[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Title 14, Ch. 1, of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 215.
Building construction — See Ch. 226.
Driveways — See Ch. 263.
Erosion control and stormwater management — See Ch. 275.
Fires and fire prevention — See Ch. 294.
Parks and recreation — See Ch. 390.
Property maintenance — See Ch. 408.
Streets and sidewalks — See Ch. 457.
Trees and shrubs — See Ch. 480.
Zoning — See Ch. 520.
A.
Introduction. In accordance with the authority granted by § 236.45,
Wis. Stats., and for the purposes listed in §§ 236.01
and 236.45, Wis. Stats., the Village Board of the Village of Dane
does hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the Village.
(2)
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote the public health,
safety, convenience and general welfare. This chapter is designed
to lessen congestion in the streets; to foster the orderly layout
and use of land; to ensure safety from fire, flooding, panic and other
dangers; to provide optimum light and air; to discourage overcrowding
of the land; to lessen concentration of population; to facilitate
adequate provision of transportation, public water and sewerage, schools,
parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
This chapter is made with the reasonable consideration of, but not
limited to, the present character of the Village and its environs,
with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry and providing for the
most appropriate use of land in the Village.
The following definitions shall be applicable in this chapter:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the Village. It has a secondary function
of providing access to abutting land.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
The Plan Commission created by the Village Board pursuant
to § 62.23, Wis. Stats., if one is created.
A Comprehensive Plan prepared by the Village indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions change the title from a joint
tenancy to a tenancy in common or from a tenancy in common to a joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds. Said plat must
conform to all state laws.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets, easements and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building
line.
A street used or intended to be used primarily for fast or
heavy through traffic. Major streets shall include freeways, expressways
and other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major streets
and which provides access to abutting properties and protection from
traffic on the major street.
A street used, or intended to be used, primarily for access
to abutting properties.
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Village for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Village
Board for its consideration as to compliance with the Comprehensive
Plan and this chapter along with required supporting data.
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel, or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres or less in area
or where the act of division creates five or more parcels or building
sites by successive division within a period of five years, whether
done by the original owner or a successor owner.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.[1]
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
A.
Compliance. No person shall divide any land located within the jurisdictional
limits of this chapter which results in a subdivision, land division
or a replat as defined herein; no such subdivision, land division
or replat shall be entitled to record; and no street shall be laid
out or improvements made to land without compliance with all requirements
of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(2)
The rules contained in Ch. SPS 385, Wis. Adm. Code, for subdivisions
not served by public sewer.
(3)
The rules of the Wisconsin Department of Transportation contained
in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state
trunk highway or connecting street.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
B.
Jurisdiction. Jurisdiction of this chapter shall include all lands
within the corporate limits of the Village of Dane. The provisions
of this chapter, as they apply to divisions of tracts of land into
less than five parcels, shall not apply to:
(1)
Transfers of interests in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages or easements.
(3)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
C.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
Permits. No building permit shall be issued by the Village authorizing
the building on or improvement of any parcel of land not on record
as of the effective date of this chapter until the provisions and
requirements of this chapter have been met.
E.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the Village's jurisdiction, pursuant
to § 703.27(1), Wis. Stats. For purposes of this chapter,
a condominium unit and any associated limited common elements shall
be deemed to be equivalent to a lot or parcel created by the act of
subdivision.
A.
Purpose.
(1)
The Village Board hereby finds that certain issues arise in condominium
developments that require limited applicability of this chapter to
condominium developments. The State Legislature has recognized that
subdivision ordinances may apply to condominiums but that subdivision
ordinances shall not impose burdens upon condominiums that are different
from those imposed on other property of a similar character not subject
to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a condominium development
is the creation of multiple, distinct property entities at or near
the ground surface, subject to property taxation as separate parcels,
with each property entity having different ownership and management.
The Village of Dane determines that this factor makes a condominium
development dissimilar, both physically and in ownership, from developments
in which the land and improvements are under unitary ownership, management
and control.
(3)
Thus, the Village Board hereby finds that new condominium developments
can place impacts on community resources in the same manner as other
new developments which are characterized by division of land into
lots. These impacts include:
B.
Portions of chapter applicable to condominium developments. The following
sections of this chapter shall apply to condominium developments:
(1)
Sections 463-5 and 463-6, relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 463-6 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
C.
Exceptions. This section shall not apply to the following condominiums:
A.
Preliminary meetings. Before filing a preliminary plat or certified
survey, the subdivider is encouraged to consult with the Village Board
for advice regarding general subdivision requirements. The subdivider
shall also submit a location map showing the relationship of the proposed
subdivision to traffic arteries and existing community facilities.
This consultation is neither formal nor mandatory but is intended
to inform the subdivider of the purpose and objectives of this chapter,
the Comprehensive Plan, Comprehensive Plan components and duly adopted
plan implementation devices of the Village and to otherwise assist
the subdivider in planning his development. In so doing, both the
subdivider and planning agency may reach mutual conclusions regarding
the general program and objectives of the proposed development and
its possible effects on the neighborhood and community. The subdivider
will gain a better understanding of the subsequent required procedures.
B.
Preliminary plat review within the Village.
(1)
Submission. Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and a letter of application. The
preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file an adequate number of copies of the
plat and the application as required by this section with the Village
Clerk-Treasurer at least 10 days prior to the meeting of the Village
Board at which action is desired. The Village Clerk-Treasurer shall
submit a copy of the preliminary plat to the Village Engineer for
review and written report of his recommendations and reactions to
the proposed plat.
(2)
Public improvements, plans and specifications. Simultaneously with
the filing of the preliminary plat or map, the owner shall file with
the Village Clerk-Treasurer 15 complete sets of preliminary plans
and specifications for the construction of any public improvements
required by this chapter.
(3)
Property owners' association. The Village Board may require submission
of a draft of the legal instruments and rules for proposed property
owners' associations when the subdivider proposes that common property
within a subdivision would be either owned or maintained by such an
organization of property owners.
(4)
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he has fully complied
with the provisions of this chapter.
(5)
Supplementary data to be filed with preliminary plat. The following
shall also be filed with the preliminary plat:
(a)
A statement of the proposed use of lots, stating types of residential
buildings with number of proposed dwelling units and types of business
or industry, so as to reveal the effect of the development on traffic,
fire hazards and congestion of population;
(b)
If any zoning changes are contemplated, the proposed zoning
plan for the area, including dimensions; and
(c)
Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Village Board may require
that the subdivider submit a preliminary plat of the remainder of
the property so as to show the possible relationships between the
proposed subdivision and future subdivision. In any event, all subdivisions
must be shown to relate well with existing or potential adjacent subdivisions.
(6)
Referral to other agencies. The developer shall, within two days
after filing, transmit four copies to the County Planning Agency,
two copies to the Department of Administration, additional copies
to the Department of Administration for retransmission of two copies
each to the Wisconsin Department of Transportation if the subdivision
abuts or adjoins a state trunk highway or a connecting street and
the Wisconsin Department of Safety and Professional Services if the
subdivision is not served by the public sewer and provision for such
service has not been made, and an adequate number of copies to the
Village Board. The County Planning Agency, the Wisconsin Department
of Administration, the Wisconsin Department of Transportation and
the Wisconsin Department of Safety and Professional Services shall
be hereinafter referred to as "objecting agencies."[1]
(7)
Drafting standards. The subdivider shall submit to the Village Clerk-Treasurer
and to those agencies having the authority to object to plats under
provisions in Ch. 236, Wis. Stats., copies of a preliminary plat (or
certified survey) based upon an accurate exterior boundary survey
by a registered land surveyor, which shall show clearly the proposed
subdivision at a scale of not more than one inch per 100 feet having
two-foot contour intervals, shall identify the improvements (grading,
tree planting, paving, installation of facilities and dedications
of land), easements which the subdivider proposes to make and shall
indicate by accompanying letter when the improvements will be provided.
Any proposed restrictive covenants for the land involved shall be
submitted.
C.
Preliminary plat approval within the Village.
(1)
The Village Board shall, within 90 days of the date the preliminary
plat was filed with the Village Clerk-Treasurer, approve, approve
conditionally or reject such plat and shall state, in writing, any
conditions of approval or reasons for rejection, unless the time is
extended by written agreement by the subdivider. Failure of the Village
Board to act within 90 days or extension thereof shall constitute
an approval of the preliminary plat, unless other authorized agencies
object to the plat. The Village Clerk-Treasurer shall communicate
to the subdivider the action of the Village Board.[2]
(2)
Approval or conditional approval of a preliminary plat shall not
constitute automatic approval of the final plat. If the final plat
conforms substantially to the preliminary plat as approved, including
any conditions of that approval, and to the local plans and ordinances
adopted as authorized by law, it is entitled to approval. If the final
plat is not submitted within 36 months after the last required approval
of the preliminary plat, any approving authority may refuse to approve
the final plat or may extend the time for submission of the final
plat. The final plat may, if permitted by the Village Board, constitute
only that portion of the approved preliminary plat that the subdivider
proposes to record at that time. Conditional approval may be granted
subject to satisfactory compliance with pertinent provisions of this
chapter and Ch. 236, Wis. Stats.
[Amended 12-2-2010 by Ord. No. 2010-04]
(3)
Should the subdivider desire to amend the preliminary plat as approved,
he may resubmit the amended plat, which shall follow the same procedure,
except for the hearing and fee, unless the amendment is, in the opinion
of the Village Board, of such scope as to constitute a new plat, in
which such case it shall be refiled.
D.
Final plat review.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file copies of the plat
and the application with the Village Clerk-Treasurer at least 10 days
prior to the meeting of the Village Board at which action is desired.
The owner or subdivider shall file 10 copies of the final plat not
later than 36 months after the date of approval of the preliminary
plat; otherwise, the preliminary plat and final plat will be considered
void unless an extension is requested in writing by the subdivider
and for good cause granted by the Village. The owner or subdivider
shall also submit at this time a current certified abstract of title
or registered property report and such other evidence as the Village
Attorney may require showing title or control in the applicant. The
Clerk-Treasurer shall forward a copy of the final plat to the Plan
Commission for its recommendation.[3]
(2)
The subdivider shall, within two days after filing, transmit four
copies to the County Planning Agency, two copies to the Department
of Administration, additional copies to the Department of Administration
for retransmission of two copies each to the Wisconsin Department
of Transportation if the subdivision abuts or adjoins a state trunk
highway or a connecting street and the Wisconsin Department of Safety
and Professional Services if the subdivision is not served by a public
sewer and provision for service has not been made, and the original
final plat and adequate copies to the Village Board. The County Planning
Agency, the Department of Administration, the Wisconsin Department
of Transportation, and the Wisconsin Department of Safety and Professional
Services shall be hereinafter referred to as "objecting agencies."[4]
(3)
The final plat shall conform to the preliminary plat as approved
and to the requirements of all applicable ordinances and state laws
and shall be submitted for certification of those agencies having
the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(4)
Simultaneously with the filing of the final plat or map, the owner
shall file with the Village Clerk-Treasurer 10 copies of the final
plans and specifications of public improvements required by this chapter.
(5)
The subdivider shall refer six copies of the final plat to the Village
Board, one copy to the Engineer, and a copy each to the telephone
and power and other utility companies. The abstract of title or registered
property report shall be referred to the Attorney for his examination
and report. The Village Clerk-Treasurer shall also refer the final
plans and specifications of public improvements to the Village Engineer
for review. The recommendations of the Village Engineer shall be made
within 30 days of the filing of the final plat. The Village Engineer
shall examine the plat or map and final plans and specifications of
public improvements for technical details and, if he finds them satisfactory,
shall so certify in writing to the Village Board. If the plat or map
or the plans and specifications are not satisfactory, the Village
Engineer shall return them to the owner and so advise the Village
Board.
(6)
The Village Board 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 ordinances, rules, regulations,
Comprehensive Plans and Comprehensive Plan components which may affect
it.
E.
Partial platting. The final plat may, if permitted by the Village
Board, constitute only that portion of the approved preliminary plat
which the subdivider proposes to record at the time.
F.
Final plat approval.
(1)
The objecting agencies shall, within 20 days of the date of receiving
their copies of the final plat, notify the subdivider 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 of the plat
and shall return that copy to the Village Board. If an objecting agency
fails to act within 20 days, or the Department of Administration fails
to act within 30 days, it shall be deemed to have no objection to
the plat.[5]
(2)
If the final plat is not submitted within 36 months of the last required
approval of the preliminary plat, the Village Board may refuse to
approve the final plat.
[Amended 12-2-2010 by Ord. No. 2010-04]
(3)
The Village Board shall, within 60 days of the date of filing the
original final plat with the Village Clerk-Treasurer, approve or reject
such plat, unless the time is extended by agreement with the subdivider.
As part of the final plat approval process, a professional engineer,
a planner or another person charged with the responsibility to review
plats shall provide the Village Board with his or her conclusions
as to whether the final plat conforms substantially to the preliminary
plat and with his or her recommendation on approval of the final plat.
The conclusions and recommendations shall be made part of the record
of the proceeding at which the final plat is being considered and
are not required to be submitted in writing.
[Amended 12-2-2010 by Ord. No. 2010-04]
(4)
If the Village Board fails to act within 60 days, the time having
not been extended and no unsatisfied objections having been filed,
the plat shall be deemed approved.
(5)
After the final plat has been approved by the Village Board and required
improvements either installed or a contract and sureties insuring
their installation is filed, the Village Clerk-Treasurer shall cause
the certificate inscribed upon the plat attesting to such approval
to be duly executed and the plat returned to the subdivider for recording
with the County Register of Deeds.[6]
G.
Recording of plats or certified surveys. Plats approved by the Village
Board of the Village of Dane must be recorded, together with the adopting
resolution, with the Dane County Register of Deeds office within 12
months after the date of last approval of the plat and within 36 months
after the first approval. Certified surveys approved by the Village
Board of the Village of Dane must be recorded, together with the adopting
resolution, with the Dane County Register of Deeds within six months
of the date of the last resolution of preliminary approval and within
24 months following the date of the first resolution of approval.
Land divisions shall not be recognized by the Village until recorded
with the Register of Deeds. The volume, page, and document numbers
of the recording shall be filed with the Village Clerk-Treasurer and
Building Inspector prior to issuance of any permits. The subdivider
shall file one full-size and one reduced-sized 8 1/2 inch by
11 inch certified copy of the approved land division with the Village
Clerk-Treasurer.
[Amended 12-2-2010 by Ord. No. 2010-04[8]]
A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a registered land surveyor and
the plat prepared on tracing cloth or paper of good quality at a scale
of not more than 100 feet to the inch and shall show correctly on
its face the following information:
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of the proposed subdivision by government lot, quarter section,
township, range, county and state.
(3)
Date, scale and North point.
(4)
Names and addresses of the owner, subdivider and land surveyor preparing
the plat.
(5)
Entire area contiguous to the proposed plat owned or controlled by
the subdivider shall be included on the preliminary plat, even though
only a portion of said area is proposed for immediate development.
The Village Board may waive this requirement where it is unnecessary
to fulfill the purposes and intent of this chapter and undue hardship
would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the United States
Public Land Survey and the total acreage encompassed thereby.
(2)
Locations of all existing property boundary lines, structures, drives,
streams and watercourses, marshes, rock outcrops, wooded areas, railroad
tracks and other significant features within the tract being subdivided
or immediately adjacent thereto.
(3)
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.
(4)
Location and names of any adjacent subdivisions, parks and cemeteries
and owners of record of abutting unplatted lands.
(5)
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.
(6)
Location, size and invert elevation of any existing sanitary or storm
sewers, culverts and drainpipes, the location of manholes, catch basins,
hydrants, electric and communications facilities, whether overhead
or underground, 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 sewers or water mains are located on or immediately
adjacent to the tract, the nearest such sewers or water mains which
might be extended to serve the tract shall be indicated by the direction
and distance from the tract, size and invert elevations.
(7)
Corporate limit lines within the exterior boundaries of the plat
or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior boundaries of the plat and extending
to the center line of adjacent public streets to national map accuracy
standards based upon mean sea level datum at vertical intervals of
not more than two feet. At least two permanent bench marks shall be
located in the immediate vicinity of the plat; the location of the
bench marks shall be indicated on the plat, together with their elevations
referenced to mean sea level datum and the monumentation of the bench
marks clearly and completely described. Where, in the judgment of
the Village Board, undue hardship would result because of the remoteness
of the parcel from a mean sea level reference elevation, another datum
may be used.
(10)
High-water elevation of all ponds, streams, lakes, flowages
and wetlands within the exterior boundaries of the plat or located
within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes, flowages and wetlands
within the exterior boundaries of the plat or located within 100 feet
therefrom at the date of the survey.
(12)
Floodland and shoreland boundaries 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, two
feet above the elevation of the maximum flood of record within the
exterior boundaries of the plat or within 100 feet therefrom.
(14)
Location and results of percolation tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, where the subdivision will not be served by public sanitary
sewer service.
(15)
Location, width and names of all proposed streets and public
rights-of-way such as alleys and easements.
(16)
Approximate dimensions of all lots, together with proposed lot
and block numbers.
(17)
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, drainageways or other public
use or which are to be used for group housing, shopping centers, church
sites or other nonpublic uses not requiring lotting.
(18)
Approximate radii of all curves.
(19)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
(21)
Where the Village Board finds that it requires additional information
relative to a particular problem presented by a proposed development
in order to review the preliminary plat, it shall have the authority
to request in writing such information from the subdivider.
A.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in Subsections A through F of § 463-5.
B.
The Village Clerk-Treasurer shall schedule a public hearing before
the Plan Commission when a preliminary plat of a replat of lands within
the Village 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 200 feet of the exterior boundaries
of the proposed replat.
When it is proposed to divide land into two parcels or building
sites, any one of which is less than five acres, or when it is proposed
to divide a block, lot or outlot into not more than four parcels or
building sites within a recorded subdivision plat without changing
the exterior boundaries of the block, lot or outlot, the subdivider
shall subdivide by use of a certified survey map prepared in accordance
with § 236.34, Wis. Stats., and this section.
A.
Submission.
The subdivider may consult with the Village Board regarding the requirements
for minor subdivision certified surveys before submission of the final
map. Following consultation, a copy of the final map in the form of
a certified survey map shall be submitted to the Village.
B.
Proposed
layout. The Village Board may require a proposed subdivision layout
of all or part of the contiguously owned land, even though division
is not planned at the time.
C.
Certified
survey. The following procedures shall be followed with certified
surveys:[1]
(1)
The subdivider shall cause a certified survey map to be prepared
in accordance with § 236.34, Wis. Stats., and this chapter
and submit 10 copies to the Village Clerk-Treasurer. The map shall
be reviewed by the Village Board for conformance with this chapter
and all ordinances, rules, regulations, Comprehensive Plans and Comprehensive
Plan components which affect it. The Village Board shall approve,
approve conditionally or reject such map within 90 days from the date
of filing of the map, unless the time is extended by agreement with
the subdivider. If the map is rejected, the reason shall be stated
in the minutes of the meeting and a written statement forwarded to
the subdivider.
D.
Requirements.
To the extent reasonably practicable, the certified survey/minor subdivision
plat shall comply with the provisions of this chapter relating to
general requirements, design standards and required improvements.
Conveyance by metes and bounds shall be prohibited where the lot(s)
involved is less than 1 1/2 acres or 300 feet in width.
A.
Compliance with statutes. In laying out a subdivision, the owner
shall conform to the provisions of Ch. 236, Wis. Stats., and all applicable
Code sections. In all cases where the requirements of this chapter
are different from the requirements of Ch. 236, Wis. Stats., the more
restrictive provision shall apply.
B.
Dedication. The subdivider shall dedicate land and improve streets
as provided in this chapter. Streets shall be located with due regard
for topographical conditions, natural features, existing and proposed
streets, utilities and land uses and public convenience and safety.
Streets shall conform to the Official Map of the Village.
C.
Sufficient frontage. All lots shall have sufficient frontage on a
public street to allow access by emergency and service motor vehicles.
D.
Compliance with Comprehensive Plan. The arrangement, character, extent,
width, grade and location of all streets shall conform to the Village's
Comprehensive Plan and to this chapter and shall be considered in
their relation to existing and planned streets, to reasonable circulation
of traffic, to topographical conditions, to runoff of stormwater,
to public convenience and safety, and in their appropriate relation
to the proposed uses of the land to be served by such streets. The
arrangement of streets in new subdivisions shall make provision for
the appropriate continuation at the same width of the existing streets
in adjoining areas.
E.
Areas not covered by Comprehensive Plan. In areas not covered by
the Comprehensive Plan, the layout of streets shall conform to the
plan for the most advantageous development of adjoining areas of the
neighborhood. Streets shall be designed and located in relation to
existing and officially planned streets, topography and natural terrain,
streams and lakes and existing tree growth, public convenience and
safety and in their appropriate relation to the proposed use of the
land to be served by such streets.
F.
Street classifications. Streets shall be classified as indicated
below:
(1)
Arterial streets. Arterial streets shall be arranged to provide through
traffic for a heavy volume of vehicles.
(2)
Collector streets. 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 special traffic generators such as schools, churches
and shopping centers and other concentrations of population and to
the major streets into which they feed.
(3)
Minor streets. Minor streets shall be arranged to conform to the
topography, to discourage use by through traffic, to permit the design
of efficient storm and sanitary sewerage systems and to require the
minimum street area necessary to provide safe and convenient access
to abutting property.[1]
(4)
Reserve strips. 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 Board.
G.
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the Village of Dane must also comply with the
minimum town road standards of § 82.50, Wis. Stats.
H.
Continuation. Streets shall be laid out to provide for possible continuation
wherever topographic and other physical conditions permit. Provision
shall be made so that all proposed streets shall have a direct connection
with, or be continuous and in line with, existing, planned or platted
streets with which they are to connect. Proposed streets shall be
extended to the boundary lines of the tract to be subdivided, unless
prevented by topography or other physical conditions, or unless, in
the opinion of the Village Board, such extension is not necessary
or desirable for the coordination of the layout of the subdivision
with existing layout or the most advantageous future development of
adjacent tracts. Dead-end streets not over 500 feet in length will
be approved when necessitated by the topography.
I.
Minor streets. Minor streets shall be so laid out as to discourage
their use by through traffic.
J.
Number of intersections. The number of intersections of minor streets
with major streets shall be reduced to the practical minimum consistent
with circulation needs and safety requirements.
K.
Frontage roads. Where a subdivision abuts or contains an existing
or proposed arterial highway, the Village Board may require a frontage
road, nonaccess reservation along the rear of the property contiguous
to such highway or such other treatment as may be necessary to ensure
safe, efficient traffic flow and adequate protection of residential
properties.
L.
Arterial street and highway protection. Whenever the proposed subdivision
contains or is adjacent to a major street or highway, adequate protection
of residential properties, limitation of access and separation of
through and local traffic shall be provided by reverse frontage, with
screen planting contained in a nonaccess reservation along the rear
property line, or by the use of frontage streets.
M.
Private streets. Private streets shall not be approved, nor shall
public improvements be approved for any private street; all streets
shall be dedicated for public use.
N.
Visibility. Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
O.
Tangents. A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets.
P.
Street grades.
(1)
Q.
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 said center line of not less than
the following:
R.
Vertical curves. All changes in street grades shall be connected
by vertical curves of a minimum length in feet equivalent to 30 times
the algebraic difference in grade for major streets and 20 times this
algebraic difference for all other streets.
S.
Half streets. Where a half street is adjacent to the subdivision,
the other half street shall be dedicated by the subdivider.
T.
Intersections.
(1)
Property lines at street intersections of major streets shall be
rounded with a radius of 15 feet or of a greater radius where the
Village Board considers it necessary.
(2)
Provisions of Chapter 520, Zoning, with respect to traffic visibility at street intersections shall also apply here.
(3)
Streets shall intersect each other at as nearly right angles as topography
and other limiting factors of good design permit.
(4)
Number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
U.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial districts,
except that the Village Board may waive this requirement where other
definite and assured provisions are made for service access, such
as off-street loading and parking, consistent with and adequate for
the uses proposed. No alleys shall connect with a major street. Alleys
in residential areas other than those zoned for multifamily use shall
not be permitted. The width of alleys shall be no less than 21 feet.[4]
(2)
Dead-end alleys are prohibited.
V.
Street names. New street names shall not duplicate the names of existing
streets, but streets that are continuations of others already in existence
and named shall bear the names of the existing streets. Street names
shall be subject to approval by the Village Board.
W.
Street design standards.
(1)
Standards. The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified in § 463-15.
(2)
Culs-de-sac. Cul-de-sac streets designed to have one end permanently
closed shall not exceed 500 feet in length. All cul-de-sac streets
designed to have one end permanently closed shall terminate in a circular
turnaround having a minimum right-of-way radius of 60 feet and a minimum
inside curb radius of 40 feet.
(3)
Temporary dead-ends or culs-de-sac. All temporary dead-ends shall
have a maximum length of 800 feet, and a temporary cul-de-sac shall
have a minimum right-of-way radius of 60 feet and a minimum inside
curb radius of 40 feet.
X.
Limited-access highway and railroad right-of-way treatment. Whenever
the proposed subdivision contains or is adjacent to a limited-access
highway or railroad right-of-way, the design shall provide the following
treatment:
(1)
Subdivision lots. When lots within the proposed subdivision back
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. This strip shall be 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, the building
of structures hereon prohibited."
(2)
Commercial and industrial districts. Commercial and industrial districts
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. Streets parallel to
a limited-access highway or railroad right-of-way, when intersecting
a major street and highway or collector street which crosses said
railroad or highway, shall be located at a minimum distance of 250
feet from said 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. Minor streets immediately adjacent and parallel to
railroad rights-of-way shall be avoided, and location of minor streets
immediately adjacent to arterial streets and highways and to railroad
rights-of-way shall be avoided in residential areas.
A.
Length; arrangement. The lengths, widths and shapes of blocks shall
be appropriate for the topography and the type of development contemplated,
but block length in residential areas shall not exceed 1,200 feet
nor have less than sufficient width to provide for two tiers of lots
of appropriate depth between street lines. As a general rule, blocks
shall not be less than 500 feet in length. A block shall be so designated
as to provide two tiers of lots, unless it adjoins a railroad, major
street, river or park where it may have a single tier of lots.
B.
Pedestrian pathways. Pedestrian pathways, not less than 12 feet wide,
may be required by the Village Board through the center of a block
more than 900 feet long, where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation
and other community facilities.
C.
Trees. The Village Board may require that certain species of trees
be planted on both sides of all streets. Street trees, when planted,
shall not be less than 50 feet apart, with a minimum of one per lot.
They should preferably be placed six to 20 feet inside the property
line rather than in the boulevard. The minimum size and type to be
planted shall conform to the provisions of applicable ordinances.
A.
Size, shape and orientation of lots shall be appropriate for the location of topography of the subdivision and for the type of development contemplated, provided that no lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 520, Zoning.
B.
Lot dimensions and setbacks shall conform to the requirements of Chapter 520, Zoning, for the appropriate district in which the property is located.
C.
Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 520, Zoning.
D.
Residential lots fronting on major streets and highways shall be
platted with extra depth or design to alleviate the effect of major
street traffic on residential occupancy.
E.
Corner lots for residential use shall have extra width to permit building setback from both streets, as required by Chapter 520, Zoning.
F.
Every lot shall abut or face a public street. Lots outside the corporate
limits may abut or face a private street, if permitted by the Village
Board.
G.
Side lot lines shall be substantially at right angles to abutting
street lines.
H.
In case a tract is divided into parcels of more than 1 1/2 acres in area, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 520, Zoning.
I.
Double frontage and reversed frontage lots shall be avoided except
where necessary to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.
J.
In the subdividing of any land, regard shall be shown for all natural
features, such as tree growth, watercourses, historic spots or similar
conditions which, if preserved, will add attractiveness and stability
to the proposed development.
K.
All remnants of lots below minimum size left over after subdividing
of a larger tract must be added to adjacent lots or a plan shown as
to future use rather than allowed to remain as unusable parcels.
L.
In the case where a proposed plat is adjacent to a limited-access
highway, other major highway or street, there shall be no direct vehicular
access from individual lots to such streets and roads. In the platting
of small tracts of land fronting on limited-access highways or streets
where there is no other alternative, a temporary entrance may be granted;
as neighboring land becomes subdivided and more preferable access
arrangements become possible, such temporary access permits shall
become void.
A.
Drainage system required. A drainage system shall be designed and
constructed by the subdivider to provide for the proper drainage of
the surface water of the subdivision and the drainage area of which
it is a part. A final plat shall not be approved until the subdivider
shall submit plans, profiles and specifications as specified in this
section, which have been prepared by a registered professional engineer
and approved by the Village Engineer.
B.
Drainage system plans.
(1)
The subdivider shall submit to the Village Engineer and Village Board
a report on the ability of existing watercourse channels, storm sewers,
culverts and other improvements pertaining to drainage or flood control
within the subdivision to handle the additional runoff which would
be generated by the development of the land within the subdivision.
Additional information shall be submitted to adequately indicate that
provision has been made for disposal of surface water without any
damage to the developed or undeveloped land downstream or below the
proposed subdivision. The report shall also include:
(2)
A grading plan for the streets, blocks and lots shall be submitted
by the subdivider for the area within the subdivision.
(3)
The design criteria for storm drainage systems shall be based upon
information provided by the Village Engineer.
(4)
Material and construction specifications for all drainage projects
(i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with
specifications provided by the Village Board or Village Engineer.
C.
Grading. The subdivider shall grade each subdivision in order to
establish street, block and lot grades in proper relation to each
other and to topography as follows:
(1)
The subdivider shall grade the full width of the right-of-way of
all proposed streets in accordance with the approved plans.
(2)
Block grading shall be completed by one or more of the following
methods:
(a)
A ridge may be constructed along the rear lot lines which provides
for drainage onto the streets.
(b)
Parts of all lots may be graded to provide for drainage to the
street or to a ditch along the rear lot line.
(c)
Draining across rear or side lot lines may be permitted, provided
that drainage onto adjoining properties is skillfully controlled.
D.
Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.
(1)
Street drainage. All streets shall be provided with an adequate storm
drainage system. The street storm system shall serve as the primary
drainage system and shall be designed to carry street, adjacent land
and building stormwater drainage. No stormwater shall be permitted
to be run into the sanitary sewer system within the proposed subdivision.
(2)
Off-street drainage. The design of the off-street drainage system
shall include the watershed affecting the subdivision and shall be
extended to a watercourse or ditch adequate to receive the storm drainage.
When the drainage system is outside of the street right-of-way, the
subdivider shall make provisions for dedicating an easement of the
Village to provide for the future maintenance of said system. Easements
shall be a minimum of 20 feet, but the Village may require larger
easements if more area is needed due to topography, size of watercourse,
etc.
E.
Protection of drainage systems. The subdivider shall adequately protect
all ditches to the satisfaction of the Village Engineer. Ditches and
open channels shall be seeded, sodded or paved depending upon grades
and soil types. (Generally, ditches or channels with grades up to
1% shall be seeded, those with grades up to 4% shall be sodded, and
those with grades over 4% shall be paved.)
F.
Drainage easements.
(1)
Where a land division is traversed by a watercourse, drainageway,
channel or stream:
(a)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section; or
(b)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
assured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(2)
Wherever possible, drainage shall be maintained in an easement by
an open channel with landscaped banks and adequate width for maximum
potential volume flow. In all cases, such easements shall be of a
minimum width established at the high-water mark or, in the absence
of such specification, not less than 30 feet.
G.
Dedication of drainageways. Whenever a parcel is to be subdivided
or consolidated and embraces any part of a drainageway identified
on a Village comprehensive stormwater management plan, Comprehensive
Plan and/or Official Map, or any portion thereof, such part of said
existing or proposed public drainageway shall be platted and dedicated
by the subdivider as an easement or right-of-way in the location and
at the size indicated, along with all other streets and public ways
in the land division. Whenever any parcel is to be subdivided or consolidated
and is part of a drainage district established under the authority
of Ch. 88, Wis. Stats., the subdivider shall petition the Circuit
Court to transfer the jurisdiction of that portion of the drainage
district being subdivided or consolidated to the Village in accordance
with § 88.83, Wis. Stats.
H.
Dedication/preservation of stormwater management facilities. The
subdivider shall dedicate sufficient land area for the storage of
stormwater to meet the needs to be created by the proposed land development
and in accordance with the standards for on-site detention and as
determined by the Village Engineer. Whenever a proposed stormwater
management facility (e.g., detention or retention basin) shown on
the comprehensive stormwater management plan, Comprehensive Plan and/or
Official Map is located, in whole or in part, within the proposed
land division, ground areas for providing the required storage capacity
in such proposed public facility shall be dedicated to the public
to the requirements of the Comprehensive Plan and/or Official Map.
Storage areas necessary to serve areas outside the land division shall
be held in reserve for a period of five years from the date of final
plat approval for future dedication to the Village or other appropriate
agency.
I.
Storm drainage facilities. The subdivider, at his cost, shall install
all drainage facilities identified in the erosion control plan or
determined by the Village Engineer as being necessary for the management
of all lands and roadways within the development. In addition, drainage
capacity through the development from other areas shall be provided
in accordance with a comprehensive surface water management study,
if applicable. All required storm drainage facilities shall be constructed
and operational prior to acceptance of any dedications and/or public
improvements served by the storm drainage facilities.
J.
Minor drainage system. The subdivider shall install all minor drainage
system components necessary to reduce inconvenience and damages from
frequent storms. Minor drainage components shall include all inlets,
piping, gutters, channels, ditching, pumping and other facilities
designed to accommodate the post-development runoff resulting from
a five-year, twenty-four-hour rainfall (ten-year, twenty-four-hour
rainfall for commercial zoning districts) event as determined in the
most current edition of the National Resources Conservation Service
Technical Release 55 (TR 55). Temporary accumulations of storm runoff
from ponding or flowing water, in or near minor system components,
shall be permitted, providing such accumulations do not allow the
water to flow across the crown of the street from one side to the
other. For arterial streets and streets located in commercial districts,
ponding within normal traffic lanes (10 feet on each side of the center
line of the street) is prohibited. In drainageways and drainageway
easements, accumulations of water shall not inundate beyond the limits
of the drainageway or drainageway easement. Cross-street drainage
channels (valley gutters) shall not be permitted except on cul-de-sac
or permanent dead-end streets serving fewer than 10 dwelling units
and where the minimum grade in the valley gutter and street gutter
between the valley gutter and the next downstream drainage inlet is
not less than 1%.[1]
K.
Major drainage system. The subdivider shall install all major drainage
system components necessary to reduce inconvenience and damages from
infrequent storms. Major system components shall include large channels
and drainageways, streets, easements and other paths and shall be
capable of accommodating post-development runoff in excess of that
accommodated by minor system components resulting from twenty-four-hour
rainfall events for storms with return frequencies greater than two
years up to and including the one-hundred-year return event (as identified
in TR 55). Runoff resulting from a one-hundred-year, twenty-four-hour
rainfall event shall be contained within the street right-of-way.
L.
Drainage piping systems.
(1)
Unless otherwise approved by the Village Engineer, all drainage piping
of 12 inches diameter and greater in street rights-of-way shall be
constructed of Class III reinforced concrete pipe. Piping materials
outside of rights-of-way shall be subject to approval of the Village
Engineer. All storm sewer outlets shall be equipped with steel bar
or iron pipe debris gates.
(2)
Agricultural drain tiles which are disturbed during construction
shall be restored, reconnected or connected to public storm drainage
facilities.
M.
Open channel systems.
(1)
Where open channels are utilized in either the minor or major drainage
system, they shall be designed so as to minimize maintenance requirements
and maximize safety. Drainage easements (in lieu of dedications) shall
be utilized to accommodate open channels providing adequate access
by the Village for maintenance of drainage capacity. Side slopes shall
not exceed a slope of 4:1. Drainageways, where subject to high groundwater,
continuous flows, or other conditions as determined by the Village
Engineer that would hamper maintenance operations due to consistently
wet conditions, shall have a paved concrete invert of not less than
eight feet wide and side slopes to a point one foot above the channel
invert.
(2)
In areas where invert paving is not required, the drainageway bottom
shall be grass. If the drainageway has a bare soil bottom or the natural
grasses in the drainageway are disturbed due to development operations,
the drainageway bottom shall be sodded and securely staked to one
foot above the elevation of inundation resulting from a predevelopment
five-year, twenty-four-hour storm event. Other disturbed areas shall
be seeded and prepared in accordance with erosion control requirements.
Velocities for grass-lined channels shall not exceed those presented
in the Village's surface water management study, if one is adopted.
N.
Standards for on-site detention storage. When the subdivider employs
on-site detention to control erosion and sedimentation, reduce the
post-development peak runoff rate or temporarily store stormwater
runoff due to inadequate downstream drainage facilities, the detention
(storage) facilities shall be subject to regulation in accordance
with the following standards:
(1)
Where on-site detention is temporarily employed for erosion and sedimentation
control, the detention facilities shall safely contain the predevelopment
runoff from a five-year storm event of twenty-four-hour duration.
(2)
Where on-site detention is permanently employed to reduce the post-development
peak runoff, the detention facility shall safely contain the post-development
runoff from a twenty-five-year storm event of twenty-four-hour duration
within the limits of the facility.
(3)
Post-development peak runoff rates shall be limited to predevelopment
levels, up to and including twenty-five-year return period storms.
(4)
All detention facilities shall safely contain or pass the runoff
from any storm of any duration which exceeds the maximum storm required
to be contained up to the one-hundred-year storm event of twenty-four-hour
duration.
(5)
All permanent detention facilities shall safely contain the runoff
from the one-hundred-year storm event of twenty-four-hour duration
on both public and, if necessary, private properties without inundating
any building at the ground elevation, the travel lanes of any arterial
street, the center 10 feet of any collector street or the top of the
curb on any local street.
(6)
Determination of on-site detention volumes shall be computed by procedures
established by the United States National Resources Conservation Service
in the most current edition of its technical publication entitled
"Urban Hydrology for Small Watersheds, TR-55," and as accepted and
approved by the Village Engineer.[2]
(7)
The storage of stormwater runoff shall not encroach on any public
park (except parks designed with detention facilities) or any private
lands outside the land division unless an easement providing for such
storage has been approved and recorded for said lands.
(8)
All detention facilities shall be designed with the safety of the
general public and any considerations for ease of maintenance as top
proprieties.
(9)
Any wet detention facilities shall include riprap to not less than
two feet above the normal pool elevation for protection from wave
action.
(10)
The sides of all detention facilities shall have a maximum slope
ratio of 4:1 (horizontal to vertical), with flatter slopes being required
where determined practical by the Village Engineer.
(11)
The Village Board, upon recommendation by the Village Engineer,
may require the installation of fencing or other such security measures
in detention facilities with excessively long down times or permanent
water features or other features requiring additional security for
safety reasons.
(12)
The maximum depth of a detention pond shall be two feet and
shall be protected, if required by the Village, by fencing according
to specifications by the Village Engineer.
A.
Design capacity. All improvements shall be installed to satisfy the
service requirements for the service or drainage area in which the
subdivision is located, and the improvements shall be of sufficient
capacity to handle the expected development of the overall service
or drainage area involved.
B.
Extra-size improvements. Where improvements in excess of the size
needed to serve just the proposed subdivision are required, the subdivider
shall pay for the total cost of improvements he is required to install
to serve his subdivision. The additional costs which result from the
extra-size improvement shall be paid for by the Village. Thus, when
conditions within the whole drainage area will require an eighteen-inch
sanitary sewer, for example, and a twelve-inch sewer will adequately
serve the subdivision involved, the subdivider shall construct the
eighteen-inch utility and bill the Village for the difference in material
costs between a twelve-inch and eighteen-inch sewer pipe.
C.
Off-site extensions. When streets or utilities are not available
at the boundary of the proposed subdivision, the Village, or its duly
authorized representative, shall require, as a prerequisite to approval
of a final plat, assurances that such improvement extensions shall
be provided as follows:
(1)
Extensions of utilities onto the property involved shall be adequate
to serve the total development requirements of the service or drainage
area. Utilities leaving the property shall be constructed in such
a manner as to make their extension practical for servicing the adjacent
areas of the service or drainage area.
(2)
If the Village, or its duly authorized representative, finds that
extensions across undeveloped areas would not be warranted as a special
assessment to the intervening properties or as a governmental expense
until some future time, the developer shall be required, if he wishes
to proceed with the development, to obtain necessary easements or
rights-of-way and construct and pay for such extensions. Such improvements
shall be available for connections by subdividers of adjoining land,
and the subdivider may contract with adjacent property owners and/or
subdividers of adjacent land for reimbursement of the oversize and/or
off-site improvements constructed.
D.
Where sanitary sewer lift stations and force mains are required to
lift sewage to the gravity system, the subdivider shall have plans,
profiles and specifications prepared for the installation of such
facilities. The installation, inspection, supervision and engineering
fees for lift stations and/or force mains shall be paid for by the
subdivider unless otherwise determined and agreed upon by the Village
Board.
A.
General.
(1)
If a proposed subdivision includes land that is zoned for commercial
or industrial purposes, the layout of the subdivision with respect
to such land shall make such provisions as the Village may require.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 520, Zoning. A nonresidential subdivision shall be subject to all the requirements of this chapter, as well as such additional standards required by the Village and shall conform to the proposed land use standards established by the Comprehensive Plan, Official Map and Chapter 520, Zoning.
B.
Standards. In addition to the principles and standards in this chapter,
which are appropriate to the planning of all subdivisions, the applicant
shall demonstrate to the satisfaction of the Village that the street,
parcel and block pattern proposed is specifically adapted to the uses
anticipated and takes into account other uses in the vicinity. The
following principles and standards shall be observed:
(1)
Proposed industrial parcels shall be suitable in area and dimensions
to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated to be generated thereupon.
(3)
Special requirements may be imposed by the Village with respect to
street, curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the Village with respect to
the installation of public utilities, including water, sewer and stormwater
drainage.
(5)
Every effort shall be made to protect adjacent residential areas
from potential nuisance from a proposed commercial or industrial subdivision,
including the provision of extra depth in parcels backing up on existing
or potential residential development and provisions for permanently
landscaped buffer strips when necessary.
(6)
Streets carrying nonresidential traffic, especially truck traffic,
shall not normally be extended to the boundaries of adjacent existing
or potential residential areas.
A.
General requirement.
(1)
The Village of Dane Board hereby requires that, as a condition of
final plat or certified survey approval, the subdivider agree to make
and install all public improvements reasonably necessary or that the
subdivider execute a surety bond or provide other security to ensure
that he or she will make those improvements within a reasonable time.
The subdivider may construct the project in such phases as the Village
Board approves, which approval may not be unreasonably withheld. If
the subdivider's project will be constructed in phases, the amount
of any surety bond or other security required by the Village Board
shall be limited to the phase of the project that is currently being
constructed. The Village Board may not require that the subdivider
provide any security for improvements sooner than is reasonably necessary
before the commencement of the installation of the improvements.
[Amended 12-2-2010 by Ord. No. 2010-04]
(2)
As a condition for the acceptance of dedication of public rights-of-way,
the Village requires that the public ways have been previously provided
with all necessary facilities constructed to Village specifications,
including, but not limited to, sewerage, storm drainage, water mains
and services, grading and improvement of the streets and other public
ways, sidewalks, street signing, streetlighting and such other facilities
required by the Village Board.
(3)
The improvements required herein shall be installed in accordance
with the standards of this chapter and any additional engineering
standards and specifications which have been adopted by the Village
Board and filed with the Village Clerk-Treasurer. Where standards
and specifications have not been adopted, the improvements shall be
made in accordance with good engineering practices.
B.
Guarantee for installation of required improvements.
(1)
Payment for installation of improvements. The required improvements
to be furnished and installed by the subdivider are listed and described
in this chapter. The Village will install streets and curb and gutter,
and the abutting property owner will be assessed for the cost of the
curb and gutter. For any project to be considered where there will
be Village financial involvement, the plat must be approved by November
1 of the year preceding the beginning of construction in order to
comply with budget process requirements; provided, however, that in
the case of an improvement, the cost of which would by general policy
be assessed only in part to the improved property and the remaining
cost paid out of general tax levy, provision may be made for payment
of a portion of the cost by the subdivider and the remaining portion
of the cost by the Village. If any improvement installed within the
subdivision will be of substantial benefit to land beyond the boundaries
of the subdivision, provision may be made for causing a portion of
the cost of the improvement, representing the benefit to such land,
to be assessed against the same, and in such case, the subdivider
will be required only to pay for such portion of the whole cost of
said improvement as will represent the benefit to the property within
the subdivision.[1]
(2)
Required agreement providing for proper installation of improvements.
(a)
Prior to installation of any required improvements and prior
to approval of the final plat, the subdivider shall enter into a written
contract with the Village requiring the subdivider to furnish and
construct said improvements at his sole cost and in accordance with
plans and specifications and usual contract conditions, which shall
include provision for supervision of details of construction by the
Village Engineer, and grant to the Engineer authority to correlate
the work to be done under said contract by any subcontractors authorized
to proceed thereunder with any other work being done or contracted
by the Village in the vicinity.
(b)
The agreement shall require the subdivider to make an escrow
deposit or, in lieu thereof, to furnish a performance bond or irrevocable
letter of credit, the amount of the deposit and the penal amount of
the bond to be equal to 125% of the Village Engineer's estimated total
cost of the improvements to be furnished under the contract, including
the cost of inspection.
(c)
On request of the subdivider, the contract may provide for completion
of part or all of the improvements covered thereby prior to acceptance
of the plat, and, in such event, the amount of the deposit or bond
shall be reduced in a sum equal to the estimated cost of the improvements
so completed prior to acceptance of the plat only. If the required
improvements are not complete within the specified period, all amounts
held under performance bond shall be turned over and delivered to
the Village and applied to the cost of the required improvements.
Any balance remaining after such improvements have been made shall
be returned to the owner or subdivider. The Village Board, at its
option, may extend the bond period for an additional period not to
exceed two years.
(d)
The time for completion of the work and the several parts thereof
shall be determined by the Village Board upon recommendation of the
Engineer after consultation with the subdivider.
(e)
The subdivider shall pay the Village for all costs incurred
by the Village for review and inspection of the subdivision. This
would include preparation and review of plans and specifications by
the Engineer, planner and Attorney, as well as other costs of a similar
nature.
C.
Procedure.
(1)
Construction plans and specifications. Construction plans for the
required improvements conforming in all respects with the standards
of the Village Engineer and the ordinances of the Village shall be
prepared at the subdivider's expense by a professional engineer who
is registered in the State of Wisconsin, and said plans shall contain
his seal. Such plans, together with the quantities of construction
items, shall be submitted to the Village Engineer for his approval
and for his estimate of the total cost of the required improvements;
upon approval, they shall become a part of the contract required.
Simultaneously with the filing of the preliminary plat with the Village
Clerk-Treasurer or as soon thereafter as practicable, copies of the
construction plans and specifications shall be furnished for the following
public improvements:
(a)
Street plans and profiles showing existing and proposed grades,
elevations and cross sections of required improvements.
(b)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(c)
Storm sewer and open channel plans and profiles showing the
locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(d)
Water main plans and profiles showing the locations, sizes,
elevations and materials of required facilities.
(e)
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.
(f)
Planting plans showing the locations, age, caliper, species
and time of planting of any required grasses, vines, shrubs and trees.
(g)
Additional special plans or information as required by Village
officials.
(2)
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this Code and other pertinent Village design
standards recommended by the Village Engineer and approved by the
Village Board. If he rejects the plans and specifications, he shall
notify the owner, who shall modify the plans or specifications, or
both, accordingly. When the plans and specifications are corrected,
the Village Engineer shall approve the plans and specifications for
transmittal to the Village Board. The Village Board shall approve
the plans and specifications before the improvements are installed.
(3)
Construction and inspection.
(a)
Prior to starting any of the work covered by the plans approved
above, written authorization to start the work shall be obtained from
the Village Engineer upon receipt of all necessary permits and in
accordance with the construction methods of this chapter.
(b)
Construction of all improvements required by this chapter shall
be completed within two years from the date of approval of the preliminary
plat by the Village Board, unless good cause can be shown for the
Village Board to grant an extension.
(c)
During the course of construction, the Village Engineer shall
make such inspections as he deems necessary to insure compliance with
the plans and specifications as approved. The owner shall pay the
actual cost incurred by the Village for such inspections. This fee
shall be the actual cost to the Village of inspectors, engineers and
other parties necessary to insure satisfactory work.
(4)
As-built plans. After completion of all public improvements and prior
to final acceptance of said improvements, the subdivider shall make
or cause to be made a map showing the actual location of all valves,
manholes, stubs, sewers and water mains and such other facilities
as the Village Engineer shall require. This map shall be in black
pencil on tracing paper and shall bear the signature and seal of a
professional engineer registered in Wisconsin. The presentation of
the map shall be a condition of final acceptance of the improvements
and release of the surety bond assuring their completion.
D.
Street, alley and sidewalk improvements. The developer shall construct
streets and sidewalks as outlined on the approved plans based on the
requirements of this Code.
(1)
Grading. With the submittal of the final plat, the subdivider shall
furnish drawings which indicate the existing and proposed grades of
streets and alleys shown on the plat. Proposed grades will be reviewed
by the Village Engineer for conformance with Village standards and
good engineering practice. Street grades require the approval of the
Village Board after receipt of the Village Engineer's recommendations.
After approval of the street grades, the subdivider shall grade the
full width of the right-of-way of the streets and alleys proposed
to be dedicated, including the vision clearance triangle on corner
lots. In cases where an existing street right-of-way is made a part
of the plat or abuts the plat, the subdivider shall grade that portion
of the right-of-way between the existing pavement and the property
line. The bed for the roadways in the street rights-of-way shall be
graded to subgrade elevation. The Village Engineer shall approve all
grading within rights-of-way, and said grading shall extend for a
sufficient distance beyond the right-of-way to insure that the established
grade will be preserved. Where electric and other communications or
utilities facilities are to be installed underground, the utility
easements shall be graded to within six inches of the final grade
by the subdivider, prior to the installation of such facilities; earth
fill piles or mounds of dirt or construction materials shall not be
stored on such easement areas.
(2)
Street and sidewalk construction.
(a)
After sanitary sewer, storm sewer and water utilities have been
installed, the subdivider shall construct and dedicate, as part of
the subdivision, streets, curbs and gutters and sidewalks, including
those adjacent to platted lots in existing street rights-of-way abutting
the plat. The subdivider shall surface roadways to the widths prescribed
by the Village Board on recommendation of the Village Engineer. Construction
shall be to Village standard specifications for street improvements.
(b)
The Village Board shall have the option of not requiring the
construction of sidewalks within street rights-of-way in cases where
it determines, after consultation with the Village Engineer, that
sidewalks are not necessary because of low-density land use and low
pedestrian volumes or for access to schools and bus routes or for
continuity of existing sidewalk or bicycle route systems or because
of a cul-de-sac or loop street pattern. Consideration shall also be
given to the pattern of development of adjoining lands and to the
possibility of damage to trees.
(c)
Dedicated walkways shall be improved by the subdivider to a
grade and width approved by the Village Engineer and with surfacing
as required by the Village Board based on the location and the amount
and character of use. The subdivider shall submit standard drawings
indicating the existing and proposed grades.
(3)
Completion of street and sidewalk construction.
(a)
Prior to any building permits being issued on lands adjacent
to streets and/or sidewalks, all street and sidewalk construction
shall be completed by the subdivider, approved by the Village Engineer
and accepted by the Village Board.
(b)
The Village Engineer may issue a waiver of these requirements
in unusual or special circumstances such as excessively severe weather
conditions, heavy construction temporarily in areas or construction
material shortages (i.e., cement, asphalt). The issuance of a waiver
shall be at the discretion of the Village Engineer and shall be based
upon the written request of the subdivider.
(c)
The subdivider requesting a waiver shall present such information
and documentation required by the Village Board. The waiver shall
be in written form and shall detail which improvement requirements
are temporarily waived and for what period of time.
(4)
Curb and gutter. When required by the Village Board, after the installation
of all utility and stormwater drainage improvements, the subdivider
shall construct concrete curbs and gutters in accordance with plans
and standard specifications approved by the Village Board or its designee.
Wherever possible, provision shall be made at the time of construction
for driveway access curb cuts.
E.
Construction standards. All streets and highways constructed in the
Village or to be dedicated to the Village shall fully comply with
the following construction standards:
(1)
Right-of-way and pavement width. The minimum right-of-way and roadway
width of all proposed streets and alleys shall be as specified by
the Comprehensive Plan, Comprehensive Plan components or Official
Map, or, if no width is specified therein, the minimum widths shall
be as specified below. Cross sections for freeways and parkways should
be based upon detailed engineering studies.
|
Street Type
|
Minimum Right-of-Way Width
(feet)
|
Minimum Radius of Curvature
(feet)
| |
|---|---|---|---|
|
Arterial highway
|
120
|
300
| |
|
Minor street
|
66
|
100
|
(2)
Roadway ditches. Where curb and gutter is not required by the Village
for rural cross-section streets, the minimum ditch slope shall be
0.50%.
(3)
Roadway base thickness.
(a)
Residential streets shall have a minimum roadway base thickness
of six inches of compacted in-place crushed aggregate base course
of gradation No. 2 in the top layer and gradations No. 1 and No. 2
in the lower level.
(b)
On commercial, arterial or other heavy-use streets, as determined
by the Village Engineer, a base course of nine inches compacted shall
be constructed upon an inspected and approved subgrade, either well-graded
crushed gravel from a state-approved pit with a maximum stone of 1 1/2
inches and no greater than 10% by weight passing a No. 200 sieve or
No. 3 crushed rock approximately six inches in depth and one or more
layers of fine aggregate, either three-fourths-inch crushed gravel,
well-graded with no greater than 10% passing a No. 200 sieve, or three-fourths-inch
traffic-bound crushed rock.[2]
(c)
In the case of commercial, arterial or other heavy-use roads,
the Village Board may, in the alternative to the above standards,
have the Village Engineer provide specifications for such roads after
researching the site(s) and conducting a soil analysis.
(d)
In any case, the Village Board shall have the sole discretion
in determining the use and construction classification to be adhered
to.
(e)
In all cases, the base course shall be compacted to the extent
necessary to produce a condition so that there will be no appreciable
displacement of material laterally and longitudinally under traffic
and shall conform to line, grades and shape shown on the approved
plans, profiles and cross sections.
(4)
Roadway subbase. Stable and nonorganic subbase material is required.
Unstable and organic material must be subcut, removed and replaced
with a suitable granular of breaker-run material approved by the Village
Engineer.
(5)
Pavement thickness. Residential streets shall have a minimum of 3 1/2
inches thick compacted bituminous concrete pavement placed in two
layers, a binder course of two inches thick and a surface course of
1 1/2 inches. On commercial, arterial or other heavy-use streets,
there shall be a minimum of 4 1/2 inches of bituminous concrete
pavement placed in three layers, two binder courses of 1 1/2
inches thick each and a surface course of 1 inch thick. In the case
of commercial, arterial or other heavy-use roads, the Village Board
may, in the alternative to the above standards, have the Village Engineer
provide specifications for paving such roads after researching the
site(s) and conducting a soil analysis. In any case, the Village Board
shall have the sole discretion in determining the use and construction
classification to be adhered to.[3]
(6)
Roadway culverts and bridges. Roadway culverts and bridges shall
be constructed as directed by the Village Engineer and sized utilizing
the methods listed in Chapter 13, Drainage, of the Facilities Development
Manual of the Wisconsin Department of Transportation. All roadway
culverts shall be provided with concrete or metal apron endwalls.
(7)
Driveway culverts. Driveway culverts shall be sized by the Village Engineer (if appropriate). The culverts shall be placed in the ditch line at elevations that will assure proper drainage, be provided with concrete, metal or landscape timber endwalls, and shall comply with the provisions of Chapter 263, Driveways, of this Code.
F.
Sanitary sewerage system design standards. There shall be provided
a sanitary sewerage system in conformity with the master plan of sewers
as approved by the Village Board and/or sewerage district. The subdivider
shall install adequate sanitary sewer facilities and connect them
to sewer mains subject to specifications and inspection of the Village
Engineer. The subdivider shall pay all the costs of all sanitary sewer
work, including the bringing of the sanitary sewer from where it exists
to the subdivision in question, as well as providing all sanitary
sewer work within the subdivision. The cost of providing and installing
sewer pipe of sizes larger or at a greater depth than required to
serve the area shall be borne by the Village, as agreed upon between
the landowner and the Village Board prior to approval of the preliminary
plat or certified survey map, pursuant to this chapter. The size,
type and installation of all sanitary sewers proposed to be constructed
shall be in accordance with plans and standard specifications approved
by the Village.
G.
Water supply system design standards. There shall be provided a water
supply system in conformity with the master plan of the water system
as approved by the Village Board. The subdivider shall construct water
mains in such a manner as to make adequate water service available
to each lot within the subdivision. If municipal water service is
not available, the subdivider shall make provision for adequate private
water systems as specified in applicable ordinances. The Village may
require the installation of water laterals to the street lot line.
The size, type and installation of all public water mains proposed
to be constructed shall be in accordance with plans and standard specifications
approved by the Village.
H.
Stormwater drainage facilities. Pursuant to § 463-12, the subdivider shall provide stormwater drainage facilities which may include curb and gutter, catch basins and inlets, storm sewers, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate the twenty-five-year storm. Storm drainage facilities shall be so designed as to present no hazard to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Engineer. The subdivider shall pay all costs of all storm sewer work.
I.
Other utilities. The subdividers shall cause gas, electrical power
and telephone facilities to be installed in such a manner as to make
adequate service available to each lot in the subdivision. No such
electrical or telephone service shall be located on overhead poles
along the front lot lines unless otherwise allowed due to exceptional
topography or other physical barrier. Plans indicating the proposed
location of all gas, electrical power and telephone distribution and
transmission lines required to service the plat shall be approved
by the Village Board, and such map shall be filed with the Village
Clerk-Treasurer.
J.
Street lamps. The subdivider shall install street lamps along all
streets proposed to be dedicated of a design compatible with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Village Board.
K.
Street signs. The subdivider shall install at the intersections of
all streets proposed to be dedicated a street sign of a design specified
by the Village Board.
L.
Material standards. All improvements constructed under this chapter
shall be of the standards, where applicable, established by the State
Department of Transportation's "Standard Specifications for Roads
and Bridges." Where the Department of Transportation's specifications
do not apply, the standards shall be as approved by the Village Engineer.[4]
M.
Improvements completed prior to approval of final plat. Improvements
within a subdivision which have been completed prior to application
for approval of the final plat or execution of the contract for installation
of the required improvements shall be accepted as equivalent improvements
in compliance with the requirements only if the Village Engineer shall
certify that he is satisfied that the existing improvements conform
to applicable standards.
N.
Acceptance of improvements. The dedication of any improvements, utilities,
streets, parks, easements, rights-of-way or other lands or rights
to the Village or the public shall not be considered accepted by the
Village for public ownership until such time as the required public
improvements within the intended dedication or necessary because of
the intended dedication have been completed and accepted by the Village
Board by adoption of a resolution accepting such dedication. Improvements
shall be dedicated to the Village free and clear of any encumbrances.
The subdivider shall be responsible for and liable for the maintenance,
safety and operation of all required public improvements until such
time as the improvements are accepted by the Village Board by resolution.
In the event the Village must take measures to maintain, operate or
make safe a public improvement existing or required as a result of
the land division but which has not yet been accepted by the Village,
the costs of such measures shall hereby be determined to be Village-incurred
costs to be reimbursed to the Village by the subdivider in accordance
with the provisions of this chapter.
O.
Inspection and certification of improvements.
(1)
After any of the following increments of the required improvements
have been installed and completed, the subdivider shall notify the
Village Engineer, in writing, that the work is complete and ready
for final inspection, shall file reproducible record drawings of the
completed improvements and shall file lien waivers or affidavits,
in a form acceptable to the Village Engineer and approved by the Village
Attorney, evidencing that there are no claims, actions or demands
for damages, based upon contract or tort arising out of or in any
way related to the project, and that no moneys are owned to any surveyor,
mechanic, contractor, subcontractor, materialman or laborer after
all required improvements have been installed. Acceptance of the improvements
may be requested in the following increments:
(2)
The Village Clerk-Treasurer shall certify that there are no unpaid
taxes or unpaid special assessments on any of the lands included in
the area of acceptance and shall prepare a final billing for engineering,
inspection and legal fees and submit it to the subdivider for payment.
The Village Engineer shall conduct any necessary final inspections
of the improvements and forward a report to the Village Clerk-Treasurer
recommending either approval or disapproval. When the engineering,
inspection, and legal fees, taxes and special assessments have been
paid and when the necessary lien waivers and affidavits have been
filed, the report of the Village Engineer, together with the recommendation
of the Village Clerk-Treasurer, shall be forwarded to the Village
Board for approval and acceptance of the improvements and dedications.
A.
Utility easements. The Village Board, on the recommendation of appropriate
agencies of the Village, shall require utility easements for poles,
wire, conduits, storm and sanitary sewers, gas, water and head mains
or other utility lines. It is the interest of this chapter to protect
all established easements so as to assure proper grade, assure maintenance
of the established grade, prohibit construction of permanent fences
or retaining walls over underground installation and prevent the planting
of trees in the easement area.[1]
B.
Easement locations. Such easements shall be at least 12 feet wide
and may run across lots or alongside of rear lot lines. Such easements
should preferably be located along rear lot lines. Evidence shall
be furnished to the Village Board that easements and any easement
provisions to be incorporated in the plat or in deeds have been reviewed
by the individual utility companies or the organization responsible
for furnishing the services involved.
The subdivider shall grade each land division in order to establish
street, block and lot grades in proper relation to each other and
to topography as follows:
A.
Master site grading plan.
(1)
A master site grading plan shall be prepared by the subdivider for
all new subdivisions. This plan shall be prepared in accordance with
the requirements and standards of the Village.
(2)
The master site grading plan shall show existing and proposed elevations
of all lot corners, control points and building locations. The plan
shall also indicate all overland storm drainage in and adjacent to
the subdivision. The cost of the preparation of such a plan shall
be paid for by the subdivider.
(3)
After approval or modification of these plans by the Village Engineer,
the full width of the right-of-way of the proposed streets within
the subdivision and the entire subdivision lot area shall be graded
in accordance with the master site grading plan. The owners of the
subdivision lots shall adhere to those plans.
(4)
Upon completion of all street and subdivision grading, the grades
shall be checked and certified by the Village Engineer to determine
that the completed grading work is in accordance with the master site
grading plan.
(5)
The cost of all required grading work, supervision, certification,
inspection and engineering fees shall be paid for by the subdivider.
B.
Right-of-way grading. The subdivider shall grade the full width of
the right-of-way of all proposed streets in accordance with the approved
plans, including the grading of sight triangles at each intersection.
C.
Block grading. Block grading shall be completed by one or more of
the following methods:
(1)
Regrading along the side or rear lot lines which provides for drainage
to the public drainage facilities, provided any ditches or swales
are in public drainage easements, provided that a deed restriction
is adopted which prohibits alteration of the grades within five feet
of any property line from the grades shown on the master site grading
plan.
(2)
Parts of all lots may be graded to provide for drainage to a ditch
or to a swale.
D.
Miscellaneous grading requirements.
(1)
Lot grading shall be completed so that water drains away from each
building site toward public drainage facilities at a grade approved
by the Village Engineer, and provisions shall be made to prevent drainage
onto properties adjacent to the land division unless to a public drainage
facility.
(2)
Grading activities shall not result in slopes greater than 3:1 on
public lands or lands subject to public access.
(3)
The topsoil stripped for grading shall not be removed from the site
unless identified in the erosion control plan approved by the Village
Engineer as not being necessary for erosion control or site landscaping
purposes. Topsoil shall be uniformly returned to the lots when rough
grading is finished. Topsoil piles shall be leveled and seeded for
erosion control prior to the Village releasing the one-year guarantee
provision on public improvements in the streets adjacent to the lots
on which the topsoil is stockpiled.
(4)
Such grading shall not result in detriment to any existing developed
lands, either within or outside of the corporate limits.
(5)
Minimum
ground slopes from lower-level exposures shall be a minimum of 1/4
inch per foot away from the building and any lower-level exposures
shall be a minimum of 24 inches above the lowest point on the lot,
unless the owner proposes and implements a reasonable engineering
practice designed to mitigate the effects of altered drainage following
a substantial drainage activity.
[Added 12-6-2021 by Ord. No. 2021-08]
(6)
The
elevation of any lot shall not be changed so as to materially affect
the surface elevation, grade or drainage patterns to the surrounding
lots. The grading of each lot in the subdivision by the owner shall
conform to the Master Grading Plan approved by the Village, and no
alteration of the finished grade from those shown on the Master Grading
Plan shall be allowed within five feet of any property line. Approved
as-built grades shall not be altered within six feet of a lot line
under any circumstances. Any owner who violates this subsection may
be required to restore the surface elevation, grade or drainage patterns
to the surrounding lots at the owner's sole expense. If, following
30 days' written notice to the owner of being found guilty of the
provisions of this subsection, the owner does not remedy the violation,
the Village, or a contractor hired by Village, shall have the right
to access the owner's property for the purpose of remedying the violation.
If the Village is required to remedy the violation, any and all costs
incurred by the Village to remedy the violation shall be charged back
to the owner as a special charge pursuant to the provisions of § 66.0627
of the Wisconsin Statutes.
[Added 12-6-2021 by Ord. No. 2021-08]
E.
Drainage flows. The subdivider shall cause to be set upon the master
grading plan arrows indicating the directions of drainage flows for
each property line not fronting on a street on all parcels and along
each street as will result from the grading of the site, the construction
of the required public improvements, or which are existing drainage
flows and will remain. The arrows indicating the directions of flows
shall be appropriately weighted so as to differentiate between the
minor and major (one-hundred-year event) drainage components. The
arrows shall be accompanied on the master grading plan with the following
note: "Arrows indicate the direction of drainage flows in various
components resulting from site grading and the construction of required
public improvements. The drainage flow components located in easements
shall be maintained and preserved by the property owner unless approved
by the Village Engineer."
A.
Dedication requirement. In order that adequate open spaces and sites
for public uses may be properly located and reserved, and in order
that the cost of providing public areas, such as but not limited to
parks, recreation areas and public schools, may be equitably apportioned
on the basis of additional need created by a certified survey or subdivision
development, each subdivider shall be required to dedicate land or
fees in lieu of land for park or other public uses.
B.
General design. In the design of a subdivision, land division, planned
unit development or certified survey, provision shall be made for
suitable sites of adequate area for schools, parks, playgrounds, open
spaces, drainageways and other public purposes. Such sites are to
be shown on the preliminary plat and final plat and shall comply with
the Village Comprehensive Plan or component of said plan. Consideration
shall be given to the preservation of scenic and historic sites, stands
of trees, marshes, lakes, ponds, streams, watercourses, watersheds,
ravines and woodlands, prairie and wetlands, and plant and animal
communities.
C.
Dedication of parks, playgrounds, recreation and open spaces. The
subdivider shall dedicate sufficient land area to provide adequate
park, playground, recreation and open space to meet the needs to be
created by and to be provided for the land division, subdivision or
comprehensive development. The minimum dedication shall be one acre
per 15 single-family lots or 15 residential units.
D.
Fees in lieu of land.
(1)
Where, in the sole discretion of the Village Board, there is no land suitable for parks within the proposed land division or the dedication of land would not be compatible with the Village's Comprehensive Plan or park plan, the minimum size under Subsection C cannot be met, or Village officials determine that a cash contribution would better serve the public interest, the Village Board shall require the subdivider to contribute a park and recreation development fee in lieu of land. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities. The total fee shall be computed on the basis of the maximum residential use of each parcel permitted in the particular zoning district under Chapter 520, Zoning. The fee shall be as set by the Village Board. The fee shall be paid to the Village at the time of final plat or certified survey approval. This fee shall be annually adjusted by the Clerk-Treasurer by adding to the base fee the consumer price index (CPI) cost on March 1 of that year for each possible dwelling unit within the plat/land division allowed by Chapter 520, Zoning.[1]
(2)
The Village Board may, in its sole discretion, permit the subdivider
to satisfy the requirements of this section by combining a land dedication
with a fee payment. If a land dedication of 25% of the required dedication
is made, the subdivider shall also contribute an amount equal to 75%
of the required per-unit fee in lieu of land. If a land dedication
of 50% of the required dedication is made, the subdivider shall also
contribute an amount equal to 50% of the required per-unit fee in
lieu of land. If a land dedication of 75% of the required dedication
is made, the subdivider shall also contribute an amount equal to 25%
of the required per-unit fee in lieu of land.
(3)
The Village shall place any fee collected pursuant to the provisions
of this section in a separate account to be used at the discretion
of the Village Board in any community park, for developing adequate
parks, playgrounds, recreation and open spaces.
E.
Park impact fees. In addition to any other park and recreation fees required by this article, a park impact fee as set forth in Chapter A150, Fees, or as otherwise determined by the Village Board, shall be paid by the person requesting a building permit at the time of application. Such fees shall be placed in a special park and recreation fund.[2]
F.
Limitations. A subdivider shall not be required to dedicate more
than 1/3 of the total area of the plat to meet the objectives of this
section.
G.
Suitability of lands. The Village Board shall have sole authority
to determine the suitability and adequacy of parklands proposed for
dedication. Drainageways, wetlands or areas reserved for streets shall
not be considered as satisfying land dedication requirements.
H.
Access to dedicated land. All dedicated land shall have frontage
on a public street and shall have unrestricted public access.
I.
Utility extensions. The subdivider shall install or provide for installation
of water and sanitary sewer lines to the property line of all dedicated
land, where such services are to be provided to the adjacent properties.
J.
Development of park area.
(1)
When parklands are dedicated to the Village, the subdivider is required
to:
(a)
Properly grade and contour for proper drainage;
(b)
Provide surface contour suitable for anticipated use of area
as approved by the Village Engineer; and
(c)
Cover areas to be seeded with a minimum of four inches of quality
topsoil, seed as specified by the Village Engineer and mulch, as specified
in the Standard Specifications for Road and Bridge Construction, Sections
627 and 629. The topsoil furnished for the park site shall consist
of the natural loam, sandy loam, silt loam, silty clay loam or clay
loam humus-bearing soils adapted to the sustenance of plant life,
and such topsoil shall be neither excessively acid nor excessively
alkaline. Fine grading and seeding must occur within one year following
issuance of the first building permit within that land division unless
otherwise authorized by the Village. The improved area shall not be
deemed officially accepted until a uniform grass cover to a two-inch
height has been established. It shall be the responsibility of the
subdivider to maintain the area until the Village accepts the dedication.
(2)
It shall be the responsibility of the Village to maintain the dedicated
areas upon their dedication and acceptance by the Village.
(3)
A neighborhood park area shall be provided by the subdivider with
a standard residential water service unless located directly adjacent
to a fire hydrant. A community park area shall be provided by the
developer with a minimum six-inch water service or at least one fire
hydrant, and at least one four-inch sanitary sewer lateral, all located
at the street property line.
(4)
The Village Board may require certification of compliance with this
section by the subdivider. The cost of such report shall be paid by
the subdivider.
(5)
If the subdivider fails to satisfy the requirements of this section,
the Village Board may contract said completion and bill such costs
to the subdivider, following a public hearing and written notice to
the subdivider of noncompliance. Failure to pay such costs may result
in the immediate withholding of all building permits until such costs
are paid.
(6)
The subdivider shall pay all costs of public improvements in the
public streets adjacent to or within all public lands and/or parklands.
A.
General. The subdivider shall pay the Village of Dane all fees as
hereinafter required and at the times specified before being entitled
to recording of a plat or certified survey map. At the time of submission
of a plat or certified survey, the Village Board, at its sole discretion,
may require the subdivider to make a good faith deposit with the Clerk-Treasurer
to cover, in all or part, the expenses anticipated to be incurred
by the Village because of the land division. Unused portions of such
fund may be refunded to the subdivider.
B.
Engineering fee. The subdivider shall pay a fee equal to the actual
cost to the Village for all engineering work incurred by the Village
in connection with the plat or certified survey map, including inspections
required by the Village. The subdivider shall pay a fee equal to the
actual cost to the Village for such engineering work and inspection
as the Village Board and/or Village Engineer deems necessary to assure
that the construction of the required improvements is in compliance
with the plans, specifications and ordinances of the Village or any
other governmental authority. Engineering work shall include the preparation
of construction plans, standard specifications and administration
of the engineering work.[1]
C.
Administrative fee. The subdivider shall pay a fee to the Village
equal to the cost of any legal, administrative or fiscal work which
may be undertaken by the Village in connection with the plat or certified
survey map.
D.
Concept plan. There shall be no fee for the Village's review of a
concept or sketch plan of a proposed land division. However, such
reviews shall be conducted only as staff time permits.
E.
Preliminary plat.[2]
(1)
A subdivider who submits a preliminary plat to the Village Board shall file said preliminary plat with the Village Clerk-Treasurer and shall deposit with the Village Clerk-Treasurer a fee to cover the costs of reviewing said application. The fee for a preliminary plat shall be as set forth in Chapter A150, Fees. If the plat is rejected, no part of the fee shall be returned to the petitioner.
F.
G.
H.
Objecting agency review fees. The subdivider shall transmit all fees
required for state agency review at the time of application. Said
review fees shall be retransmitted to the proper state review agency
by the developer. Said fees shall be applicable, where appropriate,
to review fees required by the Wisconsin Department of Administration,
Wisconsin Department of Transportation, Wisconsin Department of Safety
and Professional Services and the Wisconsin Department of Natural
Resources.[5]
I.
Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Village Clerk-Treasurer shall require a fee pursuant to § 463-18 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
J.
Assessments. All outstanding assessments due to the Village shall
be due prior to the signing of the final plat or certified survey
by the Village.
K.
Cost determination. The subdivider of land divisions within the Village
shall reimburse the Village for its actual cost of design, inspection,
testing, construction and associated legal and real estate fees incurred
in connection with the preliminary plat, final plat, replat or certified
survey. The Village's costs shall be determined as follows:
(1)
The cost of Village employees' time engaged in any way with the land
division based on the hourly rate paid to the employee multiplied
by a factor determined by the Village Clerk-Treasurer to represent
the Village's cost for expenses, benefits, insurance, sick leave,
holidays, vacation and similar benefits.
(2)
The cost of Village equipment employed.
(3)
The cost of mileage reimbursed to Village employees which is attributed
to the land division.
(4)
The actual costs of Village materials incorporated into the work,
including transportation costs, plus a restocking and/or handling
fee not to exceed 10% of the cost of the materials.
(5)
All consultant fees, including but not limited to legal and engineering
fees, at the invoiced amount, plus administrative costs. Unless the
amount totals less than $50, the Village shall bill the subdivider
monthly for expenses incurred by the Village. Statements outstanding
for more than 30 days shall accrue interest at the rate of 1 1/2%
per month. Bills outstanding for more than 90 days shall be forwarded
to the subdivider's surety agency for payment. Amounts less than $50
shall be held for billing by the Village until amounts total more
than $50 or until the conclusion of project activities.
A.
Where, in the judgment of the Village Board, it would be inappropriate
to apply literally the provisions of this chapter because of the proposed
subdivision being located outside of the corporate limits or because
exceptional or undue hardship would result, the Village Board may
waive or modify any requirements to the extent deemed just and proper.
Application for any such variance shall be made in writing by the
subdivider at the time when the preliminary plat is filed for consideration,
stating fully all facts relied upon by the petitioner, and shall be
supplemented with maps, plans or other additional data which may aid
the Village Board in the analysis of the proposed project. The plans
for such development shall include such covenants, restrictions or
other legal provisions necessary to guarantee the full achievement
of the plan.
B.
The Village Board shall not grant variances or exceptions to the
regulations of this chapter unless it shall make findings based upon
the evidence presented to it in each specific case that:
(1)
The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property or improvements
in the neighborhood in which the property is located;
(2)
The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable generally to other property;
(3)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of this chapter were carried out.
C.
Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the community in accordance with the Comprehensive Plan or Chapter 520, Zoning, if applicable, of the Village. A majority vote of the entire membership of the Village Board shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Board.
D.
The Village Board may waive the placing of monuments, required under
§ 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable
time on condition that the subdivider execute a surety bond to insure
the placing of such monuments within the time required.
A.
Violations. It shall be unlawful to build upon, divide, convey, record
or monument any land in violation of this chapter or the Wisconsin
Statutes, and no person shall be issued a building permit by the Village
authorizing the building on, or improvement of, any subdivision, land
division or replat with the jurisdiction of this chapter not of record
as of the effective date of this Code until the provisions and requirements
of this chapter have been fully met. The Village may institute appropriate
action or proceedings to enjoin violations of this chapter or the
applicable Wisconsin Statutes.
B.
Penalties.
(1)
(2)
Recordation improperly made has penalties provided in § 236.30,
Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties provided for
in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as provided for
in § 236.32, Wis. Stats.
(5)
Assessor's plat made under § 70.27, Wis. Stats., may be
ordered by the Village at the expense of the subdivider when a subdivision
is created by successive divisions.
C.
Appeals. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10 to 15, Wis. Stats., within 30 days of notification
of the rejection of the plat. Where failure to approve is based on
an unsatisfied objection, the agency making the objection shall be
made a party to the action. The court shall direct that the plat be
approved if it finds that the action of the approving or objecting
agency is arbitrary, unreasonable or discriminatory.
