[HISTORY: Adopted by the Town Board of the Town of Rome as
Ch. 17 of the prior Code; amended in its entirety 10-21-2010 by Ord. No. 10-15.
Subsequent amendments noted where applicable.]
A.Â
Multiple jurisdictions. All persons reviewing the provisions of this
chapter should be aware that the Town of Rome is only one of a number
of governmental bodies that may have jurisdiction over proposed land
divisions or development. The Town of Rome cannot make any representations
on behalf of any other governmental body. No land division may be
made unless all required approvals have been given.
B.Â
Binding acts. No statement or actions by any official, employee,
agent, chapter or committee of the Town of Rome should be construed
or taken as a binding act of the Town except as permitted by state
statute or a duly adopted Town ordinance.
C.Â
Compliance assurance. The Town of Rome expressly states that it has
no responsibility whatsoever for assuring that land and/or buildings
sold in the Town are in compliance with any ordinances, regulations,
or rules. The Town also assumes no responsibility for the suitability
of any property whose land division has been approved by the Town
Board.
The purpose of this chapter is to regulate and control the division
of land within the limits of the Town in order to promote the public
health, safety, morals, prosperity, aesthetics and general welfare
of the community; to lessen congestion in the streets and highways;
to further the orderly layout and appropriate use of land; to secure
safety from fire, panic and other dangers; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue concentration
of population; to facilitate adequate provision for transportation,
water, sewerage, schools, parks, playgrounds, and other public requirements;
to facilitate the division of larger tracts into smaller parcels of
land; to ensure adequate legal description and proper survey monumentation
of subdivided land; to provide for the administration and enforcement
of this chapter; and to provide penalties for its violation.
The regulations contained in this chapter are adopted pursuant
to the authority granted to Towns in § 236.45, Wis. Stats.,
as well as the general powers delegated to towns in Chapters 60 and
66, Wis. Stats.
A.Â
Jurisdiction of these regulations shall include any land division
within the limits of the Town of Rome. The provisions of this chapter
as they apply to division of tracts of land into less than five parcels,
shall not apply to:
(1)Â
Transfers of interest in land by will or pursuant to court order;
(2)Â
Leases for a term not to exceed 10 years, mortgages or easements;
(3)Â
The sale or exchange of parcels of land between owners of adjoining
property if additional buildable lots are not thereby created and
the lots resulting are not reduced below the minimum sizes required
by this chapter or other applicable laws or ordinances.
B.Â
Exemptions. The following divisions of land shall be exempt from
these land division requirements:
(1)Â
The public acquisition of land for the widening of existing streets
or for constructing other public works.
(2)Â
Any lot, parcel or tract of land located within the area governed
by these regulations which has been legally subdivided or resubdivided
by map or deed prior to the adoption of these regulations;
C.Â
Interpretation and conflict.
(1)Â
Higher standards. The Town of Rome may require higher standards than
established by this chapter if required for a specific site by reason
of topography, hydrology, parcel shape, infrastructure limitations
or compatibility with existing or planned uses on adjacent parcels.
D.Â
Condominiums. Pursuant to § 703.27, Wis. Stats., this chapter
shall be applicable to condominiums. It is hereby declared and determined
that each provision of this chapter reasonably relates to the nature
of all forms of ownership, including condominium ownership.
E.Â
Abrogation and greater restriction. It is not intended by this chapter
to repeal, abrogate, annul, impair, or interfere with any existing
easements, covenants, agreements, rules, regulations or permits previously
adopted or issued pursuant to laws. However, where this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
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 Town and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
The provisions of this chapter are severable. If any provision
of the chapter is invalid, or if its application to any person or
circumstance is invalid, such invalidity shall not affect other provisions
or applications which can be given effect without the invalid provision
or application. It is further provided that if any provision of this
chapter is contrary to a subdivider protection, as that term is used
in 2009 Wisconsin Act 376, set forth in Chapter 236, Wis. Stats.,
the protection afforded in Chapter 236 shall prevail.
No person, firm or corporation shall divide any land located
within the jurisdictional limits of this chapter which results in
a subdivision, certified survey map, or a replat as defined herein
unless permitted by the Town. No such division or replat shall be
entitled to record and no street shall be laid out or improvements
made to land without compliance with all requirements of this chapter,
and Provisions of Chapter 236, Wisconsin Statutes.
A.Â
Rules of the Wisconsin Department of Safety and Professional Services.
Regulating lot size and lot elevation if provisions for public sewer
service to the land to be subdivided have not been made.
B.Â
Rules of the agencies that are empowered to establish rules under
Wisconsin Statutes Chapter 236.
C.Â
Comprehensive and/or land use plans or components of such plans prepared
by the Town, county, state, regional or other agencies duly adopted
by the Town Board.
D.Â
All applicable local and county regulations, including zoning, sanitary,
building and Official Mapping ordinances.
A.Â
No land shall be divided if the Town Board determines that it will
materially interfere with existing uses or will conflict with other
goals and policies as set forth in the Town of Rome Comprehensive
Plan.
B.Â
No land shall be divided that is found by the Town Board to be unsuitable
as divided for the proposed use(s) for reasons of flooding, inadequate
drainage, soil and rock formations with severe limitations for development,
severe erosion potential, unfavorable topography, inadequate septic
or sewage disposal capabilities, or any other feature likely to be
harmful to the health, safety, or welfare of the residents of the
community.
C.Â
When applying the provisions of this chapter, the Town Board may
afford the land divider an opportunity to present evidence regarding
suitability of the proposed land division at a public hearing. At
this hearing, the Plan Commission shall recite the particular facts
upon which it bases its recommendation on the land's suitability for
the proposed use(s). These facts shall be recorded in the minutes
of that public hearing. The Town Board may affirm, modify, or override
the Plan Commission's recommendation.
A.Â
All land divisions.
(1)Â
Size. Lot size and dimensions shall comply with the minimum standards
of applicable land division and zoning ordinances, as well as the
provisions of SPS 385, Wisconsin Administrative Code, and Chapter
236, Wisconsin Statutes.
(2)Â
Access. Each parcel of land created must abut a public street by
at least 70 feet. Easements are prohibited as a means of provided
access to public streets for new parcels. This requirement shall not
apply to parcels that are created within parcels zoned PUD (Planned
Unit Development District).
[Amended 6-12-2015 by Ord. No. 2015-07]
(3)Â
Depth/width ratio. The depth of a lot shall not exceed four times
its width at its widest point.
(4)Â
Flag lots. The shape of lots shall be approximately square or rectangular,
with the exception of lots located on a curved street or a cul-de-sac
turnaround. Flag lots shall be prohibited, except where the Plan Commission
determines such lot design is necessary to accommodate geometric limitations,
exceptional topography, or preserve natural resources.
[Added 2-18-2021 by Ord.
No. 21-03]
B.Â
Conservation subdivisions: additional requirements.
(1)Â
Intent. In addition to § 326-9A(1) through (3), it is the intent of this section to permit the use of nontraditional residential subdivision design that would cluster the residential parcels and preserve open space and forest land by the use of restrictive covenants, deed restrictions and/or other binding criteria. In so doing, the overall density as required by zoning is maintained without sprawling the home sites over a large area.
(2)Â
Design standards.
(a)Â
The number of development lots permitted shall be determined
by preparing a yield plan on a preliminary plat showing a general
layout that would conform to lot area and dimensions for the zoning
district in which the development is proposed. This plan must show
wetlands, floodplains, hydric soils, slopes exceeding 25%, rock outcrops,
proposed and existing roads or any other natural or artificial feature
that would make that part of the site undevelopable. No more than
10% of these undevelopable areas shall be included in calculating
yield. When no natural or artificial features that would limit development
exist, the yield plan can be done mathematically.
(b)Â
The required minimum project area is 20 acres. The number of
lots in a conservation design subdivision may be increased above the
yield plan by one lot for each whole 20 acres in the proposed development.
(c)Â
Fifty percent or more of the developable land and all undevelopable
land area shall be designated as undivided permanent open space.
(d)Â
All the land which is not divided into development land shall
be designated as permanent open space, not to be further subdivided,
and protected through conservation easement held by the Town, by a
recognized land trust or conservancy, or shall be held in common by
equal shares by the owners of the development lots. All development
lots capable of being further divided shall be restricted from further
division by setting forth such restrictions in a recordable document
naming the Town as an interested party with standing to enforce such
restrictions.
(e)Â
Stormwater detention basins and other nonstructural uses may
be included as part of the minimum required open space.
(3)Â
Design and evaluation criteria.
(a)Â
In evaluating the layout of lots and open space, the following
criteria will be considered by the Community Development Department
and the Planning Commission as indicating design appropriate to the
site's natural, historic, and cultural features, and meeting the purposes
of this chapter. Diversity and originality in lot layout shall be
encouraged to achieve the best possible relationship between development
and conservation areas. Accordingly, the Plan Commission and Town
Board shall evaluate proposals to determine whether the proposed conceptual
preliminary plat:
[1]Â
Protects and preserves all floodplains, wetlands, and steep
slopes from clearing, grading, filling, or construction (except as
may be approved by the county and Town for essential infrastructure
or active or passive recreation amenities).
[2]Â
Preserves and maintains woodlands, meadows, significant wildlife
habitat and open areas and creates sufficient buffer areas to minimize
conflicts between residential and conflicting adjacent uses.
[3]Â
Where development must be located on open areas because of greater
constraints in all other parts of the site, considers locating dwellings
at the far edge of the open area, as seen from existing public roads.
Other considerations include whether the development will be visually
buffered from existing public roads, such as by a planting screen
consisting of a variety of indigenous native trees, shrubs, and wildflowers
(specifications for which should be based upon a close examination
of the distribution and frequency of those species found in a typical
nearby woodlot).
[4]Â
Maintains or creates an upland buffer of natural native species
vegetation of at least 100 feet in depth adjacent to wetlands and
surface waters, including creeks, streams, springs, lakes and ponds.
[5]Â
Is designed around existing hedgerows and tree lines between
open areas or meadows, and minimizes impacts on large woodlands (greater
than five acres), especially those containing many mature trees or
a significant wildlife habitat. Also, woodlands of any size on highly
erodible soils with slopes greater than 10% should be avoided. However,
woodlands in poor condition with limited management potential can
provide suitable locations for residential development. When any woodland
is developed, great care shall be taken to design all disturbed areas
(for buildings, roads, yards, septic disposal fields, etc.) in locations
where there are no large trees or obvious wildlife areas, to the fullest
extent that is practicable.
[6]Â
Leaves scenic views and vistas unblocked for uninterrupted panoramas,
particularly as seen from public thoroughfares. For example, in open
landscapes, a deep "no-build, no-plant" buffer is recommended along
the public thoroughfare where those views or vistas are prominent
or locally significant. The concept of "foreground meadows," with
homes facing the public thoroughfare across a broad grassy expanse,
is strongly preferred to mere buffer strips, with or without berms
or vegetative screening. In wooded areas where the sense of enclosure
is a feature that should be maintained, a deep "no-build, no-cut"
buffer should be respected, to preserve existing vegetation.
[7]Â
Avoids siting new construction on prominent hilltops or ridges
by taking advantage of lower topographic features.
[8]Â
Protects wildlife habitat areas of species listed as endangered,
threatened, or of special concern by the United States Fish and Wildlife
Service and/or by the Wisconsin Department of Natural Resources.
[9]Â
Designs around and preserves sites of historic, archaeological,
or cultural value, and their environs, insofar as needed to safeguard
the character of the feature, including stone walls, earthworks, and
burial grounds.
[10]Â
Protects rural roadside character and improves public safety
and vehicular carrying capacity by avoiding development fronting directly
onto existing public roads and establishes buffer zones along the
scenic corridor of rural roads with historic buildings, stone walls,
hedgerows, and so on.
[11]Â
Landscapes common areas, including cul-de-sac islands, and both
sides of new streets with native species shade trees and shrubs with
high wildlife conservation value. Deciduous shade trees shall be planted
and maintained at forty-foot intervals on both sides of each street,
so that the neighborhood will have a stately and traditional appearance
when they grow and mature. These trees shall generally be located
at the edge of the right-of-way, within a planting strip of not less
than five feet in width.
[12]Â
Provides active recreational areas in suitable locations that
offer convenient access by residents and adequate screening from nearby
house lots.
[13]Â
Includes a pedestrian circulation system designed to assure
that pedestrians can walk safely and easily on the site, between properties
and activities or special features within the neighborhood open space
system. All roadside footpaths shall connect with off-road trails,
which in turn shall be capable of linking with potential open space
on adjoining undeveloped parcels (or with existing open space on adjoining
developed parcels, where applicable).
[14]Â
Provides open space that is reasonably contiguous. For example,
fragmentation of open space shall be minimized so that these resource
areas are not divided into numerous small parcels located in various
parts of the development. To the greatest extent practicable, this
land shall be designed as a single block with logical, straightforward
boundaries. Long, thin strips of conservation land shall be avoided,
unless the conservation feature is linear or unless such configuration
is necessary to connect with other streams or trails. The open space
shall generally abut existing or potential open space land on adjacent
parcels (such as in other subdivisions, public parks, or properties
owned by or eased to private land conservation organizations). Such
subdivision open space shall be designed as part of larger contiguous
and integrated greenway systems, as per the Town's Comprehensive Plan.
(4)Â
Ownership and maintenance of open space.
(a)Â
General. Different ownership and management options apply to
the permanently protected open space created through the conservation
design development process. The open space shall remain undivided
and may be owned and managed by a homeowners' association, the Town,
or a recognized land trust or conservancy. A public land dedication,
not exceeding 10% of the total development area, may be required by
the Town, through this open space, to facilitate trail connections.
A narrative describing ownership, use and maintenance responsibilities
shall be submitted for all common and public improvements, utilities,
and open spaces.
(b)Â
Ownership standards. Common open space within a development
shall be owned, administered, and maintained by any of the following
methods, either individually or in combination, and subject to approval
by the Town.
[1]Â
Offer of dedication. The Town shall have the first and last
offer of dedication of undivided open space in the event said land
is to be conveyed. Dedication shall take the form of a fee simple
ownership. The Town may, but shall not be required to accept undivided
open space provided: (a) such land is accessible to the residents
of the Town; (b) there is no cost of acquisition; and (c) the Town
agrees to and has access to maintain such lands. Where the Town accepts
dedication of common open space that contains improvements, the Town
may require the posting of financial security to ensure structural
integrity of said improvements as well as the functioning of said
improvements for a term not to exceed 18 months from the date of acceptance
of dedication. The amount of financial security shall not exceed 15%
of the actual cost of installation of said improvements.
[2]Â
Homeowners' association. The undivided open space and associated
facilities may be held in common ownership by a homeowners' association.
The association shall be formed and operated under the following provisions:
[a]Â
The developer shall provide a description of the
association, including its bylaws and methods for maintaining the
open space.
[b]Â
The association shall be organized by the developer
and shall be operated with a financial subsidy from the developer,
before the sale of any lots within the development.
[c]Â
Membership in the association is automatic (mandatory)
for all purchasers of homes therein and their successors. The conditions
and timing of transferring control of the association from the developer
to homeowners shall be identified.
[d]Â
The association shall be responsible for maintenance
of insurance and taxes on undivided open space, enforceable by liens
placed by the Town on the association. The association may place liens
on the homes or house lots of its members who fail to pay their association
dues in a timely manner. Such liens may require the imposition of
penalty interest charges.
[e]Â
The members of the association shall share equitably
the costs of maintaining and developing such undivided open space.
Shares shall be defined with the association bylaws.
[f]Â
In the event of a proposed transfer, within the
methods here permitted, of undivided open space land by the homeowners'
association, or of the assumption of maintenance of undivided open
space land by the Town, notice of such action shall be given to all
property owners within the development as well as to the Town.
[g]Â
The association shall have or hire adequate staff
to administer common facilities and properly and continually maintain
the undivided open space.
[h]Â
The homeowners' association may lease open space
lands to any other qualified person, or corporation, for operation
and maintenance of open space lands, but such a lease agreement shall
provide:
[i]Â
That the residents of the development shall at
all times have access to the open space lands contained therein;
[ii]Â
That the undivided open space to be leased shall
be maintained for the purposes set forth in this chapter; and
[iii]Â
That the operation of open space facilities may
be for the benefit of the residents only, or may be open at the election
of the developer and/or homeowners' association, as the case may be.
[i]Â
The lease shall be subject to the approval of the
Town Board and any transfer or assignment of the lease shall be further
subject to the approval of the Town Board. Lease agreements so entered
upon shall be recorded with the County Register of Deeds within 30
days of their execution and a copy of the recorded lease shall be
filed with the Town.
[3]Â
Condominiums. The undivided open space and associated facilities
may be controlled through the use of condominium agreements, approved
by the county and the Town. Such agreements shall be in conformance
with the state's condominium laws. All undivided open space land shall
be held as a "common element."
[4]Â
Dedication of easements. The Town may, but shall not be required
to, accept easements for public use of any portion or portions of
undivided open space land, title of which is to remain in ownership
by condominium or homeowners' association, provided:
[5]Â
Transfer of easements to a private conservation organization.
With the permission of the county and the Town, an owner may transfer
easements to a private, nonprofit organization, among whose purposes
it is to conserve open space and/or natural resources, provided that:
[a]Â
The organization is acceptable to the County and
the Town, and is a bona fide conservation organization with perpetual
existence;
[b]Â
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions;
and
[c]Â
A maintenance agreement acceptable to the Town
Board is entered into by the developer and the organization.
(c)Â
Maintenance standards.
[1]Â
The ultimate owner of the open space (typically a homeowners'
association) shall be responsible for raising all monies required
for operations, maintenance, or physical improvements to the open
space, through annual dues, special assessments, etc. The homeowners'
association shall be authorized under its bylaws to place liens on
the property of residents who fall delinquent in payment of such dues,
assessments, etc.
[2]Â
In the event that the association or any successor organization
shall, at any time after establishment of a development containing
undivided open space, fail to maintain the undivided open space in
reasonable order and condition in accordance with the development
plan, the Town may serve written notice upon the owner of record,
setting forth the manner in which the owner of record has failed to
maintain the undivided open space in reasonable condition.
[3]Â
Failure to adequately maintain the undivided open space in reasonable
order and condition constitutes a violation of this chapter. The Town
is hereby authorized to give notice, by personal service or by United
States mail, to the owner or occupant, as the case may be, of any
violation, directing the owner to remedy the same within 20 days.
If the violation is not timely remedied, the Town is authorized to
enter the premises and perform the required maintenance. The associated
expense of such maintenance shall be billed to the owner.
[4]Â
Should any bill or bills for maintenance of undivided open space
by the Town be unpaid by November 1 of each year, a late fee of 15%
shall be added to such bills and a lien shall be filed against the
premises in the same manner as other municipal claims.
[Amended 9-18-2014 by Ord. No. 2014-16]
A.Â
Authorization required. Prior to starting any of the work covered
by the plans approved above, authorization to start the work shall
be obtained from the Town Zoning Administrator upon receipt of all
necessary permits and in accordance with the construction methods
of this chapter.
B.Â
Contract. Before any final plat or certified survey map is inscribed
by the Clerk/Treasurer, the subdivider shall enter a contract with
the Town wherein the subdivider agrees to install all required improvements
within a reasonable time frame to be determined by the Town Board
based on the size and scope of the project. The Town Engineer shall
review and approve all improvements prior to the granting of approval
by the Zoning Administrator.
C.Â
Security required.
(1)Â
Except as provided in Subsection C(4) herein, at the time said contract is entered, the subdivider shall, at the discretion of the subdivider, file a performance bond, certificate of deposit, irrevocable letter of credit, or certified check, with the Town in an amount equal to the estimated cost of the required public improvements as determined by the Town's Engineer and approved by the Town Board.
(2)Â
The security posted shall be in such form as is acceptable to the
Town Board and approved by the Town Attorney. When a certificate of
deposit or certified check is posted as security, the instrument must
be negotiable by the Town. When a letter of credit is posted as security,
the Town must be the beneficiary.
(3)Â
The security deposit shall guarantee that all required public improvements
will be completed according to Town specifications by the subdivider
or its contractors within a reasonable time.
(4)Â
The subdivider may construct the public improvements in such phases
as the Town Board approves, which approval may not be unreasonably
withheld. If the public improvements will be constructed in phases,
the amount of security required herein shall be limited to the phase
of the project that is currently being constructed. Security for public
improvements shall not be required sooner than is reasonably necessary
before the commencement of the installation of the public improvements.
(5)Â
Pursuant to § 236.13(2)(am)1a, Wis. Stats., security may
not be required for more than 14 months after the date that the public
improvements for which the security is provided are substantially
completed as that term is used in § 236.13(2)(am)2., Wis.
Stats.
(6)Â
Upon substantial completion of the public improvements, the amount
of security that the subdivider is required to provide shall be limited
to the amount determined in § 236.13(2)(am)1a, Wis. Stats.
D.Â
Water supply system design standards. If the area to be subdivided
is served by public facilities, there shall be provided a water supply
system in conformity with the master plan of the Rome Water Utility.
The subdivider shall construct water mains in such a manner as to
make adequate water service available to each lot within the subdivision
and shall provide the Town with an easement for such mains. If municipal
water service is not available, the subdivider shall provide substantiated
information indicating the amount and quality of available groundwater
at the time of platting. The Town may require a private water system
capable of serving the entire subdivision. The Town may require the
installation of water laterals to the street lot line. The size, type
and installation of all public water mains proposed to be constructed
shall be in accordance with plans and standard specifications set
by the Town, Rome Water Utility and State of Wisconsin.
E.Â
Stormwater drainage facilities. Pursuant to this section, the subdivider
shall provide stormwater drainage facilities which may include curb
and gutter, catch basins and inlets, storm sewers, road ditches, open
channels and detention basins as may be required. All such facilities
are to be of adequate size and grade to hydraulically accommodate
the one-hundred-year storm event. Storm drainage facilities shall
be so designed as to present no hazard to life or property, and the
size, type and installation of all stormwater drains and sewers proposed
to be constructed shall be in accordance with all State of Wisconsin
DNR requirements and the plans and specifications shall be approved
by the Town Engineer licensed in Wisconsin. The subdivider shall pay
all costs of all storm sewer work.
(1)Â
Where appropriate, natural drainageways shall be retained to minimize
interference with potential floodwater conveyance, floodwater storage,
wetlands, and both surface and subsurface hydrology. The Zoning Administrator
may, after consulting with the Town Engineer, recommend approval of
modifications to natural channels that are consistent with the other
provisions of this chapter.
(2)Â
Storm sewers, where required, shall be designed and built to APWA
Standards.
(3)Â
Stormwater systems shall be designed to minimize future operational
and maintenance expenses.
(4)Â
Stormwater systems shall be designed to reduce the exposure of streets,
utilities and other public facilities to damage from stormwater.
(5)Â
Stormwater drainage easements shall be provided where necessary for
maintenance of the stormwater facility, as determined by the Town
Engineer.
(6)Â
On-site stormwater detention basins shall be required where needed
to protect public or private property from increased volumes or velocity
of stormwater runoff.
(7)Â
Erosion and sedimentation controls shall be required during and after
new construction as needed to prevent increased erosion or increased
deposits of material downstream from the development.
(8)Â
Development design shall accommodate large floods and smaller, more
frequent floods along the major and minor waterways.
(9)Â
Development design shall provide at least one all-weather access
to every parcel designed to remain open during the one-hundred-year
storm event.
F.Â
Other utilities. The subdivider shall cause gas, electrical power,
CATV and telephone facilities to be installed in such a manner as
to make adequate service available to each lot in the subdivision.
No such electrical, CATV or telephone service shall be located on
overhead poles; all utilities are to be underground. Plans indicating
the proposed location of all gas, electrical power, CATV and telephone
distribution and transmission lines required to service the plat shall
be approved by the Town Board, and such map shall be filed with the
Town Zoning Administrator.
G.Â
Governmental units to which these security provisions apply may file,
in lieu of said security, a letter from officers authorized to act
on their behalf agreeing to comply with the provisions of this section.
H.Â
Construction and inspection.
(1)Â
During the course of construction, Town staff shall make such inspections
as deemed necessary to ensure compliance with the plans and specifications
as approved.
(2)Â
The subdivider shall reimburse the Town for the actual costs incurred
by the Town for review and inspection of the subdivision. Such costs
include preparation and review of plans and specifications by an engineer,
planner and attorney, as well as other costs of a similar nature.
(3)Â
Map requirement. After completion of all public improvements and
prior to final acceptance of said improvements, the subdivider shall
make or cause to be made a map showing the actual location of all
valves, manholes, stubs, sewers, water mains, and such other facilities
as the Town Board shall require. This map shall be on suitable paper
and shall bear the signature and seal of a professional engineer registered
in Wisconsin. The presentation of the map shall be a condition of
final acceptance of the improvements and release of the security assuring
their completion.
(4)Â
Design capacity. All improvements shall be installed to satisfy the
service requirements for the service or drainage area in which the
subdivision is located and the improvements shall be of sufficient
capacity to handle the expected development of the overall service
or drainage area involved.
I.Â
Road signs. The subdivider shall provide and install traffic control
signs, road name signs and building numbering signs of such a type
and in such location as required by Town ordinances and as designated
by the Director of Public Works.
[Amended 4-16-2020 by Ord. No. 20-05]
J.Â
Easements.
(1)Â
Adequate easements shall be provided and dedicated on each side of
all rear lot lines and on side lot lines where necessary, for the
installation of storm and sanitary sewers, gas, water, electric lines,
and communication lines. Such easements as required by the Town or
other private utility lines shall be noted as "Utility Easements"
on the final plat or certified survey map. Prior to approval of the
final plat or certified survey map, the concurrence of the electric
and communications companies serving the area as to the location and
width of the utility easements shall be noted on the final plat or
certified survey map. All easements for storm and sanitary sewers,
water and pedestrian walks, and other public purposes shall be noted
thereon as "Public Easement for" followed by reference to the use
or uses for which they are intended.
(2)Â
The utility easements shall be graded to within six inches of final
grade by the subdivider, prior to the installation of such facilities,
and earth fill, piles or mound or mounds of dirt shall not be stored
on such easement areas. Utility facilities when installed on utility
easements shall not disturb any monumentation in the plat.
(3)Â
A plat restriction shall be recorded with the final plat or certified
survey map stating that the final grade established by the subdivider
on the utility easements shall not be altered by more than six inches
by the subdivider, his agent, or by subsequent owners of the lots
on which such utility easements are located, except with written consent
of the utility or utilities involved. The purpose of this restriction
shall be to notify initial and future lot owners of the underground
facilities at the time of purchase and to establish responsibility
in the event of damage to such facilities or to the need to alter
such facilities. When the utility company uses a service application,
said application should also notify the initial and subsequent lot
owners of their responsibility regarding such underground facilities.
(4)Â
Drainage easements. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, an adequate drainage way or easement
shall be provided as required by the Town Board. The location, width,
alignment and improvement of such drainage way or easement shall be
subject to the approval of the Plan Commission and shall comply with
the requirements of this section. Parallel streets or parkways may
be required in connection therewith.
B.Â
Public sites and open spaces.
(1)Â
The subdivider shall dedicate sufficient suitable land area to provide
adequate park, playground, recreation and open space to meet the needs
to be created by and to be provided for the subdivision. The suitability
of the lands for dedication shall be within the sole discretion of
the Town Board. At least 2,900 square feet of land shall be dedicated
for each proposed residential dwelling unit within the subdivision.
Where a definite commitment is made to the Town by the subdivider
with respect to the number of dwelling units to be constructed on
any parcel of land which has a zoning classification that permits
multifamily use, the dedication shall be based upon that number. Where
no such commitment exists, the dedication shall be based upon the
maximum number of dwelling units which the zoning classification of
the parcel will permit.
(2)Â
The Town Board may, in its sole discretion, permit the subdivider to satisfy the requirements of § 326-11B(1) by combining a land dedication with a fee payment. The fee, in such case, shall be determined in accordance with § 236.45(6), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)Â
The Town shall place any fee collected pursuant to the provisions
of this section in a separate account to be used by the Town Board
for land acquisition and development of adequate park, playground,
recreation and open space to meet the needs created by the subdivision.
(4)Â
Subdivision plats abutting on a navigable lake or stream shall provide
public access at least 66 feet wide to the ordinary high-water mark
so that there will be public access, which is connected to existing
public roads, at not more than one-half-mile intervals as measured
along the lake or stream shore except where greater intervals and
wider access is agreed upon by the Department of Natural Resources
and the Department of Agriculture, Trade and Consumer Protection and
excluding shore areas where public parks or open space streets or
roads on either side of a stream are provided. The Town Board may
require dedications of access points of greater width or at more frequent
intervals at points designated by them.
(5)Â
The lands lying between the meander lines, 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 land
division and the water's edge shall be included as part of lots, out
lots, or public dedications in any plat abutting a lake or stream.
(6)Â
This requirement applies not only to lands under option to the subdivider
or in which he holds any interest and which are contiguous to the
lands proposed to be divided and which abut a lake or stream as provided
in § 236.16(4), Wis. Stats.
C.Â
Where land is dedicated pursuant to this section, conveyance to the
Town shall be by warranty deed. The land shall be free and clear of
all liens and encumbrances except as may be allowed by the Town Board
in its sole discretion. Where land is to be dedicated pursuant to
this section, before any final plat or certified survey map is inscribed
by the Clerk/Treasurer, the subdivider shall enter an agreement with
the Town to dedicate specified land according to terms approved by
the Town Board. The agreement shall establish a date for closing and
shall provide that the subdivider shall furnish and deliver to the
Town for examination at least 15 days prior to the date set for closing,
subdivider's choice of either:
(1)Â
A complete abstract of title made by an abstract company, extended
to within 30 days of the closing, said abstract to show the subdivider's
title to be marketable and in the condition called for by the agreement.
The Town Attorney shall notify the subdivider in writing of any valid
objection to the title within 10 days after the receipt of said abstract
and the subdivider shall then have a reasonable time, but not exceeding
60 days, within which to rectify the title (or furnish a title policy
as hereinafter provided) and in such cases the time of closing shall
be accordingly extended; or
(2)Â
An owner's policy of title insurance, in the amount of the full purchase
price, naming the Town as the assured, as its interest may appear,
written by a responsible title insurance company licensed by the State
of Wisconsin, which policy shall guarantee the subdivider's title
to be in condition called for by the agreement. A commitment by such
a title company, agreeing to issue such a title policy upon the recording
of the proper documents as herein, shall be deemed sufficient performance.
Before final approval of any plat or certified survey map within
the limits of the Town, the subdivider shall install survey monuments
placed in accordance with the requirements of § 236.15 of
the Wisconsin Statutes and as may be required by the Town. The Town
Board may waive the placing of monuments required under § 236.15(1)(b),
(c) and (d), subject to Wisconsin Department of Administration approval
for a reasonable time on condition that the subdivider executes a
surety bond to insure the placing of such monuments within the time
required.
A.Â
Non-land division CSM review; Any certified survey map (CSM) that
does not have the effect of a land division (including, but not limited
to, a CSM that combines lots) shall be submitted to the Zoning Administrator
for review prior to recording, together with a review fee in an amount
established by the Town Board.
[Amended 5-30-2013 by Ord. No. 13-02]
B.Â
Any division of land other than a subdivision as that term is defined
herein shall be surveyed and a CSM shall be prepared according to
the requirements in § 236.34, Wis. Stats. The proposed CSM
shall be submitted to the Zoning Administrator, along with a submittal
fee in an amount set by the Town Board. The subdivider shall submit
eight duplicate copies of the proposed CSM to the Zoning Administrator.
At the time of submission, the subdivider shall pay an application
fee in an amount that is set by the Town Board.
C.Â
Consideration.
(1)Â
The Zoning Administrator shall have the authority to accept, reject,
or require modification of a proposed CSM based on its compliance
with this section, and other relevant Town, county, state and federal
regulations. The Zoning Administrator may refer the proposed CSM to
the Plan Commission for approval when deemed necessary and appropriate.
(2)Â
Within 30 days of its submission, the Zoning Administrator shall
approve, deny or require modification of the proposed CSM. If the
Zoning Administrator requires modification of the proposed CSM, the
applicant shall have 30 days to make the required modifications. The
Zoning Administrator shall then review the modified CSM and either
approve or reject it within 30 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.Â
The certified survey map shall be prepared by a registered land surveyor
at a scale of not more than 400 feet to one inch. The following certified
survey map checklist shall be utilized by the Town staff in determining
whether or not approval should be given to the proposed certified
survey map. The certified survey map shall include:
(1)Â
The name and address of the individual dividing the lands.
(2)Â
The date of the survey.
(3)Â
A metes and bounds description referenced to a line and two corners
of the United States Public Land Survey, or referenced to an adjoining
recorded plat.
(4)Â
The locations, rights-of-way widths and names of existing or proposed
streets, alleys or other public ways, easements, and utility rights-of-way
and access restrictions where applicable included within or adjacent
to the proposed land division.
(5)Â
The area(s) of the parcel(s) being created, including the total acreage
and square feet.
(6)Â
The locations of existing property lines, buildings, drives, streams
and watercourses, lakes, marshes, drainage ways and other significant
features within the parcel(s) being created.
(7)Â
A statement on the face of the certified survey map that the parcel(s)
created are considered unbuildable until an approved sanitary permit
is obtained from the Adams County Planning and Zoning Department.
If the parcel has access to a public sanitary sewage system, the surveyor
shall note on the face of the certified survey map that the parcel(s)
are unbuildable unless a hookup is made to the public sanitary sewer.
(8)Â
When dedication of lands is required, an owner's certification of
dedication prepared in accordance with § 236.34, Wis. Stats.;
and a governmental jurisdiction certificate of acceptance of the dedication,
approved by the Town Board.
(9)Â
Where the certified survey map requires dedication for a public road,
the subdivider shall follow all applicable Town ordinances.
(10)Â
All public road dedications shall be a minimum 66 feet wide.
(11)Â
Each lot must abut to a public street by at least 70 feet.
(12)Â
Location of existing buildings, wells and on-site sanitary systems.
Where applicable, the regional floodplain boundary and the vertical
contour line, which is two feet above the regional flood elevation.
(13)Â
Wetland boundaries from the Department of Natural Resources
Wetland Inventory Maps.
(14)Â
All other applicable survey standards shall be maintained by
the surveyor.
(15)Â
Lots must comply with minimum frontage and area for their zoning
classification.
(16)Â
A statement, signed by the surveyor, attesting that they have
complied with all state, county and Town land division requirements.
(17)Â
A certified survey map shall include all lots, parcels or building
sites created by the land division and all remnants of the original
parcel which are less than 40 acres in size.
E.Â
Recording of certified survey map. Upon final approval by all approving
authorities of a CSM, the subdivider shall have the CSM recorded in
the office of the Register of Deeds for Adams County, and a copy of
the same shall be provided to the Zoning Administrator within 14 days
of recording.
A.Â
Site plan.
[Amended 4-16-2020 by Ord. No. 20-05]
(1)Â
The site plan review procedure is designed to allow the applicant
to present a concept plan to the Town Zoning Administrator, Director
of Public Works and Town Engineer for a discussion of suggestions
and concerns. Applicants are encouraged but not required to pursue
the site plan review process.
(2)Â
Site plans are not officially approved or denied. They are reviewed
by the Zoning Administrator, Director of Public Works and Town Engineer
for consistency with adopted plans, policies and regulations.
(3)Â
The Zoning Administrator, Director of Public Works and Town Engineer
shall identify the most appropriate process and any inconsistencies
with adopted plans, policies or codes. Following the review, the Zoning
Administrator, Director of Public Works and Town Engineer shall send
the applicant written comments regarding the proposed subdivision
to assist the applicant in completing the subdivision process. No
notice or public hearing is required for this application.
(4)Â
The following information will be required for a thorough administrative
review of the site plan. Lack of information will result in a delayed
assessment by the Zoning Administrator, Director of Public Works and
Town Engineer.
(a)Â
Name of the proposed subdivision;
(b)Â
Date, dimensions, North arrow;
(c)Â
Property owner's(s') name and address;
(d)Â
Description of all existing or proposed covenants and restrictions
and affirmation that the proposed subdivision is in compliance with
the same;
(e)Â
Acreage and location of the property;
(f)Â
Location, dimensions and area of all proposed and existing parcels,
including the acreage and square feet;
(g)Â
Location, dimensions and area of all parcels of land proposed
to be set aside for park or playground use or other public use;
(h)Â
Vicinity map showing all streets and the general development
pattern and land uses of the surrounding area;
(i)Â
If the site plan covers only a part of the applicant's contiguous
holdings, the applicant shall show the extent of adjacent land holdings;
(j)Â
Proposed land uses, including the type of dwellings or commercial
use, the number of dwellings, and acreage of each proposed land use;
(k)Â
Existing or proposed easements, rights-of-way, streets or other
public ways;
(l)Â
Location, sizes and elevations of existing sewers, water mains,
culverts, and other underground structures within the boundaries of
the proposed subdivision and adjacent thereto;
(m)Â
Existing permanent buildings;
(n)Â
Utility poles and utility rights-of-way on or immediately adjacent
to the property proposed to be subdivided;
(o)Â
Approximate topography based on ten-foot contour intervals;
(p)Â
Approximate location and width of all existing and proposed
streets within and abutting the proposed subdivision;
(q)Â
Preliminary proposals for connections with existing water supply
and sanitary sewerage systems, and preliminary proposals for collecting
and discharging surface water drainage;
(r)Â
A proposed phasing plan for the development of multi-phase projects;
(s)Â
Any documents needed to supplement the information provided
on the map;
(t)Â
A Stormwater Management Plan in conformance with Town, county
and state requirements.
B.Â
Preliminary plat review. The preliminary plat shall conform to the
requirements of this chapter and Chapter 236 of the Wisconsin Statutes
and shall be accompanied by an application.
(1)Â
Application. The application shall be signed by the subdivider and
shall contain the following information:
(a)Â
Title under which the proposed subdivision is to be recorded.
(b)Â
Names and addresses of the owner(s), subdivider and land surveyor
preparing the plat.
(c)Â
Specifications for the construction of any public improvements
required by this chapter.
(d)Â
Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units; types of business
or industry so as to reveal the effect of the development on traffic,
fire hazards and congestion of population.
(e)Â
Draft of the legal instruments, covenants, deed restrictions,
rules and bylaws for proposed property owners associations when the
subdivider proposes that common property within a subdivision would
be either owned or maintained by such an organization of property
owners.
(2)Â
Preliminary plat. The preliminary plat shall be based upon an exterior
boundary survey by a registered land surveyor and the plat prepared
on appropriate material at a scale of not more than one inch per 100
feet and four-foot contour intervals. The preliminary plat shall include
the following:
(a)Â
Location including complete legal description of the proposed
subdivision by government lot, quarter section, section, township,
range, county and state.
(b)Â
The total acreage of the proposed subdivision to the nearest
1/100 of an acre if the area is two acres or more; or in square feet
if the area is less than two acres.
(c)Â
Date, scale and North arrow.
(d)Â
Entire area contiguous to the proposed plat owned or controlled
by the subdivider shall be included on the preliminary plat even though
only a portion of said area is proposed for immediate development.
(e)Â
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to two corners established in the United States
Public Land Survey and the total acreage encompassed thereby.
(f)Â
Locations of all existing property boundary lines, structures,
drives, streams and watercourses, marshes, rock outcrops, wooded areas,
and other significant features within the tract being subdivided or
immediately adjacent thereto.
(g)Â
Location, right-of-way width and names of all existing streets,
alleys or other public ways, easements, and utility rights-of-way
and all section and quarter-section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(h)Â
Building setback lines and easements for rights-of-way provided
for public use, services or utilities, showing their dimensions and
listing the proposed use of such easements and any limitations on
said easements.
(i)Â
Location and names of any adjacent subdivisions, parks and cemeteries
and owners of record of abutting unplatted land.
(j)Â
Type, width and elevation of any existing street pavements within
the exterior boundaries of the plat or immediately adjacent thereto,
together with any legally established center-line elevations.
(k)Â
Location, size and invert elevation of any existing sanitary
or storm sewers, culverts and drain pipes, hydrants, electric and
communication facilities, whether overhead or underground and the
location and size of any existing water and gas mains within the exterior
boundaries of the plat or immediately adjacent thereto. If no sewers
or water mains are located on or immediately adjacent to the tract,
the nearest such sewers or water mains which might be extended to
serve the tract shall be indicated by the direction and distance from
the tract, size and invert elevations.
(l)Â
Corporate limit lines within the exterior boundaries of the
plat of immediately adjacent thereto.
(m)Â
Existing zoning on and adjacent to the proposed subdivision.
If any zoning changes are contemplated, the proposed zoning plan for
the areas, including dimensions.
(n)Â
Contours within the exterior boundaries of the plat and extending
to the center line of adjacent public streets to National Map Accuracy
Standards based upon Mean Sea Level Datum at vertical intervals of
not more than four feet. At least two permanent benchmarks shall be
located in the immediate vicinity of the plat; the location of the
bench marks shall be indicated on the plat, together with their elevations
referenced to mean sea level datum and the monumentation of the benchmarks
clearly and completely described. Where, in the judgment of the Town
Board, undue hardship would result because of the remoteness of the
parcel from a mean sea level reference elevation, another datum may
be used.
(o)Â
High-water elevation of all ponds, streams, lakes, flowages
and wetlands within the exterior boundaries of the plat and located
within 100 feet thereof.
(p)Â
Water elevation of all ponds, streams, lakes, flowages and wetlands
within the exterior boundaries of the plat and located within 100
feet thereof at the date of the survey.
(q)Â
Floodland and shoreland boundaries and the contour line lying
a vertical distance of four feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, four
feet above the elevation of the maximum flood of record within the
exterior boundaries of the plat and within 100 feet therefrom.
(r)Â
Location and results of soil evaluation tests within the exterior
boundaries of the plat conducted in accordance with Section SPS 385
of the Wisconsin Administrative Code where the subdivision will not
be served by public sanitary sewer service.
(s)Â
Approximate dimensions of all lots together with all proposed
lot and block numbers.
(t)Â
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, drainageways or other public
use or which are to be used for group housing, shopping centers, church
sites or other nonpublic uses not requiring platting.
(u)Â
Approximate radii of all curves.
(v)Â
Any proposed lake and stream access with a small drawing and
notice of application for approval by the Department of Natural Resources,
when applicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(w)Â
Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the subdivider shall submit a
preliminary plat of the remainder of the property so as to show the
possible relationships between the proposed subdivision and future
subdivision. All subdivisions must be shown to relate well with existing
or potential adjacent subdivisions.
(3)Â
Nine copies of the application and preliminary plat shall be filed
with the Zoning Administrator, who shall forward one copy of the application
and preliminary plat to each member of the Plan Commission.
(a)Â
Within 45 days of it being filed with the Zoning Administrator,
the Plan Commission shall hold a public hearing on the application.
Notice of the hearing shall be published as a Class II notice pursuant
to Chapter 985 Wis. Stats.
(b)Â
Within 60 days of its filing, the Plan Commission shall take
action to recommend to the Town Board that the application either
be approved, be approved conditionally or be rejected, and shall state
in writing the basis for its recommendation.
(c)Â
Within 90 days of its filing, the Town Board shall take action
to approve, approve conditionally or reject the application and shall
state in writing any conditions of approval or reasons for rejection,
unless the time is extended by agreement with the subdivider. Failure
of the Board to act within 90 days, or extension thereof, shall constitute
approval of the plat.
C.Â
Final plat review.
(1)Â
The subdivider shall prepare and file 18 copies of the final plat
together with a written application for approval with the Clerk/Treasurer
within 36 months of the approval of the preliminary plat.
(2)Â
The Clerk/Treasurer shall forward eight copies of the plat to the
Plan Commission. The Plan Commission shall examine it for conformity
with the preliminary plat and any conditions of approval, with the
requirements of this chapter, and with the requirements of any other
ordinances, statutes, administrative rules and regulations, or local
plans which may be applicable. The determination of compliance with
this chapter shall be based on the text of this chapter in effect
at the time the preliminary plat was submitted.
(3)Â
The Plan Commission shall recommend approval or rejection of the
final plat to the Board. The Board shall then approve or reject the
final plat. The final plat shall be approved if it is identical to
the preliminary plat approved by the Town Board. The Plan Commission
shall recommend and the Board shall establish as a condition of final
approval that within a reasonable time limit, the subdivider shall
meet or enter an agreement to meet all requirements and conditions
of approval. One copy of the plat shall then be returned to the subdivider,
his surveyor, or engineer with the date and action attached thereto,
and the conditions or requirements of approval or reasons for rejection
shall be attached thereto. Unless the time is extended by written
agreement between the subdivider and the Board, failure to complete
the action required herein within 60 days of filing the final plat
shall constitute an approval of the final plat.
(4)Â
The final plat may, if permitted by the Town Board, include only
that portion of the approved preliminary plat which the subdivider
proposes to record at that time.
(5)Â
After the final plat has been approved by the Board and the contract is entered and security filed in accordance with § 326-10 hereof, and all other conditions of approval have been met, the subdivider shall submit the final plat to the Clerk/Treasurer. The Clerk/Treasurer shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording.
(6)Â
The subdivider shall file two certified copies of the final plat
with the Clerk/Treasurer within 10 days after it has been recorded.
The subdivider shall record the plat in the office of the Register
of Deeds of Adams County within 12 months of the last approval and
36 months of first approval of the plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A replat or alteration of all or a part of any recorded subdivision
shall be governed by the provisions of § 236.36 through
276.445, Wis. Stats.
The vacation of plats and dedicated areas shall be governed
by the provisions of Chapter 236, Wis. Stats.
A fee shall be required for all applications for consideration and approval of certified survey maps and subdivisions. In addition, a fee shall be imposed for the review of the site plan pursuant to § 326-14A herein. All fees shall be imposed pursuant to a fee schedule established by the Town Board and subject to revision from time to time.
It shall be unlawful to build upon, divide, convey, record or
monument any land in violation of this chapter or of the Wisconsin
Statutes; and no person, partnership, firm, corporation, or entity
of any sort shall be issued a building permit by the Town authorizing
the building on, or improvement of, any land division, subdivision,
or replat within the jurisdiction of this chapter not of record as
of the effective date of this chapter until the provisions and requirements
of this chapter have been fully met. The Town may institute appropriate
action or proceedings to enjoin violations of this chapter or the
applicable Wisconsin Statutes.
Any person, firm or corporation who fails to comply with the
provisions of this chapter shall, upon conviction thereof, forfeit
not less than $100 nor more than $1,000. Each day a violation exists
or continues shall constitute a separate offense.
The following words and phrases shall have the designated meaning
unless a different meaning is expressly provided or the context clearly
indicates a different meaning:
Have a common property line or district line.
A public right-of-way, which normally affords a secondary
means of vehicular access to abutting property.
A room or suite of rooms in a multiple-family structure,
which is arranged, designed, used or intended to be used as a single
housekeeping unit. Complete kitchen facilities, permanently installed,
must always be included for each apartment.
The Assessor for the Town of Rome.
The Rome Town Board.
Permit issued by the Building Inspector allowing commencement
of project construction.
A line parallel with the lot line at a distance perpendicular
to it, regulated by the yard requirements set up in this Code.
A drawing meeting all of the requirements of § 236.34,
Wis. Stats., which is the map or plan of record for a land division.
The Rome Town Clerk/Treasurer.
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or substantial
improvements to buildings, structures or accessory structures; the
placement of building or structures; mining, dredging, filling, grading,
paving, excavation or drilling operations; and the storage, deposition
or extraction of materials, public or private sewerage disposal systems
or water supply facilities.
Disposal includes, but is not limited to, unloading, throwing
away, discarding, emptying, abandoning, discharging, burning, spreading
onto open fields, land spreading or burying waste, garbage, refuse,
or sludge on, into, or under any property or lands whether publicly
or privately owned within the Town of Rome.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A practice or a combination of practices implemented to prevent
or reduce erosion and the resulting deposition of soil, sediment or
rock fragments into waters of the state, public sewers or off the
owner's land. These procedures include, but are not limited to, silt
or filter fences, straw or hay bales, tarps or riprap, berms, sediment
basins or vegetative strips.
A lot which is without street frontage for much of its width
and which has access to a public road only by virtue of a narrow strip
of land where the driveway is usually located. Flag lots resemble
the shape of a flag and flagstaff. Flag lots are not generally considered
to conform to sound planning principles and the creation of flag lots
is prohibited, with limited exceptions.
[Added 2-18-2021 by Ord.
No. 21-03]
Land which is subject to flooding which is at or below base
flood elevation. The floodplain includes the flood way and flood fringe
areas.
The smallest dimension of a lot abutting a public street
measured along the street right-of-way line. For lots abutting a lake
or stream, the smallest dimension measured along the shoreline.
Any county, city, village, town or the State of Wisconsin.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Town may ultimately assume the
responsibility for maintenance and operation.
An agreement entered into by a bank, credit union, savings
and loan or other financial institution which is insured by the FDIC
and which is authorized to do business in the State of Wisconsin and
which has a financial standing acceptable to the Town of Rome and
which is approved, as to form, by the Town Attorney.
The creation of one or more lots, parcels or building sites
with an area of 15 acres each or less.
A parcel of land. A lot may be a parcel designated in a plat
or described in a conveyance recorded in the Office of the Register
of Deeds, or any part of a large parcel when such part complies with
the requirements of this Code as to width and area for the district
in which it is located.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
Any master, development, or regional plan adopted pursuant
to § 62.23, 59, 236, or 66.0309, Wis. Stats., which is applicable
to the Town of Rome.
[Amended 4-16-2020 by Ord. No. 20-03]
Any person occupying or having use of a building, structure,
premises of any part thereof.
A map indicating the location, width, and extent of existing
and proposed streets, highways, parkways, parks and playground as
adopted and amended by the Town Board pursuant to § 62.23(6),
Wis. Stats.
A parcel of land, other than a lot, building site, or block,
so designated on the plat or certified survey map.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
Contiguous land under the control of a subdivider, whether
or not separated by streets, highways, railroad rights-of-way, bodies
of water or waterways.
All grounds, structures and watercourses which are or may
be located within any area dedicated to the public use as a park,
parkway, public boat landing, public lake access, recreation facility
or conservancy district in the Town.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
The Rome Plan Commission.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the Town for approval.
A map showing the salient features of a proposed subdivision
or land division, as they are defined in this section, submitted to
the Town for purpose of preliminary consideration prior to all final
plats and, when required, prior to all land divisions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any access to navigable water by means of public property.
Any public road, street, highway, walkway, drainageway, or
part thereof.[1]
Process of changing, or the map or plat which changes, the
boundaries of a recorded subdivision plat or a part thereof. The division
of a block, lot or outlot within a recorded subdivision plat without
changing the exterior boundaries of said block, lot or outlot is not
a replat but is a land division.
A single-family dwelling or that part of a duplex, apartment,
or other multiple-family dwelling occupied by one family or one distinct
set of inhabitants.
A structure or planting which conceals from view of public
ways and neighboring properties the area behind such structure or
planting.
The minimum allowable distance from a given point or line
of reference, such as a thoroughfare right-of-way, waterline, or prospective
line to the furthest projection element of a building or structure.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks by which anything is made known and which are used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity or product and which is visible from
any public street or highway.
A building structure which contains one, two or separate
households intended to be used as a home, residence or sleeping place.
A plan prepared to scale, showing accurately and with complete
dimensioning the boundaries of a site and the location of all buildings,
structures, uses, and principal site design features proposed for
a specific parcel of land.
A public way for pedestrian and vehicular traffic whether
designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, or however otherwise designated.[2]
Anything which has the capacity to contain, used for the
occupation or shelter of man or animal or for the storage, receiving,
retaining or confining of personal property, the use of which requires
permanent location on the ground or attachment to something having
permanent location on the ground. The term does not include the facilities
and appurtenances of public utilities other than buildings.[3]
Any person, firm, corporation, partnership, or entity of
any sort, which divides or proposes to divide land in any manner which
results in a land division or subdivision.
The division of a lot, parcel or tract of land where the
act of division:
The Town of Rome situated in Adams County, Wisconsin.[4]
Any attorney engaged by the Town to perform legal work relating
to this chapter.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
Any engineer engaged by the Town to perform engineering services
relating to this chapter.
Zoning Administrator, Police Chief, Fire Chief, Highway Commissioner
and any other professional engaged by the Town on a temporary, part-time
or full-time basis.
The purpose or activity, for which the land or building thereof
is designed, arranged or intended, or for which it is occupied or
maintained.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
An open space on a lot which is unoccupied and unobstructed
by buildings from its lowest level to the sky.
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending along the full length of the rear lot line
between the side lot lines.
