[HISTORY: Adopted by the Common Council of the City of Manawa at
time of adoption of Code (see Ch. 1, General Provisions, Art. I). Former Ch.
302, Subdivision of Land, adopted 10-18-1993 as Title 14,
Ch. 1 of the 1989 Code of Ordinances, is superseded upon adoption of this
chapter. Amendments noted where applicable.]
A.
Introduction. In accordance with the authority granted
by W.S.A. s 236.45 and for the purposes listed in W.S.A ss. 236.01 and 236.45,
the Common Council of the City of Manawa, Wisconsin, does hereby ordain as
follows:
(1)
The provisions of this chapter shall be held to be minimum
requirements adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the City of Manawa.
(2)
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote the
public health, safety, convenience and general welfare of the community. The
regulations are designed to lessen congestion in the highways and streets;
to foster the orderly layout and use of land; to secure safety from fire,
panic and other dangers; to provide adequate light and air, including access
to sunlight for solar collectors and to wind for wind energy systems; to discourage
overcrowding of the land; to protect the community's agriculture base;
to facilitate adequate provision for transportation, public water and sewerage,
schools, parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels. The regulations
are made with the reasonable consideration of, but not limited to, the present
character of the city and its environs, with the objectives of conserving
the value of the land and improvements placed thereon, providing the most
appropriate environment for human habitation, encouraging commerce and industry,
protecting farming and open spaces and providing for the most appropriate
use of land in the City of Manawa.
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(State law reference: W.S.A. c. 236.)
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It is not intended by this chapter to repeal, abrogate, annul, impair
or interfere with any existing easements, covenants, agreements, rules, regulations
or permits previously adopted or issued pursuant to law. However, where this
chapter imposes greater restrictions, the provisions of this chapter shall
govern.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of the City of Manawa and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin statutes.
This chapter shall be known as, referred to or cited as the "City of
Manawa Subdivision Chapter" or "City of Manawa Land Division and Subdivision
Chapter."
The following definitions shall be applicable in this chapter:
A special public way affording only secondary access to abutting
properties.
A street which provides for the movement of relatively heavy traffic
to, from or within the city. It has a secondary function of providing access
to abutting land.
An area of land within a subdivision that is entirely bounded by
a combination or combinations of streets, exterior boundary lines of the subdivision
and streams or water bodies.
A street used or intended to be used to carry traffic from minor
streets to the major system of arterial streets, including the principal entrance
streets to residential developments.
The Plan Commission created by the Common Council pursuant to W.S.A.
s. 62.23.
The developed plan, also called a "Master Plan," recommended by the
Plan Commission and adopted by the Council as an advisory plan pursuant to
W.S.A. s. 62.23, including proposals for future land use, transportation,
urban redevelopment and public facilities. Devices for the implementation
of these plans, such as zoning, Official Map, subdivision and platting ordinance
and capital improvement programs, shall also be considered a part of the Comprehensive
Plan.
A minor street closed at one end with a turnaround provided for vehicular
traffic.
Where the title or any part thereof is transferred by the execution
of a land contract, an option to purchase, an offer to purchase and acceptance,
a deed or a certified survey.
The area of land set aside or over or through which a liberty, privilege
or advantage in land, distinct from ownership of the land, is granted to the
public or some particular person or part of the public.
The unincorporated area within 1 1/2 miles of the city limits
of Manawa.
The final map, drawing or chart on which the subdivider's plan
of subdivision is presented for approval and which, if approved, will be submitted
to the County Register of Deeds.
A minor street auxiliary to and located on the side of an arterial
street for control of access and for service to the abutting development.
Any sanitary sewer, storm sewer, open channel, water main, roadway,
park, parkway, public access, sidewalk, pedestrianway, planting strip or other
facility for which the city may ultimately assume the responsibility for maintenance
and operation.
A street of little or no continuity designed to provide access to
abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other officially
approved means of access, occupied or intended to be occupied by a principal
structure or use and sufficient in size to meet the lot width, lot frontage,
lot area, yard, parking area and other open space provisions of this chapter
and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot, excluding
streets, and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot line coincident
with or parallel to the side lot line of the interior lot immediately to its
rear.
A lot having a pair of opposite lot lines along two more or less
parallel public streets and which is not a corner lot. On a through lot, both
street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building line.
A street used, or intended to be used, primarily for fast or heavy
through traffic.
A street used, or intended to be used, primarily for access to abutting
properties.
The division of land by the owner or subdivider resulting in the
creation of up to four parcels or building sites, any one of which is four
acres or less in size, or the division of a block, lot or outlot within a
recorded subdivision plat into not more than four parcels or building sites
without changing the exterior boundaries of said block, lot or outlot and
shall be accomplished by the use of a certified survey map prepared according
to W.S.A. s. 236.34.
Includes the plural as well as the singular and may mean either a
natural person, firm, association, partnership, private corporation, public
or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets, which is
intended for the convenience of pedestrians only; it may also provide public
right-of-way for utilities.
The map, drawing or chart on which the subdivider's plat of
subdivision is presented to the city for approval.
The preliminary plat map, drawing or chart indicating the proposed
layout of the subdivision to be submitted to the Plan Commission/Common Council
for their consideration as to compliance with the Comprehensive Development
Plan and these regulations along with required supporting data.
Contracts entered into between private parties or between private
parties and public bodies pursuant to W.S.A. s. 236.293, which constitute
a restriction on the use of all private or platted property within a subdivision
for the benefit of the public or property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair stability
of values.
The changing of the boundaries of a recorded subdivision plat or
part thereof.
Those lands within the following distances: 1,000 feet from the high-water
elevation of navigable lakes, ponds and flowages or 300 feet from the high-water
elevation of navigable streams or to the landward side of the floodplain,
whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing or
proposing to divide land resulting in a minor subdivision, subdivision or
replat.
The division of a lot, parcel or tract of land by the owners thereof,
or their agents, for the purpose of transfers of ownership or building development
where the act of division creates five or more parcels or building sites of
four acres each or less in area or where the act of division creates five
or more parcels or building sites by successive division within a period of
five years, whether done by the original owner or a successor owner.
An area where water is at, near or above the land surface long enough
to be capable of supporting aquatic or hydrophytic vegetation and which has
soils indicative of wet conditions. [W.S.A. s 23.32(1).]
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system, as directed
by W.S.A. s. 35.93 and c. 227, including subsequent amendments to those rules.
No person shall divide any land located within the jurisdictional limits
of these regulations which results in a subdivision, land division or a replat
as defined herein; no such subdivision, land division or replat shall be entitled
to record; and no street shall be laid out or improvements made to land without
compliance with all requirements of this chapter and the following:
A.
The provisions of W.S.A. c. 236 and s. 80.08.
B.
The rules of the Division of Health, Wisconsin Department
of Industry, Labor and Human Relations, contained in Wis. Adm. Code Chapter
H85 for subdivisions not served by public sewer.
C.
The rules of the Division of Highways, Wisconsin Department
of Transportation contained in Wis. Adm. Code Chapter HY 33 for subdivisions
which abut a state trunk highway or connecting street.
D.
The rules of the Wisconsin Department of Natural Resources
contained in the Wis. Adm. Code for Floodplain Management Program.
E.
Comprehensive plans or components of such plans prepared
by state, regional, county or municipal agencies duly adopted by the Common
Council.
F.
All applicable local and county regulations, including
zoning, sanitary, building and official mapping ordinances.
G.
The City of Manawa Master Plan, or components thereof,
and applicable ordinances of any city or village whose extraterritorial jurisdiction
extends into the city.
H.
All applicable rules contained in the Wisconsin Administrative
Code not listed in this section.
Jurisdiction of these regulations shall include all lands within the
corporate limits of the City of Manawa. The provisions of this chapter, as
they apply to divisions of tracts of land into less than five parcels, shall
not apply to:
Whenever a subdivision embraces all or any part of any street, drainageway
or other public way designated in said Comprehensive Plan or Official Map,
such part of such proposed public way shall be platted and dedicated by the
subdivider in the location and at the dimensions indicated on plan or map.
Lot divisions and subdivision lot sizes shall conform to the area and width requirements of Chapter 303, Zoning. In commercial and industrial districts, lotting shall be to widths and areas appropriate for the prescribed use and development contemplated.
All redivisions of platted lots within the corporate limits of the city
must be filed for approval with the Plan Commission, and if redivisions result
in the creation of four lots or less, they shall be recorded on a certified
survey map meeting all the requirements of W.S.A. s. 236.34. Where a redivision
of platted lots lies within a duly recorded subdivision plat and 5 or more
lots are created, a replat according to state statutes shall be required and
recorded.
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 the
sites necessary to serve the additional families may be most equitably apportioned
on the basis of the additional need created by the individual subdivision
development, the following provisions shall be applicable: Whenever a proposed
park or other public land, other than streets or drainageways, designated
in the Comprehensive Plan or on the Official Map of the city, is embraced,
all or in part, in a tract of land to be subdivided, these proposed public
lands shall be made a part of the plat and shall be reserved by the subdivider
for a period not to exceed two years unless extended by mutual agreement for
acquisition by the city.
An agreement shall be entered into with the subdivider, the city and
the Utilities relative to the installation of streets and utilities as hereinafter
provided. The agreement shall indicate sequential development of the entire
subdivision. Each sequence shall include all required improvements. The subdivider
shall enter into a contract with the city agreeing to install the required
improvements or show proof that improvements are being subcontracted. Any
contractors or subcontractors who are to be engaged in the construction of
street and utility improvements on dedicated street rights-of-way shall be
subject to the approval of the City Engineers and the Director of Public Works
for street work and utility work.
A.
Where, in the judgment of the Plan Commission, it would
be inappropriate to apply literally the provisions of this chapter because
of the proposed subdivision being located outside of the corporate limits
or because exceptional or undue hardship would result, the Plan Commission
shall recommend to the Council that it waive or modify any requirement to
the extent deemed just and proper. The final action and determination shall
be made by the Council.
B.
Such relief shall be granted without impairing the intent
and purpose of this chapter. A three-fourths vote of the entire membership
of the Plan Commission shall be required to recommend any modification of
this chapter, and reasons shall be entered in the minutes of the Commission,
a copy of which shall be forwarded to the Council for final action and determination.
A.
Suitability. No land shall be subdivided for residential
use which is held unsuitable for such use as recommended by the Plan Commission
to the Council for reason of flooding, inadequate drainage, adverse soil or
rock formation, unfavorable topography or any other feature likely to be harmful
to the health, safety or welfare of the future residents of the proposed subdivision
or of the community. The Plan Commission, in recommending the application
of the provisions of this section, shall, in writing, recite the particular
facts upon which it bases its conclusion that the land is not suitable for
residential use and afford the subdivider an opportunity to present evidence
regarding such unsuitability if he so desires. Thereafter, the Plan Commission
may affirm, modify or withdraw its recommendation of unsuitability.
B.
Existing flora. The subdivider shall make every effort
to protect and retain all existing trees, shrubbery, vines and grasses not
actually lying in public roadways, drainageways, building foundation sites,
private driveways, soil absorption waste disposal areas, paths and trails.
Such trees are to be protected and preserved during construction in accordance
with sound conservation practices, possibly including the preservation of
trees by well islands or retaining walls, whenever abutting grades are altered,
pursuant to a landscaping plan filed by the subdivider.
An assessor's plat made under W.S.A. s. 70.27, may be ordered by
the city at the expense of the owners and charged back to the owners by special
assessment.
Before filing a preliminary plat or certified survey, the subdivider
is encouraged to consult with the Plan Commission for advice regarding general
subdivision requirements. Information on meeting dates, agenda deadlines and
filing requirements may be obtained from the City Clerk-Treasurer. The subdivider
shall also submit a location map showing the relationship of the proposed
subdivision to traffic arteries and existing community facilities. This consultation
is neither formal nor mandatory but it is intended to inform the subdivider
of the purpose and objectives of these regulations, the Comprehensive Plan,
Comprehensive Plan components and duly adopted plan implementation devices
of the city and to otherwise assist the subdivider in planning his development.
In so doing, both the subdivider and planning agency may reach mutual conclusions
regarding the general program and objectives of the proposed development and
its possible effects on the neighborhood and community. The subdivider will
gain a better understanding of the subsequent required procedures.
A.
Submission. Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The subdivider shall submit 12 copies of the preliminary plat. The preliminary
plat shall be prepared in accordance with this chapter, and the subdivider
shall file copies of the plat and the application as required by this section
with the City Clerk-Treasurer at least 15 days prior to the meeting of the
Plan Commission at which action is desired. The City Clerk-Treasurer shall
submit a copy of the preliminary plat to the Plan Commission and to the City
Engineer for review and written report of his recommendations and reactions
to the proposed plat.
B.
The preliminary plat should cover the entire area owned
by the subdivider even though only a small portion is proposed for development
at the time. The Plan Commission may waive this requirement where it is unnecessary
to fulfill the purpose of this chapter and undue hardship would result from
strict application thereof.
C.
Following review of the preliminary plat and other material
submitted for conformity with all ordinances, administrative rules and regulations,
negotiations with the subdivider on changes deemed advisable, and the kind
and extent of public improvements which will be required, the Plan Commission
and the Council shall, within 90 days of filing of the plat, approve, approve
conditionally or reject the plat. Failure of the Plan Commission and the Council
to act within the 90 days, unless the time is extended by agreement with the
subdivider, shall constitute an approval of the preliminary plat.
D.
In the event that the plat is approved conditionally
or rejected, the Council shall state in writing any conditions of approval
or reasons for rejection.
A.
The final plat, a written application for approval, and
such copies thereof as shall be required shall be submitted to the Clerk-Treasurer
within six months of approval of the preliminary plat and at least 15 days
prior to the meeting of the Plan Commission at which action is desired. The
Council may, however, waive compliance within the six-month time limit, which
may be extended by mutual agreement with the subdivider.
B.
The subdivider shall not submit the final plat until
approval of the Department of Development or other state departments, as required
by W.S.A. s. 236.12, shall have first been obtained. The Plan Commission shall
refer the final plat with its recommendation to the 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 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 forwarded to the subdivider.
C.
The final plat may constitute only that portion of the
approved preliminary plat which the subdivider purposes to record at that
time.
D.
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.
When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the city, the subdivider shall proceed as specified in §§ 302-16 through 302-18 of this chapter except:
A.
Transmittal responsibility lies with the Clerk-Treasurer,
Town Clerk or to whomever the plat is first submitted, and the subdivider
shall indicate which one in his application.
B.
Approval agencies include the Council, the Town Board and as listed in § 302-6 of this chapter. The subdivider must comply with the land division regulations of these agencies.
C.
Subdivider may proceed with the installation of such
improvements and under such regulations as the Town Board of the town within
whose limits the plat lies may require. Wherever connection to any city utility
is desired, permission for such connection shall require Council approval.
When it is proposed to replat a recorded subdivision, or part thereof,
so as to change the boundaries of a recorded subdivision, or part thereof,
the subdivider or person wishing to replat shall vacate or alter the recorded
plat as provided in W.S.A. ss. 236.36 through 236.44.
A.
Initial procedure. When it is proposed to divide land
into not more than four parcels or building sites, any one of which is less
than four acres in size, or when it is proposed to divide a block, lot or
outlot into not more than four parcels or building sites within a recorded
subdivision plat without changing the boundaries of said block, lot or outlot,
the subdivider shall subdivide by use of a certified survey map in accordance
with this chapter and shall file an adequate number of copies of the map and
the letter of application with the Clerk-Treasurer at least 15 days prior
to the meeting of the Plan Commission at which action is desired.
B.
Transmittal of copies. The Clerk-Treasurer shall, within
two days after filing, transmit the copies of the map and letter of application
to the Chairman of the Plan Commission.
C.
Review. The Chairman of the Plan Commission shall transmit
copies of the map to the members of the Plan Commission and shall also furnish
each affected city board, commission or department with a copy of the map
for their review and recommendations concerning matters within their jurisdiction.
Their recommendations shall be transmitted to the Plan Commission within 10
days from the date the map is filed. The map shall be reviewed by the Plan
Commission for conformance with this chapter and all ordinances, rules, regulations
and Comprehensive Plans which affect it. The Plan Commission shall refer the
certified survey map with its recommendation to the Council within 30 days
from the date of filing of the map. The Council shall approve or reject the
certified survey map within 60 days of its submission to the Clerk-Treasurer
unless the time is extended by mutual agreement with the subdivider. Reasons
for rejection shall be stated in the minutes of the Council meeting and a
copy forwarded to the subdivider. If the map is approved, the Clerk-Treasurer
shall so certify on the original map and return the map to the subdivider.
D.
Recordation. The subdivider shall record the map with
the County Register of Deeds within 30 days of its approval by the Council.
E.
Copies. The subdivider shall file five copies of the
recorded certified survey map with the Clerk-Treasurer for distribution to
the Director of Public Works, Building Inspector, Utility, Assessor and other
affected departments for their files.
A.
General. A preliminary plat shall be required for all
subdivisions and shall be based upon a boundary survey by a registered land
surveyor and shall be prepared on reproducing paper of good quality at a scale
of not more than 100 feet to the inch and shall show correctly on its face
the following information:
(1)
The title under which the proposed subdivision is to
be recorded, and the proposed plat shall be clearly marked "preliminary plat."
(2)
The location of proposed subdivision by government lot,
quarter section, section, township, range, county and state.
(3)
Date, scale and North arrow.
(4)
Names and addresses of the owner, subdivider and land
surveyor preparing the plat.
(5)
Entire area contiguous to the proposed plat owned or
controlled by the subdivider shall be included on the preliminary plat even
though only a portion of said area is proposed for immediate development.
The Plan Commission may waive this requirement where it is unnecessary to
fulfill the purposes and intent of this chapter and undue hardship would result
from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Water elevations of adjoining lakes and streams at the
date of the survey and approximate high and low water elevations, all referred
to United States Geological Survey USGS datum.
(2)
Location, right-of-way width and names of all existing
streets, alleys or other public ways, easements, railroad and utility rights-of-way
and all section and quarter section lines within the exterior boundaries of
the plat or immediately adjacent thereto.
(3)
Location and names of any adjacent subdivisions, parks
and cemeteries, and owners of record of abutting unplatted lands.
(4)
Type, width and elevation of any existing street pavements
within the exterior boundaries of the plat or immediately adjacent thereto,
together with any legally established center line elevations, all to USGS
datum.
(5)
Location, size and invert elevation of any existing sanitary
or storm sewers, culverts and drain pipes, the location of manholes, catch
basins, hydrants, 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, the nearest such sewer or water mains
which might be extended to serve the tract shall be indicated by their direction
and distance from the tract, size and invert elevations.
(6)
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 within 50 feet of the tract.
(7)
Location, width and names of all proposed streets and
public rights-of-way such as alleys and easements.
(8)
Dimensions and approximate square feet of all lots, together
with proposed lot and block numbers.
(9)
Location and dimensions of any sites to be reserved or
dedicated for parks, playgrounds, drainageways or other public use or which
are to be used for group housing, shopping centers, church sites or other
nonpublic uses not requiring lotting.
(10)
Radii of all curves.
(11)
Existing zoning on and adjacent to the proposed subdivision
when the plat is located within the extraterritorial plat approval jurisdiction
of the city.
(12)
Corporate limits lines.
(13)
Stream access with a small drawing clearly indicating
the location of the proposed subdivision in relation to the access.
(14)
Any proposed lake and stream improvement or relocation.
C.
Street plans and profiles. Proposed and established street
grades, including extensions for a reasonable distance beyond the limits of
the proposed subdivision, may be requested. All elevations shall be based
upon USGS datum, and plans and profiles shall meet the approval of the Director
of Public Works.
D.
Testing. The Director of Public Works 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 public sanitary sewer service,
the regulations of the Department of Commerce shall be complied with, and
the appropriate data submitted with the preliminary plat.
E.
Covenants. The Plan Commission may require submission
of a draft of protective covenants whereby the subdivider intends to regulate
land use in the proposed subdivision and otherwise protect the proposed development.
F.
Affidavit. The surveyor preparing the preliminary plat
shall certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that he has fully complied
with the provisions of this chapter.
A.
Plan Commission Recommendation.
(1)
After review of the preliminary plat or certified survey
map and negotiations with the subdivider on changes and the kind and extent
of public improvements which will be required, the Plan Commission shall recommend
to the Common Council disapproval, approval or conditional approval of the
preliminary plat or certified survey within 40 days of the filing date. [Note:
W.S.A. s. 236.11(1)(a) states that extensions of time or a decision to hold
a matter in abeyance may only be made by agreement of the subdivider and Common
Council, not the Plan Commission.]
(2)
The City Clerk-Treasurer shall give notice of the Plan
Commission's review of the preliminary plat or certified survey by listing
it as an agenda item in the Commission's meeting notice published in
the official city newspaper. The notice shall include the name of the applicant,
the address of the property in question and the requested action.
B.
Council review; public hearing. The City Clerk-Treasurer
shall schedule a public hearing on the preliminary plat before the Common
Council. The City Clerk-Treasurer shall give notice of the Common Council's
review and public hearing on the preliminary plat or certified survey by listing
it as an agenda item in the Council's meeting notice published in the
official city newspaper. The notice shall include the name of the applicant,
the address of the property in question and the requested action. Property
owners within 200 feet of the proposed land division shall receive written
notice of the public hearing.
C.
Council action. After receipt of the Plan Commission's
recommendation, the Common Council shall, within 90 days of the date the plat
was filed with the City Clerk-Treasurer, approve, approve conditionally or
reject such plat or survey map and shall state, in writing, any conditions
of approval or reasons for rejection, unless the time is extended by agreement
with the subdivider. Failure of the Common Council to act within 90 days or
extension thereof shall constitute an approval of the preliminary plat, unless
other authorized agencies object to the plat. The City Clerk-Treasurer shall
communicate to the subdivider the action of the Common Council. If the plat
or map is approved, the City Clerk -Treasurer shall endorse it for the Common
Council.
D.
Effect of preliminary plat approval. Approval or conditional
approval of a preliminary plat shall not constitute automatic approval of
the final plat, except that if the final plat is submitted within six months
of preliminary plat approval and conforms substantially to the preliminary
plat layout, the final plat shall be entitled to approval with respect to
such layout. The preliminary plat shall be deemed an expression of approval
or conditional approval of the layout submitted as a guide to the preparation
of the final plat, which will be subject to further consideration by the Plan
Commission and Common Council at the time of its submission.
E.
Preliminary plat amendment. Should the subdivider desire
to amend the preliminary plat as approved, he may resubmit the amended plat
which shall follow the same procedure, except for the fee, unless the amendment
is, in the opinion of the Common council, of such scope as to constitute a
new plat, in which such case it shall be refiled.
A.
General. A final plat prepared by a registered land surveyor
shall be required for all subdivisions. It shall comply in all respects with
the requirements of W.S.A. s. 236.20.
B.
Additional information. The plat shall show correctly
on its face, in addition to the information required by W.S.A. s. 236.20,
the following:
C.
Certificates. All final plats shall provide all the certificates
required by W.S.A. s 236.21, and, in addition, the surveyor shall certify
that he has fully complied with all the provisions of this chapter.
A.
General. A certified survey map prepared by a registered
land surveyor shall be required for all minor subdivisions. It shall comply
in all respects with the requirements of W.S.A. s. 236.34. In addition, all
certified survey maps shall be referred to the City Engineers and the Director
of Public Works prior to Plan Commission action.
B.
Additional information. The map shall show correctly
on its face, in addition to the information required by W.S.A. s. 236.34,
the following:
C.
Certificates. The surveyor shall certify on the face
of the map that he has fully complied with all the provisions of this chapter.
The Clerk-Treasurer, after a recommendation by the reviewing agencies, shall
certify the approval of the Council on the map. Dedication of streets and
other public areas shall require, in addition, the owner's certificate
and the mortgagee's certificate in substantially the same form as required
by W.S.A. s. 236.21(2)(a).
D.
Recordation. The certified survey map shall be recorded
with the County Register of Deeds after the certificates of the Council and
the surveyor are placed on the map.
A.
Street arrangement. In any new subdivision, the street
layout shall be developed and located in proper relation to existing and proposed
streets, to the topography, to economical utility service, to such natural
features as streams and tree growth, to public convenience and safety, and
to the proposed use of the land to be served by such streets. The arrangement,
width, grade and locations of all streets shall conform to the Official Map.
All surface drainage of water shall be considered and shown on the proposed
street courses.
(1)
Major streets and highways (arterial 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 or as platted streets with which they are to connect.
(2)
Collector streets shall be properly arranged so as to
provide ready collection of traffic from residential areas and convey this
traffic to the major street and highway system and shall be properly related
to special traffic generating from facilities such as schools, churches and
shopping centers, to population concentrations and to the major streets into
which they feed.
(3)
Minor streets shall be arranged to conform to the topography,
to discourage use by through traffic, to permit the design of efficient drainage
and sewer systems and to require the minimum amount of street necessary to
provide convenient and safe access to abutting property.
(4)
Proposed streets shall extend to the boundary lines of
the tract being subdivided unless prevented by topography or other physical
conditions or unless, in the opinion of the Plan Commission, such extension
is not necessary or desirable for the coordination of the layout of the subdivision
or for the advantageous development of the adjacent tracts.
(5)
Major street and highway protection. Whenever the proposed
subdivision contains or is adjacent to a major street or highway, adequate
protection of residential properties, limitation of access and separation
of through and local traffic shall be provided by reversed frontage (with
the backs of lots abutting the major street), with screen planting contained
in a nonaccess reservation along the rear property line or by the use of frontage
streets.
(6)
Streams or lakeshores shall have 60 feet of public access
platted to the low water mark at intervals of not more than 1/2 mile as required
by W.S.A. s. 236.16(3) and (4).
(7)
Reserve strips shall not be provided on any plat to control
access to streets or alleys, except where control of such strips is placed
with the city under conditions approved by the Plan Commission.
(8)
Alleys shall be provided in commercial and industrial
districts for off-street loading and service access unless otherwise required
by the Plan Commission, but shall not be approved in residential districts.
Dead-end alleys shall not be approved, and alleys shall not connect to a major
thoroughfare. Alleys shall be not less than 24 feet in width.
(9)
Street names shall not duplicate or be similar to existing
street names, and existing street names shall be projected wherever possible.
B.
Treatment of railroad rights-of-way or limited access
highways. 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. Location of minor streets immediately adjacent and parallel
to railroad rights-of-way shall be avoided.
C.
Protection of major streets and highways where a subdivision
borders on or contains a major street or highway. The Plan Commission may
require that marginal access streets be provided, or that the backs of lots
(reversed frontage) be provided, with a screen planting strip at least 30
feet in depth contained in a nonaccess reservation along the rear property
line. The following restriction shall be lettered on the face of the plat:
"This strip reserved for the planting of trees and shrubs, the building of
structures hereon prohibited."
D.
Intersections. Streets shall intersect within 15°
of perpendicular to each other to be as nearly as possible at right angles
as good design and topography permit. Not more than two streets shall intersect
at one point unless approved by the Plan Commission. Street jogs with center
line offsets of less than 125 feet shall be avoided. Where streets intersect
major streets, their alignment shall be continuous.
E.
Street design standards.
(1)
Street dimensions The right-of-way and roadway of all
streets shall be the width specified on the Official Map or Plan or, if no
width is specified there, they shall be not less than the width specified
as follows:
(a)
Urban section.
|
Type of Street
|
Right-of-Way Width to be Dedicated
(feet)
|
Pavement Width
(Face of Curb to Face of Curb)
(feet)
| |
|---|---|---|---|
|
Major streets
|
80
|
44 to 52*
| |
|
Collector streets
|
66
|
40 to 44*
| |
|
Minor streets
|
60
|
36
| |
|
Culs-de-sac
|
60
|
36
| |
|
Alleys
|
24
|
20
| |
|
Pedestrianways
|
10
|
5
| |
|
*NOTE: The Field Committee shall establish definite pavement widths.
| |||
(b)
Rural section.
|
Pavement Width
| ||||
|---|---|---|---|---|
|
Type of Street
|
Right-of-Way Width to be Dedicated
(feet)
|
Surface
(feet)
|
Shoulder
(feet)
| |
|
Major streets
|
80
|
24
|
10
| |
|
Collector streets
|
66
|
22
|
8
| |
|
Minor streets
|
60
|
20
|
5
| |
|
Culs-de-sac
|
60
|
18
|
3
| |
(2)
Grades. The grade of major and collector streets shall
not exceed 6% unless necessitated by exceptional topography and approved by
the Department of Public Works. The grade of any street shall in no case exceed
10% or be less than 0.15%.
(3)
Alignment and visibility. Clear visibility, measured
along the center line, shall be provided for at least 300 feet on major streets,
200 feet on collector streets and 100 feet on minor streets.
(4)
Radii of curvature. When a continuous street center line
deflects at any one point more than five degrees, a circular curve shall be
introduced having a radius of curvature on the center line of not less than
the following:
(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. The platting of half-streets
should be avoided where possible.
(6)
Culs-de-sac or dead-end streets. Streets designed to
have one end permanently closed shall not exceed 750 feet in length and shall
terminate with a turnaround of not less than 100 feet in diameter of right-of-way
and minimum outside curb radius of 40 feet.
F.
Easements.
(1)
Easements of widths deemed adequate by the Plan Commission
for the intended purpose across lots or on rear or side lot lines shall be
provided where necessary for the construction and maintenance of telephone,
electric, gas, water, sanitary sewer, storm sewer, cable television and other
utilities. Such easements shall be noted as "utility easement" on the final
plat or certified survey map. Prior to approval of the final plat or certified
survey map, the concurrence of the utility companies serving the area as to
the location and width of the utility easements shall be noted on the final
plat or certified survey map.
(2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, an adequate drainageway or easement shall be provided as
required by the Plan Commission, conforming substantially with the lines of
such watercourse. The location, width, alignment and improvement of such drainageway
or easement shall be subject to approval of the Plan Commission.
G.
Blocks. The lengths, widths and shapes of blocks shall
be compatible to the planned use of the land and the type of development contemplated.
Block lengths in residential areas shall not, as a general rule, exceed 1,500
feet nor be less than 400 feet between street lines unless waived by the Plan
Commission.
H.
Pedestrian ways or crosswalks. Pedestrianways or crosswalks
not less than 10 feet in width shall be required by the Plan Commission near
the center and entirely across any block 900 feet or more in length where
deemed essential to provide adequate pedestrian circulation or access to schools,
playgrounds, shopping centers, churches or transportation facilities.
I.
Utility lines.
(1)
Overhead utility lines. All utility lines for electric
power, community antenna television and telephone service shall be placed
in rear lot line easements when carried on overhead poles unless directed
otherwise by the Manager of the Utility and approved by the Plan Commission.
(2)
Underground utility lines. Lines shall be underground
in newly platted areas.
(a)
All new electric distribution lines (excluding lines
of 15,000 volts or more), all new telephone lines from which lots are individually
served, all new telegraph lines and community antenna television cables and
services, installed within a newly platted area, mobile home park or planned
development, shall be underground unless the Plan Commission shall specifically
find after study that:
[1]
The placing of such facilities underground would not
be compatible with the planned development;
[2]
Location, topography, soil, stands of trees or other
physical conditions would make underground installation unreasonable or impracticable;
or
[3]
The lots to be served by said facilities can be served
directly from existing overhead facilities.
(b)
Associated equipment and facilities which are appurtenant
to underground electric and communications systems such as, but not limited
to, substations, pad-mounted transformers, pad-mounted sectionalizing switches
and above-grade pedestal-mounted terminal boxes may be located above ground.
(c)
The subdivider or his agent shall furnish proof to the
Plan Commission that such arrangements as may be required under applicable
rates and rules have been made with the owner or owners of such lines or services
for placing their respective facilities underground as required by this section
as a condition precedent to approval of the final plat or certified survey
map.
(d)
Temporary overhead facilities may be installed to serve a construction site or where necessary because of severe weather conditions. In the latter case, within a reasonable time, not to exceed one year, after weather conditions have moderated, such temporary facilities shall be removed subject to any exceptions permitted by the Plan Commission under Subsection I(2)(a)[1], [2] and [3] above.
[1]
Where the electric and communications facilities are
to be installed underground, the utility easements shall be graded to within
six inches of final grade by the subdivider, prior to the installation of
such facilities, and earth fill, piles or mounds of dirt shall not be stored
on such easement areas.
[2]
Where the electric and/or communications facilities are
to be installed underground, a note shall be placed on the final plat or certified
survey map stating that the final grade established by the subdivider on the
utility easements shall not be altered by more than six inches by the subdivider,
his agent, or by subsequent owners of the lots on which such utility easements
are located, except with written consent of the utility or utilities involved.
(3)
Lines to be underground in existing plats. Utility lines and services of the kind heretofore described in Subsection I(2)(a) above constructed in an area which was platted prior to the effective date of this provision and in which such lines and services have not previously been installed, shall also be placed underground, subject to the applicable provisions of Subsection I(2) above.
(4)
Streetlighting. In a newly platted area, the subdivider
shall coordinate the installation of all streetlights within the area being
developed with the electric utility serving the subdivision and as approved
by the Field Committee.
J.
Lots. 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. The lots should be designed to provide an aesthetically
pleasing building site and a proper architectural setting for the buildings
contemplated.
(1)
Side lot lines. Side lot lines should be at right angles
to straight street lines or radial to curved street lines on which the lots
face. Lot lines should follow municipal boundary lines rather than cross them.
(2)
Double frontage and reverse frontage lots. Double frontage
and reverse frontage lots shall be prohibited except where necessary to provide
separation of residential development from through traffic or to overcome
specific disadvantages of topography and orientation.
(3)
Access. Every lot shall front or abut for a distance
of at least 30 feet on a public street.
(4)
Area and dimensions. Lots shall conform to the requirements of Chapter 303, Zoning, and in areas not served by public sewer shall, in addition, conform to the requirements of the State Department of Commerce concerning private sewage disposals systems. Whenever a tract is subdivided into large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this chapter.
A.
Streets. After the installation of temporary block corner
monuments and all underground facilities by the subdivider, and after the
street grades have been established by the subdivider and submitted to the
Director of Public Works for approval, streets shall be constructed by the
subdivider or by a contractor working for the city in accordance with the
following standards:
(1)
Grading and graveling. The subdivider shall grade the
full width of the right-of-way of all streets to be dedicated in accordance
with plans and standard specifications approved by the Director of Public
Works. The subdivider shall grade the pavement width to subgrade and surface
with up to nine inches of crushed aggregate base course. When poor subgrade
soils are encountered, the subdivider or developer shall be responsible for
the excavation and replacement of the poor soils as approved by the Director
of Public Works.
(2)
Curbing and blacktopping. The year after the installation
of the crushed stone in the roadway, the subdivider shall apply the standard
six-inch curb and eighteen-inch gutter, and the city shall apply a full-width
bituminous surface at a completed depth of at least three inches, all in accordance
with plans and specifications as approved by the Director of Public Works.
In the event that the pavement width of any street exceeds 36 feet, the expense
of installing the crushed rock and blacktopping for the additional width shall
be paid by the city.
(3)
Special assessments. Special assessments for streets
constructed in accordance with these requirements may be levied or the subdivider,
at his option, may pay the cost directly.
B.
Public sanitary sewerage and private sewage disposal
systems.[1] The subdivider shall construct sanitary sewers in such a manner
as to make adequate sanitary sewerage service available to each lot within
the subdivision if the Council finds the plat feasible to serve. If public
sewer facilities are not available, the subdivider shall make provision for
adequate private sewage disposal systems as specified by the appropriate state,
county or city agencies that have jurisdiction. The Plan Commission may require
the installation of sewer laterals to the street lot line. If, at the time
of final platting, sanitary sewer facilities are not available to the plat,
but will become available within a period of five years from the date of plat
recording, the subdivider shall install or cause to be installed sanitary
sewers and sewer laterals to the street lot line in accordance with this section
and shall cap all laterals as may be specified by the Director of Public Works.
The size, type and installation of all sanitary sewers proposed to be constructed
shall be in accordance with plans and standard specifications approved by
the Director of Public Works. The subdivider shall assume the costs of installing
all sanitary sewers eight inches in diameter or less in size. If greater than
eight-inch diameter sewers are required to handle the contemplated sewage
flows, the cost of such larger sewers shall be prorated in proportion to the
ratio which the total area of the proposed plat is to the total drainage area
to be served by such larger sewer mains and the cost either borne by the city
or assessed against the total tributary drainage area.
C.
Public water supply facilities.[2]
(1)
The subdivider shall construct water mains in such a
manner as to make adequate water service available to each lot within the
subdivision. If municipal water service is not available, the subdivider shall
make provision for adequate private water systems as specified by the appropriate
state or city departments. The Field Committee shall require the installation
of water laterals to the street right-of-way line. The size, type and installation
of all public water mains proposed to be constructed shall be in accordance
with plans and standard specifications approved by the Manager of the Utility.
(2)
The subdivider shall assume the cost of installing all
water mains eight inches in diameter or less in size. If greater than eight-inch-diameter
water mains are required to handle the anticipated water needs of the area,
the cost of such larger water mains shall be prorated in proportion to the
ratio which the total area of the proposed plat is to the total area to be
served by such larger water mains and the cost either borne by the city or
assessed against the total area benefited.
D.
Public sanitary sewerage and public water supply facilities, unusual size required. In the event that any user/developer requires utility service larger than the requirements set forth in Subsections B and C, then the user/developer shall pay the cost of the next larger pipe size, and the city shall pay the cost of any larger pipe size if the City desires to put in a larger size sanitary sewer, water main or other construction larger than the next larger pipe size due to future development needs of the city.
E.
Other utilities. The subdivider shall cause gas, electrical
power, cable television and telephone facilities to be installed in such a
manner as to make adequate service available to each lot in the subdivision.
No such electrical or telephone service shall be located on overhead poles
along the front lot lines unless otherwise allowed due to exceptional topography
or other physical barrier. Plans by the utilities indicating the proposed
location of all gas, electrical power and telephone distribution and transmission
lines required to service the plat shall be approved by the Field Committee.
A.
Commencement. No construction or installation of improvements
shall commence in a proposed subdivision until the preliminary plat has been
approved.
B.
Building permits. No building permit shall be issued
for erection of a structure on any lot not of record until all the requirements
of this chapter have been met.
C.
Plans. The following plans and accompanying construction
specifications shall be required before authorization of construction or installation
of improvements:
(1)
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements as approved
by the Department of Public Works.
(2)
Sanitary sewer plans and profiles showing the locations,
grades, sizes, elevations and materials of required facilities as approved
by the Director of Public Works.
(3)
Storm sewer plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials of required facilities
as approved by the Department of Public Works.
(4)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities as approved by the
Director of Public Works.
(5)
Additional special plans or information as required.
D.
Inspection. The subdivider, prior to commencing any work
within the subdivision, shall make arrangements with the Director of Public
Works and/or the Building Inspector to provide for adequate inspection by
the city.
It shall be unlawful to build upon, divide, convey, record or monument
any land in violation of this chapter or the Wisconsin statutes; and no person
shall be issued a building permit by the city authorizing the building on,
or improvement of, any subdivision, minor subdivision or replat within the
jurisdiction of this chapter not of record as of the effective date of this
chapter and amendments thereto until the provisions and requirements of this
chapter have been fully met. The city may institute appropriate action or
proceedings to enjoin violations of this chapter or the applicable Wisconsin
statutes.
