Article A Adoption: Introduction
14.1.1 Introduction and
Purpose
14.1.2 Abrogation and Greater
Restrictions
14.1.3 Interpretation
14.1.4 Severability
14.1.5 Repeal
14.1.6 Title
14.1.7 through
14.1.9 Reserved for Future Use
Article B Definitions
14.1.10 Definitions
14.1.11 Through
14.1.19 Reserved for Future Use
Article C General
Provisions
14.1.20 General Provisions
14.1.21 Land Suitability
14.1.22 Through
14.1.29 Reserved for Future Use
Article D Plat
Review and Approval
14.1.30 Preliminary Consultation
14.1.31 Submission of Preliminary
Plat
14.1.32 Preliminary Plat Review
and Approval
14.1.33 Final Plat Review and
Approval
14.1.34
14.1.35 Replat
14.1.36 Disclaimers on Approval
14.1.37 Through
14.1.38 Reserved for Future Use
14.1.39 Filing
Of Plats And Certified Survey Maps With
Article E Technical
Requirements for Plats and Certified Surveys
14.1.40 Technical Requirements
for Preliminary Plats
14.1.41 Technical Requirements
for Final Plats
14.1.42 Technical
Requirements for Certified
14.1.43 Flood-Prone Areas; Water
Course Alteration and Relocation
14.1.44 Through
14.1.49 Reserved for Future Use
Article F Required
Improvements
14.1.50 Improvements Required
14.1.51 Required
Agreement Providing for Proper Installation of Improvements; Surety
14.1.52 Required Construction
Plans; City Review; Inspections
14.1.53 Street Improvements
14.1.54 Curb and Gutter
14.1.55 Sidewalks
14.1.56 Sanitary Sewerage System
14.1.57 Water Supply Facilities
14.1.58 Storm Water Drainage
Facilities
14.1.59 Other Utilities
14.1.60 Street Lamps
14.1.61 Street Signs
14.1.62 Improvements
on Boundaries of Subdivisions; Improvements on Undeveloped Land
14.1.63 Erosion Control
14.1.64 Easements
14.1.65 Extra-Sized and Off-site
Facilities
14.1.66 Acceptance of
Improvements and Dedications
14.1.67 Through
14.1.69 Reserved for Future Use
Article G Design
Standards
14.1.70
14.1.71 Specifications
for Preparation, Construction and Dedication of Streets and Roads
14.1.72 Block Design Standards
14.1.73
14.1.74 Drainage System
14.1.75 Non-Residential
Subdivisions
14.1.76 Grading
14.1.77 Through
14.1.79 Reserved for Future Use
Article H Park
and
14.1.80
14.1.81 Land Dedication
14.1.82 Reservation of Additional
Land
14.1.83 Development of Park Area
14.1.84 Fees in Lieu of Land
14.1.85 Procedures for Naming
Public Property
14.1.86 Through
14.1.89 Reserved for Future Use
Article I Fees
14.1.90 Administrative and Other
Fees
14.1.91 Through
14.1.99 Reserved for Future Use
Article J Variances:
Penalties and Violations
14.1.100 Variances and Exceptions
14.1.101 Enforcement, Penalties and
Remedies
ARTICLE A
(a)
Introduction
In accordance with the authority granted by Sec. 236.45 of the Wisconsin
Statutes and for the purposes listed in Sections 236.01 and 236.45 of the
Wisconsin Statutes, the Common Council of the City of Glendale, Wisconsin, does
hereby ordain as follows:
(1)
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 City
of
(2)
This Chapter
shall not repeal, impair or modify private covenants or public ordinances,
except that it shall apply whenever it imposes stricter restrictions on land
use.
(b) Purpose. The
purpose of this Chapter is to promote the public health, safety, convenience
and general welfare of the community. The regulations are designed to lessen
congestion in the highways and streets; to foster the orderly layout and use of
land; to secure safety from fire, panic and other dangers; to provide adequate
light and air, including access to sunlight for solar collectors and to wind
for wind energy systems; to discourage overcrowding of the land; to protect the
community's agriculture base; to facilitate adequate provision for
transportation, public water and sewerage, schools, parks, playgrounds and
other public necessities; and to facilitate the further division of large
tracts of land into smaller parcels. The regulations are made with the
reasonable consideration of, but not limited to, the present character of the
City and its environs, with the objectives of conserving the value of the land
and improvements placed thereon, providing the most appropriate environment for
human habitation, encouraging commerce and industry, protecting farming and
open spaces, and providing for the most appropriate use of land in the City of
Glendale.
State
Law Reference: Chapter 236,
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 of
If
any provision of this Chapter is invalid or unconstitutional, or if the
application of this Chapter to any person or circumstances is invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the
other provision or applications of this ..Chapter which can be given effect
without the invalid or unconstitutional provision or application.
All
other ordinances or parts of ordinances of the City inconsistent or conflicting
with this Chapter, to the extent of the inconsistency only, are hereby
repealed.
This
Chapter shall be known as, referred to, or cited as the "City of
ARTICLE B
(a)
The following
definitions shall be applicable in this Chapter:
(1)
Alley. A public
right-of-way which normally affords a secondary means of vehicular access to
abutting property.
(2)
Arterial Street.
(3)
Block. An area of
land within a subdivision that is entirely bounded by a combination or
combinations of streets, exterior boundary lines of the subdivision and streams
or water bodies.
(4)
Collector Street.
(5)
Commission.
The Plan Commission created by the Common Council pursuant to Sec. 62.23 of the
Wisconsin Statutes.
(6)
Comprehensive Development Plan. A comprehensive plan prepared by the City indicating the
general locations recommended for the various functional classes of land use,
places and structures, and for the general physical development of the City and
includes any unit or part of such plan separately adopted and any amendment to
such plan or parts thereof.
(7)
Cul-de-sac.
A short street having but one (1)end open to traffic and the other end being
permanently terminated in a vehicular turnaround.
(8)
Division of l-and.
Where the title or any part thereof is transferred by the execution of a land
contract, an option to purchase, an offer to purchase and acceptance, a deed,
or a certified survey.
(9)
Easement.
The area of land set aside or over or through which a liberty, privilege or
advantage in land, distinct from ownership of the land, is granted to the
public or some particular person or part of the public.
(10)
Extraterritorial Plat Approval Jurisdiction. The unincorporated area within one and one-half (1-1/2)
miles of a fourth-class city or a village and within three (3) miles of all
other cities.
(11)
Final Plat.
The final map, drawing or chart on which the subdivider's plan of subdivision
is presented for approval and which, if approved, will be submitted to the
(12)
Frontage Street.
A minor street auxiliary to and located on the side of an arterial street for control of access and for
service to the abutting development.
(13)
Improvement. Public.
Any sanitary sewer, storm sewer, open channel, water main, roadway, park,
parkway, public access, sidewalk, pedestrian way, planting strip or other
facility for which the City may ultimately assume the responsibility for
maintenance and operation.
(14)
Local Street.
(15)
(16)
(17)
(18)
Reversed Corner.
A comer lot which is oriented so that it has its rear lot line coincident with
or parallel to the side lot line of the interior lot immediately to its rear.
(19)
(20)
(21)
(22)
Major Thoroughfare.
A street used or intended to be used primarily for fast or heavy through
traffic. Major thoroughfares shall include freeways, expressways and .other
highways and parkways, as well as arterial streets.
(23)
Minor Street.
A street used, or intended to be used, primarily for access to abutting
properties; also referred to as a "local street".
(24)
Minor Subdivision.
The division of land by the owner or subdivider resulting in the creation of
not more than four (4)parcels or building sites.
(25)
Owner. 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 or- these.
(26)
Pedestrian Pathway.
A public way, usually running at right angles to streets, which is intended for
the convenience of pedestrians only; it may so provide public right-of-way for
utilities.
(27)
Plat. The map,
drawing or chart on which the subdivider's plat of subdivision is presented to
the City for approval.
(28)
Preliminary Plat.
The Preliminary Flat map, drawing or chart indicating the proposed layout of
the subdivision to be submitted to the Plan Commission for its consideration as
to compliance with the Comprehensive Development Plan and these regulations
along with required supporting data.
(29)
Protective .Covenants.
Contracts entered into between private parties or between private parties and
public bodies pursuant to Sec. 236.293, Wis. Stats, which constitute a
restriction on the use of all private or platted property within a subdivision for the benefit of the public
or property owners and to provide mutual protection against undesirable aspects
of development which would tend to impair stability of values.
(30)
Replat The process
of changing or a map or plat, which changes, the boundaries, of, a recorded
subdivision plat or part thereof. The legal dividing of a large block, lot or
outlot within a recorded subdivision plat without changing exterior boundaries
of said block, lot or outlot is not a replat.
(31)
Shorelands.
Those lands within the following distances: one thousand (1,000) feet from the
high-water elevation of navigable lakes, ponds and flowages or three hundred
(300) feet from the high-water elevation of navigable streams or to the
landward side of the floodplain, whichever is greater.
(32)
Subdivider.
Any person, firm or corporation, or any agent thereof, dividing or proposing to
divide land resulting in a subdivision, minor subdivision or replat.
(33)
Subdivision.
The division of a lot, outlot, parcel or tract of land by the owner thereof
or his agent for the purpose of transfer
of ownership or building development where the act of division creates five (5)
or more parcels or building sites of one and one-half (1-1/2) acres or less in
area, or where the act of division
create five (5) or more parcels or
building sites by successive division within a period of five (5) years,
whether done by the original owner or a successor owner.
(34)
Wetlands. An area
where water is at, near or above the land surface long enough to be capable of supporting
aquatic or hydrophytic vegetation and which has soils indicative of wet
conditions. Sec. 23.32(1),
(35)
ARTICLE C
(a)
Compliance.
No person shall divide any land located within the jurisdictional limits of
these regulations which results in a subdivision, land division or a replat as
defined herein; no such subdivision, land division, minor land 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 the following:
(1)
The provisions
of Ch. 236 and sec. 80.08, Wis. Stats.
(2)
The rules of
the Division of Health, Wisconsin Department of Industry, Labor and Human
Relations, contained in Wis. Adm. Code Chapter H85 for subdivisions not served by public sewer.
(3)
The rules of
the Division of Highways, Wisconsin Department of Transportation contained in
Wis. Adm. Code Chapter HY 33 for subdivisions, which abut a state trunk highway
or connecting street.
(4)
The rules of
the Wisconsin Department of Natural Resources contained in the Wis. Adm. Code
for Floodplain Management Program.
(5)
Comprehensive
plans or components of such plans prepared by state, regional, county or
municipal agencies duly adopted by the Common Council.
(6)
All applicable
local and county regulations, including zoning, sanitary, building and official
mapping ordinances.
(7)
The City of
(8)
All applicable
rules contained in the Wisconsin Administrative Code not listed in this
Subsection.
(b)
Jurisdiction.
Jurisdiction of these regulations shall include all lands within the corporate limits of the City of
(1)
Transfers of
interests in land by will or pursuant to court order;
(2)
Leases for a
term not to exceed ten 00) years, mortgages or easements;
(3)
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.
(c)
Certified Survey.
Any division of land other than a subdivision as defined in Sec. 236.02(8),
Wis. Stats., shall be surveyed and a certified survey map prepared as provided
in Sec. 236.34, Wis. Stats.
(d)
Building Permits.
The City of Glendale shall not issue any building permit relating to any parcel
of land forming all or any part of lands included in a subdivision, land
division, replat or certified survey originally submitted to the City of
Glendale on or after the effective date of this Chapter until the applicant has
complied with all of the provisions and requirements of this Chapter.
(e)
Plats Within the Extraterritorial Plat Approval Jurisdiction. Plats within the extraterritorial plat approval
jurisdiction of the City are subject to this Chapter pursuant to Sec.
236.45(3), Wis. Stats.
(a)
Suitability.
No land shall be subdivided for residential, commercial or industrial use which is held unsuitable for such use by
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 Plan Commission, 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
residential use and afford the subdivider an opportunity to present evidence
regarding such unsuitability if he so desires. Thereafter 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,
drainage ways, 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
flied by the subdivider.
ARTICLE D
Before
filing a Preliminary Plat or certified survey map, the subdivider is encouraged
to consult with the Plan Commission for advice regarding general subdivision
requirements. Information on meeting dates, agenda deadlines and filing
requirements may be obtained from the City Clerk. The subdivider shall also
submit a location map showing the relationship of the proposed subdivision to
traffic arteries and existing community facilities. This consultation is
neither formal nor mandatory but is intended to inform the subdivider of the
purpose and objectives of these regulations, the comprehensive plan,
comprehensive plan components and duly adopted plan implementation devices of
the City and to otherwise assist the subdivider in planning his development. In
so doing, both the subdivider and planning agency may reach mutual conclusions
regarding the general program and objectives of the proposed development and
its possible effects on the neighborhood and community. The subdivider will
gain a better understanding of the subsequent required procedures.
(a)
Submission Before
submitting a Final Plat for approval, the subdivider shall prepare a
Preliminary Plat and a letter of application. The subdivider shall submit
twelve (12) copies of the Preliminary Plat. The Preliminary Plat shall be prepared in accordance with this Chapter, and
the subdivider shall file copies of the Plat and the application as required by
this Section with the City Clerk at least thirty {30) days prior to the meeting
of the Plan Commission at which action is desired. The City Clerk shall submit
a copy of the Preliminary Plat to the Plan Commission and to the City Engineer
for review and written report of his recommendations and reactions to the
proposed plat
(b)
Public Improvements, Plans and Specifications. Simultaneously with the filing of the Preliminary Plat of
map, the owner shall file with the City Clerk twelve (12) complete sets of
engineering reports, plans and specifications for the construction of any
public improvements required by this Chapter, specifically addressing sewer and
water service feasibility, drainage facilities, traffic patterns, typical
street cross sections, erosion control plans, pavement design and other
improvements necessary in the subdivision.
(c)
Property Owners Association; Restrictive Covenants. A draft of the legal instruments and rules 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 or a subunit of the City pursuant to Sec.
236.293, Wis. Stats., and proposed deed restrictions or restrictive covenants,
shall be submitted at the time of filing the Preliminary Plat with the City
Clerk.
(d)
Affidavit.
The surveyor preparing the Preliminary Plat shall certify on the face of the
plat that it is a correct representation of all existing land divisions and
features and that he has fully complied with provisions of this Chapter.
(e)
Supplementary Data to be Filed with Preliminary Plat. The following shall also be filed with the Preliminary
Plat
(1)
Use Statement. A 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; and
(2)
Zoning Changes. If any zoning changes are contemplated, the proposed zoning plan for the areas, including
dimensions; and
(3)
Area-Plan. Where the subdivider owns property adjacent to that which.
is being proposed for the subdivision, the Plan Commission may require
that the subdivider submit a Preliminary
Plat of the remainder of the property so
as to show the possible relationships between the proposed subdivision and
future subdivision. In any event, all subdivisions must be shown to relate well
with existing or potential adjacent subdivisions.
(f)
Street Plans and Profiles.
The subdivider shall provide street plans and profiles showing existing ground
surface, and proposed and established street grades, including extensions for a
reasonable distance beyond the limits of the proposed subdivision when
requested
(g) Soil Testing .The
subdivider shall provide a preliminary soils report, listing the types of soil
in the proposed subdivision, then' effect on the subdivision and a proposed
soil testing and investigation program, Pursuant to the public policy concerns
prescribed in Section 14-1-21, the City Engineer may require that borings and
soundings be made in specified areas to ascertain subsurface soil, rock and
water conditions, including depth to bedrock and depth to ground water table.
(h) Referral
to Other Agencies
(1)
The City
shall, within two (2) days after filing, transmit copies to the County Planning Agency, copies to the
Director of the Planning Function in the Wisconsin Department of Development,
additional copies to the Director of the
Planning Function for retransmission of copies to the Wisconsin Department of Transportation if the
subdivision abuts or adjoins a state trunk highway or a connecting street and
the Wisconsin Department of Industry, Labor and Human Relations of the
subdivision is not served by the public sewer and provision for such service
has not been made, and an adequate number of copies to the Plan Commission. The
County Planning Agency, the Wisconsin Department of Development, the Wisconsin
Department of Transportation and the Wisconsin Department of Industry, Labor
and Human Relations shall be hereinafter referred to as objecting agencies. The
Plan Commission shall also transmit a copy of the Preliminary Plat to all
affected City boards, commissions or departments and all affected local utility
companies for their review and recommendations concerning matters within their
jurisdiction.
(2)
Within fifteen
(15) days of the date of receiving the copies of the plat, any state or county
agency having authority to object under Subsection (h)(1) above shall notify
the subdivider and all approving or objecting authorities of any objection
based upon failure of the plat to comply with the statutes or rules which its
examination is authorized to cover, or, if all objections have been satisfied,
it shall so certify on the face of a copy of the plat and return that copy to
the approving authority from which it was received. The plat shall not be
approved or deemed approved until any objections
have been satisfied. If the objecting agency fails to act within the fifteen (15) day limit it shall be
deemed to have no objection to the plat.
The recommendations of City agencies shall also be transmitted to the Plan
Commission within fifteen (15) days from the date the plat is filed.
(i) Drafting Standards.
The subdivider shall submit to the City Clerk and to those agencies having the
authority to object to plats under provisions in Chapter 236 of the Wisconsin
Statutes copies of a Preliminary Plat (or certified survey) 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 than one (1) inch per
one hundred(100) feet having two (2) foot contour intervals, shall identify the
improvements (grading, tree planting, paving, installation of facilities and
dedications of land), easements which the subdivider
proposes to make and shall indicate by accompanying letter when the
improvements will be provided. Any proposed restrictive covenants for the land
involved shall be submitted.
(a)
Plan Commission Review. Public Hearing. The City Clerk shall schedule a public hearing on the
Preliminary Plat before the Plan Commission. The City Clerk shall give notice
of the Plan Commission's review and public hearing on the Preliminary Plat by
listing it as an agenda item in the Commission's meeting notice published in
the official City newspaper. The notice shall include the name of the
applicant, the address of the property in question and the requested action.
Property owners within two hundred (200) feet of the proposed land division
shall receive written notice of the public hearing.
(b)
Commission Action.
The Plan Commission shall, within ninety (90) days of the date the plat was fried with the City Clerk,
approve, approve conditionally or reject such plat 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 Plan Commission to
act within ninety (90) days or extension thereof shall constitute an approval
of the Preliminary Plat, unless other authorized agencies object to the plat.
The City Clerk shall communicate to the subdivider the action of the Plan Commission.
If the preliminary plat is approved, the Clerk shall endorse it for the Plan
Commission.
(c)
Effect of Preliminary Plat Approval. Approval or
conditional approval of a constitute Preliminary Plat not automatic approval of
the Final Plat, except that if the Final Plat is submitted within six (6)
months of Preliminary Plat approval and conforms substantially to the
Preliminary Plat layout, the Final Plat shall be entitled to approval with
respect to such layout. The Preliminary Plat shall be deemed an expression of
approval or conditional approval of the layout submitted as a guide to the
preparation of the Final Plat, which will be subject to further consideration
by the Plan Commission and Common Council at the time of its submission.
(d)
Preliminary Plat Amendment. Should the subdivider desire to amend the Preliminary Plat as approved, he may resubmit
the amended plat which shall follow the same procedure, except for the fee,
unless the amendment is, in the opinion of the Plan Commission, of such scope as
to constitute a new plat, in which such case it shall be refiled.
(a)
Filing Requirements.
(1) The subdivider shall prepare a Final Plat and a letter of
application in accordance with this Chapter and shall file twelve (12)
copies of the Plat and the application with the City Clerk at least twenty-one
(21) days prior to the meeting of the Plan Commission
at which action is desired. The owner or subdivider shall file twelve (12)
copies of the Final Plat not later than
six (6) months
after the date
of approval of
the Preliminary Plat; otherwise, the Preliminary Plat and
Final Plat will be considered void unless an extension is requested in writing
by the subdivider and for good cause granted by the City. The owner or
subdivider shall also submit at this time a current certified abstract of title
or registered property report and such other evidence as the City Attorney may
require showing title or control in the applicant.
A written transmittal letter shall identify all substantial changes that have
been made to the plat since the Preliminary Plat. When the subdivider expects
the City to act as the transmitting authority in accordance with Sec. 236.12,
Wis. Stats., the application shall state that transmittal responsibilities lie
with the City and shall contain a list of the other authorities to which the
plat must be subjected and shall be accompanied by such additional fees and
copies of the plat as are necessary to be transmitted to such authorities.
(2) The City Clerk shall, within two (2) days after _filing,
transmit copies to the County Planning Agency, copies to the Director of the
Planning Function in the Wisconsin Department of Development, additional copies
to the Director of the Planning Function for retransmission of copies to the
Wisconsin Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or a connecting street and the Wisconsin Department of
Industry, Labor and Human Relations if the subdivision is not served by a
public sewer and provision for service has not been made, to all affected City
boards, commissions and committees and the original Final Plat and adequate
copies to the Plan Commission. The County Planning Agency, the Wisconsin
Department of Development, the Wisconsin Department of Transportation, and the
Wisconsin Department of Industry, Labor and Human Relations shall be
hereinafter referred to as objecting agencies.
(3)
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 of those agencies having the authority to object to the plat as
provided by Sec. 236.12(2).
(4)
Simultaneously
with the filing of the Final Plat or map, the owner shall file with the City Clerk twelve (12) copies of the
final plans and specifications of public improvements required by this Chapter.
(5)
The City Clerk
shall refer two (2) copies of the Final Plat to the Plan Commission, one (1)
copy to the City Engineer, and a copy each to the telephone and power and other
utility companies. The abstract of title or registered property report may be
referred to the City Attorney for his examination and report. The City Clerk
shall also refer the final plans and specifications of public improvements to
the City Engineer for review. The recommendations of the Plan Commission and
City Engineer shall be made within thirty (30) days of the filing of the Final
Plat. The City Engineer shall examine the plat or map and final plans and
specifications of public improvements for technical details and, if he finds
them satisfactory, shall so certify in writing to the Plan Commission. If the
plat or map or the plans and specifications are not satisfactory, the City
Engineer shall return them to the owner and so advise the Plan Commission.
(b)
Plan Commission Review.
(1)
The Plan
Commission shall examine the Final Plat as to its conformance with the approved
Preliminary Plat, any conditions of approval of the Preliminary Plat, this
Chapter and all applicable ordinances, rules, regulations, comprehensive plans
and comprehensive plan components which may affect it and shall recommend
approval, conditional approval or rejection of the Plat to the Common Council.
(2)
The objecting
state and county agencies shall, within fifteen (15) days of the date of
receiving their copies of the Final Plat, notify the subdivider and all other
approving and objecting agencies of any objections, except that the Wisconsin
Department of Development has thirty (30) days which to make objections. If
there are no objections, they shall so certify on the face of the copy of the
Plat and shall return that copy to the City. If an objecting agency fails to
act within fifteen (15) days, it shall be deemed to have no objection to the Plat.
(3)
If the Final
Plat is not submitted within six (6) months of the last-required approval of
the Preliminary Plat, the Plan Commission may refuse to approve the Final Plat.
(4)
The Plan
Commission shall, within thirty (30) days of the date of filing of the Final
Plat with the City Clerk, recommend approval, conditional approval or rejection
of the Plat and shall transmit the Final Plat and application along with its
recommendations to the Plan Commission. The Plan Commission may hold the matter
in abeyance if there is incomplete or inadequate information.
(c)
Council Review and Approval
(1)
The Plan
Commission shall, within sixty (60) days of the date of filing the original Final Plat with the City Clerk,
approve or reject such Plat unless the time is extended by agreement with the
subdivider. If the Plat is rejected, the reasons shall be stated in the minutes
of the meeting and a written statement of the reasons forwarded to the
subdivider. The Plan Commission may not inscribe its approval on the Final Plat
unless the City Clerk certifies on the face of the Plat that the copies were
forwarded to objecting agencies as required herein, the date thereof and that
no objections have been filed within twenty (20) days or, if filed, have been
met.
(2)
The Plan
Commission shall, when it determines to. approve a Final Plat, give at least
ten (10) days' prior written notice of its intention to the Municipal Clerk of
any municipality within one thousand (1,000) feet of the Final Plat.
(3)
Failure of the
Plan Commission to act within sixty (60) days, the time having not been
extended and no unsatisfied objections having been filed, the plat shall be deemed approved.
(d)
Recordation.
After the Final Plat has been approved by the Plan Commission and required
improvements either installed or a contract and sureties insuring their
installation is filed, the City Clerk 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 with the county register of deeds. The
register of deeds cannot record the Plat unless it is offered within six (6)
months from the date of last approval.
(e)
Final Copies.
The subdivider shall file ten (10) copies of the Final Plat with the City Clerk
for distribution to the approving agencies, affected utilities and other
affected agencies for their files.
(f)
Partial Platting.
The Final Plat may, if permitted by the Plan Commission, constitute only that
portion of the approved Preliminary Plat, which the subdivider proposes to
record at the time.
(a)
Use of Certified Survey Map. When it is proposed to divide land into at least two (2)
but no more than four (4) parcels or building sites, or when it is proposed to
create by land division not more than four (4) parcels or building sites within
a recorded subdivision plat without changing the exterior boundaries of a
block, lot or outlot, or when it is proposed to divide any number of parcels
greater than one and one-half (1-1/2) acres in size (thus not constituting a
"subdivision" as defined in this Chapter), the subdivider shall
prepare a certified survey map in accordance with this Chapter and shall file
fifteen.(15) copies of the map and the letter of application with the City Clerk
at least fifteen (13) days prior to the meeting of the Plan Commission at which
action is desired.
(b)
Referral to Plan Commission- The City Clerk shall, within two (2) normal work days
after filing, transmit the copies of the map and letter of application to the
Plan Commission.
(c)
Review by Other City Agencies. The Plan Commission shall transmit a copy. of the map to
all affected City boards, commissions or departments for their review and
recommendations concerning matters within their jurisdiction. Their
recommendations shall be transmitted to the Plan Commission within ten (10)
days from the date the map is filed. The map shall be reviewed by the Plan
Commission for conformance with this Chapter and all ordinances, rules,
regulations, comprehensive plans, comprehensive plan components and
neighborhood plans.
(d)
Review and Approval
The Plan Commission shall, within thirty (30) days from the date of filing of
the certified survey map, recommend approval, conditional approval or rejection
of the map and shall transmit the map along with recommendations to the Common
Council. Following. public hearing in the manner used for preliminary plats,
the Common Council shall approve, approve conditionally and thereby require
resubmission of a corrected certified survey map or reject such certified
survey map within sixty (60) days from the date of filing of the map unless the
time is extended by agreement with the subdivider. If the map is rejected, the
reason shall be stated in the. minutes of the meeting and a written statement
forwarded to the subdivider. If the map is approved, the Common Council shall
cause the City Clerk to so certify on the face of the original map and return the map to the
subdivider.
(e)
Recordation.
The subdivider shall record the map with the
(f)
Copies. The
subdivider shall file five (5) copies 'of the certified survey map with the
City Clerk for distribution to the City Engineer, Building Inspector, Assessor
and other affected departments for their files.
(a)
Except as
provided in Section 70.27(1), Wis. Stats., when it is proposed to replat a
recorded subdivision, or part thereof, so as to change the boundaries of a
recorded subdivision, or part thereof, the subdivider or person wishing to
replat shall vacate or alter the recorded Plat as provided in Sections 236.40
through 236.44 of the Wisconsin Statutes. The subdivider or person wishing to
replat shall then proceed, using the procedures for Preliminary and Final
Plats.
(b)
The City Clerk
shall schedule a public hearing before the Plan Commission when a Preliminary
Plat of a replat of lands within the City is filed, and shall cause notices of
the proposed Replat and public hearing to be mailed to the owners of all
properties within the limits of the exterior boundaries of the proposed Replat
and to the owners of all properties within two hundred (200) feet of the
exterior boundaries of the proposed
Replat.
(c)
Where lots are
more than double the minimum size required for the applicable zoning district,
the Plan Commission may require that such lots be arranged so as to allow
resubdivision of such parcels into normal lots in accordance with the
provisions of the Chapter.
(a)
The purpose of
requiring approvals under this Chapter is to insure the health, safety, morale,
comfort, prosperity and general welfare of the City. This Chapter shall not be interpreted as
placing any responsibility or liability on any City official, City employee or
the City as a municipality corporation for the granting of approval or the
denial of any approval. All approvals
rendered as part of this Chapter shall
be considered as being approved conditionally based on the information and
circumstances apparent at that time.
(b)
Approvals
issued by the City shall not be construed as an assumption or expression of any
responsibility, warranty or guarantee for the design or construction of any
improvements within the land division.
All GEO referenced subdivision
plats, certified survey maps, and plats in any other form subject to review and
approval by the City of
ARTICLE E
(a)
General. A Preliminary Plat shall be required for all
subdivisions and shall. be based upon a survey by a registered land surveyor
and the plat prepared on mylar or paper of good quality at a scale of not more
than one hundred (100) feet to the inch and shall show correctly on its face
the following information:
(1)
Title under which the proposed subdivision is to be recorded.
(2)
Location of the proposed subdivision by government lot, quarter
section, township, range, county and state.
(3)
Names and
Addresses of the owner,
subdivider and land surveyor preparing the plat.
(4)
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. The Plan Commission may
waive this requirement where it is unnecessary to fulfill the purposes and
intent of this Chapter and undue hardship would result from strict application thereof.
(b)
Plat Data.
All Preliminary Plats shall show the following:
(1)
Exact Length
and Bearing of the exterior
boundaries of the proposed subdivision referenced to a corner established in
the U.S. Public Land Survey and the total acreage encompassed thereby.
(2)
Locations of
all Existing Property Boundary Lines,
structures, drives, streams and water courses, marshes, rock outcrops, wooded
areas, railroad tracks and other significant features within the tract being
subdivided or immediately adjacent thereto.
(3)
Location Right-of-Way
Width and Names of all
existing streets, alleys or
other public ways, easements, railroad and utility
rights-of-way and all section and quarter section lines within the exterior
boundaries of the plat or immediately
adjacent thereto.
(4)
Location and
Names of any Adjacent Subdivisions,
parks and cemeteries and owners of record of abutting unplatted lands.
(5)
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 centerline elevations.
(6)
Location. Size
and Invert Elevation of any
existing sanitary or storm sewers, culverts and drain pipes., the location of
manholes, catch basins, 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.
(7)
Corporate
Limit Lines within the exterior
boundaries of the plat or immediately
adjacent thereto.
(8)
Existing
Zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior boundaries of the plat and extending to
the centerline of adjacent public streets to National Map Accuracy Standards
based upon Mean Sea Level Datum at vertical intervals of not more than two (2)
feet. At least two (2) permanent bench marks 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 bench marks clearly and completely described. Where, in
the judgment of the City Engineer, undue hardship would result because of the
remoteness of the parcel from a mean sea level reference elevation, another
datum may be used.
(10)
High Water
Elevation of all ponds,
streams, lakes, flowages and wetlands within the exterior boundaries of the
plat or located within one hundred (100) feet therefrom.
(11)
Water
Elevation of all ponds, streams, lakes, flowages and wetlands within the exterior
boundaries of the plat or located within one hundred (100) feet therefrom at
the date of the survey.
(12)
Floodland and
Shoreland Boundaries and the
contour line lying a vertical distance of two (2) feet above the elevation of
the one hundred(100) year recurrence interval flood or, where such data is not
available, two (2) feet above the elevation of the maximum flood of record
within the exterior boundaries of the plat or within one hundred (100) feet
therefrom.
(13)
Soil Types and their boundaries, as shown on the operational soil
survey maps prepared by the U.S.
Department of Agriculture, Soil Conservation Service.
(14)
Location and
Results of Soil Boring Tests
within the exterior boundaries of the plat conducted in accordance with Sec. H
85.06 of the
(15)
Location and
Results of Percolation Tests within
the exterior boundaries of the plat conducted in accordance with Sec. H 85.06
of the Wisconsin Administrative Code where the subdivision will not be served
by public sanitary sewer service.
(16)
Location,
Width and Names of all
proposed streets and public rights-of-way such as alleys and easements.
(17)
Approximate
Dimensions of All Lots together with
proposed lot and block numbers. The area in square feet of each lot shall be
provided.
(18)
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 lotting.
(19)
Approximate
Radii of all Curves.
(20)
Any
(21)
Any Proposed
Lake and Stream improvement
or relocation, and notice of application for approval by the Division of
Environmental Protection, Department of Natural Resources, when applicable.
(22)
Where the Plan
Commission or City Engineer finds that it
requires additional information relative to a particular problem presented by a
proposed development in order to review the Preliminary PIat, it shall have the
authority to request in writing such information from the subdivider.
(c) Additional Information The Plan Commission and/or City
officials may require a proposed. subdivision layout of all or part of the
contiguously owned land even though division is not planned at that.
(a)
General A Final Plat
prepared by a registered land surveyor shall be required for all subdivisions.
It shall comply in all respects with the requirements of Section 236.20, Wis.
Stats., and this Chapter.
(b)
Additional Information
The Final Plat shall show correctly on its face, in addition to the information
required by Section 236.20, Wis. Stats., the following:
(1)
Exact Length
and Bearing of the center line
of all streets.
(2)
Exact Street
Width along the line of
any obliquely intersecting street.
(3)
Exact Location
and Description of street
lighting and lighting utility easements.
(4)
Railroad
Rights-of-Way within and abutting
the plat.
(5)
All Lands
Reserved for future public acquisition or reserved for the common use of
property, owners within the Plat.
(6)
Special
Restrictions required by the
Common Council, upon the recommendation of the Plan Commission, relating to
access control along public ways or to the provision of planting strips.
(7)
Taxes. Certifications by attached information showing that all
taxes and special assessments currently due on the property to be subdivided
have been paid in full.
(8)
Drainage
Flows. The subdivider shall
cause to be set upon the final plat arrows indicating the directions of
drainage flows for each property line not fronting on a street on all parcels
and along each street as will result from the grading of the site, the
construction of the required public improvements, or which are existing
drainage flows and will remain. The arrows indicating the directions of flows
shall be appropriately weighted so as to differentiate between the minor and
major [one hundred (100) year event drainage components. The arrows shall be
accompanied on the plat with the following note:
Arrows indicate the direction of drainage flows in various
components resulting from site grading and the construction of required public
improvements. The drainage flow components located in easements shall be
maintained and preserved by the property owner unless approved by the City
Engineer.
(9) Groundwater Presence. Where the ground water table is
equal to or less than nine (9) feet from the proposed street centerline
elevation, the subdivider shall place the following note on the plat:
Subsoil information indicates the presence of ground water
conditions that may require basement elevations on
The
elevation of the basement as described in the paragraph to be placed on the
plat shall be a m/n/mum of two (2) feet higher than the elevation of the ground
water table as determined by the City Engineer from the soils information.
(c)
Deed Restrictions.
Restrictive covenants and deed registrations for the proposed subdivision shall
be filed with the Final Plat.
(d)
Property Owners Association. The legal instruments creating a property owners
association for the ownership and/or maintenance of common lands in the
subdivision shall be filed with the Final Plat.
(e)
Survey Accuracy.
(1)
Examination. The Common Council, Plan Commission, or their designees,
shall examine all Final Plats within the City of
(2)
Maximum Error
of Closure. Maximum error of
closure before adjustment of the survey of the exterior boundaries of the
subdivision shall not exceed, in horizontal distance or position, the ratio of
one part in five thousand (1:5,000), nor in azimuth, four (4) seconds of arc
per interior angle. If field measurements exceed this maximum, new field
measurements shall be made until a satisfactory closure of the field
measurements has been obtained; the survey of the exterior boundary shall be
adjusted to form a closed geometric figure.
(3)
Street. Block
and
(4)
Plat location. Where the plat is located within a quarter section, the
corners of which have been relocated, monumented and coordinated by the City,
the tie required by Section 236.20(3)(b), Wis. Stats., may be expressed in
terms of grid bearing and distance; and the material and Wisconsin state plane
.coordinates of the monument marking the relocated section or quarter corner to
which the plat is tied shall be indicated on the plat. The grid bearing and
distance of the tie shall be determined by a closed survey meeting the .error
of closure herein specified for the survey of the exterior boundaries of the
subdivision.
(f)
Surveying and Monumenting.
All Final Plats shall meet all the surveying and monumenting requirements of
Section 236.15, Wis. Stats.
(g)
State Plane Coordinate System. Where the plat is located within a quarter section, the
comers of which have been relocated, monumented and coordinated by the City,
the plat shall be tied directly to one of the section or quarter comers so
relocated, monumented and coordinated. The exact grid bearing and distance of
such tie shall be determined by field measurements, and the material and
Wisconsin state plane coordinates of the monument marking the relocated section
or quarter comer to which the plat is tied shall be indicated on the plat. AIl
distances and bearings shall be referenced to the Wisconsin Coordinate System,
South Zone, and adjusted to the City's control survey.
(h)
Certificates.
All Final Plats shall provide all the certificates required by Section 236.21,
Wis. Stats.; and in addition, the surveyor shall certify that he has fully
complied with all the provisions of this Chapter.
(a)
Certified Survey Requirements. When it is proposed to divide land into two (2) than four
or no more (4) building sites, any one (1) of which is less than forty (40)
acres, or when it is proposed to divide a block, lot or outlot into not more
than four (4) parcels or building sites within a recorded subdivision plat
without changing the exterior boundaries of the block, lot or outlot, the
subdivider shall subdivide by use of a certified survey map, prepared in
accordance with Section 236.34, Wis. Stats., and this Chapter.
(b)
Submission and Review.
The subdivider is encouraged to first consult with the Plan Commission
regarding the requirements for certified surveys before submission of the final
map. Following consultation, two (2) copies of the final map in the form of a
certified survey map shall be submitted to the City. The certified survey shall
be reviewed, approved or disapproved by the Plan Commission and Common Council
pursuant to the procedures used for Preliminary Plats in Sections 14-1-30
through 14-1-32, including notice and hearing requirements.
(c)
Additional Information
The Certified Survey Map shall show correctly on its face, in addition to the
information required by Section 236.34, Wis. Stats., the following:
(1)
All Existing
Buildings., watercourses,
drainage ditches and other features pertinent to proper division.
(2)
Setbacks or
Building lines required by the
Common Council and the City Zoning Code.
(3)
All Lands
Reserved for future
acquisition.
(4)
Date of the
Map.
(5)
Graphic Scale.
(6)
Name and
Address of the owner,
subdivider and surveyor.
(7)
Square Footage of each parcel.
(8)
Present Zoning for the parcels.
(d)
State Plane Coordinate System. Where the map is located within a quarter section, the
corners of which have been relocated, monumented and coordinated by the City,
the map shall be tied directly to one of the section or quarter corners so
relocated, monumented and coordinated. The exact grid bearing and distance of
such tie shall be determined by field measurements, and the material and
(e)
Certificates.
The surveyor shall certify on the face of the certified survey map that he has
fully complied with all the provisions of this Chapter. The Common Council,
after a recommendation by the reviewing agencies, shall certify its approval on
the face of the map.
(f)
Street Dedication Dedication of streets and other public areas
shall require, in addition, .the owner's certificate and the mortgagees
certificate in substantially the same form as required by section 236.21(2)(a)
of the Wisconsin Statutes.
(g)
Recordation
The subdivider shall record the map with the
(h)
Requirements
To the extent reasonably practicable, the certified survey shall comply with
the provisions of this Chapter relating to general requirements, design
standards and required improvements. Conveyance by metes and bounds shall be
prohibited where the lot(s) involved is less than one and one-half (1-1/2)
acres or three hundred (300) feet in width.
(a)
Flood-Prone Areas.
(1)
Applicability.
Except as provided in Subsection (2)a below, this Section is applicable to
subdivisions and other land divisions.
(2)
All proposals
for land divisions shall:
a.
Be reviewed to
assure that all necessary permits have been received from those governmental
agencies from which approval is required by federal or state law, including
Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33
U.S.C. 1334.
b.
Be reviewed to
determine whether such proposals will be reasonably safe from flooding. If a
division proposal or other proposed new development is in a flood-prone area,
any such proposals shall be reviewed to assure that: (1) all such proposals are
consistent with the need to minimal flood damage within the flood-prone area;
(2) all public utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate flood damage;
and (3) adequate drainage is provided to reduce exposure to flood hazards.
c.
All
subdivision proposals and other new developments greater than fifty ($0) lots
or five (5) acres, whichever is the least, shall be required to provide base
flood elevation data.
d.
Be required to
provide: (1) designs for new and replacement sanitary sewer systems to minimize
or eliminate infiltration of flood water into the systems; and (2) to locate
on-site waste disposal systems so as to avoid impairment to them or
contamination from them during flooding.
(b)
Water Course Alteration and Relocation.
(1)
The City shall
take appropriate measures to assure that the flood-carrying capacity within any
altered or relocated portion of any water course is maintained.
(2)
The City, in
riverline situations, shall notify adjacent communities and the state
coordinating office prior to any alteration or relocation of a water course and
submit copies of such notification to the Administrator of the Department of
Housing and Urban Development, Federal Insurance Administration.
ARTICLE F
(a)
General Requirement.
(1)
In accordance
with the authority granted by Sec. 236.13 of the Wisconsin Statutes, the Common
Council of the City of Glendale hereby requires that, as a condition of Final
Plat or certified survey map approval, the subdivider agree to make and install
all public improvements required by this Chapter or the subdivider shall
provide the City with security to ensure that the subdivider will make the
required improvements. As a further condition of approval, the Common Council
hereby requires that the subdivider be responsible for the cost of any
necessary alterations of any existing utilities which, by virtue of the
platting or certified survey map, fall within the public right-of-way.
(2)
As a condition
for the acceptance of dedication of public rights-of-way, the City requires
that the public ways have been previously provided with all necessary
facilities constructed to City specifications, including, but not limited to,
sewerage, storm drainage, water mains and services, grading and improvement of
the streets and other public ways, sidewalks, street signing, street lighting,
traffic control and such other facilities required by the Common Council or
that a specific portion of the costs be paid in advance as provided in Sec.
66.54(3), Wis. Stats.:
a.
The required
public improvements shall be installed by the subdivider at his cost; or
b.
The subdivider
may petition the City for the installation of the required improvements by City
contract. The petition must be received by the City prior to August 15 of the
year preceding the required installation so that the petition may be considered
for inclusion in the City budget. If the Common Council elects to install the
petitioned improvements, it shall establish special assessments for the
recovery of the costs. The special assessments due from the subdivider for the
portion of the petitioned improvements necessary to serve the proposed land
division shall be due to the City, together with interest, within six (6)
months of the date of City acceptance of the improvements.
(b)
General Standards.
The following required improvements in this Chapter shall be installed in
accordance with the engineering standards and specifications which have been
adopted by the Common Council. Where standards and specifications have not been
adopted, the improvements shall be made in accordance with good engineering
practices, approved prior to the start of construction by the City Engineer.
When new or revised standards and/or specifications have been adopted by the
City, work on public improvements not begun within five (5) years of the date
of Final Plat adoption shall be made to the new or revised standards and/or
specifications. The City Engineer shall review and approve the construction
plans, specifications and calculations for the construction of the required
public improvements.
(c) Project Manager.
The subdivider shall designate a project manager who shall be readily available
on the project site during the construction of the required public
improvements. The project manager shall be granted authority on behalf of the
subdivider to make decisions related to the construction of the required public
improvements as they may arise during the course of the construction. The
project manager shall also be responsible for the scheduling and coordination
of the required work to construct the required improvements. Correspondence with or verbal orders to the
designated project manager shall have the same authority as with the subdivider
directly.
(a)
Contract. Prior to
installation of any required improvements and prior to approval of the Final
Plat, the subdivider shall enter into a written contract with the City
requiring the subdivider to furnish and construct said improvements at his sole
cost and in accordance with plans and specifications and usual contract conditions,
which shall include provision for inspection of construction details by the
City Engineer. The contract form shall be provided by the City and may provide
for a phasing of public improvement construction, providing such phasing is
approved by the City Council. The City reserves the right to control the
phasing through limits, sequence and/or additional surety so as to provide for
continuity of streets, sewers, water main and other necessary public
improvements within and between the phases.
(b)
Financial Guarantees
(1) The subdivider shall file with said contract, subject to the
approval of the City Attorney, a bond, a certificate of deposit, irrevocable
letter of credit or certified check in an amount equal to one hundred ten
percent (110%) of the estimate of the cost prepared by the City Engineer as
surety to guarantee that such improvements will be completed by the subdivider
or his contractors not later than twenty-four (24) months from the date of
recording the plat.
(2) However, the subdivider may elect, with the approval of the
City, to install the improvements in construction phases provided that:
a.
The phases are
specified in the contract for land division improvements;
b.
The developer
submits surety in an amount equal to one hundred ten percent 110%) of the
estimate of the City Engineer sufficient for the construction of all phases of
construction or park improvement in progress;
c.
The developer
records deed restrictions approved by the City Attorney which specify that the
lots which are included in future construction phases of the land division will
not be transferred or sold unless the City's approval is obtained;
d.
The subdivider
minimizes grading and other disturbances to lands included in future
construction phases in order to prevent erosion; and
e.
Erosion
control plans and measures submitted and approved herein shall address the
individual phases of construction.
(3) The time limit for completion of a phased improvement program
shah take into account the needs and desires of the City and adjacent property
owners for street and other improvements to serve lands adjacent to and within
the land division.
(4) As work progresses on installation of improvements constructed
as part of the contract, the City Engineer, upon written request from the
subdivider from time to time, is authorized to recommend a reduction in the
amount of surety as hereinafter provided. When portions of construction (water,
sanitary sewer, street, sidewalk, greenway or other improvements) are completed
by the subdivider and determined acceptable by the City Engineer, the Business
Administrator is authorized, upon submission of lien waivers by the
subdivider's contractors, to reduce the amount of surety. The amount of surety
remaining shall be equal to one hundred ten percent (110%) of the estimate of
the City Engineer of costs of work remaining to be completed and accepted and
to insure performance of the one (1) year guarantee as specified in Subsection
(d) below against defects in workmanship and materials on work accepted. When
the work on the major components of construction has been substantially
completed, except for work which cannot be completed because of weather
conditions or other reasons which, in the judgment of the City Engineer are
valid for noncompletion, the Business Administrator is authorized to accept a
reduction in the amount of surety to an amount in the estimate of the City
Engineer, sufficient to cover the work
remaining to be completed, including performance of the one (1) year guarantee
period against defects in workmanship and materials. As a further guarantee
that all obligations under contract for work on the development are satisfied,
the contractor and subcontractors who are to be engaged in the construction of
utilities or street improvements on the street right-of-way to be dedicated
shall be approved for such work by the City Engineer prior to commencing
construction. The Common Council, at its option, may extend the bond period for
additional periods not to exceed two (2) years each.
(5) Governmental units to which these bond and guarantee
provisions apply may, in lieu of said contract or instrument of guarantee, file
a resolution or letter from officers authorized to act in their behalf,
agreeing to comply with the provisions of this Section.
(6) The subdivider shall agree in the development contract to pay
all street and sidewalk assessments, including all area charges for sanitary
.sewer interceptors, force mains, pumping stations and all water main
assessments, including where the land division abuts existing streets which are
not improved within the City standard street improvements (including, but not
limited to curb and gutter, local storm sewer, sidewalks and a bituminous
pavement).
(c)
Waiver Special of Assessment Notice and Hearing. The subdivider shall file with said contract, subject to
the approval of the City Attorney, a waiver of special assessment notices and
hearings such that the subdivider, his heirs and assigns (including purchasers
of property from the subdivider, waive notice and hearing for and authorize the
assessment for any and all of the required public improvements in phases of the
land division intended for future development in accordance with Sec.
66.60(18~, Wis. Stats.
(d)
Improvement Guarantee.
The subdivider shall include in said contract an instrument of public
improvement guarantee by irrevocable letter of credit, certified check, cash
escrow deposit or performance bond whereby a bonding company [with assets
exceeding Ten Million Dollars ($10,000,000.00) and authorized to do business in
the State of Wisconsin] guarantees maintenance, repair, replacement by the
developer of said public improvements which deteriorate or fail to meet
performance or operating standards during the bond term, or any penalties which
may be incurred as a result thereof, equal to fifteen percent (15%) of the City
Engineer s estimate of the cost of the public improvements. If, within one (1)
year after the date of final acceptance of any public improvement by the Common
Council (or such longer period of time as may be prescribed. by. laws or
regulations or by the terms of any special guarantee required by the terms of
said contract as may be necessary due to the phasing of the construction of
public improvements), any work on any public improvement is found to be defective,
the subdivider shall remove it and replace it with nondefective work in
accordance with written instructions given by the City Engineer. If the
subdivider does not promptly comply with the terms of such instructions, or in
an emergency where delay would cause serious risk of loss or damage, the City
may cause the removal and replacement of said defective work and charge all
direct, indirect and consequential costs of such removal and replacement to the
performance bond or improvement guarantee instrument.
(a)
Engineering Reports,
Construction Plans and Specifications. As required by Section 14-1-31, engineering reports, plans
and proposed specifications shall be submitted simultaneously with the filing
of the Preliminary Plat. At the Final
Plat stage, construction plans for the required improvements conforming
in all respects with the standards of the City Engineer and the ordinances of
the City shall be prepared at the subdivider's expense by a professional
engineer who is registered in the State of
(1)
Street Plans
and Profiles showing existing and
proposed grades, elevations and cross sections of required improvements.
(2)
Sanitary Sewer plans and profiles showing the locations, grades, sizes,
elevations and materials of required facilities.
(3)
Storm Sewer
and Open Channel plans and profiles showing the locations, grades, sizes, cross
sections, elevations and materials of required facilities.
(4)
Water Main plans and profiles showing the locations, sizes, elevations
and materials of required facilities.
(5)
Erosion and
Sedimentation Control plans
showing those structures required to retard .the rate of runoff water and those
grading and excavating practices mat will prevent erosion and sedimentation.
Such plans shall comply with the City's Erosion Control Chapter (Building
Code).
(6)
Planting Plans showing the locations, age, caliper, species and time of
planting of any required grasses, vines, shrubs and trees.
(7)
Stormwater
Management Plan and Report showing
elevations, contours, facilities, details, structures, computations, and
required information.
(b) Action by the City
Engineer. The City Engineer shall review or cause to be reviewed the plans
and specifications for conformance with the requirements of this Chapter and
other pertinent City ordinances and design standards recommended by the City
Engineer and approved by the Common Council. If the City Engineer rejects the
plans and specifications, he shall notify the owner, who shall modify the plans
or specifications or both accordingly. When the plans and specifications are
corrected, the City Engineer shall approve the plans and specifications or
transmittal to the Common Council. The Common Council shall approve the plans
and specifications before the improvements are installed and construction
commenced.
(c) Construction
and Inspection.
(1)
Prior to
starting any of the work covered by the plans approved above, written
authorization to start the work shall be obtained from the City Engineer upon
receipt of all necessary permits and in accordance with the construction
methods of this Chapter. Building
permits shall not be issued until all improvements required by this Chapter are
satisfactorily completed.
(2)
During the
course of construction, the City Engineer shall make such inspections as the
Common Council deems necessary to insure compliance with the plans and
specifications as approved. The owner
shall pay the actual cost incurred by the City for such inspections. This fee shall be the actual cost to the City
of inspectors, engineers and other parties necessary to insure satisfactory
work.
(e)
Subdivider to
Reimburse the City for Costs Sustained. The subdivider of land divisions within
the City shall reimburse the City for its actual cost of design, inspection,
testing, construction and associated legal and real estate fees for the
required public improvements for the land division. The City's costs shall be determined as
follows:
(1)
The cost of
City employees' time engaged in any way with the required public improvements
based on the hourly rate paid to the employee multiplied by a factor determined
by the Business Administrator to represent the City's cost for expenses,
benefits, insurance, sick leave, holidays, vacation and similar benefits.
(2)
The cost of
City equipment employed.
(3)
The cost of
mileage reimbursed to City employees which is attributed to the land division.
(4)
The actual
costs of City materials incorporated into the work, including transportation
costs plus a restocking and/or handling fee not to exceed ten percent (10%) of
the cost of the materials.
(5)
All consultant
fees associated with the public improvements at the invoiced amount plus
administrative costs. Unless the amount
totals less than Fifty Dollars ($50.00), the City shall bill the subdivider
monthly for expenses incurred by the City.
Bills outstanding for more than thirty (30) days shall accrue interest
at the rate of one and one-half percent (1-1/2%) per month. Bills outstanding for more than ninety (90)
days shall be forwarded to the subdivider's surety agency for payment. Amounts less than Fifty Dollars ($50.00)
shall be held for billing by the City until amounts total more than Fifty
Dollars ($50.00) or until the conclusion of project activities.
(e) Record Plans. After completion of all public improvements and
prior to final acceptance of said improvements, the subdivider shall make or
cause to be made three (3) copies of record plans showing the actual location
of all valves, manholes, stubs, sewers and water mains and such other
facilities as the City Engineer shall require. These plans shall be prepared on
the original mylars of the construction plans and shall bear the signature and
seal of a professional engineer registered in
The
subdivider shall construct streets, roads and alleys as outlined on the
approved plans based on the requirements of this Chapter:
(a) General Considerations.
The streets shall be designed and located in relation to existing and planned
streets, to topographical conditions and natural terrain features such as
streams and existing tree growth, to public convenience and Sec. 14-1-53
Subdivision Regulations safety, and in their appropriate relation to the
proposed uses of the land to be served by such streets.
(b) Construction Standards.
Construction of all streets shall conform to the current standards as
established by the City and shall be subject to approval of the City Engineer
before acceptance.
(c) Conform to Official
Map. The arrangement, width, grade and location of all streets shall
conform to the Official Map.
(d) Survey Monumentation-
Before final approval of any plat or certified survey within the corporate limits
of the City, the subdivider shall install monuments placed in accordance with
the requirements of Chapter 236, Wis. Stats., or as may be required by the City
Engineer. All survey monumentation located adjacent to street or public
rights-of-way, but not located within street pavementation, shall be protected
with steel fence posts erected near the survey monumentation. The City Engineer
may waive the placing of monuments for a reasonable time during public
improvement construction on condition that the subdivider executes a survey to
insure the placing of such monuments within the time required. On behalf of the
City, the Business Administrator is authorized to accept such surety bonds and
contracts for monumentation in an amount approved by the City Engineer.
Building permits shall not be issued until all survey monumentation for the
block(s) of lots in which the lot(s) for which building permits are being
applied for within the phase of the land division under development has been
installed. When the land division includes and established one-half (1/2),
one-quarter (1/4), one-quarter one-quarter (1/4-1/4), or such other section
monument, the established monument shall be preserved and/or fully restored by
the subdivider at his cost.
(e) Grading.
(1)
With the submittal
of the Final Plat, the subdivider shall furnish drawings, which indicate the
existing and proposed grades of roads, streets and alleys shown on the plat.
(2)
Proposed
grades will be reviewed by the City Engineer for conformance with City
standards and good engineering practice. Street grades require the approval of
the Common Council after receipt of the City Engineer's recommendations.
(3)
After the
installation of temporary block corner monuments by the subdivider and
establishment of street grades according to standards grading shall extend for
a sufficient distance beyond the right-of-way to ensure that the established
grade will be preserved.
(4)
Where electric
and other communications or utilities facilities are to be approved by the
governing body, the subdivider shall grade the full width of the right-of-way
of the streets and alleys proposed to be dedicated, including the vision
clearance triangle on corner lots.
(5)
In cases where
an existing street right-of-way is made a part of the plat or abuts the .plat,
the subdivider shall grade that portion of the right-of-way between the
existing pavement and the property line.
(6)
The bed for
the roadways in the street rights-of-way shall be graded to subgrade elevation.
(7)
The City
Engineer shall approve all grading within rights-of-way and said installed
underground, the utility easements shall be graded to within four (4) inches of
the final grade by the subdivider, prior to the installation of such
facilities; earth fill piles or mounds of dirt or construction materials shall
not be stored on such easement areas.
(f)
Street Construction.
After the installation of all utility and storm water drainage improvements,
the subdivider shall prepare for surfacing all roadways in streets proposed to be dedicated, to the
widths prescribed by these regulations, by placing crushed rock on said
roadways and, in addition, shall surface said street, in a manner and quality
consistent with plans and specifications approved by the City Engineer. The
subdivider shall surface roadways to the widths prescribed by. City
specifications. Construction shall be to City standard specifications for
street improvements.
(g)
Street Cross Sections.
When permanent street cross sections have been approved by the City, the
subdivider shall finish grade all shoulders and road ditches, install all
necessary culverts at intersections and, if required, surface ditch inverts to
prevent erosion and sedimentation in accordance with plans and standard
specifications approved by the City Engineer.
(h)
Completion of Street and Sidewalk Construction.
(1)
Prior to any
building permits being issued on lands adjacent to streets and/or sidewalks,
all street and sidewalk construction shall be completed by the subdivider, approved by the City Engineer
and accepted by the Common Council.
(2)
The Common
Council may issue a waiver of these requirements in unusual or special
circumstances such as excessively severe weather conditions, heavy construction
temporarily in area or construction material shortages (i.e., cement, asphalt).
The issuance of a waiver shall be at the discretion of the Common Council.
(3)
The subdivider
requesting a waiver shall do so in writing, presenting such information and
documentation as required by. the Common Council. The waiver shall be in
written form and shall detail which improvement requirements are temporarily
waived and for what period of time.
After
the installation of all utility and storm water drainage improvements, the
subdivider shall construct concrete curbs and gutters in accordance with plans
and standard specifications approved by the City Engineer. Wherever possible, provision shall be made at
the time of construction for driveway access curb cuts. The cost of installation of all median curbs
and gutters for dual roadway pavements shall be borne by the City.
(a)
The subdivider
shall construct a sidewalk on one (1) side of all frontage streets and both
sides of all arterial and collector streets within the subdivision. The Plan
Commission may require the construction of sidewalks on local streets. The
construction of all sidewalks shall be in accordance with plans and standard
specifications approved by the City Engineer.
(b)
Wider-than-standard
sidewalks may be required by the Plan Commission in the vicinity of schools,
commercial areas and other places of public assemblage; and the Plan Commission
may require the construction of sidewalks in locations other than required
under the preceding provisions of this Section if such walks are necessary, in
their opinion, for safe and adequate pedestrian circulation.
(c)
All sidewalks
shall be installed prior to the issuance of an occupancy permit for any lot
within a subdivision; but, in no event, not later than one (1) year from
acceptance of the Final Plat. If the sidewalk is not installed within one (1)
year from the acceptance of the Final Plat, the City will order the sidewalk
installed. If it is impossible to install sidewalks prior to the issuance, due
to weather conditions, then the developer shall place adequate funds in escrow
with the City to assure completion.
(a)
The subdivider
shall construct sanitary sewers in such a manner as to make adequate sanitary
sewerage service available to each lot within the subdivision. If central sewer
facilities are not available, the subdivider shall make provision for adequate
private sewage disposal systems as specified by the community Board of Health
and the Division of Health, Department of and Social Services; however, any lot
containing less than one (1) acre of land and being less than .one hundred
fifty (150) feet wide must be served by public sanitary sewer facilities,
unless in the considered opinion of the Plan Commission such service will be
made available to the subdivision within five (5) years of the date of the
submission of the Preliminary Plat. The City Plan Commission may require the
installation of sewer laterals to the street lot line. If, at the time of final
platting, sanitary sewer facilities are not available to the plat, but will
become available within a period of five (5) years from the submission of the
Preliminary Plat, the subdivider shall install or cause to be installed
sanitary sewers and sewer laterals to the street lot line in accordance with
this Section and shall cap all laterals as may be specified by the City
Engineer. The size, type and installation of all sanitary sewers proposed to be
constructed shall be in accordance with plans and standard specifications
approved by the City Engineer. All sanitary sewer facilities shall be flood
proofed.
(b)
The subdivider
shall assume the cost of installing all sanitary sewers eight (8) inches in
diameter or less in size. If greater than. eight (8) inch diameter sewers are
required to handle the contemplated sewage flows, the cost of the materials
only of such larger sewers shall be reimbursed by the City to the subdivider.
The subdivider shall pay all costs associated with installation of sewer.
(a)
The subdivider
shall construct water mains in such a manner as to make adequate water service
available to each lot within the subdivision. If municipal water service is not available, the
subdivider shall make provision for adequate private water systems as specified
by the community Board of Health and the Division of Environmental Protection;
however, any lot containing less than one (1) acre of land and being less than
one hundred fifty (150) feet wide must be served by public water facilities,
unless in the considered opinion of the Plan
Commission such services will be made available to the subdivision
within five (5) years of the date of the submission of the Preliminary Plat.
The Plan Commission 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 approved by the City Engineer.
(b)
The subdivider
shall assume the cost of installing all water mains six (6) inches in diameter
or less in size. If greater than six (6) inch diameter water mains are
required, the cost of materials only shall be reimbursed by the City to the
subdivider. The subdivider shall pay all costs associated with the installation
of mains. All water systems shall be flood proofed.
Pursuant to Section 14.1.74 and
Section 6.5, the subdivider shall provide storm water drainage facilities and
stormwater management facilities which may include curb and gutter, catch
basins and inlets, storm sewers, road ditches and open channels, and stormwater
detention/retention facilities as may be required. All such facilities
are to be of adequate size and grade to hydraulically accommodate maximum
potential volumes of flow, the type of facility required, the design criteria
and the sizes and grades to be determined by the City Engineer. Storm drainage
facilities shall be so designed as to present no hazard to life or property,
minimize shoreland erosion and siltation of surface waters, shall prevent
excess run-off on adjacent .property and shall provide positive drainage away
from on-site sewage disposal facilities. The size, type and installation of all
storm water drain and sewers proposed to be constructed shall be in accordance
with this Chapter and plans and standard specifications approved by the City
Engineer. Storm drainage facilities shall be so designed as to minimize hazards
to life or property, and the size, type and installation of all storm water
drains and sewers proposed to be constructed shall be in accordance with the
plans and specifications approved by the City Engineer. Storm sewers oversized
to handle runoff from offsite properties will be installed by the subdivider;
however, the cost of oversizing above a twenty-four (24) inch diameter storm
sewer shall be paid by other users connecting to the system.
(a) The subdivider shall cause gas, electric power, cable
television and telephone facilities to be installed in such a manner as to make
adequate service available to each lot in the subdivision, certified survey or
land division. All new electrical
distribution, television cables and telephone lines from which lots are
individually served shall be underground unless the Plan Commission
specifically allows overhead poles for the following reasons:
(1)
Topography,
soil, water table, solid rock, boulders, or other physical conditions would
make underground installation unreasonable or impractical; or
(2)
The lots to be
served by said facilities can be served directly from existing overhead
facilities.
(b) Plans indicating the proposed location of all gas, electrical
power, street lights, cable television and telephone distribution and
transmission lines required to service the plat shall be approved by the City
Engineer.
The
subdivider shall install street lamps along all streets proposed to be
dedicated of a design compatible with the neighborhood and type of development
proposed. Such lamps shall be placed at
each street intersection and at such interior block spacing as may be required
by the City Engineer.
The.
subdivider shall arrange with the
City and pay
the costs of
providing the street signing necessary
to serve the
development. Such signing shall
include all street name signs and traffic control signing and other devices,
including such temporary barricades and "road dosed" signs as may be
required by the City Engineer until the street improvements have been accepted
by Common Council resolution.
Any
public improvements occurring on the boundaries of a subdivision shall be paid
for by using the normal assessing methods for establishing payments. Similarly,
undeveloped. and shall have the same assessing policies as this Chapter
provides. The intention is that the
owners of said land shall pay for all improvements using the same procedures as
in this Chapter.
Pursuant
to the City's Construction Site Erosion Control Chapter (Building Code), the
subdivider shall cause all gradings, excavations, open cuts, side slopes, and
other land surface disturbances to be mulched, seeded, sodded or otherwise
protected so that erosion, siltation, sedimentation and washing are
prevented. The subdivider shall submit
an erosion control plan that specifies measures that will be taken to assure
the minimization of erosion problems.
(a)
Utility Easements.
The Common Council, on the recommendation of appropriate departments and
agencies serving the City, shall require utility easements for poles, wire,
conduits, storm and sanitary sewers, gas, water or other utility lines. It is
the intent of this Chapter to protect all established easements so as to assure
proper grade, assure maintenance of the established grade, prohibit
construction of permanent fences or retaining walls over underground
installation and prevent the planting of trees in the easement area.
(b)
Drainage Easements.
Where a subdivision is traversed by a watercourse, drainage way, channel or
stream:
(1)
There shall be
provided a storm water easement or drainage right-of-way conforming
substantially to the lines of such watercourse and such further width or
construction, or both, as will be adequate for the purpose and as may be
necessary to comply with this Section; or
(2)
The
watercourse, drainage way, channel or stream may be relocated in such a manner
that the maintenance of adequate drainage will be assured and the same provided
with a storm water easement or drainage right-of-way conforming to the lines of
the relocated watercourse, and such further width or construction, or both, as
will be adequate for the purpose and may be necessary to comply with this
Section.
(3)
Wherever
possible, it is desirable that drainage be maintained by an open channel with
landscaped banks and adequate width for maximum potential volume flow. In all
cases, such water course shall be of a minimum width established at the
high-water mark or, in the absence of such specification, not less than thirty
(30) feet. If, in the opinion of the City Engineer, the easement .will. be for
a .major drainage swale, the easement shall be of sufficient width to contain a
one hundred (100) year frequency storm. If
the drainage easement is located in an established floodway or flood
fringe district, the entire floodplain area shall be included within the
drainage easement.
(c) Easement Locations.
Such easements shall be at least twelve (12) feet wide, or wider where
recommended by the City Engineer, and may run across lots or alongside of rear
lot lines. Such easements should preferably be located along rear lot lines.
Evidence shall be furnished the Plan Commission and Common Council that
easements and any easement provisions to be incorporated in the plat or in
deeds have been reviewed by the individual utility companies or the
organization responsible for furnishing the services involved.
When
any public improvements of adequate capacity are not available at the boundary
of a proposed land division, the City, or its duly authorized representative,
shall require, as a prerequisite to approval of a Final Plat or certified
survey map, assurances that such improvement extensions shall be provided as
follows in accordance with the following standards:
(a)
Design Capacity.
All improvements within or entering or leaving the proposed development shall
be installed to satisfy the service requirements for the entire service or
drainage area in which the development is located and the improvements shall be
of sufficient capacity to handle the expected development of the overall
service area involved.
(b)
Extra-sized and Off-size Improvements. Where improvements of adequate size needed to serve the
development are not available at the boundary of the development, the
subdivider shall proceed under one (1) of the alternatives as identified in
Section 14-1-50(a).
(c)
Lift Stations.
Where sanitary or storm sewer lift stations and force mains are required to lift
sewage to the gravity system, the subdivider shall have plans, profiles,
specifications and estimated operation and maintenance costs prepared tot the installation of such facilities to
the City Engineer's requirements. Equipment similar to existing City equipment
shall be utilized whenever possible. The installation, inspection, supervision
and engineering fees for lift stations determined and agreed upon by the Common
Council. Gravity sanitary sewer service
shall be employed whenever determined by the City Engineer to be feasibly
accessible.
(a) Acceptance of
Improvements. The dedication of any improvements, utilities, streets,
parks, easements, rights-of-way or other lands or rights to the City or the
public shall not be considered accepted by the City for public ownership until
such time as the required public improvements within the intended dedication or
necessary because of the intended dedication have been completed and accepted
by the Common Council by adoption of a resolution accepting such
dedication. The subdivider shall be
responsible for and liable for the maintenance, safety and operation of all
required public improvements until such time as the improvements are accepted
by the Common Council by resolution. In the event the City must take measures
to maintain, operate or make safe a public improvement existing or required as
a result of the land division but which has not yet been accepted by the City,
the costs of such measures shall hereby be determined to be City-incurred costs
to be reimbursed to the City by the subdivider in accordance with the
provisions of this Chapter.
(b) Inspection
and Certification of Improvements.
(1)
Inspection of
Improvements. After any of the
following increments of the required improvements have been installed and
completed, the subdivider shall notify the City Engineer, in writing, that the
work is complete and ready for final inspection, shall file reproducible record
drawings of the completed improvements and shall file hen waivers or
affidavits, in a form acceptable to the City Engineer and approved by the City
Attorney, evidencing that there are no claims, actions or demands for damages,
based upon contract or tort arising out of or in any way related to the project
and that no moneys are owned to any surveyor, mechanic, contractor,
subcontractor, material man or laborer after all required improvements have
been installed. Acceptance of the improvements may be requested in the
following increments:
a.
Erosion
control practices.
b.
Sewer mains
and services (either storm or sanitary).
c.
Water mains
and services.
d.
Streets
comprised of all grading, gravel, curb and gutter, culverts and paving.
e.
Stormwater
management facilities.
f.
Other
miscellaneous appurtenances to the above increments such as sidewalks,
bikeways, street lighting, street signing, etc.
(2)
Certification
of Improvements. The Business
Administrator shall certify that there are no unpaid taxes or unpaid special
assessments on any of the lands included in the area of acceptance and shall
prepare a final billing for engineer, inspection and legal fees and submit it
to the subdivider for payment. The City Engineer shall conduct any necessary
final inspections of the improvements and forward a report to the Business Administrator
recommending either approval or disapproval. When the engineering, inspection,
taxes, special assessments and legal fees have been paid and when the necessary
lien waivers and affidavits have been filed, the report of the City Engineer,
together with the recommendation of the Business Administrator, shall be
forwarded to the Common Council for approval and acceptance of the improvements
and dedications.
(c)
Financial Security.
(1)
Bonding. No
such resolution shall be adopted unless the subdivider has deposited with the
Business Administrator an instrument of guarantee or corporate surety
performance bond in accordance with Section 14-1-51 whereby a bonding company
[with assets exceeding Ten Million Dollars, ($10,000,000.00) and authorized to
do business in the State of Wisconsin] guarantees maintenance, repair,
replacement by the developer of said public improvements which deteriorate or
fail to meet performance or operating standards during the bond term or any
penalties which may be incurred as a result thereof. Said bond. to be in an
amount equal to fifteen percent (15%) of the City Engineer s estimate of the
cost of the required improvements but not less than Ten Thousand Dollars
($10,000.00) or as recommended by the City Engineer for a term not less than
one (1) year from City acceptance of the land division improvements and
dedications with a termination date not in the months of November, December,
January, February, March or April, together with an affidavit by the subdivider
that the maintenance of said public improvements will be guaranteed by the
subdivider due to use of the improvements by purchasers and construction
traffic.
(2)
Notice. Prior to any maintenance, repair or replacement being
performed by the developer during the bond period, it shall notify the City
Engineer at least one (1) workday prior to the doing of the work and obtain
approval of the City Engineer as to the nature and manner of work to be done.
ARTICLE G
(a)
Compliance with Statutes.
In laying out a subdivision, the owner shall conform to the provisions of
Chapter 236, Wis. Stats., and all applicable City regulations. In all cases
where the requirements of this Chapter are different from the requirements of
Chapter 236, the more restrictive provision shall apply.
(b)
Dedication
The subdivider shall dedicate land and improve streets as provided in this
Chapter and Section 14-1-53. Streets shall be located with due regard for topographical
conditions, natural features, existing and proposed streets, utilities and land
uses and public convenience and safety. Streets shall conform to official maps
adopted by the Common Council. The subdivision, certified survey parcel or land
division shall be so designed as to provide each lot with satisfactory access
to a public street or road.
(c)
Compliance with Comprehensive Plan. The arrangement, character, extent, width, grade and
location of all streets shall conform to any City Comprehensive Development
Plan and to this Chapter and shall be considered in their relation to existing
and planned streets, to reasonable circulation of traffic, to topographical
conditions, to run-off of storm water, to public convenience and safety, and in
their appropriate relation to the proposed uses of the land to be served by
such streets. The arrangement of streets in new subdivisions shall make
provision for the appropriate continuation at the same width of the existing
streets in adjoining areas.
(d)
Areas Not Covered by Official Map. In areas not covered by a City Comprehensive Plan, the
layout of streets shall conform to the plan for the most advantageous
development of adjoining areas of the neighborhood. Streets shall be designed
and located in relation to existing and 'officially planned streets, topography
and natural terrain, .streams and lakes and. existing tree growth, public
convenience and safety and in their appropriate relation to the proposed use of
the land to be served by such streets.
(e)
Street Classifications.
Streets shall be classified as indicated below.
(1)
Arterial
Streets. Arterial streets
shall be arranged to provide through traffic for a heavy volume of vehicles.
Arterial streets shall be arranged so as to provide ready access to centers of
employment, centers of govern- mental activity, shopping areas, recreation
areas and points beyond the boundaries of the community. They shall also be
properly integrated with and related to the existing and proposed system o]~
major streets and highways and shall be, insofar as practicable, continuous and
in alignment with existing or planned streets with which they are to connect.
(2)
Collector
Streets. Collector streets
shall be arranged so as to provide ready collection of traffic from commercial
and residential areas and conveyance of this traffic to the major street and
highway system and shall be properly related to special traffic generators such
as schools, churches and shopping centers and other concentrations of
population and to the major streets into which they feed.
(3)
Minor/Local
Streets. Minor streets shall
be arranged to conform to the topography, to discourage use by through traffic,
to permit the design of efficient storm and sanitary sewerage systems and to
require the minimum street area necessary to provide safe and convenient access
to abutting property.
(4)
Proposed
Streets. Proposed streets
shall extend to the boundary lines of the tract being subdivided unless
prevented by topography or other physical conditions or unless, in the opinion
of the Plan Commission, such extension is not necessary or desirable for the
coordination of the layout of the subdivision or land division or for the
advantageous development of the adjacent tracts.
(f)
Reserve Strips.
Reserve strips shall not be provided on any plat to control access to streets
or alleys, except where control of such strips is placed with the City under
conditions approved by the Plan Commission.
(g)
Alleys.
(1)
Commercial and
Industrial. Alleys shall be
provided in all commercial and industrial districts, except that the Plan
Commission waive this requirement where other definite and assured provision is
made for service access, such as off-street loading and parking, consistent
with and adequate for the uses proposed.
(2)
Residential. Alleys shall not be approved in residential areas unless
necessary because of topography or other exceptional circumstances.
(3)
Dead End. Dead-end alleys are prohibited except under very unusual
circumstances, and crooked and "T~ alleys shall be discouraged. Where
dead-end alleys are unavoidable, they shall be provided with adequate
turn-around facilities at the dead end.
(h) Continuation.
Streets shall be laid out to provide for possible continuation wherever topographic and other physical
conditions permit. Provision shall be made so that all proposed streets shall
have a direct connection with, or be
continuous and in line with, existing planned or platted streets with
which they are to connect. Proposed
streets shall be extended to the boundary lines of the tract to be subdivided,
unless prevented by topography or other physical conditions, or unless in the opinion of the
Common Council, upon the recommendation of the Plan Commission, such extension
is not necessary or desirable for the
coordination of the layout of the subdivision with existing layout or the most
advantageous future development of adjacent tracts. Dead-end streets not over
five hundred (500) feet in length will be approved when necessitated by the
topography.
(i)
Minor Streets.
Minor streets shall be so laid out so as to discourage their use by through
traffic.
(j)
Frontage Roads.
Where a subdivision abuts or contains an existing or proposed arterial highway, the Plan Commission may
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.
(k)
Private Streets.
Private streets shall not be approved nor shall public improvements be approved
for any private street; all streets shall be dedicated for public use.
(l)
Visibility.
Streets shall afford maximum visibility and safety and shall intersect at right
angles where practicable. As required by the City Engineer, sufficient vision clearance triangles shall be provided
at intersections.
(m)
Tangents.
A tangent at least one hundred (100) feet long shall be required between reverse curves on arterial and
collector streets.
(n)
Street Grades.
(1)
Unless
necessitated by exceptional topography subject to the approval of the Plan
Commission, the maximum centerline grade of any street or public way shall not
exceed the following:
·
Arterial
streets: six percent (6%).
·
Collector
streets: eight percent (8%).
·
Minor streets,
alleys and frontage streets: eight percent (8%).
·
Pedestrian
ways: twelve percent (12%) unless steps or acceptable design are provided.
·
The grade of
any street shall in no case exceed twelve percent (12%) or be less than
one-half (1/2) of one percent (1%).
(2)
Street grades
shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of
ground cover and tree growth, and general leveling of the topography.
(3)
All pavement
shall have a minimum cross slope of 0.020 ft/ft and a minimum longitudinal
slope of 0.50 percent.
(o)
Radii of Curvature.
When a continuous street centerline deflects at any one (1) point by more than
ten (10) degrees, a circular curve shall be introduced having a radius of
curvature on said centerline of not less than the following:
·
Arterial
streets and highways: five hundred (500) feet.
·
Collector
streets: three hundred (300) feet.
·
Minor streets:
one hundred (100) feet.
Curves should be provided when centerline defections exceed
one (1) degree in rural areas and in urban areas when defection exceeds three
(3) degrees. All changes in street grades shall be connected by vertical curves
of a minimum length equivalent m feet to fifteen (15) times the algebraic
difference in the rates of grade for all major streets and one-half (1/2) this
minimum for all other streets.
(p)
Half Streets.
Where an existing dedicated or platted half-street is adjacent to the
subdivision, the other half-street shall be dedicated by the subdivider. The
platting of haft-streets should be avoided where possible.
(q)
Intersections.
(1)
Property
Lines. Property lines at
street intersections of major thoroughfares shall be rounded with a radius of
fifteen (15) feet or of a greater radius where the City Engineer considers it
necessary.
(2)
Angle of
Intersect. Streets shall
intersect each other at as nearly right as topography and other limiting
factors of good design permit.
(3)
Number of
Streets Converging. The number
of streets converging at one (1) intersection shall be reduced to a minimum,
preferably not more than two (2). Cross-type intersections on local streets
shall be avoided whenever possible in favor of T-type intersections.
Intersections of local streets shall be at least one hundred twenty-five (125)
feet from each other.
(4)
Number of
Intersections. The number of
intersections along arterial streets shall be held to a minimum. Wherever
practicable, the distance between such intersections shall be not less than
twelve hundred (1,200) feet.
(5)
Property Lines
at Street Intersections. Property
lines at street intersections shall be rounded with a minimum radius of fifteen
(15) feet or of a greater radius when required by the Plan Commission or shall
be terminated a straight line through the points of tangency of an arc having a
radius of fifteen (15) feet.
(6)
Local Streets. Local streets shall not necessarily continue across arterial
or collector streets, but if the centerlines of such local streets approach the
major streets from opposite sides within three hundred (300) feet of each
other, measured along the centerline of the arterial or collector streets, then
the location shall be so adjusted that the adjoinment across the major or
collector street is continuous.
(7)
Additional
Sight Easements. At any
intersection determined by the City Engineer, restricted development easements
or additional street right-of-way shall be platted to provide for adequate
sight distances in every direction of travel. At a minimum, the subdivider
shall grade, clear or otherwise provide for an unobstructed sight triangle at
all intersections incorporating an area within a triangle formed by the intersection
of the street right-of-way lines and a point on each right-of-way line being
not less than thirty (30) feet from the intersection point.
(r)
Street Names.
(1)
New street
names shall not duplicate the names of existing streets, but streets that are
continuations of others already in existence and named shall bear the names of
the existing streets. Street names shall
be subject to approval by the Plan Commission and Common Council.
(2)
All streets
shall be named in conformity with the street naming plan of the City or with
adjoining streets. In the case of diverging streets, the name shall be
repeated. New street names shall not duplicate the names of existing streets,
provided, however, that streets that axe obviously in alignment with others
already existing and names shall bear the names of the existing streets. Long
or continuous thoroughfares running north and south shall be named avenues;
those running east and west shall be named streets; diagonal thoroughfares
shall be named roads; and curving thoroughfares shall be named drives. Short or
discontinuous thoroughfares running north and south shall be named courts;
those running east and west shall be named places; diagonal thoroughfares shall
be named ways; and curving thoroughfares shall be named lanes.
(s)
Cul-de-sacs.
(1)
Cul-de-sacs. Cul-de-sac streets designed to have one (1) end permanently
closed shall not exceed five hundred (500) feet in length. All cul-de-sac
streets designed to have one (1) end permanently closed shall terminate with a
turnaround of not less than one hundred (100) feet in diameter of right-of-way
and a roadway of not less than seventy (70) feet in diameter. The use of
cul-de-sacs should be avoided where possible.
(2)
Temporary
Dead-ends or Cul-de-sacs. All
temporary dead-ends shall have a maximum length of eight hundred (800) feet and
a temporary cul-de-sac shall have a minimum right-of-way radius of sixty-six
(66) feet and a minimum inside curb radius of forty (40) feet.
(t)
Limited
(1)
Subdivision
Iots. When lots within the proposed subdivision back upon the right-of.-way
.of an existing. or proposed limited access highway or a railroad, a planting
strip at least thirty (30) feet in depth shall be provided adjacent to the
highway or railroad in addition to the normal lot depth. This strip shall be
part of the platted lots but shall have the following restriction. lettered on
the face of the plat: "This strip reserved for the planting of trees and
shrubs, the building of structures hereon prohibited.
(2)
Commercial and
Industrial Districts. Commercial
and industrial districts shall have provided, on each side of the limited
access highway, arterial street or railroad, streets approximately parallel to
and at a suitable distance from such highway or railroad for the appropriate
use of the land between such streets and highway or railroad, but not less than
one hundred fifty (150) feet.
(3)
Streets
Parallel to a
(4)
Minor Streets. Minor streets immediately adjacent and parallel to railroad
rights-of-way shall be avoided, and location of minor streets immediately
adjacent to arterial streets and highways and to railroad rights-of-way shall
be avoided in residential areas.
(a)
General Requirements.
(1)
Construction
Standards. All roadway
construction and materials used shall be performed in accordance with the
construction methods as listed in the appropriate sections of the "State
of Wisconsin Department of Transportation Standard Specifications for Road and
Bridge Construction" and its supplements, and this Chapter, whichever is
more restrictive. The design requirements of this Section and Section 14-1-70
shall be applicable to all streets and roads that are to be dedicated to the
City, regardless of whether such streets or roads are part of a new subdivision
or land division. Design requirements for the pavement shall be adequate for
the zoning classification of the area served by the subject street.
(2)
Project Costs. All roadway surveys, dedications, plans and specifications
and construction will be at the expense of the applicant or applicants. This includes any expense incurred by the
City in the preparation of plans and review and inspection of plans and
construction.
(3)
Preliminary
Consultation. Prior to the
design, preparation and construction of
any roadway to be dedicated to the City of
(4)
Material
Slips. Copies of material
slips for all materials furnished for the road construction projects shall be
delivered to the City before the City approves the final construction.
(5)
Required
Inspections. Prior to the
commencement of any street construction, the subdivider shall notify the City
Engineer, at least one (1) workday in advance, as to the nature of the work
being done. The City Engineer shall be contacted for required inspections
during the following phases of construction:
a.
Sub-base
grading;
b.
Crushed
aggregate base course;
c.
Bituminous
surface course;
d.
Concrete curb
and gutter;
e.
Landscaping;
and
f.
Final
inspection.
Any deficiencies found by the City Engineer shall be
corrected before proceeding to the next phase of construction.
(6)
Tests of Materials. The City reserves the right to obtain a sample of the
roadway base material prior to placement on the roadway for purposes of
determining whether the material meets gradation and soundness requirements.
(7)
Pavement
Samples. Samples of
bituminous concrete will be taken by the City during pavement construction
operations for purposes of determining that the material meets specifications.
(b)
Construction
Standards. All streets and highways constructed in the City or to be dedicated
to the City shall fully comply with the following construction standards:
(1) Right-of-Way.
The right-of-way and roadway of all streets and alleys shall be of the width
specified on the plans for development or, if no width is specified there, the
minimum widths shall be as follows:
Street Right-of-Way
Major street 110
ft.
Collector street 90
ft.
Minor street 60
ft.
(over 600 ft. in length)
Minor street 50
ft.
(under 600 ft. in length and cul-de-sacs)
Alleys 30
ft.
Frontage 40
ft.
(2) Roadway
Base Thickness.
a.
Residential
streets shall have a minimum roadway base thickness of six (6) inches of
compacted in-place crushed aggregate base course of gradation No. 2 in the top
layer and gradations No. 1 and No. 2 in the lower level.
b.
On commercial,
arterial or other heavy-use 'streets, as determined by the City Engineer, a
base course of eight (8) inches compacted shall be constructed upon an
inspected and approved subgrade, either well graded crushed gravel from a
state-approved pit with a maximum stone of one and one-half (1-1/2) inches and
no greater than ten percent (10%) by weight passing a No. 200 sieve or No. 3
crushed rock approximately six (6)inches in depth and one (1) or more layers of
fine aggregate, either three-fourths (3/4) inch crushed gravel, well-graded
with no greater. than ten percent (10%) passing a No. 200 sieve, or
three-fourths (3/4) inch traffic-bound crushed rock.
c.
In the case of
commercial, arterial or other heavy-use roads, the Common Council may, in the
alternative to the above standards, have the City Engineer provide
specifications for such roads after researching the site(s) and conducting a
soil analysis.
d.
In any case,
the Common Council shall have the sole discretion in determining the use and
construction classification to be adhered to.
e.
In all cases,
the base course shall be compacted to the extent necessary to produce a
condition so that there will be no appreciable displacement of material
laterally and longitudinally under traffic and shall conform to line, grades
and shape shown on the approved plans, profiles and cross sections.
(3)
Roadway Base
Quality. All subgrade
material shall have a minimum California Bearing Ratio (CBR) of three (3).
Subgrade material having a CBR less than three (3) shall be removed and
replaced with a suitable fill material, or the pavement must be designed to
compensate for the soil conditions. The soil support CBR values selected for
use by the designer should represent a minimum value for the soil to be used.
(4)
Roadway
Sub-Base. Stable and nonorganic
sub-base material is required. Unstable and organic material must be subcut,
removed and replaced with a suitable granular or breaker-run material approved
by the City Engineer.
(5)
Pavement
Thickness. Residential streets
shall have a minimum of two and one-half (2-1/2) inches thick compacted
bituminous concrete pavement, placed in two (2) layers -- a binder course and
one and one-half (1-1/2) inches thick and a surface course of one (1) inch. On
commercial, arterial or other heavy-use streets, there shall be a minimum of
three and one-half (3-1/2) inches of bituminous concrete pavement, placed in
two (2) layers a binder course of two (2) inches thick and a surface course of
one and one-half (1-1/2) inches thick. In the case of commercial, arterial or
other heavy-use roads, the Common Council may, in the alternative to the above
standards, have the City Engineer provide specifications for paving such roads
after researching the site(s) and conducting a soil analysis. In any case, the
Common Council shall have the sole discretion in determining the use and
construction classification to be adhered to.
(6)
Roadway
Culverts and Bridges. Roadway
culverts and bridges shall be constructed as directed by the City Engineer and
sized utilizing the methods listed in Chapter 13, entitled
"Drainage," of the "Facilities Development Manual" of the
Wisconsin Department of Transportation. All roadway culverts shall be provided
with concrete or metal apron endwalls.
(7)
Driveway
Culverts. Driveway culverts
shall be sized by the City Engineer (if appropriate). The culverts shall be
placed in the ditch line at elevations that will assure proper drainage, and
they shall be provided with concrete, metal or landscape timber endwalls.
(8)
Topsoil.
Grass. Seed. Fertilizer and Mulch.
All disturbed areas (ditches, backslopes) within the road right-of-way not
provided with pavement and shouldering material shall be restored utilizing
four (4) inches of topsoil and good quality grass seed, fertilizer and mulch.
Ditches along the roadway with greater than a two and one-half percent (2.5%)
slope shall be protected by erosion control materials such as hay bales, sod,
erosion control mats, etc.
(9)
Drainage
Improvements. In the case of all
new roads and streets, the City Engineer may require that storm water retention
areas and storm sewers be constructed in order to provide for proper drainage.
(10)
Continuity and
Transitions.
a.
All street
pavement widths on streets continued from previously developed or platted
streets shall, wherever practical, provide for the greater of either the
existing or required pavement type, width, grade and cross slope.
b.
Where it is
necessary to provide for a transition of pavement width and/or type between new
and existing streets, the transition shall occur in a sate manner at an
intersection. In the event a transition in pavement width cannot safety occur
at an intersection, it shall not occur closer than two hundred fifty (250) feet
to the intersection of right-of-way lines. In width transitions, the ratio of
the transition length to width shall not be less than fifteen to one (15:1)
unless the City Engineer determines that special circumstances prevent use of
such ratio, in which case the minimum transition ratio shall be ten to one
(10:1).
(a) Length; Arrangement.
The lengths, widths and shapes of blocks shall be appropriate for the
topography and the type of development contemplated, but block length in
residential areas shall not exceed one thousand two hundred (1,200) feet nor
have less than sufficient width to provide for two (2) tiers of lots of
appropriate depth between street lines.
As a general rule, blocks shall not be less than five hundred (500) feet
in length. Blocks shall be so designated
as to provide two (2) tiers of lots, unless it adjoins a railroad, major
thoroughfare, never or park where it may have a single tier of lots.
(b) Pedestrian Pathway. Pedestrian pathway easements not less than
ten (10) feet wide, may be required by the Plan Commission, through the center
of a block more than nine hundred (900) feet long, where deemed essential to
provide circulation or access to schools, playgrounds, shopping centers,
transportation and other community facilities.
(a)
Size.
(1)
The size,
shape and orientation of lots shall be appropriate for the location of
topography of the subdivision, the type of sewerage or septic system to be
utilized, and for the type of development contemplated, provided that no lot
shall be smaller in area than the minimum lot size for the appropriate zone as
established by the City Zoning Code.
(2)
(b)
Commercial Lots.
Depth and width of properties reserved or laid out for commercial or industrial
purposes shall be adequate to provide for the off-street service and parking
facilities required by the type of use and development contemplated, as
required by the City Zoning Code.
(c)
Lots Where Abutting
(d)
Corner Lots.
Comer lots for residential use shall have extra width of ten (10) feet to
permit full building setback from both streets.
(e)
Access to Public Streets.
Every lot shall front or abut on a public street. Every lot shall front or abut
for a distance of at least thirty (30) feet on a public street and shall be not
less than sixty (60) feet in width at the building setback line, including
cul-de-sac lots.
(f)
Side Lots.
Side lot lines shall be substantially at right angles to or radial to abutting
street lines.
(g)
Double and Reversed Frontage Lots. Double frontage and reversed frontage lots shall be
avoided except where necessary to provide separation of residential development
from traffic arteries or to overcome specific disadvantages of topography and
orientation.
(h)
Natural Features.
In the subdividing of any land, regard shall be shown for all natural features,
such as tree growth, water courses, historic spots or similar conditions which,
if preserved, will add attractiveness and stability to the proposed
development.
(i)
Land Remnants.
All remnants of lots below minimum size left over after subdividing of a larger
tract must be added to adjacent lots, or a plan shown as to future use rather
than allowed to remain as unusable parcels.
(j)
Large Lots.
In case a tract is divided and results in parcels of more than twice the
minimum lot size provided for by the City Zoning Code for the zoning district
in which the land is located, such parcels shall be so arranged to permit
redividing into parcels in accordance with this Chapter and with the Zoning
Code.
(k)
Trunk Highway Proximity.
All lots adjacent to state trunk and federal highways shall be with additional
depth necessary to provide for a building setback line not less than fifty (50)
feet from the nearer right-of-way line or one hundred ten (110) feet from the
centerline, whichever is more restrictive (Ref. Wis. Adm. Code HY 33). The
subdivider may appeal this requirement to the City Engineer. Upon written
request of the City Engineer; the Wisconsin Department of Transportation is
hereby authorized to then determine building setback requirements equal to or
less than those required above in all land divisions (including certified
surveys) adjacent to state and federal highways in accordance with the
authority granted in the Administrative Code. The required building setback
line and additional lot depth shill be platted so as to accommodate such
required building setbacks.
(l)
Easement Allowance.
Lots containing pedestrian or drainage easements shall be platted to include
additional width in allowance for the easement.
(a)
Drainage
System Required. As required
by Section 14-1-58, a drainage system shall be constructed by the subdivider to
provide for the proper drainage of
surface water of the subdivision and the drainage area of which it is a
part. A Final Plat shall not be approved
until the subdivider shall submit plans, profiles and specifications as
specified in this Section, which have been prepared by a registered
professional engineer and approved by the Common Council, the recommendations
of the Plan Commission and City Engineer.
(b)
Drainage
System Plans and Stormwater Management Plan.
(1) The subdivider shall submit to the City at the time of filing
a Preliminary Plat a preliminary drainage plan or engineering report on the
ability of existing watercourse channels, storm sewers, culverts and other
improvements pertaining to drainage or flood control within the subdivision to
handle the additional runoff which would be generated by the development of the
land within the subdivision. Additional
information shall be submitted to adequately indicate that provision has been
made for disposal of surface water without any damage to the developed or
undeveloped land downstream or below the proposed subdivision. The report shall also include:
(a)
Estimates of
the quantity of storm water entering the subdivision naturally from areas
outside the subdivision.
(b)
Quantifies of
flow at each inlet or culvert.
(c)
Location,
sizes and grades of required culverts, storm drainage sewers and other required
appurtenances.
(2) A grading plan, to include erosion control practices for the
streets, blocks and lots shall be submitted by the subdivider for the area
within the subdivision.
(3)
The design
criteria for storm drainage systems shall be based upon information provided by
the City Engineer. Stormwater management
standards and criteria shall conform with Section 6.5.
(4) Material and construction specifications for all drainage projects (i.