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Ashland City Zoning Code

PART 9

Land Divisions And Improvements

9.1 General Provisions Of Land Divisions

  1. Intent. This Part of this Ordinance is intended to regulate the division of land within the incorporated area of the City of Ashland for the following purposes:
    1. Provide for division of land in a manner that is consistent with the goals, objectives, and policies of the adopted Comprehensive Plan of the City of Ashland and that considers the economic, social, and environmental aspects of the division of land;
    2. Promote sensitive use, development, conservation, and protection of natural resources in the City to achieve a balance between development and the sustaining natural resource base;
    3. Avoid the harmful effects of premature division of land;
    4. Promote the public, health, safety, and general welfare;
    5. Lessen congestions in the streets and highways;
    6. Further the orderly layout and use of land;
    7. Provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems;
    8. Prevent the overcrowding of land;
    9. Facilitate adequate and economical provisions for water, sewerage, and other public requirements;
    10. Provide for proper ingress and egress;
    11. Promote proper monumenting of subdivided land;
    12. Encourage conveyance by accurate legal description;
    13. Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;
    14. Further the maintenance of safe and healthful water conditions; and
    15. Prevent flood damage to persons and property, and minimize expenditures for flood relief and flood control projects.
  2. Authority and Jurisdiction. The provisions this Ordinance are adopted under the authority granted by Section 236.45 of the Wisconsin Statutes, relating to the subdivision of land. This Ordinance shall regulate the division of land within the incorporated area of the City of Ashland.
  3. Types of Land Divisions. The provisions of this Ordinance shall apply to the following types of land division in the City of Ashland:
    1. Subdivision plat. Any division of land may be surveyed and a plat thereof approved and recorded pursuant to the provisions of this Ordinance and Chapter 236 of the Wisconsin Statutes. However, a platted subdivision shall be required for any land division that creates five (5) or more parcels one and one-half (1-1/2) acres or less in area, by division or by successive divisions of any part of the original property within a period of five (5) years.
    2. Certified survey map. In lieu of a subdivision plat, any division of land that creates four (4) or less parcels or building sites, inclusive of the original remnant parcel, by division or successive divisions of any part of the original property within a period of five (5) years, shall be surveyed and a certified survey map of such division approved and recorded pursuant to the provisions of this Ordinance and Chapter 236 of the Wisconsin Statutes.
    3. Condominium plat. Any land divisions that creates condominiums having one or more principal structures on any parcel shall be regulated pursuant to this Ordinance and Section 703.11 of the Wisconsin Statutes relating to condominiums.
    4. Replats. Any replatting of a recorded subdivision, or part thereof, so as to vacate or alter areas within a plat dedicated to the public, or to change the boundaries of a recorded subdivision, shall be regulated pursuant to this Ordinance.
  4. Exclusions. The provisions of this Ordinance shall not apply to the following:
    1. Transfers of interest in land by will or pursuant to court order;
    2. Cemetery plats under Section 157.07 of the Wisconsin Statutes;
    3. Upon approval from the Zoning Administrator or Designated Authorized Agent, the sale or exchange of parcels of land between owners of adjoining property if additional parcels are not thereby created and the parcels resulting are not reduced below the minimum sizes required by this Section or other applicable laws or ordinances;
    4. Lands subdivided (prior to September 17, 1985) into residential or commercial lots where the existing size is less than 20,000 square feet.
    5. Assessors’ plats made under Section 70.27 of the Wisconsin Statutes, but such assessors’ plats shall comply with Sections 236.15(1)(a)-(g) and 236.20(1), (2)(a)-(c) of the Wisconsin Statutes.
  5. Compliance. No person, firm, or corporation shall divide any land within the City of Ashland that results in a subdivision plat, certified survey map, condominium plat, or replat, and no such action shall be entitled to record without compliance with the following:
    1. The City’s Comprehensive Plan;
    2. All applicable provisions of this Ordinance;
    3. The provisions of Chapter 236 of the Wisconsin Statutes relating to subdivisions;
    4. The provisions of Chapter 703 of the Wisconsin Statutes relating to condominium plats;
    5. The rules of the Wisconsin Department of Safety and Professional Services regulating lot size and lot elevation necessary for proper sanitary conditions if any lot or unit is not served by public sewer and provisions for such service have not been made;
    6. The rules of the Wisconsin Department of Transportation relating to the provisions for the safety of entrance upon and departure from state trunk highways or connecting highways and for the preservation of public interest and investment in such highways;
    7. The rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution, and regulating development within floodplain, wetland, and shoreland areas; and
    8. All other applicable ordinances.
  6. Land Suitability. No land shall be divided which is held unsuitable for such use by the Plan Commission or Common Council upon recommendation of the Public Works Director or other Authorized Agent, for reasons of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents or occupants of the proposed land division or the City, or poses an imminent harm to the environment.
  7. Ownership and Maintenance of Common Areas and Common Facilities. Land divisions that create common areas and common facilities, such as those created in a conservation subdivision or a condominium development, shall comply with the following provisions relating to ownership and maintenance of common areas and common facilities.
    1. Alternatives. Common areas or facilities within a land division or condominium may be owned and maintained by one or more of the following:
      1. A homeowners association;
      2. A condominium association established in accordance with the Condominium Ownership Act, Chapter 703 of the Wisconsin Statutes;
      3. A nonprofit conservation organization;
      4. The City of Ashland or another governmental body empowered to hold an interest in real property; and/or
      5. An individual who will use the land for open space purposes as provided by the conservation easement.
    2. Homeowners association. A homeowners association shall be established if the common area is proposed to be owned by a homeowners association. Membership in the association is mandatory for all purchasers of land in the development and their successors. The homeowners association bylaws, guaranteeing continuing maintenance of the common area and other common facilities, and the declaration of covenants, conditions, and restrictions of the homeowners association shall be submitted to the City of Ashland as part of the information required for the preliminary plat. The homeowners association bylaws or the declaration of covenants, conditions, and restrictions of the homeowners association shall contain the following information:
      1. The legal description of the common land;
      2. A description of common facilities;
      3. The restrictions placed upon the use and enjoyment of the lands or facilities;
      4. Persons or entities entitled to enforce the restrictions;
      5. A mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes, and insurance premiums;
      6. A mechanism for resolving disputes among the owners or association members;
      7. The conditions and timing of the transfer of ownership and control of land facilities to the association; and
      8. Any other matter the developer deems appropriate.
    3. Condominium association. If the common areas and facilities are to be held under the Condominium Ownership Act, Chapter 703 of the Wisconsin Statutes, then the condominium instruments shall identify the restrictions placed upon the use and enjoyment of the common areas. All common areas shall be held as a “common element” as defined in Section 703.01(2) of the Wisconsin Statutes.
    4. Nonprofit conservation organization. If the common area is to be held by a nonprofit conservation organization, the organization must be approved by the City of Ashland pursuant to the procedures for preliminary plat approval. The conveyance to the nonprofit conservation organization must contain appropriate provisions for reversion in the event that the organization becomes unwilling or unable to uphold the terms of the conveyance.
    5. Public dedication of common areas and streets.
      1. Common areas. The City of Ashland may accept the dedication of fee title or dedication of conservation easement to the common area provided the following conditions are met:
        1. The common area is accessible to the residents of the City of Ashland;
        2. The City of Ashland agrees to and has access to maintain the common area.
      2. Streets. Streets or other public ways that have been designated by the City of Ashland’s Common Council and/or designated on a duly adopted official plan shall be dedicated or reserved by the subdivider to the City of Ashland. The street or public way shall be made a part of the plat in the locations and dimensions indicated in any applicable adopted plan of the City of Ashland and as set forth in this Ordinance. Private streets may be allowed pursuant to Section 9.3 B.: Private Streets.
    6. Individual ownership. An individual may hold fee title to the land while a nonprofit or other qualified organization holds a conservation easement for the common area.
    7. Maintenance plan. Every conservation subdivision must include a plan that provides evidence of a means to properly manage the common area in perpetuity and evidence of a long term means to properly manage and maintain all common facilities, including any storm water facilities. The maintenance plan shall be approved in conjunction and following preliminary plat approval procedures.
      1. Requirements. The maintenance plan shall accomplish the following:
        1. Designate the ownership of the common area in accordance with this Section;
        2. Establish necessary, regular, and periodic operation and maintenance responsibilities;
        3. Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an ongoing basis;
        4. Include a land stewardship plan specifically focusing on the long term management of common areas. The land stewardship plan shall include a narrative describing existing conditions; the proposed end state and the measure proposed for achieving the end state; proposed restoration measures; and the operations needed for maintaining the stability of resources. The applicant may be required to place in escrow sufficient funds for the maintenance and operation costs of common facilities for a maximum of one year.
      2. Failure to maintain. In the event the organization established to own and maintain the common areas and common facilities, or any successor organization, fails to maintain all or any portion of the common areas or common facilities in reasonable order and condition in accordance with the maintenance plan and applicable laws, rules, and regulations, the City of Ashland may serve written notice upon such organization and upon the residents and owners of the common areas and common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the specified corrections shall be made. Upon failure to comply within the specified time, the organization, or any successor organization, shall be considered in violation of this Ordinance, in which case the bond, if any, may be forfeited, and any permits may be revoked and suspended.
      3. Corrective actions. The City of Ashland may enter the property and take corrective actions. The costs of corrective actions by the City of Ashland shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The City of Ashland, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.
      4. Amendments. Management plans can be amended by the owner pursuant to the provisions of this Section with the approval of the Common Council.
  8. General Improvements. Before the applicable authority approves a land division, the owner or owner’s agent shall provide the required improvements at his or her expense, shall give bond in an amount equal to the estimate of the City Engineer or other Authorized Agent, or make other financial arrangements acceptable to the Common Council to cover the costs of the following:
    1. Grading. Streets shall be graded to secure proper drainage and to prevent the collection of storm water pools.
    2. Surface water drainage. Surface water drainage shall be provided by storm sewers or drainage courses adequate to protect roadway surfaces.
    3. Sanitation. When located within the surface area of a public sanitary sewerage system, sanitary sewers shall be constructed throughout the entire land division in such a manner as to serve adequately all parcels with connection to such public system and in conformance with all applicable regulations. Storm water drainage shall not be permitted to combine with sanitary sewers nor shall sanitary sewerage be permitted in storm water sewers.
    4. Placing of monuments. The subdivider shall install monuments placed in accordance with Chapter 236 of the Wisconsin Statutes or as may be required by the Public Works Director or other Authorized Agent.
  9. Development Agreement. Before or as a condition of receiving any final approval from the Common Council of any final plat, certified survey map, or condominium plat for which public improvements are required by this Ordinance, or for which public improvements, dedications, or fees are being deferred under this Ordinance, or for which phasing approval is being granted under this Ordinance, the subdivider shall sign and file a development agreement with the Common Council. The development agreement shall be in a form approved by the City Attorney and shall be approved by the Common Council prior to the approval of the final plat or condominium plat.
  10. Dedication and Reservation of Land. The Plan Commission or other applicable approval authority may require that suitable sites in a proposed land division be dedicated or reserved for future public uses, including but not limited to, parks, playgrounds, public buildings, open space, and areas of significant natural resources that would benefit by dedication of the land to the public.

9.2 General Procedures And Required Information

  1. General. This Section specifies general procedures and required information relating to the division of land in the City of Ashland. Refer to Part 3: Applications, Reviews, and Approval Procedures for additional information.
  2. Pre-Application Meeting for Land Divisions.
    1. Applicability. Prior to submitting an application for a land division, an applicant is strongly encouraged to request a pre-application meeting with the Zoning Administrator, Public Works Director, or other Designated Authorized Agent, and the Plan Commission, pursuant to Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting allows the applicant the opportunity to receive general feedback as to how the proposed land division is (or is not) in compliance with this Ordinance. The meeting also allows the owner to receive general information about the types and details of improvements that are required to be installed by and at the owner’s expense.
    2. Required information. The applicant shall submit the following information on a sketch plan that is prepared to a scale of not more than one (1) inch equals one hundred (100) feet. The sketch plan shall include the following information:
      1. The approximate boundaries of the of land division, proposed street and parcel design, numbers and approximate sizes of parcels and streets, as well as any areas proposed to be dedicated to the public other than streets.
      2. Existing site conditions, including, but not limited to, waterways, wetlands, areas of flooding, rock outcrops, adverse slopes, and other conditions that might affect the design or safety of the land division.
      3. The locations where filling, grading, dredging, or lagooning will or are likely to occur.
      4. The size and location of any land owned or controlled by the owner of the proposed subdivision, which is contiguous with the proposed land division, even though it is not included in the proposed land division.
      5. Indication of the relationship of the proposed land division to existing highways, streets, utilities, and similar features together with distances and direction to the nearest water and sewer lines.
  3. Preliminary Plat.
    1. Applicability. A preliminary plat shall be prepared for all land divisions that meet the criteria specified in Section 9.1, C., 1: Subdivision Plat.
    2. Required information to be shown on the preliminary plat. A preliminary plat shall be prepared based on a survey by a Wisconsin registered land surveyor. The preliminary plat shall be prepared at a scale of not more than one (1) inch equals one hundred (100) feet and shall include the following information, except as may be waived by the Zoning Administrator, Public Works Director, or other Designated Authorized Agent:
      1. General information.
        1. Proposed name of the subdivision and location by section, township, and legal description.
        2. Name and address of the owner, subdivider, or agent and surveyor.
        3. Location map.
        4. Date, graphic scale, and north arrow.
      2. Existing conditions.
        1. The location and names of existing adjacent subdivisions, parks, and cemeteries, and owners of record of abutting property that has not been platted.
        2. Existing zoning on and adjacent to the proposed subdivision.
        3. Location, size, and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes, the location of utility holes, catch basins, hydrants, power and telephone poles, and the location and size of any existing water and gas mains within the exterior boundaries of the proposed plat and/or immediately adjacent to the proposed plat. The nearest such sewer or water mains that might be extended to serve such lands shall be indicated by their direction and distance from the nearest exterior boundary of the proposed plat and their size and invert elevations.
        4. Type, width, and elevation of existing street pavement within the proposed plat and/or immediately adjacent thereto, together with any legally established centerline elevation.
        5. Location, right-of-way width, and names of all existing streets, alleys, or other public ways, easements, railroad and utility right-of-ways, and all U.S. Public Land Survey section and quarter section lines within the boundaries of the proposed plat and/or immediately adjacent thereto.
        6. Location, delineated extent, and elevations of all lakes, ponds, streams, flowages, wetlands, and floodplains.
        7. Existing topographic contours.
        8. Existing natural and physical features including structures, driveways, rock outcrops, land cover, vegetation, and similar features that may affect the subdivision.
      3. Proposed conditions.
        1. All required setbacks including building setbacks, wetland buffers, and similar required setbacks.
        2. Exact length and bearing of the boundaries of the proposed subdivision.
        3. Location, width, and names of all proposed streets and public right-of-ways, such as alleys and easements.
        4. Street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested by the Zoning Administrator, Public Works Director, or other Authorized Agent.
        5. Dimensions and size of each lot together with proposed lot and block numbers.
        6. Location, dimensions, and size of all sites to be reserved or dedicated for parks, playgrounds, drainage ways, or other public uses.
        7. Site plan and dimensions of all proposed pedestrian walkways and bicycle routes.
    3. Additional required information.
      1. Narrative. A narrative shall be submitted with the preliminary plat that describes the existing zoning and any zoning changes that are contemplated. However, the indication of such information shall not constitute an application for rezoning. The narrative shall also describe the proposed use of the parcels, the type of buildings, the number of dwelling units per parcel, the proposed density, and any other information that would assist the Plan Commission in making a decision on the preliminary plat request.
      2. Testing. Testing as required by the Public Works Director or other Authorized Agent to ascertain subsurface soil, rock, water, and other pertinent conditions affecting the subdivision.
      3. Other related plans. Other related plans as required by this Ordinance or the Plan Commission, including, but not limited to an erosion control plan, storm water management plan, a market analysis plan, or any other plan as may be required to adequately review the proposed subdivision.
      4. Declaration of covenants and easements. The City Attorney shall review all draft declaration of deed restrictions and protective covenants, conservation easements, and homeowner’s associations, and shall approve said instruments as to form.
      5. Staged development plan. Whenever a portion of a tract of land is proposed for subdividing and the balance of the tract is of a size that would allow future subdivision, the Plan Commission may require a tentative plan for such future subdivision.
  4. Final Plat.
    1. Applicability. Final plat approval shall be required within six (6) months of the last required approval of the preliminary plat.
    2. Required information. The final plat shall comply in all respects with the requirements of The affidavits and certificates required by Section 236.21 of the Wisconsin Statutes shall be lettered or printed legibly with black durable ink on the final plat. Additional information may be required as requested by the Zoning Administrator, Public Works Director (or other Designated Authorized Agent), the Plan Commission, or the Common Council in order to adequately review the final plat.
    3. Recording the final plat. The final plat shall be recorded as provided in Section 236.25 of the Wisconsin Statutes.
  5. Certified Survey Map.
    1. Applicability. A certified survey map may be prepared in lieu of a platted subdivision for land divisions that meet the criteria specified in Section 9.1, C., 2: Certified Survey Map.
    2. Review and approval authorities. If the proposed certified survey map does not involve dedications to the public, the certified survey map may, at the discretion of the Zoning Administrator or other Designated Authorized Agent, be reviewed and approved administratively pursuant to Section 3.39: Certified Survey Map without Public Dedication. If the proposed certified survey map involves dedication to the public, it shall be reviewed and approved following similar procedures relating to plat review and approval.
    3. Required information. A certified survey may be submitted to the Zoning Administrator or other Designated Authorized Agent pursuant to the certified survey map application procedures described in Section 3.39: Certified Survey Map without Public Dedication. In addition to the information required by Section 236.34 of the Wisconsin Statutes, the certified survey map shall include the following information:
      1. Date, graphic scale, and north arrow.
      2. Name and address of the owner, subdivider, and land surveyor preparing the certified survey map.
      3. All existing structures, together with an identification of the type of structure; the distances of such structures from existing and proposed property lines, wells, watercourses, and drainage ditches; and existing property boundary lines in the area adjacent to the exterior boundaries of the proposed certified survey map and within one hundred (100) feet thereof. The proposed use of the existing structures to be retained shall be noted. All wells within the exterior boundaries of the proposed certified survey map, and within fifty (50) feet of the exterior boundaries of the map, shall be shown.
      4. Location, approximate dimensions, and area of any sites to be reserved or dedicated for parks, playgrounds, drainage ways, open space, or other public use.
      5. Location and names of adjoining streets, highways, subdivisions, parks, cemeteries, public lands, and watercourses, including impoundments. The owners of record abutting unplatted lands shall also be shown.
      6. The lengths and bearing of the centerline of all streets shall be given to the nearest 0.01 foot and the bearings to the nearest one second of arc. The arc, chord, and radius lengths, and the chord bearing, together with the bearing of the radii of the ends of the arcs and chords, shall be given for all curved lines.
      7. Street width along the line of any obliquely intersecting street line shall be given to the nearest 0.01 foot.
      8. Active and abandoned railroad right-of-ways within and abutting exterior boundaries of the proposed certified survey map, and the right-of-way of existing and proposed trails, sidewalks, and bicycle paths.
      9. Easements for any public sanitary sewers, water supply mains, storm water management facilities, drainage ways, or access ways.
    4. Additional information that may be required. The Zoning Administrator or other Authorized Agent may require that the following additional information be provided when necessary for the proper review and consideration of the proposed land division:
      1. Topographic features including existing and proposed contours.
      2. Soil types as shown on existing soil survey maps.
      3. The square footage and elevation of the first floor of all buildings proposed to remain on the site.
      4. The results of any required soil borings.
      5. Other information as required by the Zoning Administrator, Public Works Director, or other Designated Authorized Agent.
  6. Condominium Plats. A condominium plat prepared by a land surveyor registered in Wisconsin is required for all condominium plats or any amendments or expansions thereof. Such plat shall comply in all respects with the requirements of Section 703.11 of the Wisconsin Statutes, and shall be reviewed and approved or denied in the same manner as a subdivision plat as set forth in this Ordinance for preliminary and final plats. A condominium plat shall comply with the design standards, improvements, and all other requirements of this Ordinance that would otherwise apply to subdivision plats.
  7. Replats. When it is proposed to replat a recorded subdivision, or part thereof, so as to vacate or alter areas within a plat dedicated to the public, or to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in If the replat is proposing to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall follow the procedures for preliminary and final plat as specified in this Ordinance.

9.3 Infrastructure Design Standards

  1. Streets.
    1. Street layout to comply with Official Map and/or adopted plans. In any new subdivision, certified survey map, or condominium, the street layout shall generally conform to the arrangement, width, and location indicated on the adopted City of Ashland Official Map, the adopted City of Ashland Comprehensive Plan, or any other adopted plans of any applicable jurisdiction relating to streets in Ashland.
    2. Street layout in areas with no Official Map or adopted plans. In areas where no Official Map or other applicable plans have been adopted related to streets, the street design and layout shall recognize the functional classification of the various types of streets as specified in this Ordinance, shall be designed consistent with Table 9.3.A: General Street Design and Layout Standards (except as allowed otherwise pursuant to Section 9.3, A., 3.), and shall be developed and located in proper relation to the following:
      1. Existing and proposed streets;
      2. The topography;
      3. Natural features, such as bodies of water and woodlands;
      4. Public convenience and safety;
      5. The proposed use of land to be served by such streets; and
      6. The most advantageous development of adjoining areas.

        Street TypeMinimum Right-of-Way
        		Minimum Pavement Width
        		Minimum Radius of Curvature
        		Maximum Grade
        Arterial
        		120 feet
        		36 feet
        		300 feet
        		6 percent
        Collector80 feet
        		36 feet
        		200 feet
        		6 percent
        Local60 feet
        		26 feet where no parking is allowed
        36 feet where parking on both sides         		100 feet
        		12 percent
        Marginal Access
        		50 feet
        		26 feet100 feet
        		12 percent
        Rural Residential
        		66 feet
        		24 feet with six-foot wide crushed aggregate shoulders


        Rural Ag/Undeveloped
        		80 feet
        		30 feet wide crushed aggregate


        Alley20 feet
        		10 feet100 feet
        		12 percent
        Pedestrian Way
        		10 feet
        		5 feet

        Multi Use Trail
        		20 feet
        		8 feet

        Note: Data in Table 9.3.A is to be updated by the typical cross-sections developed by the City of Ashland’s Department of Public Works and the Engineering Department.
    3. Alternative street design and layout standards.
      1. Intent. It is the first and foremost intent of this Section to ensure that streets function safely and properly. However, in certain situations, the standards specified in Table 9.3.A: General Street Design and Layout Standards may require greater right-of-way and pavement width than necessary. Therefore, it is also the intent of this Ordinance to allow flexibility in the design and layout of streets so as to use land efficiently, reduce construction and maintenance costs, reduce storm water runoff, and reduce the impact of streets on natural features.
      2. Applicability. Alternative street and design and layout standards may be incorporated into planned unit developments (PUDs), conservation subdivisions, and traditional neighborhood design developments, without a variance, upon review by the Plan Commission and approval by the Common Council.
    4. Functional classification. Consistent with the Wisconsin Department of Transportation (WisDOT), the street classifications specified in this Ordinance are based on the function they are intended to perform. In general, street layout shall be consistent with the following:
      1. Arterial streets. Arterial streets, as hereafter defined, shall be arranged so as to move relatively large volumes of traffic on reasonably direct routes to activity centers in the city, such as centers of employment, centers of governmental activity, and regional shopping areas. They shall also be properly integrated with regional and state highways.
      2. Collector streets. Collector streets, as hereafter defined, shall be arranged to provide ready collection from neighborhoods or locally defined areas, and conveyance of this traffic to arterial streets or highways. Collector streets shall be properly related to the public transportation system, to special generators of traffic, such as schools, religious institutions, retail centers, and high density residential areas, and to the arterial streets and highways to which they connect.
      3. Local streets. Local streets shall encourage interconnections with other local streets, but shall also discourage larger volumes of through traffic generally associated with collector and arterial streets.
      4. Alleys. Alleys provide secondary access to residential properties and shall be encouraged where streets are relatively narrow with limited on-street parking. Alleys also provide delivery and service access or alternate parking access to non-residential properties.
    5. Relation to topography and natural resources. Streets shall be logically related to and respectful of the topography and natural resources, while also allowing for the development of usable parcels.
    6. Access. Access shall be given to all parcels within a subdivision and, where applicable, to adjacent lands, unless existing conditions make such a connection unfeasible.
    7. Reserve strips. Reserve strips, which intentionally prevent access to a public street from abutting property, shall not be provided as part of any land division to control access to streets or alleys.
    8. Half streets or partial streets. Half streets or partial streets shall not be permitted, except where essential to reasonable subdivisions of land in conformance with all other provisions of this Ordinance and where satisfactory assurance for dedication of the remaining part of the street can be secured. Wherever land to be divided borders an existing half street or partial street, the land to be divided shall provide the other half of the street.
    9. Inadequate width of existing streets. Where a proposed land division abuts or contains an existing street of inadequate width or right-of-way, sufficient additional width shall be provided pursuant to the street width and right-of-way requirements of this Ordinance. Except that extension of existing streets with lesser width or right-of-way than required by this Ordinance shall be permitted if a variance is granted pursuant to the variance procedures of this Ordinance.
    10. Additional street width or right-of-way width. Additional street width and/or right-of-way beyond that required by this Ordinance shall be required whenever public safety, convenience, or special conditions (such as parking in the public right-of-way) require it.
    11. Street intersections.
      1. Angle of intersection. Street centerline intersections shall be at right angles or at as near to right angles as practical. No intersection shall be at an angle of less than sixty (60) degrees.
      2. Continuous alignment of streets at intersections. Street shall not necessarily continue across perpendicular streets. A tee intersection is permissible. However, where the centerline of a street intersection is less than one hundred twenty-five (125) feet from the centerline of another street intersection, the streets shall be adjusted to the maximum extent possible, to provide a continuous alignment that avoids a jog.
      3. Minimum distance between intersections on arterial streets. The number of intersections along arterial streets and highways shall be kept to a minimum. Wherever practical, the distance between intersections on arterial streets and highways shall be at least twelve hundred (1,200) feet.
    12. Street names. The naming of streets shall follow the City of Ashland’s “Policy for Naming Public Improvements.”
    13. Access restriction to arterial streets or highways. Whenever a proposed land division contains or is adjacent to an arterial street or highway, access to said parcels shall, to the maximum extent practical, be by a frontage road or adjacent collector or local street.
    14. Cul-de-sac streets.
      1. Length. Cul-de-sac streets, permanently designed as such, shall not exceed eight hundred (800) feet in length, unless a variance is granted pursuant to the procedures specified in this Ordinance. A variance shall only be granted if it is found to be consistent with all the required criteria for approval and if it is clearly found that by unreasonable land form, or irregular shape of the plat, that a normal street pattern cannot be established, or that an unreasonable amount of wasted land would occur unless the variance is granted. Consideration of a variance from the maximum allowable length of a cul-de-sac should consider the need for efficient adequate public safety, emergency access, snow plow maneuverability and service vehicle access.
      2. Radius of turn-around. Cul-de-sac streets shall terminate in a circular turn-around having a minimum radius to the outside edge of the finished street or curb line of not less than fifty (50) feet.
      3. Potential future extension. Unless future extension is impractical or undesirable, the turn-around right-of-way shall terminate at the property line of the development in such a way as to permit future extension of the street into an adjoining tract. At such time as such street is extended, the overage created by the turn-around outside the boundaries of the extended street shall revert in ownership to the property owners fronting on the temporary turn-around.
    15. Bicycle lanes. Where shown on the official map or a plan adopted by the City of Ashland, or where required by the Plan Commission and Common Council, streets shall incorporate designated bicycle lanes.
    16. Where conflicts occur between this ordinance and City of Ashland Ordinance 612, the street design standards in Ordinance 612 shall govern.
  2. Private Streets.
    1. Private streets serving new development containing three (3) or more parcels and a single common developer where the new development and private street originate from the public right-of-way, may be allowed when approved by the Plan Commission and Common Council, provided that the following conditions are met:
      1. The private street shall be approved through a conditional use permit, planned unit development plan, or subdivision plan pursuant to the provisions of this Ordinance.
      2. Ownership and maintenance of said street shall be the responsibility of the property or homeowner’s association.
      3. An easement shall be granted to the City of Ashland that allows the City to use the private street and rights-of-way for any reasonable public purpose, including but not limited to travel by emergency vehicles and installation of public utilities and conveniences.
      4. New private streets that originate from graveled public streets shall be constructed to the minimum standard shown in Figure 9.3 B-1b: Private Road Section (Gravel).
      5. New private streets that originate from a paved or concrete public street shall be constructed to the minimum standard shown in Figure 9.3 B-1a: Private Road Section (Asphalt).
      6. The Plan Commission and Common Council may require that the entire street be brought up to a higher standard by the developer whenever the potential exists for additional development off the private street.
      7. A private street that serves five (5) or more building sites shall be designated as a public street and shall be required to comply with the construction standards specified in City of Ashland Ordinance 612.
      8. Private streets shall not connect two (2) or more existing public streets or public rights-of-way, unless authorized by the Public Works Director or Designated Authorized Agent and the Plan Commission.
      9. Should the abutting property owners request that the City take ownership and maintenance of a private street, said street shall be constructed by the abutting property owners to meet or exceed City standards for a public street as specified in City of Ashland Ordinance 612. The City may, at their option and through mutual agreement with the abutting property owners, assess abutting property owners for any improvements or decline to assume any ownership or liability of such street.
      10. No person shall sell any parcel of land abutting a private street unless the property deed states that the street is not a public street and is not required to be maintained by the City of Ashland.
      11. Upon approval of a private street, the Council resolution shall be recorded at the Ashland County Register of Deeds.
      12. If necessary, the private street may be required to include some means of turnaround for emergency and service vehicles – for example, a hammerhead.
      13. The City shall not assume responsibility for any liabilities resulting from the private street.
    2. Use of existing private streets (created prior to the adoption date of this Ordinance) intended to serve new development of a single parcel or multiple parcels located along or at the end of the existing private street may be allowed when approved by the Plan Commission and Common Council, provided that the following conditions are met:
      1. The private street shall be approved through a conditional use permit, a planned unit development plan, or subdivision plan pursuant to the provisions of this Ordinance.
      2. Ownership and maintenance of said street shall continue to be the sole responsibility of the property owners abutting the private street, or a homeowner’s association of abutting property owners.
      3. Proof of legal access and/or an easement, to the new development site, on the existing private street, shall be provided by the developer to the City, and shall be recorded with the Register of Deeds.
      4. Any private street that is extended shall meet or exceed the construction standards for private streets as shown in Figure 9.3 B-1b: Private Road Section (Gravel) and Figure 9.3 B-1a: Private Road Section (Asphalt). The Plan Commission and the Common Council may, through this permitting process, allow the private street to be constructed to an average width and cross section of the private street section lying between the public right-of-way and the proposed private street extension. The Plan Commission and the Common Council may require that the entire private street be brought up to a higher standard by the developer whenever the potential exists for additional development of the private street.
      5. Private streets shall not connect two (2) or more existing public streets or street rights-of-way, unless authorized by the Public Works Director or Designated Authorized Agent and Plan Commission.
      6. Should the abutting property owners request that the City take ownership and maintenance of a private street, said street shall be constructed, by the abutting property owners, to meet or exceed City standard for a public street cross-section pursuant to City of Ashland Ordinance 612. The City may, at their option and through mutual agreement with the abutting property owners, assess abutting property owners for any improvements or decline to assume any ownership or liability for such street.
      7. No person shall sell any parcel of land abutting a private street unless the property deed states that the street is not a public street and is not required to be maintained by the City of Ashland.
      8. If necessary, the private street may be required to include some means of a turnaround for emergency and service vehicles – for example, a hammerhead.
      9. The City shall not assume responsibility for any liabilities from the private street.
    3. Private street permit fee. The City may charge a permit fee to recuperate costs associated with the review of the proposed construction specifications of the private street and with the inspection of the street construction. The fee shall be charged as specified in the City’s fees schedule.
  3. Blocks. The widths, lengths, and shapes of blocks that are created shall be suited to the planned use of the land, zoning requirements, the need for convenient access, control and safety of traffic, and the constraints of the natural environment. In addition, the design and layout of blocks shall comply with the following standards:
    1. Block length. The length of blocks in residential areas shall not be less than three hundred (300) feet nor more than fifteen hundred (1,500) feet in length unless specified otherwise in this Ordinance or dictated by topography, natural resource features, or other limiting factors of good design. In no case shall a block be longer than fifteen hundred (1,500) feet unless approved in writing by the Police Chief, Fire Chief and Public Works Director or their Designated Authorized Agent.
    2. Block width. The width of blocks shall be wide enough to provide for two (2) tiers of parcels of appropriate depth except where otherwise required to separate residential development from through traffic or where blocks abut railroads, bodies of water, or other limiting features. Width of parcels reserved or laid out for non-residential use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions for such use.
    3. Pedestrian way at the center of blocks. Pedestrian ways (easement of dedicated public right-of-way) of not less than ten (10) feet in width may be required near the center and entirely across the width of any block over eight hundred (800) feet in length if deemed essential by the Plan Commission or Common Council.
  4. Pedestrian, Bicycle, and Multi-Use Trail Circulation Layout. General criteria for requiring sidewalks (pedestrian ways). The Common Council, in consultation with the Plan Commission, the Public Works Director, the Zoning Administrator, and other Authorized Agents, shall determine if sidewalks (pedestrian ways) shall be provided and, if so, where they should be provided. Placement shall be consistent with all City ordinances, including Ordinance 530, and all sidewalk plans approved by the Common Council.
  5. Parcels. The size, shape, and orientation of parcels shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The parcels should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the building contemplated. In addition, the design and layout of parcels shall comply with the following standards:
    1. Parcel lines. Parcel lines shall not cross municipal boundaries. Where possible, side parcel lines shall be perpendicular to the public right-of-way and tangent at a parcel corner or a curved street.
    2. Through parcels or double frontage parcels. Through parcels or double frontage parcels shall be prohibited except where otherwise required to separate residential development from through traffic or where blocks abut railroads, bodies of water, or other limiting features.
    3. Required frontage on a public street. All parcels shall front on a public street, except when the Plan Commission deems that the subdivision would be better served by a private street. In such case, a private street shall be consistent with the private street provisions of this Section.
    4. Minimum frontage on a street. No parcel shall have a frontage on a street of less than thirty-five (35) feet as measured at the right-of-way line, and in the case of a cul-de-sac, measured along the length of the arc of the right-of-way line.
    5. Area and dimensional requirements of parcels. Areas and dimensions of all parcels shall conform to the zoning district requirements as specified in this Ordinance. In addition, parcels not served by public sanitary sewer and/or water shall be of sufficient area to permit onsite sewer and/or water in a manner consistent with all state and local laws and regulations.
    6. Parcel depth. Parcels shall have sufficient depth to allow reasonable development that is consistent with this Ordinance. The preferred ratio of parcel depth to width for most parcels is approximately two to one (2:1).
    7. Parcel width. The width of parcels shall comply with the parcel requirements of the applicable zoning district. Parcel width shall be measured at the required front building setback line.
    8. Corner parcels. Corner parcels shall have extra width (beyond the minimum width required by the zoning district) to allow reasonable development that complies with the setback requirements from all streets and that complies with all other applicable ordinances.
    9. Potential future subdivision of large parcels. The City may require that large parcels be laid out in such a manner as to allow for their future subdivision if so desired. To this extent, the City may require additional footage or other dimensional requirements so as not to preclude future subdivision.
    10. Land remnants. All land remnants that do not comply with the area and dimensional requirements of this Ordinance shall be avoided. If this requirement cannot be met, the remnants shall be platted as outlots that may be combined with adjacent lots or parcels in the future.
    11. Flag lots. The creation of flag lots as defined by this Ordinance shall be prohibited in the City of Ashland.
  6. Easements. The Plan Commission or applicable approval authority shall require drainage and utility easements at rear and side parcel lines and at other locations as deemed necessary. Easements shall be no less than ten (10) feet in width and may be split evenly along common property lines.