[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
In order to promote the public health, safety and general welfare,
to further the orderly layout and use of land within the City of South
Milwaukee, Wisconsin, and to accomplish the purposes stated in § 236.45(1),
Wis. Stats., it shall be the purpose of this ordinance to regulate
and control the subdivision of land within the corporate limits of
the City of South Milwaukee. The provisions contained in Chapter 236
of the Wisconsin Statutes governing the subdivision and platting of
lands and such other state laws as may apply and any revisions or
amendments thereof enacted by the State Legislature are all made a
part hereof with the same force and effect as if herein set forth
in full, except that where the provisions of this ordinance are more
restrictive, the provisions of this ordinance shall apply.
A.
As used in this chapter, the term "subdivision" shall mean a division
of a lot, parcel or tract of land by the owner thereof or his agent
for the purpose of sale or of building development where:
B.
Any division of land which shall result in a subdivision, as herein
defined, must first be surveyed and plats thereof submitted, approved
and recorded in the manner and subject to the conditions provided
in this chapter.
C.
Any division of land other than a subdivision for which a plat has
not been approved and recorded shall be surveyed and a certified survey
map of such division approved and recorded in the manner provided
in this chapter. No building permit shall be granted for any such
parcel of land until this requirement has been met.
D.
No building permit shall be granted for any unplatted parcel of land
in the City. A certified survey map shall be required for any parcel
of land that has not been previously subdivided, and a certified survey
map shall also be required for the redivision of lands even though
previously subdivided.
[Added 11-16-1971 by Ord.
No. 928]
A.
Any owner or his agent proposing to create a subdivision as hereinbefore
defined shall first submit eight prints of a preliminary plat along
with a written application for approval to the Common Council of the
City of South Milwaukee.
B.
A preliminary plat shall be drawn on transparent paper or cloth or
other material from which blueprint copies can be made.
C.
The scale of the preliminary plat is optional but shall not be smaller
than 100 feet to one inch.
D.
The preliminary plat shall show:
(1)
The location of then existing property lines, streets, buildings,
water courses, railroads, utilities and other similar features within
the tract being subdivided.
(2)
The names, locations, widths and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations, lot
lines, building lines and utilities within the tract being subdivided.
(3)
The approximate location in the adjoining streets or property of
any existing sewers and water mains, culverts and drain pipes, electric
conduits or lines proposed to be used on the property to be subdivided.
(4)
The title under which the proposed subdivision is to be recorded
with the names and addresses of the owner and the technical author
of the plan.
(5)
The names of subdivisions immediately adjacent; also the location
and names of adjacent streets and other public spaces on immediately
adjoining properties.
(6)
All parcels of land proposed to be dedicated to public use and the
conditions of such dedication if any.
(7)
Contours at vertical intervals of not more than five feet where the
slope is greater than 10% and not more than two feet where the slope
is less than 10%. Elevations shall be marked on such contours based
on the City of South Milwaukee datum. In addition to the existing
contours, proposed grading contours shall be shown for approval along
with proposed lot corner and building grades.
(8)
Date, north point, and scale.
(9)
Profiles showing existing ground surface and proposed street grades
including extensions for a reasonable distance beyond the limits of
the proposed subdivision; typical cross-sections of the proposed grading,
roadway and sidewalk. All elevations shall be based on the City of
South Milwaukee datum.
E.
After approval of the preliminary plat by the City Plan Commission,
it shall be submitted to the Common Council along with a statement
of the conditions upon which the approval was based. At this time,
the City Plan Commission shall also make recommendations to the Council
as to what site improvements if any should be made prior to the approval
of the final plat. The preliminary plat, along with the recommendations,
shall be considered by the Council at its next regular meeting. If
approved, the Council shall by resolution indicate its approval of
the preliminary plat with any conditions upon which the approval is
based and shall specify what improvements will be required before
acceptance of the final plat. A certified copy of this resolution
along with a copy of the preliminary plat shall be sent to the person
or persons submitting the plat.
A.
Submission. Within six months after the final approval of the preliminary
plat, there shall be submitted for approval to the Common Council
eight copies of the final plat drawn in conformity with the regulations
contained in Ch. 236, Wis. Stats., governing the platting of lands,
recording and vacating plats.
B.
Filing. After having had necessary approvals, two copies as recorded
in the Office of the Register of Deeds shall be filed in the Office
of the City Engineer. The scale and size of these file copies shall
be the same as the original plat drawing.
A.
The provisions of § 236.34, Wis. Stats., relative to the
use of certified survey maps are hereby adopted and made a part hereof
by reference as though the same were fully set forth herein. Such
provisions shall be subject to the additional requirement that the
procedure therein provided may be used for divisions of land in the
City of South Milwaukee only with approval of the Common Council and
submission of the City Plan Commission.
B.
The resolution of the Common Council approving such map shall appear
on the face thereof.
C.
Four copies of the certified survey map shall be submitted together
with a request for approval of the Common Council. Following such
approval and after having been recorded in the Office of the Register
of Deeds, two copies shall be filed with the City Engineer.
D.
The map shall comply with all provisions of this chapter except that
the Common Council may in its discretion determine that any such provisions
are impracticable and not in the public interest in a particular case.
A.
Referral to the master subdivision plan. The City Plan Commission shall refer to the Official Map or Master Subdivision Plan as established by Chapter 13 of the South Milwaukee Code when considering preliminary plats submitted for approval. The City Plan Commission will compare the proposed layout of blocks and orientation, length and widths of streets and such other features as may be incorporated in the plan with those shown on the Master Subdivision Plan. Wherever necessary and advisable, the City Plan Commission may authorize duly held public hearings to permit a variance from the exact design as shown on the Official Map or Master Subdivision Plan.
B.
Variance from written requirements.
(1)
Master subdivision plan to govern. Wherever the street, block or
other design features shown on the Master Subdivision Plan are at
variance with the written requirements of this chapter, the Master
Subdivision Plan shall govern.
(2)
Variance. Wherever a strict compliance with the requirements contained in this chapter would work an unnecessary hardship on an owner of lands to be subdivided, the City plan Commission may authorize duly held public hearings to permit a variance from the exact design as shown on the Official Map, provided the granting of same does not detrimentally affect the public interests, or the spirit and intent of this chapter or of Chapter 13.
C.
Access to streets. There shall be no reserve stripe controlling access
to streets except where the control of such stripe is definitely placed
in the City under conditions approved by the City Plan Commission.
The subdividing of the land shall be such as to provide each lot,
by means of a public street or way, with satisfactory access to an
existing public highway or to a thoroughfare as shown on the Master
Subdivision Plan.
D.
Street and block layouts.
(1)
Street and block layouts shall conform to those shown on the Master
Subdivision Plan, and as far as practicable, all proposed streets
shall be continuous and in alignment with existing, planned or platted
streets with which they are to connect.
(2)
Proposed streets shall be extended to the boundary lines of the tract
to be subdivided unless prevented by topography or other physical
conditions or unless, in the opinion of the City Plan Commission,
such extension is not necessary or desirable for the coordination
of the layout of the subdivision, or for the most advantageous development
of adjacent tracts.
(3)
Streets shall be adjusted to the topography wherever practicable.
(4)
Streets shall intersect each other as nearly at right angles as topography
and other limiting factors of good design permit.
(5)
Number of streets converging at one intersection shall be reduced
to the minimum possible.
(6)
Alleys shall be provided in all business sections and parallel to
major streets in blocks platted along major streets but will not be
approved in residential areas unless in the rear of lots fronting
on major thoroughfares or unless required by topography or other exceptional
circumstances.
(7)
Community layouts are to be comprehensively designed to provide adequately
for through and local traffic requirements; for the adequate circulation
of pedestrians; and for a system of service drives which serve only
as a means of access to the lots abutting thereon. Such community
layouts shall be subject in all details to the approval of the City
Plan Commission.
(8)
Wherever the proposed subdivision contains or is adjacent to a railroad
right-of-way, provision shall be made on each side of such right-of-way
for streets approximately parallel to and at a distance suitable for
appropriate use of the land between such streets and the railroads
but not less than 150 feet. Such distance, where desirable and practicable,
shall be determined with due consideration of the minimum distance
required for the future separation of grades by means of appropriate
gradients.
(9)
Blocks shall have sufficient width to provide for two tiers of lots
of appropriate depths.
(10)
A crosswalk or pedestrian way not less than 10 feet wide shall
be provided near the center and entirely across any block 900 feet
or more in length.
(11)
The number of intersecting streets along major streets should
be held to a minimum. Whenever practicable, blocks along major streets
should not be less than 1,000 feet in length.
E.
Minimum right-of-way widths of streets, alleys and easements for
utilities. On all new plats minimum right-of-way widths of streets,
alleys and easements shall be as follows:
(1)
Main thoroughfares shall be of the width specified on the Official
Map and in any case not less than 80 feet.
(2)
Boulevards and parkways not less than 100 feet.
(3)
Secondary thoroughfares: 66 feet.
(4)
Minor streets not over 600 feet in length: 50 feet.
(5)
Local service streets and dead-end streets: 50 feet. All dead-end
streets shall terminate in a circular turnaround having a minimum
right-of-way diameter of 100 feet.
(6)
Alleys: 20 feet.
(7)
Where alleys of less than 20 feet are provided, the commission may
require easements not exceeding 10 feet on each side of all rear lot
lines and on the side lot lines where necessary, or in the opinion
of the commission, advisable for poles, wires, conduits, storm and
sanitary sewers, gas, water and heat mains, or other utility lines.
Easements of the same or greater width may be required along the lines
of or across lots where necessary for the extension of the existing
or planned utilities. If, in the opinion of the commission, the most
suitable and reasonable locations for any of the utilities such as
sewers, storm drains, water and gas pipes and electric pole lines
and conduits, which are likely to be required within a subdivision,
either for the service thereof or for service of areas in the surrounding
territory, do not lie wholly within the streets, including alleys
if any, shown upon the plat, the commission may require insofar as
reasonable, provision to be made for the location of such utilities
on routes elsewhere than within said streets on the plat or by the
filing of supplementary instruments which will adequately protect
the public interest in the proper location of said utilities.
(8)
In the case of parkways influenced by topographical features such
as streams or lakes, ravines or hills or other such natural features,
the width and location shall be determined by such feature, and dedication
for such parkway shall be made on the plat.
F.
Minimum roadway widths.
(1)
Main thoroughfares: 40 feet.
(2)
Secondary residential thoroughfares: 36 feet.
(3)
Boulevards: two roadways with a minimum width of 28 feet each.
(4)
Minor streets: one twenty-six-foot roadway.
(5)
Dead-end streets and local service streets: 26 feet. The pavement
of a turning circle at the end of a dead-end street shall have a minimum
outside diameter of 70 feet.
(6)
Alleys where required: 20 feet.
G.
Streets, grades, curves and sight distances.
(1)
Grades.
(a)
The grade of no street shall exceed 10% unless necessitated
by exceptional topography. In all other cases, maximum grades shall
not exceed the following:
(b)
All changes in the street grades shall be connected with vertical
curbs of a minimum length equivalent in feet to 30 times the algebraic
difference in the rate of grade for main thoroughfares, boulevards,
parkways and secondary thoroughfares, and 1/2 of this minimum for
all other streets.
H.
Lots.
(1)
The size, shape and orientation of lots shall be appropriate for
the location of the proposed subdivision and for the type of development
contemplated.
(2)
Every lot shall front or abut on a public street.
(3)
Lots for residence purposes shall have an area of not less than 7,200
square feet and shall be at least 60 feet wide on the building line.
(4)
Side lot lines shall be at right angles to straight street lines
or radical to curved street lines on which the lots face.
(5)
Corner lots shall be platted at a width sufficient to maintain setbacks
on both streets.
(6)
In case a tract is subdivided into parcels containing one or more
acres, such parcels shall be so arranged as to allow the re-subdivision
of any such parcels into normal lots in accordance with the provisions
of these subdivision rules.
(7)
Lots shall follow municipal boundary lines wherever practicable rather
than cross them.
(8)
All lots shall be of such shape and area as to be especially suitable
for the purposes for which they are intended to be used.
A.
Improvements required. Before final approval of the plat or of the
certified survey map, the subdivider or person(s) submitting the certified
survey map shall make provision for the installation of street and
utility improvements for the platted areas, or the areas contained
in the certified survey map, and for any public right-of-way areas
abutting the platted areas or abutting the areas of the certified
survey map. Such improvements shall be as follows:
[Amended 3-20-1973 by Ord. No. 958]
(1)
Water mains. As directed by the City Engineer to conform with master
layout plans.
(2)
Sanitary sewers. As directed by the City Engineer to conform with
master layout plans.
(3)
Storm sewers. The subdivider shall be required to deposit with the
City, for the purpose of storm sewer construction, an amount established
by resolution of the Common Council.
[Amended 4-5-2000 by Ord.
No. 1764]
(4)
House laterals. All lots having sewer and water access shall have
laterals installed to the property line immediately following the
main installations or at least one year prior to any street paving.
A record showing the actual location of the terminus of said laterals
as referenced to a lot corner shall be furnished on a copy of the
plat of the subdivision and filed with the City Engineer.
(5)
Street grading. Before any improvements are begun in the subdivision,
the subdivider shall cause all streets to be rough graded to grades
approved by the City Engineer. After all street underground utilities
are installed, the streets shall have final grading performed to prepare
said street for surface improvements. Any sub-base and base preparation
deemed necessary by the City Engineer to provide a suitable roadbed
shall be performed before final surfacing will be authorized.
(6)
Street paving. Street paving, which shall also include curb and gutter
in all streets of the subdivision, shall be completed after the elapse
of one winter - spring and shall consist by one of the following as
directed by the Common Council and shall conform to specifications
on file in the Office of the City Engineer:
[Amended 10-21-1986 by Ord. No. 1338]
(7)
Alley paving. Paving with concrete in conformance with standard specifications
shall be completed as soon as authorized by the City Engineer.
(8)
Lot grading.
(a)
Before approval of the final plat or following a written agreement
entered into between the subdivider and the City of South Milwaukee,
which provides that before any permit for building construction shall
be issued, the lots within the subdivision shall be improved and graded
in accordance with an approved grading plan. The approved grading
plan shall establish finished yard grades at the building, finished
grades along all property boundaries, finished grades along all swales
and drainage courses not located on property boundaries, the type
and estimated bearing capacity of the parent soil, and a determination
of the suitability of the soil to support construction of buildings
which are permitted on the site. Lots within the subdivision shall
be graded in accordance with the approved grading plan including the
removal of unstable soils and replacement of suitable material in
a manner to provide for sufficient bearing capacity to support structures
to be placed on the site except as may otherwise be provided for in
this section.
(b)
Excavated material from basements or other foundations may be
used for fill to achieve final grade on the lot. Where fill which
is excavated from basements or other foundations is used, rough grading
of lots must be accomplished before construction begins. Final grading
must be completed when basement fill becomes available. No occupancy
permit shall be granted until final grading is completed. If the subdivider
proposes alternate methods for foundation construction so as not to
be required to remove and replace unstable low bearing capacity soils,
he shall submit detailed foundation construction plans which have
been prepared by a Registered Professional Engineer or Architect in
the State of Wisconsin. Such alternate method shall be subject to
approval by the City Engineer and Building Inspector.
[Amended 7-15-1975 by Ord. No. 1014; 12-15-1998 by Ord. No. 1721]
(9)
Sidewalks. Sidewalks shall be installed on all frontages abutting
public streets and in pedestrian walks.
(10)
Street trees. Trees of a type, size and spacing as directed
by the Plan Commission shall be planted on both sides of all streets
within the subdivision. Good tree planting practices shall be employed
in setting and caring for all trees.
(11)
Surveying. After completion of final lot grading, all lot and
block corners shall be monumented permanently in the manner shown
on the final plat.
(12)
Electric power, street lighting and telephone service installations.
All electric power, street lighting and telephone lines shall be installed
underground in easements provided therefore where deemed feasible
by the City Plan Commission.
[Amended 4-25-1968 by Ord. No. 847]
(13)
Underground wiring - street lighting. The subdivider shall be
required to deposit with the City a sum of money to be determined
by the City Engineer for the purpose of paying the charges of the
Wisconsin Electric Power Co. for the installation of underground wiring
for street lighting. The City Engineer shall have the authority to
waive this charge if the subdivision is not in an area where installation
of underground wiring is contemplated.
[Added 5-16-1972 by Ord.
No. 941]
B.
Work to be done by the City. The following work in new subdivisions
is to be done only by City contract. Plans, specifications and contracts
will be prepared by the City in addition to surveying and inspection
of the work. The subdivider shall provide the necessary preliminary
information such as street profiles, elevations of existing sewers
and manholes and other such information necessary to prepare plans.
A.
Prior to final approval of a subdivision plat or certified survey map by the Common Council, a suitable surety bond, certified check, cash deposit or other satisfactory security guaranteeing the performance of the work required to be done by the subdivider under the provisions of § 14.07C, together with sufficient cash or an irrevocable letter of credit which shall be guaranteed by a bank and which shall be approved by the City Attorney to cover the estimated cost of all improvements required by § 14.07B must be filed by the City Clerk. The amount to be so required shall be determined by the City Engineer.
[Amended 4-7-1971 by Ord.
No. 916]
B.
The actual cost of all improvements required by § 14.07B shall be paid by the subdivider including an additional charge for sewers as provided in § 14.07A(3) shall be the only charge for such improvement. The engineering and administrative fees shall be as follows:
[Amended 10-7-1969 by Ord. No. 881]
C.
The subdivider will be advised monthly of the cost of completed work
and such amount will then be withdrawn from his cash deposit and transferred
to the proper City fund for payment to the contractor. If the cost
of the work exceeds the amount of the deposit, the subdivider will
be required to deposit such excess amount within 10 days after notification
thereof and his failure to do so will constitute a violation of this
ordinance. Any excess deposit remaining after final payment for all
improvements will be refunded to the subdivider on approval of the
Common Council.
D.
When the platting of lands involves only a portion of the full width
of a street right-of-way, a short length of street, or some other
condition in which the full improvement of such street is not practical
at the time of platting, the Council may elect by resolution to either:
E.
When street improvements other than storm sewers are to be installed
and will serve abutting property which is not within the subdivision,
the subdivider may petition for the installation of such improvements
by the City in the next succeeding Public Works Program. If the Common
Council approves of such procedure, the cost of installation of such
improvements will be assessed by the City against all the property
benefitting thereby. As a condition of such approval, the subdivider
must pay the assessments against his property out of his security
deposit at the time the assessment is levied and may not elect to
pay the same in installments.
A.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be assessed a forfeiture of
not less than $25 nor more than $200 and the costs of prosecution
for each offense, and in case of default in the payment of such forfeiture
and costs, shall be confined in the House of Correction for a period
not to exceed 60 days.
B.
Each day that any such violation exists shall be considered a separate
and distinct offense.
