In any division or development of land the street layout shall
conform to the arrangement, width and location indicated on the Official
Map, county jurisdictional highway system plan, Comprehensive Plan
or plan component, or precise neighborhood unit development plan of
the municipality. In areas for which such plans have not been completed,
the street layout shall recognize the functional classification of
the various types of streets and shall be developed and located in
proper relation to existing and proposed streets, to the topography,
to such natural features as streams and tree growth, to public convenience
and safety, to the proposed use of the land to be served by such streets,
and to the most advantageous development of adjoining areas. All proposed
roads and/or streets shall comply with the Town road standards as
adopted by the governing body. The division or development shall be
designed so as to provide each lot with satisfactory access to a public
street. In addition:
A.
Arterial streets, as hereafter defined, shall be arranged so as to
provide ready access to centers of employment, centers of governmental
activity, community shopping areas, community recreation, and points
beyond the boundaries of the community. They shall also be properly
integrated with and related to the existing and proposed system of
major streets and highways and shall be, insofar as practicable, continuous
and in alignment with existing or planned streets with which they
are to connect.
B.
Collector streets, as hereafter defined, shall be arranged so as
to provide ready collection of traffic from residential areas and
conveyance of this traffic to the major street and highway system
and shall be properly related to the mass transportation system, to
special traffic generators such as schools, churches and shopping
centers and other concentrations of population and to the major streets
to which they connect.
C.
Minor streets, as hereafter defined, 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 for safe and
convenient access to abutting property.
D.
Proposed streets shall extend to the boundary lines of the tract
being divided or developed unless prevented by topography or other
physical conditions or unless, in the opinion of the Plan Commission
and governing body, such extension is not necessary or desirable for
the coordination of the layout of the development or for the advantageous
development of the adjacent tracts.
E.
Arterial street and highway protection. Whenever the proposed development
contains or is adjacent to a collector street or arterial street,
adequate protection of residential properties, limitation of access
and separation of through and local traffic shall be provided by reversed
frontage, with screen planting contained in a nonaccess reservation
along the rear property line, or by the use of frontage streets.
F.
Frontage streets. A frontage street shall be designed in relation
to the street which it serves and to the existing topography to provide
for safe traffic flow and property value preservation.
G.
Stream or lake shores shall have a minimum of 60 feet of public access
platted to the low-water mark at intervals of not more than one-half
mile as required by § 236.16(3), Wis. Stats.
H.
Street names shall not duplicate or be similar to existing street
names elsewhere in the municipality, and existing street names shall
be projected wherever possible. Street names and numbers shall comply
with the Municipal Code of the municipality.[2]
I.
Reserve strips controlling access to streets shall be prohibited
except where the access control has been placed under the governing
body's control and such control has been accepted by the governing
body.
Whenever the proposed division or development contains or is
adjacent to a limited access highway or railroad right-of-way, the
design shall provide the following treatment:
A.
When lots within the proposed division or development 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 a part of the platted lots but shall have
the following restriction lettered on the face of the plat: "This
strip reserved for the planting of trees and shrubs, the building
of structures hereon is prohibited."
B.
When lots within the proposed division or development front upon
the right-of-way of an existing or proposed limited access highway
or a railroad, said lots should be platted with extra depth to permit
generous distances between the buildings and such trafficways.
C.
Commercial and industrial properties shall have provided, on each
side of the limited access highway or railroad, streets approximately
parallel to and at a suitable distance from such highway or railroad
for the appropriate use of the land between such streets and highway
or railroad, but not less than 150 feet.
D.
Streets parallel to a limited access highway or railroad right-of-way,
when intersecting a collector street or arterial 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.
[Amended 5-11-1998 by Ord. No. 98-2]
E.
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.
The minimum right-of-way and roadway width of all proposed streets
and alleys shall be as specified by the Comprehensive Plan, Comprehensive
Plan component, Official Map, neighborhood development study, or jurisdictional
highway system plan or, if no width is specified therein, the minimum
widths shall be as set by the Town Board. Street sections are for
standard arterial streets only. Cross sections for freeways, expressways
and parkways should be based upon detailed engineering studies. In
addition:
A.
All streets or systems of streets designed to have one end of any
street in the system closed, whether temporarily or permanently, shall
not exceed in any manner 1,200 feet in length.
[Amended 3-13-2006 by Ord. No. 06-2]
(1)
The Town Plan Commission and Town Board may grant a special exception
from the cul-de-sac length upon the property owner and/or the developer
demonstrating that the proposed cul-de-sac is only temporary. The
owner and/or developer may request that the Town Plan Commission and
Town Board grant a special exception as follows:
(a)
Written request. The owner and/or developer shall submit a written
request for a special exception to the Town Clerk. The request shall
state the reasons for requesting the special exception. In addition,
the application shall include the following:
[1]
An administrative fee in addition to any charge back fees. The
administrative fee shall be established by the Town Board and may
be periodically updated.
[2]
An overall development plan of the property to be developed
and the adjacent properties shall be submitted to the Town Plan Commission
and governing body for review.
[3]
Any additional information as may be required by the Town Plan
Commission and/or Town Board in order to render an informed decision
shall be submitted.
(b)
Referral to Plan Commission and governing body. Upon receipt
of a written request for a special exception, the Town Clerk shall,
within a reasonable time, place the matter on a Plan Commission and
a governing body agenda for review and action.
(c)
Considerations. The Plan Commission and governing body shall
each make a separate determination and may as deemed necessary by
the Plan Commission and/or governing body establish conditions of
approval. The most restrictive conditions of the Plan Commission and/or
governing body shall govern. The Plan Commission and governing body
shall consider of the following factors:
[1]
Whether the request for a special exception, if granted, would
be consistent with the general intent of this chapter.
[2]
Whether the proposed cul-de-sac street extends to the boundary
lines of the tract being divided or developed.
[3]
Whether the owner/developer demonstrated that the proposed location
of the cul-de-sac termination will allow the neighboring property
to develop in a reasonable manner.
[4]
Whether the proposed street arrangement complies with the Official
Town Map.
[5]
Whether the proposed temporary cul-de-sac is intended to be
extended at some point in the future.
[6]
The proposed cul-de-sac shall not terminate at an environmentally
sensitive area, including but not limited to a wetland/conservancy
area, floodplain or an area of steep slopes.
[7]
Whether the Plan Commission and/or governing body determined
if such extension is necessary and desirable for the coordination
of the layout of the development or for the advantageous development
of the adjacent tracts.
(2)
All streets designed to have one end closed, whether temporarily
or permanently, shall terminate in a circular turnaround having a
minimum right-of-way radius of 66 feet.
(3)
If a special exception is granted, a note shall be placed on the
final plat indicating dates said special exception was granted by
the Town Plan Commission and Town Board.
B.
Temporary termination of streets shown on the Official Map intended
to be extended at a later date shall be accomplished with a temporary
cul-de-sac in accordance with the standards set forth above. Notwithstanding
the foregoing, a temporary "T" intersection may be approved by the
governing body if the governing body finds that the temporary cul-de-sac
does not serve more than one parcel on each side of the street that
the temporary cul-de-sac ends. The road construction standards for
a temporary "T" intersection shall be established by the governing
body on consultation with the Town Engineer.
[Amended 3-13-2006 by Ord. No. 06-2]
C.
Roadway elevations. Elevations of roadways passing through floodplain
areas shall be designed in the following manner:
D.
New and replacement bridges and culverts. All new and replacement
bridges and culverts over perennial waterways, including pedestrian
and other minor bridges, in addition to meeting other applicable requirements,
shall be designed so as to accommodate the one-hundred-year recurrence
interval flood event without raising the peak stage, either upstream
or downstream, more than 0.1 foot above the peak stage for the one-hundred-year
recurrence interval flood, as established in the adopted comprehensive
watershed plan or flood insurance study prepared by the Federal Emergency
Management Agency. Larger permissible flood stage increases may be
acceptable for reaches having topographic land use conditions which
could accommodate the increased stage without creating additional
flood damage potential upstream or downstream of the proposed structure.
Such bridges and culverts shall be so designed and constructed as
to facilitate the passage of ice floes and other debris. All new and
replacement bridges shall be constructed in accordance with all applicable
state statutes and codes and shall be submitted to the Department
of Natural Resources to assure compliance therewith.
E.
Street grades.
(1)
(2)
Street grades shall be established wherever practicable so as to
avoid excessive grading, the promiscuous removal of ground cover and
tree growth, and general leveling of the topography. All changes in
street grades shall be connected by vertical parabolic curves of a
minimum length equivalent in feet to 30 times the algebraic difference
in the rates of grade for streets, provided that no curve less than
60 feet in length need be used.
F.
Radii of curvature.
(1)
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:
(2)
A tangent at least 100 feet in length shall be provided between reverse
curves on arterial and collector streets.
G.
Half streets. Where an existing dedicated or platted half street
is adjacent to the tract being divided or developed, the other half
of the street shall be dedicated by the owner. The platting of new
half streets shall not be permitted.
H.
Intersection design requirements. Intersection design requirements
are hereby established as set forth on Exhibit B attached hereto,
as adopted by the Town Board and all amendments thereto. The Town
Board reserves the right to amend Exhibit B without the necessity
of a public hearing.[1]
[Added 10-15-1997 by Ord. No. 97-6]
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter.
Streets shall intersect each other at as nearly right angles
as topography and other limiting factors of good design permit. In
addition:
A.
The number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
B.
The number of intersections along collector streets and arterial
streets shall be held to a minimum. Whenever practicable the distance
between such intersections shall not be less than 1,200 feet.
[Amended 10-15-1997 by Ord. No. 97-6; 5-11-1998 by Ord. No. 98-2]
C.
Property lines at street intersections shall be rounded with a minimum
radius of 15 feet or of a greater radius when required by the Plan
Commission and governing body or shall be cut off by a straight line
through the points of tangency of an arc having a radius of 15 feet.
D.
Minor streets shall not necessarily continue across arterial or collector
streets, but if the center lines of such minor streets approach the
major streets from opposite sides within 250 feet of each other, measured
along the center line of the arterial or collector street, then the
location shall be so adjusted that the adjoinment across the major
or collector street is continuous and a jog is avoided.
The widths, lengths, and shapes of blocks shall be suited to
the planned use of the land, zoning requirements, need for convenient
access, control and safety of street traffic, and the limitations
and opportunities of topography. In addition:
A.
The length of blocks in residential areas shall not as general rule
be less than 400 feet nor more than 2,000 feet in length unless otherwise
dictated by exceptional topography or other limiting factors of good
design.
B.
Pedestrianways of not less than 15 feet in width may be required
near the center and entirely across any block over 900 feet in length
where deemed essential by the Plan Commission and governing body to
provide adequate pedestrian circulation or access to schools, parks,
shopping centers, churches or transportation facilities.
C.
The width of blocks shall be wide enough to provide for two tiers
of lots of appropriate depth except where otherwise required to separate
residential development from through traffic. Width of lots or parcels
reserved or laid out for commercial or industrial use shall be adequate
to provide for off-street service and parking required by the use
contemplated and the area zoning restrictions for such use.
D.
Utility easements for electric power and telephone service shall,
where practical, be placed on mid-block easements along rear lot lines.
The size, shape, and orientation of lots shall be appropriate
for the location of the division or development and for the type of
development and use contemplated. The lots should be designed to provide
an aesthetically pleasing building site and a proper architectural
setting for the building contemplated. In addition:
A.
Side lot lines shall be at right angles to straight street lines
or radial to curved street lines on which the lots face. Lot lines
shall follow municipal boundary lines rather than cross them.
B.
Double frontage and reverse frontage lots shall be prohibited except
where necessary to provide separation of residential development from
through traffic or to overcome specific disadvantages of topography
or orientation.
C.
Access. Every lot shall front or abut for a distance of at least
40 feet on a public street. Lots with access only to private drives
shall be permitted only with the governing body's approval and subject
to the conditions of said approval.
D.
Area and dimensions of all lots shall conform to the requirements
of all applicable zoning ordinances. Those building sites not served
by a public sanitary sewerage system or other approved system shall
be sufficient to permit the use of an on-site soil absorption sewage
disposal system designed in accordance with the Wisconsin Administrative
Code. The width and area of lots located on soils suitable for the
use of an on-site soil absorption sewage disposal system shall not
be less than 150 feet in width and 40,000 square feet in area.[1]
E.
Depth of lots shall be a minimum of 125 feet. Excessive depth in
relation to width shall be avoided and a proportion of 2 1/2 to one
shall be considered a desirable ratio under normal conditions. Depth
of lots or parcels reserved or laid out for commercial or industrial
use shall be adequate to provide for off-street service and parking
required by the use contemplated. Lots shall be designed so the depth
to width ratio does not exceed 2 1/2 to one unless a variance is granted
by the Plan Commission and governing body.[2]
F.
Width of lots shall conform to the requirements of the applicable
zoning ordinance, or other applicable ordinance, and in no case shall
a lot be less than 60 feet in width at the building setback line.
The width of lots on curves shall be measured at a point of tangency
of the setback arc at the mid-point of the curve for the lot.[3]
G.
Corner lots shall have an extra width of 10 feet to permit adequate
building setbacks from side streets.
H.
Lands lying between the meander line and the water's edge and any
otherwise unplattable lands which lie between a proposed division
or development and the water's edge shall be included as part of lots,
outlots or public dedications in any plat abutting a lake or stream.
I.
Oversized lots are allowed, but where lots are created of a size
larger than normal for the area, the governing body may require that
the division or development be so designed as to allow for the possible
future redivision of such lots into normal sizes compatible with the
immediate area.
Building setback lines appropriate to the location and type
of development contemplated, which are more restrictive than the regulation
of the zoning district in which the plat is located, may be required
by the Plan Commission and/or governing body.
The Plan Commission and/or governing body may require utility
easements of widths deemed adequate for the intended purpose on each
side of all rear lot lines and on side lot lines or across lots where
necessary or advisable for electric power, communication, and cable
television lines, wires, conduits, storm and sanitary sewers, and
gas, water and other utility lines. All easements for municipal utilities
shall be dedicated to the municipality unless otherwise provided.
Where a division or development is traversed by a watercourse, drainageway
channel or stream, an adequate drainageway or easement shall be provided
as may be required by the Plan Commission and/or governing body. The
location, width, alignment and improvement of such drainageway or
easement shall be subject to the approval of the Plan Commission and
governing body, and parallel streets or parkways may be required in
connection therewith. Where necessary, stormwater drainage shall be
maintained by landscaped open channels of adequate size and grade
to hydraulically accommodate maximum potential volumes of flow. These
design details are subject to review and approval by the Municipal
Engineer.
In order that adequate land for public uses may be properly
located, preserved, developed, and improved as the municipality develops,
and in order that the cost of providing the public facilities necessary
to serve the additional individuals brought into the municipality
may be most equitably apportioned on the basis of the additional need
created by the individual development of land, the following provisions
are established:
A.
Dedication of land.
(1)
Where it is determined by the Park Board, Plan Commission and Town
Board that a portion of the land is required for public use, the owner
shall provide and dedicate to the municipality such land prior to
the time the final land division is approved or, if no land division
is proposed, prior to final approval of the development.
(2)
The amount of land to be provided shall be determined on the basis
of an amount of land equal in value to $755 in the year 2004 for each
single-family dwelling unit approved and $601 in the year 2004 for
each multifamily dwelling unit approved. This fee shall be increased
annually by 2.83%, which is based upon the annual change in rate of
inflation since the year 1990, as determined by the U.S. Department
of Labor Statistics.
(3)
In the event the owner and municipality cannot agree as to the price
to be paid for such land, the value shall then be determined by the
Municipal Assessor on the basis of full and fair market value of the
land prior to division or, if no division, development. If the owner
is not satisfied with the Municipal Assessor's value, an appraisal
board shall be created consisting of one appraiser selected by the
municipality at its expense, and that person may be the Town Assessor,
one selected by the owner at his expense and a third selected by the
two other appraisers with the expense divided equally between the
owner and the municipality. The determination of the appraisal board
as to the value of the land should determine the valuation of the
land. The test of the value of the land to be dedicated shall be in
its undeveloped condition immediately before sale to the developer,
division or, if no division, development based on fair market value
and not as improved.
(4)
Any lands dedicated under this provision shall be used for public
purpose, including but not limited to public sites, park lands, recreation
lands, or open spaces.
B.
Impact fees for parks, playgrounds and land for athletic fields.
(1)
Enactment of impact fee. If the Board determines that the dedication described in Subsection A above is not feasible or compatible with development of the municipality, the owner shall, in lieu thereof, pay to the municipality an impact fee as described in this Subsection B, to pay for the capital costs that are necessary to accommodate future land development with regard to parks, playgrounds and land for athletic fields.
(2)
Fee amount. The amount of the impact fee shall be as follows:
(b)
In order to account for future increases in construction costs
and interest costs, and in order to ensure that the fees are equitably
distributed between current and future developers, the base impact
fees described herein shall automatically adjust on an annual basis
on January 1 of each year by the percentage increase or decrease in
the United States Bureau of Labor Statistics Midwest Region All Items
Consumer Price Index for All Urban Consumers from January 1 of the
preceding year.
(3)
Accounting. Revenues collected pursuant to this Subsection B shall be placed in a segregated, interest-bearing account and shall be accounted for separately from the other funds of the Town of Genesee. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.
(4)
Refund of impact fees. Impact fees that are imposed and collected by the Town of Genesee pursuant to this Subsection B must be spent or refunded as prescribed in § 66.0617(9), Wis. Stats. Refunds shall be made to the then-current owner of the property with respect to which the impact fees were imposed.
(5)
Payment.
(a)
Developers or owners of property subject to land development
shall pay impact fees to the Town of Genesee in full upon the issuance
of a building permit by the Town, unless the Town Board and the developer
agree otherwise in writing.
(b)
The foregoing payment obligation applies only to such land development events that occur within the Town of Genesee from the effective date of this Subsection B until this Subsection B is repealed. If for any reason, intentional or unintentional, payment is not made when it first becomes due, the Town of Genesee, at its option, may enforce the obligation at the time of any succeeding land development event until payment is fully received. If more than one developer or property owner participates in a land development project, or if different developers or property owners participate at different times, the developers and all applicable property owners shall be deemed to have independently apportioned their payment obligation among themselves. The Town of Genesee shall be entitled to refuse to approve a land development event until payment is made and shall have no obligation to determine which developer or property owner is required to pay, even if payment from the then-current developer or property owner would not have been required but for the fact that a prior developer or property owner did not pay.
(6)
Appeal. Pursuant to § 66.0617(10), Wis. Stats., a developer upon whom an impact fee is imposed has the right to contest the amount, collection or use of the impact fee to the Town of Genesee Town Board. The procedures for such appeal shall be as follows. All appeals which challenge the Town authority granted by this Subsection B, or the procedures for adoption of this Subsection B, or otherwise challenge the validity of this Subsection B, must be filed in writing with the Town Clerk within 90 days of the effective date of this Subsection B, unless applicable state law specifically allows a longer time for such appeal, in which case the applicable state law limitation shall apply. All appeals which challenge the Town's actions in administering or enforcing this Subsection B must be filed in writing with the Town Clerk within 15 days of the date that the Town action that is to be appealed took place. In all cases, the appeal must be titled "Notice of Appeal of Impact Fee" and shall state the developer's name, address, telephone number, address (if available) and legal description of the land development upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. The Town Clerk shall schedule the appeal for consideration by the Town Board at a regular or special meeting as soon as reasonably practicable under the circumstances and shall notify the developer of the time, date and place of such meeting, in writing, by regular mail deposited in the mail no later than at least three days before the date of such meeting. Upon review of such appeal, the Town Board may adjust the amount, collection or use of the impact fee that applies to the appellant, upon just and reasonable cause shown.
(7)
DEVELOPER
LAND DEVELOPMENT
Interpretation. The Town of Genesee exercises this authority pursuant to § 66.0617, Wis. Stats., and this Subsection B shall be interpreted in conjunction with said statute, including but not limited to the definitions set forth below, including any future revisions thereto:
A person that constructs or creates a land development.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
a municipality or that results in nonresidential uses that create
a need for new, expanded or improved public facilities within a municipality.
