These regulations are adopted under the authority
granted by § 236.45, Wis. Stats.
The purpose of this chapter is to regulate and
control the division of land within the corporate limits of the City
and its extraterritorial plat approval jurisdiction in order to promote
the public health, safety, morals, prosperity, aesthetics and general
welfare of the City and its environs.
It is the general intent of this chapter to
regulate the division of land so as to:
A.
Obtain the wise use, conservation, protection and
proper development of the City's soil, water, wetland, woodland and
wildlife resources and attain a proper adjustment of land use and
development to the supporting and sustaining natural resource base.
B.
Lessen congestion in the streets and highways.
C.
Further the orderly layout and appropriate use of
land.
D.
Secure safety from fire, panic and other dangers.
E.
Provide adequate light and air.
F.
Facilitate adequate provision for housing, transportation,
water supply, stormwater, wastewater, schools, parks, playgrounds
and other public facilities and services.
G.
Secure safety from flooding, water pollution, disease
and other hazards.
H.
Prevent flood damage to persons and properties and
minimize expenditures for flood relief and flood-control projects.
I.
Prevent and control erosion, sedimentation and other
pollution of surface and subsurface waters.
J.
Preserve natural vegetation and cover and promote
the natural beauty of the City.
K.
Restrict building sites in areas covered by poor soils
or in other areas poorly suited for development.
L.
Facilitate the further division of larger tracts into
smaller parcels of land.
M.
Ensure adequate legal description and proper survey
monumentation of subdivided land.
N.
Provide for the administration and enforcement of
this chapter.
O.
Provide penalties for its violation.
P.
Implement those City, county, watershed or regional
comprehensive plans or their components adopted by the City and, in
general, facilitate enforcement of City development standards as set
forth in the adopted regional, county and City comprehensive plans,
adopted plan components, the Zoning Code, the Official Map and the
Building Code of the City.[1]
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 law. 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 City and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes.
The City does not guarantee, warrant or represent
that those soils listed as being unsuited for specific uses are the
only unsuitable soils in the City and its extraterritorial plat review
jurisdiction. Furthermore, the City does not guarantee, warrant or
represent that only those areas designated as floodlands will be subject
to periodic inundation. The City hereby asserts that there is no liability
on the part of the City, its agencies or its employees for sanitation
problems, structural damage or flood damages that may occur as a result
of reliance upon and conformance with this chapter.
Jurisdiction of these regulations shall include
all lands within the corporate limits of the City and those lands
within the extraterritorial jurisdiction of the City as established
in §§ 62.23(7a) and 66.0105, Wis. Stats. The provisions
of this chapter, as it applies to divisions of tracts of land into
fewer than five parcels, shall not apply to the following:
A.
Transfers of interests in land by will or pursuant
to court order.
B.
Leases for a term not to exceed 10 years, mortgages
or easements.
C.
Sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and
the lots resulting are not reduced below the minimum sizes required
by these regulations, the zoning ordinances or other applicable laws
or ordinances.
D.
Cemetery plats made under § 157.07, Wis.
Stats.
E.
Assessor's plats made under § 70.27, Wis.
Stats., but such assessor's plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person shall divide any land located within
the jurisdictional limits of these regulations so that such division
results in a subdivision, minor land division or replat as defined
herein; no such subdivision, minor land division or replat shall be
entitled to recording; and no street shall be laid out or improvements
made to land without compliance with all requirements of this chapter
and the following:
A.
Chapter 236, Wis. Stats.
B.
Rules of the Wisconsin Department of Commerce regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.
C.
Rules of the Wisconsin Department of Transportation
relating to safety of access and the preservation of the public interest
and investment in the highway system if the land owned or controlled
by the subdivider abuts on a state trunk highway or connecting street.
D.
Rules of the Wisconsin Department of Natural Resources
setting water quality standards preventing and abating pollution and
regulating development within floodland, wetland and shoreland areas.
E.
Duly approved Comprehensive Plan or Area Development
Plan of the City.
F.
The Zoning Code and all other applicable local and
county ordinances.
G.
A developer's or subdivider's agreement between the
City and the developer or subdivider.
A.
Streets, highways and drainageways. Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drainageway or other public way which has been designated in the Comprehensive Plan or Area Development Plan or on the Official Map of the City, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in Article IV of this chapter. Streets within the extraterritorial plat review jurisdiction of the City shall be dedicated by the subdivider to the appropriate town. Should the town require less dedication than is specified by Article IV of this chapter or by the Official Map, the excess right-of-way shall be reserved for future acquisition by the City.
[Amended 3-15-2007 by Ord. No. 2007-05]
B.
Other public sites. Whenever a proposed park or other
public land other than streets or drainageways designated in the Comprehensive
Plan, the Official Map or adopted plan components of the City is embraced,
all or in part, in a tract of land to be subdivided, these proposed
public lands shall be made a part of the plat and shall be reserved
by the subdivider for a period not to exceed two years unless released
by the City or extended by mutual agreement for acquisition by the
City at undeveloped land costs. In the event that the subdivider and
the City cannot agree on the sale price, the City shall commence condemnation
or release the land.
[Added 5-18-2006 by Ord. No. 2006-08; amended 5-17-2007 by Ord. No. 2007-13]
A.
Introduction. The following provisions are established
to preserve and provide properly located public sites and open spaces
as the community develops, and to ensure that such public sites and
open spaces are provided and developed to serve the need for neighborhood
and area parks generated by the additional persons brought into the
areas by such development, in accordance with standards for such neighborhood
and area parks as adopted in the City's parks and open spaces plan,
as approved from time to time. These provisions are intended to apply
to all lands proposed to be developed for residential purposes, including
single-family, duplex, and multifamily plats, land divisions, residential
condominiums and residential planned developments.
(1)
In the design of the proposed plat, land division
or condominium, due consideration shall be given to the reservation
of suitable sites of adequate area for future schools, parks, playgrounds,
drainageways and other public purposes. In the location of such sites,
consideration shall be given to the preservation of scenic and historical
landmarks and sites; watercourses, streams, lakes, ponds, marshes
and their accompanying watersheds; and significant woodland, prairie
and wetland plant and animal communities. Consideration shall also
be given to solar access where the location of open space lands provide
greater achievement of solar access objectives and requirements of
the entire subdivision.
(2)
Outside the corporate limits but within the extraterritorial
plat limits, where it is recommended by the Plan Commission and determined
by the Common Council that a portion of the plat or planned development
is required for such public sites or open spaces, the subdivider may
be required to dedicate such area to the municipality having jurisdiction,
or otherwise provide for said public land as agreed to by the City,
the affected township and Jefferson County. Where such dedication
or other provision is not required, the developer may be required
to reserve such area for a period not to exceed five years, after
which the City, county or township in which the land is located shall
either acquire the property or release the reservation.
(3)
Within the corporate limits of the City, where feasible
and compatible with the comprehensive plan for development of the
City, the subdivider shall provide and dedicate to the public adequate
land to provide for the park and recreation needs of the plat and
land division.
B.
Land dedication.
(1)
The required land dedication to meet community park
and open space needs shall be 1,200 square feet of land for every
proposed single-family and duplex dwelling unit; and 700 square feet
for every proposed multifamily dwelling unit other than duplex units.
Where a definite commitment has been made by the subdivider and City
on the number of dwelling units to be provided on a multifamily lot,
the dedication shall be based on that number. Where no such commitment
exists, the dedication shall be based on the maximum number of dwelling
units the lot will support for zoning purposes, exclusive of open
space and other public lands.
(2)
The Plan Commission shall determine that any land
to be dedicated as a requirement of this section shall be reasonably
adaptable to meet desirable on-site facilities as outlined in City's
parks and open spaces plan, and shall so recommend to the Common Council.
Factors used in evaluating the adequacy of proposed park and recreation
areas shall include size and shape, topography, geology, tree and
other plant cover, access and location.
C.
Private open spaces. Where private open space for
park and recreational purposes is provided in a proposed plat, land
division or development and such space is to be privately owned and
maintained by the future residents of the subdivision, such areas
shall be credited against the requirement of dedication for park and
recreation purposes, provided the Common Council finds that the following
standards are met:
(1)
That yards, court areas, setbacks and other open areas
required to be maintained by City ordinances shall not be included
in the computation of such private open space; and
(2)
That the private ownership and maintenance of the
open space is adequately provided for by recorded, written agreement
and open space easement; and
(3)
That the use of the private open space is restricted
for park and recreational purposes by recorded covenants which run
with the land in favor of the future owners of property within the
tract and which cannot be defeated or eliminated without the consent
of the Common Council; and
(4)
That the Common Council, after recommendation from
the Plan Commission, determines that the proposed private open space
is reasonably adaptable for use for park and recreational purposes,
taking into consideration such factors as size, shape, topography,
geology, access and location of the private open space land; and
(5)
That facilities proposed for the open space are in
substantial accordance with the provisions of the City's Master Plan,
and are approved by the Common Council.
Before final approval of any plat, the subdivider
shall enter into an agreement with the City to install the required
improvements and shall file with the subdivider's agreement an irrevocable
letter of credit or other appropriate sureties meeting the approval
of the City Attorney equal to 125% of the estimated cost of the improvements.
Improvement cost estimates shall be made by the developer, reviewed
by the Director of Public Works and approved by the Council. The improvements
may be installed after approval of a preliminary plat or certified
survey map by the subdivider or his subcontractors, but not later
than one year from the date of recording of the final plat, or as
provided in the subdivider's agreement. The subdivider's agreement
shall specify a completion date for all improvements. In addition:
A.
Plans and specifications for all improvements shall
be reviewed and approved by the Director of Public Works, in writing,
prior to commencement of construction. The subdivider may submit an
interim final plat with the improvement plans; however, review and
approval of a final plat shall not be initiated until the improvement
plans have been reviewed and approved and until the subdivider's agreement
has been fully executed.
B.
Contracts and contract specifications for the construction
of street and utility improvements on dedicated street rights-of-way,
as well as the contractors and subcontractors providing such work,
shall be subject to the prior written approval of the Director of
Public Works in accordance with City standards and specifications.
C.
Governmental units to which these bond and contract
provisions apply may file, in lieu of said contract and bond, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section.
D.
Before final approval of any plat within the City
or its extraterritorial jurisdictional limits, the subdivider shall
install survey monuments placed in accordance with the requirements
of § 236.15, Wis. Stats., and as may be required by the
Director of Public Works.
E.
Prior to the acceptance of a final plat, the subdivider
shall furnish, when required by the City, a consent and waiver of
the statutory provisions for special assessments for the installation
of sanitary sewer, storm sewer, stormwater detention facilities, sewer
laterals, water main, streetlighting, street signs, street terrace
trees, water laterals, curb and gutter, sidewalks, street surfacing,
underground streetlighting services and all other utilities, which
shall be in a form approved by the City Attorney, pursuant to § 66.0703(7)(b),
Wis. Stats., and shall be recorded in the office of the Register of
Deeds in the same manner as a lis pendens. Such consent and waiver
shall provide that the installation of such services shall be made
at the discretion of the Council.
[Amended 6-3-2010 by Ord. No. 2010-05]
A.
Suitability.
No land shall be subdivided for residential, commercial, industrial,
or any other use which is held unsuitable for such use by the Common
Council, upon the recommendation of the Plan Commission, for reason
of flooding, inadequate drainage, adverse soil or rock formation,
unfavorable topography or any other feature likely to be harmful to
the health, safety or welfare of the future residents of the proposed
subdivision or of the community. The Common Council, in applying the
provisions of this section, shall in writing recite the particular
facts upon which it bases its conclusion that the land is not suitable
for the specified use and afford the subdivider an opportunity to
present evidence regarding such unsuitability if he so desires. Thereafter
the Common Council, upon recommendation of the Plan Commission, may
affirm, modify, or withdraw its determination of unsuitability.
B.
Existing
flora. The subdivider shall make every effort to protect and retain
all existing trees, shrubbery, vines and grasses not actually lying
in public roadways, drainageways, building foundation sites, private
driveways, soil absorption waste disposal areas, paths and trails.
Such trees are to be protected and preserved during construction in
accordance with sound conservation practices, possibly including the
preservation of trees by well islands or retaining walls whenever
abutting grades are altered, pursuant to a landscaping plan filed
by the subdivider.
C.
Environmental
assessment. The following environmental assessment[1] shall be prepared for review, if possible, at the preapplication conference referred to in § 380-13 below. The information sought will assist the Plan Commission and City Council in determining the suitability of the land for development as required by Subsection A, Suitability, and to assess the potential threat to existing flora under Section B. All "yes" answers must be explained in detail by attaching maps and supporting documents describing the impact of the proposed development.
[1]
Editor’s Note: Said environmental assessment is included as an attachment to this chapter.
D.
Environmental criteria. The following criteria shall serve as guidelines to assist the Plan Commission and City Council in determining suitability of the land for development under this § 380-11:
(1)
Recommendations as to soil suitability contained in the Soil Conservation
Service Soil Survey of Jefferson County shall govern.
(2)
Land with slopes between 12% and 20% will require special design
for limiting stormwater runoff and erosion and for sewerage systems.
(3)
Development is prohibited on land with slopes equal to or greater
than 20%. Under extraordinary circumstances, the City Council may
permit development on land with slopes equal to or greater than 20%
only if all of the following minimum criteria are met:
(a)
At least 60% of each building lot shall remain undisturbed and
in its natural state. Existing trees and vegetation on the undisturbed
portion shall not be removed by the development.
(b)
Plans and design calculations acceptable to the City Engineer
are submitted for retaining walls and other erosion control measures
for each lot.
(c)
Lots large enough so that no buildings or driveways shall be
constructed on or through land with existing slopes of 20% or greater
while maintaining normal building setbacks.
(d)
The soils shown on the Jefferson County Soil Survey Map for
the land have no more than a "slight" erosion hazard potential as
determined by the Soil Conservation Service.
(e)
The soil limitations for dwellings with basements, local streets
and roads, septic tank if applicable) shall be no greater than moderate
as determined by the Soil Conservation Service.
(f)
A special public hearing having been held to assess effects
of the specific property on surrounding property owners.
(g)
Such special studies of soils, slope stability, stormwater runoff,
erosion and safety as have been requested by the Plan Commission having
been conducted by the developer and presented to the City Council
prior to official submittal of the preliminary plat.
(4)
Soils with severe erosion hazard potential as determined by the Soil
Conservation Service will require special design to limit stormwater
runoff and erosion.
(5)
No structure will be constructed with a basement floor below the
normal groundwater elevation. Groundwater level shall be determined
by a minimum of three soil borings.
(6)
Lands known to be habitat for endangered species, as determined by
the Department of Natural Resources Bureau of Endangered Resources,
shall not be developed unless methods, satisfactory to the DNR, are
implemented to protect such species and/or habitat.
(7)
Areas of archaeological and/or historical interest shall be designated
by the State Historical Society.
(8)
Areas of geological interest shall be designated by the State Geological
and Natural History Survey.
(9)
Suitability of land for private sewerage systems shall be determined
in accordance with Ch. Comm 83, Wis. Adm. Code.
(10)
Public utilities shall not be extended through or around vacant
land to serve new development.
(11)
Development of shore land or wetlands shall be governed by Chapter
16 of the Jefferson County Code.
The terms used in this chapter shall be defined
as follows:
A public or private way which provides secondary access to
a lot, block or parcel of land.
A map adopted by the Council indicating the physical layout
of future streets, alleys, culs-de-sac, drainageways and easements.
A parcel, lot or group of lots existing within well-defined
and fixed boundaries, usually being an area surrounded by streets
or other physical barriers and having an assigned number, letter or
other name through which it may be identified.
The distance from the boundaries of a lot or center line
of a street within which structures or buildings shall not be erected.
A map of a subdivision of land prepared in accordance with § 236.34,
Wis. Stats.
The official guide for the physical, social and economic
growth of the City of Waterloo or its constituent parts, properly
enacted or adopted according to statute, which is now or may hereafter
be in effect.
A period of time commencing on February 1 and ending on the
next January 31.
A public right-of-way traversing a block for the purpose
of providing pedestrian access.
A short minor street having one end open to motor traffic
and the other end terminated by a vehicular turnaround.
A street having only one outlet for vehicular traffic and
no vehicular turnaround.
The act of constructing buildings or installing site improvements.
A lot having frontage on opposite property boundaries with
public streets.
Any strip of land reserved by the subdivider for public utilities,
drainage, sanitation or other specified uses having limitations, the
title to which shall remain in the property owner, subject to the
right of use designated in the reservation of the servitude.
The map or drawing of a subdivision prepared in compliance with the provisions of Ch. 236, Wis. Stats., and any accompanying material as described in § 380-22 of this chapter.
The length of the front property line of the lot, lots or
tract of land abutting a public street, road, highway or rural right-of-way.
The slope of a road, street or other public way specified
as a percentage.
Any sanitary sewer, storm sewer, drainage ditch, stormwater
detention facility, water main, roadway, streetlighting, street sign,
street terrace tree, parkway, sidewalk, pedestrianway, planting strip,
off-street parking area or other facility for which the local municipality
may ultimately assume the responsibility for maintenance and operation.
A trafficway in respect to which owners or occupants of abutting
property or lands and other persons have no legal right of access
to or from the same except only at such points and in such manner
as may be determined by the public authority having jurisdiction over
such trafficway.
Includes the county as well as towns, villages and cities.
A buildable parcel of land represented and identified in
a subdivision, as defined below.
A division of land other than a subdivision.
A residential living environment where the internal street
system discourages through traffic and where major thoroughfares preferably
bound the neighborhood and provide maximum pedestrian accessibility
to centrally located community buildings, schools and playgrounds.
Local shops to meet daily household needs are grouped together at
accessible points providing a harmony of design and development.
The map of the City adopted pursuant to the Wisconsin Statutes
showing streets, highways, parkways, parks and playgrounds and the
exterior lines of planned new streets, highways, parkways, parks or
playgrounds.[1]
A map of a subdivision.
A map showing the salient features of a proposed subdivision
submitted to the Council for purposes of preliminary consideration.
The changing of the boundaries of a recorded subdivision
plat or part thereof.
Corner lots with no provision for extra width to permit the
side yard to be the same as the front yard on that side.
A strip of land occupied or intended to be occupied for a
special use. Rights-of-way intended for streets, crosswalks, water
mains, sanitary sewers, storm drains or any other use involving maintenance
by a public agency shall be dedicated to public use by the maker of
the plat on which such right-of-way is established. The usage of the
term "right-of-way" for land platting purposes shall mean that every
right-of-way hereafter established and shown on a final plat is to
be separate and distinct from the lots or parcels adjoining such right-of-way
and not included within the dimensions or areas of such lots or parcels.
The surface portion of the street available for vehicular
traffic.
An approved public street generally paralleling and contiguous
to a main traveled way, primarily designed to promote safety by eliminating
ingress and egress to the right-of-way and providing safe and orderly
points of access at fairly uniformly spaced intervals.
A septic tank seepage tile sewage disposal system or any
other sewage treatment device approved by the Building Inspector as
being in accordance with the rules of the Department of Commerce and
the Department of Natural Resources and servicing only one building
site.
[Amended 3-15-2007 by Ord. No. 2007-05]
An area in the City which, in the opinion of the Council,
may be readily and feasibly served by sewer and water extensions to
existing sewer and water systems.
That portion of a street or crosswalk way, paved or otherwise
surfaced, intended for pedestrian use only.
Includes all accessways in common use, such as streets, roads,
lanes, highways, avenues, boulevards, alleys, parkways, viaducts,
circles, courts and culs-de-sac, and includes all of the land lying
between the right-of-way lines as delineated on a plat showing such
streets, whether improved or unimproved, and whether dedicated for
public use or held in trust under the terms of a reservation, but
shall not include those accessways such as easements and rights-of-way
intended solely for limited utility purposes such as for electric
power lines, gas lines, telephone lines, waterlines or drainage and
sanitary sewers.
A major, high-capacity street designed to carry large volumes
of traffic between various areas of the City.
A street which carries traffic from minor streets to the
system of major streets and highways, including the principal entrance
streets of a residential development and the principal circulating
streets within such a development.
A street bordering one or more property lines of a tract
of land in which the subdivider has allocated a part of the ultimate
right-of-way width.
A street of limited continuity used primarily for access
to abutting properties and local needs of a neighborhood.
That part of the untraveled portion of a right-of-way between
the curb and the sidewalk, or adjacent to the curb in the absence
of a sidewalk.
A person commencing proceedings under the regulations of
this chapter to effect a subdivision of land hereunder for himself
or others.
Any division of a lot, parcel or tract of land by the owner
thereof or his agent for the purpose of sale or building development
where:
[Amended by Ord. No. 98-2]
The basic land planning standards established as guides for
the preparation of plats.
A land surveyor duly registered in the state.
A street with a high degree of continuity, including collector
streets, major arterial streets and limited access highways.
