SUBDIVISION AND PLATTING
18.05 General Requirements and Design Standards
18.06 Park Land Dedication Requirement and Fee in Lieu of Park Land Dedication
18.07 Required Improvements
18.08 Plats and Data
18.09 Land Divisions Other Than Subdivisions
18.10 Subdivisions Created by Successive Divisions
SUBDIVISION AND PLATTING 18.01
18.02 GENERAL. (1) Any division of land within the City or its ex-territorial plat approval jurisdiction which results in a subdivision as defined herein shall be, and any other division may be, surveyed and a plat thereof approved and recorded as required by this chapter and Ch. 236 and Section 66.32, WI Stats. (Am. #16-97)
(2) Any division of land other than a subdivision within the City or its extraterritorial plat approval jurisdiction of which a plat has not been approved and recorded, shall be surveyed and a certificate survey map of such division approved and recorded as required by Section 18.09.
(3) The provisions of this ordinance shall not apply to:
(a) Transfers of interests in land by will or pursuant to court order;
(b) Leases for a term not to exceed 10 years, mortgages or easements;
(c) The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and lot resulting are not reduced below the minimum sizes required by this chapter or other applicable laws or ordinance.
(1) SUBDIVISION. (Am. #16-88) A division of a lot, parcel or tract of land by the owner thereof or his agent for the purpose of sale or of building development, where:
(a) The act of division creates five or more parcels or building sites of 1-1/2 acres each or less in area; or
(b) Five or more parcels or building sites of 1-1/2 acres each or less in area are created by successive divisions within a period of five years.
(2) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION. The unincorporated area within 1-1/2 miles of the corporate limits of the City.
(3) STREET. A way for vehicular traffic, other than an alley.
(a) Major streets and highways are those which are primarily for fast or heavy traffic.
(b) Collector streets are those which carry traffic from minor streets which are parallel to any adjacent to major streets and highways; and which provide access to abutting properties and protection from through traffic.
(c) Minor streets are those which are used primarily for access to the abutting properties.
(d) Marginal access streets are minor streets which are parallel to and adjacent to major streets and highways; and which provide access to abutting properties and protection from through traffic.
18.04 PROCEDURE. (1) PRELIMINARY CONSULTATION. Previous to filing a preliminary plat the subdivider may consult the Plan Commission and its staff for advice and assistance.
(2) PRELIMINARY PLAT. (a) Before submitting a final plat for approval, the subdivider shall submit a preliminary plat and such copies thereof as shall be required to the City Clerk who shall forthwith forward the plat to the Plan Commission and shall forward copies thereof to the director of the planning function in the Department of Resources Development as required by sec. 236.12, WI Stats.
SUBDIVISION AND PLATTING 18.04(2)(b)
(b) After review of the preliminary plat and negotiations with the subdivider on changes deemed available and the kind and extent of public improvements which will be required, the Plan Commission shall within 40 days of its submission approve, conditionally or reject the plat. The subdivider shall be notified in writing of any conditions of approval or the reasons for rejection.
(c) Approval of the preliminary plat shall entitle the subdivider to final approval of the layout shown by such plat if the final plat conforms substantially to such layout and conditions of approval have been met.
(3) FINAL PLAT. (a) The final plat and such copies thereof as shall be required shall be submitted to the City Clerk within 6 months of approval of the preliminary plat. However, if approval of the preliminary plat must be obtained from another approving authority subsequent to approval to approval by the Plan Commission, the final plat shall be submitted within 6 months of such approval. The Plan Commission may waive failure to comply with this requirement.
(b) The City Clerk shall forthwith forward the plat to the Plan Commission and shall forward copies of the plat to the director of the planning function in the Department of Resource Development as required by sec. 236.12. The Plan Commission shall refer the final plat with its recommendation to the Common Council within 30 days of its submission unless the time is extended by the Council. The Council shall approve or reject the final plat within 60 days of its submission to the City Clerk, unless the time is extended by agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the Council meeting and a copy thereof or a written statement of such reasons shall be supplied the subdivider.
(d) (Cr. #22-96) The City may retain the services of professional consultants (including planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the City's review of a proposal coming before the Plan Commission. The submittal of a development proposal application or petition by a Petitioner shall be construed as an agreement to pay for such professional review services applicable to the proposal. The City may apply the charges for these services to the Petitioner. The City may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until such fees are paid by the Petitioner. Review fees which are applied to a Petitioner, but which are not paid, may be assigned by the City as a special assessment to the subject property. The Applicant/Petitioner shall sign an agreement with the City agreeing with the aforementioned at the time of submission of the proposal.
(4) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION(Cr. 16-97) (a) Compliance Required. No person, firm or corporation shall divide any land located within the extraterritorial plat approval jurisdiction of the City of Jefferson which shall result in a subdivision, minor land division or re-plat as defined herein without complying with the applicable provisions or Chapter 236, Wis. Stats., the provisions of this subsection and to the fullest extent allowed by Chapter 236, Wis. Stats., to the requirements of this Chapter.
SUBDIVISION AND PLATTING 18.04(4)(c)2.
2. No subdivision or minor land division shall be considered for approval which does not have the prior approval by the approving authorities for the town(s) and Jefferson County, where required by town and county ordinances or by the Wisconsin Statutes.
3. The Plan Commission and/or City Council may require placement of covenants or deed restrictions that are deemed necessary and appropriate to protect the purpose and intent of the City's Master Plan and this Chapter. Any such restrictions or covenants shall be recorded.
4. All subdivisions and minor land divisions shall be required to meet the design standards of Section 18.05 and the required improvements of Section 18.07 of this Chapter, where applicable, unless town or county ordinances control.
5. Each subdivision or minor land division shall comply with the provisions of this Chapter.
18.05 GENERAL REQUIREMENTS AND DESIGN STANDARDS. (1) GENERAL. The proposed subdivision shall conform to:
(a) The provisions of Ch. 236, WI Stats.;
(b) The Master plan;
(c) All applicable ordinances of the City;
(d) The Official map;
(e) The rules of the State Department of Health relating to lot size and lot elevation if the subdivision is not served by a public sewer and provision for such service has not been made.
(f) The rules of the State Highway Commission relating to safety of access and the preservation of the public interest and investment in the streets in the subdivision or any lot contained therein abuts on a state trunk highway or connecting street.
(2) STREETS. (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 safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
(a) Planned Developments, Street Access. (Cr. #2-75) In any planned residential development each lot shall have such access to a public or private street as determined by the Plan Commission and approved on the plat thereof.
(b) Conform to Official Map. The arrangement, width, grade and location of all streets shall conform to the official map.
(c) Arrangement. 1. Major streets shall be properly integrated with the existing and proposed system of major streets and highways.
2. Collector streets shall properly related to the mass transit system, to special traffic generating from facilities such as schools, churches and shopping centers, to population densities, and to the major streets into which they feed.
3. Minor streets shall be laid out to conform as much as possible to topography, to discourage use by through traffic, to permit efficient drainage and sewer systems, to require the minimum amount of street necessary to provide convenient safe access to property.
SUBDIVISION AND PLATTING 18.05(2)(e)
(e) Major Streets. Where a subdivision borders on or contains an existing or proposed major street, the Plan Commission may require that marginal access streets be provided, that the backs of lots abut the major streets and be provided with screen planting contained in a non-access reservation along the rear property line, that deep lots with rear service alleys be provided or that other provisions be made for the adequate protection of residential properties and the separation of through and local traffic.
(f) Width. The right-of-way and roadway of all streets shall be of the width specified on the official map or master plan or, if no width is specified there, they shall be not less than the width specified below:
1. Major Streets:
Right-of-way: 80 feet Roadway: 48 feet
2. Collector streets:
Right-of-way: 66 feet Roadway: 36 feet
3. Minor and Marginal access streets:
Right-of-way: 60 feet Roadway: 30 Feet
4. The grade of major and collector streets shall not exceed 6%, unless necessitated exceptional topography and approved by the Plan Commission. The grade of all other streets shall not exceed 10%. The minimum grade of all streets shall be .3%.
(g) Horizontal Curves. A minimum sight distance with clear visibility, measured along the center line, shall be provided of at least 300 feet of major streets, 200 feet for collector streets and 100 feet on minor streets.
(h) Vertical Curves. All changes in street grades shall be connected by vertical curves of a minimum length equivalent to 15 times the algebraic difference in the rate of grade for major streets and collector streets and 1/2 of this minimum length for all other streets.
(i) Tangents. A tangent at least 100 feet long shall be introduced between reverse curves on major an d collector streets.
(j) Streets Names. 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 name of the existing streets.
(k) Cul-de-sac or Dead End Streets. Streets designed to have one end permanently closed shall not exceed 500 feet in length and shall terminate SUBDIVISION AND PLATTING 18.05(2)(1) with a turnaround on not less than 100 feet in diameter of right-of-way and a roadway turnaround of 80 feet in diameter.
(l) Reserve Strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Plan Commission
(m) Half-streets. Where a half street is adjacent to the subdivision, the other half of the street shall be dedicated by the subdivider.
(3) INTERSECTIONS. (a) Streets shall intersect as nearly as possible at right angles and not more than 2 streets shall intersect at one point unless approved by the Plan Commission.
(b) Property lines at street intersections shall be rounded with a radius of 15 feet or of a greater radius where the Plan Commission considers it necessary.
(c) Street jogs with center line offsets of less than 125 feet shall be avoided. Where streets intersect major streets their alignment shall be continuous.
SUBDIVISION AND PLATTING 18.05(4)(b)
(b) Alleys shall not be approved in residential areas unless necessary because of topography or other exceptional circumstances.
(c) The width of alleys shall be not less than 24 feet.
(d) 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 turnaround facilities at the dead end.
(5) EASEMENTS. (a) Easements across lots or centered on rear or side lot lines shall be provided for utilities where required by the Plan Commission and shall be at least 10 feet wide.
(b) Where a subdivision is traversed by a water course, drainage-way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Whenever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.
(6) BLOCKS. (a) The length, width and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated but block lengths in residential areas shall not exceed 1,200 feet nor be less than 200 feet between street lines.
(b) Pedestrian crosswalks, not less than 10 feet wide, may be required by the Plan Commission through the center of blocks more than 900 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping center, transportation and other community facilities.
(7) LOTS. (a) In General. The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(b) Lot Dimensions. (Am. #2-75) Lot dimensions shall conform to the requirements of Section 17.04(8). No lot in a residential district shall have a minimum area of less than 66 feet at the building line and a minimum area of less than 8,000 sq. feet, except that lots in any planned residential development served by public sewer may have such width and area as provided in Section 17.04(8)(d) and as approved by the Plan Commission on the plat thereof. Further provided that the average density of land use as shown on such plat shall be no greater then permitted for the district in which the plat is located.
Residential lots to be served by private sewerage disposal facilities shall comply with the rules of the State Department of Health.
Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
Residential lots, fronting on major streets and highways, should be platted with extra depth to permit generous distance between the buildings and such traffic ways.
Excessive depth in relation to width shall be avoided. A proportion of 2 to 1 shall normally be considered as a desirable maximum for lot widths of 66 feet or more.
(c) Corner Lots. Corner lots for residential use shall have extra width to permit full building setback of at least 20 feet from both streets or as required by the Zoning Code.
(d) Access to Streets. (Rep. & Recr. #2-75) Except in a planned residential development, each lot shall front or abut on a public street or, with the written approval of the Plan Commission, on a private street.
SUBDIVISION AND PLATTING 18.05(7)(f)
(f) Lot Lines. Side lot lines shall be substantially at right angles or radial to street lines.
(g) Large Lots. In case a tract is subdivided into parcels containing one or more acres, such parcels shall be arranged to allow the re-subdivision of any parcels into normal lots in accordance with the provisions of this chapter.
(h) Municipal Boundaries. Lots shall follow municipal boundary lines whenever practicable, rather than cross them.
(8) (Cr. #16-97) In order to maintain the quality of a subdivision or minor land division and the orderly layout and use of land and to prevent undue concentration of population using private sanitary systems and to protect the groundwater and the environment and to insure the best possible environment for human occupation, it is necessary in the public health, safety and welfare to establish minimum lot or parcel sizes for any lot or parcel not served by a public sanitary sewer system. The minimum lot or parcel size for a lot or parcel to be used for residential purposes where the lot or parcel is not served by a public sanitary sewer system shall be 20 acres per dwelling unit. The minimum lot or parcel size for a lot or parcel to be used for a commercial, business or industrial use where the lot or parcel is not served by a public sanitary sewer system shall be 20 acres. The minimum lot or parcel size requirements of this subsection shall not apply to a lot or parcel used exclusively for agricultural purposes. The minimum lot size requirements for a lot served by a public sanitary system shall be in accordance with the zoning requirements as set forth in the City's Zoning Code. The provisions of this subsection shall supersede and control the minimum lot size requirements set forth in Section 18.05(7) of this Chapter. The type, design, installation and maintenance of a private sanitary system, where approved, shall meet the requirements of all State and local codes and regulations. Whenever a tract is subdivided into large parcels, each parcel shall be arranged and dimensioned as to allow re-subdivision of any such parcels into normal lots in accordance with the provisions of this Chapter.
18.06 PARK LAND DEDICATION REQUIREMENT AND FEE IN LIEU OF PARKLAND DEDICATION
(Cr. #12-97) (1) DEDICATION OF PUBLIC PARKS & OTHER PUBLIC SITES.
SUBDIVISION AND PLATTING 18.06(1)(a)-cont.
classification is changed to increase the number of dwelling units allowed or the committed number of dwelling units is increased by the subdivider, developer or landowner, the Plan Commission shall require additional dedications for the allowed increase in dwelling units.
(b) Where, at the discretion of the Plan Commission, acting on the recommendation of the Park, Recreation and Forestry Commission, there is no land suitable for parks within the proposed subdivision or planned development project, or the dedication of land is not feasible, or the dedication of land would not be compatible with the City's Master Plan and Park and Open Space Plan, or the Commissions determine that a cash contribution or combination of land and fees will better serve the public interest, and shall thereby require the developer to pay a fee-in-lieu of making the required land dedication.
( c) The amount of any fee imposed in lieu of land dedication shall be based on the lesser of either the "fair market value" of the amount of land which would otherwise be required to be dedicated or $150 for each institutional residential housing unit and $500 each for all other dwelling unit types. The maximum fee per dwelling unit may be adjusted annually for inflation per Common Council approval.
(d) The City shall place any fee collected pursuant to the provisions of this section in a separate account to be used for land acquisition and development of adequate park, playground, recreation and open space to meet the needs created by the land development, land division or subdivision.
(e) Payment shall be in a lump sum prior to the recording of a final plat or certified survey map or prior to the issuance of any building permit for a development where no plat or certified survey map is involved.
18.07 REQUIRED IMPROVEMENTS. (1) The subdivision shall be monumented as required by sec. 236.15, WI Stats., which is hereby adopted by reference.
(2) STREETS AND UTILITIES. (a) Light, Telephone Poles, Easements. Poles for electric light or telephone lines shall be placed along rear lot lines wherever practicable. Easements at least 10 feet wide shall be set aside on the plat for these and for the other utilities.
(b) Trees. Trees of a type appropriate for the specific location shall be planted on both sides of every street, at such distances apart as approved by the City Forester.
SUBDIVISION AND PLATTING 18.07(5)
(5) SURETY. (Cr.#17-97) Pursuant to SS236.13, WI Stats., the subdivider shall be responsible for all costs in making and installing any public improvements shown on the engineering plans, and approval of the final plat shall be contingent upon the subdivider executing a surety bond, irrevocable letter of credit, escrow account, or other security approved by the Council to insure that the subdivider will make those improvements within a reasonable time.
18.08 PLATS AND DATA. (1) PRELIMINARY CONSULTATION DATA. The following information shall be provided at the time of the preliminary consultation or upon filing the preliminary plat if no preliminary consultation is held:
(a) Information including data on existing covenants, land characteristics and available community facilities and utilities; and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business area, playgrounds, park areas, and other public areas, tree planting, proposed protective covenants and proposed utilities and street improvements.
(b) A location map showing the relationship of the proposed subdivision to existing community facilities which serve or influence it. Include development name and location; main traffic arteries; public transportation lines; shopping centers; elementary and high schools; parks and playgrounds; principal places of employment; other community features such as railroad stations, airports, hospitals and churches; title; scale; north arrow, and date.
(c) A sketch plan showing in simple sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a free hand pencil sketch made directly on a print of the topographic survey.
(2) PRELIMINARY PLAT. (a) The preliminary plat shall be drawn with waterproof non-fading black ink or legibility drawn with pencil or tracing cloth, or tracing paper of good quality on a scale of not to be more than 100 feet to an inch and shall show correctly on its face:
1. Date, scale and north point.
2. The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Jefferson County.
3. The name and address of the owner, the subdivider and the engineer or surveyor preparing the plat.
4. Location of the subdivision by government lot, quarter-quarter section, section, township, range and county.
5. A small scale drawing of the section or government subdivision of the section in which the subdivision lies with the location of the subdivision indicated thereon.
6. The exact length and bearing of the exterior boundaries of the subdivision.
7. Location and names of adjacent subdivisions and the owners of adjoining parcels of non-subdivided land.
8. Zoning on and adjacent to the subdivision.
9. Location, widths and names of all existing and platted streets, alleys, or other public ways and easements, railroads and utility right-of-ways, parks, cemeteries, water courses, drainage ditched. permanent buildings, bridges and other pertinent data as determined by the Plan Commission.
SUBDIVISION AND PLATTING 18.08(2)11.
11. If the subdivision borders a lake or stream, the distance and bearings of a meander line established not less than 20 feet back from the ordinary high mark of the lake or stream.
12. Layout, width and approximate grade of all new streets and right-of-way, such as alleys, highways, easements for sewers, water mains, and other public utilities.
13. Direction and distance to nearest water and sewer mains.
14. Approximate dimensions of and areas of lots.
15. Proposed building lines.
16. Approximate radii of all curves and length of tangents.
17. Approximate location and area of property proposed to be dedicated for public use or to be reserved by deed covenants for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation.
18. Contours at vertical intervals of not more than 5 feet or at more frequent intervals if required by the Plan Commission for land of unusual topography.
(3) FINAL PLAT. (a) A final plat of subdivided land shall comply with the requirements of sec. 236.20, WI Stats., which is hereby adopted by reference.
(b) The affidavits and certificates required by Ch 236, WI Stats., shall be lettered or printed legibly with black, durable ink or typed legibly with black ribbon on the final plat.
18.09 LAND DIVISIONS OTHER THAN SUBDIVISIONS. (1) PROCEDURE. The divider shall file a certified survey map with the plan commission, which shall within 40 days approve, approve conditionally, or reject the map. The divider shall be notified in writing of any conditions of approval or the reasons for rejection.
(2) REQUIREMENTS. (a) To the extent reasonable practicable the division shall comply with the provisions of this ordinance relating to general requirements and design standards and required improvements.
(b) The surveyor shall be performed and the map prepared by the qualified surveyor.
(c) All corners shall be monumented in accordance with sec. 236.15 (1)(c) and (d), WI Stats.
(d) The map shall be prepared in accordance with sec. 236.20(2)(a), (b), (c), (e), (f), (g), (h), (j), (k), and (1), WI Stats., on durable white paper 8-1/2 inches wide by 14 inches long. All lines shall be made with non-fading black ink on a scale of not more than 500 feet to an inch.
(3) CERTIFICATES AND AFFIDAVITS. (a) The map shall include the affidavit of the surveyor who surveyed and mapped the parcel, typed, lettered or reproduced legibly with non-fading black ink, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked, and established in the US public land survey or some corner providing reference to a corner marked and established in the US public land survey. Such affidavit shall include the statement of the surveyor tot the effect that he has fully complied with the requirements of this section.
(b) The certificate of approval of the Plan Commission shall be typed, lettered or reproduced legibly with non-fading black ink on the face of the map.
SUBDIVISION AND PLATTING 18.10
18.10 SUBDIVISIONS CREATED BY SUCCESSIVE DIVISIONS. (1) Where it is not practicable to require that a final plat of a subdivision created by successive divisions be filed in accordance with this chapter, the Common Council may in lieu thereof order an assessor's plat to be made under (SS)70.27, WI Stats., and may assess the cost thereof as provided in such section, or to the subdivider.
(2) Regardless of the type of plat filed, any such subdivision shall comply with all provisions of this chapter to the extent that they may reasonably be applied.
18.11 VARIANCES. (Am. #7-74) When in the judgment of the Plan Commission it would be inappropriate to apply literally a provision of this chapter because the subdivision is part of a planned residential development, as defined in Section 17.03(72)of the Municipal Code., is located outside the City or because extraordinary hardship should result, it may waive or vary such interest secured, provided the requirement of filing and recording the plat or survey shall not be waived.
18.12 PENALTY. Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to penalty as provided in Section 25.04 of this Municipal Code. In addition, the remedies provided by (SS)236.30 and 236.31, WI Stats., shall be available to the City.