[HISTORY: Adopted by the Common Council of the City of Arcadia 5-19-2009 by Ord. No.
208. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Subdivision Ordinance
of the City of Arcadia" and will be referred to as "this chapter."
B.
Authority. This chapter is adopted in accordance with the authority
granted by § 236.45, Wis. Stats., and for the purposes listed
in §§ 236.01 and 236.45, Wis. Stats.
C.
Scope. This chapter shall apply to all minor subdivisions and major
subdivisions affecting property within the City that are created after
the effective date of this chapter.
The purpose of this chapter is to promote the public health,
safety, convenience, and general welfare. The regulations of this
chapter are designed to lessen congestion in the streets; to foster
the orderly layout and use of land; to ensure safety from fire, flooding,
panic and other dangers; to provide optimum light and air; to discourage
overcrowding of the land; to lessen concentration of population; to
facilitate adequate provision of transportation, public water and
sewerage, schools, parks, playgrounds and other public necessities;
and to facilitate the further division of large tracts of land into
smaller parcels. The regulations of this chapter are made with the
reasonable consideration of, but not limited to, the present character
of the City of Arcadia and its environs, with the objectives of conserving
the value of the land and improvements placed thereon, providing the
most appropriate environment for human habitation, encouraging commerce
and industry, and providing for the most appropriate use of land in
the City. A further purpose of this chapter is to review and regulate
the subdivision of land for the purpose of being consistent with the
Comprehensive Plan as required by § 66.1001, Wis. Stats.
A.
ALLEY
ARTERIAL STREET
BLOCK
COLLECTOR STREET
COMMISSION
COMPREHENSIVE PLAN
CUL-DE-SAC
DIVISION OF LAND
EASEMENT
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
FINAL PLAT
FRONTAGE STREET
IMPROVEMENT, PUBLIC
LOT
LOT AREA
LOT, CORNER
LOT LINES
LOT, REVERSED CORNER
LOT, THROUGH
LOT WIDTH
MAJOR THOROUGHFARE
MARGINAL ACCESS STREET
MINOR STREET
OWNER
PEDESTRIAN PATHWAY or SIDEWALK
PLAT
PRELIMINARY PLAT
PROTECTIVE COVENANT
REPLAT
RURAL SECTION
SHORELANDS
SKETCH PLAT
SUBDIVIDER
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
TEMPORARY
WETLANDS
WISCONSIN STATUTES and ADMINISTRATIVE CODE
ZONING ADMINISTRATOR
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from, or within the City. It has a secondary function
of providing access to abutting land.
An area of land within a subdivision that is entirely bounded
by a combination of streets, exterior boundary lines of the subdivision,
and streams and water bodies.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and minor streets. It provides access to abutting property.[1]
A Comprehensive Plan prepared by the City indicating the
general locations recommended for the various functional classes of
land use, places and structures, and for the general physical development
of the City, and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof, and prepared
under the authority of §§ 62.23 and 66.1001, Wis. Stats.[2]
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
The division of a tract or parcel of land into two or more
parcels of land by conveyance, plat, survey, or for tax purposes.
The conveyance of an easement, other than a public highway easement,
shall not be considered a division of land for purposes of this chapter.
The right of a specific non-owner, the government, or the
general public to use part of the land in a particular way. This right
stays with the land when it is sold unless specific provisions to
the contrary are specified in the creation of the easement.
The unincorporated area within 1 1/2 miles of the City
of Arcadia corporate limits.
The final map, drawing, or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be recorded with the Trempealeau County Register of Deeds. Said
plat must conform to all state laws.
A minor street auxiliary to and located on the side of an
arterial street for control of access.
Any sanitary sewer, storm sewer, open channel, water main,
electric power, street, roadway, streetlights, park, sidewalk, pedestrianway,
planting strip, or other facility for which the City may ultimately
assume the responsibility for maintenance and operation.[3]
A parcel of land having frontage on a public street, occupied
or intended to be occupied by a principal structure or use and sufficient
in size to meet lot width, lot frontage, lot area, yard, parking area,
and other open space provisions of this chapter and any applicable
zoning ordinance.
The area contained within the exterior boundaries of a lot
excluding streets, easements, and land under navigable water as measured
downward from the ordinary high-water mark.
A lot abutting intersecting streets at their intersection.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front setback
line under the applicable zoning ordinance.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways, and other highways and parkways, as well as arterial
streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major thoroughfare.[4]
A street used, or intended to be used, primarily for access
to abutting properties.
A natural person, firm, association, partnership, private
corporation, limited liability company (LLC), public or quasi-public
corporation, or combination of these.
A public way which is intended for the convenience of pedestrians
only; it may also provide public right-of-way for utilities.
The map, drawing, or chart on which the subdivider's plat
of subdivision is presented to the City for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Common Council
for its consideration as to compliance with the Comprehensive Plan
and the regulations of this chapter along with required supporting
data.
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof.
A design for a road or street that does not include curb
and gutter but does include pavement and stormwater management practices
approved by the Wisconsin Department of Natural Resources.
Those lands within the following distances: 1,000 feet from
the ordinary high-water elevation of navigable lakes, ponds, and flowages
or 300 feet from the high-water elevation of navigable streams or
to the landward side of the floodplain, whichever is greater.
A scaled drawing showing the proposed street layout and lot
arrangement of a possible minor subdivision or major subdivision,
and shall include proposed housing density and any other infrastructure
and/or improvements.[5]
Any person, firm, or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a major subdivision, minor
subdivision, or replat.
The division of a parcel or tract of land where the act of
division creates five or more lots, including by successive divisions
within a five-year period. All major subdivisions shall comply with
the terms of this chapter, including both the preliminary and final
plat requirements.
The division of a parcel of land into not more than four
parcels, including by successive divisions within a five-year period.
A minor subdivision shall be subject only to the preliminary plat
review and approval procedure.
A period of time to be determined by the Common Council.
Those lands which are partially or wholly covered by marshland
flora and generally covered with shallow standing water or lands which
are wet and spongy due to high water table and which include the "wetland"
definition of the Wisconsin Department of Natural Resources and the
U.S. Army Corps of Engineers.
The Wisconsin state statutes, including Chapter 236, and the rules of administrative agencies having rule-making authority in the State of Wisconsin, including subsequent amendments and recodifications of said statutes and administrative codes.
The person designated by the City to administer Chapter 425, Zoning, of the City Code.
[2]
Editor's Note: Throughout this chapter "Comprehensive Development Plan" was amended to "Comprehensive Plan" at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The definition of "Comprehensive Plan Commission" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
For the purposes of construing this chapter, words used in the present
tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular
number; the word "shall" is mandatory, not permissive; and all distances,
unless otherwise specified, shall be measured horizontally.
No person shall divide any land located within the jurisdictional
limits of the regulations of this chapter which results in a subdivision,
land division, or a replat as defined herein, no such subdivision,
land division, or replat shall be entitled to record, and no street
shall be laid out or improvements made to land without compliance
with all requirements of this chapter and the following statutes and
regulations, including any amendments and recodifications of such
statutes and regulations:
Jurisdiction of the regulations of this chapter shall include
all lands within the corporate limits of the City of Arcadia as well
as the unincorporated area within 1 1/2 miles of the corporate
limits as provided in § 236.10(1)(b), Wis. Stats. The provisions
of this chapter shall not apply to:
A.
Transfers of interests in land by will or pursuant to court order.
B.
Leases for a term not to exceed 10 years, mortgages, or easements.
C.
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
Any division of land under this chapter shall be surveyed in compliance with the surveying requirements of Ch. 236, Wis. Stats.
No building permit shall be issued by the City authorizing the
building on or improvement of any parcel of land not recorded with
the Trempealeau County Register of Deeds as of the effective date
of this chapter until the provisions and requirements of this chapter
have been met.
A.
Preliminary consultation.
(1)
Before filing a preliminary plat or certified survey, the subdivider
shall initially consult with the Zoning Administrator and Commission
or its consulting staff for advice regarding general subdivision requirements
and to discuss the general size and impact of the proposed subdivision.
The subdivider shall also submit a location map showing the relationship
of the proposed subdivision to traffic arteries and existing community
facilities and utilities, location of any floodplain or floodway boundaries,
and the magnitude of grading and drainage, and a sketch map of the
subdivision concept.
(2)
This consultation is intended to inform the subdivider of the purpose
and objectives of the regulations of this chapter and the Comprehensive
Plan, including the duly adopted plan implementation devices of the
City, and to otherwise assist the subdivider in planning the proposed
development.
(3)
In doing so, both the subdivider and the City may reach mutual conclusions
regarding the general objectives of the proposed development, its
possible effects on the neighborhood and the community, and its overall
feasibility. The subdivider will be in a position to gain a better
understanding of the subsequent required procedures and may avoid
unnecessary consumption of time and expenses. Where the location of
the proposed subdivision does not have the appropriate zoning to permit
the subdivision, the subdivider is encouraged to apply for a rezoning
before investing the time and funds into the work required of a preliminary
and final plat. The zoning and platting of land in the City of Arcadia
is required by state law to be consistent with the Comprehensive Plan
after January 1, 2010.
B.
Preliminary plat.
(1)
Submission. Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and a letter of application. The
preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file a written application for plat review
and the required number of copies of the plat as specified by the
City Clerk-Treasurer at least 10 days prior to the meeting of the
Commission at which action is desired. The City Clerk-Treasurer shall
submit a copy of the preliminary plat to the City Engineer or engineering
consultant for review and written report and recommendations for review
by the Commission.
(2)
Public improvements, plans, and specifications. Simultaneously with
filing of the preliminary plat map, the owner shall file with the
City Clerk-Treasurer five complete sets of preliminary plans and specifications
for the construction of any public improvements required by this chapter.
(3)
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features required by this chapter and
that the surveyor has fully complied with the provisions of this chapter.
(4)
Supplementary data (to be filed with the preliminary plat). The following
shall also be filed with the preliminary plat:
(a)
A statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units and types of business
or industry so as to reveal the effect of the development on traffic,
fire hazards, congestion, and utility needs.
(b)
If any zoning changes are contemplated, the proposed zoning plan for the areas, including any dimension standards required by Chapter 425, Zoning, of the City Code.
(c)
Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Common Council may require
that the subdivider submit a plat of the remainder of the property
so as to show the possible relationships between the proposed subdivision
and future subdivision and use of the adjacent property. In any event,
all subdivisions must be shown to relate well with existing or potential
adjacent subdivisions.
(5)
Referral to other agencies. The City Clerk-Treasurer shall, within
two days after filing, transmit two copies to the State Department
of Administration, two copies to the State Department of Transportation
if the subdivision abuts or adjoins a state trunk highway or a connecting
street, and two copies to the Wisconsin Department of Safety and Professional
Services if the subdivision is not served by a public sewer and provision
for such service has not been made, and an adequate number of copies
to the Common Council. The Wisconsin Department of Administration,
the Wisconsin Department of Transportation, and, if applicable, the
Wisconsin Department of Safety and Professional Services shall be
hereinafter referred to as "objecting agencies." The City's cost for
fulfilling this requirement shall be assessed to the subdivider.[1]
C.
Preliminary plat approval.
(1)
The Common Council shall, within 90 days of the date the preliminary
plat was filed with the City Clerk-Treasurer, approve, approve conditionally,
or reject such plat and shall state, in writing, any conditions of
approval or reasons for rejection, unless the time is extended by
agreement by the subdivider. Failure of the Common Council to act
within 90 days or extension thereof shall constitute an approval of
the preliminary plat, unless objecting agencies object to the plat.
The City Clerk-Treasurer shall communicate to the subdivider the action
of the Common Council. If the plat or map is approved, the City Clerk-Treasurer
shall endorse it for the Common Council. Prior to the Common Council
acting on the preliminary plat, the Commission shall submit a report
to the Council with its recommendation on the plat. This recommendation
shall describe the preliminary plat's consistency with the Comprehensive
Plan and its consistency with the land's existing zoning.
(2)
Approval or conditional approval of a preliminary plat shall not constitute automatic approval of the final plat, except that if the final plat is submitted within 36 months of preliminary plat approval or conditional approval and conforms substantially to the preliminary plat layout as indicated in § 236.11(1)(b), Wis. Stats., the final plat shall be entitled to approval with respect to such layout. The preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the final plat which will be subject to further consideration by the Commission and Common Council at the time of its submission. If a preliminary plat is rejected by the Common Council, the reasons for such rejection shall be sent to the plat owner. It would be the owner's option to start the platting process over according to this Subsection C.[2]
(3)
Should the subdivider desire to amend the preliminary plat as approved,
the amended plat shall be resubmitted to the Commission to determine
if the amendment is either of sufficient scope to refile the plat
for preliminary plat review or of such scope as to continue on the
final plat review process.
(4)
Minor subdivision approval. A minor subdivision is only required
to have a preliminary plat review and approval by the Commission and
Common Council.
D.
Final plat review.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file copies of the plat
and the application with the City Clerk-Treasurer at least 10 days
prior to the meeting of the Commission at which action is desired.
The Commission shall submit a written recommendation to the Common
Council on the final plat within five days of the Commission meeting.
The owner or subdivider shall file six copies of the final plat not
later than 36 months after the date of approval of the preliminary
plat; otherwise, the preliminary plat and final plat will be considered
void unless an extension is requested in writing prior to the expiration
of the thirty-six-month period by the subdivider and, for good cause,
such extension is granted by the City. The owner or subdivider shall
also submit at this time a current certified abstract of title or
title insurance policy and such other evidence as the City may require
showing title or control in the subdivider.[3]
(2)
The City Clerk-Treasurer shall, within two days after filing, transmit
two copies to the State Department of Administration, additional copies
to the Department of Administration for retransmission of two copies
each to the Wisconsin Department of Transportation, if the subdivision
abuts a state trunk highway or a connecting street, and the Wisconsin
Department of Safety and Professional Services, if the subdivision
is not served by a public sewer and provision for service has not
been made, and the original final plat and adequate copies to the
Common Council.[4]
(3)
The final plat shall conform to the preliminary plat as approved,
including conditions attached thereto, and to the requirements of
all applicable ordinances and laws and shall be submitted for certification
of those agencies having the authority to object to the plat as provided
by § 236.12(2), Wis. Stats.
(4)
Simultaneously with the filing of the final plat or map, the owner
shall file with the City Clerk-Treasurer six copies of the final plans
and specifications of public improvements required by this chapter.
(5)
The City Clerk-Treasurer shall refer two copies of the final plat
to the Common Council, one copy to the City's Engineer, and a copy
each to the telephone company and to the electric and water and sewer
utilities. The abstract of title or title insurance policy shall be
referred to the City Attorney for examination and report. The City
Clerk-Treasurer shall also refer the final plans and specifications
for public improvements to the City Engineer for review. The recommendations
of the Engineer shall be made within 30 days of the filing of the
final plat. The Engineer shall examine the plat or map and final plans
and specifications of public improvements for technical details and,
if the Engineer finds them satisfactory, shall so certify in writing
to the Common Council. If the plat or map or the plans or specifications
are not satisfactory, the Engineer shall return them to the owner
and so advise the Common Council.[5]
(6)
The Common Council shall examine the final plat as to its conformance
with the recommendations of the Commission, the approved preliminary
plat, any conditions of approval of the preliminary plat, and all
ordinances, rules, regulations, and Comprehensive Plan components
which may affect it.
E.
Partial platting. The final plat may, if recommended by the Commission
and permitted by the Common Council, constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at the time, provided that the public improvements to be constructed
in the area covered by the final plat can be effectively installed
and will sufficiently serve just that portion of the total plat area
proposed in the smaller area to be developed. All final plat components
of a preliminary plat shall be numbered in consecutive order as they
are presented to the City for approval.
F.
Final plat approval.
(1)
The objecting agencies shall, within 20 days of the date of receiving
their copies of the final plat, notify the subdivider and all other
approving and objecting agencies of any objections. If there are no
objections, they shall so certify on the face of the copy of the plat
and shall return that copy to the Common Council. If an objecting
agency fails to act within 20 days, and the Department of Administration
fails to act within 30 days, it shall be deemed to have no objection
to the plat.[6]
(2)
If the final plat is not submitted within 36 months of the last required
approval of the preliminary plat, the Common Council may refuse to
approve the final plat if no extension has been applied for prior
to the expiration of the thirty-six-month period and granted.[7]
(3)
The Common Council shall, within 60 days of the date of filing the
original final plat with the City Clerk-Treasurer, approve or reject
such plat unless the time is extended by agreement with the subdivider.
If the plat is rejected, the reasons shall be stated in the minutes
of the meeting and a written statement of the reasons forwarded to
the subdivider. The Common Council may not inscribe its approval on
the final plat unless the City Clerk-Treasurer certifies on the face
of the plat that copies were forwarded to the City Attorney and also
to objecting agencies as required herein, the date thereof and that
no objections have been filed within 20 days or, if filed, have been
met.
(4)
Failure of the Common Council to act within 60 days, the time having
not been extended and no unsatisfied objections having been filed,
the plat shall be deemed approved.
(5)
The subdivider shall file 10 copies of the final plat with the City
Clerk-Treasurer for distribution to the objecting agencies and other
affected agencies.
(6)
A minor subdivision plat does not require the creation or approval
of a final plat.
G.
Notice to City agencies. The subdivider or its agent shall provide
written notice of the construction commencement date to the Superintendent
of the Electric Utility, the Water and Wastewater Superintendent and
the Street Department of the City at least 10 business days prior
to the commencement date so that they may inspect the work throughout
the project.[8]
H.
Administrative fee. The subdivider shall pay a fee equal to the cost
of any legal, administrative or fiscal work which may be undertaken
by the City in connection with the plat or certified survey map.
I.
Contractors' insurance. Each subdivider shall require that all contractors
and subcontractors performing work on the subdivision post with the
City Clerk-Treasurer prior to commencing work a certificate of insurance
showing general liability, accident, property damage and workers'
compensation insurance against any claim for injuries to people or
property arising or resulting directly or indirectly from the performance
of work in the City. The minimum personal injury liability coverage
shall be $1,000,000 per accident and $500,000 per person. The City
shall be expressly named as an insured party under all of the above-referenced
policies, except the workers' compensation policy.
A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a professional land surveyor and
the plat prepared on high-quality acetate or prepared electronically
with copies reproduced on high-quality paper at a scale of not more
than 100 feet to the inch and shall show correctly on its face the
following information:[1]
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of the proposed subdivision by government lot, quarter section,
township, range, county, and state.
(3)
Date, scale, and North point.
(4)
Names and addresses of the owner, subdivider, and land surveyor preparing
the plat.
(5)
The entire area contiguous to the proposed plat owned or controlled
by the subdivider shall be included on the preliminary plat even though
a portion of said area is proposed for immediate development. The
Common Council may waive this requirement where it is unnecessary
to fulfill the purposes and intent of this chapter and undue hardship
would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries of the propose
subdivision referenced to a corner established in the United States
Public Land Survey and the total acreage encompassed thereby.
(2)
Locations of all existing property boundary lines, structures, drives,
streams and watercourses, marshes, rock outcrops, wooded areas, railroad
tracks, and other significant features within the tract being subdivided
or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing streets, alleys,
or other public ways, easements, railroad and utility rights-of-way,
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(4)
Locations and names of any adjacent subdivisions, parks and cemeteries,
and owners of abutting unplatted lands.
(5)
Type and width of any existing street pavements within the exterior
boundaries of the plat immediately adjacent thereto, together with
any legally established center-line elevations.
(6)
Location and size of any existing sanitary or storm sewers, culverts,
and drainpipes, the location of manholes, catch basins, hydrants,
electric and communication facilities, whether overhead or underground,
and the location and size of any existing water and gas mains within
the exterior boundaries of the plat or immediately adjacent thereto.
If no sewers or water mains are located on or immediately adjacent
to the tract, the nearest such sewers or water mains which might be
extended to serve the tract shall be indicated by the direction and
distance from the tract, size, and invert elevations.
(7)
Corporate limit lines within the exterior boundaries of the plat
or immediately adjacent thereto.
(8)
Existing zoning within the proposed subdivision and adjacent to the
proposed subdivision.
(9)
Contours within the exterior boundaries of the plat and extending to the center line of the adjacent public streets to National Map Accuracy Standards based upon mean sea level datum at vertical intervals of not more than two feet. At least two permanent benchmarks shall be located in the immediate vicinity of the plat; the location of the benchmarks shall be indicated on the plat, together with their elevations referenced to mean sea level datum and the monumentation of the benchmarks clearly and completely described. Where, in the judgment of the Common Council, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used. The plat submitted shall comply with the requirements of Ch. 236, Wis. Stats.
(10)
Ordinary high-water elevation of all ponds, streams, lakes,
flowages, and wetlands within the exterior boundaries of the plat
or located within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes, flowages, and
wetlands within the exterior boundaries of the plat or located within
100 feet therefrom at the date of the survey.
(12)
Floodplain, wetland, and shoreland boundaries and the contour
line lying a vertical distance of two feet above the elevation of
the one-hundred-year recurrence interval flood or, where such data
is not available, two feet above the elevation of the maximum flood
of record within the exterior boundaries of the plat or within 100
feet therefrom.
(13)
Soil types and their boundaries, as shown on the operational
soil survey maps prepared by the United States Department of Agriculture,
Natural Resource Conservation Service.
(14)
Location, width and names of all proposed streets and public
rights-of-way such as alleys and easements. All street names shall
require the approval of the Common Council.
(15)
Approximate dimensions of all lots, together with proposed lot
and block numbers.
(16)
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, drainageways, or other public
use which are to be used for group housing, shopping centers, church
sites, or other nonpublic uses not requiring the platting of lots.
(17)
Approximate radii of all curves.
(18)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
the access.
(19)
Any proposed lake and stream improvement or relocation, and
notice of application for the approval by the Wisconsin Department
of Natural Resources, when applicable.
(20)
The location and size of any lands to be dedicated to the City
of Arcadia for park and recreation purposes, including any outlots
which are intended to remain as undevelopable parcels.
(21)
Copies of any proposed restrictive covenants. The sole purpose
of reviewing such covenants is to assure that the terms of such covenants
are compatible with the City zoning standards or other City code standards.
The City has no responsibility for approving or enforcing such restrictive
covenants.
(22)
Where the Common Council finds that it requires additional information
relative to a particular issue presented by a proposed development
in order to review the preliminary plat, it shall have the authority
to request in writing such information from the subdivider.
C.
Proposed layout. The Common Council may require a proposed subdivision
layout of all or part of the contiguously owned land even though division
is not planned at this time.
A.
When it is proposed to replat a recorded subdivision or part thereof,
so as to change the boundaries of a recorded subdivision or part thereof,
the subdivider shall vacate or alter the recorded plat as provided
in § 236.36 et seq., Wis. Stats.
B.
The City Clerk-Treasurer shall schedule a public hearing before the
Common Council when a preliminary plat of a replat of lands within
the City is filed and shall cause notices of the proposed replat and
public hearing to be mailed to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 200 feet of the exterior boundaries
of the proposed replat.
A.
Purpose. The purpose of a minor subdivision procedure is to provide
a more expedient process for reviewing small divisions of land having
a small number of parcels, having less land development impacts and
having minimal requirements for public streets or municipal infrastructure
as a part of such land division as compared to a major subdivision.
A minor subdivision is not subject to the final plat procedures of
a major subdivision under this chapter; however, all of the technical
requirements of the preliminary plat are required for a minor subdivision.
A minor subdivision may be submitted in certified survey map (CSM)
format.
B.
Procedure. The landowner or subdivider shall initially consult with the Zoning Administrator, or such other person designated by the Common Council, to accomplish the purposes of the preliminary meeting requirement per § 410-8A of this chapter. Depending on the complexity of the proposed platting, the Zoning Administrator or other designee may waive those elements of the preliminary plat technical requirements that clearly do not apply to the proposed minor subdivision. At any time after this preliminary meeting, the landowner or subdivider may submit five copies of a certified survey map of the proposed minor subdivision which meets all of the requirements specified at the preliminary meeting and by this chapter to the Zoning Administrator at least 15 days prior to it being scheduled for an agenda of the Commission for review and action on said minor subdivision.
C.
Certified survey maps (CSMs).
(1)
For the certified survey maps that are prepared, the subdivider shall
submit five copies to the City Clerk-Treasurer who shall refer the
proposal to the Commission. The Commission shall review the survey
for conformance with this chapter and all ordinances, rules, regulations,
and Comprehensive Plan components which affect it. The Commission
shall approve, approve conditionally, or reject such map within 90
days from the date of filing of the map, unless the time is extended
by agreement with the subdivider. If the map is rejected, the reason
shall be stated in the minutes of the meeting and a written statement
forwarded to the subdivider.[1]
(3)
Requirements. To the extent reasonably practicable, the certified
survey/minor subdivision plat shall comply with the provisions of
this chapter relating to general requirements, design standards, and
required improvements.
A.
Streets.
(1)
Compliance with statutes. In laying out a subdivision, or minor subdivision,
the owner shall conform to the provisions of § 236.01 et
seq., Wis. Stats., and all applicable sections of this chapter. In
all cases where the requirements of this chapter are different from
the requirements of § 236.01 et seq., Wis. Stats., the more
restrictive provision shall apply.
(2)
Dedication. The subdivider shall dedicate land and improved streets
as provided in this chapter. Streets shall be located with due regard
for topographical conditions, natural features, drainage area requirements,
existing and proposed streets, continuation and interconnection of
utilities, and land uses and public convenience and safety. Streets
shall conform to the Comprehensive Plan and Official Map of the City.
(3)
Sufficient frontage. All lots shall comply with the minimum lot width requirements of Chapter 425, Zoning, of the City Code and shall enable sufficient access by emergency vehicles.
(4)
Compliance with Comprehensive Plan. The arrangement, character, extent,
width, grade, and location of all streets shall conform to the City's
Comprehensive Plan.
(5)
Areas not covered by Comprehensive Plan or Official Map. In areas
not covered by the Comprehensive Plan or an Official Map, the layout
of streets shall conform to the plan for the most advantageous development
of adjoining areas of the neighborhood. Streets shall be designed
and located in relation to existing and officially planned streets,
topography and natural terrain, streams, lakes, and existing tree
growth, public convenience and safety and in their appropriate relation
to the proposed use of the land to be served by such streets.
(6)
Street classifications. All streets in the City of Arcadia shall
be given a classification based on their intended traffic function.
This classification shall be recorded in the Comprehensive Plan or
such other street classification map as established by the Common
Council. The Common Council, after review and recommendation by the
Commission, shall designate the classification of all new streets
to be established in any proposed subdivision plat or certified survey
map. All streets proposed to be platted or reconstructed shall be
consistent with the land use and street plan components of the Comprehensive
Plan. Streets shall be classified as follows:
(a)
Arterial streets. Arterial streets shall be arranged to provide
primarily through traffic, and where existing and future traffic volumes
are projected to be higher, and where posted speed limits may be higher.
State highways and county roads shall be included in this classification
in addition to any City streets placed in this classification. Arterial
streets shall have a sidewalk on both sides where feasible.
(b)
Collector streets. Collector streets shall be planned and located
so as to provide ready collection of traffic from residential areas
and other low traffic areas and conveyance of this traffic to existing
and projected arterial streets. Collector streets shall have sidewalks
on at least one side.
(c)
Minor streets. Minor streets shall be arranged to conform to
the topography, to discourage through traffic, and to require the
minimum street area necessary to provide safe and convenient access
to abutting property. Minor streets shall have sidewalks on at least
one side.
(d)
Alleys. Alleys may be provided in commercial, industrial, or
residential districts for off-street loading, service, and garage
access. Alleys shall not connect to an arterial street. Alleys shall
not be used for vehicle parking or other storage. The Common Council
may require an alley where definite and assured provisions are necessary
in specific situations for access to off-street loading, parking,
and waste collection, and emergency access is judged necessary. Dead-end
alleys are prohibited unless such alley serves only one property and
ends with an access in a parking lot.[1]
(7)
Width of street rights-of-way.
(a)
The minimum width of the right-of-way of any City street proposed
to be platted in any subdivision or in any certified survey map shall
be as follows:
(b)
The Commission and Common Council reserve the right to require
a greater right-of-way width if judged necessary as part of the City's
review of a preliminary plat or certified survey.
(8)
Extraterritorial streets. Streets located in the extraterritorial
plat jurisdiction of the City must also comply with the street classifications
established by the City, including the minimum town road standards
of § 82.50, Wis. Stats.
(9)
Continuation. Streets shall be laid out to provide for possible continuation
wherever topographic and other physical conditions permit. All proposed
streets shall be consistent with the Comprehensive Plan or amendments
thereto. Provision shall be made so that all proposed streets shall
have a direct connection with, or be continuous and in line with,
existing, planned, or platted streets with which they are to connect
where feasible. Proposed streets shall be extended to the boundary
lines of the tract to be subdivided, unless prevented by topography
or other physical conditions, or unless, in the opinion of the Common
Council, such extension is not necessary or desirable for the coordination
of the layout of the subdivision with existing layout or the most
advantageous future development of adjacent tracts. Dead-end streets
may be approved with a variance.
(11)
Frontage roads. When a residential or commercial subdivision
abuts or contains an existing or proposed arterial highway, the Common
Council may require a frontage road, nonaccess reservation along the
rear of residential property contiguous to such highway, or such other
treatment as may be necessary to minimize access onto such arterial
highway so as to ensure safe, efficient traffic flow and adequate
protection of residential properties.
(12)
Arterial street and highway protection. Whenever the proposed
subdivision contains or is adjacent to an arterial street or state
highway, state highway access standards shall apply to such proposed
subdivision.
(13)
Private streets. Private streets shall not be accepted for dedication
as public streets unless they are built to City of Arcadia street
standards.
(14)
Visibility. Streets shall afford maximum visibility and safety
and shall intersect at right angles where practicable with vision
triangles at intersections.
(15)
Tangents. A tangent at least 100 feet long shall be required
between reverse curves on arterial and collector streets.
(16)
(17)
Radii of curvature. When a continuous street center line deflects
at any one point by more than 10°, a circular curve shall be introduced
having a radius of curvature on said center line of not less than
the following:
(18)
Vertical curves. All changes in street grades shall be connected
by vertical curves of a minimum length in feet equivalent to 30 times
the algebraic difference in grade for major thoroughfares and 20 times
this algebraic difference for all other streets.
(19)
Half streets. Where a half street is adjacent to the subdivision,
the other half street shall be dedicated by the subdivider if the
original half street is located so as to be consistent with the street
standards in this chapter and the Comprehensive Plan. New half streets
shall not be proposed in a subdivision plat or certified survey map.
(20)
Intersections.
(a)
Property lines at street intersections of arterial streets shall
be rounded with a radius of 15 feet or of a greater radius where the
Common Council considers it necessary.
(b)
Streets shall intersect each other at nearly right angles as
topography and other limiting factors of good design permit. The center
lines of street intersections shall not be closer than 150 feet, and
this distance applies to the space between intersections on the same
side and opposite sides of streets.
(c)
There shall be no more than two streets converging at any intersection.
(d)
Street design elements such as medians and turning lanes may
be required in the preliminary plat review and approval process.
(21)
Street names. New street names shall not duplicate the names
of existing streets, but streets that are continuations of others
already in existence and named shall bear the names of the existing
streets. Street names shall be coordinated with the emergency 9-1-1
service agency serving the City. All street names shall be subject
to approval by the Common Council.
(22)
Cul-de-sac. Cul-de-sac streets designed to have one end permanently
closed shall not exceed 500 feet in length. All cul-de-sac streets
designed to have one end permanently closed shall terminate in a circular
turnaround having a minimum right-of-way radius of 60 feet and a minimum
inside curb radius of 40 feet.
(23)
Temporary dead end or cul-de-sac. All temporary dead ends shall
not exceed a length of 800 feet, and a temporary cul-de-sac shall
have a minimum right-of-way radius of 60 feet and a minimum paved
surface of 40 feet.
(24)
Limited access highway and railroad right-of-way.
(a)
Residential subdivision lots. When lots within the proposed subdivision back upon the right-of-way of an existing or proposed limited access highway or a railroad, a planting strip at least 20 feet in depth shall be provided adjacent to the highway or railroad in addition to the minimum depth required by Chapter 425, Zoning, of the City Code. This strip shall be part of the platted lots but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees and shrubs and utility easements, and the building of structures hereon is prohibited."
(b)
Commercial and industrial lots. Commercial and industrial districts
shall have provided, on each side of the limited access highway or
railroad, streets approximately parallel to and at a suitable distance
from such highway or railroad for the appropriate use of the land
between such streets and highway or railroad, but such distance shall
not be less than 150 feet.
(c)
Streets parallel to a limited access highway. Streets parallel
to a limited access highway or railroad right-of-way, when intersecting
a major thoroughfare and highway or collector street which crosses
said railroad or highway, shall be located at a minimum distance of
250 feet from said highway or railroad right-of-way unless such street
is a frontage street for the proposed plat. Such frontage streets
will be permitted only in special circumstances where there is no
other feasible alternative access option.[5]
(d)
Minor streets. Minor streets immediately adjacent and parallel
to railroad rights-of-way shall be avoided, and location of minor
streets immediately adjacent to arterial streets and highways and
to railroad rights-of-way shall be avoided in residential areas.
(25)
Street design and construction standards. Streets in subdivisions
shall be designed and constructed by the subdivider according to the
street design and construction standards for the various functional
classifications adopted by the Common Council in accordance with the
City ordinances or in the Comprehensive Plan. These standards are
subject to change from time to time based on changing techniques,
materials and costs or other factors that could affect street construction.
(26)
Curb and gutter. Curb and gutter shall be required on all streets to be platted and dedicated to the City, except as provided in Subsection A(25). The style of curb and gutter shall be determined by the City in the preliminary platting process.
(27)
Rural sections. Rural sections may be permitted when approved
by variance by the Common Council. Such sections shall be built in
accordance with design standards in the Comprehensive Plan and shall
include stormwater management practices approved by the Wisconsin
Department of Natural Resources.
B.
Block design.
(1)
Length; arrangement. The lengths, widths and shapes of blocks shall
be appropriate for the topography and the type of development contemplated,
but block length in residential areas shall not exceed 600 feet nor
have less than sufficient width to provide for two tiers of lots and
at least 240 feet of depth between street lines. As a general rule,
blocks in commercial areas shall not be less than 300 feet in length.
(2)
Pedestrian pathways. Pedestrian pathways, a minimum of five feet
wide, may be required by the Common Council through any part of or
on the border of any block where deemed essential to provide safety
and convenience of pedestrian circulation or access to schools, playgrounds,
shopping areas, and other community facilities. Width of pathway shall
be determined by the Commission based on intended use of pathway during
the preliminary plat review.
C.
Lots.
(1)
Size, shape and orientation of lots shall be appropriate for the location of topography of the subdivision and for the type of development contemplated, provided that no lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 425, Zoning, of the City Code.
(2)
Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service, parking facilities, and stormwater management required by the type of use and development contemplated and as required by Chapter 425, Zoning, of the City Code.
(3)
Residential lots fronting on major thoroughfares and highways and
railroads shall be platted with extra depth or design to alleviate
the adverse effects of major thoroughfare traffic or rail traffic
on residential occupancy.
[Amended 7-17-2017 by Ord. No. 223]
(4)
Corner lots for residential use shall have extra width to permit building setback from both streets, as required by Chapter 425, Zoning, of the City Code.
(5)
Every lot considered for annexation or proposed subdivision in the City of Arcadia shall abut and have access to a public street in accordance with requirements set forth in Chapter 425, Zoning, of the City Code.
(6)
Side lot lines shall be substantially at right angles to abutting
street lines.
(7)
Double frontage and reversed frontage lots shall be avoided except
where necessary to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.
(8)
In the subdividing of any land, regard shall be shown for all natural
features, such as tree growth, watercourses, steep slopes, historic
sites or similar conditions which, if preserved, will add attractiveness
and value to the proposed development and to the City. Natural drainage
areas and their immediate boundary zones shall not be developed, and
natural flows of stormwaters shall not be interfered with as a result
of platting.
(9)
All land area within a proposed plat shall be buildable lots or outlots
not intended for development. Outlots shall be labeled as such on
the face of a plat with a description of their intended use. The City
may attach additional conditions to outlots in the preliminary plat
review and approval process.
(10)
In the case where a proposed plat is adjacent to a limited access
highway, other arterial street or highway, there shall be no direct
vehicular access from individual lots to such streets and highway.
In the platting of small tracts of land fronting on limited access
highways where there is no other alternative, a temporary entrance
may be granted subject to Wisconsin Department of Transportation requirements
if such limited access highway is a state highway. As neighboring
land becomes subdivided and more preferable access arrangements become
possible, such temporary access permits shall become void and be removed
by the subdivider.
D.
Grading. The subdivider shall grade each subdivision in order to
establish street, block and lot grades in proper relation to each
other and to the topography and to facilitate drainage, as follows:
(1)
Block grading shall be completed by one or more of the following
methods:
(a)
A ridge may be constructed along the rear lot lines which provides
for drainage onto the street.
(b)
Parts of all lots may be graded to provide for drainage to the
street or to a ditch along the rear lot line.
(c)
Drainage across rear or side lot lines may be permitted, provided
that drainage onto adjoining properties is controlled.
(d)
Any other method meeting accepted engineering standards and
approved by the City's Engineer.
A.
Sanitary sewers and water systems. All sanitary sewers and public
water systems in proposed subdivisions shall meet accepted engineering
standards and shall be consistent with the Comprehensive Plan and
with any other City ordinance requirements governing its sewer and
water systems. The City's Engineer shall review all proposed sewer
and water plans and shall make recommendations to the City in the
preliminary platting process for any changes judged to be necessary
or advisable to such proposed sewer and water plans and engineering
designs.
B.
Electric, gas, telephone and cable utilities. The subdivider shall
consult with all municipal and private utility companies in designing
the preliminary plat to assure that the standards of these utility
organizations are complied with and adequately reflected in the preliminary
plat presented to the City for review. The City shall request a formal
review and recommendations from such utility companies on the preliminary
plat. In addition:
[Amended 2-5-2018 by Ord.
No. 2018-1]
(1)
All new electric distribution lines, telephone and telegraph lines,
and community fiber-optic and television cables and service shall
be buried underground, in a single trench to the extent possible,
and at the rear lot line of any platted lot, unless the Common Council
shall specifically find, after study and recommendation by the Plan
Commission, that:
(2)
The subdivider shall be responsible for complying with the requirements of this § 410-13 in a newly platted area and shall submit to the Plan Commission a written instrument from the companies responsible for such lines, cables and pipes that the necessary arrangements with such companies for such installation have been made.
C.
Drainage improvements. The subdivider shall install all the storm
drainage facilities required by this chapter, including drainage conditions
attached as a condition for approval of the preliminary plat.
(1)
Street drainage. All streets shall be provided with an adequate stormwater
drainage system. The street stormwater system shall serve as the primary
drainage system and shall be designed to carry street drainage and
adjacent land and building stormwater drainage. No stormwater or groundwater
shall be permitted to be run into the sanitary sewer system within
the proposed subdivision.
(2)
Off-street drainage. The design of the off-street drainage system
shall include the watershed affecting the subdivision and shall be
extended to a watercourse or ditch adequate to receive the storm drainage.
When the drainage system is outside of the street right-of-way, the
subdivider shall make provisions for dedicating an easement to the
City to accommodate such drainage. Such easements shall be a minimum
of 20 feet wide, but the City may require larger easements if more
area is needed due to topography, size of watercourse, projected water
flow volumes, etc. Such drainage easements shall provide that the
maintenance of the drainage in the easement will remain the responsibility
of the subdivider or future owners of lands under such easements.
Proposed lot lines shall be located on or adjacent to such easements
where feasible.
(3)
Protection. The subdivider shall adequately protect all ditches to
the satisfaction of the Common Council and the City's Engineer. Ditches
and open channels shall be seeded, sodded, riprapped or paved depending
upon grades and soil types. Generally, ditches or channels with grades
up to 1% shall be seeded, those with grades up to 4% shall be sodded
and those with grades over 4% shall be riprapped or paved.
(4)
Stormwater management permit. The subdivider shall prepare a stormwater
management plan and obtain a general permit from the Wisconsin Department
of Natural Resources for stormwater management in the subdivision
and shall submit evidence of such permit to the City.
(5)
A grading plan for the streets, blocks and lots shall be submitted
by the subdivider for the area within the subdivision.
(6)
The design criteria for storm drainage systems shall be based upon
information provided by the City's Engineer.
(7)
Material and construction specifications for all drainage projects
(i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with
specifications provided by the City's Engineer.
A.
Design capacity. All improvements shall be installed to satisfy the
service requirements for the service or drainage area in which the
subdivision is located, and the improvements shall be of sufficient
capacity to handle the expected development of the overall facility
service area or drainage area involved, all as determined by the City's
Engineer.
B.
Future capacity improvements. Where improvements in excess of the
size needed to serve just the proposed subdivision are required, the
subdivider shall pay for the total cost of improvements required to
be installed to serve the subdivision. The additional costs which
result from the extra-size improvement shall be paid for by the City.
Thus, when conditions within the whole drainage area will require
a twenty-four-inch storm sewer, for example, and an eighteen-inch
sewer will adequately serve the subdivision involved, the subdivider
shall construct the twenty-four-inch utility according to City standards
and bill the City for the difference in costs between an eighteen-inch
and twenty-four-inch sewer pipe. The City reserves the right to assess
this future capacity improvement cost to the landowners and/or developers
of the adjacent lands which would be benefited in the future by the
future capacity improvements utility.
C.
Off-site extensions. When streets or utilities are not available
at the boundary of the proposed subdivision, the City, or its duly
authorized representative, shall require, as a prerequisite to approval
of a final plat, written assurances from the subdivider that such
improvement extensions shall be provided as follows:
(1)
Extensions of utilities onto the property involved shall be adequate
to serve the total development requirements of the service or drainage
area. Utilities leaving the property shall be constructed in such
a manner as to make their extension practical for servicing the adjacent
areas of the service or drainage area.
(2)
If the City, or its duly authorized representative, finds that extensions
across undeveloped areas would not be warranted as a special assessment
to the intervening properties or as a governmental expense until some
future time, the developer has the choice of ceasing development or,
if the development is to proceed, then the developer shall be required
to obtain necessary easements or rights-of-way and construct and pay
for such extensions. Such improvements shall be available for connections
by subdividers of adjoining land, and the subdivider may contract
with adjacent property owners and/or subdividers of adjacent land
for reimbursement of the oversize and/or off-site improvements constructed.
If adjacent easements or rights-of-way cannot be secured, then the
proposed development must be redesigned or deferred until the necessary
off-site extensions are assured of being constructed.
D.
Lifting of sewage. Where sanitary sewer lift stations and force mains
and related gravity mains are required to lift sewage to the gravity
system, the subdivider shall have plans, profiles and specifications
prepared for the installation of such facilities according to City
standards and subject to approval by the City's Engineer. The installation,
inspection, supervision and engineering fees for lift stations and/or
force mains shall be paid for by the subdivider unless otherwise determined
and agreed upon by the Common Council. The cost of any excess capacity
of such lift stations, force mains and gravity mains may be assessed
to any other properties benefiting from such improvements through
a deferred assessment or hookup charge.
A.
Generally.
(1)
If a proposed subdivision includes land that is zoned for, or proposed
to be zoned for, commercial or industrial purposes, the platting and
servicing of the subdivision shall be determined in the preliminary
platting process as required by this chapter, and shall be based upon
close coordination with the needs and development plans of the subdivider
and any known commercial or industrial parties with an interest in
the proposed subdivision.
(2)
A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 425, Zoning, of the City Code. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Common Council, and shall conform to the proposed land use standards established by the Comprehensive Plan, Official Map and zoning provisions.
B.
Standards. In addition to the principles and standards in the regulations
of this chapter, which are appropriate to the planning of all subdivisions,
the applicant shall demonstrate to the satisfaction of the Common
Council that the street, parcel and block pattern proposed is specifically
adapted to the uses anticipated and takes into account other uses
in the vicinity. The following principles and standards shall be observed
for nonresidential subdivisions:
(1)
Proposed industrial parcels shall be suitable in area and dimensions
to the types of industrial development anticipated, including buffering
and expansion needs.
(2)
Street rights-of-way and pavement width shall be adequate to accommodate
the type and volume of traffic anticipated to be generated thereupon.
(3)
Special requirements may be imposed by the City with respect to street,
curb, gutter and sidewalk design and construction.
(4)
Special requirements may be imposed by the City with respect to the
installation of public utilities, including water, sanitary sewer,
electric power, and stormwater management and drainage.
(5)
Every effort shall be made to protect adjacent residential areas
from any potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels backing
up on existing or potential residential development and provisions
for permanently landscaped buffer strips and/or fencing when necessary.
(6)
Streets carrying nonresidential traffic, especially truck traffic,
shall be extended to the boundaries of adjacent existing or potential
residential areas only with express approval of the Common Council.
A.
General requirements. The following required improvements shall be
installed in accordance with the financing requirements of the Common
Council and the engineering standards and specifications which have
been adopted by the Common Council. Where standards and specifications
have not been adopted, the improvements shall be made in accordance
with generally accepted engineering practices.
B.
Guarantee for installation of required improvements.
(1)
Payment for installation of improvements. The required improvements
to be furnished and installed by the subdivider, which are listed
and described in this chapter, are to be furnished and installed at
the sole expense of the subdivider, unless otherwise provided for
in this chapter. If any improvement installed within the subdivision
will be of substantial benefit to other land beyond the boundaries
of the subdivision, provision may be made for causing a portion of
the cost of the improvement to such other land, representing the benefit
to such land, to be assessed against the same, and in such case the
subdivider will be required only to pay for such portion of the whole
cost of said improvement as will represent the benefit to the property
within the subdivision.
(2)
Required contract providing for proper installation of improvements.
(a)
Prior to installation of any public improvement required by
the approved preliminary plat and prior to approval of the final plat,
the subdivider shall enter into a written contract with the City requiring
the subdivider to furnish and construct said improvements at the subdivider's
sole cost and in accordance with plans and specifications and usual
contract conditions, which shall include provision for supervision
of details of construction by the City's Engineer and grant to the
Engineer authority to coordinate and inspect the work to be done under
said contract by any subcontractors authorized to proceed thereunder
and with any other work being done or contracted by the City in the
vicinity.
(b)
The contract shall require the subdivider to furnish, to and
for the benefit of the City, a performance bond or irrevocable letter
of credit, the amount of the deposit and the penalty amount of the
bond to be equal to 120% of the Engineer's estimate of the total cost
of the improvements to be furnished under the contract, including
the cost of inspection. The subdivider shall have the choice of electing
to provide the security in the form of a performance bond or irrevocable
letter of credit.[1]
(c)
On request of the subdivider and subject to the approval of
the Common Council, the contract may provide for completion of part
or all of the public improvements after acceptance of the final plat,
and in such event the amount of the deposit or bond shall be reduced
in a sum equal to the actual cost of those portions of the improvements
actually completed prior to acceptance of the final plat. If the required
improvements are not complete within the period of time specified
by the Common Council after the final plat approval, all amounts held
under the performance bond shall be turned over and delivered to the
City and applied to the cost of the City arranging for completing
the required improvements. Any balance remaining after such improvements
have been made shall be returned to the owner or subdivider. The Common
Council, at its option, may extend the bond period for an additional
period not to exceed two years.
(d)
All the work required for the installation of the improvements
required under the contract shall be completed within two years after
the date of approval of the preliminary plat and before the final
plat for the subdivision is eligible for approval by the Common Council.
(e)
The subdivider shall reimburse the City for all costs incurred
by the City for review and inspection of the subdivision, including
but not limited to preparation and review of plans and specifications
by the City's Engineer, Attorney, or others as well as other direct
costs incurred in delivering such services, but only if such review
and inspection reveal that plans, specifications, or construction
does not comply in one or more material respects with the City's design
and construction standards as set forth in this chapter.
(f)
The City may refuse to accept any public improvement which is
the responsibility of the subdivider for installation for City ownership,
jurisdiction, and maintenance if the improvement is not satisfactorily
located and constructed in accordance with this chapter or which is
recommended for nonacceptance by the City's Engineer. The City's approval
of the final plat does not constitute final acceptance by the City
of any improvement to be constructed or installed after the final
plat is approved by the City and that is subject to a written agreement
between the City and the subdivider.
(g)
The subdivider shall warrant the design, material and workmanship
of such improvements and their installation and/or construction for
a period of four years from and after acceptance by the City.
C.
Procedure.
(1)
Construction plans and specifications. Construction plans for the
required improvements conforming in all respects to the standards
of the City's Engineer and this chapter shall be prepared at the subdivider's
expense by a professional engineer who is registered in the state,
and said plans shall contain the engineer's seal. Such plans, together
with the quantities of construction items, shall be submitted to the
City's Engineer for approval and for estimates of the total cost of
the required improvements; upon approval such estimates shall become
a part of the contract required. Simultaneously with the filing of
the preliminary plat with the City Clerk-Treasurer or as soon thereafter
as practicable, copies of the construction plans and specifications
shall be furnished for the following public improvements:
(a)
Street plans and profiles showing existing and proposed grades,
elevations and cross sections of required improvements, including
sidewalks where required by the City.
(b)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(c)
Storm sewer and open channel plans and profiles or other stormwater
management measures and showing the locations, grades, sizes, cross
sections, elevations and materials of required facilities.
(d)
Erosion and sedimentation control plans showing those structures
required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation.
Such plans shall be in conformance with state and federal stormwater
management regulations.
(e)
Planting plans showing the locations, age, caliper, species
and time of planting of any required grasses, vines, shrubs and trees.
(f)
Additional special plans or information as required by City
officials.
(2)
Action by the City's Engineer. The City's Engineer shall review or
cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent City design
standards recommended by the City's Engineer and approved by the Common
Council. If the Engineer rejects the plans and specifications, the
Engineer shall notify the owner, who shall modify the plans or specifications
or both accordingly. When the plans and specifications are corrected,
the City's Engineer shall approve the plans and specifications for
transmittal to the Common Council. The Common Council shall approve
the plans and specifications before the improvements are installed.
(3)
Construction and inspection.
(a)
Prior to starting any of the work covered by the plans approved
above, written authorization to start the work shall be obtained from
the City's Engineer upon receipt of all necessary permits and in accordance
with the construction methods of this chapter.
(b)
Construction of all improvements required by this chapter shall
be completed within two years from the date of approval of the preliminary
plat by the Common Council, unless good cause can be shown for the
Common Council to grant an extension.
(c)
During the course of construction, the Engineer shall make such
inspections to ensure compliance with the plans and specifications
as approved. The Engineer shall meet with appropriate superintendents
for compliance with City standards as required by respective superintendents.
(4)
"As-built" plans. After completion of all public improvements and
prior to final acceptance of said improvements, the subdivider shall
make or cause to be made a map showing the actual location of all
valves, manholes, stubs, sewers and water mains, private utilities
and such other facilities as the City's Engineer shall require. This
map shall bear the signature and seal of a professional engineer registered
in the state. The presentation of the map shall be a condition of
final acceptance of the improvements and release of the performance
bond or escrow deposit ensuring their completion.
D.
Street, alley and sidewalk improvements. The subdivider shall construct
streets and sidewalks as outlined on the approved plans based on the
requirements of this chapter:
(1)
Grading. With the submittal of the final plat, the subdivider shall
furnish drawings which indicate the existing and proposed grades of
streets and alleys shown on the plat. Proposed grades will be reviewed
by the City's Engineer for conformance with City standards and good
engineering practice. Street grades require the approval of the Common
Council after receipt of the City Engineer's recommendations. After
approval of the street grades, the subdivider shall grade the full
width of the right-of-way of the streets and alleys proposed to be
dedicated, including the vision clearance triangle on corner lots.
In cases where an existing street right-of-way is made a part of the
plat or abuts the plat, the subdivider shall grade that portion of
the right-of-way between the existing pavement and the property line.
The bed for the roadways in the street rights-of-way shall be graded
to subgrade elevation. The City's 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. Where electric and other communications or utilities
facilities are to be installed underground, the utility easements
shall be graded to within six inches of the final grade by the subdivider,
prior to the installation of such facilities; earth fill piles or
mounds of dirt or construction materials shall not be stored on such
easement areas.
(2)
Street and sidewalk construction.
(a)
After storm sewer, sanitary sewer and water utilities have been
constructed, the subdivider shall dedicate, as part of the subdivision
or certified survey, streets and, if required, curbs and gutters and
sidewalks. Following grading by the subdivider, the subdivider shall
surface roadways and pay for the cost of such paving. The timetable
for paving shall be determined solely by the Common Council. Construction
shall be to City standard specifications for street improvements.
(b)
For residential subdivisions, the installation of sidewalks,
where required, shall be deferred until such time as 50% of the lots
in any block have homes on them. The Common Council shall have the
option of deferring the construction of sidewalks for a greater period
of time if justified by special circumstances. Any sidewalk damaged
during construction activity on any lot shall be replaced by the subdivider
before a certificate of occupancy is issued for that lot. Consideration
shall also be given to the pattern of development of adjoining lands
and to the possibility of damage to trees in the location of sidewalks.
The installation of sidewalks shall not be deferred for that part
of any plat abutting arterial streets or highways, including a state
or county highway.[2]
(c)
Dedicated walkways shall be improved by the subdivider to a
grade and width approved by the City's Engineer and with surfacing
as required by the Common Council based on the location and the amount
and character of use. The subdivider shall submit standard drawings
indicating the existing and proposed grades.
(3)
Completion of street and sidewalk construction.
(a)
Prior to any building permits being issued on lands adjacent
to streets and/or sidewalks, all street grading improvements and sidewalk
construction (if required) shall be completed by the subdivider, approved
by the City's Engineer and accepted by the Common Council.
(b)
The Common Council may issue a waiver of these requirements
in unusual or special circumstances such as excessively severe weather
conditions, heavy construction temporarily in area or construction
material shortages (e.g., cement, asphalt). The issuance of a waiver
shall be at the discretion of the Common Council and shall be based
upon the written request of the subdivider.
(c)
The subdivider requesting a waiver shall present such information
and documentation required by the Common Council. The waiver shall
be in written form and shall detail which improvement requirements
are temporarily waived and for what period of time.
(4)
Curb and gutter. When required by the Common Council after the installation
of all utility and stormwater drainage improvements, the subdivider
shall construct concrete curbs and gutters in accordance with plans
and standard specifications approved by the City's Engineer and Common
Council or its designee. Wherever possible, provision shall be made
at the time of construction for driveway access curb cuts. Drive-over
curbs may be allowed at the discretion of the Common Council, upon
recommendation of the City Engineer, as a part of the preliminary
plat review process.
E.
Sanitary sewer system design standards. The subdivider shall provide
a sanitary sewer system in conformity with the master plan of sewers
as approved by the City's Utility Commission. The subdivider shall
install adequate sanitary sewer facilities and connect them to sewer
mains, subject to specifications and inspection of the City's Engineer.
The subdivider shall pay all the costs of all sanitary sewer work,
including the bringing of the sanitary sewer from where it exists
to the subdivision in question as well as providing all sanitary sewer
work within the subdivision. The cost of providing and installing
sewer pipe of sizes larger or at a greater depth than required to
serve the area shall be borne by the City, as agreed upon between
the landowner and the Common Council prior to approval of the preliminary
plat or certified survey map, pursuant to this chapter. The size,
type and installation of all sanitary sewers proposed to be constructed
shall be in accordance with plans and standard specifications approved
by the Common Council. Each lot in a subdivision shall be individually
connected to the public sewer main; no joint connections or "T" connections
are permitted.
F.
Water supply system design standards. The subdivider shall provide
a water supply system in conformity with the master plan of the water
system as approved by the City's Utility Commission. The subdivider
shall construct water mains in such a manner as to make adequate water
service available to each lot within the subdivision. Water laterals
shall be constructed from the main to the street lot line of each
lot and terminated with a shutoff valve. The size, type and installation
of all public water mains proposed to be constructed shall be in accordance
with plans and standard specifications approved by the Common Council.
The cost of any waterline in excess of eight inches in diameter required
to serve adjacent lands shall be paid for by the City, with such extra
cost to be assessed to the benefiting properties. The developer shall
pay for the material cost of fire hydrants required in a subdivision.
G.
Stormwater drainage facilities. The subdivider shall provide stormwater
drainage facilities which may include curb and gutter, catch basins
and inlets, storm sewers, road ditches and open channels, as may be
required by the City Engineer and Commission. All such facilities
are to be of adequate size and grade to hydraulically accommodate
the twenty-five-year storm. Storm drainage facilities shall be designed
to present no hazard to life or property, and the size, type and installation
of all stormwater drains and sewers proposed to be constructed shall
be in accordance with the plans and specifications approved by the
City's Engineer. The subdivider shall pay all costs of all storm sewer
work, except that the subdivider shall not be required to pay for
any storm sewers that are required to bring the storm sewers to the
subdivision.
H.
Other utilities. The subdivider shall cause facilities to be installed
at a minimum depth of 18 inches beneath grade and shall cause electrical
power, cable and telephone facilities to be installed in such a manner
as to make adequate service available to each lot in the subdivision
and, to the extent feasible, shall install electrical power, cable
and telephone facilities in one track. No such electrical, cable,
or telephone service shall be located on overhead poles. Plans indicating
the proposed location of all gas, electrical power and telephone distribution
and transmission lines required to service the plat shall be included
on the subdivision plat, and any separate plans from utility providers
shall be subject to approval by the Common Council, and such map shall
be filed with the City Clerk-Treasurer.
I.
Streetlamps. If required by the Common Council or the City Utility
Commission, the subdivider shall install streetlamps along all streets
proposed to be dedicated of a design compatible with the neighborhood
and type of development proposed and which shall be subject to approval
by the Common Council and the City's Utility Commission. Such streetlamps
shall be placed, to the extent feasible, on lot lines.
J.
Street signs. The subdivider shall install at the intersections of
all streets proposed to be dedicated a street sign of a design specified
by the Common Council.
K.
Material standards. All improvements constructed under this chapter
shall be of the standards, where applicable, established by the State
Department of Transportation's Standard Specifications for Roads and
Bridges. Where the Department of Transportation's specifications do
not apply, the standards shall be as approved by the City's Engineer.[3]
L.
Improvements to be complete prior to approval of final plat. Improvements within a subdivision which have been completed prior to application for approval of the final plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements only if the City's Engineer shall certify that the existing improvements conform to applicable standards. Any improvements not constructed according to the required standards shall be reconstructed by the subdivider according to such standards, or the City at its discretion may construct such improvements from the proceeds of the performance bond or irrevocable letter of credit submitted by the subdivider according to the provisions of Subsection B of this section.[4]
A.
Utility easements.
(1)
The Common Council, on the recommendation of appropriate agencies
of the City, shall require utility easements for streetlamp poles
required by the Common Council or the City Utility Commission, wire,
conduits, storm and sanitary sewers, gas, electric power, drainage,
water and head mains, telecommunications, or other utility lines.
It is the intent of this chapter to protect all established easements
so as to ensure proper grade, assure maintenance of the established
grade, prohibit construction of permanent fences, structures, or retaining
walls over underground installation and prevent the planting of trees
in the easement area. Utility easements shall be at least 15 feet
wide and may run across front, side or rear lot lines. The subdivider
shall provide evidence to the Common Council that easements and any
easement provisions to be incorporated in the plat or in deeds have
been reviewed by the individual utility companies or the organization
responsible for furnishing the services involved.
(2)
If a utility easement will not be reflected on a plat or certified
survey map, the subdivider shall, at the subdivider's sole expense,
prepare and record in the County Register of Deeds office an easement
to the City for the utility, which easement shall include a diagram
showing the location of the easement in relation to adjoining streets
and lots. The subdivider shall deliver the recorded easement to the
City prior to the City commencing installation of any utilities in
the subdivision.
B.
Drainage easements.
(1)
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream:
(a)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section, but in
no case shall such easement be less than 20 feet in width; or
(b)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
ensured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this chapter.
(2)
Wherever possible, it is desirable that drainage in an established
stream or ditch be maintained by an open channel with landscaped banks
and adequate width for maximum potential volume flow. In all cases,
such watercourse shall be of a minimum width established at the high-water
mark or, in the absence of such specification, not less than 20 feet.
A.
The jurisdiction of this chapter extends throughout the extraterritorial
plat approval jurisdiction as authorized by § 236.10(1)(b),
Wis. Stats. All minor subdivisions and all major subdivisions in the
extraterritorial plat approval jurisdiction shall be subject to approval
of the Common Council in accordance with the requirements of this
chapter. The Common Council reserves the right to waive its review
of any plat or certified survey map within this area if it is determined
that there are no public health or safety issues, City planning or
infrastructure issues, or other development issues associated with
such proposed plat or map. The relationship of the Comprehensive Plan
to a proposed extraterritorial plat shall also be considered in determining
if the review of a proposed plat should be waived.
B.
The City Clerk-Treasurer shall forward a copy of this chapter and
the associated extraterritorial map to the Register of Deeds office
of Trempealeau and Buffalo Counties, upon adoption by the Common Council,
to provide notice to such offices that no plat or certified survey
map shall be recorded until such office has a record that a plat in
the City's extraterritorial area has been acted on by the Common Council
according to the provisions of this chapter.
C.
The City shall prepare a map showing the boundaries of its extraterritorial
plat review jurisdiction and the City Clerk-Treasurer shall forward
said map to the above-referenced Registers of Deeds offices to be
recorded. The extraterritorial boundary is automatically extended
with each annexation of lands to the City to maintain the one-and-one-half-mile
extraterritorial boundary.
A.
Where, in the judgment of the Common Council, it would be inappropriate
to apply literally the provisions of this chapter because of the proposed
subdivision being located outside of the corporate limits or because
exceptional or undue hardship would result, the Common Council may
waive or modify any requirements to the extent deemed just and proper
but still consistent with the public health, safety and general welfare.
Application for any such variance shall be made in writing by the
subdivider at the time when the preliminary plat is filed for consideration,
stating fully all facts relied upon by the subdivider, and shall be
supplemented with maps, plans or other additional data which may aid
the Common Council in the analysis of the proposed variance within
the context of the total project. The plans for such development shall
include such conditions, restrictions or other legal provisions set
by the Commission and the Common Council necessary to guarantee the
subdivider's compliance with any granted variance.
B.
The Common Council shall not grant variances or exceptions to the
regulations of this chapter unless it shall make findings based upon
the evidence presented to it in each specific case that:[1]
(1)
The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property or improvements
in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable generally to other property.
(3)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
(4)
The variance would not be inconsistent with the Comprehensive Plan.
(5)
The hardship or unusual circumstance is not self-created by the subdivider.
(6)
The variance will not result in immediate or future cost to the City
or exposure of the City to liability resulting from the granting of
the requested variance.
D.
Waiver. The Common Council may waive the placement of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the subdivider execute a surety
bond to ensure the placing of such monuments within the time required.
A.
Violations. It shall be unlawful to build upon, divide, convey, record
or monument any land in violation of this chapter, and no person or
organization shall be issued a building permit by the City authorizing
the building on, or improvement of, any subdivision, land division
or replat within the jurisdiction of this chapter not of record as
of the effective date of this chapter until the provisions and requirements
of this chapter have been fully met. The City may institute appropriate
action or proceedings to enjoin violations of this chapter or the
applicable statute.
B.
Penalties. Any person, firm or corporation who or which fails to
comply with the provisions of this chapter shall, upon conviction
thereof, forfeit as provided in §§ 236.30, 236.31,
236.32, and 236.335, Wis. Stats., and the costs of prosecution for
each violation, and in default of payment of such forfeiture and costs
shall be imprisoned in the county jail until payment thereof, but
not exceeding 30 days. Each day a violation exists or continues shall
constitute a separate offense. Recordation improperly made has penalties
provided in § 236.30, Wis. Stats. Conveyance of lots in
unrecorded plats has penalties provided for in § 236.31,
Wis. Stats. Monuments disturbed or not placed have penalties as provided
for in § 236.32, Wis. Stats. An assessor's plat made under
§ 70.27, Wis. Stats., may be ordered by the City at the
expense of the subdivider when judged necessary by the Common Council
in the event of problems created by the subdivider due to violations
of this chapter.
C.
Appeals. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e), Wis. Stats., within 30 days of notification of the
rejection of the plat. Where failure to approve is based on an unsatisfied
objection, the agency making the objection shall be made a party to
the action. The court shall direct that the plat be approved if it
finds that the action of the approving or objecting agency is arbitrary,
unreasonable or discriminatory.
