[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.]
This chapter is adopted under the authority granted by Ch. 236,
Wis. Stats., and amendments thereto.
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]
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.
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.
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.
A.
ACT or ACTION
ALLEY
AREA DEVELOPMENT PLAN
ARTERIAL STREET
ASSOCIATION
BIKEWAY
(1)
(2)
(3)
BLOCK
BUILDABLE AREA
BUILDING
BUILDING SETBACK LINE
CERTIFIED SURVEY MAP
CHANNEL
CLOSED DRAINAGE BASIN
COLLECTOR STREET
COMMISSION
COMPREHENSIVE PLAN
CONDITIONAL APPROVAL
CONDOMINIUM DEVELOPMENT
CONSERVATION EASEMENT
CONTIGUOUS
CORNER LOT
CROSSWALK
CUL-DE-SAC
DAYS
DEAD-END STREET
DETENTION POND
DEVELOPMENT
DEVELOPMENT AGREEMENT
DIVISION OF LAND
DOUBLE FRONTAGE LOT
DRAINAGE EASEMENT
EASEMENT
ENVIRONMENTALLY SENSITIVE AREAS (ESAs)
EROSION
EROSION HAZARD AREAS
EXISTING PARCEL
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
FINAL PLAT
FLOOD
FLOOD-FRINGE
FLOODPLAIN
FLOODWAY
FRONTAGE
FRONTAGE STREET
GOVERNING BODY
GRADIENT
GRADING PLAN
GREENWAY
GROSS SITE AREA
HIGH WATER ELEVATION
IMPROVEMENT, PUBLIC
IRREVOCABLE LETTER OF CREDIT
LAND DIVISION
LAND DIVISION DOCUMENT
LOCAL STREET
LOCAL UNIT
LOT
LOT AREA
LOT LINES
LOT WIDTH
MAJOR THOROUGHFARE
MEAN SEA LEVEL DATUM
MINOR SUBDIVISION
MIXED USE
MUNICIPALITY
OFFICIAL MAP
OUTLOT
(1)
(2)
(3)
PARCEL
PARKWAY
PEDESTRIAN PATHWAY
PERFORMANCE BOND
PLAN COMMISSION
PLANNED UNIT DEVELOPMENT
PLAT
PRE-APPLICATION
PRELIMINARY PLAT
PUBLIC UTILITY
REPLAT and RESUBDIVISION
RESTRICTIVE COVENANTS
RETENTION POND
REVERSED CORNER LOT
REVIEWING AGENCY
RIGHT-OF-WAY
ROADWAY
SEWER SERVICE AREA
SIDEWALK
STORMWATER
STORMWATER MANAGEMENT FACILITIES
STREET
STREET, HALF
STRUCTURE
SUBDIVIDER
SUBDIVISION
SURVEYOR
TAX PARCEL
TAX PARCEL NUMBER
THOROUGHFARE
UNBUILDABLE AREA
UNDEVELOPED LAND
UNIT, CONDOMINIUM
URBAN CROSS SECTION STREET
UTILITY EASEMENT
VARIANCE
VILLAGE
VILLAGE BOARD
WATERWAYS
WETLANDS
ZONING CODE
The following terms, whenever they occur in this chapter, are defined
as follows:
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.
A public or private right-of-way that provides secondary
access to abutting properties.
A map approved by the Village Board that shows future streets
on properties in the vicinity of a proposed land division.
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]
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]
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.
BIKE PATHA bike route completely apart from a street and restricted to bicycles unless designated otherwise.
BIKE LANEA designated lane of a street restricted to bicycle usage and separated from motor vehicles by a painted line, raised divider, or curb.
MIXED TRAFFIC ROUTEA route designated by signs along streets used by motor vehicles and bicycles.
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.
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.
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.
The distance from the boundaries of a lot within which building(s)
shall not be erected.[3]
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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.
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.
A drainage basin that during periods of normal rainfall has
no surface outlet.
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.
The Plan Commission created by the Village Board pursuant
to § 62.23, Wis. Stats.
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.
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.
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.
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.
Next to, abutting, or touching and having a portion that
is coterminous.
A lot located at the intersection of two or more streets.
A public right-of-way traversing a block or street for the
purpose of providing pedestrian access.
A short minor street having one end open to motor traffic
and the other end terminated by a vehicular turnaround.
Shall refer to calendar days, unless specifically indicated
otherwise.
A street having only one outlet for vehicular traffic and
no vehicular turnaround.
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.
The act of constructing buildings or installing site improvements,
such as grading, clearing, ditching, installing utilities, or any
other activities prior to construction.
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]
The division of a lot or parcel of land into two or more
parcels.
A lot, other than a corner lot, which has frontage on two
or more streets.
A strip of land reserved to accommodate the free flow of
stormwater or to provide for storm sewers.
A grant by a property owner of the use of designated land
by another for a specified purpose.
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.
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.
Those areas of the landscape in which human activities and
development can accelerate erosion due to soils subject to severe
erosion.
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.
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.
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.
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.
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.
The land that has been or may be hereafter covered by floodwater,
including but not limited to the regional flood.
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.
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.
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.
The Village of Denmark Village Board.
The slope of land, road, street, or other public way specified
in percent.
A drawing of a proposed area with plans and specifications
for grading.
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.
The total area within the boundaries of a tract to be subdivided,
not including public rights-of-way already established.
The recorded average of all the high water elevations during
the period of record for a flowage or other body of water.
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.
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]
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.
Includes a preliminary, final, or recorded subdivision plat
and certified survey maps.
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.
Includes municipalities such as the Village, Brown County,
cities, or towns.
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.
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.
The peripheral boundaries of a lot as defined herein.
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.
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.
Sea level datum, a 1929 adjustment, as established by the
U.S. Coast Guard and U.S. Geodetic Survey.
The division of land by the owner or owner's agent resulting
in the creation of not more than four parcels within five years.
The strategic placement of commercial, civic, multifamily,
and open space uses within residential land use areas.
All units with local self-government.
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.
A parcel of land so designated on a plat or certified survey
map and which is any of the following:
A parcel of land left over at the time of platting and which
is intended to be divided further in the future.
A platted parcel which does not meet the requirements of a lot
at the time of platting.
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.
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.
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.
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.
A bond guaranteeing performance of a contract or obligation
through possible forfeiture of bond if said contract or obligation
is unfulfilled by the subdivider.
An officially constituted Village of Denmark body under § 62.23,
Wis. Stats., whose duties include administration of Village subdivision
regulations.
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.
A map of a subdivision.
A required meeting with the Village of Denmark staff to review
a concept subdivision plan and provide input into the next steps or
issues.
A map delineating the features of a proposed subdivision
as described herein, submitted to the Village for preliminary consideration
prior to the final plat.
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.
The process of changing the plat map, which changes the boundaries
of a recorded plat or a part thereof.
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.
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.
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.
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An agency which is entitled to review and make recommendations
concerning a subdivision prior to the Board action.
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.
A surfaced curb to curb or paved portion of a street available
for vehicular traffic movement and parking.
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.
That portion of a street or crosswalk, paved or otherwise
surfaced, intended for pedestrian use only.[6]
The flow of surface water that results from precipitation.
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.
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.
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.
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.
Any person, firm, partnership, corporation, association,
estate, trust or other legal entity requesting review or action on
a subdivision, minor subdivision, or condominium.
Any division of a lot by the owner thereof, or his/her agent,
for the purpose of sale, lease, or building development where:
Any land surveyor duly licensed in the State of Wisconsin.[7]
An existing tract of land as defined by the governing jurisdictional
body for the purpose of assessment and taxation.
An identification number assigned to real estate in Brown
County for taxation purposes.
A street with a high degree of continuity, including collectors,
major arterials, limited access highways, and freeways.
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.
Land in parcels or tracts sufficiently large for future subdivision
which is presently in agriculture, woodland, or other nonintensive
use.
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.
A street that provides access to lots served by public sewer
and water and contains a curb and/or gutter.
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.
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.
The Village of Denmark, Brown County, Wisconsin.
The Village of Denmark Village Board.
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.
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.
Chapter 315, Zoning, of the Code of the Village of Denmark.
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]
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)
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]
(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.
(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]
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.
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.
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]
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.
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]
(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.
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:
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.
(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
| ||
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]
K.
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.
N.
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]
(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]
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.
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.
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:
(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]
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]
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]
(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)
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)
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.
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.
(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.
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.
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]
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]
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.
