements of this chapter.
(2) 
Application required. When the land to be subdivided lies within the City's extraterritorial plat approval jurisdiction, the subdivider shall proceed as specified in this subsection.
(3) 
Extraterritorial land division requirements. No subdivision or minor land division within the City's extraterritorial plat approval jurisdiction shall be approved by the Plan Commission or the Common Council which does not satisfy each of the following requirements:
(a) 
Each subdivision or minor land division shall comply with the minimum lot size requirements set forth in § 294-5H of this chapter.
(b) 
No subdivision or minor land division shall be considered for approval which does not have the prior approval by the approving authorities for the town(s) and Jefferson County, where required by town and county ordinances or by the Wisconsin Statutes.
(c) 
The Plan Commission and/or Common Council may require placement of covenants or deed restrictions that are deemed necessary and appropriate to protect the purpose and intent of the City's Comprehensive Master Plan and this chapter. Any such restrictions or covenants shall be recorded.
(d) 
All subdivisions and minor land divisions shall be required to meet the design standards of § 294-5 and the required improvements of § 294-7 of this chapter, where applicable, unless town or county ordinances control.
(e) 
Each subdivision or minor land division shall comply with the provisions of this chapter.
A. 
General. The proposed subdivision shall conform to:
(1) 
The provisions of Ch. 236, Wis. Stats.
(2) 
The Comprehensive Master Plan.
(3) 
All applicable ordinances of the City.
(4) 
The Official Map.
(5) 
The rules of the State Department of Health and Family Services relating to lot size and lot elevation if the subdivision is not served by a public sewer and provision for such service has not been made.
(6) 
The rules of the State Highway Commission relating to safety of access and the preservation of the public interest and investment if the streets in the subdivision or any lot contained therein abuts on a state trunk highway or connecting street.
B. 
Streets.
(1) 
General considerations. The streets shall be designed and located in relation to existing and planned streets, to topographical conditions and natural terrain features, such as streams and existing tree growth, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
(2) 
Planned development street access. In any planned residential development each lot shall have such access to a public or private street as determined by the Plan Commission and approved on the plat thereof.
(3) 
Conform to Official Map. The arrangement, width, grade and location of all streets shall conform to the Official Map.
(4) 
Arrangement.
(a) 
Major streets shall be properly integrated with the existing and proposed system of major streets and highways.
(b) 
Collector streets shall properly related to the mass transit system, to special traffic generating facilities such as schools, churches and shopping centers, to population densities, and to the major streets into which they feed.
(c) 
Minor streets shall be laid out to conform as much as possible to topography, to discourage use by through traffic, to permit efficient drainage and sewer systems, and to require the minimum amount of street necessary to provide convenient, safe access to property.
(5) 
Railroad right-of-way or limited access highway. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Plan Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land as for park purposes in residential districts or for commercial or industrial purposes in other districts.
(6) 
Major streets. Where a subdivision borders on or contains an existing or proposed major street, the Plan Commission may require that marginal access streets be provided, that the backs of lots abut the major streets and be provided with screen planting contained in a non-access reservation along the rear property line, that deep lots with rear service alleys be provided or that other provisions be made for the adequate protection of residential properties and the separation of through and local traffic.
(7) 
Width. The right-of-way and roadway of all streets shall be of the width specified on the Official Map or Comprehensive Master Plan or, if no width is specified therein, they shall be not less than the width specified below:
(a) 
Major streets: right-of-way: 80 feet; roadway: 48 feet.
(b) 
Collector streets: right-of-way: 66 feet; roadway: 36 feet.
(c) 
Minor and marginal access streets: right-of-way: 60 feet; roadway: 30 feet.
(8) 
Grade. The grade of major and collector streets shall not exceed 6%, unless necessitated by exceptional topography and approved by the Plan Commission. The grade of all other streets shall not exceed 10%. The minimum grade of all streets shall be 0.3%.
(9) 
Horizontal curves. A minimum sight distance with clear visibility, measured along the center line, shall be provided of at least 300 feet on major streets, 200 feet for collector streets and 100 feet on minor streets.
(10) 
Vertical curves. All changes in street grades shall be connected by vertical curves of a minimum length equivalent to 15 times the algebraic difference in the rate of grade for major streets and collector streets and 1/2 of this minimum length for all other streets.
(11) 
Tangents. A tangent at least 100 feet long shall be introduced between reverse curves on major and collector streets.
(12) 
Street names. New street names shall not duplicate the names of existing streets, but streets that are continuations of others already in existence and named shall bear the name of the existing streets.
(13) 
Cul-de-sac or dead-end streets. Streets designed to have one end permanently closed shall not exceed 500 feet in length and shall terminate with a turnaround of not less than 100 feet in diameter of right-of-way and a roadway turnaround of 80 feet in diameter.
(14) 
Reserve strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Plan Commission
(15) 
Half streets. Where a half street is adjacent to the subdivision, the other half of the street shall be dedicated by the subdivider.
C. 
Intersections.
(1) 
Streets shall intersect as nearly as possible at right angles, and not more than two streets shall intersect at one point unless approved by the Plan Commission.
(2) 
Property lines at street intersections shall be rounded with a radius of 15 feet or of a greater radius where the Plan Commission considers it necessary.
(3) 
Street jogs with center-line offsets of less than 125 feet shall be avoided. Where streets intersect major streets their alignment shall be continuous.
D. 
Alleys.
(1) 
Alleys shall be provided in all commercial and industrial districts, except that the Plan Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading and parking consistent with and adequate for the uses proposed.
(2) 
Alleys shall not be approved in residential areas unless necessary because of topography or other exceptional circumstances.
(3) 
The width of alleys shall be not less than 24 feet.
(4) 
Dead-end alleys are prohibited except under very unusual circumstances, and crooked and "T" alleys shall be discouraged. Where dead-end alleys are unavoidable they shall be provided with adequate turnaround facilities at the dead end.
E. 
Easements.
(1) 
Easements across lots or centered on rear or side lot lines shall be provided for utilities where required by the Plan Commission and shall be at least 10 feet wide.
(2) 
Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose. Whenever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.
F. 
Blocks.
(1) 
The length, width and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 1,200 feet nor be less than 200 feet between street lines.
(2) 
Pedestrian crosswalks, not less than 10 feet wide, may be required by the Plan Commission through the center of blocks more than 900 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.
G. 
Lots.
(1) 
In general. The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(2) 
Lot dimensions. Lot dimensions shall conform to the requirements of Chapter 300, Zoning, § 300-24. No lot in a residential district shall have a minimum area of less than 66 feet at the building line and a minimum area of less than 8,000 square feet, except that lots in any planned residential development served by public sewer may have such width and area as provided in § 300-24D and as approved by the Plan Commission on the plat thereof, and further provided that the average density of land use as shown on such plat shall be no greater than permitted for the district in which the plat is located.
(a) 
Residential lots to be served by private sewage disposal facilities shall comply with the rules of the State Department of Health and Family Services.
(b) 
Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
(c) 
Residential lots, fronting on major streets and highways, should be platted with extra depth to permit generous distance between the buildings and such traffic ways.
(d) 
Excessive depth in relation to width shall be avoided. A proportion of 2:1 shall normally be considered as a desirable maximum for lot widths of 66 feet or more.
(3) 
Corner lots. Corner lots for residential use shall have extra width to permit full building setback of at least 20 feet from both streets or as required by Chapter 300, Zoning.
(4) 
Access to streets. Except in a planned residential development, each lot shall front or abut on a public street or, with the written approval of the Plan Commission, on a private street.
(5) 
Lots at right angles. Lots at right angles to each other should be avoided wherever possible, especially in residential areas.
(6) 
Lot lines. Side lot lines shall be substantially at right angles or radial to street lines.
(7) 
Large lots. In case a tract is subdivided into parcels containing one or more acres, such parcels shall be arranged to allow the resubdivision of any parcels into normal lots in accordance with the provisions of this chapter.
(8) 
Municipal boundaries. Lots shall follow municipal boundary lines whenever practicable, rather than cross them.
(9) 
Double frontage. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.
H. 
Minimum lot or parcel size for lots or parcels in the City’s extraterritorial plat approval jurisdiction. General regulations:
[Amended 5-6-2008 by Ord. No. 4-08]
(1) 
Preamble. The City of Jefferson has an inherent interest in maintaining the quality of land division and the orderly layout and use of land and preventing undue concentration of population using private sanitary systems and private wells, so as to protect the groundwater and the environment and to ensure the best possible environment for human occupation. The City is also interested in limiting the potential impact that future development in the extraterritorial areas will have on City-provided services, such as City parks, police services and streets. The City has an interest in promoting the wise use, conservation, protection and proper development of the extraterritorial area’s soil, water, wetland, woodland and wildlife resources and to attain a proper adjustment of land use and development to the supporting and sustaining of a natural resource base. The City’s interest is to further the ordinary layout and appropriate use of land and to provide adequate light and air and to prevent the overcrowding of land and to regulate and control urban sprawl and improve the quality of development. The City desires to preserve natural vegetation and cover and promote the natural beauty of the extraterritorial area. It is in the City’s interests to promote the goals and plans as set forth in the City’s Comprehensive Plan, which is incorporated by reference, including preserving quality agricultural lands for that purpose when located in an area designated for preservation. The City further seeks to provide the best possible environment for human habitation and by encouraging the most appropriate use of land throughout the City’s extraterritorial plat approval jurisdiction. The City further declares goals to insure that new development will not be detrimental to the physical, social and economic well-being of residents of the City, to direct new growth to those areas capable of providing a full range of urban services and facilities, to prevent scattered and noncontiguous development without discouraging new and desirable development and to discourage new developments in those areas that are premature in terms of planning and timing for the provision of adequate public services and facilities. Based upon the foregoing, it is necessary, in the interest of public health, safety and welfare, to establish minimum lot or parcel sizes for any lot or parcel in the City’s extraterritorial plat approval jurisdiction provided for in § 236.10, Wis. Stats.
(2) 
The minimum lot or parcel size for a lot or parcel to be used for residential purposes shall be one acre with a maximum density of one house per 35 acres. The minimum lot or parcel size for a lot or parcel to be used for a commercial, business or industrial use shall be 35 acres. In order to meet the minimum lot or parcel size requirements of this subsection, the lot or parcel shall be a single piece of contiguous land undivided by and excluding from area measurement any street, railroad right-of-way or navigable waterway.
(3) 
Nothing in this section shall be construed as to limit the minimum lot size of parcels existing or to be created within any Sanitary District, provided that such lots meet the minimum size requirements of the Sanitary District or Jefferson County, whichever shall be the most restrictive.
[Added 10-20-2020 by Ord. No. 7-20[1]]
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.
[1]
Editor's Note: Former § 294-6, Parks and open space, as amended, was repealed 11-21-2006 by Ord. No. 16-06.
A. 
The subdivision shall be monumented as required by § 236.15, Wis. Stats., which is hereby adopted by reference.
B. 
Utilities and trees.
(1) 
Light and telephone poles; easements. Poles for electric light or telephone lines shall be placed along rear lot lines wherever practicable. Easements at least 10 feet wide shall be set aside on the plat for these and for the other utilities.
(2) 
Trees. Trees of a type appropriate for the specific location shall be planted on both sides of every street, at such distances apart as approved by the City Forester.
C. 
Service laterals. Before construction of any new street in any subdivision where sewer or water mains have been installed and where the land abutting such street is subdivided into lots, or before expenditure by the City of funds for the improvement of the street for traffic movement, the Director of Public Works/Engineer shall order the installation of water, sewer and gas services to within seven feet of the property line abutting said street of each lot or parcel for which a building permit could be issued under the provisions of Chapter 300, Zoning. In the event the owner of any such lot or parcel shall fail to install such water, sewer or gas services within 10 days after written notice thereof from said Director of Public Works/Engineer, the Director of Public Works/Engineer shall cause the same to be installed and the cost thereof reported to the City Clerk/Treasurer, who shall spread the same on the next tax roll as a special charge against said lot or parcel.
D. 
Requirements. After submission of the preliminary plat, the subdivider shall provide engineering plans showing the layout and design standards for making and installing the following public improvements for each lot. Public improvements include, without limitation by enumeration, streets, curbs, gutters, sidewalks, sewer service, water service, electrical service, streetlights, and fire protection. The City Engineering Department shall provide the subdivider with the design standards and construction requirements for the foregoing public improvements.
E. 
Surety. Pursuant to § 236.13, Wis. Stats., the subdivider shall be responsible for all costs in making and installing any public improvements shown on the engineering plans, and approval of the final plat shall be contingent upon the subdivider executing a surety bond, irrevocable letter of credit, escrow account, or other security approved by the Council to insure that the subdivider will make those improvements within a reasonable time.
A. 
Preliminary consultation data. The following information shall be provided at the time of the preliminary consultation or upon filing the preliminary plat if no preliminary consultation is held:
(1) 
Information including data on existing covenants, land characteristics and available community facilities and utilities and information describing the subdivision proposal, such as number of residential lots, typical lot width and depth, price range, business area, playgrounds, park areas and other public areas, tree planting, proposed protective covenants and proposed utilities and street improvements.
(2) 
A location map showing the relationship of the proposed subdivision to existing community facilities which serve or influence it. Include development name and location; main traffic arteries; public transportation lines; shopping centers; elementary and high schools; parks and playgrounds; principal places of employment; other community features such as railroad stations, airports, hospitals and churches; title; scale; North arrow; and date.
(3) 
A sketch plan showing in simple sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey.
B. 
Preliminary plat.
(1) 
The preliminary plat shall be drawn with waterproof nonfading black ink or legibility drawn with pencil on tracing cloth, or tracing paper of good quality, at a scale of not more than 100 feet to an inch, and shall show correctly on its face:
(a) 
Date, scale and North point.
(b) 
The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Jefferson County.
(c) 
The name and address of the owner, the subdivider and the engineer or surveyor preparing the plat.
(d) 
Location of the subdivision by government lot, quarter-quarter section, section, township, range and county.
(e) 
A small-scale drawing of the section or government subdivision of the section in which the subdivision lies with the location of the subdivision indicated thereon.
(f) 
The exact length and bearing of the exterior boundaries of the subdivision.
(g) 
Location and names of adjacent subdivisions and the owners of adjoining parcels of nonsubdivided land.
(h) 
Zoning on and adjacent to the subdivision.
(i) 
Location, widths and names of all existing and platted streets, alleys, or other public ways and easements, railroads and utility rights-of-way, parks, cemeteries, watercourses, drainage ditches, permanent buildings, bridges and other pertinent data as determined by the Plan Commission.
(j) 
The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to some permanent established datum plane.
(k) 
If the subdivision borders a lake or stream, the distance and bearings of a meander line established not less than 20 feet back from the ordinary high mark of the lake or stream.
(l) 
Layout, width and approximate grade of all new streets and rights-of-way, such as alleys, highways, and easements for sewers, water mains, and other public utilities.
(m) 
Direction and distance to nearest water and sewer mains.
(n) 
Approximate dimensions of and areas of lots.
(o) 
Proposed building lines.
(p) 
Approximate radii of all curves and length of tangents.
(q) 
Approximate location and area of property proposed to be dedicated for public use or to be reserved by deed covenants for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation.
(r) 
Contours at vertical intervals of not more than five feet or at more frequent intervals if required by the Plan Commission for land of unusual topography.
C. 
Final plat.
(1) 
A final plat of subdivided land shall comply with the requirements of § 236.20, Wis. Stats., which is hereby adopted by reference.
(2) 
The affidavits and certificates required by Ch. 236, Wis. Stats., shall be lettered or printed legibly with black, durable ink or typed legibly with black ribbon on the final plat.
A. 
Procedure. The divider shall file a certified survey map with the Plan Commission, which shall within 90 days approve, approve conditionally, or reject the map. The divider shall be notified in writing of any conditions of approval or the reasons for rejection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Requirements.
(1) 
To the extent reasonably practicable the division shall comply with the provisions of this chapter relating to general requirements and design standards and required improvements.
(2) 
The survey shall be performed and the map prepared by a qualified surveyor.
(3) 
All corners shall be monumented in accordance with § 236.15(1)(c) and (d), Wis. Stats.
(4) 
The map shall be prepared in accordance with § 236.20(2)(a), (b), (c), (e), (f), (g), (h), (j), (k) and (1), Wis. Stats., on durable white paper 8 1/2 inches wide by 14 inches long. All lines shall be made with nonfading black ink at a scale of not more than 500 feet to an inch.
C. 
Certificates and affidavits.
(1) 
The map shall include the affidavit of the surveyor who surveyed and mapped the parcel, typed, lettered or reproduced legibly with nonfading black ink, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked and established in the United States Public Land Survey or some corner providing reference to a corner marked and established in the United States Public Land Survey. Such affidavit shall include the statement of the surveyor to the effect that he has fully complied with the requirements of this section.
(2) 
The certificate of approval of the Plan Commission shall be typed, lettered or reproduced legibly with nonfading black ink on the face of the map.
D. 
Map. The map shall be filed by the divider for recording with the Register of Deeds.
A. 
Where it is not practicable to require that a final plat of a subdivision created by successive divisions be filed in accordance with this chapter, the Common Council may, in lieu thereof, order an Assessor's plat to be made under § 70.27, Wis. Stats., and may assess the cost thereof as provided in such section, or to the subdivider.
B. 
Regardless of the type of plat filed, any such subdivision shall comply with all provisions of this chapter to the extent that they may reasonably be applied.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.