Town of St. Joseph, WI Subdivision Standards

The imposition of unreasonable costs to remedy severe and avoidable problems that are, with reasonable certainty, likely to result from the subdivision.

All subdivision of land shall be designed and constructed to adequately protect the public safety, health and general welfare and to permit the efficient provision of public services in a manner consistent with the policies and goals of the Comprehensive Plan and the purpose and intent of this chapter. To accomplish these objectives, the Town Board may impose reasonable additional and site-specific requirements and conditions upon its approval of any subdivision.

§ 168-7 Minimum lot standards.

The size, shape and orientation of all lots shall be appropriate for the intended purposes.

All buildings and any aboveground improvements, except for fences, on any lot shall conform to the setback requirements in Chapter 170 of the Town of St. Joseph Code. For convenience, the following summary may be reviewed, but in the case of any discrepancy, Chapter 170 shall prevail.

(1)

Twenty feet from the existing side and rear lot lines.

(a)

Exceptions to the standards in Subsection B(1) above are lots within the hamlets of Houlton and Burkhardt whose front yard access is identified as one of the roadways in Maps 2004-1 and 2004-2 attached to Chapter 149 of the St. Joseph Town Code.[1] The setback requirements for these lots shall be 10 feet from the existing side and rear lot lines.

[1]

Editor's Note: Said maps are on file in the Town offices.

(2)

Setbacks from roadways are 108 feet from the center line of an access road or 75 feet from the right-of-way line, whichever is greater; and 133 feet from the center line of subcollector or collector roads or 100 feet from the right-of-way line, whichever is greater.

(a)

Exceptions to the standards in Subsection B(2) above are lots developed under Article IV of this chapter. See § 168-20E.

In addition to satisfying minimum lot area requirements in Chapter 170 (summarized in Tables 1, through 4, though in the event of any discrepancy, Chapter 170 shall prevail), all lots shall contain sufficient area to satisfy all size requirements, applicable setbacks, zoning standards, minimum width and sanitary requirements for the uses intended.

Table 1 Minimum Lot Areas for Major and Minor Residential Subdivisions
Intended Use of Lot Area	Minimum Lot Area
Single-family structure; two-family structure	3 acres, excluding road rights-of-way
Multiple-family structure	6 acres, plus 3 acres for each additional dwelling unit over 2, excluding road rights-of-way

Table 2 Minimum Lot Areas for Major and Minor Residential Subdivisions in Preservation Residential Areas
Intended Use of Lot Area	Minimum Lot Area
Single-family structure; two-family structure	3 acre density, 1.5 acre minimum lot size, excluding road rights-of-way
Multiple-family structure	6 acres, plus 3 acres for each additional dwelling unit over 2, excluding road rights-of-way

Table 3 Minimum Lot Areas for Nonresidential Development
Lots existing prior to adoption of this chapter, less than 3 acres
2 acre minimum in a Business Park district
1/2 acre minimum in a Town Center Commercial or Rural Mixed Use District

Table 4 Minimum Lot Areas for Lots That Existed Prior to August 2003
Intended Use of Lot Area	Minimum Lot Area
Single-family structure	Lots existing prior to adoption of this chapter, less than 3 acres, excluding rights-of-way
Two-family structure; multiple-family structure	Lots existing prior to adoption of this chapter, less than 3 acres, plus 1 acre for each additional dwelling unit over 1, excluding road rights-of-way.

Each lot meeting the minimum lot size shall have a designated net project buildable area (NPBA) of one acre or more per dwelling unit, exclusive of road and railroad rights-of-way, wetlands, bodies of water, floodplains, slopes in excess of 25%, drainageway easements, driveway easements and historic or archaeological sites as listed at the Wisconsin State Historic Preservation Office, on the Wisconsin Architecture and Historic Inventory (AHI) or on the National Register of Historic Places. The designated area need not be contiguous, provided that there is at least one contiguous buildable area capable of accommodating the building site, the well and the driveway connections that will serve the lot.

The ratio of depth to width on lots shall be determined as follows:

(1)

The width measurement shall be the average distance parallel to the public road.

(2)

The depth measurement shall be the average distance perpendicular to the public road.

(3)

The ratio of depth to width of a lot shall not exceed 3:1 for lots less than 10 acres.

(4)

The ratio of depth to width of a lot shall not exceed 4:1 for lots 10 acres or greater, inclusive of right-of-way.

(5)

The ratio measurement shall be determined starting at the point where the lot abuts the public road.

(6)

The Town Board shall determine conformance upon the advice of the Town Engineer in accordance with the standard detail plates for the ratio of lot width to depth located in Appendix A.[2]

[2]

Editor's Note: Appendix A is included as an attachment to this chapter.

Side lot lines shall be substantially at right angles or radial to road lines. Lot lines shall follow local jurisdictional and zoning boundary lines rather than cross them. Lots having frontage on two nonintersecting roads shall be avoided except where essential to provide separation of residential development from arterial roads or to overcome specific disadvantages of topography or orientation.

The separation distance between any residence or well and any existing, proposed or abandoned source of contamination shall be pursuant to § NR 812.08(4), Wis. Adm. Code. Specifically, no residence or well in a subdivision shall be located within 1,200 feet of the property line of any property containing an existing, proposed or abandoned refuse or garbage dump, sanitary landfill, hazardous waste treatment facility regulated by the Wisconsin DNR, solid waste site or coal storage facility unless an application for such well is made through Wisconsin DNR.

Land disturbance standards, determined by percent of slope, shall be pursuant to St. Croix County Land Use and Development Ordinance standards, Chapter 13(7)(c), and its successors.

A condominium plat prepared by a land surveyor registered in Wisconsin is required for all condominium plats or any expansions thereof. Such plat shall comply in all respects with the requirements of § 703.11, Wis. Stats., and shall be reviewed and approved or denied in the same manner as a subdivision plat as set forth in the St. Joseph Town Code, Chapter 168. Such plat shall comply with the design standards, improvements, and all other requirements of this chapter that would otherwise apply to subdivision plats, including, but not limited to, those set forth in Articles II through IV of this chapter and Chapter 149 of the Town of St. Joseph Code.

If any part of the proposed subdivision is identified as Preservation Residential in the Comprehensive Plan, then the additional requirements in Article IV of this chapter shall apply.

§ 168-8 Road and access standards.

All roads, driveways, trails and erosion control and stormwater installations shall be built at the subdivider's expense and shall comply with the Town of St. Joseph Code Chapter 149.

Perimeter roads. Roads at the perimeter of the subdivision shall extend to the subdivision boundary. Narrow strips of land between the road and the subdivision boundary (spite strips) shall not be permitted unless conditions are established under which the adjacent parcel can be connected to the road.

Traffic between residential areas and commercial or industrial areas. Roads shall be planned and located so that traffic does not flow directly from residential developments into commercial or industrial developments or vice versa unless the Town Board specifically approves it.

Trails. A satisfactory plan for inclusion of the proposed trail route as outlined in the Comprehensive Plan within any subdivision through land dedication, donation, easement or other means shall be a condition of granting approvals by the Town.

Road access. Access from existing private roads or substandard public roads for major and minor subdivisions shall follow the requirements below:

(1)

When lots of any subdivision created under this chapter will access a private road, the creation of those lots will make that road public. The road in its entirety shall be brought into compliance with all provisions of this chapter and Chapter 149 of the St. Joseph Town Code, including blacktopping, at the expense of the subdivider/owner.

(2)

Applicants may be required to share in the cost of the upgrade to a substandard public road as determined by the Town Board.

(3)

All lots may be subject to future special assessments for any upgrades and improvements to the roads.

(4)

No lot shall be approved that does not have road access as specified in this chapter.

(5)

Each lot shall front upon a public road or upon an approved access easement connecting the lot to a public road.

(6)

All lots or parcels shall have a minimum of 66 feet of road frontage or an approved sixty-six-foot access easement. However, a lot or parcel on the bulb of a cul-de-sac shall have a minimum of 33 feet of road frontage.

(7)

Each lot shall have a driveway access that connects the buildable area to the road from which the lot takes access. The applicant shall demonstrate that the driveway access shall not disturb wetlands, ponds, lakes, slopes or other sensitive areas as identified in this chapter which existed prior to the review of the subdivision.

(8)

All accesses serving three or more lots or parcels shall be dedicated public roads.

(9)

Any private road existing prior to the effective date of this chapter that had served two or more lots or parcels shall be dedicated in its entirety if any additional lots or parcels will take access from the private road.

(10)

If a proposed driveway access location is located on a road other than an access road, the adjoining parcel must be examined to determine if driveway separation standards can be met. If not, the Town Board may require a waiver of driveway access from the owner of the adjoining parcel, or may require the applicant to change the location of the proposed driveway access.

Private roads. The subdivider/owner shall be required to place covenants and/or deed restrictions against properties served by a private road requiring maintenance and/or improvement of that road to be the responsibility of the owners of properties served by the road.

Road acceptance. All roads offered for dedication to the Town shall comply with all requirements of this chapter and of any other applicable Town ordinance. Acceptance of the dedication shall be accomplished pursuant to the provisions of §§ 236.10(3) and 236.29, Wis. Stats. Acceptance of the road as a Town road shall be a separate Town Board action after the road has been constructed and is inspected by the Town or its designee and found to comply with all Town standards. Acceptances will not be done when there is snow cover on the road right-of-way area.

Private roads identification. All the roads which are not to be dedicated to the Town as public roads because they serve two or fewer lots shall be identified on the face of the plat or certified survey map as private roads. The Town Board shall also require that the plat or certified survey map contain a statement warning lot purchasers that the Town does not plow or maintain private roadways.

Building permit issuance. No building permits for a major or minor subdivision shall be issued by the Town until construction of the bituminous base phase has been completed in compliance with the standards herein and until the subdivider/owner has complied with terms of the developer's agreement, required pursuant to Article V, § 168-22B, setting forth the completion of the surface and shoulders.

§ 168-9 Sewer and water requirements.

Every subdivision shall comply with Ch. Comm 83, Wis. Adm. Code, and all sanitary systems shall remain on individual lots except for those allowed in § 168-18D(1).

Every subdivision containing a common sanitary system shall have an adjoining or connected treatment plant or facility, or be hooked up to such a system. Every subdivision containing a common sanitary system above described may have a central water distribution system or be hooked up to such a system.

The facilities herein required shall have the approval of and meet all standards of all regulating agencies. The services and facilities shall be in operation and available on or before such date as the first home in the subdivision will be occupied. The applicant shall submit plans and specifications, letters or other indications of regulatory approval or written agreement with any governmental entity that would be involved in providing the required services. The cost of operation and maintenance of a common sanitary system and/or water distribution system shall be borne solely by the homes connected to the system (e.g., the homes form their own sanitary sewer district or the homeowners' association is responsible to provide for operation and maintenance and recovers cost from the homeowners).

Any well(s), POWTS or common sanitary system(s) determined to be abandoned in the subdivision shall be sealed to retard the movement of contaminants in accordance with standards and requirements of § NR 812.26 (wells) and Ch. Comm 83 (POWTS), Wis. Adm. Code.

§ 168-10 Site preparation and cleanup standards.

The following standards shall be used when any development is undertaken within the Town of St. Joseph:

Protection of vegetation from mechanical injury. Where earthwork, grading, or construction activities will take place in or adjacent to woodlands or other significant vegetation or site features, the Town Board may require that the limit of disturbance be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed before any construction activity starts and shall be maintained throughout the period of construction activity.

Protection of vegetation during construction activity. Existing vegetation that is to be retained following construction activity shall be adequately protected from damage during construction activity. Disturbances to root zones shall be minimized. All disturbed roots shall be cut as cleanly as possible. Disturbed or excavated areas shall be restored or backfilled as quickly as possible.

Protection of topsoil.

(1)

No topsoil shall be removed from the site.

(2)

Before grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site.

(3)

Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized by seeding and disc-anchoring mulch material, hydroseeding, or covering with staked sod, erosion blanket, riprap, or other similar methods approved by the Town Engineer.

(4)

Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.

§ 168-11 Engineer's approval.

The adequacy of any facilities or improvements and the proper installation thereof shall be subject to the approval of an engineer hired for such purpose by the Town. All costs and expenses incurred regarding hiring of such engineer by the Town Board shall be borne by the subdivider/owner. If corrective action is required, it shall be described in writing by the engineer, provided to the subdivider/owner and corrected by the subdivider/owner within the time stated. If the corrective action is not completed within the specified time, the Town may use the financial guarantee to complete the corrective action.

§ 168-12 Easements.

In addition to the utility, drainage and access easements required for preliminary plat under § 168-5C(2)(a)[32], the Town Board may require easements of width deemed adequate to the Town Board for electric power and communication facilities, storm and sanitary sewers, roads and gas, water or other utility lines. Where such easements are specifically located in the area being subdivided, they shall be so placed as not to interfere unreasonably with the use and enjoyment of the property for residential or other purposes. The Town Board shall have the authority, but not the obligation, to assess costs of maintaining easements to all landowners in the development.