A.
Street layout to conform to Official Map and/or adopted plans. In
any new subdivision, certified survey map, or condominium, the street
layout shall conform to the arrangement, width, and location indicated
on the Official Map, county jurisdictional highway system plan, county
development plan, Municipal Comprehensive Plan or plan component,
or neighborhood unit development plan of the county or the Town of
Barton.
B.
Street layout in areas with no Official Map or adopted plans. 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.
(1)
Access to public streets required. The certified survey map or subdivision
shall be designed so as to provide each lot with satisfactory access
to a public street.
(2)
Arterial streets. 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.
(3)
Collector streets. Collector streets, as hereinafter defined, shall
be arranged to provide ready collection of traffic from residential
areas and conveyance of this traffic to the arterial street, major
street, and highway system and shall be properly related to the mass
transportation system, to special traffic generators such as schools,
churches, or shopping centers, business parks, and other concentrations
of population or employment and to the arterial and/or major streets
to which they connect. Where neighborhoods and/or commercial activity/employment
centers abut along arterial streets or highways, collector streets
shall be planned to align to provide secondary interconnections between
abutting neighborhoods or between abutting commercial activity/employment
centers.
(4)
Minor streets. 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 safe and
convenient access to abutting property.
(5)
Proposed streets. Proposed streets shall extend to the boundary lines
of the tract being subdivided or developed as a condominium unless
prevented by topography or other physical conditions or unless, in
the opinion of the Plan Commission, such extension is not necessary
or desirable for the coordination of the layout of the subdivision
or condominium or for the advantageous development of the adjacent
tracts.
(6)
Arterial street and highway protection. Whenever a proposed certified
survey map or subdivision contains or is adjacent to an arterial street
or highway, adequate protection of residential properties, limitation
of access and separation of through and local traffic shall be provided
by reversed frontage, with screen planting contained in a nonaccess
reservation along the rear property line, or by the use of frontage
streets.
(7)
Stream or lake shores. Stream or lake shores shall have a minimum
of 60 feet of public access platted to the low-water mark at intervals
of not more than 1/2 mile as required by § 236.16(3), Wis.
Stats.
(8)
Reserve strips ("spite strips"). Reserve strips, sometimes called
"spite strips," which prevent access to a public street, shall not
be provided on any subdivision, certified survey map, or condominium
to control access to streets or alleys, except where control of such
strips is placed with the Town under conditions approved by the Plan
Commission.
(9)
Alleys. Alleys may be provided in commercial and industrial areas
for off-street loading and service access if required by the Plan
Commission, but shall not be approved in residential districts. Dead-end
alleys shall not be approved by the Plan Commission. Alleys shall
not connect to a major thoroughfare.
(10)
Street names. Street names shall not duplicate or be similar
to existing street names elsewhere in the county, and existing street
names shall be projected wherever possible. Street names, in general,
should conform to the system set forth in Figure 1.
|
Figure 1
Method of Naming Streets
 |
Whenever the proposed subdivision contains or is adjacent to
a limited-access highway right-of-way, the design shall provide the
following treatment:
A.
Landscape buffer yard easement required. When lots within the proposed subdivision, certified survey map, or condominium back upon the right-of-way of an existing or proposed limited-access arterial street or highway, a planting strip (landscape buffer yard easement) a minimum 35 feet in depth (width), or as otherwise required by Chapter 500, Zoning, 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: "Landscape Buffer Yard Easement: This strip is reserved for the planting of trees and shrubs; the building of structures hereon is prohibited."
B.
Streets serving commercial and industrial properties. Commercial
and industrial properties shall have provided, on each side of the
limited-access highway, 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.
C.
Streets parallel to a limited-access highway right-of-way. Streets
parallel to a limited-access highway right-of-way, when intersecting
a major street and highway or collector street which crosses said
highway, shall be located at a minimum distance of 250 feet from said
highway 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.
D.
Minor streets adjacent and parallel to arterial streets and highways.
Minor streets immediately adjacent and parallel to arterial streets
and highways 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 county development or Town
Comprehensive Plan, plan component, Official Map, neighborhood development
study, or jurisdictional highway system plan of the county or local
municipality; or if no width is specified therein, the minimum widths
shall be as shown in Table 1. 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.
Maximum cul-de-sac street length. Cul-de-sac streets designed to
have one end permanently closed shall not exceed:
(1)
Seven hundred fifty feet in length in areas serving lots less than
two acres in area and the total potential average daily traffic (ADT)
is less than 250.
(2)
One thousand feet in length in rural areas where lots are greater
than two acres in area and the total potential average daily traffic
(ADT) is less than 100.
|
Table 1
Minimum Dimensional Design Standards for Urban and Rural
Streets and Other Public Ways
| ||||
|---|---|---|---|---|
|
Type of Street or Other Public Way
|
Required Minimum Section in Urban Areas (a)
|
Required Minimum Section in Rural Areas (a)
| ||
|
Width of Dedicated Right-of-Way
(feet)
|
Dimensions of Section Components
(feet)
|
Width of Dedicated Right-of-Way
(feet)
|
Dimensions of Section Components
(feet)
| |
|
Arterial streets (4-lane)
|
130
|
Pavement = dual 36 (face of curb to face of curb)
Median = 26
Curb lawn = 10 per side
Sidewalk = 5
Outside sidewalk = 1
|
130
|
Pavement = dual 24
Median = 18
Shoulders = 10 outside, 6 inside
Roadside ditch = 16 per side
|
|
Arterial streets (2-lane rural to suburban to urban transitional)
|
130
|
Pavement = 24
Shoulder = 10 (paved)
(Note: The balance of the right-of-way is to accommodate future
improvements.)
|
100
|
Pavement = 24
Shoulder = 10 (paved)
(Note: The balance of the right-of-way is to accommodate future
improvements.)
|
|
Collector streets
|
80
|
Pavement = 40 (face of curb to face of curb)
Curb lawn = 14 per side
Sidewalk = 5 per side
Outside sidewalk = 1 per side
|
None
|
None
|
|
Minor streets (typical)
|
66
|
Pavement = 28 (face of curb to face of curb)
Curb lawn = 10 per side
Sidewalk = 5 per side
Outside sidewalk = 1 per side
|
66
|
Pavement = 24
Shoulders = 5 per side
Roadside ditch = 13 per side
|
|
Minor streets (natural resource protection option as determined
by Town Board)
|
50
|
Pavement = 28 (face of curb to face of curb)
Curb lawn = 11 per side
Sidewalk = none
|
50
|
Pavement = 22
Shoulders = 5 per side
Roadside ditch = 9 per side
|
|
Cul-de-sac (turnaround)
|
60 radius
|
Pavement = 45 radius (outside face of curb radius) and 24 (inside
pavement radius forming planting island in center of cul-de-sac)
Curb lawn = 15
Sidewalk = none required
|
60 radius
|
Pavement = 46 radius (outside face of curb radius) and 24 (inside
pavement radius forming planting island in center of cul-de-sac)
Shoulders = 6
Roadside ditches = 15
Sidewalk = none required
|
|
Alleys
|
25
|
Pavement = 20
Outside pavement = 25 per side
|
Not permitted
|
Not permitted
|
|
Bicycle paths
|
20(b)
|
Pavement = 10
Outside pavement = 5 per side
|
20(a)
|
Pavement = 10
Outside pavement = 5 per side
|
|
Pedestrian-ways
|
20(b)
|
Pavement = 5
Outside pavement = 7.5 per side
|
20(a)
|
Pavement = 5
Outside pavement = 7.5 per side
|
|
NOTES:
| |
|---|---|
|
(a)
|
See Article XV for definitions of "urban area" and "rural area."
|
|
(b)
|
An easement may be permitted by the Plan Commission rather than
a dedicated public right-of-way.
|
B.
Temporary street termination. Temporary termination of streets 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, or by
the construction of a temporary T-intersection 33 feet in width and
33 feet in length abutting the right-of-way lines of the access street
on each side.
C.
Roadway elevations. Elevations of roadways passing through floodplain
areas shall be designed in the following manner:
(1)
Freeways and arterial streets and highways shall be designed so they
will not be overtopped by the one-hundred-year recurrence interval
flood.
(2)
Collector streets shall be designed so they will not be overtopped
by the fifty-year recurrence interval flood.
(3)
Local streets shall be designed so they will not be overtopped by
the twenty-five-year recurrence interval flood.
D.
New and replacement bridges and culverts.
(1)
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 ensure compliance therewith.
(2)
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 0.01 foot
above the peak stage for the one-hundred-year recurrence interval
flood.
(a)
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.
(b)
Such bridges and culverts shall be so designed and constructed
as to facilitate the passage of ice flows and other debris.
E.
Street grades.
(1)
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.
(2)
All changes in street grades shall be connected by vertical curves
of a minimum length equivalent in feet to 15 times the algebraic difference
in the rates of grade for arterial streets and 1/2 this minimum for
all other streets.
(3)
Unless necessitated by exceptional topography, subject to the approval
of the Plan Commission, the maximum center-line grade of any street
or public way shall not exceed the following:
(4)
The grade of any street shall in no case exceed 12% or be less than
1/2 of 1%.
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 subdivided by either a subdivision
plat or certified survey map, the other half of the street shall be
dedicated by the subdivider or condominium developer (as applicable).
The platting of new half streets shall not be permitted.
Streets shall intersect each other at as nearly right angles
as topography and other limiting factors of good design permit. In
addition:
A.
Maximum number of streets converging at single intersection. The
number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
B.
Number and distance between intersections along arterial streets
and highways. The number of intersections along arterial streets and
highways shall be held to a minimum. Wherever practicable, the distance
between such intersections shall not be less than 1,200 feet.
C.
Rounding of property lines at street intersections required. Property
lines at street intersections may be rounded with a minimum radius
of 15 feet, or of a greater radius when required by the Plan Commission,
or shall be cut off by a straight line through the points of tangency
of an arc having a radius of 15 feet.
D.
Continuous alignment of minor streets required at intersections.
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 adjusted so that the adjoinment across the major
or collector street is continuous; thus, a jog is avoided.
The widths, lengths, and shapes of blocks that are created shall
be suited to the planned use of the land, zoning requirements, overall
residential density, the need for convenient access, control and safety
of street traffic, and the limitations and opportunities of topography.
In addition:
A.
Maximum block length. The length of blocks in residential areas shall not, as a general rule, be less than 600 feet nor more than 1,500 feet in length, unless otherwise dictated by Chapter 500, Zoning, exceptional topography, environmental features, request of the Plan Commission, or other limiting factors of good design.
B.
Pedestrianways required at center of blocks over 900 feet in length.
Pedestrianways (easement or dedicated public right-of-way) of not
less than 20 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 to provide adequate pedestrian circulation or
access to schools, parks, shopping centers, churches, or transportation
facilities.
C.
Block width. 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.
Mid-block utility easements required. 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 subdivision and for the type of development
and use contemplated. The lots should be designed to provide an aesthetically
pleasing building site and a proper architectural setting for the
building contemplated. In addition:
A.
Lot lines. Lot lines shall follow municipal boundary lines rather
than cross them.
B.
Double frontage lots. Double frontage and reverse frontage lots shall
be prohibited except where necessary to provide separation of residential
development from through traffic or to overcome specific disadvantages
of topography and orientation.
C.
Except as otherwise provided herein, every lot less than 40,000 square
feet in area shall front or abut for a distance of at least 40 feet
on a dedicated public street. Every lot 40,000 square feet or greater
in area shall front or abut for a distance of at least 66 feet on
a dedicated public street, except all lots that abut a cul-de-sac
shall abut no less than 45 feet.[1]
D.
Area and dimensional requirements of lots. Areas and dimensions of all lots shall conform to the requirements of Chapter 500, Zoning. Those building sites not served by a public sanitary sewage 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 Chs. SPS 383 and 385, Wis. Adm. Code, and all applicable Washington County codes.
E.
Lot depth. Excessive depth of lots in relation to width shall be
avoided. 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.
F.
Lot width. Width of lots shall conform to the requirements of Chapter 500, Zoning, or other applicable ordinance.
G.
Corner lots. Corner lots which are one acre or less in area shall
have an extra width of 10 feet to permit adequate building setbacks
from side streets.
H.
Plats abutting a lake or stream. In any plat abutting a lake or stream,
lands lying between the meander line and the water's edge and any
otherwise unplattable lands which lie between a proposed subdivision
and the water's edge shall be included as part of lots, outlots, or
public dedications.
I.
Land remnants. 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.
This section sets forth vehicular access requirements for certified
survey maps and subdivision plats and condominiums which abut both
arterial, collector, and minor streets. This chapter recognizes that
public streets are a public investment which require control mechanisms
in order to assure both public safety and functional capacity. Proposed
certified survey maps, subdivision plats, and condominiums for residential
and nonresidential uses shall meet the following requirements:
A.
Access standards for all residential and nonresidential uses. All
proposed certified survey maps, subdivision plats, and condominiums
proposed for residential and/or nonresidential uses located in residential
and/or nonresidential zoning districts shall meet the following standards:
(1)
Controlled access to public streets. Lot and parcel vehicular access
points shall be permitted only at locations in accordance with this
chapter and other Town of Barton adopted Comprehensive Plan or elements
thereof, ordinances, or other plans approved by the Plan Commission.
The Plan Commission may limit vehicular access to any adjoining arterial,
collector, or minor street.
(2)
Distance between vehicular access points. The spacing of vehicular
access points from arterial, collector, and minor streets to lots
and parcels shall be determined as a function of arterial street and
highway, collector street, and minor street operating speeds. The
minimum spacing between vehicular access points along such streets
or highway shall be determined according to Table 2. These spacings
are based upon average vehicle acceleration and deceleration rates
and are considered necessary to maintain safe traffic operation.
|
Table 2
Street and Highway Operating Speed and Minimum Spacing
Between Direct Vehicular Access Points
| ||
|---|---|---|
|
Street/Highway Speed Limit
(miles per hour)
|
Minimum Driveway Spacing Measured at the Street Right-of-Way
Line
(feet)
| |
|
25
|
105
| |
|
30
|
125
| |
|
35
|
150
| |
|
40
|
185
| |
|
45
|
230
| |
|
50
|
275
| |
|
Source: American Planning Association. Planning Advisory Service
(PAS) Memo, July 1983.
|
(3)
Limitation of access to interstate, United States, and state trunk
highways. No new direct vehicular access shall be allowed to interstate,
United States, and state trunk highway public rights-of-way unless
approved by the Wisconsin Department of Transportation, Washington
County, and the Plan Commission.
(4)
Temporary access.
(a)
Town streets. On Town streets, the Town Board may grant temporary
access to properties and require their closure when access through
adjoining properties is acquired upon recommendation by the Plan Commission.
Such access shall be temporary, revocable, and subject to any conditions
required and shall be issued for a period not to exceed 12 months.
(b)
County highways. Temporary access to county highway rights-of-way
shall be reviewed and may be approved by the Washington County Highway
Department. It is the subdivider's or condominium developer's responsibility
(as applicable) to obtain all necessary approvals from the Washington
County Highway Department for all such temporary access points proposed
prior to certified survey map, subdivision plat, or condominium approval
by the Town.
(c)
State highways. Temporary access to state highway rights-of-way
shall be reviewed and may be approved by the Wisconsin Department
of Transportation. It is the subdivider's or condominium developer's
responsibility to obtain all necessary approvals from the Wisconsin
Department of Transportation for all such temporary access points
proposed prior to certified survey map, subdivision plat, or condominium
approval by the Town.
(5)
Area circulation plan. The Plan Commission may require the preparation
of an area circulation plan for the proposed certified survey map,
subdivision plat, or condominium or covering several properties in
an area surrounding a proposed certified survey map, subdivision plat,
or condominium. The delineation of the area for the preparation of
an area circulation plan shall be determined by the Plan Commission.
Such a plan may require the sharing of access locations or temporary
access. All landowners, except those with a previously approved certified
survey map, subdivision plat, or condominium, shall be required to
conform to such an area circulation plan once it is adopted by the
Plan Commission as a component, or element, of the Town Comprehensive
Plan. The Plan Commission may require that such an area circulation
plan be prepared based upon the conduct of a traffic impact analysis
conducted by a licensed professional engineer with expertise in traffic
engineering. The Town Engineer shall review all such studies and assist
the Plan Commission.
(6)
Vehicular nonaccess reservations required. The Plan Commission may
require that deed restrictions be placed on certified survey maps,
subdivision plats, or condominiums in order to limit vehicular access
to abutting arterial, collector, or minor streets and highways. A
landscaped buffer yard of adequate opacity, determined by the Plan
Commission or other Town ordinances, shall be provided in vehicular
nonaccess reservations along the property line abutting a public street
right-of-way. In such situations, vehicular access to such lots may
be provided by an abutting minor or collector street at designated
access driveways. Such vehicular nonaccess reservations shall be graphically
so noted on certified survey maps, subdivision plats, or condominium
plats prior to their approval by the Town.
(7)
Arterial street and highway access and street intersections. No new
direct public or private access shall be permitted to an arterial
street or highway within 115 feet of the intersection of the right-of-way
lines of another arterial street or highway, and, where lot or parcel
size permits, no new direct public or private access shall be permitted
to an arterial street or highway within 500 feet of the intersection
of the right-of-way lines of another arterial street.
(8)
Minor streets and vehicular access point alignments. Minor streets
and vehicular access points along both sides of a collector and/or
arterial street shall be aligned to assist in reducing the number
of driveways needed and to improve safety conditions related to access
to the street system.
(9)
Sight distance and driveway placement. Direct vehicular access placement
on abutting minor, collector, and arterial streets and highways shall
be such that an exiting vehicle has a minimum unobstructed sight distance
according to Table 3 based upon the operating design speed of the
abutting collector or arterial street or highway.
|
Table 3
Highway Design Speed and Minimum Required Sight Distance
for Direct Vehicular Access Point Placement
| ||
|---|---|---|
|
Highway Design Speed
(miles per hour)
|
Minimum Sight Distance
(feet)
| |
|
30
|
200
| |
|
35
|
225
| |
|
40
|
275
| |
|
45
|
325
| |
|
50
|
350
| |
|
Source: American Planning Association. Planning Advisory Service
(PAS) Memo, July 1983.
|
B.
Access standards for nonresidential and multiple-family residential
uses. All proposed certified survey maps, subdivision plats, and condominiums
proposed for nonresidential and multiple-family residential uses located
in nonresidential and/or multiple-family residential zoning districts
shall meet the following standards:
(1)
Maximum number of vehicular access points per lot. Generally, along
arterial streets and highways (including lots which abut the frontage
roads of said rights-of-way), where the abutting street frontage is
less than 400 feet, a maximum of one vehicular access point shall
be permitted to a particular lot from each of any one or two abutting
arterial streets and highways. One additional driveway entrance along
a single continuous lot with frontage in excess of 400 feet may be
permitted by the Plan Commission. When a shared vehicular access point
is used by two or more abutting lots, said shared vehicular access
point shall be considered as one single vehicular access point for
each lot or parcel served.
(2)
Provision of shared vehicular access points between lots. Vehicular
access points planned to be located along property lines, or within
five feet of a property line, shall be shared vehicular access points
with the abutting lot or parcel. The vehicular access point center
line may be the property line between two lots or parcels of land
or may be a mutually agreed upon land access easement.
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 subdivision, certified survey
map, or condominium is located, may be required by the Plan Commission.
A.
Natural resource features protection/mitigation, conservation, landscape
buffer yard, and utility easements required. The Plan Commission shall
require natural resource features protection/mitigation, conservation,
landscape buffer yard, and 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 natural
resource feature protection, landscape buffer yards, electric power
and communication lines, wires, conduits, storm and sanitary sewers,
and gas, water, and other utility lines.
B.
Subdivision, certified survey map, or condominium plat traversed
by watercourse, drainageway channel, or stream. Where a subdivision,
certified survey map, or condominium plat is traversed by a watercourse,
drainageway channel, or stream, an adequate drainageway or easement
shall be provided as required by the Plan Commission. The location,
width, alignment, and improvement of such drainageway or easement
shall be subject to the approval of the Plan Commission, 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 Town Engineer.
C.
Minimum width required for all utility easements. All utility easements
shall be a minimum of 12 feet in width or wider where recommended
by the Town Engineer.
A.
Reservation and/or dedication of suitable sites of adequate area
for future schools, parks, playgrounds, drainageways, and other public
purposes. In the design of a subdivision plat, certified survey map,
condominium, or multiple-family dwelling development zoned for agricultural
or residential uses, due consideration shall be given to the reservation
and/or dedication of suitable sites of adequate area for future schools,
parks, playgrounds, drainageways, and other public purposes.
(1)
Provision of public park areas.
(a)
Provision of public park areas shall be based upon the per capita
standards set forth in the adopted Town Comprehensive Plan or elements
thereof (i.e., the type of park area needed per 1,000 persons served)
as follows:
(b)
The determination of the persons per household, or dwelling unit, shall be based upon the average number of persons per household as reported in the most recent United States census for the Town of Barton, Wisconsin. (Note: In 1990, there were 3.21 persons per household in the Town of Barton.) Based upon these adopted Town plan standards, the amount of land to be dedicated for public outdoor recreation lands, including public parks and playgrounds, shall be according to those rates set forth in Subsection D of this section.
(2)
If designated on the county development plan, Town Comprehensive Plan, plan component, Official Map, or component neighborhood or subarea development plan, such park areas shall be made a part of the certified survey map, subdivision plat, condominium, or multiple-family dwelling development as stipulated in § 340-11 of these regulations.[1]
(3)
If not so designated, consideration shall be given in the location
of such sites to the preservation of scenic and historic sites, young
or mature woodlands, wetlands, lakes and ponds, watercourses, watersheds,
drainageways, steep slopes, and ravines.
B.
Selection of options. The Plan Commission shall, at the time of reviewing
the certified survey map, preliminary plat, condominium, or multiple-family
dwelling development, recommend to the Town Board one of the following
options and record such recommendation in the minutes of the meeting
at which the certified survey map, preliminary plat, condominium,
or multiple-family dwelling development is presented for approval.
The Town Board, at the time of reviewing the certified survey map,
preliminary plat, condominium, or multiple-family dwelling development
and after reviewing the recommendation of the Plan Commission, selects
one of the following options and records such selection in the minutes
of the meeting at which the certified survey map, preliminary plat,
condominium, or multiple-family dwelling development is presented
for approval:
C.
Exemptions. Subject to the requirements and provisions of Chapter 310, Impact Fees, Article I, Parks, Playgrounds and Recreational Facilities, established pursuant to the requirements of § 66.0617, Wis. Stats., as amended, where a lot, parcel or dwelling unit for which dedication or fee in lieu of dedication has once been paid is further divided or additional dwelling units created, dedication or payment in lieu of dedication shall be required only for the additional lots, parcels, or dwelling units created. No lot or dwelling unit which is fully developed for residential purposes at the time of the creation of the subdivision, certified survey map, condominium, or multiple-family dwelling development shall be required to pay a public outdoor recreation land site fee. Lots or parcels designated as outlots, as defined by this chapter, shall not be counted as lots or parcels for which a land dedication is required or to provide a fee in lieu of dedication. Lots or parcels designated as outlots may, however, be dedicated or reserved as public sites as long as their intended public use is so designated on the face of the subdivision plat, certified survey map, condominium, or multiple-family dwelling development.
D.
Dedication of site option.
(1)
Determination of the amount of land to be dedicated. Whenever a proposed
playground, park, or other public open space land designated on the
county's development plan, Town's Comprehensive Plan, neighborhood
unit development or subarea plan, or other Comprehensive Plan component
is encompassed, all or in part, within a tract of land to be divided
by either a certified survey map or subdivision plat or is a part
of a condominium or multiple-family dwelling development, the public
lands shall be made a part of the certified survey map, preliminary
plat, condominium, or multiple-family dwelling development and shall
be dedicated to the public by the subdivider or condominium developer
at the following rates for the provision of the following public outdoor
recreation lands:
(2)
Maximum period of land reservation. Any such proposed lands in excess
of the rate established herein shall be reserved for a period not
to exceed five years, unless extended by mutual agreement, for purchase
by the public agency having jurisdiction at undeveloped land prices.
If the lands in excess of the established rate are not acquired within
the five-year period as set forth herein, the land will be released
from reservation to the property owner.
(3)
Stormwater detention/retention areas or basins, wetlands, shoreland
wetlands, and/or floodplains not qualified for meeting land area requirements.
Areas used or required for stormwater detention or retention areas
or basins, wetlands, shoreland wetlands, and/or floodplains shall
not qualify for meeting the land area requirements set forth herein
for the dedication of suitable public outdoor recreation lands. If
such sites are dedicated for public use, they shall be in addition
to suitable land area that meets the land area dedication requirements
set forth herein.
E.
Reservation of site options. Whenever a proposed playground, park,
or other public open space land designated on the county's development
plan, Town's Comprehensive Plan, neighborhood unit or subarea development
plan, or other Comprehensive Plan component is encompassed, all or
in part, within a tract of land to be divided by either a certified
survey map or subdivision plat or is a part of a condominium or multiple-family
dwelling development, and whenever the subdivider or condominium developer
is given the option to dedicate or reserve public sites and open spaces
by the Plan Commission, the public lands shall be made a part of the
certified survey map, preliminary plat, condominium, or multiple-family
dwelling development and reserved for a period not to exceed five
years, unless extended by mutual agreement, for purchase by the public
agency having jurisdiction at undeveloped land prices.
(1)
For reserved lands:
(a)
The subdivider or condominium developer shall pay a public outdoor recreation land site fee under the requirements and provisions of Chapter 310, Impact Fees, Article I, Parks, Playgrounds and Recreational Facilities, established pursuant to § 66.0617, Wis. Stats., as amended at the time of application for final plat, condominium, or multiple-family dwelling development approval at the rate and according to the procedures set forth in Subsection F of this section.
(b)
Restrictive covenants shall be placed on plats identifying the
outlots reserved along with the date of release from the restrictions.
(2)
Reserved lands will be released from reservation to the owner if
the lands in excess of the established rate are not acquired within
the five-year period.
G.
Designation of outlots as public sites. Lots or parcels designated
as outlots, as defined by this chapter, may be dedicated or reserved
as public sites by the subdivider or developer (as applicable) as
long as the intended public use of said outlots is so designated on
the face of the subdivision plat, certified survey map, condominium
or multiple-family dwelling development.[2]
[2]
Editor's Note: Original § 1.1010H, Stormwater detention/retention areas or basins, wetlands, shoreland wetlands, and/or floodplains not qualified for meeting land area requirements, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I.
Public pedestrian access. In addition to those requirements set forth in § 340-11E of this chapter, where a certified survey map, preliminary plat, condominium, or multiple-family dwelling development abuts a public use area, such as a park, lake, stream, hunting grounds, or any similar type of public recreational area, the subdivider or developer (as applicable), at the option of the Town of Barton and/or the appropriate municipality, may be required to provide a pedestrian access easement at least 20 feet wide at approved distance intervals connecting such public area with a public street.
J.
Effective date of dedication of land for public purposes. The dedication
of land for public purposes, such as parkways or recreational corridors,
parks, playgrounds, open space sites, rights-of-way, or easements,
becomes effective at the time of approval and/or recording of certified
survey map, preliminary plat, condominium, or multiple-family dwelling
development.
K.
Building and development restrictions on lands reserved for public
acquisition. On lands reserved for eventual public acquisition, no
building or development shall be permitted during the period of reservation.
(1)
The reservation period shall not be longer than five years unless
arranged otherwise with the subdivider or developer.
(2)
Land so reserved must be clearly delineated and dimensioned (including
square footage or acreage) on the final plat, certified survey map,
condominium or multiple-family dwelling development plans.
L.
Minimum site preparation required of dedicated public sites.
(1)
When public sites are dedicated as public sites, the subdivider or
developer (as applicable) shall:
(a)
Properly grade and contour the public site for proper drainage and
for the anticipated use of the area.
(b)
Cover areas to be seeded with a minimum of four inches of quality
topsoil. Said topsoil furnished for the park site shall consist of
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.
(c)
Provide such improvements to the public site as may be agreed upon
and as set forth in the subdivider's agreement between the Town and
the subdivider or developer (as applicable).
(2)
If the subdivider or developer (as applicable) fails to satisfy the
requirements of this section, the Town Board may take action to satisfy
the requirements and bill such costs to the subdivider or developer
(as applicable) following written notice to the subdivider or developer
(as applicable) of noncompliance. Failure of the subdivider or developer
(as applicable) to pay such costs may result in the immediate withholding
of all building permits for the subdivision, certified survey map,
condominium, or multiple-family dwelling development until such costs
are paid.
