20.01 Title

20.02 Intent and Purpose

20.03 General Requirements

(1) Conformance with Policies

(2) Land Suitability

(3) Determination of Adequacy of Public Facilities and Services

(4) Lot Size

(5) Dedication and Reservation of Land

(6) Penalties

(7) Exceptions

20.04 Site Assessment and Concept Plan

(1) Site Assessment and Concept Plan Procedure

(2) Site Assessment Checklist

(3) Site Assessment Report

(4) Concept Plan Requirements

20.05 Preliminary Plat and Comprehensive Development Plan

(1) Preliminary Plat Procedure

(2) Preliminary Plat Requirements

(3) Comprehensive Development Plan Procedure

(4) Comprehensive Development Plan Requirements

20.06 Final Plat

(1) Final Plat Procedure

(2) Final Plat Requirements

20.07 Minor Subdivision (Certified Survey Map)

(1) Certified Survey Map Procedure

(2) Certified Survey Map Requirements

20.08 Extraterritorial Land Divisions

(1) Extraterritorial Land Division Policies

(2) Extraterritorial Land Division Procedures

(3) Extraterritorial Land Division Requirements

20.09 Fee and Dedication Schedule

20.10 Condominium Projects

20.11 Required Improvements and Design Standards

(1) Statement of Intent

(2) Monuments

(3) Conformity with Adopted Plans and Official Map

(4) Relationship to Future Development

(5) Blocks

(6) Lots

(7) Building Setback Lines

(8) Access

(9) Railroads and Limited Access Highways

(10) Streets

(11) Water

(12) Sanitary Sewer

(13) Utility Easements

(14) Drainage and Environmental Corridor Easements

(15) Intra-Block Drainage and Foundation Design

(16) Erosion Control

(17) Stormwater Management

(18) Sidewalks and Bikeways

(19) Street Lighting

(20) Street Signs

(21) Street Trees

(22) Buffer Strips

(23) Dedication and Improvement of Public Parks & Other Public Sites

(24) Contract Requirements for Installation of Improvements

(25) Documentation

(26) Compliance with Appendix A

20.12 Variances

20.13 Appeals

20.14 Severability

20.15 Definitions

Appendix A

20.16 Erosion Control and Storm Water Runoff

(1) Authority

(2) Findings of Fact

(3) Purpose and Intent

(4) Definitions

(5) Deisgn Criteria, Standards & Specifications for Control Measures

(6) Maintenance of Control Measures

(7) Control of Erosion & Pollutants During Land Disturbance & Development

(8) Permit Application, Control Plan & Permit Issuance

(9) Inspection

(10) Applicability and Jurisdiction

(11) Design Criteria, Standard and Specifications

(12) Storm Water Management Standards

(13) Permitting Requirements and Procedures

(14) Storm Water Management Plans

(15) Maintenance

(16) Financial Guarantee

(17) Fee Schedule

(18) Enforcement and Penalties

(19) Appeals

(20) Severability

(21) Effective Date

SUBDIVISION REGULATIONS 20.01

20.01 TITLE. This ordinance shall be known as Subdivision Regulations, City of Watertown, Wisconsin.

20.02 INTENT AND PURPOSE. This ordinance is intended to regulate and control the division and subdivision of land within the corporate limits and the extraterritorial plat approval jurisdiction of the City of Watertown in order to promote the public health, safety and general welfare, to encourage the most appropriate use of land, to provide the best possible living environment for people and to conserve the value of buildings placed upon the land by: furthering the orderly layout and use of land; insuring proper legal description and proper monumenting of land; preventing overcrowding of land and avoiding undue concentration of population; lessening congestion in the streets and highways; securing safety from fire, flooding, water pollution and other hazards; providing adequate light and air; facilitating adequate provisions for transportation, water, sewerage, schools, parks, playgrounds, open space, storm water drainage, the conservation of land, natural resources, scenic and historic sites, energy and other public requirements; facilitating further resubdivision of larger parcels into smaller parcels of land; insuring enforcement of the development concepts, policies and standards delineated in the Comprehensive Master Plan and related components, the Official Map, the Parks and Open Space Plan, the Transportation Plan, the Zoning Code and Erosion Control and Storm Water Runoff Code, and the Building Code of the City of Watertown. (Am.#98-63)

(1) Conformance with Policies. It is the intent of the City of Watertown that land be developed in harmony with the following policies agreed to in the Comprehensive Master Plan, Plan for Parks and Open Space, Official Map, and the Jefferson County or Dodge County Land Use Plans, as adopted by the City of Watertown.

(a) To plan the location and/or timing of new development to make it efficient, to reduce public costs and to encourage separation and distinction between municipalities.

(b) To direct and stage new growth only to those areas planned and programmed for development and capable of providing a full range of urban services, including transportation and schools.

(c) To discourage scattered development and urban sprawl.

(d) To insure that development complements rather than conflicts with natural features such as rolling topography, trees, creeks, ponds and rock formations.

(e) To develop a system of interior open spaces within existing environmental corridors to delineate neighborhoods, control storm water drainage and provide circulation for pedestrian and bicycle traffic.

(f) To ensure that development locates and coordinates safely and efficiently with transportation facilities.

(g) To encourage preservation of open space and aesthetic quality in development through the use of planned development districts.

(h) To favor development intensities and patterns that are supportive of alternative modes of transportation.

(i) To promote and maintain balanced commercial activity that is viable and responsive to the needs of the community and the surrounding market area.

(j) To preserve the quality of the water and the air and to prevent extreme noise and visual blight.

(k) To preserve prime agricultural land through the design and location of development.

(l) To encourage development in the City with balanced residential, commercial, industrial and open space patterns and public services.

SUBDIVISION REGULATIONS 20.03 (2)

(2) Land Suitability. No land shall be divided or subdivided for development which is held unsuitable by the Plan Commission for reason of flooding or potential flooding, soil limitations, inadequate drainage, steep topography, incompatible surrounding development, inadequate public services or any other condition likely to be harmful to the health, safety or welfare of the future residents or users of the area, or harmful to the community.

(a) Except as provided herein, the Plan Commission shall determine land suitability prior to the time the preliminary plat or certified survey map is considered for approval, following review and recommendations by the appropriate City Commissions and Committees. The Plan Commission may impose special conditions on the plat or certified survey map deemed necessary to protect the health, safety or welfare of future residents of the area. Those areas which are found to be environmentally sensitive shall be considered for preservation as open space. The determination of land suitability will be evaluated through the Site Assessment Procedures 20.04(1). The subdivider shall furnish such maps, data and information as may be necessary to make a determination of land suitability.

(b) Should the Plan Commission determine that the land is unsuitable for the intended development, it shall state its reasons in writing to the subdivider within 30 days of initial Plan Commission action. The subdivider may present additional evidence to support the proposed plat or certified survey map. Upon review of the additional evidence, the Plan Commission shall affirm, modify, or withdraw its determination of unsuitability.

(c) The subdivider may appeal the determination of unsuitability as provided in Sec. 20.13, Appeals.

(3) Determination of Adequacy of Public Facilities and Services.

(a) A certified survey map, preliminary plat or final plat shall not be approved unless the Plan Commission and the Common Council determine that adequate public facilities and public services are available to meet the needs of the proposed land division.

(b) The applicant shall furnish any data requested by the City Engineer who shall transmit this information to appropriate City commissions, committees and boards for review and shall act as coordinator for their reports to the Plan Commission and the Common Council on the adequacy of water, sanitary and storm sewers, fire service, police, parks and open space and recreation facilities, and transportation facilities.

(c) Public facilities and public services for a proposed plat or certified survey map may be found to be adequate when the following conditions exist:

1. Where the proposed land division is located in an urban service area or planned future urban service area where mainline interceptor sewer service is available, presently under construction, or designated by the Common Council for extension of sewer service, the Plan Commission and the Common Council shall also consider the recommendations of the City Engineer and the Public Works Committee on the capacity of trunk lines and of sewerage treatment facilities and any other information presented.

Where the proposed land division is not located in an urban service area or planned future urban service area where mainline interceptor sewer service is available, presently under construction, or designated by the Common Council for extension of sewer service, the Plan Commission and the Common Council shall consider the site specific and overall impact of such development on the public health, safety and welfare of the immediate area and community as a whole.

2. Where the proposed land division is located within an urban service area or planned urban service area where arterial transmission water main service and adequate capacity are available, presently under construction, or designated by the Common Council for extension of public water service, the Plan Commission and the Common Council shall consider the recommendations of the City Engineer and the Public Works Committee on line capacities, water sources and storage facilities as well as any other information presented.

SUBDIVISION REGULATIONS 20.03 (3)(C)(3)

Where the proposed land division is located within an urban service area or planned urban service area where arterial transmission water main service and capacity are not available, presently under construction, or

designated by the Common Council for extension of public water service, the Plan Commission and the Common Council shall consider the site specific and overall impact of such development on the public health, safety and welfare of the immediate area and community as a whole.

3. The City Engineer and Public Works Committee recommend to the Plan Commission and the Common Council that adequate facilities are available to insure the proper storm water management.

4. The Parks, Recreation and Forestry Commission recommends that future residents of the proposed land division can be assured park, recreation and open space areas, facilities and services which meet the standards of the Park and Open Space Plan.

5. The appropriate Police Department and Fire District verify that timely and adequate service can be provided to the residents.

6. The proposed land division is accessible by existing publicly maintained, all weather roads adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division, or necessary additional roads and road improvements are budgeted for construction with public or private financing, or public transportation service sufficient to serve the land division in combination with the foregoing is available or programmed for the area. The Plan Commission and the Common Council shall consider the recommendations of other commenting agencies and jurisdictions, and such factors as level of service, average and peak use, and any other information presented.

7. Where the Plan Commission and the Common Council determine that one or more public facilities or services are not adequate for the proposed development, but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.

(4) Lot Sizes. In the case of all land divisions including all plats and certified survey maps, lot sizes shall conform to the area and width requirements of the Zoning Code, unless otherwise modified by the provisions of this Ordinance.

(5) Dedication and Reservation of Land.

(a) Whenever a tract of land to be divided within the jurisdiction of this ordinance encompasses all or any part of a street, highway, bikeway, pedestrianway, greenway, environmental corridor, waterway, or a drainage or utility easement designated in the Comprehensive Master Plan or Official Map, the subdivider shall plat said public way in the locations and dimensions indicated on said Comprehensive Master Plan or Official Map. The Plan Commission shall determine whether said public way should be dedicated to the public or reserved by the subdivider.

(b) Whenever a tract of land to be divided within the jurisdiction of this ordinance encompasses all or part of a park site, open space or other recreation area or school site designated in the Comprehensive Master Plan, Park and Open Space Plan, or Official Map, said public sites shall be platted and dedicated or reserved by the subdivider at the discretion of the Plan Commission in the locations and dimensions indicated on said plans or map in accordance with the requirements of this Ordinance.

(c) Once a preliminary plat or certified survey map is approved, any lands proposed for public use above shall not be altered without the written approval of the Plan Commission, the Park Commission, and Public Works Committee.

SUBDIVISION REGULATIONS 20.03 (6)

(6) Penalties.

(a) Failure to comply with the requirements of this ordinance shall invalidate purported transfers of titles at the option of the purchaser in accordance with the provisions of Section 236.31(3), Wisconsin Statutes.

(b) Any subdivider or agent of same who violates or fails to comply with these regulations shall be subject to penalties prescribed in the enforcement provisions of the Municipal Code of the City of Watertown.

(c) A building permit shall be refused for any site violation of this ordinance.

(7) Exceptions. 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 ten (10) years, mortgages or easements;

(c) The sale or exchange or 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 the Zoning Code or other applicable laws or ordinances unless the parcels have been part of a prior land division or subdivision.

(d) Where sale or exchange of parcels involves only a change of lot lines, that the land division may be approved by the Zoning Administrator after a staff review to determine conformance with City of Watertown ordinances.

SUBDIVISION REGULATIONS 20.04

20.04 SITE ASSESSMENT AND CONCEPT PLAN. In planning and developing a subdivision or minor subdivision, the subdivider or agent shall, in every case, pursue the following course:

(1) Site Assessment and Concept Plan Procedure. Before filing an application for approval of a preliminary plat or certified survey map, the subdivider shall consult with the Department of Public Works and shall prepare the following:

(a) A Site Assessment Checklist per the requirements of subsection (2) below.

(b) A Concept Plan per the requirements of subsection (4), below.

(c) Written requests to the Public Works Committee and the Water Commission for any water main and sanitary sewer extensions necessary to serve the proposed plat.

(d) A signed statement listing development projects for which the applicant has received City approval in the last 5 years and indicating any outstanding performance or financial obligations on such projects which derive from application of City land use regulations. If this statement is found to contain information which is contrary to fact or to omit the listing of such projects or obligations or to describe obligations on which performance or payment is delinquent, the application may be dismissed without prejudice until the application is corrected and/or the delinquency is cured.

(e) On completion of the above documents (a,b,c,d), a pre-application meeting shall be held with the Department of Public Works and Site Plan Review Committee to assist the subdivider in appraising the objectives of these regulations, the Master Plan, the Official Map and any pertinent ordinances and to reach conclusions regarding the objectives and general program for the development.

(f) The subdivider shall revise the submitted documents per the direction of the Site Plan Review Committee. Twenty copies of said revised documents shall be submitted to Department of Public Works, which shall distribute the copies for review and comment by the: Public Works Committee; Park, Recreation and Forestry Commission; and Site Plan Review Committee. The comments of said groups shall be forwarded to the Plan Commission to assist in its review of the Concept Plan.

(2) Site Assessment Checklist. A Site Assessment Checklist shall be prepared by the subdivider for review and approval by the Plan Commission.

(a) Purpose. The purpose of this Site Assessment Checklist is to provide the basis for an orderly, systematic review of the effects of all new subdivisions upon the community environment in accordance with the principles and procedures of sec. 236.45(1), Wisconsin Statutes. The Plan Commission will use these procedures in determining land suitability under 20.03(2). The goals of the community in requiring this checklist are to eliminate or reduce pollution and siltation to an acceptable standard, assume ample living space per capita, preserve open space and parks for recreation, provide adequately for storm water control, maintain scenic beauty and aesthetic surroundings, administer to the economic and cultural needs of the citizens and provide for the effective and efficient flow of goods and services.

(b) Coverage. The Site Assessment Checklist requirement shall apply to all land divisions, including minor subdivisions. The Plan Commission may waive the requirement for the filing of a Site Assessment Checklist for minor subdivisions of less than five (5) acres total area.

(c) Site Assessment Checklist for all Land Divisions and Community Development Plans.

SUBDIVISION REGULATIONS 20.04 (2)(c) -- Page #1

NOTE: All "yes" answers must be explained in detail by attaching maps and supportive documentation describing the impacts of the proposed development.

SUBDIVISION REGULATIONS 20.04 (2)(c) -- Page #2

SUBDIVISION REGULATIONS 20.04 (3)

(3) Site Assessment Report.

(a) Determination of Need for Site Assessment Report. The Site Assessment Checklist, Concept Plan, Utility Extension Request and Financial Obligation Report required in subsection (1), above, shall be reviewed by the Plan Commission upon receipt of reports from the Public Works Committee, the Park, Recreation and Forestry Commission, and the Site Plan Review Committee. The Plan Commission may, at that time, for reasons stated in a written resolution setting forth specific questions on which it requires research, data and input from the developer and other affected persons, decide that the Site Assessment Checklist raises unusually significant questions on the effects on the environment and/or that an unusually high level of citizen interest has resulted from questions raised in the Site Assessment Checklist and that review by other City committees and commissions is required. The listing of questions can include items which this ordinance already enables the Commission to obtain, or it may include additional information which is relevant to the questions specified in the resolution. The resolution may also request data on the specific impact questions from other governmental agencies or from the developer or applicant. The resolution shall set a reasonable date for the return of the requested data and information, and it may specify the format in which the data is to be presented.

(b) Hearing on Site Assessment Report. Following the return to the Plan Commission of the data required in the resolution adopted under the section above, the Commission shall make such report available for scrutiny by the applicant or petitioner, by City departments, commissions and committees and by other interested persons or agencies. The Plan Commission may schedule and hold a public hearing on the findings of the report. The hearing shall be preceded by a Class I notice under Ch. 985, Wisconsin Statutes. Persons attending such hearing shall be afforded an opportunity to comment on the report.

(c) Review of Site Assessment Report. The Plan Commission shall review the Site Assessment Report, with supporting data, department and committee reviews and any other data required for determining the suitability of the land for the proposed development. Within 45 days after submission to the Plan Commission of the final expanded Site Assessment Report, the Plan Commission shall decide whether said land is suitable for development and proceed as required by sec. 20.04 (4) below.

(4) Concept Plan Requirements. A Concept Plan shall be prepared by the subdivider for review and approval by the Plan Commission.

(a) Purpose. The purpose of this Concept Plan is to depict the general intent of the subdivider in terms of general layout of the land division, and its relationship to nearby properties, utilities and other public facilities. In conjunction with the Site Assessment Checklist, the Concept Plan provides an opportunity to review the general intent and impact of the proposed land division, without the need for detailed engineering, surveying and other time-consuming and costly processes associated with the Preliminary Plat.

(b) Coverage. The Concept Plan requirement shall apply to all land divisions, including minor subdivisions. The Plan Commission may waive the requirement for the filing of a Concept Plan for minor subdivisions of less than five (5) acres total area.

SUBDIVISION REGULATIONS 20.04 (4)(c)

(c) Concept Plan Submission Requirements. The Concept Plan shall be submitted in at a scale of not more than two hundred (200) feet to one (1) inch and shall show all lands under the control of the applicant which are contiguous or separated only by existing public roads, or railroad rights-of-way. The Concept Plan shall show the following information:

1. Name of the proposed subdivision.

2. Name, address and telephone number of the owner, subdivider, engineer, land surveyor and land planner.

3. Date, graphic scale and north point.

4. Location of the proposed subdivision by government lot, quarter section, township, range and county, and a location map showing the relationship between the plan and its surrounding area.

5. The exterior boundaries of the proposed subdivision referenced to a corner established by the U.S. Public Land Survey, and the total acreage encompassed thereby.

6. The location of existing property lines, buildings, drives, streams and water courses, dry runs, lakes, marshes, rock outcrops, wooded areas, environmental corridors, and other similar significant features within the parcel being subdivided.

7. The location, right-of-way width and names of any adjacent existing streets, alleys or other public ways, easements, and railroad and utility rights-of-way within or adjacent to the proposed subdivision.

8. The name and width of any adjacent existing street pavements for streets located outside the City limits.

9. The location and size of any existing sanitary and storm sewers, culverts or drain pipes, and the location and size of any existing water and gas mains on or adjacent to the plat and proposed for use in the development. If sewers and water mains are not present on or adjacent to the preliminary plat, the distance and the size of those to be connected to by the development shall be indicated.

10. Location and names of adjacent subdivisions, parks, and cemeteries.

11. Existing land use and zoning included within or adjacent to the proposed subdivision.

12. General location and right-of-way width of all proposed streets.

13. General layout and size of all lots.

14. General location and approximate area and dimensions of any sites proposed to be reserved or dedicated for parks, playgrounds, greenways or other public uses or which are to be used for group housing, shopping centers, church sites or other nonpublic uses.

15. General location and area of stormwater drainage facilities.

16. A preliminary listing of dwelling unit counts by single-family, two-family, three-family, four family and multi-family types, and the approximate area devoted to non-residential uses

SUBDIVISION REGULATIONS 20.05

17. The preliminary development schedule indicating the approximate timing of the proposed development.

20.05 PRELIMINARY PLAT AND COMPREHENSIVE DEVELOPMENT PLAN. In planning and developing a Preliminary Plat the subdivider or agent shall, in every case, pursue the following course:

(1) Preliminary Plat Procedure.

(a) Prior to submitting a Final Plat for approval, the subdivider shall prepare a Preliminary Plat and file a written request for its approval with the secretary of the Plan Commission. A Preliminary Plat shall not be submitted prior to approval of the Site Assessment Checklist (or when required, the Site Assessment Report), nor before the approval of the Concept Plan -- all as required in Section 20.04, above.

(b) On completion of a draft Preliminary Plat, a meeting shall be held with the Department of Public Works and Site Plan Review Committee to assist the subdivider in appraising the objectives of these regulations, the Master Plan, the Official Map and any pertinent ordinances and to reach conclusions regarding the objectives and program for the development.

(c) The subdivider shall revise the submitted draft Preliminary Plat documents per the direction of the Site Plan Review Committee. Twenty copies of said revised documents shall be submitted to Department of Public Works, which shall distribute the copies for review and comment by the: Public Works Committee; Park, Recreation and Forestry Commission; and Site Plan Review Committee. The comments of said groups shall be forwarded to the Plan Commission to assist in its review of the Preliminary Plat.

(d) The request for approval by the Plan Commission shall be submitted at least seven (7) days prior to the date of the meeting of the Plan Commission at which the request is to be considered, and shall include all data required by this ordinance. The Plan Commission may forward a copy of the plat to the Dodge or Jefferson County for review and comment.

(e) The Preliminary Plat shall include the entire area owned or controlled by the subdivider. The Plan Commission may waive this requirement to allow the subdivider to submit a Comprehensive Development Plan (CDP) meeting the requirements of Subsection 20.05(4), below, for that portion of the land which is not to be included in the Final Plat when the subdivider owns or controls eighty (80) acres or more. The subdivider shall in all cases submit a Preliminary Plat for the lands to be included in the first phase of the Final Plat.

(f) The Plan Commission shall recommend approval, denial or approval with conditions and the Common Council shall within ninety (90) days from the date submitted, approve, approve conditionally or reject the Preliminary Plat and when included, the Comprehensive Development Plan, based on its determination of conformance with the intent and provisions of this ordinance, and all related plans and ordinances, and recommendations of appropriate City committees and commissions. The Site Plan Review Committee shall prepare comments on the Plan Commission's recommendation, in conjunction with revisions to the Preliminary Plat provided by the subdivider, in order to provide assurance that all recommended revisions to the Plat made by the Plan Commission have been complied with within such revised versions. In all cases, the time period within which Common Council action is

SUBDIVISION REGULATIONS 20.05 (1)(g)

required shall not commence until the City has received all maps, plans, drawings and related data necessary for plat review of the latest version of the Preliminary Plat as outlined herein. Such time may be extended by a written agreement with the subdivider. Failure of the Common Council to act within such ninety (90) days or extension thereof, shall constitute an approval of the Preliminary Plat and Comprehensive Development Plan. The reasons for conditional approval or rejection shall be stated in the minutes of the meeting and a letter stating such reasons shall be sent to the applicant. Approval of a Preliminary Plat shall be valid for six (6) months from the date of the last required approval of the Preliminary Plat.

(g) The action of the Common Council shall be noted on three (3) copies of the Preliminary Plat, one copy of which shall be returned to the subdivider with the date and action endorsed thereon, one copy of which shall be retained by the Engineering Department and one copy of which shall be retained by the Assessment Department.

(h) Replats are to be processed in accordance with the provisions of sec. 236.36 'Replats,' Wisconsin Statutes.

(i) If the Preliminary Plat or Certified Survey Map contains private road(s), the following note shall be added to the plat or CSM when it is presented for approval as a final plat:

NOTICE OF POSSIBLE LIMITATION OF PUBLIC SERVICES.

THIS PLAT OR CERTIFIED SURVEY MAP CONTAINS PRIVATE ROAD(S), AND, AS A RESULT, CERTAIN CITY SERVICES MAY BE LIMITED. THE EXTENT OF THESE LIMITATIONS IS SPELLED OUT IN A DOCUMENT CALLED A CITY/DEVELOPER AGREEMENT; OR, IF THIS IS A CONDOMINIUM PLAT, IN A DOCUMENT CALLED A GENERAL DEVELOPMENT PLAN (GDP), WHICH DIRECTLY RELATES TO THIS PLAT OR CSM AND IS FILED AS A PUBLIC DOCUMENT IN THE OFFICES OF BOTH THE WATERTOWN CITY CLERK AND THE DIRECTOR OF PUBLIC WORKS FOR THE CITY OF WATERTOWN.

(j) The subdivider shall provide a copy of the approved Preliminary Plat to the following utility providers (or their successor company(ies) for their comments prior to the drawing of the Final Plat: Wisconsin Natural Gas; Ameritech; Marcus Cable; and WEPCO.

(2) Preliminary Plat Requirements. The Preliminary Plat shall be submitted in twenty (20) copies at a scale of not more than one hundred (100) feet to one (1) inch, and shall show correctly on its face:

(a) Description.

1. Name of the proposed subdivision.

2. Name, address and telephone number of the owner, subdivider, engineer, land surveyor and land planner.

3. Date, graphic scale and north point.

4. Location of the proposed subdivision by government lot, quarter section, township, range and county, and a location map showing the relationship between the plan and its surrounding area.

SUBDIVISION REGULATIONS 20.05 (2)(b)

(b) Existing Conditions.

1. Contours at vertical intervals of not more than two (2) feet for a slope less than five percent (5%) and five (5) feet for a slope of five percent (5%) or more.

2. A scaled drawing of the exterior boundaries of the proposed subdivision referenced to a corner established by the U.S. Public Land Survey, and the total acreage encompassed thereby.

3. Location of existing property lines, buildings, drives, streams and water courses, dry runs, lakes, marshes, rock outcrops, wooded areas, environmental corridors, and other similar significant features within the parcel being subdivided.

4. Location, right-of-way width and names of any adjacent existing streets, alleys or other public ways, easements, and railroad and utility rights-of-way within or adjacent to the proposed subdivision.

5. Type, width and elevation of any adjacent existing street pavements, together with any legally established centerline elevations, for streets located outside the City limits.

6. Water elevations of adjoining lakes or streams at the date of the survey, and known or determined high and low water elevations and boundaries of the 100-year floodplain and floodway.

7. Subsurface soil, rock and water conditions including depth to bedrock and average depth to ground water table.

8. Location, size and invert elevation of any existing sanitary and storm sewers, culverts or drain pipes and the location and size of any existing water and gas mains on or adjacent to the Plat and proposed for use in the development. If sewers and water mains are not present on or adjacent to the preliminary plat, the distance to the size of those nearest and the invert elevations of sewers shall be indicated.

9. Location and names of adjacent subdivisions, parks, and cemeteries.

10. Existing land use and zoning included within or adjacent to the proposed subdivision.

(c) Proposed Conditions.

1. Location, width and name of all proposed streets and walkways.

2. Layout and scale dimensions of all lots and proposed lot and block numbers.

3. Draft of proposed covenants (if any) to be imposed.

4. Location and approximate dimensions of any sites to be reserved or dedicated for parks, playgrounds, greenways or other public uses or which are to be used for group housing, shopping centers, church sites or other nonpublic uses.

SUBDIVISION REGULATIONS 20.05 (2)(c)(5)

5. Plans, showing the proposed locations for streets, walkways, drainageways and public easements, showing the existing ground surface, including extensions for reasonable distance beyond the limits of the proposed subdivision, when requested, shall be submitted with the Preliminary Plat. The subdivider shall also provide a statement from a licensed engineer, representing the project, which certifies that the technical requirements of this Ordinance will be met when final engineering design plan (including plans and profiles for public improvements and grading, erosion control and storm water management plans) are submitted. Such final engineering design plans shall be submitted and approved by the City Engineer prior to approval of the final plat.

6. When requested by the City Engineer, because of concern about drainage, ground water and tree cover, a lot grading plan showing proposed contours at vertical intervals of not more than two (2) feet.

(3) Comprehensive Development Plan Procedure.

(a) When the subdivider has eighty (80) acres or more of land under his control, he may, where authorized by the Plan Commission, elect to file a Comprehensive Development Plan (CDP) in lieu of a Preliminary Plat for that land not to be included in the first phase of the Final Plat.

(b) The process for review of the CDP shall be identical to, and shall coincide with, review of the Preliminary Plat submitted for the remaining portion of the property.

(c) The Plan Commission shall approve, conditionally approve or reject the CDP within the same review period as required for the Preliminary Plat. One copy shall be returned to the applicant notifying him in writing of any conditions of approval or reasons for rejection.

(d) Any subsequent change to the CDP and exhibits shall require filing with the secretary of the Plan Commission. Within thirty (30) days of filing, the Plan Commission shall approve, conditionally approve or reject the revised CDP.

(4) Comprehensive Development Plan Requirements. The CDP shall be submitted in twenty (20) copies at a scale of not more than two hundred (200) feet to one (1) inch and shall show all lands under the control of the applicant which are contiguous or separated only by existing public roads, or railroad rights-of-way. The plan shall show:

(a) The items under required Preliminary Plat data in Section 20.05(2).

(b) All proposed collector and arterial streets.

(c) All proposed storm water drainage facilities.

(d) Projected population broken down by single and multi-family units.

(e) A further breakdown of multi-family units by the number of bedrooms on a percentage basis.

(f) The development schedule indicating the approximate timing of the proposed development.

(g) A draft Preliminary Plat meeting the requirements of this ordinance may be submitted after a minimum of 20 days after submittal of the Comprehensive Development Plan for that portion of land to be developed in the first stage.

SUBDIVISION REGULATIONS 20.06

20.06 FINAL PLAT. In planning and developing a Final Plat the subdivider or agent shall, in every case, pursue the following course:

(1) Final Plat Procedure.

(a) Prior to submitting a Final Plat for approval, the subdivider shall prepare a draft Final Plat with the Public Works Department. A draft Final Plat shall not be submitted prior to approval of the Preliminary Plat as required in Section 20.05, above. The proposed Plat may constitute only that portion of the approved Preliminary Plat which the subdivider proposes to record at that time.

(b) On completion of a draft Final Plat, a meeting shall be held with the Department of Public Works and Site Plan Review Committee to assist the subdivider in appraising the objectives of these regulations, the Master Plan, the Official Map and any pertinent ordinances and to reach conclusions regarding the objectives and program for the development.

(c) The subdivider shall revise the submitted draft Final Plat documents per the direction of the Site Plan Review Committee. Twenty copies of said revised Final Plat documents shall be submitted to Department of Public Works, which shall distribute the copies for review and comment by the: Public Works Committee; Park, Recreation and Forestry Commission; and Site Plan Review Committee. The comments of said groups shall be forwarded to the Plan Commission to assist in its review of the Final Plat.

(d) The Subdivider shall file a written request for approval of the Final Plat to the Secretary of the Plan Commission and the State of Wisconsin in accordance with Section 236.12 Wisconsin Statutes. Such written request and filing of Final Plats shall be submitted at least twelve (12) days prior to the date of the meeting of the Plan Commission at which the request is to be considered, and shall include all data required by this ordinance. The Plan Commission may forward a copy of the Final Plat to the Dodge or Jefferson County for review and comment.

(e) The Final Plat shall include the entire area owned or controlled by the subdivider within the phase of development for which final approval is sought.

(f) The Plan Commission shall recommend approval, denial or approval with conditions and the Common Council shall within thirty (30) days from the date submitted, approve, approve conditionally or reject the Final Plat, based on its determination of conformance with the intent and provisions of this ordinance, and all related plans and ordinances, and recommendations of appropriate City committees and commissions. The Site Plan Review Committee shall prepare comments on the Plan Commission's recommendation, in conjunction with revisions to the Final Plat provided by the subdivider, in order to provide assurance that all recommended revisions to the Plat made by the Plan Commission are complied with such revised versions. In all cases, the time period within which Common Council action is required shall not commence until the City has received all maps, plans, drawings and related data necessary for plat review of the latest version of the Final Plat as outlined herein. Such time may be extended by a written agreement with the subdivider. The Common Council shall review the Final Plat for conformity with all conditions of approval, if any, and Section 20.03, above, of this ordinance, and shall base approval or disapproval on these requirements. If the final plat meets the requirements of this ordinance, and has been submitted within six (6) months from the approval date of the Preliminary Plat and the conditions have been met in the case of a Preliminary Plat given conditional approval, the Council shall approve the Final Plat.

SUBDIVISION REGULATIONS 20.06 (1)(g)

(g) Prior to approval of the Final Plat by the Common Council, the developer shall enter into a contract for improvements as required by Section 20.11, below. Prior to the signing of said contract by the Mayor and the City Clerk, the developer shall pay to the City all required fees, area charges and deposits, and provide any required performance bonds.

(h) (Am. #99-7) The Final Plat shall be recorded with the Dodge or Jefferson County Register of Deeds only after certificates of the Wisconsin Department of Local Affairs and Development, of the Common Council, of the Surveyor, and those certificates required by Section 236.21 of the Wisconsin Statutes are placed on the face of the Plat. The developer shall record the Final Plat with the proper County Register of Deeds within 30 days of the Common Council Final Plat approval. All required fees shall be due and payable prior to the proper City Officials' signing of the approved Final Plat.

If the Final Plat is not recorded within this 30 days, or an extension is not approved by the Plan Commission, then a penalty payment of $100.00 per calendar day shall accrue, beginning with the 31^st day through the date of recording. The penalty payment shall be made to the City Clerk and must be paid in full prior to the issuance of building permits by the City within the platted area.

(i) If the Common Council fails to act within sixty (60) days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, the plat shall be deemed approved, and upon demand, a certificate to that effect shall be made on the face of the plat by the Clerk of the City.

(j) The subdivider shall provide a duplicate reproducible copy of the Plat on dimensionally stable polyster film to the City along with eleven (11) folded blueline copies, and one copy in DXF format on a 3 1/2 inch diskette.

(2) Final Plat Requirements. The Final Plat of the proposed subdivision shall comply with the requirements of Chapter 236, Wisconsin Statutes, and Section 20.06(1), of this ordinance.

20.07 Minor Subdivision (Certified Survey Map).

(1) Minor Subdivision (Certified Survey) Procedure.

(a) No person, firm or corporation shall divide any land located within the corporate limits of the City of Watertown which shall result in a minor subdivision as defined by this ordinance without first filing an application and a Certified Survey Map for approval by the Plan Commission (and the Common Council when dedication of land is involved), and subsequently recording said Map with the Dodge or Jefferson County Register of Deeds. The Certified Survey Map shall comply fully with sec. 236.34, Wisconsin Statutes and with all applicable requirements of this ordinance.

(b) Pre-Application Procedure. Before filing an application for approval of a certified survey, the subdivider shall consult with the Department of Public Works and shall prepare the following:

1. Prepare a preliminary sketch for review and approval.

2. Complete a Site Assessment Checklist, or when required, an expanded Site Assessment Report for review and approval.

This procedure is intended to assist the developer in appraising the objectives of these regulations, the Master Plan, the Official Map and other pertinent City ordinances. The pre-application information shall be submitted to the Plan Commission as a Preliminary Certified Survey Map for review and approval.

SUBDIVISION REGULATIONS 20.07 (1)(c)

(c) Plan Commission Action. The Plan Commission shall within forty-five (45) days approve, approve conditionally or reject the Certified Survey Map. In certain instances, the Plan Commission may not require a Preliminary Certified Survey Map. The reason for conditional approval or for rejection shall be recorded in the minutes and a letter detailing the action taken shall be sent to the applicant. After the conditions of approval have been satisfied, the resolution of approval and of acceptance for any land dedications shall be presented to the appropriate governmental body for action and if approved shall be placed on the face of the map with nonfading ink.

(d) Compliance.

1. The applicant shall comply with the provisions of Section 20.03 (General Requirements) and Section 20.11 (Required Improvements and Design Standards) of this ordinance.

2. Where streets or other areas are dedicated to the public, the certified survey map shall contain an owner's and a mortgagee's certificate which are in substantially the same form as required by Section 236.21(2)(a), Wis. Statutes.

3. Before an approved Certified Survey Map is recorded, the applicant must pay to the City or other unit of government, any accrued real estate taxes and special assessments owing on any land dedicated by the survey and to the Dodge or Jefferson County Treasurer any delinquent taxes on the dedicated land.

4. Upon recordation by the developer, two (2) copies of the recorded document shall be furnished to the City.

(2) Certified Survey Map Requirements.

(a) The Certified Survey Map shall be prepared by a registered land surveyor and shall comply with the provisions of Section 236.34, Wisconsin Statutes, and of this ordinance.

(b) The certificate of approval shall be placed on the face of the map.

(c) When a dedication of land is required, the Common Council resolution accepting the dedication and approving the map shall be placed on the face of the map.

20.08 EXTRATERRITORIAL LAND DIVISIONS. (Rep.& Recr.#98-64)

(1) Extraterritorial Land Division Policies. The following policies shall govern the City Planning Commission in approving division of land within the extraterritorial area in order to promote those purposes set forth in Section 20.02, if the City of Watertown elects to formally apply its extraterritorial land division approval authority through Council resolution.

1. No land divisions (subdivisions nor minor subdivisions) as defined in this ordinance will be permitted within the formally adopted extraterritorial limits of the City of Watertown, without approval of the City, per the procedures in this Ordinance as applicable to land divisions within the City.

2. Land divisions (subdivisions and minor subdivisions) will be permitted within the formally adopted extraterritorial limits of the City of Watertown if not exceeding an overall density of one (1) dwelling unit for 35 acres, exclusive of the farmstead demonstrated by the subdivider to the satisfaction of the City to be existing as of the effective date of this Ordinance. Lots for non-residential use will be handled on a case-by-case basis. The standards used to review these land divisions will be the same as the standards contained in the Jefferson County or Dodge County Exclusive Agricultural Zoning District Ordinances that are used for considering rezonings. The only exception to this policy is that lots resulting in the infill of existing subdivisions or certified survey maps, as determined by the City Plan Commission, may be permitted.

SUBDIVISION REGULATIONS 20.08 (1)(3)

3. The minimum lot size within the formally adopted extraterritorial limits of the City of Watertown shall be one (1) acre. A smaller lot size may be allowed if also approved by the respective Town Board. In all instances, the density provisions of Subsection 2., immediately above, shall also apply.

4. The City of Watertown will attempt to seek consistency of the City's Plans and locally adopted Town Plans. To the extent that the policies of the City of Watertown are more restrictive in regard to the protection of the public health, safety, welfare, environmental quality, or in terms of implementing the City's Official Map, the City's policies shall prevail. All land divisions within the formally adopted extraterritorial limits will be subject to the land reservation or dedication requirements of this ordinance . This specifically means the following:

a. Any public right-of-way area identified on the City Master Plan or Official Map shall be dedicated in conformance with requirements of this ordinance.

b. Any waterway or storm water management area identified on the City Master Plan or Official Map shall be dedicated in conformance with requirements of this ordinance.

c. Any land falling within the limits of an environmental corridor, as mapped by the City of Watertown or Jefferson County or Dodge County will be required to record a public open space easement specifying that the development shall be consistent with conservancy area zoning in the City Zoning Ordinance.

5. All land divisions within the formally adopted extraterritorial limits shall be required to meet all of the development layout design standards contained in this ordinance.

6. All land divisions within the formally extraterritorial limits will be required to follow erosion control plans in compliance with this ordinance.

7. All land divisions within the formally adopted extraterritorial limits shall pay the required review fees contained in this ordinance prior to initial placement on the Plan Commission agenda.

8. The Plan Commission may require placement of covenants or deed restrictions that are deemed necessary and appropriate by the City Plan Commission to protect environmental quality, public health, safety and welfare, or otherwise implement the City's Official Map. Any such restrictions shall be placed on the face of the plat or certified survey map.

9. The plat or certified survey map shall include those portions of the entire original parcel of land on which any new lots or parcels are created. Where only a portion of the entire original parcel is being divided into new lots and depicted on the face of the plat or certified survey map, a supplemental drawing shall be provided that depicts said entire original parcel and demonstrates full compliance with the provisions of subsection 2., above. This supplemental drawing shall be signed and sealed by a registered surveyor. In addition, in such instances where a supplemental drawing is used, a note shall be placed on the face of the plat or certified survey map cross-referencing such drawing indicating areas necessary for compliance with the density standard established herein.

10. If a variance is granted to the above provision, the resulting division of land shall conform to all of the pertinent regulations of this Ordinance.

(2) Extraterritorial Land Division Procedures. In all cases, the time period within which action is required shall not begin until the Town Board, the staff serving the Jefferson County or Dodge County Zoning Committee, and the City of Watertown have received all maps, drawings and data required for plat or certified survey map approval.

a. No person, firm or corporation shall divide any land located within the formally adopted land division approval jurisdiction of the City of Watertown, without first filing an application and paying the City's standard land division review fee.

SUBDIVISION REGULATIONS 20.08 (2)(b)

b. Pre-application Procedure. Before filing an application for approval of a plat or certified survey, the subdivider shall consult with the Department of Public Works and shall prepare the following:

1. Prepare a preliminary sketch for review and approval.

2. Complete a Site Assessment Checklist, or when required, an expanded Site Assessment Report required by this ordinance, for review and approval.

This procedure is intended to assist the developer in appraising the objectives of these regulations, the Master Plan, the Official Map and other pertinent City ordinances. The pre-application information shall be submitted to the Plan Commission for review and approval.

(3) Extraterritorial Land Division Requirements.

Submittal requirements for land divisions within the Extraterritorial Land Division Jurisdiction enacted by Common Council resolution shall be identical to those required for land divisions within the City Limits.

20.09 FEE AND DEDICATION SCHEDULE. The following schedule is established to insure that each land division, subdivision, planned development and development project pays its share of costs for public facilities and services.

(a) Park and Open Space Fee or Dedication. A dedication of land and/or the payment of a fee in accordance with the provisions of Section 20.11 (23) of this ordinance is required for each dwelling unit planned for development.

(b) Fees to Defray Administrative Expenses. The subdivider shall pay to the City of Watertown fees as established by the Common Council.

1. One hundred dollars ($100.00) plus fifty dollars ($50.00) per acre for land included in a preliminary plat, payable upon submission of the plat, to defray the administrative costs of plat review.

2. One hundred dollars ($100.00) plus fifty dollars ($50.00) per lot for each lot shown on a final plat, payable prior to approval of the final plat, to defray the cost of checking improvement plans.

3. (Rep.#99-16)

4. Site Plan Review Committee review fees applicable to zoning and development related issues shall not be applied to land divisions.

(c) Payment for Engineering, Planning or Legal Services. The subdivider shall pay to the City of Watertown the actual cost of any engineering, planning or legal work undertaken by consultants hired by the City, outside of the City budget, at the request of the developer and the Plan Commission.

(d) Area Charge for Storm Water Management Facilities. The subdivider shall pay to the City of Watertown the apportioned cost for development of an area wide storm water drainage system where such a facility has been designed to serve the proposed subdivision.

(e) Sewerage Fee. The subdivider shall pay to the City of Watertown the apportioned cost, determined by the City, for sanitary sewer connection fees.

SUBDIVISION REGULATIONS 20.10

20.10 CONDOMINIUM PROJECTS. Each condominium project shall be reviewed on the basis of a condominium plat prepared pursuant to Section 703.11, Wisconsin Statutes, and other applicable statutes, as well as these land division and subdivision regulations as a plat or certified survey map for the land development or subdivision elements of the project. Minor subdivision procedures in Section 20.07, above, shall apply to City review of condominium plats.

20.11 REQUIRED IMPROVEMENTS AND DESIGN STANDARDS.

(1) Statement of Intent. It is the intent of the City to ensure the quality in land development and to insure that each development pays its share of the cost of public facilities and services. The City will encourage the use of planned developments employing innovative techniques for the design of functional and aesthetic neighborhoods and which maximize open space and preserve the natural environment. Subdivisions shall be serviced by public water and sanitary sewers and by public streets.

Prior to final approval and acceptance of improvements, and prior to the issuance of any building permits in a subdivision located within the corporate limits and extraterritorial plat approval jurisdiction of the City of Watertown, the subdivider shall install public improvements as hereinafter provided. These improvements may be installed in plat phases approved by the Plan Commission and public improvement phases approved by the Public Works Committee. No building permit may be issued for construction outside of phases of the plat which have not had plans fully approved by the City.

(2) Monuments. The subdivision shall be monumented in accordance with the requirements of sec. 236.15, Wisconsin Statutes. If the topography is such that extensive grading is required, the subdivider may, with the permission of the City Engineer, place the monuments after the grading is completed provided the subdivider executes a surety bond, in an amount required by the City Engineer, to insure that the monuments will be placed within the required time.

Where the Plat is located within a U.S. Public Land Survey quarter section the corners of which have been relocated, monumented and placed on the Wisconsin State Plane Coordinate System by Dodge or Jefferson County or the City, the Plat shall be tied directly to two or more 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 type of monument and Wisconsin State Plane Coordinates of the monument marking, the relocated section or quarter corners to which the Plat is tied shall be indicated on the Plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. 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 and as adjusted to the City's control survey.

(3) Conformity with the Master Plan, Plan for Parks and Open Space, Transportation Plan, Utility Plans and the Official Map. All proposed development shall conform to the Master Plan, Plan for Parks and Open Space, Transportation Plan, Utility Plans and the Official Map of the City as they relate to utilities and transportation facilities. The classification and location of all streets shall conform to the Official Map and shall be considered in their relationship to existing and planned streets, to topographic conditions, to natural features, to public convenience and safety, and in their appropriate location to the proposed uses of the land to be served.

SUBDIVISION REGULATIONS 20.11 (4)

(4) Relationship to Existing and Future Development.

(a) The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas.

(b) Where adjoining areas are not subdivided or developed and the Master Plan indicates development is desired, the arrangement of streets in the proposed development shall provide for proper projection of streets to the boundary of the proposed development.

(5) Blocks.

(a) The lengths, widths and shapes of blocks shall be compatible with the planned use of the land, zoning requirements, need for convenient access, control and safety of street traffic, and the limitations and opportunities of topography. Block lengths in residential areas shall not be less than six hundred (600) feet, nor more than 1,000 feet, between street lines unless dictated by exceptional topography or other limiting factors of good design.

(b) Blocks shall be sufficient width to provide for two (2) tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic.

(c) Pedestrianways or crosswalks, not less than ten (10) feet in width, shall be provided near the center and entirely across any block nine hundred (900) feet or more in length or elsewhere where deemed essential, to provide convenient pedestrian circulation or access to parks, schools, shopping centers, churches or transportation facilities.

(6) Lots.

(a) The size, shape and orientation of the lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

(b) Lot dimensions and setback lines shall conform to the requirements of the Zoning Code.

(c) Excessive depth in relation to width shall be avoided and a proportion of two to one (2:1) shall normally be considered as a desirable maximum for lots.

(d) Side lot lines shall be right angles to straight lines or radial to curved street lines on which the lots face whenever possible.

(e) Corner lots shall have sufficient width to permit adequate building setbacks from side streets to conform with the Zoning Code.

(f) Every lot shall front or abut on a public street.

(g) Lot lines shall follow municipal boundary lines.

(h) Double frontage and reverse frontage lots shall be prohibited except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation.

(i) Residential lots fronting or backing on arterial streets shall be platted with extra depth as required in Section 20.11(9).

SUBDIVISION REGULATIONS 20.11 (7)

(7) Building Setback Lines.

(a) Where they are not controlled by the Zoning Code, building setback lines appropriate to the location and type of development shall be established by the Plan Commission, but shall in no instance be less than typically required by the Zoning Ordinance.

(b) Where lots abut navigable waters, building setback lines for all buildings and structures except piers, marinas, boathouses and similar uses shall be shown on the plat and shall not be less than seventy-five (75) feet from the ordinary high water line as measured in a horizontal plane.

(8) Access. Every lot or parcel created shall have a minimum frontage of 25 feet on a public right-of-way.

(9) Railroads and Limited Access Highways. Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way or limited access highway, the subdivider shall proceed as follows:

(a) In residential districts a buffer strip at least thirty (30) feet in depth, in addition to the normal lot depth required, shall be provided adjacent to the right-of-way of a railroad or limited access highway. This strip shall be a part of the platted lots, but the following restriction shall be written on the plat:

"This strip reserved for the planting of trees or shrubs by the owner. The building of structures hereon is prohibited, and this strip shall not be counted as any required yard. Maintenance of this strip is a responsibility of the lot owner."

(b) The Plan Commission may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land.

(c) Location of local streets immediately adjacent and parallel to railroad rights-of-way shall be avoided.

(10) Streets. All streets must meet the design standards in Table 1, on the following page, as well as the following requirements:

(a) Additional Right-of-Way on Existing Streets. Developments that adjoin existing streets which have rights-of- way less than the minimum standard than the roadway as classified in the Master Plan and/or Official Map shall dedicate additional right-of-way to meet those minimum standards.

(b) Temporary Roadway Termination. Where a street is terminated temporarily at the edge of a development and the street is longer than two hundred forty (240) feet or two (2) lot widths, a temporary turn-around shall be provided by one of the following methods:

1. If the adjacent land is owned by the subdivider, a temporary turn-around can be provided through a restriction (temporary easement) on said land. Such a turn-around shall be constructed to City standards.

2. The subdivider may provide the required turn- around on one of the last lots fronting on the temporary dead-end street through the use of a temporary easement running to the City. Such a turn-around shall be constructed to City standards.

SUBDIVISION REGULATIONS 20.11 (10)(c)

(c) Reserve Strips. There shall be no reserve strips controlling access to streets except where control of such strips is placed in the City under conditions recommended by the Plan Commission and approved by the City Council.

(d) Half Streets. Where an existing dedicated or platted half street is adjacent to a tract being subdivided, the other half of the street shall be dedicated by the subdivider. In new plats, the creation of half streets is prohibited.

(e) Street Jogs. Street jogs with centerline offsets of less than 150 feet shall not be allowed. On collectors and arterials, offsets of less than 600 feet shall not be allowed.

(f) Intersections.

1. No more than two streets shall intersect at one point.

2. Such intersection shall be laid out so that the angle of intersection is as nearly as possible a right angle.

3. No street shall intersect another street at less than a 75 degree angle.

4. Intersections along arterial streets shall be held to a minimum, and whenever feasible, the minimum distance between intersections shall be twelve hundred (1200) feet.

(g) Restriction of Access (Protection of Arterial Streets and Highways). Whenever a proposed subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential property, limitation of access and the separation of through and local traffic shall be provided by:

1. Reversed frontage with screen planting contained in a non-access reservation along the rear property line; or

2. Marginal access street (Frontage Road).

SUBDIVISION REGULATIONS 20.11 (10)(h)

(h) Street Names. A proposed street which is in alignment with or joins an existing and named street shall bear the name of the existing street. In no other case shall the proposed name of the street duplicate the name of an existing street within the Watertown Fire District. The use of the suffix "street", "avenue", "boulevard", "drive", "place", or "court" or similar description shall not be distinction sufficient to constitute compliance with this subsection.

(i) Alleys. Alleys shall not be allowed in Residential Districts, except as approved as part of a Planned Unit Development. In Commercial, Office and Industrial Districts, alleys or other definite and assured provisions shall be made for off-street parking, loading and service access consistent with and adequate for the uses proposed but not inconsistent with the operation and use of the abutting street. No dead-end alleys shall be allowed, nor shall any alley have its point of connection on an arterial street.

(j) Cul-de-Sac Streets. No more than twenty percent (20%) of the lots within a final plat may abut a cul-de-sac except where necessary to provide a development solution (as determined by the City Engineer) to a portion of the subject property otherwise undevelopable due to surrounding existing development or natural feature such as floodplain, wetland or steep slope. All cul-de-sac streets shall terminate in a circular turn-around meeting the dimension standards in Table 1, Section 20.11(10).

(k) Parkways, Greenways and Environmental Corridors. When parkways, greenways, and environmental corridors are to be provided within the proposed plat or certified survey, and they are not officially mapped in enough detail to determine exact dimensions, their width shall be determined by the City Engineer.

(l) Grades. The maximum street grades shall be those in TABLE I, Section 20.11(10). Pedestrianways shall have a maximum grade of 8%. Changes in street grades shall provide such sight distances as the City Engineer determines are required. Street grades shall be established to avoid, wherever possible, excessive grading, removal of ground cover and trees and leveling of the topography.

(m) Pedestrianways and Bikeways. In the design of the plat, the developer shall make provisions for pedestrianways and bikeways for transport and recreation as required by the Plan Commission on recommendation of the Park, Recreation and Forestry Commission. Where it is deemed necessary by the Public Works Committee, and in conformance with the provisions of (5)(c) above, walks and paths away from streets in common areas shall be lighted for safety and to permit visual surveillance in accordance with sec. 20.11(19).

(n) Street Grading. With the submittal of the Preliminary Plat, the subdivider shall furnish standard drawings which indicate the existing and proposed grades of streets shown on the plat. After completion of design engineering work on the streets and approval of street grades by the City Engineer and the approval of erosion control measures by the City Engineer, the subdivider shall grade as required within the right-of-way of the streets proposed to be dedicated, including the vision clearance triangle on corner lots as required in the Zoning Code. 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.

The bed for the roadways in the street rights-of-way shall be graded to subgrade elevation. The City Engineer shall approve all grading within rights-of-way and said grading shall extend for a sufficient distance beyond the right-of-way to insure that the established grade will be preserved. The grading of rights-of-way for principal and primary arterials shall only be required where necessary to provide access to the streets or lots in the plat. Lots, where they abut principal and primary arterials, shall be graded to proposed street grade or to a grade approved by the City Engineer prior to sale.

SUBDIVISION REGULATIONS 20.11 (10)(o)

(o) Street Construction. After sanitary sewer and water utilities have been installed, and after storm sewer trunklines, manholes and catch basins have been installed, the subdivider shall construct and dedicate as part of the subdivision, streets and sidewalks including those adjacent to platted lots in existing street rights-of-way abutting the plat, curbs and gutters, local storm sewer inlets, leads, manholes, catch basins and lines as deemed necessary by the Public Works Committee and required by the Common Council. The subdivider shall surface roadways to the widths prescribed by the Public Works Committee and the City Engineer. Construction shall be to City standard specifications for street improvements. Sidewalk to be installed as per the requirements in 20.11 (18)(c).

All required installations of sanitary sewer, water main, storm water facilities, bikeways, gravel, binder course of asphalt pavement, curb and gutter, and related improvements shall be made by the subdivider prior to the issuance of building permits. The final lift of asphalt shall be installed in the construction season following these improvements to permit settling associated with the winter freeze-thaw cycle. Any required installation of curb and gutter shall be completed by October 15^th of any given year and any required placement of asphalt pavement shall be completed by November 1^st of any given year, unless inclement, unseasonable or marginal weather conditions exist prior to these respective dates. In that case, the City Engineer shall determine under what circumstances either installation may be allowed. If not completed by these dates, no building permits shall be issued until the required work is completed in the next construction season. Sidewalks shall be installed for each lot prior to occupancy, except that the entire required sidewalk network shall be installed within two (2) years of final plat recordation. (Am.#01-10)

Street and sidewalk construction must comply with City standard specifications and be inspected by the City Engineer. The maintenance responsibility for pedestrianways and bikeways that are not located in the public street right-of-way shall go to abutting property owners in the same manner as those in the public right-of-way.

(11) Water. The subdivider shall install water facilities necessary to serve the subdivision as designated and approved by the Water Commission. These improvements are subject to Water Utility specification and inspection, and may be required off-site to ensure appropriate service (as determined by the Water Utility). The developer shall guarantee the functional operation of all system parts for one (1) year from date of acceptance. Acceptance by the City shall be contingent upon the developer meeting all conditions, including approved design, installation, regulatory approvals, payment of all costs for the total project, and any special provisions indicated for a particular project. All water system improvements, upon inspection and acceptance, become the property of the City of Watertown Water Commission.

(12) Sanitary Sewer. The subdivider shall install sanitary sewer facilities necessary to serve the subdivision as designated and approved by the Public Works Committee. These improvements are subject to the City of Watertown specifications and inspection. The developer shall guarantee the functional operation of all system parts for one (1) year from date of acceptance. Acceptance by the City shall be contingent upon the developer meeting all conditions, including approved design, installation, regulatory approvals, payment of all costs for the total project, and any special provisions indicated for a particular project. All sewer system improvements, upon inspection and acceptance, become the property of the City of Watertown.

(13) Utility Easements.

(a) Underground Requirements.

1. All new electric distribution lines, all new telephone lines from which individual lots are served, community antenna television cables and services, and gas utility services shall be underground unless the Plan Commission shall find upon study that:

SUBDIVISION REGULATIONS 20.11 (13)(a)(1)(a)

a. The placing of such facilities underground would not be compatible with the development, or,

b. Location, topography, soil, swamp, solid rock, boulders, stands of trees, rows of trees, hedges or other physical conditions would make underground installation unreasonable or impracticable.

2. Associated equipment and facilities such as, but not limited to, substations, pad-mounted transformers, pad-mounted sectionalizing switches and pedestal-mounted terminal boxes, may be located above ground, provided that they are located in an inconspicuous manner, screened from public view and fit into the development plans for the subdivision.

3. The subdivider or his agent shall furnish proof to the Plan Commission that such arrangements as may be required under applicable rates and rules filed with the Public Service Commission of the State of Wisconsin have been made with the owners of such lines or services for placing their respective facilities underground as required by this section, as a condition precedent to approval of the final plat, development plan or certified survey map.

4. Temporary overhead facilities may be installed to serve a construction site or where necessary because of severe weather conditions. In the latter case, within a reasonable time after weather conditions have moderated or upon completion of installation of permanent underground facilities, such temporary facilities shall be replaced by underground facilities and the temporary facilities removed.

(b) Easement Conditions.

1. Adequate easements shall be provided and dedicated on each side of all rear lot lines, and on side lot lines, across lots, or along front lot lines where necessary, for the installation of storm and sanitary sewers, gas, water, electric lines and communication lines. Such easements shall be noted as "Utility Easements" on the final plat or certified survey map. Prior to approval of the final plat, the Specific Implementation Plan for a Planned Unit Development (PUD), the comprehensive development plan, or certified survey map, concurrence of the appropriate electric and gas communications companies as to the location and width of the utility easements shall be noted on the final plat, Specific Implementation Plan for the PUD, comprehensive development plan, or certified survey map. All easements for storm and sanitary sewers, water mains, pedestrian walks and other public purposes shall be noted thereon as "Public Easements for" followed by reference to the use for which they are intended.

2. Where the electric and gas communications facilities are to be installed underground, the utility easements shall be graded to within six (6) inches of final grade by the subdivider, prior to the installation of such facilities, and earth fill, piles or mounds of dirt shall not be stored on such easement areas. Utility facilities when installed on utility easements whether overhead or underground shall not disturb any monumentation in the plat. In cases where monumentation is disturbed, the Utility shall bear the cost of replacement. Failure to comply will be subject to penalty as provided in sec. 236.32, Wisconsin Statutes.

3. Where the electric and gas communications facilities are to be installed underground, a plat restriction shall be recorded with the final plat or certified survey map stating that the final grade established by the subdivider on the utility easements shall not be altered by more than six (6) inches by the subdivider, his agent, or by subsequent owners of the lots, except with written consent of the utility or utilities involved. The purpose of this restriction shall be to:

SUBDIVISION REGULATIONS 20.11 (13)(b)(3)(a)

a. Notify initial and future lot owners of the underground facilities at the time of purchase,

b. Establish responsibility in the event of damage to such facilities, and

c. Establish the need to alter such facilities. When the utility company uses a service application, said application should also notify the initial and subsequent lot owners of their responsibility regarding such underground facilities.

(14) Drainage and Environmental Corridor Easements.

(a) Greenways and environmental corridors included within land to be divided shall receive the following prescribed treatment by the owner of the subdivision. Where a subdivision is traversed by a waterway, drainageway, channel or stream, or mapped Greenway/Environmental Corridor, an adequate drainageway or easement shall be provided as required by the Plan Commission conforming substantially with the line of such watercourse. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Plan Commission. Parallel streets or parkways may be required. Storm water drainage shall be maintained by landscaped open channels of adequate size and grade to accommodate the flow resulting from the 100 year rainfall event of any duration, such sizes and design details to be subject to review and approval by the City Engineer.

(b) The subdivider shall be responsible for an acceptable continuous drainageway through the proposed plat as determined by the City Engineer. The subdivider shall furnish the City Engineer with a plan outlining the greenway/environmental corridor boundaries and the location of existing drainageways. Such areas shall be dedicated or reserved as required by 20.03(5). In addition, the subdivider shall furnish to the City Engineer a set of cross sections (on 50' stations) of the greenway based on City datum oriented upon a base line as prescribed by the City Engineer. Where a natural drainageway exists which has acceptable hydraulic capacities including alignment and grade as determined by the City Engineer, construction will not be required and the existing natural growth shall be preserved. Where such natural growth is not preserved by action of the subdivider or his agents, he shall be responsible for repairing the disturbed areas by returning them to the original condition by methods approved by the City Engineer. When it is determined by the City Engineer that the hydraulic capacities including alignment and grade are not acceptable, then such alignment, grade and slopes shall be improved by the subdivider to the cross section specified by the City Engineer.

(c) The subdivider shall install permanent pipes or culverts at a grade designated by the City Engineer under all streets crossing a greenway or drainageway. Said installation shall be in accordance with the State of Wisconsin Specifications for Road and Bridge Construction. Culverts required across intersections for temporary street drainage shall be furnished and installed by the developer. All temporary culverts installed by the developer shall be completely removed when the streets are constructed to City standards and the area restored to as nearly original condition as possible, as determined by the City Engineer.

(d) In order to assure proper drainage, the ground elevation along any lot line common with the boundary of a greenway/environmental corridor shall be to an elevation approved by the City Engineer. All lot grading and building elevations shall provide for positive drainage. Grading or filling within the greenway/environmental corridor limits is prohibited.

(e) Greenways/environmental corridors shall be limited to public uses.

SUBDIVISION REGULATIONS 20.11 (15)

(15) Intra-Block Drainage and Foundation Design.

(a) Two (2) weeks prior to submittal of the preliminary plat for review and approval, the subdivider shall submit to the City Engineer a Surface Water Drainage Plan for the plat. This plan may be a part of the Erosion Control Plan. The plan shall indicate but not be limited to the following: elevation of streets, existing topography of the block, proposed drainage swales, proposed yard swale, proposed lowest finished floor elevation range, and indication of the direction of drainage.

(b) Upon approval of the plan, the developer shall place on the preliminary plat arrows to indicate the direction of drainage swales required for intra-block drainage and the following note:

"Arrows indicate direction of drainage swale construction during grading and said swales shall be maintained by the lot owner unless modified with approval of the City Engineer."

(c) A minimum 6 foot wide drainage easement (3 feet on each side of the property line) shall be retained along all joint property lines on the plat. Such easement shall be designated as a stormwater drainage easement, and shall conform to the drainage plan.

(d) Where a subdivider's subsoil investigation indicates potential for groundwater less than ten (10) feet from the proposed street center line elevation, the subdivider shall so note on the face of the plat and indicate the lots affected.

(16) Erosion Control.

(a) The subdivider shall install all temporary and permanent erosion control and sediment control structural aid works as outlined in approved plans required by the Storm Water Management and Erosion Control Section.

(b) The subdivider shall employ erosion control measures to prevent erosion, siltation, sedimentation, and washing and blowing of dirt and debris from excavation, grading, open cuts, side slopes and related activities of the subdivider or the contractors. Such measures shall include, but not be limited to, seeding, sodding, mulching, watering, ponding, and the construction of berms. Plans for erosion control may be submitted to the Dodge or Jefferson County Soil and Water Conservation District for review and comments. These comments shall be available to the City Engineer for review two (2) weeks prior to submittal of the final plat and before any land surfaces are disturbed. Such plans shall meet the requirements of the Municipal Code relating to land grading and the Storm Water Management and Erosion Control Section. Guidelines, standards and specifications contained in the Soil Conservation Service publication, "Minimizing Erosion in Urbanizing Areas", shall provide a framework for the development, review and implementation of the erosion control plan.

(17) Stormwater Management. All proposed development shall be in compliance with the City of Watertown Storm Water Management and Erosion Control Section. Specifically, the subdivider shall install storm sewers and all other facilities necessary for the management of all stormwater deriving from the lands being developed in accordance with the requirements of said policy and related provisions of this section.

SUBDIVISION REGULATIONS 20.11 (18)

(18) Sidewalks and Bikeways. (Rep. and Recr. #98-6)

(a) As used in this section, the following definitions shall apply:

1. Bikeways: Bikeways shall serve both pedestrian and bicycle traffic in areas where the majority of the adjoining lots do not have frontage or access to a street. In general, those lots which do not front or have access on the street in question are not the generating or terminating point for the pedestrian or bicycle traffic. Bikeways shall be designed to transport the majority of pedestrian or bike traffic through the area as opposed to serving the adjoining lots as a sidewalk does. Bikeways shall be constructed of bituminous pavement at least eight (8) feet in width in accordance with City specifications.

2. Sidewalks: Sidewalks shall be constructed of concrete, usually five (5) foot in width with the thickness to be determined by City specifications. Sidewalks shall be located as far from the traffic lane as is possible, but not closer than six (6) inches within the right of way line.

3. Major Streets: Major streets serve the major centers of community activity, contain the highest traffic volume corridors and are through streets for long distances within the City. They shall include all state trunk highways, county trunk highways and their in-town extensions.

4. Arterial Streets: Arterial streets serve trips of moderate length and provide intra-community continuity and access to major streets. They provide more emphasis on land access than major streets.

5. Local Streets: Local streets provide both land access service and traffic circulation within residential neighborhoods, commercial and industrial areas.

6. Low Use Streets: Low use streets comprise of all facilities not classified to a higher use. These streets serve small traffic volume and a limited number of properties and provide access to the higher ordered streets. Cul-de-sacs and short streets are included in this classification.

(b) Required Sidewalk Location. The subdivider shall be required to install sidewalks on both sides of all major streets, and arterial streets and those local streets where access needs to be obtained to and from uses such as, but not limited to, business establishments, schools, churches, neighborhood parks, shopping districts, restaurants or high density multi-family residential developments. Local streets and low use streets, other than cul-de-sac streets, shall have a sidewalk on the west side and the north side only. Cul-de-sac streets need not have sidewalks, except where access needs to be obtained to and from uses such as, but not limited to, business establishments, schools, churches, neighborhood parks, shopping districts, restaurants or high density multi-family residential developments.

(c) Construction Standards.

1. Sidewalks shall be constructed of concrete, usually five (5) feet in width in accordance with City specifications. Sidewalks shall be four (4) inches thick, except at driveway locations where they shall be six (6) inches thick. If, at the time of installation, the driveway location is not known, the four (4) inch slabs shall be replaced with six (6) inch slabs by the developer or owner, once the driveway is located.

2. Bikeways shall be constructed of bituminous pavement at least eight (8) feet in width, in accordance with City specifications.

SUBDIVISION REGULATIONS 20.11 (18)(c)(3)

3. Sidewalks and bikeways constructed at street intersections or within five (5) feet of a legal cross-walk shall include provisions for curb ramping as required by Wis. Stats. Section 66.625 and in accordance with City specifications. Sidewalks and bikeways are to be laid to the established grade of the street. The street edge of the sidewalk or bikeway pavement shall be at an elevation above the top of the curb determined by the City Engineer's Staff.

4. Bikeways shall be reviewed by the Public Works Committee on a case by case basis. Maintenance of these bikeways shall be incorporated into the developer's agreement.

5. Sidewalks shall be installed for each lot prior to occupancy, except that the entire required sidewalk network shall be installed within two (2) years of final plat recordation.

(19) Street Lighting. The developer shall pay to the City of Watertown the costs for installing street lights. Street lighting must meet the City's Standard Specifications. Payment for street lights shall be made prior to the issuance of building permits. In areas where underground electric facilities are installed, poles for lighting may be ornamental. The subdivider shall provide street, pedestrianway and bikeway lighting systems within the area being developed, upon consultation with the appropriate electric utility and as approved by the Public Works Committee. All street lighting will be installed by the electric utility serving the City of Watertown.

(20) Street Signs. The developer shall pay to the City of Watertown the costs for installing all street name signs, temporary street dead-end barricades and signs, all no parking signs, all traffic control signs and pavement markings as required by City standards, prior to acceptance of the subdivision or submit a fee deposit in lieu, per City direction.

(21) Street Trees. Street trees are not required under this section.

(22) Buffer Strips. Where a plat, certified survey or planned development project contains a buffer strip required by this section, the developer shall, prior to recording of a final plat or certified survey or prior to the issuance of a certificate of occupancy for a development project, install plantings in conformance with the Municipal Code or shall file with the City Clerk a contract, guaranteed by bond in an amount determined by the City Engineer, in which the developer agrees to provide such plantings. The plantings are to be trees and shrubs of the varieties required and shall be of sufficient density to accomplish visual screening.

SUBDIVISION REGULATIONS 20.11 (23)

(23) Dedication and Improvement of Public Parks & Other Public Sites. (Recr. #97-63) The requirements of this subsection are established to insure that adequate parks, open spaces and sites for other public uses are properly developed, located and preserved as the City grows and that the cost of providing the park and recreation sites and facilities necessary to serve the additional people brought into the community by land development may be equitably apportioned on the basis of the additional needs created by the development. The requirements shall apply to all lands proposed for all residential development, including those which do not involve an additional land division.

Any development approval which enables the creation of additional dwelling units, shall require compliance with this parkland improvement and dedication or fee-in-lieu-of-land payment requirement. This would include any land division which creates new lots. It would also include any building permit for any more than one dwelling unit per existing lot (duplex, two-flat, or multi-family building). Single-family homes to be constructed on vacant lots which pre-date the adoption of the new Subdivision Section would be the only dwelling units which would be exempt.

(a) In the design of a subdivision, including minor subdivisions, or planned developments, provision shall be made for suitable sites of adequate area for parks, playgrounds, open spaces, schools and other public purposes. Such sites as are shown on the Official Map, Master Plan or Parks and Open Space Plan shall be made a part of the design. Where such are not shown on said plans or map, consideration shall be given to the preservation of scenic and historic sites, stands of trees, marshes, ponds, streams, and woodland, prairie and wetland plant and animal communities.

(b) The subdivider shall dedicate suitable land for the park, recreation and open space needs of the development in accordance with standards and recommendations contained in the Plan for Parks and Open Space. This shall include the provision of pedestrian and bikeway linkages necessary to provide access to park, recreation and open space areas as determined by the Plan Commission and Park, Recreation and Forestry Commission. All required land dedication under this subsection are in addition to the dedications or reservations required in section 20.11(14).

(c) The subdivider shall dedicate sufficient land area and/or fees to provide adequate park, playground, recreation and open space to meet the needs to be created by and to be provided for the subdivision, minor subdivision, or planned development project. At least 1,187 square feet of land shall be dedicated for each proposed residential dwelling unit within the approved final subdivision, minor subdivision or planned development project and 475 square feet of land for each institutional residential unit.

Where a definite commitment is made by the subdivider with respect to the number of dwelling units to be constructed on any parcel of land, the dedication shall be based on that number. Where no such commitment exists, the dedication shall be based on the maximum number of dwelling units permitted in the zoning district.

- If the number of lots in the plat or survey is increased, or

- the zoning 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.

(d) All subdivisions, minor subdivisions and planned development projects are required to provide convenient pedestrian and bicycle linkages to park and recreation sites. Where, in the opinion of the Plan Commission, such linkages are required outside the public street right-of-way, they shall be reserved by easement and developed as an obligation of the subdivider or developer. The development of linkages shall not be counted toward the park land dedication requirements in paragraph (c) above.

SUBDIVISION REGULATIONS 20.11 (23)(e)

(e) Whenever a park site, recreation site or other public site, that is designated in the Park and Open Space Plan, Master Plan or Official Map, is of a larger area than the required dedication established herein, the required dedication shall occur at the same time of final plat approval. The remaining lands may be reserved by the Common Council for a period not to exceed 3 years, unless extended by mutual agreement. During such time period, the City may, in its discretion, agree to purchase the reserved lands at the "fair market value" established at the time of the final plat approval, plus any real estate taxes accrued from the date of reservation.

(f) Any land to be dedicated as a requirement of this section shall be reasonably adaptable for the intended park and recreation uses and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of a proposed park and recreation area shall include, but not be limited to, size, shape, topography, geography, tree cover, access, and location. The determination of land suitability will be at the sole discretion of the Plan Commission acting on the recommendation of the Park, Recreation and Forestry Commission. All lands dedicated under this section shall have at least one hundred feet of frontage on a public street. The Plan Commission and Park Commission may adjust this frontage requirement if better alternatives for access are provided. Of the abutting frontage, all costs of public streets, sidewalks, and utilities (normally assessable) shall be paid for by the subdivider or developer.

(g) 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 Commission determines that a cash contribution or combination of land and fees will better serve the public interest, the Plan Commission shall require the developer to pay a fee-in-lieu of making the required land dedication.

(h) The Plan Commission and the Park, Recreation and Forestry Commission may require or permit the subdivider to satisfy the dedication requirements of this section by combining land dedication with fee payments.

(i) 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 $120.00 for each institutional residential housing unit and $300.00 each for all other dwelling unit types. The maximum fee per dwelling unit may be adjusted as determined by the Common Council. (Rep.& Recr.#99-13)

SUBDIVISION REGULATIONS 20.11 (23)(j)

(j) The amount of any fee imposed on the basis of "fair market value" pursuant to paragraph (i) above shall be determined as follows: the number of proposed residential dwelling units within the plat shall be multiplied by the number of square feet given in subsection (c) above, and the number of proposed institutional residential dwelling units shall be multiplied by the number of square feet given in subsection (c) above; then the resulting product(s) shall be multiplied by the "average value per square foot" of improved land in the proposed development. The "fair market value" shall be determined by the City Assessor based on the projected assessed value adjusted to market value in accordance with current practices of the City Assessor. The "fair market value" shall be established for the year in which the fee is to be received by the City and re-established similarly for phased developments. If the subdivider objects to such an evaluation, he may at his expense obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable. Where applied to tax-exempt development, this approach shall use the most comparable taxable development, as determined by the City Assessor.

(k) 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.

(l) The Common Council shall place any fee collected pursuant to the provisions of this section in a separate non-lapsing segregated fund to be used for land acquisition of adequate park, playground, recreation and open space. Monies spent may be expended in other neighborhoods or community facilities in reasonable proximity to the subdivision, as determined by the Common Council, upon recommendation by the Park, Recreation and Forestry Commission.

(m) Credit for Private Park and Recreation Areas. Where private park and recreation areas are provided in a proposed planned development district and such space is to be privately owned and maintained by the future residents of the development, such areas may be credited toward, but not to exceed 25% of, the requirement of dedication for park and recreation purposes, as set forth in paragraph (c) above, provided the City Plan Commission, acting upon the recommendation of Park, Recreation and Forestry Commission, finds it is in the public interest to do so, and that the following standards are met:

1. That yards, court areas, setbacks and other open areas required to be dedicated or maintained by this Section and the Zoning Regulations shall not be included in the computation of such private open spaces; and

2. That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and

4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

5. That facilities proposed for the open space are in substantial accordance with the recommendations of the adopted Park and Open Space Plan. If the proposed private park is in the service area of a park site designated in the park plan or a site dedicated and/or developed as a public park, then no credits will be given for private facilities.

In making the evaluation of the credit for private recreation facilities, the Plan Commission may retain independent professional services (agreed upon by both parties) to determine the amount of credit, if any, that should be allowed. The fees for such independent evaluations shall be paid by the developer.

SUBDIVISION REGULATIONS 20.11 (23)(n)

(n) Recreation Facilities Improvement Fees.

(1) The subdivider shall pay a recreation facilities improvement fee as set forth herein. 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. Where expanded or new parks are planned or under development, a minimum of twenty-five percent of the collected fees shall be spent on neighborhood parks to serve the subject property. The remainder of the collected fees shall be spent on other components of the park and recreation system that serves the entire community, including the subject property. Recreation facilities mean recreational equipment, structures, supporting utilities and infrastructure, grading, seeding and landscaping.

(2) The Common Council shall place any fee collected pursuant to the provisions of this section in a separate non-lapsing segregated fund to be used for development of adequate recreation facilities and equipment. Monies spent may be expended in other neighborhood parks or community facilities in reasonable proximity to the subdivision, as determined by the Common Council, upon recommendation by the Park, Recreation and Forestry Commission.

(3) The timing of land acquisition and facility development shall be at the discretion of the City, as directed by the Park, Recreation and Forestry Commission. However, where sufficient parkland and recreation facility improvement fees have been acquired to enable the substantial development of planned park and recreation facilities, the City shall make said improvements within three years of land acquisition and fee collection.

(4) The recreation facility fee shall be $346.48 for each institutional residential housing unit and $866.19 each for all other dwelling unit types. The maximum fee per dwelling unit may be adjusted annually for inflation during the annual budget process per Common Council approval by the City Clerk by using the CPI for Wisconsin provided by the Wisconsin Department of Revenue. This fee shall be above and beyond the land dedication or payment-in-lieu of dedication.

(5) Payment shall be in a lump sum prior to the recording of the final plat or certified survey or prior to the issuance of any building permit for a development where no plat or certified survey map is involved.

SUBDIVISION REGULATIONS 20.11 (24)

(24) Contract Requirements for Installation of Improvements. Before final approval of any plat located within the corporate limits of the City of Watertown, the subdivider shall be required to enter into a contract with the City agreeing to install all required improvements. The subdivider shall file with said contract, subject to the approval of the City Attorney, a bond, certificate of deposit, irrevocable letter of credit, certified check or other security in an amount equal to the estimate of the cost prepared by the City Engineer as a guarantee that such improvements will be completed by the subdivider or his contractors not later than eighteen (18) months from the date of recording of the plat. As a further guarantee that all obligations for work on the improvements are satisfied, the contractor and subcontractors who are to be engaged in the construction of utilities or street improvements on dedicated street rights-of-way, shall be listed as qualified for such work by the Public Works Committee. Governmental units to which these bond and guarantee provisions apply may file in lieu of said contract or instrument of guarantee, a letter from officers authorized to act on its behalf, agreeing to comply with the provisions of this section. The contract shall also require the subdivider to pay all outstanding assessments for public improvements previously installed and all area charges for sanitary sewer and water mains, force mains, and pumping stations previously installed by the City . The subdivider shall provide for connecting with water and sanitary sewer mains, storm water drainage facilities, curb and gutter, sidewalk and street improvements, walkways and bikeways on all abutting streets and on any street in the plat not included in the contract which are located in previously approved and developed phases of the plat.

In those cases where the Common Council determines it is in the interest of the City to install improvements by City contract and at such time as the City may designate, the subdivider shall petition the City for water, sanitary sewer main, sanitary sewer laterals, curb and gutter, sidewalk and street improvements. The cost of such improvements shall be paid by assessments to the benefitted properties. When improvements are partially installed by City contract in lieu of the preceding contract, the subdivider shall provide a contract and bond for all other required improvements.

(25) Documentation. The subdivider shall furnish the City with a reproducible "as built" set of plans showing all improvements for the plat. The subdivider shall also furnish an itemized cost for the improvements in the contract prior to City approval and/or acceptance of the development.

(26) Compliance with Appendix A. All improvements shall comply with the requirements of Appendix A (attached) and all other requirements of the City of Watertown.

20.12 VARIANCES.

(1) In cases where a subdivision or minor subdivision is part of a Planned Unit Development for which a Specific Implementation Plan containing revised design standards is recommended by the Plan Commission and approved by the Common Council and recorded with the Dodge or Jefferson County Register of Deeds, the waiver of, or variance in, the design standards required by this section shall be considered to have been granted.

(2) Variances not related to a planned unit development may be granted by the Common Council so that substantial justice may be done and that the public interest is secured when, in its judgment, it would be inappropriate to apply a provision of this ordinance or when such application would cause extraordinary hardship.

SUBDIVISION REGULATIONS 20.12 (3)

(3) A variance may be granted by the Plan Commission to permit a parcel to be created by a proposed land division in the extraterritorial review area when it is shown that the application satisfies the following standards:

(a) A finding of fact must be made that the purpose of the proposed parcel is to be a lot for a dwelling unit which is to be occupied by a person who, or a family at least one member of which earns a substantial part of his or her livelihood from farm operations on the parcel, and/or contributes work which is substantially needed in the farm operation, and is the parent or child of the farm operator or the spouse of the farm operator; and

(b) A finding of public interest must be made that the proposed parcel and development design is reasonable upon consideration of these factors:

1. The potential for conflict with agricultural use.

2. The need of the proposed development for a location in an agricultural area.

3. The availability of alternative locations.

4. Compatibility with existing or permitted development on adjacent lands.

5. The productivity of the lands involved.

6. The location of the proposed development so as to reduce to a minimum the amount of productive agricultural land converted.

7. The need for public services created by the proposed development.

8. The availability of adequate public services and the ability of affected local units of government to provide them without a reasonable burden.

9. The effect of the proposed development on water or air pollution, soil erosion and rare or irreplaceable natural resources.

When the site is zoned Exclusive Agricultural (A-1) under the Dodge or Jefferson County Zoning Ordinances, the Commission shall defer to the County conditional use decision on the standards of (b), where such a county decision is needed to establish the dwelling unit.

(c) The minimum parcel size allowable under (3) by variance is one acre, exclusive of any area dedicated to the public.

(d) If a variance is granted under this subsection the division of land shall be subject to all other pertinent provisions of this and related ordinances.

(4) Reasons and conditions for any waiver or variance granted shall be entered in the minutes of the Common Council.

SUBDIVISION REGULATIONS 20.13

20.13 APPEALS.

(1) The following decisions of the Plan Commission may be appealed to the Common Council:

(a) Rejection of a Preliminary Plat, a Final Plat or a Certified Survey Map;

(b) A determination that land is unsuitable for subdivision;

(c) The requirement of a Preliminary Plat for a Land Division.

(2) The procedure for the filing and handling of the appeal shall be that outlined in Sec. 18.28(9) of the Zoning Code.

20.14 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid by reason of a decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase thereof.

This ordinance shall be in force and effect from and after its adoption and publication.

20.15 DEFINITIONS. The following terms, whenever they occur in this ordinance, are defined as follows:

(1) Act of Division: The division of a lot or parcel of land into two or more parcels.

(2) Bikeway: A general term describing any or all of the following defined types of facilities used for bikes. A network of bikeways constitutes a bike route system. Class designations are those in the Long Range Bikeway Program:

(a) Bike Path. (Class I) A bike route completely apart from a street used by motor vehicles and restricted to bicycles unless designated otherwise.

(b) Bike Lane. (Class II) A designated lane of a street, restricted to bicycle usage and separated from motor vehicles by a painted line, raised divider or curb.

(c) Mixed Traffic Route. (Class III) A route, designated by signs, along streets used by motor vehicles and bicycles.

(3) Certified Survey Map: A map or plan of record of a minor subdivision meeting all the requirements of sec. 236.34, Wisconsin Statutes, and of this ordinance.

(4) Closed Drainage Basin: A drainage basin which, during periods of normal rainfall, has no surface outlet.

(5) Common Council: The City of Watertown Common Council.

(6) Comprehensive Development Plan: A total site plan for an area of land eighty (80) acres or more in size under the control of a developer(s) at the time of submission for review. Said plan specifies and illustrates the location, relationship and nature of all uses, easements, streets, pedestrian paths, bikeways and common open space.

SUBDIVISION REGULATIONS 20.15 (7)

(7) Condominium Development: A real estate development, redevelopment or ownership regime conversion project involving establishment or alteration of the condominium form of ownership for all or part of the development.

(8) Developer: (see Subdivider)

(8) Division of Land: The division of a lot or parcel of land into two or more parcels.

(9) Driveway: A vehicle access from private property to a public street.

(10) Environmental Corridors: Continuous open space systems based on natural resources and environmentally important lands. The corridors are based primarily on streams, lakes, shorelands, floodplains, waterways, and wetlands.

(11) Extraterritorial Plat Approval Jurisdiction: As defined in sec. 236.02(2), Wisconsin Statutes (3 miles from corporate limits).

(12) Final Plat: The map or plan of record of a subdivision and any accompanying material as required in sec. 20.06.

(13) Governing Body: The City of Watertown Common Council.

(14) Greenway: An open area of land included under the definition of "Parkway," the primary purpose of which is to carry storm water on the surface of the ground in lieu of an enclosed storm sewer. Greenways may serve the following multiple public purposes in addition to their principal use, including but not limited to vehicular and/or pedestrian traffic, sanitary sewers, water mains, storm sewers, storm water retention basins, waterways, conservancy areas, environmental corridors, and park development.

(15) Land Division: The division of a lot or parcel of land into two or more parcels. Also referred to as Division of Land.

(16) Land in its Natural Undeveloped State: Land which has runoff characteristics equivalent to runoff curve number (CN) 70, as used in the runoff methodology promulgated by the United States Soil Conservation Service National Engineering Handbook.

(17) Master Plan: The comprehensive plan for guiding and shaping the growth and development of the Watertown community, including all of the component parts, as prepared by the Plan Commission and certified to the Common Council.

(18) Minor Subdivision: The division of a lot or parcel of land for the purpose of transfer of ownership or building development where the act of division creates four (4) or fewer parcels, lots or building sites, any one of which is thirty-five (35) acres or less in area. A minor subdivision of a lot or parcel shall occur not more than once in five years.

(19) Official Map: The map indicating the location, width and/or extent of existing and proposed streets, highways, parkways, parks, waterways, and playgrounds, as adopted by the Common Council pursuant to sec. 62.23(6), Wisconsin Statutes.

SUBDIVISION REGULATIONS 20.15 (20)

(20) Other: All other pertinent terms shall be as defined in the Zoning Code of the City of Watertown and in Chapter 236, Wisconsin Statutes.

(21) Parcel: Contiguous lands under the control of a subdivider(s), not separated by streets, highways or railroad right-of-ways.

(22) Parkway: Any right-of-way for vehicular traffic including bicycles or pedestrian traffic, or both, with full or partial control of access and usually located within a part or a ribbon of park-like development. Said parkway may include greenways required for storm water drainage purposes where the drainage improvement is to include park-like treatment and where pedestrian or vehicular travel, including bicycles, may be permitted.

(23) Plan Commission: The City of Watertown Plan Commission.

(24) Planned Unit Development: Any zoning district which allows diversification and variation in land development to achieve an improved living environment and to preserve open space.

(25) Plat: A map of a subdivision.

(26) Preliminary Plat: A map delineating the features of a proposed subdivision as described herein, submitted to the Plan Commission for preliminary consideration prior to the final plat.

(27) Prime Agriculture Land: Lands containing Class I, II, III soils and other lands having a history of agricultural production.

(28) Replat and Resubdivision: The process of changing, or the map which changes, the boundaries of a recorded plat or a part thereof. The legal division of a larger block, lot or outlot within a recorded plat, without changing the exterior boundaries of said block, lot or outlot is not a replat. See sec. 236.36, Wisconsin Statutes.

(29) Street: A public way for vehicular and pedestrian traffic whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place, or however otherwise designated.

(a) Arterial Streets and Highways. Those streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances.

1. Principal Arterials. Streets serving the major interstate and interregional traffic corridors and providing the highest mobility level and a high degree of access control.

2. Primary Arterials. Streets serving major regions or connecting important cities and major intracommunity corridors in the metropolitan area. These routes provide high mobility and a high degree of access control.

3. Standard Arterials. Those streets which more commonly provide for intermediate length trips, thus serving through traffic movement in trade areas or feeding traffic to the principal and primary arterial streets from lower activity areas not served by such routes.

SUBDIVISION REGULATIONS 20.15 (29)(b)

(b) Collector Streets. Streets which provide moderate speed movement of persons and goods between major arterials and/or activity centers. They are basically local streets which because of directness of routing and higher capacity receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.

(c) Local Streets. Streets designed for low speeds and low volumes which provide access from low traffic-generating areas to collector and arterial systems.

1. Industrial Street. A local street serving an Industrial, Office or Commercial area as defined in the Zoning Code.

2. Residential Streets.

a. Residential, Typical. A standard residential street.

b. Residential, Major. A street located within and/or between plats or other residential development which serves to connect local streets to collector or arterial streets.

(d) Marginal Access Streets (Frontage Roads). Streets parallel and adjacent to arterial streets and highways which provide access to abutting properties and separation from through traffic.

(e) Alley. A public right-of-way which affords a secondary means of access to abutting property.

(f) Cul-de-Sac Streets. Streets closed at one end with turnarounds.

(g) Dead-End Streets. Streets closed at one end without turnarounds. These are prohibited.

(30) Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground, excepting public utility facilities and appurtenances attached thereto.

(31) Subdivider: Any person, firm, partnership, corporation, association, estate, trust or other legal entity requesting review or action on a plat, minor subdivision or condominium.

(32) Subdivision: The division of a lot or parcel of land for the purpose of transfer of ownership or of building development, where:

(a) The act of division creates five (5) or more parcels or building sites of thirty-five (35) acres each or less in area, or;

(b) The act of division creates five (5) or more parcels or building sites of thirty-five (35) acres each or less in area by successive divisions within a period of five years.

(33) Urban Service Area: That area which the City of Watertown Common Council has designated as the area within which it expects the provision of the full range of urban facilities and services. For purposes of this ordinance, the full range of services includes, but is not limited to, sanitary sewer, storm sewer, water supply and distribution, fire service and police, parks and open space, recreation, schools and transportation. The designated urban service area may include areas in which other local governments will provide these services consistent with the Land Use Plans for Dodge and Jefferson Counties and policies of the City of Watertown.

SUBDIVISION REGULATIONS 20.15 (34)

(34) Waterways: Rivers, streams, creeks, ditches, drainage channels, watercourses, lakes, bays, ponds, impoundment reservoirs, retention and detention basins, marshes and other surface water areas, regardless of whether the areas are natural or artificial.

(35) Zoning Code: Ch. 18, Municipal Code of the City of Watertown.

SUBDIVISION REGULATIONS (Appendix)

APPENDIX A

WATERTOWN SUBDIVISION REQUIREMENTS

(Am.#01-9)

1. Roadbed shall consist of 14" of gravel.

Lower course to be 8" of maximum 3" stone.

Upper course to be 6" of ¾" road gravel.

Gravel base shall extend 1' beyond back of curb on each side of the street.

2. Asphalt pavement shall be Type MV per WISDOT specifications. Minimum thickness shall be 3½" consisting of a 2" binder course and 1½" surface course. Greater thicknesses shall be as directed by the City Engineer, depending on street classification.

Binder courses shall be Gradation Number 2.

Surface courses shall be Gradation Number 3.

3. All structures such as manholes, valves, and catch basins/inlets shall be set to binder course grade with initial paving. At the time of surface course paving, these items shall be raised to finish grade by rings or other means approved by the City Engineer.

4. Storm sewer pipe shall be reinforced concrete. Minimum size shall be 12" diameter.

5. Pipes and Manholes:

a. Sanitary and storm sewer manholes shall be precast concrete and have a minimum inside diameter of 48". Greater inside diameters may be required due to angles or number of pipes, as directed by the City Engineer.

b. Sanitary sewer pipes shall be connected to the manhole by means of a flexible watertight seal.

c. There shall be a minimum of 0.10' drop from the inlet to the outlet pipe in all sanitary sewer manholes.

d. There shall be a minimum of a 6" sump in all storm sewer manholes and catch basins/inlets.

6. All catch basins/inlets shall be 2' x 3' precast concrete boxes.

7. Typical pipe locations:

a. Sanitary sewer shall be in the center of the road.

b. Water main shall be 10' north or west of sanitary sewer depending on street orientation.

c. Storm sewer shall be 10' south or east of sanitary sewer depending on street orientation.

8. Castings:

a. Sanitary and storm sewer manhole castings shall be Neenah R1550, Type B, non-rocking lid with concealed pick holes.

b. Storm sewer catch basin/inlet castings shall be Neenah R3067 Type R if at a low point, or R3067 Type L (Vane) if on-grade.

9. Sanitary sewer main pipe shall be PVC, ASTM D-3034, SDR 35. Minimum size shall be 8" diameter.

SUBDIVISION REGULATIONS (Appendix)

10. Sanitary sewer lateral pipe shall be PVC, Schedule 40. Minimum size shall be 4" diameter. Laterals

shall be laid at a minimum slope of ¼"/foot in the street right-of-way.

11. Street construction shall follow the pertinent sections of the WISDOT Standard Specifications for Highway and Structure Construction, 1996 Edition.

12. Pipe installation shall follow the Standard Specifications for Sewer and Water Construction in

Wisconsin, Fifth Edition, March, 1988, and Addenda of 1992 and 1999.

13. Curb and Gutter:

a. The cross-section shall be WISDOT typical, Type L with optional curb shape, or as approved by the City Engineer.

b. At low point catch basins/inlets, no concrete curb and gutter shall be installed with initial construction. A gap of 5' shall remain on both sides, and two #4 bars x 2' long shall be installed in each stub end of curb (1' in and 1' out).

Catch basin grates shall be set to binder course grade with initial paving. Asphalt curb shall be installed in the curb gaps. Concrete curb and gutter shall be installed in the construction season of the surface course paving.

 

c. Handicap ramps shall be installed at all intersections.

14. Sidewalk:

a. Sidewalk shall be 4" thick, unless through a driveway. Then it shall be 6" thick.

b. Sidewalks shall be 5' wide.

c. The home edge of the sidewalk shall be 1' from the right-of-way line.

d. Handicap ramps shall be 5" thick..

e. All sidewalk and ramps shall be underlain with 3" of ¾" crushed aggregate base gravel.

15. All items pertaining to water main installation shall be as approved by the Watertown Water Utility. Mike Olesen, Water Utility Manager, is the contact at (920) 262-4075, Ext. 20.

16. Developer shall abide by all other site-specific requirements set by the City of Watertown.

SUBDIVISION REGULATIONS 20.16

20.16 EROSION CONTROL AND STORM WATER RUNOFF (Cr. #98-20)

1. AUTHORITY.

(A) This section is adopted by the City of Watertown under the authority granted by s.62.234 Wis. Stats. This section supersedes all conflicting and contradictory storm water management regulations previously enacted under s. 62.23, Wis. Stats. Except as specifically provided for in s. 62.234 Wis. Stats., s. 62.23, Wis. Stats. applies to this section and to any amendments to this section.

(B) The provisions of this section are deemed not to limit any other lawful regulatory powers of the same governing body.

(C) The City of Watertown hereby designates the City Engineer to administer and enforce the provisions of this section.

(D) The requirements of this section do not pre-empt more stringent storm water management requirements that may be imposed by WPDES Storm Water Permits issued by the Department of Natural Resources under s. 147.021 Wis. Stats.

2. FINDINGS OF FACT. The City of Watertown finds that uncontrolled storm water runoff from land development activity has a significant impact upon water resources and the health, safety, and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled storm water runoff can:

(A) degrade physical stream habitat by increasing streambank erosion, increasing streambed scour, diminishing groundwater recharge, and diminishing stream base flows;

(B) diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing loadings of nutrients and other urban pollutants;

(C) alter wetland communities by changing wetland hydrology and by increasing pollutant loads;

(D) reduce the quality of groundwater by increasing pollutant loading;

(E) threaten public health, safety, property, and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities;

(F) threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes;

(G) undermine flood plain management efforts by increasing the incidence and levels of flooding.

SUBDIVISION REGULATIONS 20.16 (3)

(A) PURPOSE. The purpose of this section is to set forth storm water requirements and criteria which will prevent and control water pollution, diminish the threats to public health, safety, welfare, and aquatic life due to run-off of storm water from development or redevelopment.

(B) INTENT. The City of Watertown recognizes that the preferred method of addressing storm water management problems and needs is through the preparation of comprehensive storm water management system plans for logical subwatershed areas which are designed to meet the purpose and intent of this section. Accordingly, the standards for on-site storm water management measures set forth in Section 7(A) and 7(B) do not apply in areas where such plans have been prepared and approved by the City of Watertown. In those areas for which approved storm water management plans have been prepared, all land development activities will include storm water management measures set forth in those approved storm water management plans. It is the general intent of the City of Watertown to achieve its purpose through:

(i) managing long-term, construction site erosion and post-construction storm water discharges from land development activities;

(ii) providing two options for developing storm water management requirements including: 1) application of generic requirements in this section on a site-by-site basis in areas for which no approved storm water management plan exists; and 2) implementation of management practices set forth in detailed storm water management plans in areas which are covered by an approved storm water management plan.

(A) "Administering authority" means the governmental employee, or a regional planning commission empowered under s. 62.234 Wis. Stats., designated by the City of Watertown to administer this section.

(B) "Agricultural land use" means use of land for planting, growing, cultivating. and . harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.

(C) "Business day" means a day which the offices of the City Engineer are routinely and customarily open for business.

(D) "Cease and desist order" means a court issued order to halt land developing activity that is being conducted without the required permit.

(E) "Commercial land use" means use of land for the retail or wholesale of goods or services.

(F) "Common plan of development or sale" means all lands included within the boundary of a certified survey or subdivision plat created for the purpose of development or sale of property where multiple separate and distinct land developing activity may take place at different times and on different schedules.

(G) "Construction site control measure" means a control measure used to meet the requirements of s..07(B).

(H) "Control measure" means a practice or combination of practices to control erosion and attendant pollution.

SUBDIVISION REGULATIONS 20.16 (4)(i)

(I) "Control plan" means a written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirements of this section submitted by the applicant for review and approval by the City of Watertown.

(J) "Design rainfall event" means a discrete rainstorm characterized by a specific duration, rainfall intensity, return frequency, and total depth of rainfall.

(K) "Discharge volume" means the quantity of runoff discharged from the land surface as the result of a rainfall event.

(L) "Division of land" means the creation of four or less parcels or building sites of one or fewer acres from one parcel-each in area where such creation occurs at one time or through the successive partition within a 5-year period.

(M) "Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.

(N) "Extra-territorial" means the unincorporated area within 3 miles of the corporate limits of a first, second, or third class city, or village.

(O) "Fee in lieu" means a payment of money to the City of Watertown in place of meeting all or part of the storm water performance standards required by this section.

(P) "Gross aggregate area" means the total area, in acres, of all land located within the property boundary containing the land development activity.

(Q) "Groundwater enforcement standard" means a numerical value expressing the concentration of a substance in groundwater which is adopted under s. 160.07 Wis. Stats., and s. NR 140. 10 or s. 160.09 Wis. 'Stats, and s. NR 140.12.

(R) "Groundwater preventive action limit" means a numerical value expressing the concentration of a substance in groundwater which is adopted under s. 160.15 Wis. Stats., and s. NR 140.10, 140.12, or 140.20.

(S) "Irrevocable letter of credit" means an agreement with a bank or other institution to pay money or extend credit to honor the term of the permit with the City.

(T) "Impervious surface" means a surface that releases the rainfall as surface runoff during a large portion of the design rainfall event. "Rooftops," "sidewalks, "parking lots" and "street surfaces" are examples of impervious surfaces.

(U) "Infiltration" means the process by which rainfall or surface runoff percolates or penetrates into the underlying soil.

(V) "Landowner" means any person holding title to or having an interest in land.

(W) "Land user" means any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

(X) "Land development activity" means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface, or means the construction of buildings; roads; parking lots; paved storage areas; and similar facilities-excluding agricultural land use.

SUBDIVISION REGULATIONS 20.16 (4)(y)

(Y) "Land disturbing construction activity" means any man-made change of the land surface including removing vegetative cover; excavating; filling; and grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.

(Z) "Local municipality" means a town, county, village, or city.

(AA) "Maintenance agreement" means a legal document that is filed with the County Register of Deeds as a property deed restriction and which provides for long-term maintenance of storm water management practices.

(BB) "Maintenance Bond" means a bond which guarantees that the permit holder will perform needed maintenance outlined in the permit. The bond protects the City against loss due to the inability or refusal of the permit holder to perform to the conditions of the permit.

(CC) "Natural wetlands" means 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, according to the most current Wisconsin Wetland Inventory Maps. These wetlands include existing, mitigation, and restored wetlands as indicated on the most recent Wisconsin Wetland Inventory Maps.

(DD) "Non-storm discharge" means a discharge to the storm sewer system created by some process other than the runoff of rain.

(EE) "Non-structural measure" means a practice, technique, or measure to reduce the volume, peak flow rate, or pollutants in storm water that does not require the design or installation of fixed storm water management facilities.

(FF) "Off-site" means located outside the property boundary described in the permit application for land development activity.

(GG) "Other than residential development" means development of the following land uses: commercial; industrial; government and institutional; recreation; transportation, communication, and utilities.

(HH) "On-Site" means located within the property boundary described in the permit application for the land development activity.

(II) "Peak flow discharge rate" means the maximum rate at which a unit volume of storm water is discharged.

(JJ) "Performance Bond" means a bond which guarantees that the permit holder will perform to the terms of the agreement. The bond protects the City against loss due to the inability or refusal of the permit holder to perform to the conditions of the permit.

(KK) "Performance security" means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the City Engineer by the permit holder to assure that requirements of this section are carried out in compliance with the storm water management plan.

(LL) "Permit" means a written authorization made by the City Engineer to the applicant to conduct land development activities.

(MM) "Permit administration fee" means a sum of money paid to the City of Watertown by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

SUBDIVISION REGULATIONS 20.16 (4)(nn)

(NN) "Pervious surface" means a surface that infiltrates rainfall during a large portion of the design rainfall event. Well-managed lawns, fields and woodlands are examples of pervious surfaces.

(OO) "Post-construction storm water discharge" means any storm water discharged from a site following the completion of land disturbing construction activity and final site stabilization.

(PP) "Post-development condition" means the extent and distribution of land cover types anticipated to occur under conditions of full development that will influence rainfall runoff and infiltration.

(QQ) "Pre-development condition" means the extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.

(RR) "Pre-treatment" means the treatment of storm water prior to its discharge to the primary storm water treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary practice.

(SS) "Residential development" means that which is created to house people, including the residential dwellings as well as all attendant portions of the development including lawns, driveways, sidewalks, garages, and access streets. This type of development includes single family, multi-family, apartment, and trailer parks.

(TT) "Set of 1 year design storms" means the following rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12 and 24 hours that occur approximately once per year. (Note: the following are typical characteristics of these one-year storms for most of Wisconsin:

(UU) "Site" means the entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.

(VV) "Site restriction" means any physical characteristic which limits the use of a storm water best management practice as prescribed in the Wisconsin Construction Site Best Management Practice Handbook.

(WW) "Stop work order" means an order issued by the office of the City Engineer which requires that all construction activity on the site be stopped.

SUBDIVISION REGULATIONS 20.16 (4)(xx)

(XX) "Storm water management plan" means a document that identifies what actions will be taken to reduce storm water quantity and pollutant loads from post land development activity to levels meeting the performance standards of Section 12 of this section.

(YY) "Storm water runoff" means that portion of the precipitation falling during a rainfall event that runs off the surface of the land and into the natural or artificial conveyance or drainage network.

(ZZ) "Structural measure" means source area practices, conveyance measures, and end-of-pipe treatment that are designed to control storm water runoff pollutant loads, discharge volumes, and peak flow discharge rates.

(AAA) "Surety Bond" means a guaranty provided by a bonding company to pay the City for loss due to the inability or refusal of the permit holder to perform to the conditions of the permit.

(BBB) "Runoff" means the rainfall, snowmelt, or irrigation water flowing over the ground surface.

(CCC) "Wetland functional value" means the type, quality, and significance of ecological and cultural benefits provided by wetland resources, such as: flood storage,water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat, floral diversity, aesthetics, recreation, and education.

(DDD) "WPDES Storm Water Permit" means a permit issued by the Wisconsin Department of Natural Resources under s. 147.021 Wis. Stats. that authorizes the point source discharge of storm water to waters of the State.

All control measures required to comply with this section shall meet the design criteria, standards and specifications for the control measures based on Wisconsin Best Management Practices Handbook accepted design criteria, standards and specifications identified by the City Engineer.

All sedimentation basins and other control measures necessary to meet the requirements of this section shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.

(A) APPLICABILITY. This section applies to the following sites of land development or land disturbing activities:

(i) Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats.

(ii) Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.

SUBDIVISION REGULATIONS 20.16 (7)(a)(iii)

(iii) Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting A surface area of 4000 square feet or more;

(iv) Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material;

(v) Those involving street, highway, road, or bridge construction, enlargement, relocation or reconstruction;

(vi) Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.

(B) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The following requirements shall be met on all sites described in sub. (A).

(i) Site dewatering, Water pumped from the site that is not visually clear shall be treated by temporary sedimentation-basins, grit chambers, sand filters, up-flow chambers, hydro-cyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate. If the water is demonstrated to have no particles greater than 100 microns during dewatering operations, then no control is needed before discharge, except as determined by the City Engineer. Water may not be discharged in a manner that causes erosion of the site or receiving channels.

[Note: There are many ways to meet this particle size performance objective, depending on the pumping rate. As an example, if the pumping rate is very low (I gal/min), then an inclined or vertical enlarged pipe (about 8" in diameter for 1 gal/min) several feet long would be an adequate control device to restrict the discharge of 100 micron, and larger, particles. As the pumping rate increases, then the "device" must be enlarged. At a moderate (100 gal/min) pumping rate, a vertical section of corrugated steel pipe, or concrete pipe section, or other small "tank" (about 4 1/2 feet across for a 100 gal/min pumping rate) several feet tall would be adequate. With these pipe sections or small tanks, inlet baffles would be needed to minimize turbulence. With very large pumping rates (10,000 gal/min), sediment basins (about 35 feet in diameter for a pumping rate of 10,000 gal/min) at least three feet in depth with a simple (but adequately sized) pipe outlet would be needed. More sophisticated control devices (such as swirl concentrators or hydro-cyclones) could be specially fabricated that would generally be smaller than the simple sedimentation devices described above, but they would not be required.

The performance standard of 100 micron maximum particles in the dewatering water at the maximum pumping rate significantly reduces the liability of the contractor when compared to a standard of "no visible particulate matter." If a properly sized device is correctly used, based on the 100 micron particle size performance standard, then discharges of visible particulate matter would not constitute a violation. It is not possible to design a control device that would ensure "no visible particulate matter" discharges. This 100 micron standard is intended to significantly reduce sedimentation problems in downstream drainage systems and in the receiving waters that are caused by large particles. "Visible particulate matter" will probably still occur in water meeting this standard, as most turbidity effects are caused by very small particles that usually do not cause as severe of a sedimentation problem as larger particles. This 100 micron particle size performance standard was, therefore, selected to be easily met and enforced and to reduce sedimentation problems. A "no visible particulate matter" standard in contrast could not be met easily or cheaply, violations would frequently occur, and inspectors would have to make frequent site visits and require frequent control device changes. In addition, particle size measurements would not be required to prove compliance with the 100 micron performance standard. Only the proper use of a device designed to meet this particle size criteria is needed. However, if a contractor or site engineer feels that the dewatering water does not contain any particles larger than 100 microns, no control device would be needed if optional frequent particle size analyses confirm that fact. In most cases, the use of the simple control devices described previously would be less expensive and less bothersome than performing frequent particle size analyses.]

SUBDIVISION REGULATIONS 20.16 (7)(b)(ii)

(ii) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.

(iii) Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.

(iv) Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.

(v) Site erosion control. The following criteria (1. through 5) apply only to land development or land disturbing activities that result in runoff leaving the site.

(1) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in S.07(B)(v)(3)c. Sheetflow run-off from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff velocities of less than 0.5 ft/sec across the disturbed area for the set of one-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.

(Note: Soil Conservation Service guidelines for allowable velocities in different types of channels should be followed.)

(2) All activities on the site shall be conducted- in a logical sequence to minimize the area of bare soil exposed at any one time.

(3) Runoff from the entire disturbed area on the site shall be controlled by meeting either subpar. a. and b. or a. and c.

(a) All disturbed ground left inactive for 30 or more days shall be stabilized by seeding, sodding or by mulching or covering, or other equivalent control measure.

(b) For sites with more than 10 acres disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least I percent of the area draining to the basin and at least 3 feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of 3 feet. The basin shall be designed_to trap sediment greater than 15 microns in size, based on the set of 1-year design storms having durations from 0.5 to 24 hours. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

(c) For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.

(4) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. For stockpiles remaining for more than 30 days, they shall be stabilized by placing straw bales or filter fence barriers around the downstream side of the piles. Stockpiles greater than 1000 cubic yards shall also be stabilized by mulching, vegetative cover, tarps or other means.

SUBDIVISION REGULATIONS 20.16 (7)(v)(5)

(5) During in-street utility repairs, storm sewer inlets must be protected with straw bales or other appropriate filter barriers prior to the start of construction. Utility repair stockpiles, if exposed more than seven days, shall be covered with tarps or suitable alternative controls.

No landowner or land user may commence a land disturbance or land development activity subject to this section without receiving prior approval of a control plan for the site and a permit from the City of Watertown. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this section shall submit an application for a permit, and a control plan and pay an application fee to City of Watertown. By submitting an application, the applicant is authorizing the City of Watertown to enter the site to obtain information required for the review of the control plan.

(A) CONTENT OF CONTROL PLAN STATEMENT FOR LAND DISTURBING ACTIVITIES COVERING LESS THAN ONE ACRE, BUT MEETING THE APPLICABILITY REQUIREMENTS STATED IN S. 14(A).

An erosion control plan statement (with simple map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule) that will be used to meet the requirements of the section.

(B) CONTENT OF THE CONTROL PLAN FOR LAND DISTURBING ACTIVITIES COVERING MORE THAN ONE ACRE.

(i) Existing site map. A map of existing site conditions on a scale of at least 1 inch equals 100 feet showing the site and immediately adjacent areas:

(a) Site boundaries and adjacent lands which accurately identify site location;

(b) Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site.

(c) 100-year flood plains, flood fringes and floodways.

(d) Location of the predominant soil types;

(e) Vegetative cover;

(f) Location and dimensions of stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site;

(g) Locations and dimensions of utilities, structures, roads, highways, and paving; and

(h) Site topography at a contour interval not to exceed five feet.

(ii) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.

(iii) Site construction plan. A site construction plan including:

(a) Locations and dimensions of all proposed land disturbing activities;

SUBDIVISION REGULATIONS 20.16 (8)(b)(iii)(b)

(b) Locations and dimensions of all temporary soil or dirt stockpiles;

(c) Locations and dimensions of all construction site management control measures necessary to meet the requirements of this section;

(d) Schedule of anticipated starting and completion date of each land disturbing or land developing activity including the installation of construction site control measures needed to meet the requirements of this section; and

(e) Provisions for maintenance of the construction site control measures during construction.

(C) REVIEW OF CONTROL PLAN. Within 10 business days of receipt of the application, control plan, (or control plan statement) and fee, the City Engineer shall review the application and control plan to determine if the requirements of this section are met. The City Engineer may request comments from other departments or agencies. If the requirements of this section are met, the City Engineer shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the City Engineer shall inform the applicant in writing and may either require needed information or disapprove the plan. Within 10 business days of receipt of needed information, the City Engineer shall again determine if the plan meets the requirements of this section. If the plan is disapproved, the City Engineer shall inform the applicant in writing of the reasons for the disapproval.

(D) PERMITS.

(i) Duration. Permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The City Engineer may extend the period one or more times for up to an additional 180 days. The City Engineer may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this section.

(ii) Financial Guarantee. As a condition of approval and issuance of the permit, the City Engineer requires the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved control plan and any permit conditions. See Section 16 for specific conditions.

(iii) Permit conditions. All permits shall require the permittee to:

(a) Notify the City Engineer within three business days of commencing any land disturbing activity.

(b) Notify the completion of any control measures within three business days after their installation.

(c) Obtain permission in writing from the City Engineer prior to modifying the control plan.

(d) Install all control measures as identified in the approved control plan;

(e) Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan.

(f) Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities;

(g) Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs;

(h) Allow the City Engineer to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan; and

(i) Keep a copy of the control plan on the site.

SUBDIVISION REGULATIONS 20.16 (9)

The City Engineer shall inspect construction sites at least once a month during the period starting March 1 and ending October 31 and at least 2 times during the period starting November 1 and ending February 28 to ensure compliance with the control plan.

If land disturbing or land development activities are being carried out without a permit, the

City Engineer shall enter the land pursuant to the provisions of s. 66.122 and 66.123, Wis.

Stats.

POST DEVELOPMENT STORM WATER RUNOFF

(A) APPLICABILITY. This section applies to land development activities which meet the applicability criteria specified in this section. The section also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules.

(i) residential land development with a gross aggregate area of 5 acres or more;

(ii) residential land development with a gross aggregate area of at least 3 acres, but less than 5 acres, if there are at least 1.5 acres of impervious surfaces;

(iii) land development, other than a residential land development, with a gross aggregate area of 1.5 acres or more or any nonresidential land development which creates impervious area of 1.0 acres or more.

(iv) land development activities, regardless of size of the development, which in the opinion of the City Engineer is likely to result in storm water runoff which exceeds the safe capacity of the existing drainage facilities or receiving body of water, which causes undue channel erosion, which increases water pollution by scouring or the transportation of particulate matter or which endangers downs property or public safety.

(B) JURISDICTION. This section applies to land development and land disturbing activities within the boundaries of the City of Watertown, and that portion of the town of Emmet, Dodge County, Wisconsin, that is subject to the City's Plat Review Jurisdiction as set forth in Resolution Exhibit # 6152 and recorded on September 25, 1997, in Volume 937 on Page 86 as Document No.851436 in the Dodge County Office of the Register of Deeds.

(C) EXEMPTIONS. This section does not apply to the following activities:

(i) Land development activities conducted or contracted for by any state agency, as defined under s. 227.01(i) Wis. Stats., but also including the office of district attorney.

All best management practices required to comply with this section shall meet the design criteria, standards and specifications in the latest edition of the "Wisconsin Storm Water Manual" as published and amended from time-to-time by the State of Wisconsin Department of Natural Resources. Design criteria, standards and specifications for best management practices not contained in the 'Wisconsin Storm Water Manual" shall not be permitted unless approved by the City of Watertown.

SUBDIVISION REGULATIONS 20.16 (11)(a)

Unless prior authorization is given by the City Engineer, the following methods shall be used for making hydrologic calculations and for designing storm water management practices to meet the requirements of this section:

(A) All hydrologic and hydraulic design calculations required under this section shall be based on the principles of the document entitled "Urban Hydrology for Small Watersheds" (Technical Release 55) published by the Engineering Division, Soil Conservation Service, United States Department of Agriculture, June 1992, or other methods approved by the City of Watertown.

(A) STORM WATER DISCHARGE QUANTITY. Unless otherwise provided for in this section, all land development activities subject to this section shall establish on-site management practices to control the peak flow rates of storm water discharged from the site. Infiltration of storm water runoff from driveways, sidewalks, rooftops, and landscaped areas shall be incorporated to the maximum extent practical, as defined by the City Engineer, to provide volume control in addition to control of peak flows.

On-site management practices shall be used to meet the following minimum performance standards:

(i) The peak flow rates of storm water runoff from the development shall not exceed those calculated for the series of design storms specified in S.12(A)(ii) occurring under development conditions specified in S.12(A)(iii). Discharge velocities must be non-erosive to discharge locations, outfall channels, and receiving streams. Safe overland conveyance must be provided for discharges from the development.

(ii) At a minimum, the 2-, 10-, and 100-year rainfall events shall be used in comparing peak flow discharge rates for predevelopment and post-development conditions.

(iii) Pre-development conditions for land developing activities shall assume a "good" level of land management. When the Soil Conservation Service TR-55 Method is used to calculate peak flow discharge rates and runoff volumes for the predevelopment condition, SCS curve numbers shall not exceed the following for the given soil hydrologic groups. When other methods for computing runoff are used, they shall assume a comparable pre-development condition.

(iv) Significant negative changes to wetland functional values due to increased or decreased storm water runoff volumes should be avoided to the extent practical as defined by the City Engineer. Where such changes are proposed, the impact of the proposal on wetland functional values shall be assessed using a methodology acceptable to the City Engineer. Significant degradation to wetland functional values shall be avoided.

(B) STORM WATER DISCHARGE QUALITY. Unless otherwise provided for in this section, all land development activities subject to this section shall establish on-site management practices to control the quality of storm water discharged from the site. On-site management practices shall be used to meet the following minimum standard:

(i) Storm water treatment practices shall be designed to trap, filter, or otherwise prevent the release of particulate materials that are 5 microns or larger in size for the design event specified in S. 12(B)(ii).

SUBDIVISION REGULATIONS 20.16 (12)(b)(ii)

(ii) The 2-year, 24-hour rainfall event shall be used in designing storm water practices for purposes of reducing pollutant loadings and protecting physical stream habitat.

(iii) Discharge of urban storm water pollutants to natural wetlands which negatively change the wetland functional value should be avoided to the extent practical. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the City of Watertown. Significant degradation to wetland functional values shall be avoid.

(iv) Storm water discharges shall be pre-treated prior to infiltration to prolong the life of the infiltration practice and to prevent discharge of storm water pollutants at concentrations that will result in exceedances of groundwater preventive action limits or enforcement standards established by the Department of Natural Resources in NR 140 Wisconsin Administrative Code.

(v) Storm water ponds and infiltration devices shall not be located closer to water supply wells than indicated below without first notifying the City Engineer:

(a) 100 feet from a well serving a private water system or a transient, noncommunity public water system;

(b) 1,200 feet from a well serving a municipal public water system, a non-municipal public water system, or a non-transient non-community public water system;

(c) the boundary of a recharge area to a wellhead identified in a wellhead area protection plan.

(C) EXCEPTIONS. The requirements for on-site storm water management practices established in Sections S. 12(A,B) are not applicable in areas which are determined by the City Engineer to be covered by an approved storm water management plan which was developed and approved as an alternative storm water management planning approach to carrying out on-site measures consistent with the purpose and intent of this section. In such cases, the recommendations of the approved storm water management plan shall be applied either through the installation of storm water management provisions recommended to be included on the development site being considered and/or through the payment of a fee as set for in Section 12(D). These minimum requirements ma also be waived in whole or in part by the City Engineer upon. written request of the applicant, provided that at least one of the following conditions applies:

(i) Provisions are made to manage storm water by an off-site facility. This requires that the off-site facility is in place, is designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by application of the standards of this section.

(ii) The City Engineer finds that meeting the minimum on-site management requirements is infeasible due to space or site restrictions.

(D) FEE IN LIEU OF ON-SITE STORM WATER MANAGEMENT PRACTICES. Where the City Engineer waives all or part of the minimum on-site storm water management requirements under S. 12(c)(ii), or where the waiver is based on the provision of adequate storm water facilities provided by the City of Watertown downstream of the proposed development, the applicant, if applicable, may be required to pay a fee in an amount determined in negotiation with the City Engineer. In setting the fee for land development projects, the City Engineer shall consider an equitable distribution of the cost of land, engineering design, construction, and maintenance.

SUBDIVISION REGULATIONS 20.16 (12)(e)

(E) GENERAL CONSIDERATIONS FOR ON-SITE AND OFF-SITE STORM WATER MANAGEMENT MEASURES. The following considerations shall be observed in managing storm water runoff.

(i) Natural topography and land cover features such as natural swales, natural stream channels, flood plain, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.

(ii) Emergency overland flow for all storm water facilities shall be considered to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of due property or public safety.

(A) PERMIT REQUIRED. No land owner or land operator may undertake a land development activity subject to this section without receiving a permit from the City Engineer prior to commencing the proposed activity.

(B) PERMIT APPLICATION AND FEE. Unless specifically excluded by this section, any land owner or operator desiring a permit shall submit to the City Engineer a permit application made on a form provided by the City Engineer for that purpose.

(i) Unless otherwise excepted by this section, a permit application must be accompanied by the following in order that the permit application be considered by the City Engineer: a storm water management plan; a maintenance agreement; and a non-refundable permit administration fee.

(ii) The storm water management plan shall be prepared to meet the requirements of S.14 of this section, the maintenance agreement shall be prepared to meet the requirements of S. 15 of this section, and fees shall be those established by the City of Watertown as set forth in S. 17 of this section.

(C) REVIEW AND APPROVAL OF PERMIT APPLICATION. The City Engineer shall review . any permit application that is submitted with a storm water management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:

(i) Within 10 business days of the receipt of a complete permit application, including all documents as required by s. 13(B)(i), the City Engineer shall inform the applicant in writing whether the application, plan and maintenance agreement are approved or disapproved. The City Engineer shall base the decision on requirements set forth in s. 12, s. 13, and s. 14 of this section.

(ii) If the storm water permit application; plan; and maintenance agreement are approved, the City Engineer shall issue the permit.

(iii) If the storm water permit application; plan; or maintenance agreement are disapproved, the City of Watertown shall detail in writing of the reasons for disapproval.

(iv) If additional information is submitted, the City Engineer shall have 10 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.

(v) Failure by the City Engineer to inform the permit applicant of a decision within 15 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.

SUBDIVISION REGULATIONS 20.16 (13)(d)

(D) PERMIT CONDITIONS. All permits issued under this section shall be subject to the following conditions, and holders of permits issued under this section shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with S. 19 of this section.

(i) Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state, and local laws and regulations.

(ii) The permit holder shall design, install, and maintain all structural and nonstructural storm water management measures in accordance with the approved storm water management plan, maintenance agreement, and this permit.

(iii) The permit holder shall notify the City Engineer at least three (3) business days before commencing any work in conjunction with the storm water management plan, and within three (3) business days upon completion of the storm water management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.

(iv) Completed storm water management practices must pass a final inspection to determine if they are in accordance with the approved storm water management plan and ordinance. The administering authority shall notify the permit holder in writing of any changes required in such practices to bring them into compliance with the conditions of this permit. The practice installation required as part of this section shall be certified as built by a licensed professional engineer.

(v) The permit holder shall notify the City Engineer prior to any modifications he or she intends to make to an approved storm water management plan. The City Engineer may require that the proposed modifications be submitted for approval prior to incorporation into the storm water management plan and execution.

(vi) The permit holder shall maintain all storm water management practices specified in the approved storm water management plan until the practices either become the responsibility of the City of Watertown, or are transferred to subsequent private owners as specified in the approved maintenance agreement.

(vii) The permit holder authorizes the City Engineer to perform any work or operations necessary to bring storm water management measures into conformance with the approved storm water management plan, and to charging such costs against the performance bond posted for the project.

(viii) The permit holder shall provide a five-year guarantee on all facilities installed as part of the storm water plan.

(ix) If so directed by the City Engineer, the permit holder shall repair, at the permit holder's own expense, all damage to municipal facilities and drainageways caused by storm water runoff, where such damage is caused by activities that are not in compliance with the approved storm water management plan.

(x) The permit holder shall permit property access to the City Engineer for the purpose of inspecting the property for compliance with the approved storm water management plan and this permit.

(xi) Where a storm water management plan involves changes in direction, increases in peak rate and/or total volume of runoff off of a site, the City Engineer may require the permittee to make appropriate legal arrangements with adjacent property owners concerning the prevention of endangerment to downstream property or public safety.

(xii) The permit holder is subject to the enforceable actions detailed in S. 18 of the storm water management section if the permit holders fails to comply with the terms of this permit.

SUBDIVISION REGULATIONS 20.16 (13)(e)

(E) PERMIT DURATION. Permits issued under this section shall be valid from the date of issuance through the date the City Engineer provides written notice to the permit holder that all storm water management practices have passed the final inspection required under Permit Condition S 13(D)(iv).

(A) PLAN REQUIREMENTS. The storm water management plan required under this section shall contain any such information the City Engineer may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of storm water discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed storm water management measures in meeting the performance standards set forth in this section. Unless specified otherwise by this section, storm water management plans shall contain, at a minimum, the following information.

(i) Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of storm water management practices; person(s) responsible for maintenance of storm water management practices prior to the transfer, if any, of maintenance responsibility to another party.

(ii) A proper legal description of the property proposed to be developed referenced to the U.S. Public land Survey system or to block and lot numbers within a recorded land subdivision plat.

(iii) Pre-development site conditions, including:

(a) One or more site maps at a scale of not less than I inch equals 50 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a scale not to exceed two foot contour interval; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all storm water conveyance sections, including time of travel and time of concentration applicable to each; watershed boundaries used in determinations of peak flow discharge rates and discharge volumes from the site; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100 year flood plain; location of wells located within 1,200 feet of storm water detention ponds, infiltration basins, or infiltration trenches; delineation of wellhead protection areas delineated pursuant to NR 811.16 Wis. Admin. Code

(b) Computations of the peak flow discharge rates and discharge volumes from each discharge point in the development. At a minimum, computations must be made for the following storms: 2-, 10-, and 100year. All major assumptions used in developing input parameters shall be clearly stated. The areas used in making the calculations shall be clearly cross-referenced to the required map(s).

(iv) Post-development site conditions, including:

(a) Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and natural wetlands.

(b) Explanation of any restrictions on storm water management measures in the development area imposed by wetland protection plans and ordinances.

SUBDIVISION REGULATIONS 20.16 (14)(a)(iv)(c)

(c) One or more site maps at a scale of not less than 1 inch equals 50 feetshowing: revised pervious land use including vegetative cover type and condition; impervious land use including all buildings, structures, and pavement; revised topographic contours of the site at a scale not to exceed two feet; revised drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all storm water conveyance sections, including time of travel and time of concentration applicable to each; location and type of all storm water management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in determinations of peak flow discharge rates and discharge volumes; any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.

(d) Computations of the peak flow discharge rates and discharge volumes from each discharge point in the development including analysis of the safe capacity of downstream drainage conveyance systems. At a minimum, computations must be made for the following storms: 2-, 10-, and 100-year. All major assumptions used in developing input parameters. shall be clearly stated. The areas used in making the. calculations shall be clearly cross-referenced to the required map(S)-

(e) Detailed investigations of soils and groundwater required for the placement and design of storm water management measures.

(f) Results of impact assessments on wetland functional values.

(g) Design computations and all applicable assumptions for storm water conveyance (open channel, closed pipe) and storm water treatment practices (sedimentation type, filtrations, infiltration-type) as needed to show that practices are appropriately sized and capable of meeting the discharge performance standards of this section.

(h) Detailed drawings including cross-sections and profiles of all permanent storm water conveyance and treatment practices.

(v) A storm water plan construction schedule.

(vi) A maintenance plan developed for the life of each storm water management practice including the required maintenance activities and maintenance activity schedule.

(vii) Cost estimates for the construction, operation, and maintenance of each storm water management practice.

(viii) Other information as needed by the City Engineer to determine compliance of the proposed storm water management measures with the provisions of this section.

(B) EXCEPTIONS. The City Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site storm water management performance standards under S.12(c) of this section.

(A) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required for storm water management practices under S. 14 of this section shall be an agreement between the City Engineer and the permittee. The agreement or recordable document shall be recorded with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the storm water management practices.

SUBDIVISION REGULATIONS 20.16 (15)(b)

(B) AGREEMENT PROVISIONS. The maintenance agreement shall contain the following provisions:

(i) Identification of the landowner(s), organization or municipality responsible for maintenance of the storm water management practices.

(ii) The landowner(s), organization or municipality shall maintain storm water management practices in accordance with the storm water practice maintenance provisions contained in the approved stormwater management plan submitted under S. 14 of this section.

(iii) The City Engineer is authorized to access the property to conduct inspections of storm water practices as necessary to ascertain that the practices are being maintained and operated in accordance with the approved storm water management plan.

(iv) A schedule for regular maintenance of each aspect of the property's storm water management system.

(v) That if the City Engineer notifies the party designated under the maintenance agreement of maintenance problems which require correction, the specified corrective actions shall be taken within a reasonable time frame as set by the City Engineer.

(vi) The City Engineer is authorized to perform the corrected actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The City Engineer shall assess the landowner for the cost of such work and shall place a lien on the property which may be collected as ordinary taxes by the City of Watertown.

(vii) Identification of the storm water facilities, design components and designation of the drainage area served by the facilities.

16. FINANCIAL GUARANTEE. The City Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the City Engineer. The financial guarantee shall be in an amount determined by the City Engineer to be the estimated cost of construction and the estimated cost of maintenance during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the City Engineer the authorization to use the funds to complete the project if the landowner defaults or does not properly implement the approved storm water management plan.

Conditions for the release of the financial guarantee are as follows:

(A) The financial guarantee shall be released in full or part as the components of the approved storm water management plan are completed and the practice installation has been certified as built by a licensed professional engineer.

(B) The financial guarantee minus any costs incurred by the City of Watertown to conduct required maintenance, shall be released at such time that the responsibility for practice maintenance is passed on to another private entity, via an approved maintenance agreement, or to the City of Watertown.

The fees referred to in other sections of this section shall be established by the Common Council and may from time to time be modified by resolution. A schedule of the fees shall be available for review in the office of the City Engineer and Clerk.

SUBDIVISION REGULATIONS 20.16 (18)

A. Any land development activity initiated after the effective date of this section by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with said provisions.

B. The City Engineer shall notify the responsible owner or operator by certified mail of any non-complying land development activity. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.

C. Upon receipt of written notification from the City Engineer, the permit holder shall correct work which does not comply with the storm water management plan or other provisions of this permit. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer in the notice.

D. If the violations to this section are likely to result in damage to adjacent properties, the City Engineer may enter the land and take emergency actions necessary to prevent damage to adjacent properties. The costs incurred by the City Engineer plus interest and legal costs shall be billed to the owner of title of the property.

E. The City Engineer is authorized to post a stop work order on all land development activity in violation of this section, or to request the City attorney to obtain a cease and desist order from a court of competent jurisdiction.

F. The City Engineer may revoke a permit issued under this section for non-compliance with ordinance provisions.

G. Any permit revocation or stop work order shall remain in effect unless retracted in writing by the City Engineer.

H. Any cease and desist order shall remain in effect unless retracted by a court of competent jurisdiction.

I. The City Engineer is authorized to refer any violation of this section, or of a stop work order or cease and desist order issued pursuant to this section, to the-City Attorney for the commencement of further legal proceedings.

J. Any person, firm, association, or corporation issued a written notice under s. 18(B) who does not comply with the provisions of this section shall be subject to a court ordered forfeiture of not less than 100 dollars nor more than 100 dollars per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

K. Every violation of this section is a public nuisance. Compliance with this section may be enforced by injunctional order at the suit of the City of Watertown pursuant to s. 62.23(8) Wis. Stats. It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.

L. When the City Engineer determines that the holder of a permit issued pursuant to this section has failed to follow practices set forth in the Storm Water Management Plan submitted and approved pursuant to S.08 of this section, or has failed to comply with schedules set forth in said Storm Water Management Plan, and has received a written notice under s. 18(B), the City Engineer or a party designated by the City Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The City Engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any performance or maintenance bond posted pursuant to s. 16 of this section. Where such a bond has not been established, or where such a bond is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.

SUBDIVISION REGULATIONS 20.16 (19)

A. ADMINISTRATIVE APPEALS BOARD. The Administrative Appeals Board created under Chapter 24 of the City of Watertown zoning ordinance pursuant to s. 62.23(7)(e) Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering this section. The Board shall also use the rules, procedures. duties, and powers authorized by statute in hearing and deciding appeals.

Upon appeal, the Board may authorize variances to the stormwater management plan and from the provisions of this section which are not contrary to the public, interest and the intent of this section, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.

(i) WHO MAY APPEAL. Appeals to the Board of Administrative Appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Watertown affected by any decision of the City Engineer.

If any section, clause, provision or portion of this section is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain in force and not be affected by such judgment.

This section shall be in force and effect from and after its adoption and publication.