Village of Denmark, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Denmark 6-1-2009 by Ord. No. 6-2009C (Ch. 18 of the 1998 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 126.
Sewers — See Ch. 238.
Site plan design and review — See Ch. 243.
Stormwater management — See Ch. 256.
Streets and sidewalks — See Ch. 260.
Trees and shrubs — See Ch. 273.
Water — See Ch. 296.
Zoning — See Ch. 315.
This chapter is adopted under the authority granted by Ch. 236, Wis. Stats., and amendments thereto.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This chapter shall be known as the "Subdivision Ordinance, Village of Denmark, Wisconsin."
Jurisdiction of these regulations shall include all land and waters of the Village of Denmark, and the extraterritorial review jurisdiction within 1 1/2 miles from the incorporated boundaries of the Village.
This chapter is intended to regulate and control the division and subdivision of land within the corporate limits and the extraterritorial plat approval jurisdiction of the Village of Denmark in order to promote the public health, safety and general welfare, to encourage the most appropriate use of land, to provide the best possible living environment for people, and to conserve the value of buildings placed upon the land by:
A. 
Furthering the orderly layout and use of land.
B. 
Ensuring proper legal description and proper monumenting of land.
C. 
Preventing overcrowding of land and avoiding undue concentration of population.
D. 
Lessening congestion on streets and highways, by promoting walking and bicycling as alternative means of transportation.
E. 
Securing safety from fire, flooding, water pollution and other hazards.
F. 
Providing adequate light and air.
G. 
Ensuring adequate playgrounds, open space, transportation facilities, stormwater drainage, and other public requirements.
H. 
Facilitating the conservation of land, natural resources, scenic and historic sites, and energy.
I. 
Facilitating further resubdivision of larger parcels into smaller parcels of land.
J. 
Ensuring enforcement of the development concepts, policies and standards delineated in the Village of Denmark Comprehensive Plan, as well as the Zoning Code, Building Code, Official Map and related ordinances and plans of the Village of Denmark.
A. 
Severability and nonliability.
(1) 
If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
(2) 
The Village does not guarantee, warrant, or represent that only those areas designated as floodplains will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village Board, its agencies or employees for sanitation problems, structural damages, or other losses that may occur as a result of reliance upon, and conformance with, this chapter.
B. 
Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.
C. 
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
D. 
Jurisdiction. The provisions of Ch. 236, Wis. Stats., and this chapter shall apply in all lands and waters within the Village of Denmark municipal boundaries and to the Village's one-and-one-half-mile extraterritorial jurisdiction.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Land divisions not covered by this chapter. The provisions of Ch. 236, Wis. Stats., and this chapter shall apply to all land divisions except:[2]
(1) 
Transfers of interest in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages, or easements involving five parcels or less.
(3) 
Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations or other applicable laws and ordinances.
(4) 
A division of land resulting in parcels more than 40 acres in area.
(5) 
Cemetery plats pursuant to § 157.07, Wis. Stats., and Assessor's plat pursuant to § 70.27, Wis. Stats.
(6) 
Conversion of the form of ownership of existing buildings into condominiums or cooperatives.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Resubdivision of recorded land divisions. Any resubdivision of a recorded land division that ultimately results in the creation of five or more lots, parcels, or building sites from the same original parcel shall be considered to be a subdivision and shall be accomplished by a subdivision plat and not additional certified survey maps.
G. 
Compliance with ordinances, statutes, regulations, and plans. Any person dividing land which results in a subdivision shall prepare a plat of the subdivision, or which results in a minor land division shall prepare a certified survey map, in accordance with the requirements of this chapter and:[3]
(1) 
The provisions of Ch. 236, Wis. Stats.
(2) 
The provisions of Chapter 21, Brown County Code of Ordinances.
(3) 
The rules of the Department of Transportation contained in Ch. Trans 233, Wis. Adm. Code, for divisions of land that abut a state trunk highway or connecting street.
(4) 
The rules of the Department of Natural Resources contained in Chs. NR 115 and NR 116, Wis. Adm. Code, for Wisconsin's Shoreland-Wetland Management and Floodplain Management Programs.
(5) 
All other applicable Village of Denmark, Brown County, and State of Wisconsin ordinances and regulations.
(6) 
The Village of Denmark Comprehensive Plan.
(7) 
The Village of Denmark Official Map.
(8) 
Future amendments to this chapter.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Amendments. For the purpose of promoting public health, safety, and general welfare, the Village Board may, from time to time, amend the regulations imposed by this chapter. The Village Board shall hold public hearings on all proposed amendments following a recommendation of the Village of Denmark Plan Commission. Notice of such hearings shall be give by publication of a Class 2 notice preceding the hearing or as otherwise provided by Wisconsin Statutes.
I. 
Violations. It shall be unlawful to divide, convey, record, or monument any land in violation of this chapter or the Wisconsin Statutes. The Village may institute appropriate action or proceedings to enjoin violations of this chapter as specified in § 265-15 of this chapter.
J. 
Review fees.[4]
(1) 
Preliminary plat. The subdivider shall submit to the Village fees based upon the fee schedule adopted by the Village of Denmark Board. Fees shall be submitted at the time of first application to assist in defraying the costs of necessary inspections and review of the preliminary plat.
(2) 
Final plat. The subdivider shall submit to the Village fees based upon the fee schedule adopted by the Village of Denmark Board at the time of first application to assist in defraying the costs of necessary inspections and review of the final plat.
(3) 
Certified survey map (CSM). The subdivider shall submit to the Village fees based upon the fee schedule adopted by the Village of Denmark Board at the time of first application to assist in defraying the costs of necessary inspections and review of the certified survey map or retracement CSM.
(4) 
Planned unit development. The subdivider shall submit to the Village fees based upon the fee schedule adopted by the Village of Denmark Board at the time of first application to assist in defraying the costs of necessary inspections and review of the planned unit development.
(5) 
Variance. The subdivider shall submit to the Village fees based upon the fee schedule adopted by the Village of Denmark Board at the time of application for each variance request from this chapter to assist in defraying the costs involved in such an application.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The following terms, whenever they occur in this chapter, are defined as follows:
ACT or ACTION
In the context of the Village Board or Village Plan Commission's review of a preliminary or final subdivision or certified survey map, approval, conditional approval, denial, or a request for a modification, or for additional study, field inspections or documentation.
ALLEY
A public or private right-of-way that provides secondary access to abutting properties.
AREA DEVELOPMENT PLAN
A map approved by the Village Board that shows future streets on properties in the vicinity of a proposed land division.
ARTERIAL STREET
A street that provides for the movement of relatively heavy traffic to, from, or within the Village. It has the secondary function of providing access to abutting land.[1]
ASSOCIATION
All of the condominium unit owners acting as a group, either through a non-stock, nonprofit corporation or an unincorporated association in accordance with its bylaws and declaration.[2]
BIKEWAY
A general term describing any or all of the following defined types of facilities used for bikes. A network of bikeways constitutes a bike route system.
(1) 
A bike route completely apart from a street and restricted to bicycles unless designated otherwise.
(2) 
A designated lane of a street restricted to bicycle usage and separated from motor vehicles by a painted line, raised divider, or curb.
(3) 
A route designated by signs along streets used by motor vehicles and bicycles.
BLOCK
A parcel, lot, or group of lots existing within well-defined and fixed boundaries bounded on at least one side by a street, bounded on the other sides by streets, natural or man-made barriers, or unplatted land and having an assigned number, letter, or other name through which it may be identified.
BUILDABLE AREA
The area of a lot remaining after the building setback requirements have been met and excluding the unbuildable areas as determined by this chapter and the Village of Denmark Plan Commission. The buildable area must be contiguous and not separated by environmental features, streets, or other similar features.
BUILDING
A structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, animals, or property and having a more or less permanent location on the ground.
BUILDING SETBACK LINE
The distance from the boundaries of a lot within which building(s) shall not be erected.[3]
265 Building Setback LIne.tif
CERTIFIED SURVEY MAP
A map, plan, or record of a minor subdivision meeting all the requirements of § 236.34, Wis. Stats., and of this chapter. A certified survey map may be referred to as a CSM.
CHANNEL
A natural or artificial watercourse of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus, is that water which is flowing within the limits of a defined channel.
CLOSED DRAINAGE BASIN
A drainage basin that during periods of normal rainfall has no surface outlet.
COLLECTOR STREET
A street which collects and distributes internal traffic within an urban area such as a residential neighborhood, between arterial and local streets. It generally provides access to abutting property.
COMMISSION
The Plan Commission created by the Village Board pursuant to § 62.23, Wis. Stats.
COMPREHENSIVE PLAN
The plan for guiding and shaping the growth and development of the Denmark community, including all of the component parts, as prepared by the Plan Commission and adopted by the Village Board according to § 66.1001, Wis. Stats.
CONDITIONAL APPROVAL
Approval of a plat by the Village Plan Commission or Village Board subject to the plat meeting certain specified requirements as determined by the Village Plan Commission or Village Board.
CONDOMINIUM DEVELOPMENT
A real estate development, redevelopment, or ownership conversion project involving establishment or alteration of the condominium form of ownership for all or part of the development, pursuant to Ch. 703, Wis. Stats.
CONSERVATION EASEMENT
The grant of a property right or interest from the property owner to a unit of government or nonprofit conservation organization stipulating that the described land shall remain in its natural, scenic, open, or wooded state precluding future or additional development.
CONTIGUOUS
Next to, abutting, or touching and having a portion that is coterminous.
CORNER LOT
A lot located at the intersection of two or more streets.
CROSSWALK
A public right-of-way traversing a block or street for the purpose of providing pedestrian access.
CUL-DE-SAC
A short minor street having one end open to motor traffic and the other end terminated by a vehicular turnaround.
DAYS
Shall refer to calendar days, unless specifically indicated otherwise.
DEAD-END STREET
A street having only one outlet for vehicular traffic and no vehicular turnaround.
DETENTION POND
A permanent man-made pond or pool used for the temporary storage of stormwater runoff and which provides for the controlled release of such waters.
DEVELOPMENT
The act of constructing buildings or installing site improvements, such as grading, clearing, ditching, installing utilities, or any other activities prior to construction.
DEVELOPMENT AGREEMENT
An agreement by the subdivider with the Village of Denmark that clearly establishes the subdivider's responsibilities regarding the project phasing, the provision of public and private facilities, improvements, and any other activity necessary prior to and during construction.[4]
DIVISION OF LAND
The division of a lot or parcel of land into two or more parcels.
DOUBLE FRONTAGE LOT
A lot, other than a corner lot, which has frontage on two or more streets.
DRAINAGE EASEMENT
A strip of land reserved to accommodate the free flow of stormwater or to provide for storm sewers.
EASEMENT
A grant by a property owner of the use of designated land by another for a specified purpose.
ENVIRONMENTALLY SENSITIVE AREAS (ESAs)
Portions of the landscape including valuable natural resource features that should be protected from intensive development. Environmentally sensitive areas may include lakes, rivers, streams, wetlands, floodways, steep slopes, and other significant and unique natural resource features. Environmentally sensitive areas also include a setback or buffer from those features.
EROSION
The process by which soil particles are mobilized and transported by either man-made actions or natural agents such as wind, rain, frost action, or surface water flow.
EROSION HAZARD AREAS
Those areas of the landscape in which human activities and development can accelerate erosion due to soils subject to severe erosion.
EXISTING PARCEL
A parcel, lot, or tract of land in which the enclosing boundaries are separately described and are either of record in the office of the Register of Deeds or defined by an existing tax parcel at the time of adoption of this chapter. An existing parcel completely severed by a public right-of-way shall be construed to comprise two parcels.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
As defined in § 236.02(5), Wis. Stats., the unincorporated areas within 1 1/2 miles from corporate limits of the Village of Denmark in which the Village maintains approval authority over land divisions.
FINAL PLAT
The map or plan of record of a subdivision and any accompanying material prepared in compliance with Ch. 236, Wis. Stats., and the terms within this chapter.
FLOOD
A temporary rise in stream flow or pond or lake water levels that results in water overtopping its banks and inundating normally dry areas adjacent to the stream, pond, or lake.
FLOOD-FRINGE
The portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and generally associated with standing water rather than flowing water.
FLOODPLAIN
The land that has been or may be hereafter covered by floodwater, including but not limited to the regional flood.
FLOODWAY
The channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwaters or flood flows of any river or stream, including but not limited to flood flows associated with the regional flood.
FRONTAGE
The part of a lot abutting on a street or other public right-of-way. This term is defined by the length of the lot line that runs along a public right-of-way.
FRONTAGE STREET
A minor street auxiliary to and located parallel and adjacent to an arterial street, highway, or other thoroughfare that provide access to abutting properties and separation from through traffic.
GOVERNING BODY
The Village of Denmark Village Board.
GRADIENT
The slope of land, road, street, or other public way specified in percent.
GRADING PLAN
A drawing of a proposed area with plans and specifications for grading.
GREENWAY
An open area of land included under the definition of "parkway" which may carry stormwater on the surface of the ground in lieu of an enclosed storm sewer. Greenways may serve the following multiple public purposes in addition to their principal use: including but not limited to vehicular and/or pedestrian traffic, stormwater retention basins, waterways, conservancy areas, environmentally sensitive areas, and park development.
GROSS SITE AREA
The total area within the boundaries of a tract to be subdivided, not including public rights-of-way already established.
HIGH WATER ELEVATION
The recorded average of all the high water elevations during the period of record for a flowage or other body of water.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, drainage ditch, stormwater management facility, water main, roadway, parkway, sidewalk, pedestrianway, planting strip, off-street parking area, or other facility for which the local municipality may ultimately assume the responsibility for maintenance and operation.
IRREVOCABLE LETTER OF CREDIT
A guarantee issued by a bank or other lending agency stating that a certain level of funds is available to the Village to pay for improvement costs specified in an approved development agreement.[5]
LAND DIVISION
The act of creating two or more separately described parcels, at least one of which is 40 acres or less in size, from a single parcel of land by the owner thereof or his agent.
LAND DIVISION DOCUMENT
Includes a preliminary, final, or recorded subdivision plat and certified survey maps.
LOCAL STREET
A street designed for low-speed travel and generally low traffic volumes which provides land access from neighborhoods and minor activities to the collector and arterial systems.
LOCAL UNIT
Includes municipalities such as the Village, Brown County, cities, or towns.
LOT
A designated fractional part of a subdivision or certified survey map having an assigned number through which it may be identified and meeting the requirements of this chapter for a building site. For the purposes of this chapter, a lot may also include the terms "parcel," "tract," or "building site" in determining the applicability of this chapter to land divisions.
LOT AREA
The area contained within the property lines of the individual parcels of land as shown on a plat, excluding any area within a street right-of-way but including the area of any easement.
LOT LINES
The peripheral boundaries of a lot as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 25 feet of lot depth immediately in back of the front yard setback line.
MAJOR THOROUGHFARE
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.
MEAN SEA LEVEL DATUM
Sea level datum, a 1929 adjustment, as established by the U.S. Coast Guard and U.S. Geodetic Survey.
MINOR SUBDIVISION
The division of land by the owner or owner's agent resulting in the creation of not more than four parcels within five years.
MIXED USE
The strategic placement of commercial, civic, multifamily, and open space uses within residential land use areas.
MUNICIPALITY
All units with local self-government.
OFFICIAL MAP
The map indicating the location, width and/or extent of existing and proposed streets, highways, parkways, parks, waterways and playgrounds, as adopted by the Village Board pursuant to § 62.23(6), Wis. Stats.
OUTLOT
A parcel of land so designated on a plat or certified survey map and which is any of the following:
(1) 
A parcel of land left over at the time of platting and which is intended to be divided further in the future.
(2) 
A platted parcel which does not meet the requirements of a lot at the time of platting.
(3) 
A platted parcel which is intended for open space or other use and held in common ownership or which is transferred to a public agency or utility.
PARCEL
A continuous area of land described in a single description in a deed or a lot or outlots on a plat or certified survey map, separately owned or capable of being separately conveyed.
PARKWAY
Any right-of-way for vehicular traffic, including bicycles or pedestrian traffic, or both, with full or partial control of access and usually within a part of a ribbon of park-like development. Said parkway may include greenways required for stormwater drainage purposes where the drainage improvement is to include park-like treatment and where pedestrian or vehicular travel, including bicycles, may be permitted.
PEDESTRIAN PATHWAY
A public way, usually running at right angles to streets, which is intended for the convenience of pedestrians and bicyclists only; it may also provide public right-of-way for utilities.
PERFORMANCE BOND
A bond guaranteeing performance of a contract or obligation through possible forfeiture of bond if said contract or obligation is unfulfilled by the subdivider.
PLAN COMMISSION
An officially constituted Village of Denmark body under § 62.23, Wis. Stats., whose duties include administration of Village subdivision regulations.
PLANNED UNIT DEVELOPMENT
A development guided by a total design plan in which one or more of the subdivision regulations may be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
PLAT
A map of a subdivision.
PRE-APPLICATION
A required meeting with the Village of Denmark staff to review a concept subdivision plan and provide input into the next steps or issues.
PRELIMINARY PLAT
A map delineating the features of a proposed subdivision as described herein, submitted to the Village for preliminary consideration prior to the final plat.
PUBLIC UTILITY
A corporation, company, association, sanitary district, or municipality that may own or operate any plant or equipment for the conveyance of telephone messages or for the production, transmission, delivery, or furnishing of heat, electricity, gas, water, cable television, sewer, or any other service deemed to be in the public interest.
REPLAT and RESUBDIVISION
The process of changing the plat map, which changes the boundaries of a recorded plat or a part thereof.
RESTRICTIVE COVENANTS
Written stipulations on the face of a plat or certified survey map regarding restrictions on the use or development of land that are binding on the property owner and subsequent owners of the property.
RETENTION POND
A permanent man-made pond or pool designed to collect and prevent the release of a given volume of stormwater by complete on-site storage.
REVERSED CORNER LOT
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.
265 Sewer Service Area.tif
REVIEWING AGENCY
An agency which is entitled to review and make recommendations concerning a subdivision prior to the Board action.
RIGHT-OF-WAY
A strip of land allowing or intending to allow the passage of people or goods and dedicated to the public or under the control of the public.
ROADWAY
A surfaced curb to curb or paved portion of a street available for vehicular traffic movement and parking.
SEWER SERVICE AREA
That area which the Brown County Planning Commission has designated as the area within which it, over time, expects the Village to provide the full range of urban facilities and services. For purposes of this chapter, the full range of services includes sanitary sewer. The designated urban service area may include areas in which other local governments will provide these services consistent with the policies of the Village of Denmark.
SIDEWALK
That portion of a street or crosswalk, paved or otherwise surfaced, intended for pedestrian use only.[6]
STORMWATER
The flow of surface water that results from precipitation.
STORMWATER MANAGEMENT FACILITIES
Any technique, apparatus, or facility that controls or manages the path, storage, or rate of release of stormwater runoff. Such facilities may include storm sewers, drainage easements, retention or detention ponds, drainage channels, ditches, drainage swales, inlet or outlet structures, or other similar facilities.
STREET
Includes all accessways in common use such as streets, roads, lanes, highways, avenues, boulevards, alleys, parkways, viaducts, circles, courts, and culs-de-sac, and includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, and whether dedicated for public use or held in trust, under the terms of a reservation, but shall not include those accessways such as easements and rights-of-way intended for solely limited utility purposes such as for electric power lines, gas lines, telephone lines, waterlines, or drainage and sanitary sewers.
STREET, HALF
A street bordering one or more property lines of a tract of land in which the subdivider has allocated a part of the ultimate right-of-way width. Building permits shall not be issued for parcels with frontage only on half streets.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground, excepting public utility facilities and appurtenances attached thereto.
SUBDIVIDER
Any person, firm, partnership, corporation, association, estate, trust or other legal entity requesting review or action on a subdivision, minor subdivision, or condominium.
SUBDIVISION
Any division of a lot by the owner thereof, or his/her agent, for the purpose of sale, lease, or building development where:
(1) 
The act of division creates five or more parcels or building sites of 40 acres or less in area; or
(2) 
Five or more parcels or building sites of 40 acres each or less in area are created by successive divisions within a period of five years.
SURVEYOR
Any land surveyor duly licensed in the State of Wisconsin.[7]
TAX PARCEL
An existing tract of land as defined by the governing jurisdictional body for the purpose of assessment and taxation.
TAX PARCEL NUMBER
An identification number assigned to real estate in Brown County for taxation purposes.
THOROUGHFARE
A street with a high degree of continuity, including collectors, major arterials, limited access highways, and freeways.
UNBUILDABLE AREA
The area within a lot which is identified by the Plan Commission as an area not able to be used for building purposes and not able to be calculated in the buildable area.
UNDEVELOPED LAND
Land in parcels or tracts sufficiently large for future subdivision which is presently in agriculture, woodland, or other nonintensive use.
UNIT, CONDOMINIUM
A part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space, or one or more rooms or enclosed spaces, located on one or more floors in a building.
URBAN CROSS SECTION STREET
A street that provides access to lots served by public sewer and water and contains a curb and/or gutter.
UTILITY EASEMENT
An easement to place, replace, maintain, or move utility facilities, such as telephone or electric lines, water or sewer mains, gas pipelines, and cable television.
VARIANCE
A departure from the terms of this chapter as applied to a specific parcel of land which the Village Board may permit pursuant to § 265-14 of this chapter.
VILLAGE
The Village of Denmark, Brown County, Wisconsin.
VILLAGE BOARD
The Village of Denmark Village Board.
WATERWAYS
Rivers, streams, creeks, ditches, drainage channels, watercourses, lakes, bays, ponds, impoundment reservoirs, retention and detention basins, marshes and other surface water areas, regardless of whether the areas are natural or artificial.
WETLANDS
An area on the landscape where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. A wetland delineation is established by, or approved by, the Wisconsin Department of Natural Resources and/or the U.S. Army Corps of Engineers.
ZONING CODE
Chapter 315, Zoning, of the Code of the Village of Denmark.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[6]
Editor's Note: The definition of "state plat" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
All other pertinent terms shall be as defined in the Zoning Code of the Village of Denmark and in Ch. 236, Wis. Stats.
No land shall be divided or subdivided for use which is determined to be unsuitable by the Village because of flooding or potential flooding, wetlands, soil or rock limitations, inadequate drainage, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, incompatible surrounding land use, or any other condition likely to be harmful to the health, safety, or welfare of the future residents or users of the area or likely to be harmful to the Village. Except as provided herein, the Village shall determine such unsuitability at the time the preliminary plat or certified survey map is considered for approval.
A. 
When a proposed subdivision plat or certified survey map is located in an area where flooding or potential flooding may be a hazard, the Village Board may require that the subdivider determine the floodway and floodplain boundaries for the proposed plat or map. Floodplain boundaries as determined by a licensed surveyor or engineer through a detailed flood study shall be reviewed and approved by the Wisconsin Department of Natural Resources and Federal Emergency Management Agency (FEMA).
B. 
The development shall be in accordance with the floodplain management standards of the Floodplain-Shoreland Management Sections, Wisconsin Department of Natural Resources, and any applicable shoreland and wetland ordinances.
C. 
The Village Board, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusions that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence and the means of overcoming such unsuitability, if he/she so desires, at a meeting of the Board. Thereafter, the Board may affirm, modify, or withdraw its determination of unsuitability.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The subdivider may, as a part of the preliminary plat or certified survey map procedure, request a determination of land suitability by the Village Board, provided that the subdivider shall furnish such maps, data, and information as may be necessary to make a determination of land suitability. In addition to the data required to be submitted with the preliminary plat or certified survey map, the subdivider may be required to submit some or all of the following additional information for development located in an area where flooding or potential flooding may be a hazard:
(1) 
Maps and aerial photographs. Two copies of an aerial photograph, or two maps prepared by a licensed land surveyor or registered professional engineer, which accurately locates the existing and proposed development with respect to floodplain zoning district limits if present, channel or stream fill limits and elevations, and floodproofing measures taken or proposed to be taken.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Cross sections. Two copies of a typical valley cross section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high water information.
(3) 
Profiles. Two copies of a profile showing the slope of the channel or flow line of the stream.
(4) 
Base flood elevation. The developer may finance a detail engineering study with updated data. The study must be approved by both the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency. Two copies of the study shall be submitted. The flood study must be submitted to both the Village of Denmark and the Brown County Zoning Department in a format that meets the standards set forth by Brown County to ensure that it is compatible with the county GIS system.
E. 
Each proposed subdivision plat or certified survey map shall be in compliance with the Village of Denmark Comprehensive Plan, Zoning Code, Official Map, and all other local, county, state, and federal regulations.
A. 
Streets and public ways.
(1) 
Whenever a parcel of land to be divided as a subdivision contains all of, or in part, a proposed street, highway, drainageway, stormwater management facility, other public way, or public access to navigable lakes or streams which has been designated in a comprehensive plan as defined in this chapter, as required by Ch. 236, Wis. Stats., or as indicated in an official map adopted under § 62.23, Wis. Stats., such public way or access shall be made a part of the plat and dedicated or reserved by the subdivider in the location and dimensions indicated, unless otherwise provided herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Prior to acceptance of any streets or public ways by the Village, the Village of Denmark Engineer shall certify to the Village that all of the following conditions are met with respect to each facility:
(a) 
The street or public way is functioning properly in accordance with the plans and specifications of the Village of Denmark.
(b) 
Any necessary maintenance, including application of first lift of asphalt or other Village-approved surface material, is completed.
(c) 
The application of the second lift of asphalt must be laid no later than one year after the first lift is completed unless determined otherwise by the Village.
B. 
Stormwater management facilities.
(1) 
The dedication of any lands and/or facilities shown on a plat of a subdivision or certified survey map within the Village of Denmark for stormwater management facilities as "Dedicated to the Public for Stormwater Management Purposes" shall not be accepted by the Village until one year after the recordation date of the subdivision plat or CSM, unless an earlier date is agreed to by the Village of Denmark.
(2) 
Prior to the acceptance of any lands and/or stormwater management facilities by the Village, the Village of Denmark Engineer shall certify to the Village that all of the following conditions are met with respect to each facility:
(a) 
The stormwater management facility is functioning properly in accordance with the plans and specifications of the Village of Denmark as certified by the Village Engineer.
(b) 
Any required plantings are adequate, well established, and reasonably free of invasive species.
(c) 
Any necessary maintenance, including removal of construction sediment, has been properly performed by the subdivider.
(d) 
All access and maintenance easements have been secured and recorded if the stormwater management facilities are to be owned and maintained by the Village.
C. 
Parks and open space.
(1) 
The subdivider may designate on every final plat and certified survey map of a residential subdivision or land division an area of land suitable for park or open space purposes. If so designated, such land shall be dedicated to the public.
(2) 
The Village shall properly develop and maintain the dedicated area, and the owner who dedicated said land shall in no way be responsible for its development, maintenance, or liability thereon except that said owner shall not develop the surrounding area in a manner which would unduly depreciate the purpose, use, or value of the dedicated property.
D. 
Reservation of lands for park, open space, school, or public sites. Whenever a parcel of land to be divided as a subdivision or a land division contains all of, or in part, a site for a park or open space use, or a school or other public site, which has been designated in a comprehensive plan as defined in this chapter or an official map adopted under § 62.23, Wis. Stats., such park, open space, school, or public site shall be made a part of the plat. The subdivider shall reserve such proposed public lands for a period not to exceed three years, unless extended by mutual agreement for acquisition by the public agency having jurisdiction. If the three-year period expires with no action by the public agency, the open space provisions of § 265-8C of this chapter shall still apply.
E. 
Environmentally sensitive areas (ESAs). Whenever a tract of land to be subdivided includes any part of identified environmentally sensitive areas (ESA) as defined in the most recent iteration of the Brown County Sewage Plan, such areas shall be made a part of the plat. Environmentally sensitive areas included within a subdivision plat shall be included within lots or outlots, or reserved for acquisition as provided in § 265-8C and D above, or shall be reserved in perpetuity for the recreational use of the future residents of the land to be divided, if approved by the Village.
F. 
Lands between meander line and water's edge. The lands lying between the meander line established in accordance with § 236.20(2)(g), Wis. Stats., and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge, shall be included as part of lots, outlots, or public dedications in any plat abutting a lake or stream. This requirement applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which he or she holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or stream.
G. 
Restrictions for public benefit.
(1) 
Any restrictions placed on platted land by covenant, grant of easement, or in any other manner, which were required by the Village, or public utility, or which name the Village of Denmark as grantee, promisee, or beneficiary, vest in the Village of Denmark the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in land subject to the restriction. Such restrictions shall include obligations to pay maintenance assessments for commonly held open space property, shore protection works, erosion control measures, and other improvements. The restriction may be released or waived in writing by the Village of Denmark.
(2) 
The Village Board reserves the right to require conservation easements for future public access across or through dedicated public lands for the purposes of sound engineering, planning, maintenance, or development purposes.
H. 
Flood studies. Where required as deemed necessary by Village staff, a detailed flood study shall be completed by a licensed engineer to determine the extent of the floodplain within a proposed land division. The flood study must be approved by the Wisconsin Department of Natural Resources (WDNR) and Federal Emergency Management Agency (FEMA) prior to final plat approval subject to the following conditions:
(1) 
All physical changes in the field must be completed prior to marking the floodplain information on the subdivision plat or certified survey map.
(2) 
The WDNR/FEMA approved flood study must be submitted to both the Village and Brown County in a format the meets the standards set by the county to ensure that it is compatible with the county GIS system.
The subdivider or his or her agent shall furnish and install the following improvements, as required by the Village. The required improvements are to be furnished and installed at the sole expense of the subdivider, unless specified differently within this chapter or in an approved development agreement between the Village and subdivider. The required improvements are to be installed in accordance with plans, standards, specifications, and scheduling approved by the Village.
A. 
Financing and development agreements. Before a final plat is approved by the Village Board, the subdivider shall submit a development agreement and performance bond, cash escrow, or irrevocable letter of credit agreement to assure the following:
(1) 
The subdivider shall pay for the cost of all improvements required in the subdivision. However, in the case of an improvement, the cost of which would by general policy be assessed only in part to the improved property and the remaining cost paid out of general tax levy, provision may be made for payment of a portion of the cost by the subdivider and the remaining cost by the Village. This subsection shall apply to public sanitary sewage disposal facilities as discussed in § 265-11 and public water supply facilities as discussed in § 265-12.
(2) 
If any improvement installed within the subdivision will be of substantial benefit to the land beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such land, to be assessed against the same, and in such case the subdivider will be required to only pay for such portion of the whole cost of said improvement as will represent the benefit to the property within the subdivision.
(a) 
The Village of Denmark shall be responsible for paying the costs associated with oversizing all improvements at the time of installation.
(b) 
Assessments for improvements installed within the subdivision shall be deferred until such time that said lands are annexed into the Village.
(3) 
Guaranteed completion of the required improvements within a two-year period.
(4) 
Payment by the subdivider for all costs incurred by the Village for review and inspection. This would include preparation and review of plans and specifications by the Engineer, planning consultant, and Attorney, as well as other costs of a similar nature.
(5) 
The Village may elect to install any of the required improvements under the terms of a performance bond, cash escrow, or letter of irrevocable credit agreement.
(a) 
The performance bond, cash escrow, or irrevocable letter of credit agreement shall be equal to 1 1/2 times the Village Engineer's estimated cost of the required improvements.
(b) 
The performance bond is due at the time of the initial application for the first building permit for the new subdivision.
(c) 
The performance bond, cash escrow, or irrevocable letter of credit agreement shall include all costs for construction and maintenance as discussed in the development agreement in § 265-9B.
(d) 
If the required improvements are not complete within the two-year period, all amounts held under the performance bond, cash escrow, or irrevocable letter of credit shall be turned over and delivered to the Village and applied to the cost of the required improvements. Any balance remaining after such improvements have been made shall be returned to the owner or subdivider. The Village Board, at its discretion, may extend the bond period for an additional period not exceeding two years. If the subdivider's performance bond, cash escrow, or irrevocable letter of credit is to be renewed for an additional period of time, the Village shall require a new bid/estimate certified by the Village Engineer.
(e) 
Should the performance bond, cash escrow, or irrevocable letter of credit be insufficient in amount to allow the Village to complete the improvements, the subdivider shall be required to pay the Village such additional costs as needed for the completion of such improvements and/or actions, including but not limited to the Village's administrative costs, attorneys' fees, planning consultant fees, engineering consultant fees, and other costs associated with completing the improvements.
B. 
Development agreement. As a condition for approval of the final plat, the subdivider shall enter into a development agreement with the Village providing for, and including but not limited to, the subdivider's responsibility and liability for road construction, lighting, utility construction, landscaping, erosion control, drainage, flood control, pollution or contamination of the environment, street appurtenances such as signage, fire protection, easements, and stormwater management facilities construction and maintenance as discussed in this chapter. This agreement shall provide for time limits and security for performance and penalties for noncompliance. The agreement will not create or invoke special treatment for the developer, nor imply or create promises of approval. All estimates shall be verified by the Village Engineer.
C. 
Survey monuments. The subdivider's surveyor shall install survey monuments placed in accordance with the requirements of § 236.15, Wis. Stats. [Pursuant to § 236.15(1)(h), Wis. Stats., the Village which is required to approve the subdivision under § 236.10, Wis. Stats., may waive the placing of monuments for a reasonable time on condition that the subdivider's surveyor executes a performance bond to insure that he or she will place the monuments within the time required.]
D. 
Grading and surfacing.
(1) 
The subdivider shall finish grade all curb and gutter systems, shoulders and ditches and install all necessary culverts and other storm and surface water drainage structures or systems to effect positive drainage away from buildings and service facilities and to prevent erosion and sedimentation.
(2) 
The subdivider shall grade the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the Village of Denmark. After the installation of all utility and stormwater drainage improvements, the subdivider shall surface all roadways and streets proposed to be dedicated with surfacing materials approved by the Village.
E. 
Pedestrian guidelines. Sidewalks are required and shall be constructed on both sides of all new streets and meet the design standards of § 265-11I of this chapter.
F. 
Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other non-motorized users), shared on-street driving/bicycle lanes, and striped bicycle lanes on streets. Designated lane signs shall be placed beside the road where bicycle lanes are present, and "bike lane" shall be painted within the lanes to ensure that people understand the lanes are to be used only by bicyclists. The Village of Denmark Comprehensive Plan and the most recent version of the Brown County Bicycle and Pedestrian Plan shall be consulted for guidance.
G. 
Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Features such as curb extensions, roundabouts, short medians and other traffic calming techniques found in Appendix A of the Village of Denmark Comprehensive Plan may be used to encourage slow traffic speeds.
(1) 
Street hierarchy. Each street within a development shall be classified according to the following:
(a) 
Freeways. Freeways are fully controlled access highways that have no at-grade intersections or driveway connections.
(b) 
Arterials. Principal and minor arterials carry longer-distance traffic flows between activity centers. These facilities are the backbone of a highway system and are designed to provide a very high amount of mobility and very little access.
(c) 
Collectors. Collectors link local streets with the arterial street system. These facilities collect traffic in local areas, serve as local through routes, and directly serve abutting land uses.
(d) 
Locals. Local roads and streets are used for short trips. Their primary function is to provide access to abutting land uses, and traffic volumes and speeds are relatively low.
(e) 
Alleys. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial properties.
(2) 
Street layout. The existing street grid should be maintained where present, and well-connected street patterns shall be established in new subdivisions to maximize connectivity and accessibility wherever feasible.
(a) 
Alignment and visibility. Clear visibility, measured along the center line, shall be provided for at least 400 feet on major streets, 350 feet on collector streets, and 250 feet on minor streets.
(b) 
Minimum radii of curvature on the center line shall be 300 feet on arterial streets, 200 feet on collector streets, and 100 feet on local streets.
(c) 
All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets when such streets act as connections to future phases of the development. Local streets may terminate other than at other streets or public land when geographic conditions necessitate the creation of a cul-de-sac. Culs-de-sac should maintain a connection to the pedestrian and bicycle path network at the terminus in order to maintain an effective pedestrian and bicycle circulation network.
H. 
Streetlamps. The subdivider shall provide and install street, pedestrianway, and bikeway lighting systems, where appropriate, within the area being developed, upon consultation with the appropriate electric utility and as approved by the Village Engineer, prior to acceptance of the subdivision.
I. 
Street name signs. The developer shall reimburse the Village for the installation of all street name signs, temporary dead-end barricades and signs, no parking signs, and traffic control signs as required by Village standards, prior to acceptance of the subdivision. All signs shall be ordered and installed by the Village. All signs shall have lettering which is six inches in height.
J. 
Landscaping and screening standards. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas.
(1) 
Where screening is required by this chapter, it shall be at least three feet in height, unless otherwise specified. Required screening shall be at least 50% opaque throughout the year. Required screening shall be satisfied by one or some combination of a decorative fence not less than 50% opaque behind a continuous landscaped area, a masonry wall, or a hedge.
(2) 
Street trees. A minimum of one deciduous canopy tree per 90 feet of street frontage or fraction thereof may be required. Trees should preferably be located between the principal structure and utility easement, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk. The Village of Denmark Urban Forestry Management Plan should be consulted for requirements.
(3) 
Planting restrictions.
(a) 
All trees should be a minimum of two inches in diameter at breast height at the time of planting.
(b) 
All plantings should be at least 35 feet from street corners (measured from the point of nearest intersecting curbs or curblines); 20 feet from streetlights; 10 feet from hydrants, driveways, and utility poles; and five feet from any underground waterline or water stop box. Because of these complexities, exact planting locations may be determined by the Village staff prior to planting.
(c) 
All costs for street trees may be borne by the property owner. The Village can assess the costs to the property owner.
(d) 
Street terraces must be a least four feet in width between the sidewalk and the curb and gutter to allow for planting of trees. In areas with preexisting sidewalk which do not meet this requirement, street trees may be planted within the front yard setback adjacent to the sidewalk.
(4) 
Tree preservation. In the development of new subdivisions, the developer will work with Village staff to create a tree preservation plan that shows exactly which trees will be removed to install infrastructure for the development. The developer will also provide a plan specifying methods of protecting trees not approved for removal. The developer shall ensure protective structures shall remain in place until construction on site is complete. Trees dead or in poor condition after one year as determined by Village staff shall be replaced by the subdivider.[2]
[2]
Editor's Note: Original § 18.09(11), Public sanitary sewage disposal facilities, and (12), Public water supply facilities, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K. 
Stormwater management and erosion control facilities.
(1) 
For all land divisions containing five or more parcels, or other land divisions as determined by Village staff, the subdivider shall submit a stormwater management and erosion control plan. All plans are subject to § 21.66 of the Brown County Code of Ordinances and Chapter 256, Stormwater Management, of the Code of the Village of Denmark and approval of the Brown County Planning Commission staff and by the Village Engineer.
(2) 
Stormwater management plans may require but not be limited to storm sewers, road ditches, waterways, storm sewers, curbs and gutters, catch basins and inlets, and water retention/settling basins. Erosion control plans may require but not be limited to landscaping techniques utilizing vegetative covers and grading specifications; berms, etc., may also be employed.
(3) 
All land disturbing activity shall be conducted so as to prevent erosion and sedimentation and to minimally disturb the natural flora, fauna, water regimen, and topography. All areas in which the surface of the land is disturbed by construction shall be promptly seeded and mulched, sodded, or otherwise suitably protected against erosion at a time and in a manner satisfactory to the Village.
(4) 
Plans required under this section shall be submitted to the Village of Denmark, Brown County Planning Commission, and Department of Natural Resources for review, comment, and approval as appropriate.
(5) 
Stormwater management and erosion control plans will be required for all activities which create land disturbances one acre or more in size and when deemed necessary by the Village Engineer.
L. 
Other utilities.
(1) 
Underground requirements.
(a) 
All new electric distribution lines (excluding lines of 15,000 volts or more), telephone lines from which individual lots are served, telegraph lines, fiber optic, and cable or community antenna television cables within all newly platted subdivisions and land divisions shall be installed underground unless:
[1] 
The placing of such facilities underground would not be compatible with the development; or
[2] 
The Village determines that the location, topography, soil, stands of trees, or other physical barriers would make underground installation unreasonable or impractical or that the lots to be served by said facilities would be best served directly from existing overhead facilities.
(b) 
Associated equipment and facilities which are appurtenant to underground electric and communications systems, including but not limited to substations, pad-mounted transformers, switches, and aboveground pedestal-mounted terminal boxes, may be located above ground. The aforementioned aboveground equipment shall be landscaped and screened with natural vegetation so as to blend into the surrounding landscape.
(c) 
The subdivider or his agent shall furnish proof to the Village that such arrangements as may be required under the applicable rates and rules filed with the Public Service Commission 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 the approval of the final plat, development plan, or certified survey map.
(d) 
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.
(2) 
Easement locations.
(a) 
Perpetual, unobstructed easements centered on the front lot lines of subdivisions and land divisions shall be provided for utilities (private and municipal) where necessary. Such easements shall be at least 12 feet wide and shall be designated as "Utility Easements" on the plat or certified survey map. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements along adjoining properties.
(b) 
Where topographical or other conditions are such to make impractical the inclusion of utilities within the front lot line, where necessary, perpetual, unobstructed easements at least 12 feet wide shall be provided along side lot lines and shall be designated as "Utility Easements" on the plat or certified survey map. Where feasible, the twelve-foot-wide easement should be split equally between adjacent parcels.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Construction plans and specifications. Construction plans for the required improvements conforming in all respects with the standards of the Village Engineer or Village Board and the ordinances of the Village shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his/her seal. Such plans, together with the quantities of construction items, shall be submitted to the Village Engineer for review and approval and to determine an estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required. Immediately following approval of the preliminary plat by the Village Board, or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished to the Village for the following public improvements:
(1) 
Street plans and profiles showing existing and proposed grades, elevations, names, and cross sections of required improvements.
(2) 
Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations and materials of required facilities.
(3) 
Storm sewer and open channel plans and profiles showing the locations, grades, sizes, cross sections, elevations, culvert sizes, retention ponds, detention ponds, and materials of required facilities.
(4) 
Water main plans and profiles showing the locations, sizes, elevations, and materials of required facilities.
(5) 
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.
(6) 
Planting plans showing the locations, species, and time of planting of any required grasses and ground cover.
(7) 
Corner elevations for every proposed lot and outlot shall be submitted to the Village prior to issuance of building permit.
(8) 
Additional special plans or information as required by Village Plan Commission, Village Board, or Village staff.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Action by the Village Engineer. The Village Engineer shall review or cause to be reviewed the plans and specifications for conformance with the requirements of this chapter and other pertinent Village design standards. If the Village Engineer rejects the plans and specifications, the Village Engineer shall notify the owner or owner's agent, who shall modify the plans or specifications or both accordingly. If the plans and specifications are corrected, the Village Engineer shall approve the plans and specifications for transmittal to the Village Board. The Village Board shall approve the plans and specifications before the improvements are installed.
C. 
Construction and inspection.
(1) 
Prior to starting any of the work covered by the plans approved above, written authorization to start the work shall be obtained from the Village Engineer upon receipt of all necessary permits and in accordance with the construction methods of this chapter and any other Village-approved standards.
(2) 
Construction and provision of all improvements shall begin and be complete in accordance with the timelines provided in § 265-9.
(3) 
During the course of construction, the Village Engineer or designee shall make such inspections as he/she deems necessary to ensure compliance with the plans and specifications as approved. The owner shall pay the actual cost incurred by the Village for such inspections. This fee shall be the actual cost to the Village of inspectors, engineers and other parties necessary to ensure satisfactory work.
(4) 
Contractors shall provide a warranty for all improvements for a minimum of one year from substantial completion.
D. 
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 drain tiles, valves, manholes, hydrants, stubs, sewers and water mains and such other facilities as the Village Engineer shall require. This map shall be on paper and shall bear the signature and seal of a professional engineer registered in Wisconsin. A digital scanned version of the map shall also be made available to the Village in a format of the Village's choosing. A copy of all televising reports for sewer and water systems shall also be submitted. The presentation of the reports, maps and digital files shall be a condition of final acceptance of the improvements and release of letter of credit, performance bond, or remaining escrow, assuring their completion.
A. 
Conformity with the Comprehensive Plan, Transportation Plan, Utility Plans and the Official Map. All proposed development shall conform to the Comprehensive Plan, Transportation Plan, Utility Plans and the Official Map of the Village 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Relationship to existing and future development.
(1) 
The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets to adjoining areas.
(2) 
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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Access. Every lot or parcel created shall front on a public street, excluding alleys.
D. 
Street design standards.
(1) 
Street dimensions. All streets widths, lengths, and other dimensions shall meet the design standards in Tables 1 and 2.[3]
[3]
Editor's Note: Table 1 is included as an attachment to this chapter. Table 2 is included at the end of § 265-11I, Sidewalks.
(2) 
Street radii. Property lines at street intersections shall be rounded with a radius of 12 feet or greater. Where a street intersects a county trunk highway, rounded property lines with a radius not greater than 20 feet may be required.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Street construction. All streets and highways constructed in the Village or to be dedicated to the Village shall fully comply with and receive approval by the construction standards set forth by the Village Engineer. These standards shall include but not be limited to pavement type, grading, roadway base thickness, roadway subbase, and pavement thickness.
(4) 
Street grades.[5]
(a) 
Unless necessitated by exceptional topography, subject to the approval of the Village Engineer, the maximum center-line grade of any street or public way shall not exceed the following:
[1] 
Arterial streets: 6%.
[2] 
Collector streets: 7%.
[3] 
Local streets, alleys, and frontage streets: 10%.
(b) 
The grade of any street shall in no case exceed 10% or be less than 0.5%.
(c) 
All changes in street grades shall be in accordance with Wisconsin's Facilities Development Manual or FDM.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Temporary roadway termination. Temporary roadway termination will require a turnaround.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 18.11(6), Reserve strips, (7), Half streets, and (8), Street jogs, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Alignment. Horizontal alignments of proposed streets shall be in accordance with the requirements of the Department of Transportation Facilities Development Manual.[7]
[7]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Intersections. Design and geometry shall be in accordance with the Wisconsin Department of Transportation Facilities Development Manual.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
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 reversed frontage with one of the following:
(1) 
Screened planting contained in a non-access reservation along the rear property line.
(2) 
Access to the rear lot line via a public alley.
I. 
Sidewalks.[9]
(1) 
Sidewalks shall be constructed on all new streets, including culs-de-sac, in accordance with the widths listed in Table 2.
(2) 
All mid-block sidewalks, multi-use paths, and other required regional pedestrian facilities shall be constructed at the time of street construction. Development costs shall be the responsibility of the developer or subdivider.
(3) 
Engineering plans specifying grades and locations for all sidewalks associated with newly platted streets shall be prepared by the developer. Said plans shall be maintained on file with the Village Engineer.
(4) 
All sidewalks shall be no less than five feet in width and the inner edge thereof shall be one foot from the lot line. Wider than standard sidewalks shall be required as deemed necessary by the Village Board in the vicinity of schools, commercial areas, and other places of public assemblage.
(5) 
Sidewalks shall be graded along their full width to the subgrade of the road bed as agreed upon in the development agreement per §§ 265-9B and 265-12E of this chapter.
(6) 
If sidewalks are damaged during construction, they shall be rebuilt prior to issuance of a certificate of occupancy.
(7) 
Effort shall be made to add sidewalks where they do not exist and to complete missing links. Sidewalk connections and crosswalks at major intersections should be completed with coordination of new development.
(8) 
Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.
(9) 
Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.
(10) 
Street frontages where sidewalks are required shall be shown on the face of the plat or certified survey map, and the following restrictive covenant shall also be placed on the face of the CSM or plat:
(a) 
Where the locations of the sidewalks have been graphically designated on the plat or CSM, the following restrictive covenant may be used: "Concrete sidewalks shall be installed as shown on this subdivision plat/CSM. Sidewalks shall be installed in front of lots abutting the locations shown as directed by the Village Board."
(b) 
Where the locations of the sidewalks have not been graphically designated on the plat or CSM, the following restrictive covenant shall be used: "Concrete sidewalks shall be installed in front of lots abutting the right-of-way."
(11) 
The Village Board shall require the construction of sidewalks in locations other than required under the preceding provisions of this chapter if such walks are necessary, in its opinion, for safe and adequate pedestrian circulation.
(12) 
Exceptions. The Village will consider the construction of a sidewalk on only one side of the street where the right-of-way has very severe topographic or environmental constraints or where there is existing development or mature landscaping.
(13) 
Sidewalk grade. Sidewalk grade must follow ADA standards.
Table 2: Required Sidewalk Widths by Land Use
Land Use
Sidewalk Width
(feet)
Business district
8
Mixed use
5
Residential uses
Multifamily/duplexes
5
Single-family
5
Culs-de-sac
5
Sidewalk corridors between subdivisions
5
Sidewalk corridors between culs-de-sac
5
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
Land divisions abutting trail corridors or limited access highways. Where a subdivision or certified survey map borders on or contains an off-street trail corridor or limited access highway right-of-way, the Village Board 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. Such distances shall be determined with regard for the requirements of approach grades and future grade separations.[10]
[10]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K. 
Street names.[11]
(1) 
A proposed street that is in alignment with or extends an existing named street shall bear the name of the existing street.
(2) 
The Village Board reserves the right to approve or disapprove any new proposed street names.
[11]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
L. 
Addresses. All new lots shall be numbered in accordance with the uniform house number system adopted by the Village Board. Street numbers shall be assigned prior to approval or as a condition of approval of the final plat by the Village Board.
M. 
Cul-de-sac streets.
(1) 
The use of cul-de-sac streets shall be limited to portions of developments which, due to unusual topographical, environmental, or other particular conditions, may better be served by culs-de-sac than by continuous streets.
(2) 
Every attempt shall be made to provide for pedestrian connections at the terminus of a cul-de-sac.
(3) 
All cul-de-sac streets shall terminate in a circular turnaround meeting dimension standards in Table 1.
(4) 
Culs-de-sac shall not exceed 600 feet in length and shall be measured along the center line from the center of the turnaround to the edge of the right-of-way of the intersecting street.[12]
[12]
Editor's Note: Original § 18.11(16), Grades, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
N. 
Driveways.
(1) 
Driveways shall be a minimum of 150 feet from center line of the intersection of any road rights-of-way excluding alleys.[13]
[13]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Driveways shall provide for the continuation of the sidewalk network within the concrete driveway apron.
O. 
Pedestrianways and bikeways.
(1) 
In the design of the plat, the developer shall make provisions for pedestrianways and bikeways for transport and recreation as required by the Village. Walks and paths away from streets in common areas shall be lighted for safety and to permit visual surveillance.[14]
[14]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Pedestrianways and bikeways recommended in the Comprehensive Plan and other similar planning documents shall be incorporated into all new proposed subdivisions.[15]
[15]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Access shall be made available to local, regional, and state recreational trails at distances not to exceed one per half mile. Existing street crossing shall be considered as existing access points and may be considered when determining additional access.
P. 
Blocks.
(1) 
The lengths, widths, and shapes of blocks shall be compatible with the Comprehensive Plan, zoning requirements, need for convenient pedestrian, bike and vehicle access, control and safety of street traffic, bicyclists and pedestrians, and the limitations and opportunities of topography. Blocks in residential areas shall not be less than 200 feet wide between street lines or greater than 1,500 feet in length unless dictated by exceptional topography or other limiting factors of good design.
(2) 
Block layout shall promote the development of a well-connected street pattern; however they may vary in size and shape to allow for topographical or environmental constraints.
(3) 
Blocks shall be of sufficient width to provide for two tiers of lots of appropriate depth, except where required to separate residential development from through traffic.
(4) 
Dedicated sidewalk corridors not less than 10 feet in width, with a sidewalk not less than five feet in width, shall be established near the center and entirely across any block or elsewhere deemed essential, in the opinion of the Village, to provide convenient pedestrian and bicycle circulation.[16]
[16]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Q. 
Lots.
(1) 
Lot dimensions (street frontage and minimum area) and setback lines shall conform to the requirements of Chapter 315, Zoning, of the Code of the Village of Denmark.
(2) 
Side lot lines shall be right angles to straight lines or radial to curved street lines on which the lots face whenever possible.
(3) 
Corner lots shall have sufficient width to permit adequate building setbacks from side streets to conform to Chapter 315, Zoning, of the Code of the Village of Denmark.
(4) 
Every lot shall front or abut on a public street, not including alleys, freeways, or half streets.
(5) 
Lot lines shall not cross municipal boundary lines.
(6) 
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.
(7) 
Residential lots fronting or backing on arterial streets shall be platted with extra depth.
(8) 
Where possible, lots shall be created to avoid crossing navigable waterways. When this is required, it shall be approved at the discretion of Village of Denmark.
R. 
Building setback lines.
(1) 
Where building setback lines are not controlled by the Zoning Code, the Village shall establish building setback lines appropriate to the location and type of development.
(2) 
Where lots abut navigable waters as determined by the Wisconsin Department of Natural Resources, building setback lines for all buildings and structures except piers, marinas, boathouses, and similar uses shall not be less than 100 feet from the ordinary high-water line as measured on a horizontal plane.
(3) 
When a flood study has been approved by the Wisconsin Department of Natural Resources and Federal Emergency Management Agency, building setback lines for all structures except piers, marinas, boathouses, and similar uses shall not be less than the greater of 75 feet from the ordinary high-water mark or 50 feet landward of the floodway.
(4) 
Where lots abut non-navigable waters as determined by the Wisconsin Department of Natural Resources, building setback lines for all buildings and structures except piers, boathouses, and similar uses shall not be less than 35 feet from the ordinary high-water line as measured on a horizontal plane.
S. 
Treatment of railroad rights-of-way. Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way, the subdivider shall proceed as follows:
(1) 
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. This strip shall be a part of the platted lots, but the following restriction shall be written on the plat: "This strip is 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."
(2) 
The Village 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.
T. 
Outlots.
(1) 
Outlots platted under § 236.02(7), Wis. Stats., and this chapter are non-buildable and non-developable.
(2) 
If an outlot or portion or an outlot meets the criteria of a lot per § 265-11Q and Chapter 315, Zoning, of the Code of the Village of Denmark, the outlot can be replatted as a lot only through a certified survey map or subdivision plat as defined in this chapter.
A. 
Pre-submittal meeting.
(1) 
Prior to the submittal of a preliminary plat, the subdivider shall contact the Village Clerk to meet with the appropriate Village staff to discuss the proposed plat. The meeting is intended to identify potential problems and methods to alleviate them and to encourage a cooperative effort between the developer and the Village and all affected utilities for assistance and advice regarding site suitability and general requirements. A pre-submittal meeting to review a land division other than a plat is advisable, but not required. The subdivider shall also consult with the Brown County Planning Commission to obtain planning assistance to avoid potential environmental problems.
(2) 
Conceptual plan. A conceptual plan of the proposed subdivision or land division drawn on a topographic survey map shall be submitted prior to the submittal of a preliminary plat for staff review and comment. There shall be no fee for the Village's review of a conceptual plan. However, such reviews shall be conducted only as staff time permits. The conceptual plan shall identify:
(a) 
Property boundaries.
(b) 
Proposed roads, lots, and any proposed dedications.
(c) 
Slopes at or exceeding 12%.
(d) 
General soil conditions.
(e) 
Site characteristics, including wetlands, floodplains, erosion hazard areas, drainageways, rock outcroppings, and vegetation.
(f) 
All contiguous property owned or controlled by the subdivider.
(g) 
Existing buildings and easements.
(h) 
Current and proposed zoning.
(i) 
Proposed uses of the property.
(3) 
Village review letter. Following the conceptual plan review meeting, Village staff shall provide a response in writing to the developer regarding issues discussed at the meeting and the next step in the process.
B. 
Preliminary plat. A preliminary plat shall be prepared for all subdivisions and shall be based upon a survey by a land surveyor licensed in this state. The plat shall be submitted at a scale of not less than 100 feet to one inch, shall conform to any standards and specifications set forth in § 236.34, Wis. Stats., shall utilize the Brown County Coordinate Monumentation System and shall show correctly on its face the following information:[1]
(1) 
Title of the proposed subdivision not duplicating an existing subdivision in Brown County.
(2) 
Location of the proposed subdivision by government lot, quarter section, section, township, range, and county.
(3) 
A small-scale drawing detailing the section or region in which the subdivision lies within the location of the subdivision located thereon.
(4) 
Date, graphic scale, and North arrow.
(5) 
Name and address of the owner, subdivider, authorized agent, and land surveyor preparing the plat.
(6) 
Entire area contiguous to the proposed plat owned or controlled by the subdivider, even if only a portion of said area is proposed for immediate development. The Village 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.
(7) 
Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the Brown County Coordinate Monumentation System, and the total acreage encompassed.
(8) 
Location and names of any adjacent subdivisions, parks and cemeteries, and owners of record of abutting unplatted lands.
(9) 
Location, right-of-way width, and names of any existing or proposed streets, alleys, or other public ways, easements, railroad and utility rights-of-way, and all section or quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.
(10) 
Location of all permanent buildings and major structures.
(11) 
Location of existing property lines, structures, drainage ditches, streams and watercourses, lakes, wetlands, rock outcrops, wooded areas, slopes 12% or greater, environmentally sensitive areas as defined by the Brown County Sewage Plan and other similar significant features within the parcel being subdivided.
(12) 
Location and type of existing and proposed public easements.
(13) 
Water elevations of adjoining lakes, ponds, streams, and flowages at the date of the survey, and approximate high and low water elevations.
(14) 
Type, width, and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto with any legally established center-line elevations.
(15) 
Contours within the exterior boundaries of the plat and extending to the center line of adjacent public streets at vertical intervals of not more than two feet.
(16) 
Location and approximate dimensions of any sites to be dedicated or reserved for parks, open space, drainageways, schools, or other public uses as deemed necessary by the Village.
(17) 
Approximate dimensions of all lots, and proposed lot and block numbers.
(18) 
Existing and proposed land use and zoning included within and immediately adjacent to the proposed subdivision.
(19) 
Floodplains, wetlands, and any proposed lake and stream access.
(20) 
Surface drainage pattern mapping and indication of direction and established peak volume of soil drainage pattern as deemed necessary by the Village.
(21) 
Signature and seal of surveyor.
(22) 
Where the Village finds that it requires additional information relative to a particular problem presented by a proposed development to review the preliminary plat, it shall have the authority to request such information from the subdivider.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Preliminary plat submittal procedure.
(1) 
Subdivider submittals. Prior to submitting a final plat for approval, the subdivider shall submit to the Village and to those agencies having the authority to object to plats under Ch. 236, Wis. Stats., a preliminary plat and a letter of application for Village approval. The preliminary plat shall be prepared in accordance with this chapter. The Plan Commission may submit a copy of the preliminary plat to the Village Engineer and planning consultant, if any, for review and written report of their reaction to the proposed plat. In total, the subdivider shall submit the following to the Village:
(a) 
Twelve copies of the plat to include four copies of the plat 22 inches by 30 inches and eight copies of the plat 11 inches by 17 inches.
(b) 
Four copies of all other plans and specifications required in this chapter.
(2) 
Within 90 days of the date of filing the plat, the Village, or its approving authority, shall take action to approve, approve conditionally, or reject the preliminary plat, unless the time is extended by agreement with the subdivider, based on its determination of conformance with the provisions of this chapter and the Village of Denmark Comprehensive Plan. One copy of the plat shall thereupon be returned to the subdivider with the date and action endorsed thereon; and, if approved conditionally or rejected, a letter setting forth the conditions of approval or the reasons for rejection shall accompany the plat and shall be submitted to the subdivider.
(3) 
Failure of the Village, or its approving authority, or its agent, to act within 90 days of the date of filing, or agreed extension thereof, constitutes an approval of the preliminary plat.
(4) 
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 the preliminary plat approval and conforms substantially to the preliminary plat as approved, including any conditions of that approval, and to any local plans and ordinances adopted as authorized by law, as indicated in § 236.11(1)(b), Wis. Stats., the final plat is entitled to approval.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Addressing. In order to ensure timely emergency response, addresses shall be assigned as part of the final subdivision plat. Land divisions that create new streets shall also have addresses assigned whenever possible. Minor subdivisions (CSMs) that create new streets shall also have an address range determined. The subdivider shall contact the agency responsible for assigning addresses in the Village to determine the address for each proposed lot.
E. 
Development agreement. As a condition of approval of a final plat, the subdivider shall enter into a development agreement per § 265-9B. This agreement shall provide for time limits and security for performance and penalties for noncompliance. The agreement will not create or invoke special treatment for the developer, nor imply or create promises of approval.
F. 
Final plat. A final plat prepared by a land surveyor licensed in this state is required for all subdivisions. It shall comply in all respects with this chapter and the standards and specifications of § 236.20, Wis. Stats., and that section is hereby adopted by reference. Where the Village finds that it requires additional information or plat data relative to a particular problem presented by a proposed development to review the final plat, it shall have the authority to request such information from the subdivider.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Final plat submittal procedure.
(1) 
The subdivider shall prepare a final plat in accordance with this chapter and applicable state statutes and administrative codes, for transmittal to the Village and appropriate state and county agencies, within 36 months of preliminary plat approval, unless the Village Plan Commission waives this requirement in writing. The final plat shall be accompanied by detailed construction plans of all improvements and a development agreement as discussed in § 265-9B of this chapter. If the final plat is not submitted within 12 months of the Village of Denmark approval of the preliminary plat, the Village may refuse to approve the final plat or may require resubmission as a preliminary plat. The final plat may constitute only that portion of the approved preliminary plat which the subdivider proposes to record at that time.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Twelve copies of the final plat, along with any required fees, plans, and specifications as required by the Village, shall be presented to the Village Clerk at least 14 working days prior to the Plan Commission meeting at which it is to be considered. In total, the subdivider shall submit 12 copies of the plat to include four copies of the plat 22 inches by 30 inches and eight copies of the plat 11 inches by 17 inches.
(3) 
Any proposed restrictive covenants for the land involved shall also be submitted. This data will be used for informational purposes only.
(4) 
The final plat and shall be accepted or rejected by the Plan Commission and the Village Board within 60 days of its submission, unless the time is extended by an agreement with the subdivider. If the plat is rejected, the reasons shall be submitted in written form to the agencies having objecting authority and the subdivider.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Failure of the Village to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved, and, upon demand, a certificate to that effect shall be made on the face of the plat by the authority which has failed to act.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Approved final plats shall be recorded with the Brown County Register of Deeds in accordance with requirements of § 236.25, Wis. Stats., before lots may be sold.
(7) 
No building permits may be issued by the Village until all improvements specified in the development agreement have been fulfilled or otherwise agreed to.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Certified survey map.
(1) 
Prior to the submittal of a preliminary plat, the subdivider may contact the Village Clerk to meet with the appropriate Village staff to discuss the proposed plat. The meeting is intended to identify potential problems and methods to alleviate them and to encourage a cooperative effort between the developer and the Village and all affected utilities for assistance and advice regarding site suitability and general requirements.
(2) 
A certified survey map prepared by a land surveyor licensed in Wisconsin is required for all land divisions less than 40 acres in size that do not meet the definition of a subdivision.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The certified survey map shall comply in all respects with this chapter and the standards and specifications of §§ 236.20(3)(a), (b), (d) and (e) and (4)(a), (b) and (c), 236.21(1), and 236.34, Wis. Stats., and those sections are hereby adopted by reference.
(4) 
The certified survey map shall comply with the design standards set forth in § 265-11 and the land suitability of § 265-7 of this chapter. All lot, parcel, or building site calculations are to exclude any dedications, right-of-way easements, or reservations.
I. 
Certified survey map submittal procedures.
(1) 
The certified survey map, with 12 copies, along with any required fees, plans and specifications as required by the Village, shall be submitted to the Village Clerk by the subdivider or his/her agent a minimum of 10 working days prior to the regularly scheduled Plan Commission meeting at which it is to be considered. It shall include on its face in addition to the information required by § 236.34, Wis. Stats., the following:
(a) 
Name of the owner.
(b) 
Date of survey.
(c) 
Graphic scale and North arrow.
(d) 
All existing buildings and other developed features on the parcel.
(e) 
Locations, widths of rights-of-way and easements, and names of adjoining streets, highways, railroads, utilities, parks, cemeteries, and subdivisions.
(f) 
Any applicable use or access restrictions and covenants.
(g) 
All floodplains, wetlands, navigable ponds, streams, lakes, flowages, wetlands, environmentally sensitive areas or erosion hazard areas.
(h) 
Distances and bearings referenced to a line and a corner of the Brown County Coordinate System.
(i) 
Owner's and mortgagee's certification of dedication of streets and other public areas prepared in accordance with §§ 236.21(2) and 236.34(1m)(e), Wis. Stats.
(j) 
Where the Village finds that it requires additional information relative to a particular problem presented by a proposed development to review the certified survey map, it shall have the authority to request such information from the subdivider.
(2) 
The subdivider shall indicate in writing to the Village the current and proposed use and zoning of the lots.
(3) 
The Village shall, within 90 calendar days from the date of filing of the map (unless the time is extended by agreement with the subdivider), approve, approve conditionally, or reject the certified survey map based on a determination of conformance with the provisions of this chapter, the Village of Denmark Comprehensive Plan, and any other applicable local or state codes and statutes. If the map is rejected, the reasons shall be stated in written form and submitted to the subdivider or his agent. If the map is approved, the Village shall so certify on the face of the original map and return the map to the subdivider or his agent.
A. 
Purpose and intent. The purposes of this section are to encourage and promote flexibility, ingenuity, and efficiency in the land development process, to allow maximum utilization of land, and to provide for variety and compatibility among housing types, nonresidential uses, and the natural environment. Projects proposed under this section are to be planned and designed as a unit, be compatible with the local environment and neighboring properties and uses, and shall not conflict with other laws or the overall public interest. Developments included under this section include, but are not limited to, conservation by design developments, condominium developments, traditional neighborhood design developments, and mixed-use developments. A planned unit development shall be considered a subdivision of land, and the submittal, conceptual plan requirements, and approval shall follow the process identified in § 265-12 of this chapter.
(1) 
Objectives include:
(a) 
To encourage developers to use creative and imaginative approaches in the design and overall land development process;
(b) 
To promote a land development process that enhances energy efficiency and is sensitive to the demands and economics of the local real estate market;
(c) 
To encourage the integration of compatible residential and nonresidential uses rather than their segregation;
(d) 
To encourage the provision of recreational facilities, open space, and buffer yards in conjunction with residential and nonresidential development;
(e) 
To provide an enjoyable living environment by preserving existing topography, stands of trees, surface waters, floodplains, wetlands, and similar natural assets and landforms;
(f) 
To encourage a variety of living environments and a pleasing blend of housing types;
(g) 
To encourage a uniqueness in architectural design; and
(h) 
To promote greater efficiency in providing public and utility services.
(2) 
Development shall be planned, reviewed, and carried out in conformance with all municipal, state, and other laws and regulations. However, in interpreting and applying the provisions of this section, it shall take precedence and be controlling when there is conflict between it and any other sections of this chapter.
B. 
Submittal requirements. Submittal and conceptual plan requirements shall follow the same procedures as required for conventional subdivisions (§ 265-12), and the following information shall be provided:
(1) 
A written statement of intent containing the major planning assumptions and objectives of the proposed development and its concept and the benefits that will accrue from it to the community at large, as well as to its residents;
(2) 
All contemplated land uses within the tract on the sketch or preliminary plan;
(3) 
Gross densities in each use;
(4) 
Proposed location of all principal and anticipated accessory structures and associated parking areas;
(5) 
Proposed circulation systems (pedestrian, bicycle, auto) by type, and how systems correlate with existing networks outside of site;
(6) 
A separate document shall be recorded in the Brown County Register of Deeds office that details all perpetual easements for utilities, ingress/egress to each lot, continuous vehicular circulation, parking easements, stormwater management, municipal access to stormwater facilities, maintenance agreements, emergency vehicle access easements, and any other easements deemed necessary by the Village, to which the subdivider, the Village, and their assigns will be signatories;
(7) 
The title of the proposed development with the accompanying subtitle "A Planned Unit Development"; and
(8) 
Any other plans and supporting information deemed necessary by the Village.
C. 
Design.
(1) 
The developer, in the design of a cluster, condominium, or other planned unit development, shall give consideration to the reservation of suitable sites of adequate area for future school, park/playground, and other public uses. If such areas are designated on a local comprehensive plan or official map prepared under § 62.23, Wis. Stats., they shall be made part of the development.
(2) 
Environmentally sensitive areas, or land with unsafe or hazardous conditions such as open quarries, unconsolidated fill, floodways, or steep slopes, shall not be developed unless the development provides for adequate safeguards which are approved by the Village.
(3) 
The site shall be planned to provide for adequate landscaping, pedestrian movement between dwelling units, common open space, and parking areas. Prior to approval of the final plat or development plan, a written agreement must be executed between the subdivider and the Village which sets forth exactly what improvements are going to be installed. The subdivider shall present plans and specifications for improvements to the Village. In addition, the financial guarantees as set forth in § 265-9A of this chapter shall apply hereunder. Proposed cluster, condominium, or other planned unit developments shall be developed as a unit.
A. 
Where the Plan Commission finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, it may recommend to the Village Board variances or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variance or exception shall not have the effect of nullifying the intent and purpose of this chapter. The Plan Commission shall not recommend 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 based upon the following conditions:[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 will not in any manner vary the provisions of other Village ordinances or the Official Map.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The Village Board shall not approve variances to the regulations of this chapter unless it makes findings based upon the evidence presented to it in each specific case based upon conditions identified in § 265-14A.
C. 
Any modification or variance granted shall be entered in the minutes of the Village Board, setting forth the reasons which, in the opinion of Board, justify the variance.
D. 
In approving variances, the Village Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
E. 
A petition for any such variance shall be submitted in writing to the Village Building Inspector, by the subdivider, at the time when the preliminary plat or certified survey map is filed for consideration of the Plan Commission. The petition shall state fully the grounds for the application and the facts relied upon by the petitioner.
A. 
The Village of Denmark Zoning Administrator shall have primary responsibility for enforcing this chapter. No building permit shall be issued for construction on any lot until the final plat for the subdivision has been duly recorded, or a certified survey map is recorded, and all conditions of approval are met.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $25 nor more than $2,500 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. In addition, the remedies provided by §§ 236.30, 236.31, 236.32, and 236.335, Wis. Stats., shall be available to the Village.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
When a subdivision is created in violation of this chapter, the Village may order an Assessor's plat to be made under § 70.27, Wis. Stats., at the expense of the subdivider or his/her agent.