A.
It is the intent of the City to ensure the quality in land development
and to insure that each development pays its share of the cost of
public facilities and services. The City will encourage the use of
planned developments employing innovative techniques for the design
of functional and aesthetic neighborhoods which maximize open space
and preserve the natural environment. Subdivisions shall be serviced
by public water and sanitary sewers and by public streets.
B.
Prior to final approval and acceptance of improvements, and prior
to the issuance of any building permits in a subdivision located within
the corporate limits and extraterritorial plat approval jurisdiction
of the City of Watertown, the subdivider shall install public improvements
as hereinafter provided. These improvements may be installed in plat
phases approved by the Plan Commission and public improvement phases
approved by the Public Works Commission. No building permit may be
issued for construction outside of phases of the plat which have not
had plans fully approved by the City.
A.
The subdivision shall be monumented in accordance with the requirements
of § 236.15, Wis. Stats. If the topography is such that
extensive grading is required, the subdivider may, with the permission
of the Public Works Director/Engineer, place the monuments after the
grading is completed, provided the subdivider executes a surety bond
in an amount required by the Public Works Director/City Engineer to
insure that the monuments will be placed within the required time.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
Where the plat is located within a United States Public Land Survey
quarter section the corners of which have been relocated, monumented
and placed on the Wisconsin State Plane Coordinate System by Dodge
or Jefferson County or the City, the plat shall be tied directly to
two or more of the section or quarter corners so relocated, monumented
and coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the type of monument and
Wisconsin State Plane Coordinates of the monument marking the relocated
section or quarter corners to which the plat is tied shall be indicated
on the plat. All distances and bearings shall be referenced to the
Wisconsin Coordinate System, South Zone. The grid bearing and distance
of the tie shall be determined by a closed survey meeting the error
of closure herein specified for the survey of the exterior boundaries
of the subdivision and as adjusted to the City's control survey.
All proposed development shall conform to the Comprehensive
Plan, Plan for Parks and Open Space, Transportation Plan, Utility
Plans and the Official Map of the City as they relate to utilities
and transportation facilities. The classification and location of
all streets shall conform to the Official Map and shall be considered
in their relationship to existing and planned streets, to topographic
conditions, to natural features, to public convenience and safety,
and in their appropriate location to the proposed uses of the land
to be served.
A.
The arrangement of streets in new subdivisions shall make provision
for the continuation of existing streets in adjoining areas.
B.
Where adjoining areas are not subdivided or developed and the Comprehensive
Plan indicates development is desired, the arrangement of streets
in the proposed development shall provide for proper projection of
streets to the boundary of the proposed development.
A.
The lengths, widths and shapes of blocks shall be compatible with
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. Block lengths in residential areas
shall not be less than 600 feet nor more than 1,000 feet between street
lines unless dictated by exceptional topography or other limiting
factors of good design.
B.
Blocks shall be sufficient width to provide for two tiers of lots
of appropriate depth except where otherwise required to separate residential
development from through traffic.
C.
Pedestrianways or crosswalks, not less than 10 feet in width, shall
be provided near the center and entirely across any block 900 feet
or more in length or elsewhere where deemed essential to provide convenient
pedestrian circulation or access to parks, schools, shopping centers,
churches or transportation facilities.
A.
The size, shape and orientation of the lots shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated.
C.
Excessive depth in relation to width shall be avoided, and a proportion
of two to one shall normally be considered as a desirable maximum
for lots.
D.
Side lot lines shall be right angles to straight lines or radial
to curved street lines on which the lots face whenever possible.
E.
Corner lots shall have sufficient width to permit adequate building setbacks from side streets to conform with Chapter 550, Zoning.
F.
Every lot shall front or abut on a public street.
G.
Lot lines shall follow municipal boundary lines.
H.
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.
A.
Where they are not controlled by the Zoning Code, building setback lines appropriate to the location and type of development shall be established by the Plan Commission, but shall in no instance be less than typically required by Chapter 550, Zoning.
B.
Where lots abut navigable waters, building setback lines for all
buildings and structures except piers, marinas, boathouses and similar
uses shall be shown on the plat and shall not be less than 75 feet
from the ordinary high-water line as measured in a horizontal plane.
Every lot or parcel created shall have a minimum frontage of
25 feet on a public right-of-way.
Whenever the proposed subdivision contains or is adjacent to
a railroad right-of-way or limited access highway, the subdivider
shall proceed as follows:
A.
In residential districts a buffer strip at least 30 feet in depth,
in addition to the normal lot depth required, shall be provided adjacent
to the right-of-way of a railroad or limited access highway. This
strip shall be a part of the platted lots, but the following restriction
shall be written on the plat: "This strip reserved for the planting
of trees or shrubs by the owner. The building of structures hereon
is prohibited, and this strip shall not be counted as any required
yard. Maintenance of this strip is a responsibility of the lot owner."
B.
The Plan Commission may require a street approximately parallel to
and on each side of such right-of-way at a distance suitable for the
appropriate use of the intervening land.
C.
Location of local streets immediately adjacent and parallel to railroad
rights-of-way shall be avoided.
All streets must meet the design standards in Table 1[1] as well as the following requirements:
A.
Additional right-of-way on existing streets. Developments that adjoin
existing streets which have rights-of-way less than the minimum standard
than the roadway as classified in the Comprehensive Plan and/or Official
Map shall dedicate additional right-of-way to meet those minimum standards.
B.
Temporary roadway termination. Where a street is terminated temporarily
at the edge of a development and the street is longer than 240 feet
or two lot widths, a temporary turnaround shall be provided by one
of the following methods:
(1)
If the adjacent land is owned by the subdivider, a temporary turnaround
can be provided through a restriction (temporary easement) on said
land. Such a turnaround shall be constructed to City standards.
(2)
The subdivider may provide the required turnaround on one of the
last lots fronting on the temporary dead-end street through the use
of a temporary easement running to the City. Such a turnaround shall
be constructed to City standards.
C.
Reserve strips. There shall be no reserve strips controlling access
to streets except where control of such strips is placed in the City
under conditions recommended by the Plan Commission and approved by
the Common Council.
D.
Half streets. Where an existing dedicated or platted half street
is adjacent to a tract being subdivided, the other half of the street
shall be dedicated by the subdivider. In new plats, the creation of
half streets is prohibited.
E.
Street jogs. Street jogs with center-line offsets of less than 150
feet shall not be allowed. On collectors and arterials, offsets of
less than 600 feet shall not be allowed.
F.
Intersections.
(1)
No more than two streets shall intersect at one point.
(2)
Such intersection shall be laid out so that the angle of intersection
is as nearly as possible a right angle.
(3)
No street shall intersect another street at less than a 75° angle.
(4)
Intersections along arterial streets shall be held to a minimum,
and, whenever feasible, the minimum distance between intersections
shall be 1,200 feet.
G.
Restriction of access (protection of arterial streets and highways).
Whenever a proposed subdivision contains or is adjacent to an arterial
street or highway, adequate protection of residential property, limitation
of access and the separation of through and local traffic shall be
provided by:
H.
Street names. A proposed street which is in alignment with or joins
an existing and named street shall bear the name of the existing street.
In no other case shall the proposed name of the street duplicate the
name of an existing street within the Watertown Fire Department Service
District. The use of the suffix "street," "avenue," "boulevard," "drive,"
"place" or "court" or similar description shall not be distinction
sufficient to constitute compliance with this subsection.
I.
Alleys. Alleys shall not be allowed in residential districts, except
as approved as part of a planned unit development. In commercial,
office and industrial districts, alleys or other definite and assured
provisions shall be made for off-street parking, loading and service
access consistent with and adequate for the uses proposed but not
inconsistent with the operation and use of the abutting street. No
dead-end alleys shall be allowed, nor shall any alley have its point
of connection on an arterial street.
J.
Cul-de-sac streets. No more than 20% of the lots within a final plat
may abut a cul-de-sac except where necessary to provide a development
solution (as determined by the Public Works Director/City Engineer)
to a portion of the subject property otherwise undevelopable due to
surrounding existing development or natural feature such as floodplain,
wetland or steep slope. All cul-de-sac streets shall terminate in
a circular turnaround meeting the dimension standards in Table 1.[2]
[Amended 7-5-2022 by Ord. No. 22-63]
[2]
Editor's Note: Table 1, Minimum Roadway Design Standards, is included as an attachment to this chapter.
K.
Parkways, greenways and environmental corridors. When parkways, greenways
and environmental corridors are to be provided within the proposed
plat or certified survey and they are not officially mapped in enough
detail to determine exact dimensions, their width shall be determined
by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
L.
Grades. The maximum street grades shall be those in Table 1.[3] Pedestrianways shall have a maximum grade of 8%. Changes
in street grades shall provide such sight distances as the Public
Works Director/City Engineer determines are required. Street grades
shall be established to avoid, wherever possible, excessive grading,
removal of ground cover and trees and leveling of the topography.
[Amended 7-5-2022 by Ord. No. 22-63]
[3]
Editor's Note: Table 1, Minimum Roadway Design Standards, is included as an attachment to this chapter.
M.
Pedestrianways and bikeways. In the design of the plat, the developer shall make provisions for pedestrianways and bikeways for transport and recreation as required by the Plan Commission on recommendation of the Park, Recreation and Forestry Commission. Where it is deemed necessary by the Public Works Commission, and in conformance with the provisions of § 545-15C above, walks and paths away from streets in common areas shall be lighted for safety and to permit visual surveillance in accordance with § 545-29.
N.
Street grading.
[Amended 7-5-2022 by Ord. No. 22-63]
(1)
With the submittal of the preliminary plat, the subdivider shall furnish standard drawings which indicate the existing and proposed grades of streets shown on the plat. After completion of design engineering work on the streets and approval of street grades by the Public Works Director/City Engineer and the approval of erosion control measures by the Public Works Director/City Engineer, the subdivider shall grade as required within the right-of-way of the streets proposed to be dedicated, including the vision clearance triangle on corner lots as required in Chapter 550, Zoning. In cases where an existing street right-of-way is made a part of the plat or abuts the plat, the subdivider shall grade that portion of the right-of-way between the existing pavement and the property line.
(2)
The bed for the roadways in the street rights-of-way shall be graded
to subgrade elevation. The Public Works Director/City Engineer shall
approve all grading within rights-of-way, and said grading shall extend
for a sufficient distance beyond the right-of-way to ensure that the
established grade will be preserved. The grading of rights-of-way
for principal and primary arterials shall only be required where necessary
to provide access to the streets or lots in the plat. Lots, where
they abut principal and primary arterials, shall be graded to proposed
street grade or to a grade approved by the Public Works Director/City
Engineer prior to sale.
O.
Street construction.
[Amended by Ord. No. 01-10; 7-5-2022 by Ord. No. 22-63]
(1)
After sanitary sewer and water utilities have been installed, and
after storm sewer trunk lines, manholes and catch basins have been
installed, the subdivider shall construct and dedicate as part of
the subdivision streets and sidewalks, including those adjacent to
platted lots in existing street rights-of-way abutting the plat, curbs
and gutters, local storm sewer inlets, leads, manholes, catch basins
and lines as deemed necessary by the Public Works Commission and required
by the Common Council. The subdivider shall surface roadways to the
widths prescribed by the Public Works Commission and the Public Works
Director/City Engineer. Construction shall be to City standard specifications
for street improvements. Sidewalk shall be installed as per the requirements
in § 545-18C.
(2)
All required installations of sanitary sewer, water main, stormwater
facilities, bikeways, gravel, binder course of asphalt pavement, curb
and gutter, and related improvements shall be made by the subdivider
prior to the issuance of building permits. The final lift of asphalt
shall be installed in the construction season following these improvements
to permit settling associated with the winter freeze-thaw cycle. Any
required installation of curb and gutter shall be completed by October
15 of any given year, and any required placement of asphalt pavement
shall be completed by November 1 of any given year, unless inclement,
unseasonable or marginal weather conditions exist prior to these respective
dates. In that case, the Public Works Director/City Engineer shall
determine under what circumstances either installation may be allowed.
If not completed by these dates, no building permits shall be issued
until the required work is completed in the next construction season.
Sidewalks shall be installed for each lot prior to occupancy, except
that the entire required sidewalk network shall be installed within
two years of final plat recordation.
(3)
Street and sidewalk construction must comply with City standard specifications
and be inspected by the Public Works Director/City Engineer. The maintenance
responsibility for pedestrianways and bikeways that are not located
in the public street right-of-way shall go to abutting property owners
in the same manner as those in the public right-of-way.
[1]
Editor's Note: Table 1, Minimum Roadway Design Standards, is included as an attachment to this chapter.
The subdivider shall install water facilities necessary to serve
the subdivision as designated and approved by the Public Works Commission.
These improvements are subject to Water Department specification and
inspection and may be required off site to ensure appropriate service
(as determined by the Water Department). The developer shall guarantee
the functional operation of all system parts for one year from date
of acceptance. Acceptance by the City shall be contingent upon the
developer meeting all conditions, including approved design, installation,
regulatory approvals, payment of all costs for the total project,
and any special provisions indicated for a particular project. All
water system improvements, upon inspection and acceptance, become
the property of the City of Watertown Public Works Commission.
The subdivider shall install sanitary sewer facilities necessary
to serve the subdivision as designated and approved by the Public
Works Commission. These improvements are subject to the City of Watertown
specifications and inspection. The developer shall guarantee the functional
operation of all system parts for one year from date of acceptance.
Acceptance by the City shall be contingent upon the developer meeting
all conditions, including approved design, installation, regulatory
approvals, payment of all costs for the total project, and any special
provisions indicated for a particular project. All sewer system improvements,
upon inspection and acceptance, become the property of the City of
Watertown.
A.
Underground requirements.
(1)
All new electric distribution lines, all new telephone lines from
which individual lots are served, community antenna television cables
and services, and gas utility services shall be underground unless
the Plan Commission shall find upon study that:
(2)
Associated equipment and facilities, such as, but not limited to,
substations, pad-mounted transformers, pad-mounted sectionalizing
switches and pedestal-mounted terminal boxes, may be located above
ground, provided that they are located in an inconspicuous manner,
screened from public view and fit into the development plans for the
subdivision.
(3)
The subdivider or his agent shall furnish proof to the Plan Commission
that such arrangements as may be required under applicable rates and
rules filed with the Public Service Commission of the State of Wisconsin
have been made with the owners of such lines or services for placing
their respective facilities underground, as required by this section,
as a condition precedent to approval of the final plat, development
plan or certified survey map.
(4)
Temporary overhead facilities may be installed to serve a construction
site or where necessary because of severe weather conditions. In the
latter case, within a reasonable time after weather conditions have
moderated or upon completion of installation of permanent underground
facilities, such temporary facilities shall be replaced by underground
facilities and the temporary facilities removed.
B.
Easement conditions.
(1)
Adequate easements shall be provided and dedicated on each side of
all rear lot lines and on side lot lines, across lots, or along front
lot lines where necessary, for the installation of storm and sanitary
sewers, gas, water, electric lines and communication lines. Such easements
shall be noted as "utility easements" on the final plat or certified
survey map. Prior to approval of the final plat, the specific implementation
plan for a planned unit development (PUD), the comprehensive development
plan, or the certified survey map, concurrence of the appropriate
electric and gas communications companies as to the location and width
of the utility easements shall be noted on the final plat, specific
implementation plan for the PUD, comprehensive development plan, or
certified survey map. All easements for storm and sanitary sewers,
water mains, pedestrian walks and other public purposes shall be noted
thereon as "public easements for" followed by reference to the use
for which they are intended.
(2)
Where the electric and gas communications facilities are to be installed
underground, the utility easements shall be graded to within six inches
of final grade by the subdivider prior to the installation of such
facilities, and earth fill, piles or mounds of dirt shall not be stored
on such easement areas. Utility facilities when installed on utility
easements, whether overhead or underground, shall not disturb any
monumentation in the plat. In cases where monumentation is disturbed,
the utility shall bear the cost of replacement. Failure to comply
will be subject to penalty as provided in § 236.32, Wis.
Stats.
(3)
Where the electric and gas communications facilities are to be installed
underground, a plat restriction shall be recorded with the final plat
or certified survey map, stating that the final grade established
by the subdivider on the utility easements shall not be altered by
more than six inches by the subdivider, his agent or by subsequent
owners of the lots except with written consent of the utility or utilities
involved. The purpose of this restriction shall be to:
(a)
Notify initial and future lot owners of the underground facilities
at the time of purchase;
(b)
Establish responsibility in the event of damage to such facilities;
and
(c)
Establish the need to alter such facilities. When the utility
company uses a service application, said application should also notify
the initial and subsequent lot owners of their responsibility regarding
such underground facilities.
A.
Greenways and environmental corridors included within land to be
divided shall receive the following prescribed treatment by the owner
of the subdivision. Where a subdivision is traversed by a waterway,
drainageway, channel or stream, or mapped greenway/environmental corridor,
an adequate drainageway or easement shall be provided as required
by the Plan Commission conforming substantially with the line of such
watercourse. The location, width, alignment and improvement of such
drainageway or easement shall be subject to the approval of the Plan
Commission. Parallel streets or parkways may be required. Stormwater
drainage shall be maintained by landscaped open channels of adequate
size and grade to accommodate the flow resulting from the one-hundred-year
rainfall event of any duration, such sizes and design details to be
subject to review and approval by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
The subdivider shall be responsible for an acceptable continuous drainageway through the proposed plat as determined by the Public Works Director/City Engineer. The subdivider shall furnish the Public Works Director/City Engineer with a plan outlining the greenway/environmental corridor boundaries and the location of existing drainageways. Such areas shall be dedicated or reserved as required by § 545-3E. In addition, the subdivider shall furnish to the Public Works Director/City Engineer a set of cross sections (on fifty-foot stations) of the greenway based on City datum oriented upon a base line as prescribed by the Public Works Director/City Engineer. Where a natural drainageway exists which has acceptable hydraulic capacities including alignment and grade as determined by the Public Works Director/City Engineer, construction will not be required and the existing natural growth shall be preserved. Where such natural growth is not preserved by action of the subdivider or his agents, he shall be responsible for repairing the disturbed areas by returning them to the original condition by methods approved by the Public Works Director/City Engineer. When it is determined by the Public Works Director/City Engineer that the hydraulic capacities including alignment and grade are not acceptable, then such alignment, grade and slopes shall be improved by the subdivider to the cross section specified by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
C.
The subdivider shall install permanent pipes or culverts at a grade
designated by the Public Works Director/City Engineer under all streets
crossing a greenway or drainageway. Said installation shall be in
accordance with the State of Wisconsin Specifications for Road and
Bridge Construction. Culverts required across intersections for temporary
street drainage and shall be furnished and installed by the developer.
All temporary culverts installed by the developer shall be completely
removed when the streets are constructed to City standards and the
area restored to as nearly original condition as possible, as determined
by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
D.
In order to assure proper drainage, the ground elevation along any
lot line common with the boundary of a greenway/environmental corridor
shall be to an elevation approved by the Public Works Director/City
Engineer. All lot grading and building elevations shall provide for
positive drainage. Grading or filling within the greenway/environmental
corridor limits is prohibited.
[Amended 7-5-2022 by Ord. No. 22-63]
E.
Greenways/environmental corridors shall be limited to public uses.
A.
Two weeks prior to submittal of the preliminary plat for review and
approval, the subdivider shall submit to the Public Works Director/City
Engineer a surface water drainage plan for the plat. This plan may
be a part of the erosion control plan. The plan shall indicate but
not be limited to the following: elevation of streets, existing topography
of the block, proposed drainage swales, proposed yard swale, proposed
lowest finished floor elevation range, and indication of the direction
of drainage.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
Upon approval of the plan, the developer shall place on the preliminary
plat arrows to indicate the direction of drainage swales required
for intrablock drainage and the following note: "Arrows indicate direction
of drainage swale construction during grading and said swales shall
be maintained by the lot owner unless modified with approval of the
Public Works Director/City Engineer."
[Amended 7-5-2022 by Ord. No. 22-63]
C.
A minimum six-foot-wide drainage easement (three feet on each side
of the property line) shall be retained along all joint property lines
on the plat. Such easement shall be designated as a stormwater drainage
easement and shall conform to the drainage plan.
D.
Where a subdivider's subsoil investigation indicates potential for
groundwater less than 10 feet from the proposed street center-line
elevation, the subdivider shall so note on the face of the plat and
indicate the lots affected.
A.
The subdivider shall install all temporary and permanent erosion control and sediment control structural aid works as outlined in approved plans required by Chapter 288, Erosion and Sediment Control, of this Code.
B.
The subdivider shall employ erosion control measures to prevent erosion, siltation, sedimentation, and washing and blowing of dirt and debris from excavation, grading, open cuts, side slopes and related activities of the subdivider or the contractors. Such measures shall include, but not be limited to, seeding, sodding, mulching, watering, ponding and the construction of berms. Plans for erosion control may be submitted to the Dodge or Jefferson County Soil and Water Conservation District for review and comments. These comments shall be available to the Public Works Director/City Engineer for review two weeks prior to submittal of the final plat and before any land surfaces are disturbed. Such plans shall meet the requirements of the Municipal Code relating to land grading and Chapter 288, Erosion and Sediment Control. Guidelines, standards and specifications contained in the Natural Resources Conservation Service publication "Minimizing Erosion in Urbanizing Areas" shall provide a framework for the development, review and implementation of the erosion control plan.
[Amended 7-5-2022 by Ord. No. 22-63]
All proposed development shall be in compliance with Chapter 288, Erosion and Sediment Control, and Chapter 453, Stormwater Management, of this Code. Specifically, the subdivider shall install storm sewers and all other facilities necessary for the management of all stormwater deriving from the lands being developed in accordance with the requirements of said policy and related provisions of this chapter.
[Amended by Ord. No. 98-6]
A.
ARTERIAL STREETS
BIKEWAYS
LOCAL STREETS
LOW USE STREETS
MAJOR STREETS
SIDEWALKS
As used in this section, the following definitions shall apply:
Arterial streets serve trips of moderate length and provide
intracommunity continuity and access to major streets. They provide
more emphasis on land access than major streets.
Bikeways shall serve both pedestrian and bicycle traffic
in areas where the majority of the adjoining lots do not have frontage
or access to a street. In general, those lots which do not front or
have access on the street in question are not the generating or terminating
point for the pedestrian or bicycle traffic. Bikeways shall be designed
to transport the majority of pedestrian or bike traffic through the
area as opposed to serving the adjoining lots as a sidewalk does.
Bikeways shall be constructed of bituminous pavement at least eight
feet in width in accordance with City specifications.
Local streets provide both land access service and traffic
circulation within residential neighborhoods and commercial and industrial
areas.
Low use streets comprise all facilities not classified to
a higher use. These streets serve small traffic volume and a limited
number of properties and provide access to the higher ordered streets.
Culs-de-sac and short streets are included in this classification.
Major streets serve the major centers of community activity,
contain the highest traffic volume corridors and are through streets
for long distances within the City. They shall include all state trunk
highways, county trunk highways and their in-town extensions.
Sidewalks shall be constructed of concrete, usually five
feet in width, with the thickness to be determined by City specifications.
Sidewalks shall be located as far from the traffic lane as is possible,
but not closer than six inches within the right-of-way line.
B.
Required sidewalk location. The subdivider shall be required to install
sidewalks on both sides of all major streets and arterial streets
and those local streets where access needs to be obtained to and from
uses, such as, but not limited to, business establishments, schools,
churches, neighborhood parks, shopping districts, restaurants or high-density
multifamily residential developments. Local streets and low use streets,
other than cul-de-sac streets, shall have a sidewalk on the west side
and the north side only. Cul-de-sac streets need not have sidewalks,
except where access needs to be obtained to and from uses, such as,
but not limited to, business establishments, schools, churches, neighborhood
parks, shopping districts, restaurants or high-density multifamily
residential developments.
C.
Construction standards.
(1)
Sidewalks shall be constructed of concrete, usually five feet in
width, in accordance with City specifications. Sidewalks shall be
four inches thick, except at driveway locations where they shall be
six inches thick. If at the time of installation the driveway location
is not known, the four-inch slabs shall be replaced with six-inch
slabs by the developer or owner once the driveway is located.
(2)
Bikeways shall be constructed of bituminous pavement at least eight
feet in width, in accordance with City specifications.
(3)
Sidewalks and bikeways constructed at street intersections or within
five feet of a legal crosswalk shall include provisions for curb ramping
as required by § 66.0909, Wis. Stats., and in accordance
with City specifications. Sidewalks and bikeways are to be laid to
the established grade of the street. The street edge of the sidewalk
or bikeway pavement shall be at an elevation above the top of the
curb determined by the Public Works Director/City Engineer's staff.
[Amended 7-5-2022 by Ord. No. 22-63]
(4)
Bikeways shall be reviewed by the Public Works Commission on a case-by-case
basis. Maintenance of these bikeways shall be incorporated into the
developer's agreement.
(5)
Sidewalks shall be installed for each lot prior to occupancy, except
that the entire required sidewalk network shall be installed within
two years of final plat recordation.
The developer shall pay to the City of Watertown the costs for
installing streetlights. Streetlighting must meet the City's standard
specifications. Payment for streetlights shall be made prior to the
issuance of building permits. In areas where underground electric
facilities are installed, poles for lighting may be ornamental. The
subdivider shall provide street, pedestrianway and bikeway lighting
systems within the area being developed, upon consultation with the
appropriate electric utility and as approved by the Public Works Commission.
All streetlighting will be installed by the electric utility serving
the City of Watertown.
The developer shall pay to the City of Watertown the costs for
installing all street name signs, temporary street dead-end barricades
and signs, all no parking signs, all traffic control signs and pavement
markings as required by City standards prior to acceptance of the
subdivision or submit a fee deposit in lieu per City direction.
Street trees are not required under this chapter.
[Amended 7-5-2022 by Ord. No. 22-63]
Where a plat, certified survey or planned development project
contains a buffer strip required by this chapter, the developer shall,
prior to recording of a final plat or certified survey or prior to
the issuance of a certificate of occupancy for a development project,
install plantings in conformance with this Code or shall file with
the City Clerk a contract, guaranteed by bond in an amount determined
by the Public Works Director/City Engineer, in which the developer
agrees to provide such plantings. The plantings are to be trees and
shrubs of the varieties required and shall be of sufficient density
to accomplish visual screening.
[Amended by Ord. No. 97-63; Ord. No. 99-13; Ord. No. 02-60; Ord. No. 05-2; Ord. No. 06-22A; Ord. No. 09-21A]
The requirements of this section are established to ensure that
adequate parks, open spaces and sites for other public uses are properly
developed, located and preserved as the City grows and that the cost
of providing the park and recreation sites and facilities necessary
to serve the additional people brought into the community by land
development may be equitably apportioned on the basis of the additional
needs created by the development. The requirements shall apply to
all lands proposed for all residential development, including those
which do not involve an additional land division.
A.
Parkland dedication fees and land dedications.
(1)
Any development approval which enables the creation of additional
dwelling units shall require compliance with this parkland dedication
fee and land dedication requirement. This would include any land division
which creates new lots. It would also include any building permit
for any dwelling unit per existing lot (single-family, duplex, or
other multifamily building). Except for developments submitted to
the City for approval prior to June 14, 2006, and after September
7, 2016, each new development within the corporate limits of the City
shall be required to comply with the parkland dedication requirements
here stated, including the parkland dedication fee imposed in lieu
mechanism authorized under this chapter (as applicable), as well as
the subsections following hereto.
[Amended 6-20-2017 by Ord. No. 17-17]
(2)
In the design of a subdivision, including minor subdivisions, or
planned developments, provision shall be made for suitable sites of
adequate area for parks, playgrounds, open spaces, schools, drainageways,
stormwater management or treatment facilities and other public purposes.
Such sites as are shown on the Official Map, Master Plan or Parks
and Open Space Plan shall be made a part of the design. Where such
are not shown on said plans or map, consideration shall be given to
the preservation of scenic and historic sites, stands of trees, marshes,
ponds, streams, and woodland, prairie and wetland plant and animal
communities.
[Amended 6-20-2017 by Ord. No. 17-17]
(3)
The subdivider shall dedicate suitable land for the park, recreation and open space needs of the development in accordance with standards and recommendations contained in the Plan for Parks and Open Space. This shall include the provision of pedestrian and bikeway linkages necessary to provide access to park, recreation and open space areas as determined by the Plan Commission and the Park, Recreation and Forestry Commission. All required land dedications under this subsection are in addition to the dedications or reservations required in § 545-24.
(4)
The subdivider shall dedicate sufficient land area to provide adequate
park, playground, recreation and open space to meet the needs to be
created by and to be provided for the subdivision, minor subdivision,
or planned development project. At least 1,296 square feet of land
shall be dedicated for each proposed residential dwelling unit within
the approved final subdivision, minor subdivision or planned development
project and 518 square feet of land for each institutional residential
unit.
(5)
Where a definite commitment is made by the subdivider with respect
to the number of dwelling units to be constructed on any parcel of
land, the land dedication shall be based on that number. Where no
such commitment exists, the land dedication shall be based on the
maximum number of dwelling units permitted in the zoning district,
and the Plan Commission shall require additional land dedications
for the allowed increase in dwelling units based on the following
criteria:
(6)
Any multifamily development involving three or more dwelling units
shall be required to provide adequate on-site recreation area to address
the recreational needs of anticipated residents. Said recreation area
shall be considered as the equivalent to "backyard" area that is found
on single-family and two-family lots. Specifically the residential
development shall provide a minimum of 500 square feet per dwelling
unit of usable recreation area in a location and configuration deemed
appropriate by the Plan Commission, upon recommendation from the Park,
Recreation and Forestry Commission. This requirement shall not apply
to single-family detached dwelling units nor to duplex or twin-home
dwelling units.
(7)
All subdivisions, minor subdivisions and planned development projects are required to provide convenient pedestrian and bicycle linkages to park and recreation sites. Where, in the opinion of the Plan Commission, such linkages are required outside the public street right-of-way, they shall be reserved by easement and developed as an obligation of the subdivider or developer. The development of linkages shall be counted toward the parkland dedication requirements in Subsection A(4) above.
(8)
Whenever a park site, recreation site or other public site that is
designated in the Park and Open Space Plan, Comprehensive Plan or
Official Map is of a larger area than the required dedication established
herein, the required dedication shall occur at the same time as final
plat approval. The remaining lands may be reserved by the Common Council
for a period not to exceed three years, unless extended by mutual
agreement. During such time period, the City may, in its discretion,
agree to purchase the reserved lands at the fair market value established
at the time of the final plat approval, plus any real estate taxes
accrued from the date of reservation.
(9)
Any land to be dedicated as a requirement of this section shall be
reasonably adaptable for the intended park and recreation uses and
shall be at a location convenient to the people to be served. Factors
used in evaluating the adequacy of a proposed park and recreation
area shall include, but not be limited to, size, shape, topography,
geography, tree cover, access and location. The determination of land
suitability will be at the sole discretion of the Plan Commission
acting on the recommendation of the Park, Recreation and Forestry
Commission. All lands dedicated under this section shall have at least
100 feet of frontage on a public street. The Plan Commission and Park,
Recreation and Forestry Commission may adjust this frontage requirement
if better alternatives for access are provided.
(10)
At the discretion of the Plan Commission, acting on the recommendation
of the Park, Recreation and Forestry Commission, the Plan Commission
may require the developer to pay a parkland dedication fee in lieu
of making the required land dedication, as the parties may agree by
mutual consent, which has been reduced to writing in a developer's
agreement, when the following findings have been made:
(a)
There is no land suitable for parks within the proposed subdivision
or planned development project;
(b)
The dedication of land is not feasible;
(c)
The dedication of land would not be compatible with the City's
Comprehensive Plan and Park and Open Space Plan; or
(d)
The Commission determines that a cash contribution or combination
of land and fees will better serve the public interest.
(11)
The Plan Commission and the Park, Recreation and Forestry Commission
may permit the subdivider to satisfy the dedication requirements of
this section by combining land dedication with a parkland dedication
fee payment, as the parties may agree by mutual consent, which has
been reduced to writing in a developer's agreement.
(12)
The amount of any parkland dedication fee imposed in lieu of
land dedication may be based on the lesser of either the fair market
value of the amount of land which would otherwise be required to be
dedicated or $256 for each institutional residential housing unit
and $641 each for all other dwelling unit types, as the parties may
agree by mutual consent, which has been reduced to writing in a developer's
agreement.
[Amended 1-20-2015 by Ord. No. 15-3]
(13)
The amount of any parkland dedication fee imposed on the basis of fair market value pursuant to Subsection A(12) above may be determined as follows: The number of proposed residential dwelling units within the plat shall be multiplied by the number of square feet given in Subsection A(4) above, and the number of proposed institutional residential dwelling units shall be multiplied by the number of square feet given in Subsection A(4) above; then the resulting product(s) shall be multiplied by the average value per square foot of improved land in the proposed development. The fair market value shall be determined by the City Assessor based on the projected assessed value adjusted to market value in accordance with current practices of the City Assessor. The fair market value shall be established for the year in which the parkland dedication fee is to be received by the City and reestablished similarly for phased developments. If the subdivider objects to such an evaluation, he may at his expense obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the Common Council if found reasonable. Where applied to tax-exempt development, this approach shall use the most comparable taxable development, as determined by the City Assessor.
(14)
All dedicated parklands shall be graded, topsoiled, seeded and
prepared by the subdivider per the direction and satisfaction of the
Park, Recreation and Forestry Commission or its designee. The costs
for this work shall be reimbursed to the subdivider at the time of
inspection and acceptance by the City. The reimbursement shall be
at a rate of $2,000 per acre.
(15)
All dedicated parklands shall front a public street and be sited
per the direction and satisfaction of the Park, Recreation and Forestry
Commission or its designee. The City shall reimburse the subdivider
for costs associated with public improvements such as streets, curb,
gutter, storm sewer, sanitary sewer, public water, and sidewalks located
within public rights-of-way directly adjacent to dedicated parkland.
This reimbursement shall be intended to cover 1/2 of said costs on
a linear-foot basis. The costs for this work shall be reimbursed to
the subdivider at the time of inspection and acceptance by the City.
The reimbursement shall be at a rate of $200 per linear foot of street
frontage.
B.
Recreation facilities improvement fees.
(1)
The subdivider, developer or landowner shall pay a recreation facilities
improvement fee as set forth herein. "Recreation facilities" means
improvement of land for public parks, including grading, seeding and
landscaping, installation of utilities, construction of sidewalks,
purchase and installation of playground and other recreational equipment,
and construction or installation of restroom facilities on land intended
for public park purposes.
(2)
The recreation facilities improvement fee shall be $506 for each
institutional residential housing unit and $1,264 each for all other
dwelling unit types. This fee shall be additional to the requirement
for parkland dedication or a fee payment in lieu of dedication.
[Amended 1-20-2015 by Ord. No. 15-3]
C.
Fee revenue administration.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-23]
(1)
All monies collected from fee revenues and interest earned thereon imposed under Subsection A or B above shall be used solely for the purpose of paying the proportionate costs of providing public parks, playgrounds, open spaces and athletic fields, together with the supporting recreation facilities to expand or improve them, that may become necessary due to increased land development within the City. These capital costs may include the cost of land acquisition, debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public projects prior to the collection of all anticipated fees for that project, legal, engineering and design costs to reimburse the City for advances of other funds or reserves as from time to time approved by the Common Council.
(2)
The Common Council shall place any fee collected pursuant to the provisions of Subsection A in a separate interest-bearing, segregated fund to be used for land acquisition of adequate park, playground, recreation, athletic fields and open space. The Common Council shall place any fee collected pursuant to the provisions of Subsection B in a separate, interest-bearing, segregated fund to be used for recreation facilities improvements. Monies spent may be expended in other neighborhoods or community facilities in reasonable proximity to the subdivision, as determined by the Common Council, upon recommendation by the Park, Recreation and Forestry Commission.
(3)
Revenues derived from funds collected from impact fees imposed and
collected but not used as statutorily required within the applicable
statutory period from the date of payment of the impact fee, as prescribed
in § 66.0617(9), Wis. Stats., shall be refunded on a prorated,
proportional basis, as determined by the Common Council, to the then-current
owner of record of the property with respect to which the impact fee
was imposed.
[Amended 6-20-2017 by Ord. No. 17-17]
(4)
Any funds subject to a refund may be obtained upon application of
the then-current owner of record, who shall be entitled to return
of the original impact fee paid together with interest at the rate
of 1.0% per year from the date of said payment to the date of said
refund. The owner of record must submit a written application for
a refund to the City Clerk of the City of Watertown within 180 days
after the expiration of the applicable statutory time as prescribed
in § 66.0617(9), Wis. Stats.
[Amended 6-20-2017 by Ord. No. 17-17; 7-5-2022 by Ord. No. 22-63]
(5)
The payment of an impact fee imposed under this section as a condition
of a permit for new construction or issuance of a zoning permit, conditional
use permit, or land division may be contested as to the amount, collection,
refund, or use of the impact fee to the Watertown Public Works Commission,
provided that the applicant files a written notice of appeal in the
office of the City Clerk within 15 days of the approval of the full
building permit by the office of the Building Inspector for new construction
or issuance of any other permit or land division permit upon which
the impact fee is imposed. Such notice of appeal shall be entitled
"Notice of Appeal of Impact Fee" and shall state the applicant'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. Said notice
of appeal of impact fee shall be immediately forwarded by the Clerk
of the City to the Watertown Public Works Commission Chairperson.
The Chairperson shall schedule the appeal for consideration by the
Watertown Public Works Commission at a regular meeting as soon as
reasonably practicable under the circumstances and shall notify the
applicant 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 Watertown
Public Works Commission may adjust the amount, collection, refund
or use of the impact fee upon just and reasonable cause shown. On
and after June 14, 2006, and prior to September 7, 2016, all impact
fees imposed under this chapter that are not otherwise required to
be paid by the developer or land owner as provided above in this subsection
shall be imposed upon each buildable lot in a development and shall
be payable in full, at the annually adjusted rate then in effect,
within 14 days of issuance of any zoning, conditional use or building
permit. After September 7, 2016, all impact fees imposed under this
chapter that are not otherwise required to be paid by the developer
or land owner as provided above in this subsection shall be imposed
upon each buildable lot in a development and shall be payable in full,
at the annually adjusted rate then in effect, at the time of issuance
of any zoning, conditional use or building permit under this chapter
or any other controlling authority.
[Amended 6-20-2017 by Ord. No. 17-17; 7-5-2022 by Ord. No. 22-63]
(6)
The fees imposed under Subsection A and B above shall be paid in full by the subdivider, developer or owner of record of the land development, unless expressly excepted under this section, at the time of the issuance of a full building permit by the office of the Building Inspector for any new construction.
(7)
If the subdivider, developer or owner of record fails to make the entire payment when due, the Building Inspector of the City shall issue a stop order, pursuant to § 253-9 of the City of Watertown Building Code, as from time to time amended, and shall refuse to approve any plans or to perform any further inspections until the fees are paid in full. The Building Inspector may also revoke the entire building permit, pursuant to § 253-19 of the City of Watertown Building Code, if such fees remain unpaid for longer than three months after the due date. The unpaid balance of fees shall bear interest at the rate of 1.0% per month from the date of the full building permit issuance by the office of the Building Inspector through the date of payment. No certificate of occupancy may be issued for buildings on any parcel for which there are unpaid fees. Unpaid fees shall be billed as special charges to the property owner at the time of permit issuance and, if not so paid, shall become a lien as provided in § 66.0627(4), Wis. Stats., and Chapter 76, Article III, of the Code as of the date of such delinquency and shall be automatically extended upon the current or next tax roll as a delinquent tax against that real property parcel. Alternatively, developers or landowners may, at their own option, elect to either pay any or all of the imposed fees at the time of recording or pay any or all of the imposed fees or special charges at any other time prior to the issuance of the zoning, conditional use or building permit.
(8)
For all unplatted lands requiring a plat and for all land divisions,
rezonings or conditional use permits requiring a certified survey
map, no final plat or certified survey map shall be certified as approved
for recording unless the parkland dedication fee is calculated and
noticed on the face of the instrument to be recorded for collection
under this section. A notation shall be placed upon the face of the
plat, map, survey or other document to be recorded, advising of the
fees to be imposed on all buildable lots or developments containing
institutional residential housing units. For all land divisions not
requiring a plat or certified survey map, no rezoning permit, conditional
use permit or building permit shall be issued for a land development
unless the fees imposed under this section are calculated and invoiced
for collection.
(9)
No subdivider, developer or owner of record of a vacant parcel, single-family residence, condominium, duplex or multifamily housing development may transfer, sell or convey such property interest to any person or entity without first providing to such person or entity actual written notice of the amount of the unpaid fees imposed under this section and time schedule for payment of such fees, pursuant to this Subsection C, unless the subdivider, developer or owner of record has previously paid the parkland dedication fees and recreation facilities improvement fees. Inclusion of the notice under this subsection in the real estate condition report furnished to a prospective purchaser of a vacant parcel, single-family residence, condominium, duplex or multifamily housing development shall be sufficient compliance with this requirement.
(10)
The timing of parkland acquisition and recreation facilities
development shall be at the discretion of the City, as recommended
by the Park, Recreation and Forestry Commission. However, where parkland
improvement fees and recreation facility improvement fees have been
acquired to enable the substantial development of planned park and
recreation facilities, the City shall make said improvements within
10 years of the date of fee collection.
(11)
Credit for private park and recreation areas.
(a)
Where private park and recreation areas are provided in a proposed planned development district, and such space is to be privately owned and maintained by the future residents of the development, such areas may be credited toward, but not to exceed 25% of, the requirement of land dedication for park and recreation purposes, as set forth in Subsection A and B above, provided the City Plan Commission, acting upon the recommendation of the Park, Recreation and Forestry Commission, finds it is in the public interest to do so, and that the following standards are met:
[1]
That yards, court areas, setbacks and other open areas required to be dedicated or maintained by this section and Chapter 550, Zoning, shall not be included in the computation of such private open spaces;
[2]
That the private ownership and maintenance of the open space
is adequately provided for by written agreement;
[3]
That the use of the private open space is restricted for park
and recreational purposes by recorded covenants which run with the
land in favor of the future owners of property within the tract and
which cannot be defeated or eliminated without the consent of the
Common Council;
[4]
That the proposed private open space is reasonably adaptable
for use for park and recreational purposes, taking into consideration
such factors as size, shape, topography, geology, access and location
of the private open space land; and
[5]
That facilities proposed for the open space are in substantial
accordance with the recommendations of the adopted Park and Open Space
Plan. If the proposed private park is in the service area of a park
site designated in the park plan or a site dedicated and/or developed
as a public park, then no credits will be given for private facilities.
(b)
In making the evaluation of the credit for private recreation facilities,
the Plan Commission may retain independent professional services (agreed
upon by both parties) to determine the amount of credit, if any, that
should be allowed. The fees for such independent evaluations shall
be paid by the developer.
(12)
The current owner of a property on which an impact fee has been
paid may apply for a refund of such fee if the City has not used such
impact fee within the applicable statutory period from the date of
payment of the impact fee, as prescribed in § 66.0617(9),
Wis. Stats; or the building permit for which the impact fee has been
paid has lapsed for noncommencement of construction; or the project
for which a building permit has been issued has been altered in a
manner which has resulted in a decrease in the amount of the impact
fee due; or as otherwise authorized in this chapter.
[Added 6-20-2017 by Ord.
No. 17-17]
D.
Periodic review of fees. The Watertown Public Works Commission, subject to approval by the Common Council of the City, shall review the parkland improvement fee contained in Subsection A every two years. The Public Works Commission, subject to approval by the Common Council, shall make a recommendation whether to adjust the maximum recreation facilities improvement fee, contained in Subsection B, per dwelling unit annually for inflation during the annual budget process before the Common Council by using the Consumer Price Index for Wisconsin provided by the Wisconsin Department of Revenue as a guide. The amount of either or both of these fees may be changed depending on increases or decreases in the cost of living, the costs of land acquisition, or the costs of construction as determined at such times. Until changed by this process, the current fees shall stay in full force and effect.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-23]
A.
Before final approval of any plat located within the corporate limits
of the City of Watertown, the subdivider shall be required to enter
into a contract with the City agreeing to install all required improvements.
The subdivider shall file with said contract, subject to the approval
of the City Attorney, a bond, certificate of deposit, irrevocable
letter of credit, certified check or other security in an amount equal
to the estimate of the cost prepared by the Public Works Director/City
Engineer as a guarantee that such improvements will be completed by
the subdivider or his contractors not later than 18 months from the
date of recording of the plat. As a further guarantee that all obligations
for work on the improvements are satisfied, the contractor and subcontractors
who are to be engaged in the construction of utilities or street improvements
on dedicated street rights-of-way shall be listed as qualified for
such work by the Public Works Commission. Governmental units to which
these bond and guarantee provisions apply may file, in lieu of said
contract or instrument of guarantee, a letter from officers authorized
to act on its behalf agreeing to comply with the provisions of this
section. The contract shall also require the subdivider to pay all
outstanding assessments for public improvements previously installed
and all area charges for sanitary sewer and water mains, force mains
and pumping stations previously installed by the City. The subdivider
shall provide for connecting with water and sanitary sewer mains,
stormwater drainage facilities, curb and gutter, sidewalk and street
improvements, walkways and bikeways on all abutting streets and on
any streets in the plat not included in the contract which are located
in previously approved and developed phases of the plat.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
In those cases where the Common Council determines it is in the interest
of the City of install improvements by City contract and at such time
as the City may designate, the subdivider shall petition the City
for water, sanitary sewer main, sanitary sewer laterals, curb and
gutter, sidewalk and street improvements. The cost of such improvements
shall be paid by assessments to the benefitted properties. When improvements
are partially installed by City contract in lieu of the preceding
contract, the subdivider shall provide a contract and bond for all
other required improvements.
[Amended by Ord. No. 05-17]
The subdivider shall furnish the City with a reproducible "as
built" file in digital AutoCad format (.dwg or .dxf file format) showing
all improvements for the plat prior to issuance of any building permits.
This file shall be tied to the Wisconsin State Plane Coordinate System,
NAD83 South Zone, U.S. Foot. The subdivider shall also furnish an
itemized cost for the infrastructure improvements in the plat prior
to issuance of any building permits.
All improvements shall comply with the requirements of Appendix
A (attached) and all other requirements of the City of Watertown.[1]
[1]
Editor's Note: Appendix A, Watertown Subdivision Requirements,
is on file at the office of the Public Works Director/City Engineer.
[Added by Ord. No. 03-7]
A.
The subdivider shall seed and mulch all areas disturbed by mass site
grading and utility and infrastructure installation within two weeks
of completion of same or as soon as conditions allow.
B.
The subdivider shall cut all vegetation within all platted subdivisions once by each and every June 10 and August 25 or any other time when vegetation exceeds eight inches in height in accordance with Chapter 446, Article III, of the City's Code. This requirement shall apply to all lands still owned by the subdivider.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-23; 5-2-2017 by Ord. No. 17-11]
C.
After review by the Weed Commissioner, if vegetation is not cut by those dates stated above or as required by Chapter 446, Article III, the Weed Commissioner shall notify the Building, Safety and Zoning Department, and the subdivider, contractor or subcontractors shall not be issued any new permits until vegetation is cut.
