A.
Authority. This article is adopted under the authority granted by
§§ 62.23(7), 87.30 and 236.45, Wis. Stats., and amendments
thereto.
B.
Purpose. It is the purpose of this article to promote the following
objectives:
(1)
To protect the public health, safety, convenience, and general
welfare in the Village of Rothschild, Wisconsin;
(2)
To encourage planned and orderly land use and development, to
protect property values and the property tax base;
(3)
To promote the careful planning and efficient maintenance of
highway systems;
(4)
To promote the provision of adequate transportation, water,
sewerage, health, education, recreation, and other public facilities;
(5)
To encourage uses of land and other natural resources which
are in accordance with their character and adaptability;
(6)
To promote the efficient and economical use of public funds;
and
(7)
To conserve the value of the buildings placed upon land, provide
the best possible environment for human habitation, and encourage
the most appropriate use of land throughout the Village of Rothschild.
C.
Administration. All applications must be submitted on a form provided
by the Village Clerk, along with the applicable fee, as per the fee
schedule. The Village Board of the Village of Rothschild shall approve,
approve with conditions or disapprove any plats referred to it by
the Planning and Zoning Commission.
A.
Jurisdiction. The provisions of this article shall apply in all lands
within the limits of the Village of Rothschild.
B.
Certified survey map.
(1)
A certified survey map prepared by a land surveyor registered
in this state is required for all land divisions where the act of
division creates:
(2)
All area calculations are to be exclusive of any dedications,
right-of-way easements, or reservations.
(3)
Any lot created from a certified survey division may not be
resubdivided for a period of five years after the filing of the map.
(4)
It shall comply in all respects with this article and the standards
and specifications of § 236.34, Wis. Stats., and that section
is hereby adopted by reference.
C.
Land divisions not covered by this article. The provisions of this
article, as they apply to divisions of tracts of land into fewer than
five parcels, shall not apply to:
(1)
Transfers of interest in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages, or utility
easements involving five parcels or fewer.
(3)
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 these regulations
or other applicable laws and ordinances. Note: If, by specific deed
language, titles to joined lands merge, a certified survey map shall
not be required since a freestanding additional lot is not created.
(4)
Cemetery plats pursuant to § 157.07, Wis. Stats.,
and Assessor's plat pursuant to § 70.27, Wis. Stats.
D.
Resubdivision of recorded land divisions. Any resubdivision of a
recorded land division that ultimately results in the creation of
five or more lots, parcels, or building sites from the same "mother
tract" shall be considered to be a subdivision and shall be accomplished
by a subdivision plat and not additional certified survey maps.
E.
Ownership.
(1)
For the purpose of this article, lots, tracts, or parcels shall
be considered in the same ownership when any of said lots, tracts,
or parcels are owned by:
(a)
The same individual corporations.
(b)
Individuals in joint tenancy, and either of said joint tenants
owns other lots individually or as joint tenants together with another.
(c)
An individual and other lots, tracts, or parcels are owned by
his/her spouse.
(d)
An individual and other lots, tracts, or parcels are owned by
the corporation in which said individual is an officer, director or
controlling stockholder.
(2)
Lots, tracts, or parcels which are bisected by an existing public
road or by navigable waters shall be considered to be effectively
divided into separate lots, tracts, or parcels, as they apply to subsequent
land divisions.
(3)
Any conveyance of land to a governmental agency, public entity,
or public utility, and any land conveyance within a preplanned business
park, shall not be considered a division of land for purposes of computing
the number of parcels but shall be accomplished by a certified survey
map.
F.
Compliance with ordinances, statutes, regulations, and plans. Any
person dividing land which results in a subdivision shall prepare
a plat of the subdivision, or which results in a land division shall
prepare a certified survey map, in accordance with the requirements
of this article and:
(1)
The provisions of Ch. 236, Wis. Stats.
(2)
The rules of the Wisconsin Department of Transportation, Wisconsin
Administrative Code, and all other applicable regulations for subdivisions
which abut a state trunk highway or connecting street.
(3)
The rules of the Department of Natural Resources and the Wisconsin
Administrative Code and all other applicable regulations for Wisconsin's
Shoreland-Wetland Management and Floodplain Management Programs, and
Marathon County regulations pertaining to abutting streets.
(4)
All applicable local ordinances and regulations.
(5)
The Village of Rothschild Master Plan.
(6)
The Zoning Map of the Village of Rothschild.
G.
Violations. It shall be unlawful to divide, convey, record, or monument
any land in violation of this article or the Wisconsin Statutes. The
Village may institute appropriate action or proceedings to enjoin
violations of this article.
H.
Penalties. Any person failing to comply with the provisions of this
article shall, upon conviction thereof, forfeit to the Village of
Rothschild a penalty of not more than $500, plus the costs of prosecution
for each violation, and in default of payment of such forfeiture and
costs may be imprisoned in the county jail until payment thereof but
not exceeding 30 days. Each day a violation exists or continues shall
constitute a separate offense. Compliance therewith may also be enforced
by injunctional order at the suit of the Village.
I.
Variances and appeals.
(1)
Where the Board of Appeals finds that it would be inappropriate
to apply literally, or that exceptional and unnecessary hardships
may result from strict, literal application of these regulations,
it may waive or modify the regulations so that substantial justice
may be done and the public interest served, provided that such variation
will not have the effect of nullifying the intent and purpose of this
article or be in conflict with state statutes and administrative codes.
In so acting, the Board of Appeals may require such conditions as
will, in its judgment, secure substantially the objectives and standards
of this article. A simple majority vote of the Board of Appeals shall
be required to grant any modification or variance, and such action
shall be entered in the minutes of the Board of Appeals setting forth
the reasons for the request and the reasons, in the judgment of the
Board of Appeals, which justify the variance.
(2)
Any person aggrieved by a modification, order, requirement,
interpretation, or determination made by the Village staff, Planning
and Zoning Commission or Village Board may appeal such decision to
the Village Board of Appeals, as stipulated in this chapter and § 62.23(7),
Wis. Stats.
(3)
Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in Ch. 236, Wis.
Stats., within 30 days of notification of the rejection of the plat.
J.
Review fees.
(1)
Plats. The subdivider shall submit to the Village Clerk a fee,
per the fee schedule that shall be set by the Village of Rothschild,
for each acre of land shown on a final plat prior to receiving Planning
and Zoning Commission approval. This is to assist in defraying the
costs of necessary inspections and for the review of both the preliminary
and final plats.
(2)
Certified survey maps. The subdivider shall submit to the Village Clerk a fee, as per the fee schedule, along with specified requirements from § 590-167, prior to receiving Planning and Zoning Commission approval to assist in defraying the costs of necessary inspections and for review of the map.
(3)
Planned unit developments. The subdivider shall submit to the
Village Clerk a fee, as per the fee schedule, for each acre of land
shown on a final development plan prior to receiving Planning and
Zoning Commission approval. This is to assist in defraying the costs
of necessary inspections and for the review of the preliminary and/or
final development plans.
A.
Dedication of lands. Whenever a parcel of land to be divided as a
subdivision contains all, or in part, a street, highway, drainageway,
other public way, or public access to navigable lakes or streams which
has been designated in a comprehensive plan as defined in this article,
or an official map adopted under § 62.23, Wis. Stats., such
public way or access shall be made a part of the plat and dedicated
or reserved by the subdivider in the location and dimensions indicated,
unless otherwise provided herein.
B.
Floodplains, wetlands, and lake access.
(1)
Whenever a tract of land to be subdivided includes any part
of identified floodplains or wetlands as defined by the Village of
Rothschild and the State of Wisconsin, such floodplains and wetlands
shall be made a part of the plat. Floodplains and wetlands included
within a subdivision plat shall be included within lots or outlots,
or reserved for acquisition, or shall be reserved in perpetuity for
the recreational use of the future residents of the land to be divided,
if approved by the Planning and Zoning Commission. Wetlands shall
be staked as a conservancy wetland and documented on the property
deed. All wetland must remain in its original state and all vegetation
must remain natural and undisturbed. It is recommended, at the discretion
of the Planning and Zoning Commission, that a minimum 50% of the lot
is buildable.
(2)
All subdivisions abutting a navigable lake or stream shall,
pursuant to provisions of § 236.16, Wis. Stats., and this
article, provide public access at least 60 feet wide to the low-water
mark, such public access being connected to existing public roads
at not more than one-half-mile intervals as measured along the lake
or stream shore, except when greater intervals and wider access are
agreed to by the Department of Natural Resources, the Department of
Development, and the Planning and Zoning Commission, and excluding
shore areas where adequate accessible public parks or open space streets
or roads on either side of a stream are provided. This requirement
does not require any local unit of government to improve land provided
for public access.
C.
Lands between meander line and water's edge. The lands lying between
the meander line established in accordance with § 236.20(2)(g),
Wis. Stats., and the water's edge, and any otherwise unplattable lands
which lie between a proposed subdivision and the water's edge, shall
be included as part of lots, outlots, or public dedications in any
plat abutting a lake or stream. This requirement applies not only
to lands proposed to be subdivided but also to all lands under option
to the subdivider or in which he holds any interest and which are
contiguous to the lands proposed to be subdivided and which abut a
lake or stream.
D.
Restrictions for public benefit. The Village or public utility shall
have the right to enforce any restriction of law or in equity against
anyone who has or acquires an interest in land subject to the restriction.
Such restrictions shall include any restrictions placed on platted
land by covenant, grant of easement, or in any other manner which
were required by the Village or public utility or which name the Village
or public utility as grantee. The restriction may be released or waived
in writing by the Village or public utility having the right of enforcement.
E.
Provision for park and open space areas. The residential developer
shall be required to dedicate sufficient area to meet the proportionate
park, recreation and general open space needs generated by the development.
(1)
Dedications of funds or land, as determined by the Park Committee
and the Planning and Zoning Commission, shall be required by developers
of five or more residential units. In determining the number of lots
for such computation, only the additional new and vacant lots created
by the land division shall be counted.
(2)
Where the dedication of lands is not feasible the developer
may, at the discretion of the Park Committee and Planning and Zoning
Commission, satisfy the requirement for provision of such area by
payment of park and open space fees in accordance with the Village
of Rothschild's fee schedule.
(3)
Park and open space moneys received under this section shall
be placed in a separate nonlapsing fund to be used exclusively for
improvements or site acquisition.
(4)
Payment shall be made to the Village, as per the fee schedule,
prior to recording the final plat or certified survey map or prior
to issuance of a multifamily or residential building permit.
Prior to the approval of final plats or certified survey maps,
the subdivider or his/her agent shall furnish and install the below-stated
improvements to the specified Village standards. The required improvements
are to be furnished and installed at the sole expense of the subdivider,
unless an agreement with the Village has otherwise been reached. Prior
to the construction of the required improvements, the subdivider shall
enter into a contract (developer's agreement). The contract may require
the filing of a performance bond or certified check with the Village
agreeing and ensuring that he/she or his/her agent will cause construction
of the required improvements within a time period specified. The penal
amount of the bond, or value of other acceptable surety, shall equal
at least 110% of the estimated costs of the improvements. The performance
instrument shall also secure all lot improvements on individual lots
as required in this article.
A.
Survey monuments. The subdivider shall install survey monuments placed
in accordance with the requirements of § 236.15, Wis. Stats.
Pursuant to § 236.15(1)(h), Wis. Stats., the Village, which
is required to approve the subdivision under § 236.10, Wis.
Stats., may waive the placing of monuments for a reasonable time on
condition that the subdivider executes a surety bond to ensure that
he or she will place the monuments within the time required.
B.
Grading and surfacing. The subdivider shall grade the rights-of-way
of all streets proposed to be dedicated in accordance with plans and
standard specifications approved by the Village. After the installation
of all utility and stormwater drainage improvements, the subdivider
shall surface all roadways and streets proposed to be dedicated with
surfacing materials approved by the Village.
C.
Curb and gutter. The Village Board shall require the subdivider to
construct concrete curbs and gutters within platted subdivisions in
accordance with plans and standard specifications approved by the
Village Board.
D.
Sidewalks.
(1)
The Village shall require the subdivider to construct a concrete
sidewalk on one or both sides of all streets within platted subdivisions;
or
(2)
Wider than standard sidewalks may be required by the Village
in the vicinity of schools, commercial areas, and other places of
public assemblage, or where joint pedestrian/bicycle use thereon is
deemed desirable, and it may require the construction of sidewalks
in locations other than required above if such walks are necessary,
in its opinion, for safe and adequate pedestrian or bicycle circulation.
E.
Streetlamps. The Village may require the subdivider to install streetlamps
along streets proposed to be dedicated within platted subdivisions
in accordance with design, quality, and/or energy efficiency standards
approved by the Village Board and deemed to be compatible with the
neighborhood. Such lamps shall be placed at each street intersection
and at such interior block spacing as may be required by the Village.
F.
Street name signs. The Village may require the subdivider to install
at the intersection of all streets proposed to be dedicated within
platted subdivisions a street name sign of a design specified or approved
by the Village.
G.
Stormwater management. The subdivider shall construct stormwater
management facilities which are adequate to serve the subdivision
and which do not adversely affect adjacent lands outside of the subdivision.
(1)
The storage and controlled release of excess stormwater shall
be required for all subdivisions or as required by the Village. The
controlled release of stormwater runoff from all development described
above shall not exceed the peak discharge of stormwater runoff as
occurring under the predevelopment conditions of the parcel, based
upon a ten-year storm event. Where site detention is required for
runoff control, the detention facilities shall safely pass the runoff
of a one-hundred-year storm through an emergency outlet.
(2)
In the event that the developer chooses to release more runoff
than would occur under the predevelopment conditions, he/she will
be required to provide adequate outlet facilities downstream to accommodate
the increased rate of runoff. The specifications to be used in designing
these facilities and computing runoff shall be based upon the standards
of the United States Department of Agriculture (USDA) Soil Conservation
Service, or an alternate method as may be approved by the Village.
H.
Erosion control facilities. Erosion control shall be required for
all subdivisions or as required by the Village. The planning process,
specifications and construction techniques will be done in accordance
with specifications as stipulated by the Wisconsin Department of Natural
Resources. Erosion control plans shall consist of the detailed soil
survey map of the area indicating the site location as well as adjacent
properties and the identification of any structures or natural features
on the land adjacent to and within 250 feet of the site. The plan
shall include a boundary line survey of the site, a location and description
of the soil types which have been rated severe for erosion limitations
by the USDA Soil Conservation Service and the elevation, dimension,
location and extent of all proposed grading. It shall include the
location and identification of any proposed additional structures
or development on the site. It shall include plans for and specifications
of drainage provisions, retaining walls, cribbing, planting, anti-erosion
devices or other protective devices, whether temporary or permanent,
to be constructed in connection with or as a part of the proposed
work, together with a map showing the drainage area of the land tributary
to the site, upstream culverts and other restrictions which may control
the quantity and rate of runoff and a statement explaining the estimated
runoff used to determine the design characteristics of any drainage
device. Upstream drainage shall be considered and explained if any
adverse effect is possible. Plans for removal, recontouring or other
final disposition of sediment basins or other structural improvements
or devices shall be included in the plan.
(1)
Factors which will be considered in reviewing land suitability
and erosion control plans shall relate to the specific site conditions.
The plan should reduce land grading and keep land disturbance to a
minimum. Both surface runoff and stormwater drainage systems should
be integrated to accommodate the increased runoff incurred during
land grading. Existing temporary and future protective vegetation
should be emphasized. The plan shall coordinate grading operation
and sedimentation control measures so as to minimize land exposure
to erosion to the briefest time. Sediment basins below high sediment
producing areas should be planned, installed and maintained as safety
devices to catch and trap excessive sediment from the development
site. The plan should utilize available technologies to keep soil
erosion to a minimum level.
(2)
The preparation of surface water, erosion and sediment control
plans shall be undertaken by a qualified individual and shall be submitted
to the Village Clerk. The Village Clerk shall transmit those plans
to the Village planning or engineering consultant or Village staff
who shall review and then transmit that information for review and
recommendation by the Planning and Zoning Commission for action by
the Village Board. Any comments or recommendations are advisory only,
and the Village Board may, upon its own action, modify, adopt or reject
any or all of the comments or recommendations. Upon consideration
of the factors cited above and application of this section, conditions
may be imposed for the approval of erosion control and runoff as are
deemed necessary to accomplish the intent of this section. Among such
conditions, without limitation because of specific enumeration, are:
(a)
All activities on the site shall be conducted in logical sequence
to minimize the area of unstable soils at any one time.
(b)
Permanent grass and vegetative cover for the area.
(c)
Stabilization by means of mulching, nonvegetative materials,
jute matte, excelsior, etc.
(d)
Sodding the area subject to erosion.
(e)
Staking of wetlands and the recording of a conservancy wetland
easement and documentation on the property deed.
(f)
Use of low-growing plants, vines, shrubs, or other ground covers
to stabilize sediment-producing areas.
(g)
Construction of structures that will stabilize the grade and
water channels.
(h)
Construction of sediment basins shall be designed and built
to ensure against failure of the structure resulting in loss of life
or interruption of use or service of public utilities.
(i)
Use of grass waterways for the safe disposal of runoff water.
(j)
Utilization of existing topography and planning development
to minimize erosion, such as planning roadways parallel to contours.
(k)
Leaving critical areas in an undisturbed condition or correction
of critical areas that can cause erosion hazards.
(l)
Constructing diversionary channels and terraces across the slopes.
I.
Other utilities. All new electric distribution lines (excluding lines
of 1,500 volts or more), telephone lines from which individual lots
are served, telegraph lines, and cable or community antenna television
cables within all newly platted subdivisions and land divisions shall
be installed underground unless the Planning and Zoning Commission
determines that the location, topography, soil, stands of trees, or
other physical barriers would make underground installation unreasonable
or impractical or that the lots to be served by said facilities would
be best served directly from existing overhead facilities. Associated
equipment and facilities which are appurtenant to underground electric
and communications systems, including but not limited to substations,
pad-mounted transformers, switches, and aboveground pedestal-mounted
terminal boxes, may be located above ground. Costs for all utilities
shall be born by the developer. Utility easements shall be established
on subdivision plats and certified survey maps as set forth in this
article.
No land shall be divided or subdivided for use which is determined
to be unsuitable by the Planning and Zoning Commission because of
flooding or potential flooding, wetlands, inadequate drainage, severe
erosion potential, unfavorable topography, inadequate water supply
or sewage disposal capabilities, incompatible surrounding land use,
or any other condition likely to be harmful to the health, safety,
or welfare of the future residents or users of the area, or likely
to be harmful to the community or the Village. Except as provided
herein, the Planning and Zoning Commission shall determine such unsuitability
at the time the preliminary plat or certified survey map is considered
for approval. The subdivider shall furnish such maps and data as may
be necessary to make a determination of land suitability. In addition
to the data required to be submitted with the preliminary plat or
certified survey map, the subdivider may be required to submit additional
information for development located in an area where flooding or potential
flooding may be a hazard.
A.
Suitability determination. In applying the provisions of this section,
the Planning and Zoning Commission shall, in writing, recite the particular
facts upon which it bases its conclusion that the land is unsuitable
for the intended use or development and afford the subdivider an opportunity
to present evidence and the means of overcoming such unsuitability,
if he/she so desires. Thereafter the Planning and Zoning Commission
may affirm, modify, or withdraw its determination of unsuitability.
B.
Survey and data submission requirements.
(1)
Preplanning consultation. A preplanning consultation shall be
scheduled with Village staff to articulate Village procedures and
site-specific requirements.
(2)
Preliminary plat. A preliminary plat shall be prepared for all
subdivisions and shall be based upon a survey by a land surveyor registered
in this state.
(a)
The plat shall be submitted at a scale of not more than 100 feet
to one inch, shall conform to any standards and specifications set
forth in Ch. 236, Wis. Stats., and shall show correctly on its face
the following information:
[1]
Title of the proposed subdivision.
[2]
Location of the proposed subdivision by government lot, quarter
section, section, township, range, county and state.
[3]
Date, scale, and North arrow.
[4]
Name and address of the owner, subdivider, and land surveyor
preparing the plat.
[5]
Entire area contiguous to the proposed plat owned or controlled
by the subdivider, even though only a portion of said area is proposed
for immediate development. The Planning and Zoning Commission may
waive this requirement where it is unnecessary to fulfill the purposes
and intent of this article and undue hardship would result from strict
application thereof.
[6]
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to an established corner monument and the total
acreage encompassed.
[7]
Location and names of any adjacent subdivisions, parks and cemeteries
and owners of record of abutting unplatted lands.
[8]
Location, right-of-way width, and names of any existing or proposed
streets, alleys, or other public ways, easements, railroad and utility
rights-of-way, and all section or quarter section lines within the
exterior boundaries of the plat or immediately adjacent thereto.
[9]
Location of existing property lines, structures, drives, streams
and watercourses, lakes, wetlands, rock outcrops, wooded areas, and
other similar significant features within the parcel being subdivided.
[10]
Water elevations of adjoining lakes, ponds, streams,
and flowages at the date of the survey and approximate high and low
water elevations.
[11]
Type, width, and elevation of any existing street
pavements within the exterior boundaries of the plat or immediately
adjacent thereto with any legally established center-line elevations.
[12]
Contours within the exterior boundaries of the
plat and extending to the center line of adjacent public streets at
vertical intervals of not more than two feet and additional areas
as requested by the Planning and Zoning Commission.
[13]
Location and approximate dimensions of any sites
to be dedicated or reserved for parks, open space, drainageways, schools,
or other public uses.
[14]
Approximate dimensions of all lots and proposed
lot and block numbers.
[15]
Existing and proposed land use and zoning included
within and immediately adjacent to the proposed subdivision.
[16]
Floodplain, shoreland, wetland, erosion hazard
boundaries, and any proposed lake and stream access.
[17]
Surface drainage pattern mapping and indication
of direction and established peak volume of soil drainage pattern
and provisions for stormwater detention (when necessary).
[18]
Plans for all soil conservation and erosion control
measures, such as gutters, ditches, catch basins, storm sewers, culverts,
open channels, sediment traps or basins, terraces, water diversions,
and similar practices, keyed to locations on the preliminary plat,
if required by the Planning and Zoning Commission.
(b)
The Planning and Zoning Commission shall have the authority to request
such information from the subdivider.
(3)
Construction drawing review and approval. The developer, prior
to the preliminary plat, should submit construction drawings to the
Village Clerk. The Village Clerk shall submit the construction drawing
information to the Village staff and/or planning/engineering consultant
who shall review the drawings and make recommendation to the Planning
and Zoning Commission for review and recommendation to the Village
Board. Any comments or recommendations are advisory only, and the
Village Board may, upon its own action, modify, adopt or reject any
or all of the comments or recommendations. All Village Board recommendations
and requests shall be satisfied to enable the project to proceed.
(4)
Final plat. A final plat prepared by a land surveyor registered
in the State of Wisconsin is required for all subdivisions. It shall
comply in all respects with this article and the standards and specifications
of § 236.20, Wis. Stats., and that section is hereby adopted
by reference. All revisions requested by the Village Board shall be
satisfied prior to the approval of the final plat. Lots shall not
be sold, and building permits shall not be issued, until the final
plat is approved and recorded. Where the Planning and Zoning Commission
finds that it requires additional information or plat data relative
to a particular problem presented by a proposed development to review
the final plat, it shall have the authority to request such information
from the subdivider.
