[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 11-5-1990
as Ch. 18 of the 1990 Code; amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 9.
Building construction — See Ch. 122.
Numbering of buildings — See Ch. 126.
Driveways — See Ch. 153.
Mobile homes and mobile home parks — See Ch. 210.
Streets, sidewalks and public places — See Ch. 268.
Water and sewers — See Ch. 293.
Zoning — See Ch. 300.
In accordance with the authority granted by § 236.45, Wis.
Stats., and for the purposes listed in §§ 236.01 and 236.45(1),
Wis. Stats., the provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity and general
welfare of the Village. However, this chapter shall not repeal, impair or
modify private covenants or public ordinances, except that it shall apply
whenever it imposes stricter regulations on land use.
As used in this chapter, the following terms shall have the meanings
indicated:
A public or private right-of-way shown on a subdivision map or plat
which provides secondary access to a lot, block or parcel of land.
A street designed and used for through traffic.
A street designed and used as an intermediate public thoroughfare,
collecting traffic from minor street and channeling it to arterial streets.
Land within the corporate limits of the Village which is, at the
time a division of land is created, served by or physically and legally capable
of being served by municipal sewer and water service, electrical service,
the mains or lines whereof have been previously extended to or adjacent to
the land in question, and is so located adjacent to improved public streets
and, where required, sidewalks.
The act of splitting the legal description of a lot, parcel or tract
of land into two or more lots, parcels or tracts of land, whether by means
of a deed, certified survey map or plat.
All units of land legally described, whether referred to as a lot,
parcel or tract of land, having frontage on a public street, intended to be
used as a unit for the purpose, whether immediate or in the future, or transfer
of ownership or building development and use.
A public way or thoroughfare dedicated to the public and set forth
on the face of a subdivision mat or plat subject to this chapter.
Includes any division of a lot, parcel or tract of land by the owner
or his or her agent for the purpose of sale or building development where:
The provisions of this chapter shall not apply to:
A.
Transfers of interest in land by will or pursuant to
court order.
B.
Leases for a term not to exceed 10 years, mortgages or
easements.
C.
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and the lots
resulting are not reduced below the minimum sizes required by this chapter
or other applicable laws or ordinances.
D.
A division of a parcel, lot or tract of land in a developed
area of the Village where each created and existing , reduced in size parcel,
lot or tract is served by municipal sewer and water at the time of division.
No division of land within the Village or within its extraterritorial
jurisdiction shall be permitted if it results in a subdivision, unless a plat
of the subdivision is submitted and approved in accordance with this chapter
and Ch. 236, Wis. Stats.
No subdivision shall be approved which does not conform to Chapter 300, Zoning, of the Village Code and the Comprehensive Plan of the Village, either within the Village limits or in its extraterritorial planning area.
A.
The subdivider shall be responsible for the installation
or construction of all improvements required by the Planning Commission with
the exception of sidewalks and streetlighting.
B.
For all subdivision improvements required to be installed
by him/her, the subdivider shall provide satisfactory proof that he/she has
contracted to install such improvements or shall file a performance bond insuring
installment of such improvements within the time required by the Planning
Commission and Board.
C.
The specifications for all improvements shall be approved
by the Planning Commission. Prior to either acceptance of the improvement
by the Board or release of the subdivider's bond, all improvements shall be
inspected and found to have been installed according to the specifications.
A.
Before submitting a preliminary plat to the approval process under § 272-8, each subdivider is encouraged to prepare, for review by the Village administrative staff, a concept design of the proposed subdivision. Said design shall contain such information as: site location, showing adjacent streets and subdivisions; boundaries of proposed subdivision; proposed street layout; approximate topographic features; proposed lot layout; easements, existing and proposed; and proposed surfaced water drainage.
B.
No fee shall be charged for the concept design review.
The purpose shall be to provide a general overview of the compliance of the
proposed subdivision with existing rules and regulations.
A.
The subdivider shall submit to the Planning Commission,
and to those agencies having the authority to object to plats under the provisions
of Ch. 236, Wis. Stats., a preliminary plat based upon an accurate exterior
boundary survey by a registered land surveyor which shall show clearly the
proposed subdivision at a scale of not more that one inch per 100 feet, having
two-foot contour intervals, identify proposed improvements (grading, tree
planting, paving, installation of facilities and dedications of land) and
easements which the subdivider proposes to establish. The subdivider shall
also indicate by accompanying letter a time or times when the improvements
will be constructed or provided. Any proposed restrictive covenants for the
land involved shall be submitted for review as pertaining to their compliance
with Village regulations.
B.
After review of the preliminary plat and negotiations
with the subdivider on changes advisable and the kind and extent of public
improvements which will be required, the Planning Commission shall, unless
the time is extended upon agreement with the subdivider, reject or approve
conditionally the preliminary plat within 90 days, as provided by statute.
C.
Upon the establishment of specific types and locations
and size and extent of improvements which subdivider shall be required to
construct, the Planning Commission, on behalf of the Village, and subdivider
shall enter into a development contract under the terms of which the subdivider
shall agree to his/her responsibilities as to subdivision improvements. In
said contract the subdivider shall bind himself/herself to provide either
a sum certain in cash, certificates of deposit or a bond to guarantee faithful
performance in accord with the contract. The failure of the subdivider to
act consistent with the contract prior to final plat approval shall constitute
cause for refusal to issue building or occupancy permits for lots created
by the subdivision.
D.
Approval of the preliminary plat and execution of a development
contract shall entitle the subdivider to final approval of the layout shown
by such plat, provided that the final plat conforms substantially to such
layout and conditions of approval have been met.
E.
No preliminary plat shall be approved which does not
conform in all respects with applicable ordinances of the Village, including
but not limited to zoning, building construction, streets, sidewalks and utilities.
A.
Final plats shall be submitted to the Planning Commission
within 24 months of preliminary plat acceptance unless this requirement is
waived, in writing, by the Planning Commission.
B.
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and state
laws and shall be submitted for certification by those agencies having the
authority to object to the plat as provided by § 236.12(2), Wis.
Stats.
C.
The final plat shall be accompanied by detailed construction plans of all improvements, together with an executed copy of the development contract required under § 272-8C.
D.
The final plat shall be presented to the Planning Commission
at its regular meeting prior to the meeting at which it is to be considered
and shall be accepted or rejected by the Planning Commission and the Board
within 60 days of its submission, unless the time is extended by an agreement
with the subdivider. Reasons for rejection shall be stated in the minutes
of the Board meeting, and a copy of such reasons shall be given to the subdivider.
E.
Approved final plats shall be recorded in accordance
with the statutory requirements prior to the time that lots are offered for
sale, reference is made to the map for sale purposes or use is made of lot
and block numbers shown on the plat.
F.
If the original of the final plat has been filed with
another approving authority, the subdivider shall file a true copy of such
plat with the Village in lieu of the original. Before the approval of the
Planning Commission and Board will be inscribed on the original of the final
plat, the surveyor or subdivider shall certify the respects in which the original
of the final plat differs from the true copy, and all modifications shall
first be approved.
A.
General.
(1)
The subdivider shall dedicate land for and improve streets,
which shall conform to the Comprehensive Plan and be located with consideration
for topographical conditions, natural features, existing and proposed streets,
utilities and land uses and public convenience and safety.
(2)
All lots shall have sufficient frontage on a public street
to allow vehicular access.
(3)
After installation of all utilities, the owner, the subdivider or both shall surface all streets that are proposed to be dedicated to the Village to widths and standards as prescribed by this chapter. The surfacing shall include subbase material, gravel base, bituminous or portland concrete, as per Wisconsin Department of Transportation standards for the proposed and or anticipated use. Curb and gutter shall be installed as per § 272-12A(4). All costs incurred for plans and specification approval and construction costs associated therewith shall be the responsibility of the subdivider until such time that the streets have been approved and accepted by the Village Board.
(4)
Before approval by the Planning Commission, the subdivider
shall submit plans and specifications to the Village Engineer for approval.
This submittal shall include design criteria for both base course material
and pavement.
(5)
At time of construction, the subdivider shall construct
streets in accordance with the approved plans and specifications and shall
notify the Village Engineer of the construction schedule so that he/she may
inspect the construction to ensure conformation with plans and specifications,
or the subdivider shall have the Village design and install streets in conformance
with this chapter and assess costs of street construction to the subdivider
in accordance with Village assessment policy and the Wisconsin Statutes.
(6)
Before Village acceptance of streets, the Village Engineer
shall inspect the streets to ensure that construction has conformed to plans
and specifications, and the Village Engineer shall submit a written report
and recommendation to the Village Board for its acceptance of the project.
B.
Urban section. The minimum right-of-way and roadway width
of all proposed streets and alleys in urban sections shall be as follows:
|
Type of Street
|
Right-of-Way Width
To Be Reserved
(feet)
|
Right-of-Way Width
To Be Dedicated
(feet)
|
Pavement Width
(Face of Curb
to Face of Curb)
(feet)
|
|---|---|---|---|
|
Arterial
|
120
|
80
|
36 dual
|
|
24 median
| |||
|
Collector
|
80
|
80
|
48
|
|
Minor, 1,000 feet or more in length
|
66
|
66
|
36
|
|
Minor, less than 1,000 feet in length, cul-de-sac and frontage
|
66
|
66
|
36
|
|
Alleys
|
25
|
25
|
20
|
|
Pedestrianways
|
10
|
10
|
5
|
C.
Grades.
(1)
Unless necessitated by exceptional topography, subject
to the approval of the Planning Commission, the maximum center-line grade
of any street or public way shall not exceed the following:
(2)
The grade of any street shall not exceed 12% or be less
than 0.5%. Street grades shall be established wherever practicable so as to
avoid excessive grading, removal of ground cover and tree growth and general
leveling of the topography.
D.
Curves. When a continuous street center line deflects
at any one point by more than 10%, a circular curve shall be introduced having
a radius of curvature on such center line of not less that the following:
E.
Continuation. Streets shall be laid out to provide for
continuation wherever topographic and other physical conditions permit.
F.
Through traffic on minor streets discouraged. Minor streets
shall be laid out so as to discourage their use by through traffic.
G.
Number of intersections. The number of intersections
of minor streets with major streets shall be reduced to the practical minimum
consistent with circulation needs and safety requirements.
H.
Where a subdivision abuts or contains an existing or
proposed arterial highway, the Planning Commission shall require a frontage
road, nonaccess reservation along the rear of the property contiguous to such
highway or such other treatment as may be necessary to ensure safe, efficient
traffic flow and adequate protection of residential properties.
I.
Reserve strips controlling access to streets shall be
prohibited.
J.
A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets.
K.
Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
L.
Dedication of half-width streets shall be prohibited.
M.
Permanent dead-end streets or culs-de-sac shall not be
longer than 1,000 feet, shall have a minimum width of 50 feet and terminate
with a turnaround having an outside roadway diameter of at least 80 feet and
a street property line of 100 feet.
N.
Where possible, lot lines shall be perpendicular to the
street line and to the tangent at the lot corner or curved streets.
O.
Lots shall follow, rather than cross, municipal boundary
lines whenever practicable.
P.
No street names shall be used which duplicate or may
be confused with the names of existing streets. Street names shall be subject
to the approval of the Planning Commission.
A.
General. The lengths, widths and shapes of blocks shall
be appropriate for the topography and the type of development contemplated.
B.
Sidewalks. To provide access and circulation to community
facilities, sidewalks shall be designed by the subdivider along both sides
of streets and, where a block exceeds 1,000 feet in length, through the center
of blocks. Center crosswalks shall not be less than 10 feet wide. The subdivider
shall install the center crosswalks where required. The Planning Commission,
in consultation with the subdivider and taking into consideration public welfare
and safety concerns, together with aesthetics, both in the subdivision itself
and throughout the Village, may modify these requirements on a case-by-case
basis.
D.
The Planning Commission shall exercise, on behalf of
the Village, approval authority as to the location and species of trees which
may be planted by the subdivider or successors in interest in boulevards or
streets created by the act of subdividing.
A.
In accordance with specifications approved by the Planning
Commission, the subdivider shall provide for each lot the following:
(1)
Adequate sewer and water facilities.
(2)
Streets, of urban design with base and subbase preparation
done to meet Wisconsin Department of Transportation standards for the proposed
and/or anticipated use.
(3)
Paving, done in asphaltic or portland concrete.
(4)
Curb and gutter, done in a 6-24 design of portland concrete.
(5)
Surface water drainage and/or storage structures, meeting
all state and local regulations.
(6)
Streetlighting facilities.
B.
The installation of curb and gutter shall be waived where
rural road sections have been approved by the Planning Commission.
C.
It shall be the responsibility of the subdivider to design adequate street lighting for the entire subdivision so as to fulfill Subsection A(6) above. Insofar as the Village shall be responsible for its installation, the Planning Commission shall, on its behalf, approve all streetlighting plans.
D.
Each subdivision approved of under this chapter shall
be designed so as to require that all utilities' service lines shall be placed
underground.
A.
The Planning Commission shall require easements for poles,
wires, conduits, storm and sanitary sewers, gas, water and head mains or other
utility lines. Easements for utility services such as those enumerated shall
be at least 10 feet wide and may run across lots or alongside of rear lot
lines, subject to the preference that easements be located along the rear
lot lines. No buildings or other structures shall be erected upon or over
these easements. In addition, a one foot wide easement shall be dedicated
at and immediately behind the front lot line for installation by the Village
Water Utility of a waterline cutoff valve.
B.
The Planning Commission shall require that easements
or drainageways be provided where a subdivision includes a segment or segments
of watercourses, drainageways, channels or streams.
A.
During the preliminary plat review process, the Planning
Commission shall take into consideration the location of the proposed subdivision
as it relates to existing parks, open spaces and public grounds, the site
of the proposed subdivision and the potential population on the projected
lots in determining whether and to what extent a dedication shall be required
for public recreational and open space needs. In making this determination,
the Planning Commission may require that up to, but not exceeding, 10% of
the total land area of the proposed plat or a sum of money equivalent to the
average land value of the subdivision when platted, as agreed upon and between
the subdivider and the Village or as determined by a real estate appraiser
retained by the Village, be dedicated to the Village.
B.
In the specific case of a subdivision in which multifamily housing units will or may be constructed, the subdivider shall establish an area of land of sufficient size to be used as a tot lot or playground for children. The Planning Commission shall determine its size as based upon the projected population of the multifamily housing units which could or may be built in the subdivision, using the maximum number of potential units as would be permitted under Chapter 300, Zoning. In the sole description of the Village, it may or may not decide to accept a dedication of a tot lot. In the event that it does not decide to accept such dedication, the subdivider shall take adequate legal steps to make it available for use by residents of the subdivision.
Where the Planning Commission finds strict compliance with these regulations
shall not accomplish the purposes of the Village subdivision chapter or shall
result in expenses or physical layout requirements inordinate to the scope
of the proposed subdivision, it shall recommend to the Board such exceptions
to the chapter so that substantial justice shall be done and the public interest
secured, provided that such exceptions shall not have the effect of nullifying
the intent and purpose of this chapter, and provided that the Planning Commission
shall not recommend exceptions to the regulations of this chapter unless it
makes findings based upon the evidence presented to it in each specific case
that:
A.
The granting of the exception shall not be detrimental
to the public safety, health or welfare or injurious to other property or
improvements in the neighborhood in which the subdivision is located.
B.
The conditions upon which the request for an exception
is based are unique to the subdivision or the individual lot therein for which
the exception is sought and are not applicable, generally, to other property
in the Village.
C.
Because of the particular physical surroundings, shape
or topographical conditions of the specific subdivision or the individual
lot therein involved, a hardship to the owner would result if the strict letter
of the regulations were enforced. For purposes of this section, hardship shall
not include economic factors personal to the subdivider or his/her successors
in interest. It shall be limited to physical inability to use the property
in question to purposes permissible in the zoning district in which the subdivision
is situated.
A.
Pursuant to § 61.34(1), Wis. Stats., in the interest of the government and good order of and for the prudent management of the Village finances and for the convenience of the public it is deemed to be in the public's best interest to require all persons who apply for and receive subdivision approvals where as a condition to the granting of such approval it is required that an improvement for public use and benefit shall be installed, built or constructed or other specified performance is required, the subdivider shall, in accord with Subsection B, below, file a bond or irrevocable letter of credit with the Village Clerk-Treasurer guaranteeing his/her performance. This section is for the expressed purposes of ensuring that subdividers complete agreed upon obligations to the Village and to prevent the Village, should it be required to complete performance of conditions, from having to use taxpayers monies to do so.
B.
Each subdivider of lands who obtains approval of a land
division from the Village which is conditioned upon his/her/its faithful performance
in favor of the public, including but not limited to the installation of improvements
or performance of other specified obligations, shall be required to post a
bond or irrevocable letter of credit in favor of the Village to guarantee
his/her/its performance in accord with the required specifications. Each such
bond or letter of credit shall be in such amount as will fully indemnify the
Village against the cost of securing the completion of such performance or
in such lesser amount as the Village deems to be adequate. As progress toward
accomplishing the performance is made, in the sole discretion of the Village,
the amount of the bond or letter of credit may be reduced.
If, pursuant to the terms of this chapter, a development agreement is
required to be executed by the subdivider, or if in order to comply with terms
and conditions of a conditional use permit or to meet requirements resulting
from a rezoning certain obligations are imposed upon the subdivider, the subdivider
shall be required to execute a development agreement which shall be drafted
in such a form as to fulfill the objectives or standards of the Village. Such
an agreement may include, but shall not be limited to, terms and conditions
such as the timing of performance or installation of improvements, the posting
of adequate performance bonds, penalties for nonperformance and the quality
or quantity of materials or supplies to be incorporated in required improvements.
The failure or refusal of a subdivider to execute such an agreement shall
constitute grounds for denial of or cessation of processing of a subdivision
application under this chapter.
The Building Inspector or his or her designated representative shall
see that the provisions of this chapter are enforced. No land use permit shall
be issued for construction on any lot until the final plat for the subdivision
has been duly recorded or a certified survey map is recorded.
In designing a subdivision, the subdivider shall comply with all applicable
state and federal rules and regulations. Failure to do so shall constitute
grounds for refusal to grant final approval of plat.
