Village of Richfield, WI
Washington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
GENERAL REFERENCES
Definitions, generally — See § 1.12.
Stormwater management — See Ch. 57
Erosion control — See Ch. 58.

66.01 In general.

A. 
Authority of chapter provisions. The regulations of this chapter are adopted under the authority granted by Wis. Stats. §§ 61.35, 62.23, 66.0105, 236.02(5), 236.10(1)(b) and (2) and 236.45.
B. 
Purpose of chapter. The purpose of this chapter is to regulate and control the division of land within the limits of the Village and within the Village's extraterritorial jurisdiction in order to promote the public health, safety, morals, prosperity, aesthetics, and general welfare of the Village.
C. 
Intent of chapter. It is the general intent of this chapter to regulate the division of land so as to:
1. 
Obtain the wise use, conservation, protection, and proper development of the Village's soil, water, wetland, woodland, and wildlife resources and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base;
2. 
Lessen congestion in the streets and on the highways;
3. 
Further the orderly layout and appropriate use of land;
4. 
Provide for safety from fire, panic and other dangers;
5. 
Provide adequate light and air;
6. 
Facilitate adequate provision for housing, transportation, water supply, stormwater, wastewater, schools, parks, playgrounds, and other public facilities and services;
7. 
Secure safety from flooding, water pollution, disease and other hazards;
8. 
Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects;
9. 
Prevent and control erosion, sedimentation, and other pollution of surface and subsurface waters;
10. 
Preserve natural vegetation and cover and promote the natural beauty of the Village;
11. 
Restrict building sites on areas covered by poor soils or in other areas poorly suited for development;
12. 
Facilitate the further division of larger tracts into smaller parcels of land;
13. 
Ensure adequate legal description and proper survey monumentation of subdivided land;
14. 
Provide for the administration and enforcement of this chapter;
15. 
Provide penalties for its violation; and
16. 
Implement those Village, county, watershed, or regional comprehensive plans or their components adopted by the Village, and in general to facilitate enforcement of Village development standards as set forth in any plans, plan components, codes or ordinances adopted by the Village.
D. 
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ALLEY
A special public way affording only secondary access to abutting properties.
ARTERIAL STREET
An urban or rural street used, or intended to be used, primarily for fast or heavy inter-neighborhood or inter-community through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highways and parkways.
BUILDING SETBACK LINE
A line generally parallel to the street lot line and at a specified minimum distance from such lot line as set forth in the Village zoning ordinance and which delineates the street side of the buildable area of the lot or parcel.
COLLECTOR STREET
An urban street used, or intended to be used, to carry traffic from minor streets to arterial street systems, including the principal entrance streets to urban residential subdivisions.
COMMUNITY
An, incorporated municipality, or a group of adjacent towns and/or incorporated municipalities having common social, economic or physical interest or characteristics.
COMPREHENSIVE PLAN
An extensively developed plan, also called a master plan, adopted by the Village Plan Commission and certified to the Village Board pursuant to Wis. Stats. § 62.23, including proposals for future land use, transportation, redevelopment, utilities and public facilities. Devices for the implementation of such plans, such as zoning, official map, land division, and building codes or ordinances and capital improvement programs may also be considered a part of the comprehensive plan.
CONTIGUOUS LANDS
Lands not separated by streets, navigable streams or rivers, lakes, railroads or other physical barriers or ownerships.
COUNTY LAND USE and PARK DEPARTMENT
The agency of the county government in the county having land division plat review and approval authority.
CUL-DE-SAC STREET
A minor street closed at one end with a turnaround provided for the safe movement of motorized vehicles.
DETENTION BASIN
A stormwater pond or structure designed to provide temporary retention and control of stormwater runoff via a surface outlet.
DEVELOPER
Any person, firm, corporation, or any agent thereof, dividing or proposing to divide land resulting in a land division or replat.
DEVELOPMENT (RURAL)
Agricultural, residential, recreational, and other open space development at such concentrations and densities not requiring traditional urban services and facilities. Historically, in Southeastern Wisconsin, when residential development densities are less than 0.2 dwelling units per gross acre (or one dwelling unit per five acres), such traditional urban services are not required. Such rural development may be expected to result in minimum disturbance of the land and land cover, and therefore, less impact on the natural environment.
DEVELOPMENT (URBAN)
Residential, commercial, industrial, governmental, and institutional development in sufficient concentrations or densities to require a variety and high level of traditional urban services and facilities including, but not limited to: full-time or part-time municipal police and fire protection and community administration; additional public streets and highways; neighborhood parks and playgrounds; neighborhood schools; local libraries; public sanitary sewer facilities, public water supply facilities, and public solid waste removal; storm sewers; mass transit facilities; continual street maintenance; curbs, gutters, and sidewalks; streetlighting; and neighborhood convenience shopping. Such development may be expected to alter or require the altering of land and land cover and have a detrimental impact on the groundwater and surface water. Historically, in Southeastern Wisconsin, urban development occurs when residential development is concentrated in large areas at densities in excess of 0.2 dwelling units per gross acre (or one dwelling unit per five acres).
ENVIRONMENTAL CORRIDORS
Linear areas of the natural landscape containing concentrations of both land and water resources as defined and delineated by the Southeastern Wisconsin Regional Planning Commission. Such environmental corridors are a composite of the most important individual elements of the natural resource base and generally, have immeasurable environmental, ecological, and recreational value.
EXTRATERRITORIAL JURISDICTION
As applied to the Village, shall mean the unincorporated areas within 1 1/2 miles of the Village, and as applied to other cities and Villages shall mean the unincorporated area within 1 1/2 miles of a fourth class city or a Village and within three miles of all other cities which have established a land division control ordinance pursuant to Wis. Stats. § 236.02(5). Wisconsin Statutes § 66.0105 shall control determinations respecting overlapping extraterritorial jurisdictions.
FACE OF CURB
The vertical portion of the curb facing the pavement on a nonmountable curb. On mountable curbs, the curb face is computed to be at a point 12 inches from the outside edge of the curb.
FLOODLANDS
Those lands, including the floodplains, flood fringe, floodways, and channels, subject to inundation by the one-hundred-year recurrence interval flood or, where such data is not available, the maximum flood of record.
FRONTAGE STREET
A minor street auxiliary to and located adjacent to an arterial street and used to control access to the arterial street and to provide access and service to abutting properties.
HIGH GROUNDWATER ELEVATION
The highest elevation to which subsurface water rises. This may be evidenced by the actual presence of water during wet periods of the year, or by soil mottling during drier periods. The term "mottling" is a variation of soil colors. In soils with restricted internal drainage, gray, yellow, red, and brown colors are intermingled giving a multicolored effect.
HIGH WATER ELEVATION
The average annual high water level of a pond, stream, lake, flowage, or wetland referred to an established datum plane; or, where such elevation is not available, the elevation of the line up to which the presence of the water is so frequent as to leave a distinct mark by erosion, change in, or destruction of, vegetation or other easily recognized topographic, geologic, or vegetative characteristic.
INGRESS/EGRESS
Entry/exit.
LAND DIVISION
Any division of land which results in the creation of additional lots, parcels, or tracts of land.
LETTER OF CREDIT
A written letter engagement by a commercial bank made at the request of the developer whereby the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the letter of credit.
LOT
A parcel of land, whether acquired by one or more conveyances, having frontage on a public 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 space provisions of the Village zoning ordinance or this and other Village codes, chapters, and ordinances.
LOT, CORNER
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
LOT, DOUBLE-FRONTAGE
A lot which has opposite lot lines along two substantially parallel streets, and which is not a corner lot. Both street lines on a double-frontage lot shall be deemed street front lot lines but in the case of two or more contiguous double-frontage lots, there shall be a common front lot line.
MINOR STREET
A street used, or intended to be used, primarily for access to abutting properties.
MINOR LAND DIVISION
Any division of land not defined as a subdivision which results in one or more new parcels and the division of a block, lot or outlot within a recorded subdivision plat or recorded certified survey map, provided that areas previously dedicated to the public are not altered thereby.
MUNICIPALITY
An incorporated Village or city.
NAVIGABLE STREAM
Any stream capable of floating any boat, skiff, or canoe, of the shallowest draft used for recreational purposes at any time of the year.
OUTLOT
A parcel of land, other than a lot or block, so designated on the plat, but generally not of standard lot size which is used to convey or reservice parcels of land for purposes other than residential development and which may be either redivided into lots or combined with one or more other adjacent outlots or lots in adjacent land divisions in the future for the purpose of creating buildable lots.
PRELIMINARY PLAT
A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of official preliminary consideration.
PUBLIC WAY
Any public road, street, highway, walkway, drainageway, easement, or part thereof.
REPLAT
The changing of the exterior boundaries of a recorded land division or part thereof.
RETENTION BASIN
A stormwater pond or structure designed to provide temporary or permanent retention of storm runoff via evaporation or soil absorption.
SHORELANDS
Those lands, in the Village, lying within 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.
SOIL MAPPING UNIT
An area inscribed on the operational soil survey maps prepared by the U.S. Soil Conservation Service and designated by soil type, slope, and erosion factor.
SUBDIVISION
The division of land by the owners thereof, any successor in interest or any agent of either, where the act of division creates:
(1) 
Five or more parcels or building sites of 20 acres each or less in area; or
(2) 
Five or more parcels or building sites of 20 acres each or less by successive divisions within five years.
VILLAGE ENGINEER
The employee or contracted consultant who is designated to perform the duties and functions, as determined by the administrator or his/her designee.
WETLANDS
Those lands which are partially or wholly covered by marshland flora and generally covered with shallow standing water or lands which are wet and spongy due to a high water table.
WISCONSIN ADMINISTRATIVE CODE
The rules of administrative agencies having rule-making authority in the state, published in a looseleaf, continual revision system as directed by Wis. Stats. § 35.93 and Wis. Stats. ch. 227, including subsequent amendments to those rules.
E. 
Abrogation and greater restrictions. 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, however, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.
F. 
Interpretation of chapter provisions. 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 Village and shall not be deemed a limitation or repeal of any other power granted by statute.
G. 
Repeal. All other chapters or ordinances or parts of chapters, ordinances of the Village code inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.
H. 
Effective date. This chapter shall be effective after a public hearing, adoption by the Village Board, and publication or posting as provided by law.
I. 
Jurisdiction of chapter provisions. Jurisdiction of this chapter shall include all lands within the limits of the Village and within the Village's extraterritorial jurisdiction. 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; and
3. 
Sale or exchange of parcels of land between owners of adjourning property if additional lots are not thereby created, and the lots resulting are not reduced below the minimum sizes required by this chapter, the Village zoning ordinances, or other applicable laws, chapters, or ordinances.
J. 
Compliance with chapter provisions. No person shall divide any land located within the Village or within the Village's extraterritorial jurisdiction, which results in a subdivision, minor land division or a replat; no such subdivision, minor land division or replat shall be entitled to recording; and no street shall be laid out or physical improvements made to land without compliance with all requirements of this chapter and the following documents:
1. 
Wis. Stats. ch. 236;
2. 
Rules of the state department of commerce, chapter 83, regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made;
3. 
Rules of the state department of natural resources relating to water quality and wetland development;
4. 
Rules of the state department of transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the developer abuts on a state trunk highway or connecting street;
5. 
Duly adopted comprehensive plan or comprehensive plan component of the Village;
6. 
The Village flood and shoreland zoning ordinance; and
7. 
The Village's zoning regulations in chapter 70 and supplements and amendments thereto, and all other applicable Village codes, chapters and ordinances.
K. 
Dedication and reservation of lands.
1. 
Streets, highways, and drainageways. Whenever a tract of land to be divided within the Village encompasses all or any part of an arterial or collector street, drainageway, or other public way which has been designated on a Village, county, or regional comprehensive plan or comprehensive plan component adopted by the Village or county, such public way shall be made a part of the plat and dedicated or reserved by the developer in the locations and dimensions indicated on such plan or map and as set forth in section 66.06 of this chapter.
2. 
Public sites. Whenever a tract of land to be divided within the Village encompasses all or any part of a public site which has been designated on a Village, county, or regional comprehensive plan or comprehensive plan component adopted by the Village or county, such public site shall be made a part of the plat and dedicated or reserved by the developer in the locations and dimensions indicated on such plan. Where the developer proposes a park or playground, the Village may require that any such park or playground be made an outlot and be privately owned and held in joint ownership by and maintained for the benefit of the owners of lots within the subdivision.
L. 
Improvements. Following approval of a preliminary plat or, where required, a preliminary certified survey map, but not prior thereto, the developer shall install all street, utility and other improvements as required in this section. Such improvements shall be completed prior to submission for approval of any final plat or final certified survey map and, further, must be made to the satisfaction of the Village Engineer and within 24 months from the date of preliminary approval or such approval will be considered null and void. If for some reason the required improvements cannot or should not be made within the prescribed twenty-four-month period, the Village Board may extend the period and require a cash bond or irrevocable letter of credit in an amount equal to 120% of the cost of completing such improvements as estimated by the Village Engineer as a guarantee that the required improvements will be made within a reasonable period prescribed by and satisfactory to the Village Board. Any such cash bond or irrevocable letter of credit shall remain in the custody of the Village, and the Village will not be obligated to pay interest thereon. In no event shall the provision of a cash bond or irrevocable letter of credit for completion of required improvements remove the burden of such completion from the developer. In addition:
1. 
Contractors' and subcontractors' work are subject to approval. Contractors and subcontractors retained by the developer to construct street and utility improvements on street rights-of-way proposed for public ownership and use or to prepare contracts and contract specifications for such construction shall be subject to the approval of the Village Engineer.
2. 
Survey monuments. Before final approval of any plat or certified survey map within the Village, the developer shall install survey monuments placed in accordance with the requirements of Wis. Stats. ch. 236.
3. 
Governmental units. Governmental units to which these contract provisions apply may file, in lieu of such contract, a letter from officers authorized to act on their behalf agreeing to comply with the provision of this chapter.
4. 
Guarantee of improvements. All public improvements shall be guaranteed against physical defect and repaired by the developer for a period of one year following initial acceptance of such improvements by the Village Board.
M. 
Variances. Where, in the judgment of the Village Board it would be inappropriate to apply literally the provisions of sections 66.06 and 66.07 of this chapter because exceptional or undue hardship would result, the Village Board, upon recommendation of the Village Plan Commission, may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted, however, unless the Village Board makes a specific finding based on documented evidence that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
1. 
Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe physical hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.
2. 
Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
3. 
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
N. 
Land suitability. No land shall be divided or subdivided for residential use which is determined to be unsuitable for such use by the Village Board for reason of flooding, inadequate drainage, adverse soil conditions, 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 land division or the Village. Determination of suitability shall be based upon the following:
1. 
Floodlands. No lot of 25,000 square feet or less in area shall include floodlands. All lots more than 25,000 square feet in area shall contain not less than 25,000 square feet of land which is at an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record.
2. 
Land zoned as lowland conservancy. No lot of 25,000 square feet or less in area shall include lands zoned or designated as lowland conservancy. All lots more than 25,000 square feet in area shall contain not less than 25,000 square feet of land area which is not delineated as lowland conservancy.
3. 
Lots made, altered, or filled entirely with non-earth materials shall not be divided into residential building sites.
4. 
Lots made, altered, or filled entirely with earth within the preceding seven years shall not be used for on-site soil absorption sanitary sewage disposal system fields.
5. 
Lots proposed to be served by conventional on-site soil absorption sanitary sewage disposal systems, including mound systems, shall have not less than 10,000 square feet in slopes of less than 20%.
6. 
Lots proposed to be served by non-conventional on-site soil absorption sanitary sewage disposal systems shall have not less than 15,000 square feet in slopes of less than 12%.
7. 
Lands having bedrock or groundwater within five feet of the natural undisturbed surface shall not be used for residential building sites to be served by conventional on-site soil absorption sanitary sewage disposal systems.
8. 
Commerce standards for soil percolation shall be used for all lots not served by public sanitary sewer facilities.
9. 
Certain soil types identified by both their alphabetical and numerical symbols and used by the U.S. Department of Agriculture, Soil Conservation Service and the Southeastern Wisconsin Regional Planning Commission, respectively, and which have very severe or severe limitations for the use of on-site soil absorption sanitary sewage disposal systems may only be included in residential building sites where public sanitary sewerage facilities are not available if such building sites contain not less than 25,000 square feet of other soils which are rated suitable for building construction and installation of an on-site soil absorption sanitary sewage disposal system.
10. 
Lands artificially drained by drainage tile or ditch systems for the purpose of lowering the water table shall not be used for residential building sites to be served by on-site soil absorption sanitary sewage disposal system. The Village Board, upon recommendation of the Village Plan Commission, in applying the provisions of this section, shall, in writing recite the particular facts upon which it concludes that land is unsuitable for residential use and shall afford the developer an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter, the Village Board may affirm, modify, or withdraw its determination of unsuitability.
O. 
Violations. It shall be unlawful to build upon, divide, convey, record or place monuments on any land in violation of this chapter or the statute; and no person shall be issued a building permit by the Village authorizing the building on, or improvement of, any subdivision, minor land division or replat within the jurisdiction of the Village which has not been recorded prior to the effective date of the ordinance from which this chapter is derived until the provisions and requirements of this chapter have been fully met. The Village Board may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable statute.
P. 
Penalties for violation of chapter. Any person who violates or fails to comply with the provisions of this chapter shall be subject to the policies outlined by Chapter 1, General Provisions. Violations and concomitant penalties shall include, but not be limited to:
1. 
Recordation improperly made, which violation carries penalties as provided in Wis. Stats. § 236.30.
2. 
Conveyance of lots in unrecorded plats carries penalties as provided for in Wis. Stats. § 236.31.
3. 
Monuments disturbed or not placed carries penalties as provided for in Wis. Stats. § 236.32.
In addition, an assessor's plat as set forth in Wis. Stats. § 70.27 may be ordered by the Village Board at the expense of the developer when a subdivision is created by successive divisions.
Q. 
Appeals. Any person aggrieved by an objection to a plat or failure to approve a plat or certified survey map may appeal such objection or failure to approve as provided in Wis. Stats. § 236.13(5), within 30 days of notification of the rejection of the plat or certified survey map. Where failure to approve is based on any unsatisfied objection, the agency making the objection shall be made a party to the action.

66.02 Land provision procedures.

A. 
Pre-preliminary plat. Prior to the filing of an application for the approval of a preliminary plat or petition for a rezoning, the developer shall consult with the Village Plan Commission and its staff, in order to obtain their review, advice and assistance in the preparation of a preliminary plat. Such consultation shall be termed the "pre-preliminary plat" stage of the land division procedure and includes the following steps and information:
1. 
The developer shall prepare a conceptual development scheme or sketch plan at a scale of one inch equals 100 feet of all the contiguous lands in which he has legal or equitable interest and present three copies and the fee required by section 66.09B to the Clerk.
2. 
Such sketch plan shall include enough information to set forth the proposed development potential of the parcel to the satisfaction of the Village Plan Commission, and include at least the following:
a. 
Topographic mapping at not less than ten-foot contour interval; except that if in the judgment of the Village Plan Commission more detailed topographic data is required to make a recommendation to the Village Board, topography at not less than two-foot intervals may be required prior to Village Plan Commission action;
b. 
Soil characteristics or interpretations secured from detailed soil maps prepared by the USDA, Soil Conservation Service (SCS) and/or monitoring borings data;
c. 
The limits of woodland cover and wetlands on the entire parcel;
d. 
Location of lakes, ponds, streams, or kettles, standing water, and designated floodplains on the parcel;
e. 
Areas of steep or severe slope conditions, high water table conditions, potential drainage and erosion problems;
f. 
Existing and proposed access from the parcel to adjacent streets, roads, or properties;
g. 
Proposed street location and width;
h. 
Proposed lots including size to the nearest one-tenth acre;
i. 
Existing zoning of property within 300 feet of the property proposed to be divided;
j. 
Any other pertinent information useful to the developer and Village Plan Commission in their determination of developability of the parcel; and
k. 
Environmental corridors which shall be delineated on the sketch plan.
3. 
Following review and comment by the Village Planning and Zoning Administrator and Village Engineer of the sketch plan, the Village Plan Commission shall either reject the sketch plan giving reasons for such rejections or approve the sketch plan and make recommendations regarding any necessary rezoning. A petition for such rezoning shall be submitted simultaneously with submission of the preliminary plat. Such review and approval of the sketch plan shall constitute conceptual approval of the sketch plan only and shall not be deemed an approval of the layout and design of the proposed subdivision plat.
4. 
Through the pre-preliminary plat procedure it is expected that the developer and Village Plan Commission will reach mutual conclusions regarding the general design and objectives of the proposed development and its possible effects on the Village. The developer will also gain a better understanding of the subsequent required procedures so the entire process may be expedited.
B. 
Preliminary plat review and approval. Before submitting a final plat for approval, the developer shall prepare and submit a preliminary plat in accordance with 66.03 of this chapter, as well as a petition for any necessary rezoning, and in doing so, adhere to the following procedure:
1. 
The developer shall file 20 copies of the proposed plat and an application with the Clerk at least 25 days and not more than 45 days prior to the Village Plan Commission meeting at which action is desired.
2. 
At the time of application for preliminary plat approval the developer shall pay fees as set forth in the fee schedule adopted from time to time by the Village Board and provide all necessary documentation on soils and other physical features.
3. 
The Village Clerk shall, within two normal work days after filing, transmit four copies to the Washington County Land Use and Park Department; two copies to the Wisconsin Department of Administration; additional copies to the Wisconsin Department of Administration for retransmission of two copies to the State Department of Transportation if the development abuts or adjoins a state trunk highway or a connecting street; the Wisconsin Department of Commerce if the development is not served by a public sewer and provision for such service has not been made; the Wisconsin Department of Natural Resources if shorelands or floodlands are contained within the proposed development; seven copies to the Village Plan Commission, and one copy to the Village Engineer.
4. 
The Village shall hereafter be referred to as the "approving agency" and all other units and agencies described in subsection (3), above, shall hereafter be referred to as "objecting agencies."
5. 
The objecting agencies shall, within 20 days of the date of receiving their copies of the proposed preliminary plat, notify the developer and all other objecting agencies and the approving agency of any objections. If there are no objections, they shall so certify on the face of the copy of the proposed preliminary plat and shall return that copy to the Clerk. If an objecting agency fails to act within 20 days, having not asked for an extension, it shall be deemed to have no objection to the plat.
6. 
The preliminary plat shall then be reviewed by the Village Plan Commission for conformance with this chapter and all codes, chapters, ordinances, rules, regulations, comprehensive plans and comprehensive plan components of the Village relating to the plat and their recommendations transmitted to the Village Board.
7. 
The Village Board, with or without the recommendations of the Village Engineer, Village Plan Commission and the objecting or approving agencies shall, within 90 days of the date of filing of a preliminary plat with the Clerk, approve, approve conditionally, or reject such plat unless the time is extended by mutual written agreement with the developer. One copy of the preliminary plat shall thereupon be returned to the developer with the date and action endorsed thereon; and, if approved conditionally or rejected, a letter setting forth the conditions of approval or the reasons for rejection shall accompany the plat. At least one copy each of the preliminary plat and letter shall also be placed in the Village Board's permanent file.
8. 
Deed restrictions may be required by the Village Plan Commission as a condition of preliminary plat approval for the purpose of ensuring that certain requirements and other conditions of approval imposed by the Village will be implemented by the developer and future lot owners.
9. 
A developer's agreement may be required by the Village as a condition of preliminary plat approval for the purpose of identifying and establishing a timetable for the completion of required improvements and other conditions of approval. The agreement may also include provisions regarding a cash bond or irrevocable letter of credit ensuring completion of the required improvements and provisions regarding the timetable and configuration of final plat phases.
10. 
Failure of the Village Board to act on the proposed preliminary plat within 90 days from the date of filing of the plat with the Clerk, the time having not been extended as set forth in this section, and no unsatisfied objections having been filed shall constitute approval of the preliminary plat.
11. 
Approval or conditional approval of a proposed preliminary plat shall not constitute approval of the final plat, but rather 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 Village Plan Commission and Village Board at the time of its submission. If, however, the final plat is submitted within 24 months of preliminary plat approval and conforms substantially to the approved preliminary plat layout, the final plat shall be entitled to approval with respect to such layout. Approval or conditional approval of a preliminary plat expires 24 months after the last required preliminary plat approval is granted, unless as permitted by section 66.02C(3) a final plat of at least one phase of the approved preliminary plat is submitted within such twenty-four-month period. In addition, with respect to a phased final plat, such twenty-four-month period shall be renewed and measured from the last preceding final plat phase approval. After expiration of such twenty-four-month period, the developer has the option of resubmitting the original preliminary plat for approval or submitting a newly designed preliminary plat in accordance with this section.
C. 
Final plat review and approval. Within 24 months from the date of approval of the preliminary plat or as extended by the Village Board, the developer shall prepare and submit a final plat in accordance with section 66.06 and the following procedure:
1. 
The developer shall file 20 copies of the proposed final plat and deed restrictions with the Clerk at least 25 days and not more than 30 days prior to the meeting of the Village Plan Commission at which action is desired.
2. 
At the time of application for the final plat approval, the developer shall pay all applicable fees as set forth in the fee schedule adopted from time to time by the Village Board and submit proposed deed restrictions and the developer agreement if these were required as a condition of preliminary plat approval. Note: See standards for development/permit construction.
3. 
Partial platting. If 30 or more acres in area, the approved preliminary plat may be final platted in phases with each phase encompassing at least 10 acres or 25% of the area of the area of the approved preliminary plat, whichever is larger. If the developer elects to final plat in phases as approved by the Village Plan Commission, the Village Board shall require a timetable of completion of development of the entire property included in the preliminary plat at/or prior to the time of submittal of the first phase of the final plat as part of the developer's agreement.
4. 
The Clerk shall date all copies of the final plat when submitted and within two normal workdays after filing, transmit four copies to the county land use and park department; two copies to the state department of administration; one copy to the Village Engineer; and the original final plat and three copies to the Village Plan Commission.
5. 
The objecting agencies shall, within 20 days of the date of receiving their copies of the proposed final plat, notify the developer and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy on the proposed final plat and shall return that copy to the Clerk. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.
6. 
The Village Plan Commission shall examine the final plat as to its conformance with the approved preliminary plat; any conditions of approval of the preliminary plat; this chapter and all codes, chapters, ordinances, rules, regulations, comprehensive plans and comprehensive plan components which may affect it; and shall, within 40 days from the date of filing with the Clerk, recommend approval, conditional approval or rejection of the final plat to the Village Board.
7. 
Notification. The Village Board shall, prior to approving a plat, give a least 10 days' written notice of its proposed action to the Clerk of any municipality within 1,000 feet of the proposed final plat.
8. 
The Village Board shall, within 60 days of the date of filing the proposed final plat with the Clerk, approve or reject such plat unless the time is extended by mutual written agreement with the developer. If the proposed final plat is rejected, the reasons shall be stated in the minutes of the meeting, and a written statement of the reasons forwarded to the developer. The Village Board may not inscribe its approval of the final plat unless the Clerk certifies on the face of the final plat that the copies were forwarded to objecting agencies as required in this section, the date thereof, and that no objections have been filed within 20 days, or if filed, have been met. Also, no final plat may be approved until any required deed restrictions have been approved.
9. 
Failure of the Village Board to take action on the final plat within 60 days from the date of filing the proposed plat with the Clerk, the time having not been extended and no unsatisfied objections having been filed, shall constitute approval of the final plat.
10. 
Recordation. After the final plat has been approved by the Village Board, all applicable fees paid and required improvements are either installed or a financial guarantee for installation has been provided under section 66.01L, the Clerk shall cause the certificate inscribed upon the final plat attesting to such approval to be duly executed and the final plat returned to the developer for recording with the county register of deeds. The register of deeds will not record the final plat unless it is offered within 30 days from the date of the last approval.
11. 
Copies. The developer shall file six copies of the approved final plat and deed restrictions with the Clerk for distribution to the Village Engineer, building inspector, assessor and other affected departments for their files. Also, one certified copy of the final plat as recorded by the county register of deeds, shall be filed with the Clerk by the developer.
D. 
Replat review and approval. When it is proposed to replat a recorded land division, or part thereof, so as to change the exterior boundaries of a recorded land division, or part thereof, the developer or person wishing to replat shall vacate or alter the recorded plat as provided in Wis. Stats. ch. 236. The developer, or person wishing to replat, shall then proceed as specified in sections 66.02B and C. The Clerk shall schedule a public hearing before the Village Plan Commission when a proposed preliminary plat of a replat of lands within the Village limits is filed, and shall cause notices of the proposed replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 600 feet of the exterior boundaries of the proposed replat.
E. 
Minor land division review and approval (certified survey map-CSM) When it is proposed to divide land in a manner which results in a minor land division, then a certified survey map (CSM), as provided for in Wis. Stats. ch. 236, shall be required for the resulting parcels which are 20 acres or less in area and the developer, Village Plan Commission and Village Board shall proceed as follows:
1. 
To the extent applicable, as determined by the Village planning and zoning administrator and Village Engineer, the procedures of sections A and B shall be followed except that a preliminary certified survey map shall be prepared as set forth in 66.05 of this chapter.
2. 
Following applicable preliminary or pre-preliminary approval of such minor land division, the developer shall prepare a final certified survey map in accordance with 66.05 of this chapter and shall file 15 copies of the final certified survey map, any necessary or required deed restrictions, any required fees and necessary soil monitor boring data with the Clerk at least 25 days prior to the Village Plan Commission meeting at which action is desired. In addition, a petition for any necessary rezoning shall be filed with the Clerk at least 25 days prior to the meeting at which time certified survey map approval is requested.
3. 
The Clerk shall date all copies of the certified survey map when submitted and within two normal workdays after filing, transmit copies of the final certified survey map and letter of application to the Village Plan Commission, Village Engineer, and to such other agencies and persons entitled to a copy according to statute for their review and recommendations concerning matters within their jurisdiction.
4. 
Recommendations of such persons or agencies shall be transmitted to the Clerk within 15 days from the date of receipt of the final certified survey map which shall then be reviewed by the Village Plan Commission for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans, and comprehensive plan components.
5. 
The Village Plan Commission shall, within 35 days from the date of filing of the final certified survey map, recommend approval, conditional approval or rejection of the map, and shall transmit the map along with its recommendations to the Village Board.
6. 
The Village Board shall approve, approve conditionally, or reject such final certified survey map within 60 days from the date of filing of such map with the Clerk unless the time is extended by mutual written agreement with the developer. If the map is submitted within 12 months of the approval of a preliminary certified survey map and conforms to such approved preliminary certified survey map, the final certified survey map shall be entitled to approval. If the map is rejected, the reason shall be stated in the minutes of the meeting at which such action is taken and a written statement forwarded to the developer. If the map is approved, the Village Board shall direct to the Clerk to so certify on the face of the original map.
7. 
Failure of the Village Board to take appropriate action on the final certified survey map within 60 days from the date of first filing with the Clerk shall constitute approval of the certified survey map.
8. 
Recordation. After the final certified survey map has been approved by the Village Board, all applicable fees paid, and any required improvements either installed or an approved cash bond or an approved irrevocable letter of credit ensuring their installation is filed with the Village, the Clerk shall cause the certificate inscribed upon the map attesting to such approval to be duly executed and the final certified survey map recorded with the county register of deeds. The register of deeds will not record the map unless it is offered within 30 days from the date of the last approval.
9. 
Copies. Ten copies of the final certified survey map shall be retained by the Clerk for distribution to the Village Engineer, Building Inspector, Assessor and other affected departments and agencies for their files. Also, one certified copy of the final certified survey map, as recorded, shall be retained by the Clerk for the Village files.
F. 
Plats and minor land divisions within the extraterritorial jurisdiction of the Village.
1. 
Application. When the land to be developed lies within the extraterritorial jurisdiction of the Village the developer shall proceed as specified in Sections A- E.
2. 
Review criteria. The Village Plan Commission may recommend, and the Village Board may approve, the division of lands in the extraterritorial plat approval jurisdiction based on the applicable criteria. The Village Plan Commission may recommend, and the Village Board may require, any conditions in the approval of a subdivision or certified survey map, including the use of any restrictive covenant.

66.03 Preliminary plat data and preparation.

A. 
Contents generally. A preliminary plat shall be required for all subdivisions within the Village and the Village's extraterritorial jurisdiction and shall be based upon a survey by a registered land surveyor. The plat shall be prepared on tracing cloth, reproducible drafting film, or paper of good quality at a map scale of not more than 100 feet to the inch and shall show correctly on its face the following information:
1. 
Title or name under which the proposed subdivision is to be recorded;
2. 
Proper location of the proposed subdivision by government lot, quarter-section, section, township, range, county, and state;
3. 
General location sketch at 2,000 feet to the inch showing the location of the subdivision within the U.S. Public Land Survey section;
4. 
Date, graphic scale and north point;
5. 
Names and addresses of the owners, developer, land surveyor, and any other professional staff involved in preparing the plat;
6. 
The entire area contiguous to the proposed plat in which the developer has a legal or equitable interest if such area is less than 100 acres in size, even though only a portion of such area is proposed for immediate development. If the legal or equitable contiguous ownership is 100 acres or more in size, the preliminary plat may include only that area of such land which is proposed to be developed immediately, provided that area has been included in an approved pre-preliminary sketch plan; the land area is at least 65 acres in size; and the remnant unplatted parcel is not less than 40 acres in size. The Village Board may modify these requirements where it is determined 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. 
Length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the U.S. Public Land Survey and the total acreage encompassed thereby;
2. 
Existing contours at vertical intervals of not more than two feet where the slope of the ground surface is less than 10%, and of not more than four feet where the slope of the ground surface is 10% or more. Elevations shall be marked on such contours based on National Geodetic Datum of 1929 (mean sea level);
3. 
Proposed street grade;
4. 
Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water elevations, all referred to mean sea level (1929) datum;
5. 
Floodplain limits and the contour line lying a vertical distance of two feet above the elevation of the one-hundred-year recurrence interval flood, or where such data is not available, the limits of and the contour line laying a vertical distance of five feet above the elevation of the maximum flood of record;
6. 
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;
7. 
Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established center line elevations, all to mean sea level (1929) datum;
8. 
Location and names of any adjacent subdivisions, parks and cemeteries, and owners of record of abutting unplatted lands;
9. 
Location, size and invert elevation of any existing or proposed sanitary or storm sewers, retention or detention basins, culverts, and drainpipes, the location of manholes, catch basins, hydrants, electric power, and telephone poles, and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sanitary or storm sewers or water mains are located on or immediately adjacent to the lands being platted, the nearest such sewers or water mains which might feasibly be extended to serve such lands shall be indicated by their direction and distance from the nearest exterior boundary of the plat and their size, and invert elevations;
10. 
Locations of all existing property boundary lines, structures, drives, streams, watercourses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant natural or man-made features within the tract being subdivided or immediately adjacent thereto;
11. 
Location, width and suggested names of all proposed streets and public rights-of- way such as alleys and easements;
12. 
Approximate dimensions of all lots, together with proposed lot and block numbers;
13. 
Location and approximate dimensions and size of any sites to be reserved or dedicated for parks, playgrounds, drainageways, or other public use or which are to be used for group housing, shopping centers, church sites, or other private uses not requiring division into lots;
14. 
Approximate proposed street grades or approximate slope in percent;
15. 
Existing zoning on and adjacent to the proposed subdivision;
16. 
Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access;
17. 
Any proposed lake and stream improvement or relocation;
18. 
Location of soil boring tests, where required by the Wisconsin Administrative Code, made to a depth of six feet, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one per three acres shall be made initially. Two copies of all test results shall accompany the preliminary plat;
19. 
Location of soil monitoring or percolation tests where required by Wis. Admin. Code Comm. ch. 85, taken at the location and depth in which soil absorption waste disposal systems are proposed to be installed. The number of such tests initially made shall not be less than one test per three acres or one test per lot, whichever is greater. Two copies of all test results shall accompany the preliminary plat;
20. 
Special restrictions required by the Village Plan Commission such as those relating to points or areas of access control along public ways, provision of planting screen areas, areas of fill or earth moving restrictions, or areas of land clearance restrictions.
C. 
Additional data requirements.
1. 
Street plans and profiles. Following preliminary plat approval, the plans and profiles of all streets and public ways, as designed and laid out by a registered Village Engineer, shall be submitted to the Village Engineer showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, when requested. All elevations shall be based upon mean sea level (1929) datum, and plans and profiles shall meet the approval of the Village Engineer.
2. 
Testing. As a part of preliminary plat preparation the Village Plan Commission may require the developer to provide that additional borings and soundings be made in specified areas to ascertain subsurface soil, rock, and water conditions, including depth to bedrock and depth to groundwater table. Where the subdivision will not be served by public sanitary sewer service, the provisions of Wis. Admin. Code Comm. ch. 85 shall be complied with; and the appropriate data submitted with the preliminary plat.
3. 
Soil and water conservation. The Village Engineer, upon determining from a review of the preliminary plat that the soils, slope, vegetation, and drainage characteristics of the site are such as to require substantial cutting, clearing, grading, stormwater detention/retention and other earth-moving operations in the development of the subdivision or otherwise entail a severe erosion hazard, may require the developer to provide soil erosion and sedimentation control plans and specifications. Such plans shall comply with the Village required standards, and shall be in accordance with standards set forth in chapter 58.
4. 
Site grading plans. Site grading plans, including both existing and proposed contours, building grades/elevations and any drainage systems, may be required by the Village Engineer.
D. 
Affidavit. The registered engineer and/or registered 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.
E. 
Fees. The developer shall pay all fees applicable to the proposed preliminary plat to the Clerk at the time the preliminary plat is first submitted for Village Plan Commission review and approval, and in an amount as set forth in the fee schedule adopted from time to time by the Village Board.

66.04 Final plat data and preparation.

A. 
Contents generally. A final plat prepared by a registered land surveyor shall be required for all subdivisions within the Village and the Village's extraterritorial jurisdiction. It shall comply in all respects with the requirements of Wis. Stats. ch. 236.
B. 
Additional data requirements. The plat shall show correctly on its face, in addition to the information required by Wis. Stats. § 236.20, the following:
1. 
Exact street width along the line of any obliquely intersecting street;
2. 
Railroad rights-of-way within and abutting the plat;
3. 
Minimum setback or building lines required by Village rules, regulations, or ordinances;
4. 
Utility and drainage easements;
5. 
All lands dedicated for public use, reserved for future public acquisition, or reserved for the common use of property owners within the plat;
6. 
Special restrictions required by the Village Plan Commission such as those relating to points or areas of access control along public ways, provision of planting screen areas, areas of fill or earth-moving restrictions, or areas of land clearance restrictions.
C. 
Surveying and monumenting. All final plats shall meet all the surveying and monumenting requirements of Wis. Stats. § 236.15.
D. 
Survey accuracy. The Village Engineer shall examine all final plats within the Village and where appropriate, make field checks for the accuracy and closure of survey, accuracy of topographic data, the proper kind and location of monuments, and the legibility and completeness of the drawing. In addition:
1. 
Maximum error of closure before adjustment of the division shall not exceed, in horizontal distance or position, the ratio of one part in 10,000, nor in azimuth, four seconds of arc per interior angle. If field measurements exceed this maximum, new field measurements shall be made until a satisfactory closure of the field measurements has been obtained. The survey of the exterior boundary shall be adjusted to form a closed geometric figure.
2. 
All street, block and lot dimensions shall be computed as closed geometric figures based upon the control provided by the closed exterior boundary survey. If field checks disclose an error for any interior line of the plat greater than the ratio of one part in 3,000, or an error in measured angle greater than one minute of arc for any angle where the shorter side forming the angle is 300 feet or longer, necessary corrections shall be made. Where the shorter side of a measured angle is less than 300 feet in length, the error shall not exceed the value of one minute multiplied by the quotient of 300, divided by the length of the shorter side; however, such error shall not in any case exceed five minutes of arc.
3. 
Where the plat is located within or adjacent to a U.S. Public Land Survey one- quarter section the corners of which have been relocated, monumented, and coordinated by the county, the Village, or the Southeastern Wisconsin Regional Planning Commission, the tie required by Wis. Stats. § 236.20(3)(b) shall be expressed in terms of grid bearing and distance; and the material and state plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure as specified in this section for the survey of the exterior boundaries of the subdivision.
4. 
Where the plat is located within a U.S. Public Land Survey one-quarter section, the corners of which have not been relocated, monumented and coordinated by the county, the Village, or the Southeastern Wisconsin Regional Planning Commission, both ends of each property boundary line shall be tied to the nearest one-quarter corner and as required by Wis. Stats. ch. 236.
E. 
State plane coordinate system. Where the plat is located within or immediately adjacent to a U.S. Public Land Survey one-quarter section the corners of which have been relocated, monumented, and coordinated by the county, the Village, or the Southeastern Wisconsin Regional Planning Commission, the plat shall be tied directly to one of the section or quarter corners so relocated, monumented, and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and state plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. All distances and bearings shall be referenced to the state coordinate system, south zone, and adjusted to the county's control survey.
F. 
Certificates. All final plats shall provide all the certificates required by Wis. Stats. § 236.21; and, in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter.

66.05 Certified survey map data and information.

A. 
Generally. A final certified survey map prepared by a registered land surveyor shall be required for all minor land divisions within the Village and the Village's extraterritorial jurisdiction. It shall comply in all respects with the requirements of Wis. Stats. § 236.34. When required as set forth in section 66.02E, a preliminary certified survey map shall also be prepared as set forth in this article. The design and improvements relating to a minor land division shall also comply with the design standards and improvement requirements set forth in sections 66.06 and 66.07.
B. 
Additional required data. Both preliminary and final certified survey maps shall show correctly on their face, in addition to the information required by Wis. Stats. § 236.34, the following:
1. 
All existing buildings, watercourses, drainage ditches, and other features pertinent to proper land division;
2. 
Minimum setback or building lines required by Village ordinances;
3. 
Utility and drainage easements;
4. 
All lands dedicated for public use or reserved for future acquisition;
5. 
Date of the certified survey map;
6. 
Graphic scale and north point;
7. 
Name and address of the owner, developer, and surveyor;
8. 
Location of soil boring and soil evaluation tests conducted in accordance with Wis. Admin. Code Comm. ch. 85. The written results of such test shall be submitted along with the certified map;
9. 
All proposed streets, roads, or highways within 200 feet of the boundaries of the parcels created by the minor land division; and in addition.
10. 
A required preliminary certified survey map shall include existing and proposed contours as set forth in section 66.03B.
C. 
State plane coordinate system.
1. 
Where the certified survey map is located within or adjacent to a U.S. Public Land Survey one-quarter section the corners of which have been relocated, monumented, and coordinated by the county, the Village, or the Southeastern Wisconsin Regional Planning Commission, the certified survey map shall be tied directly to one of the section or quarter corners as set forth in section 66.04E.
2. 
Where the certified survey map is located within or adjacent to a U.S. Public Land Survey one-quarter section the corners of which have not been relocated, monumented, and coordinated by the county, the Village, or the Southeastern Regional Planning Commission, both ends of each property boundary line shall be tied to the nearest one-quarter corner and as required by Wis. Stats. ch. 236.
D. 
Certificates. The surveyor shall certify on the face of the certified survey map that he has fully complied with all the provisions of this chapter. The Village Plan Commission and Village Board shall each certify its approval on the face of the certified survey 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 Wis. Stats. § 236.21(2)(a).

66.06 Design standards.

A. 
Street arrangement. In any new land division the street layout shall conform to the arrangement, width and location indicated on the official map, county jurisdictional highway system plan, comprehensive plan or plan component, or precise neighborhood unit development plan of the Village. In addition, streets shall be constructed in conformance with the adopted construction standards of the Village. (See standards for development/construction). In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, to existing or planned utilities, and to the most advantageous development of adjoining areas. The land division shall be designed so as to provide each lot with satisfactory access to a public street without thereby causing undue conflict with existing or anticipated traffic flow on such streets. In addition:
1. 
Arterial streets shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect.
2. 
Collector streets shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the major street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches and shopping centers and other concentrations of population and to the major streets to which they connect.
3. 
Minor streets shall be arranged to conform to the topography, to discourage use by through traffic, where applicable to permit the design of efficient storm drainage and utility systems and to require the minimum street area necessary to provide safe and convenient 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 unless, in the opinion of the Village 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. 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 developer.
5. 
Arterial street and highway protection. Whenever the proposed land division contains or is adjacent to an arterial 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 screen planting contained in a non-access reservation along the rear property line, and/or by the use of frontage streets.
6. 
Stream or lake shores shall have a minimum of 60 feet of public access platted to the low water mark at intervals of not more than 1/2 mile as required by Wis. Stats. § 236.16(3).
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 Village under conditions approved by the Village Plan Commission and Village Board.
8. 
Alleys may be provided in commercial and industrial areas for off-street loading and service access unless otherwise required by the Village Plan Commission, but shall not be approved in residential districts. Dead-end alleys shall not be approved, and alleys shall not connect directly to an arterial street or highway.
9. 
Street names shall not duplicate or be similar to existing street names elsewhere in the Village, and existing street names shall be projected wherever possible.
B. 
Limited access highway and railroad right-of-way treatment. Whenever the proposed land division contains or is adjacent to a limited access highway or railroad right-of-way, the land division design shall provide for the following:
1. 
When lots within the proposed land division back upon or side upon the right-of-way of an existing or proposed limited access highway or a railroad, a planting strip at least 30 feet in depth shall be provided adjacent to the highway or railroad in addition to the normal lot depth or width. This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees and shrubs; vehicular public access across and the building of structures hereon is prohibited."
2. 
Commercial and industrial properties shall have provided, on each side of the limited access highway or railroad, streets approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but not less than 150 feet.
3. 
Streets parallel to a limited access highway or railroad right-of-way, when intersecting an arterial street or highway or a collector street which crosses such railroad or highway, shall be located at a minimum distance of 250 feet from such highway or railroad right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.
4. 
Minor streets immediately adjacent and parallel to railroad rights-of-way shall be avoided, and the location of minor streets immediately adjacent to arterial streets and highways and to railroad rights-of-way shall be avoided in residential areas.
C. 
Street and other public way design standards. The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified by the comprehensive plan, comprehensive plan component, official map, neighborhood and/or corridor plan, county jurisdictional highway system plan, state department of transportation (Wis DOT) functional highway plans and/or environmental impact statement (EIS) plans, or as set forth in standards for development/permit construction, whichever is greater. Arterial street sections are for standard arterial streets only. Cross sections for freeways, expressways and parkways should be based upon detailed engineering studies. In addition:
1. 
Cul-de-sac streets designed to have one end permanently closed shall not, as a general rule, exceed 800 feet in length as measured from the point of radius of the turnaround to the nearest intersecting street and, in no case, shall more than nine single-family dwelling unit lots abut and have direct access to a cul-de-sac street. All cul-de-sac streets designed to have one end permanently closed shall terminate in a circular turnaround. Note: See standards for development/permit construction.
2. 
Temporary termination of streets at the boundary of a land division or phase of land division intended to be extended at a later date and where three or more dwelling units have driveway access to such streets shall, at the discretion of the Village Plan Commission, be accomplished with a temporary "T" turnaround within the street right-of-way having a cross-bar length of 64 feet and width of 24 feet or an alternative design approved by the Village Engineer. Temporary or semi-permanent turnarounds must be connected and extended when the adjoining property is developed.
3. 
Street grades. Unless necessitated by exceptional topography as determined by the Village Plan Commission, the maximum center line grade of any street or public way shall not exceed the following:
a. 
Arterial streets: 6%.
b. 
Collector streets: 8%.
c. 
Minor streets, culs-de-sac, alleys and frontage streets: 10%.
d. 
Pedestrian ways: 12% unless steps of acceptable design are provided. In addition, the grade of any street shall in no case exceed 12% or be less than 1/2 of 1%.
Street grades shall be established wherever practicable so as to minimize grading, the promiscuous removal of ground cover and tree growth and general leveling of the topography. All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for arterial and collector streets, and 1/2 this minimum for all other streets.
4. 
Radii of curvature. When a continuous street center line deflects at any one point by more than 10°, a circular curve shall be introduced having a radius of curvature on such center line of not less than the following:
a. 
Arterial streets and highways: 500 feet.
b. 
Collector streets: 300 feet.
c. 
Minor streets: 100 feet. A tangent at least 100 feet in length shall be provided between reverse curves on arterial and collector streets.
5. 
Passing lanes and acceleration/deceleration lanes. When the land to be subdivided is proposed to have street connections to an arterial street, the developer/developer shall install a passing or bypass lane adjacent to the traffic lane opposite the intersection as well as an acceleration and a deceleration lane adjacent to the traffic lane nearest the intersection as approved by the Village Engineer.
D. 
Street intersection design. Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition:
1. 
The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than two.
2. 
The number of intersections along arterial streets and highways shall be held to a minimum. Wherever practicable, the distance between such intersections shall not be less than 1,200 feet.
3. 
Minor and collector streets shall not necessarily continue across arterial streets. If the distance between the center line intersections of any street with any other intersecting street is less than 250 feet measured along the center line of the intersecting street, then the location shall be so adjusted that the distance is increased or the adjoinment across the intersecting street is continuous and a jog is avoided.
4. 
On all streets where sidewalks are required, ramps or openings to accommodate handicapped individuals or vehicles shall be provided in accordance with Wis. Stats. § 66.0909.
5. 
The platting of half-streets shall not be permitted except where it is necessary to complete a half-street existing at the effective date of the ordinance from which this chapter is derived.
E. 
Block design. The widths, lengths, and shapes of blocks shall be suited to the planned use of the land, zoning requirements, need for convenient access, control and safety of street traffic; and the limitations and opportunities of topography. In addition;
1. 
The length of blocks in a residential area shall not as a general rule be less than 600 feet nor more than 1,600 feet in length, unless otherwise dictated by exceptional topography or other limiting factors of good design.
2. 
Pedestrian ways of not less than 20 feet in width may be required near the center and entirely across any block over 1,000 feet in length where deemed essential by the Village Plan Commission to provide adequate pedestrian circulation or access to schools, parks, shopping centers, churches or transportation facilities.
3. 
The width of blocks shall be enough to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic. Width of lots or parcels reserved or designated for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions for such use.
4. 
All main telephone and electric power and other utility lines shall, where practical, be placed on mid-block easements of not less than 20 feet in width on the property line, and as required by the respective utility company, and where possible along rear lot lines, and shall be completed prior to final grading.
F. 
Lot design. The size, shape, and orientation of lots shall be appropriate for the location of the land division 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 building contemplated. In addition:
1. 
Side lot lines shall be at right angles to straight street lines or radial to curved street lines on which the lots face unless impractical to do so. Lot lines shall follow municipal boundary lines rather than cross them.
2. 
Double-frontage or through lots shall be prohibited except where necessary to provide separation of residential development from arterial traffic or to overcome specific disadvantages of topography and orientation.
3. 
Every lot shall front or abut for a distance of at least 50 feet on a public street.
4. 
Area and dimensions of all lots shall conform to the requirements of the Village zoning ordinance in floodland and shoreland areas. Those building sites not served by a public sanitary sewer system or other approved system shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with the Wisconsin Administrative Code.
5. 
Excessive depth of lots in relation to width shall be avoided and a proportion of two to one shall be considered a standard depth to width ration under normal conditions. Lots shall normally be rectangular in shape, and lots having more than five sides shall be avoided. Depth of lots or parcels designated for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated.
6. 
The width of lots within the interior of a block shall conform to the requirements of the applicable Village or county ordinance, and in no case shall a lot have a minimum width at the building setback line of less than that which is required by the applicable zoning ordinance.
7. 
In any plat abutting a lake or stream, lands lying between the meander line and the water's edge and any otherwise unplattable lands which lie between a proposed land, division and the water's edge shall be dedicated to the public or made a part of the adjacent lot or parcel.
G. 
Building setback lines. Building setback lines appropriate to the location and type of development contemplated, which are more restrictive than the regulation of the zoning district in which the plat is located due to topographic conditions, traffic visibility flora, or natural features, may be required by the Village Plan Commission.
H. 
Easements.
1. 
The Village Plan Commission may require utility easements of widths deemed adequate for the intended purpose on rear lot lines and on side lot lines or across lots where necessary or advisable for electric power and communication wires and conduits; storm and sanitary sewers; and gas, water, and other utility lines.
2. 
Where a land division is traversed by a watercourse drainageway, channel, or stream, an adequate drainageway easement shall be provided as may be required by the Village Plan Commission. The location, width, alignment, and improvement of such drainage course shall be subject to the approval of the Village Engineer, and parallel streets or parkways may be required in connection therewith. Where necessary stormwater drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow. These design details are subject to review and approval by the Village Engineer.
3. 
Where natural drainage channels, water impoundment areas, and wetlands are encompassed, in whole or in part, within the proposed land division, the Village Plan Commission may require easements to be placed on the plat which will protect and ensure the viability of such natural resources and/or aesthetic value.

66.07 Required improvements.

A. 
Survey monuments. The developer shall install survey monuments placed in accordance with the requirements of Wis. Stats. ch. 236 and as may be required by the Village Engineer/surveyor. The Village Board may waive the placement of lot corner monuments until the submittal of the final plat.
B. 
Grading. After the installation of survey control points by the developer and establishment of street grades by the Village Engineer, and unless otherwise stipulated by the Village Plan Commission, the developer shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the Village Engineer. The developer shall grade the roadbeds in the street rights-of-way to subgrade. Any way shall be graded to a maximum slope of three to one, or the soils angle of repose, whichever is the lesser. All graded lands, with the exception of roadbeds of streets, shall be treated for sediment and erosion control purposes as set forth in section 66.08E.
C. 
Surfacing. After the installation of all utility and stormwater drainage improvements, the developer shall surface all roadways in streets proposed to be dedicated to the widths prescribed by this chapter and the other comprehensive plan components of the Village. Such surfacing shall be in accordance with plans and standard specifications accomplished in two lifts or layers of asphalt over a compacted layer of crushed stone and approved by the Village Engineer and in conformance with the adopted street construction standards of the Village and with any developer's agreement. The cost of surfacing in excess of 48 feet in width that is not required to serve the needs of the land division shall be borne by the Village or other unit or agency of government having jurisdiction.
D. 
Curb and gutter. In all land divisions the Village Board may require the developer to construct concrete curbs and gutters in accordance with plans and standard specifications approved by the Village Board. In addition, curbs and gutters are required by the Village Board on cul-de-sac islands, on streets adjacent to uses which generate high volumes of traffic (in excess of 1,500 ADT), and on streets where steep topography conditions cannot be overcome by redesigning. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts. The cost of installation of all inside curbs and gutters for dual roadway pavements on the established arterial street and highway system for the Village shall be borne by the Village or other unit or agencies of government having jurisdiction.
E. 
Rural street sections. When permanent rural street sections have been approved by the Village Board, the developer shall finish grade all shoulders and road ditches, install all necessary culverts at intersections, and, if required, surface ditch inverts or otherwise prevent erosion and sedimentation in accordance with plans and standard specifications approved by the Village Engineer and as set forth in section 66.08E and in the adopted Village design and construction standards.
F. 
Sidewalks. The Village Board may require sidewalks if they are necessary, in their opinion, for safe and adequate pedestrian circulation.
G. 
Private sewage disposal systems. When it is proposed to establish a private sanitary sewer system to serve two or more lots, the developer shall construct sanitary sewer facilities in such a manner as to make adequate sanitary sewer service available to each lot within the land division.
H. 
Stormwater drainage facilities. The developer shall construct stormwater drainage facilities, adequate to serve the land division which may include curbs and gutters, catchbasins and inlets, storm sewers, road ditches, culverts, open channels, water retention structures, and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow through and from within the land division and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazards to life or property. In addition:
1. 
Unpaved road ditches and back slopes shall be shaped and seeded and/or sodded as grassed waterways. The bottom or "V" of all drainage channels or ditches having a slope of 3% or more shall be sodded with grass strips laid perpendicular to the slope of the drainage channel. Where the velocity of flow is in excess of four feet per second on soils having a severe or very severe erosion hazard and in excess of six feet per second on other soils, the developer shall install a paved invert or check dams, flumes, or other energy dissipating devices as prescribed by the Village Engineer and Village Board.
2. 
Drainage facilities shall, if required, include water retention structures and settling basins to prevent erosion and sedimentation where such facilities discharge into streams or lakes. The design criteria, the size, type, grades, and installation of all stormwater drains and sewers and other cross section, invert and erosion control paving check dams, flumes, or other energy dissipating structures and seeding and/or sodding of open channels and unpaved road ditches proposed to be constructed shall be in accordance with the design and construction standards approved by the Village Board.
3. 
Where a Sanitary or Utility District has been created pursuant to Wis. Stats. § 60.70 for the purpose of providing and constructing surface drainage facilities, storm sewers, or other drainage improvements, such plans and standard specifications shall be further subject to approval by the Sanitary District Board or Commission.
4. 
The developer shall assume the cost of installing all storm sewers within the proposed subdivision except for the added cost of installing storm sewers greater than 24 inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed land division. In addition, the developer shall pay to the Village or Sanitary District wherein the land division is located a storm sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ration which the total area of the proposed plat is to the total drainage area to be served by such larger sewers.
I. 
Water supply facilities. When it is proposed to establish a private water supply and distribution system to serve two or more lots, the developer shall cause such water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot within the land division.
J. 
Other utilities. The developer shall cause electrical power and telephone facilities and, where possible, natural gas to be installed in such a manner as to make adequate service available to each lot in the land division. No electrical or telephone service shall be located on overhead poles unless otherwise allowed by the Village Plan Commission due to exceptional topography or other physical barrier. Plans indicating the proposed location of all gas, electrical power, telephone and TV cable distribution and transmission lines required to service the plat shall be submitted with the street plans and be approved by the Village Engineer. Such utilities shall be constructed prior to Village Engineer approval of final grading. Once installed, it shall be the responsibility of the developer to complete or cause the completion of the restoration of any lands disturbed by such installation to the satisfaction of the Village Engineer.
K. 
Streetlights. The Village Board may require the developer to install streetlights, see Chapter 63 Lighting Regulations.
L. 
Street and regulatory signs. The Village Board shall require the installation of street signs at the intersection of all streets proposed to be dedicated, and the developer will pay for the cost of signs, plus the cost of installation. The developer shall also be responsible for all permanent barricades and regulatory traffic signs within the subdivision or minor land division.
M. 
Planting screens. The Village Plan Commission may require a planting screen between conflicting land uses, and/or to provide visual and sound screening along arterial streets or highways. Such plantings shall be placed by the developer within a designated planting easement of adequate width, but not less than 30 feet, and shall conform to plans required as a part of the preliminary plat submittal, which plans shall be of sufficient accuracy and detail regarding height, size, and species for review by the Village Plan Commission.
N. 
Sediment control. The developer shall plant those grasses, trees, and vines of a species and size specified by the Village Board, necessary to prevent soil erosion and sedimentation. The Village Board may require, following review and approval by the Village Engineer, the developer to provide or install certain protection and rehabilitation measures such as fencing, slopes, sodding and/or seeding, trees, shrubs, riprap, wells, revetments, jetties, clearing, dredging, snagging, drop structures, brush mats, willow poles, and grade stabilization structures. In addition:
1. 
Tree cutting and shrubbery clearing on wooded parcels shall be kept to a minimum on the lot or tract and shall be conducted so as to prevent erosion and sedimentation; preserve and improve scenic qualities; and, during foliation, substantially screen the development from stream or lake users.
2. 
Paths and trails in wooded and wetland areas shall not exceed 10 feet in width unless otherwise approved by the Village Plan Commission, and shall be so designed and constructed to result in the least removal and disruption of trees and shrubs, and the minimum impairment of the natural beauty.
3. 
Earth moving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging, and lagooning, shall be conducted to prevent erosion and sedimentation and to least disturb the natural flora, watercourse, water regimen, and topography (see sections 66.08D and E).
4. 
Review of the conduct of all cutting, clearing, and moving may be requested of the county soil and water conservation district supervisors, the state district fish and game managers, and the state district forester by the Village Board or Village Plan Commission as they deem appropriate.
O. 
Optional provision of required improvements and facilities. If for any reason the developer fails to install required improvements or facilities as prescribed in this article or as ordered by the Village Board pursuant to this chapter, the Village Board may install such improvements and assess the full cost of such installations, plus 10% for administration against the developer or property owner as set forth in Wis. Stats. §§ 66.0627. Also, the Village and developer may agree to have public improvements installed by the Village pursuant to Wis. Stats. §§ 66.0627 and 66.62.

66.08 Construction.

A. 
Commencement. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat or preliminary certified survey map, street plans, storm drainage plans, grading plans and erosion/sediment control plans have been approved, and the Village Board has given written authorization for such commencement.
B. 
Building permits. No building, zoning, or sanitary permits shall be issued for erection of a structure on any lot not of record on December 31, 1980, until all the requirements of this chapter, the county and the state have been met.
C. 
Occupancy permit. No occupancy permit shall be issued until all requirements of this chapter are met to the satisfaction of the Village Engineer and building inspector.
D. 
Plans. When applicable, the following plans and accompanying construction specifications as prepared by a civil engineer may be required by the Village Engineer and shall be reviewed by the Village Plan Commission upon request of the Village Board before authorization of construction or installation of improvements:
1. 
Street plans and profiles showing existing and proposed grades, elevations, and cross section of required improvements. A three-line profile is required.
2. 
Sanitary sewer plans and profiles, showing the locations, grades, sizes, elevations, and materials of required facilities.
3. 
Storm sewer, drainage channel plans and profiles, and detention/retention ponds showing the locations, grades, sizes, cross sections, elevations, and materials of required facilities.
4. 
Water main plans and profiles, showing the locations, sizes, elevations and materials of required facilities.
5. 
Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation. Such plans shall generally follow the guidelines and standards set forth in the publication, Best Management Practices, and as set forth in section E.
6. 
Planting plans showing the locations, age, caliper, and species of any required grasses, vines, shrubs, and trees.
7. 
Master grading plan showing existing and final contour intervals.
8. 
Plans for all private utilities shall be submitted with street plans.
9. 
Additional special plans or information as required by the Village Board.
E. 
Erosion control.
1. 
The developer shall cause all grading, excavations, open cuts, side slopes, and other land surface disturbances to be mulched, seeded, sodded, or otherwise protected so that erosion, siltation, sedimentation, and washing are prevented, in accordance with the plans and specifications and at such times as approved by the Village Engineer. Such erosion control may include, but is not limited to, the following measures:
a. 
Sod laid in strips at right angles to the direction of drainage at those intervals necessary to prevent erosion.
b. 
Temporary vegetation and mulching provided to protect critical areas, with permanent vegetation installed as soon as practical.
c. 
Construction at any given time being confined to the smallest practical area and for the shortest practical period of time.
d. 
Sediment basins installed and maintained at all drainageways to trap, remove, and prevent sediment and debris from being washed outside the area being developed.
2. 
The developer shall follow the Best Management Practices manual as set forth in section D(5).
F. 
Existing flora. The developer 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. Any such flora are to be protected and preserved during construction in accordance with sound conservation practices, including the preservation of trees by the use of wells or islands or retaining walls whenever abutting grades are altered.
G. 
Inspection. The developer, prior to commencing any work within the land division shall make arrangements with the Village Engineer to provide for adequate inspection. The Village Engineer shall inspect and approve in writing to all required or necessary work prior to approval of the final plat or release of any sureties.
H. 
Changes and modification. The Village Engineer or the developer may petition the Village Board to secure changes or modifications to an approved preliminary plat or preliminary certified survey map as the development progresses.

66.09 Fees.

A. 
Generally. The developer shall pay the Village all required fees and at the times specified in this article before being entitled to recording of a final plat or final certified survey map. All fees are nonrefundable.
B. 
Pre-preliminary plat and certified survey map review fee. The developer shall pay a fee in the amount set by resolution of the Village Board from time to time for each lot or parcel within the pre-preliminary plat or certified survey map to the Clerk at the time of submittal for review by the Village Plan Commission.
C. 
Preliminary plat. The developer shall pay a fee in the amount set by the Village Board in the fee schedule to the Clerk at the time of first application for approval of any preliminary plats or certified survey maps to assist in defraying the cost of their review. A reapplication fee shall be paid to the Clerk at the time of reapplication for approval of any preliminary plat or certified survey map which has previously been reviewed.
D. 
Improvement review fee. The developer shall pay a fee equal to the actual cost of review by the Village Engineer of any and all improvement plans and specifications submitted as a part of land subdivision procedure and prior to commencement of construction.
E. 
Inspection fee. The developer shall pay a fee equal to the actual cost to the Village of such inspection by the Village Engineer as the Village deems necessary to ensure that the construction of the required improvements is in compliance with the plans, specifications, codes, and ordinances of the Village or any other governmental authority.
F. 
Final plat and certified survey map review fee. The developer shall pay a fee in the amount set by the Village Board in the fee schedule to the Clerk at the time of first application for final plat or certified survey map approval to assist in defraying the cost of their review. A reapplication fee shall be paid to the Clerk at the time of a reapplication for approval of any final plat or certified survey map which has previously been reviewed.
G. 
Village Engineering fee. The developer shall pay a fee equal to the actual cost to the Village for all engineering work incurred by the Village in connection with any plat or certified survey map. Engineering work shall include the preparation of construction plans and specifications requested by the developer or ordered by the Village Board. Inspection, checking, and reviewing of work by the Village Engineer requires fees as provided in sections C and D.
H. 
Legal fee. The developer shall pay a fee equal to the cost of any legal work which may be undertaken by the Village in connection with the plat or certified survey map. Legal work shall include the drafting or reviewing of contracts between the Village and the developer, the drafting or review of covenants, any actions or proceedings to enforce the covenants and any actions or proceedings to enforce this chapter, together with expenses and disbursements.
[Code 1984, § 21.1009]