Onalaska City Zoning Code
CHAPTER 04
Subdivision Standards
13.04.11 Compliance.
A.
No person shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, land division or a replat as defined herein; no such subdivision, land division, minor land division or replat shall be entitled to record; and no street shall be laid out or improvements made to land without compliance with all requirements of this Title and the following:
1.
The provisions of Chapter 236 and Chapter 83, Wis. Stats., as may be amended.
2.
The rules of the Division of Health, Wisconsin Department of Safety and Professional Services, contained in Wis. Adm. Code Chapter 385, as may be amended, for subdivisions not served by public sewer.
3.
The rules of the Division of Highways, Wisconsin Department of Transportation contained in Wis. Adm. Code Chapter Trans 233, as may be amended, for subdivisions, which abut a state trunk highway or connecting street.
4.
The rules of the Wisconsin Department of Natural Resources contained in the Wis. Adm. Code for floodplain and stormwater management, as may be amended.
5.
Comprehensive Plans, park system plans, outdoor recreation plans or similar such plans prepared by state, regional, county or municipal agencies duly adopted by the Common Council.
6.
All applicable local and county regulations, including zoning, sanitary, building and official mapping ordinances.
7.
All applicable regulations and standards established in the Public Works, Public Utilities, and Parks and Recreation Titles of this Code of Ordinances.
8.
All applicable rules contained in the Wis. Adm. Code not listed in this subsection.
13.04.12 Jurisdiction.
A.
Jurisdiction of these regulations shall include all lands within the corporate limits of the City of Onalaska.
B.
Plats and Certified Survey Maps within the extraterritorial plat approval jurisdiction of the City are subject to this chapter pursuant to § 236.45(3), Wis. Stats., as may be amended.
C.
The provisions of this chapter, as they apply to divisions of tracts of land into less than five parcels, shall not apply to:
1.
Transfers of interests in land by will or pursuant to court order; or
2.
Leases for a term not to exceed 10 years, mortgages or easements.
13.04.13 Certified survey.
A.
Any division of land other than a subdivision as defined in § 236.02(12), Wis. Stats., as may be amended, shall be surveyed and a Certified Survey Map prepared as provided in § 236.34, Wis. Stats., as may be amended.
13.04.21 Land suitability.
A.
Suitability. No land shall be subdivided for residential, commercial or industrial use which is held unsuitable for such use by the Plan Commission for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community. The Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability if they so desire. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability.
B.
Existing flora. The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, possibly including the preservation of trees by well islands or retaining walls whenever abutting grades are altered, pursuant to a landscaping plan filed by the subdivider.
13.04.22 Highway access.
A.
No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps).
B.
Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above-specified streets or highways.
C.
Temporary access to the above rights-of-way may be granted by the City Engineer after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.
13.04.23 Blocks.
A.
Length; arrangement. The lengths, widths and shapes of blocks shall be appropriate for the topography and the type of development contemplated, but block length in residential areas shall not exceed 1,200 feet nor have less than sufficient width to provide for two tiers of lots of appropriate depth between street lines. As a general rule, blocks shall not be less than 500 feet in length. Blocks shall be so designated as to provide two tiers of lots, unless it adjoins a railroad, major thoroughfare, river or park, where it may have a single tier of lots.
B.
Pedestrian pathways. Pedestrian pathway easements not less than 10 feet wide may be required by the Plan Commission through the center of a block more than 900 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, employment, transportation and other community facilities.
13.04.24 Lots.
A.
Lot design standards.
1.
Size.
a.
The size, shape and orientation of lots shall be appropriate for the location of topography of the subdivision, the type of sewerage or septic system to be utilized, and for the type of development contemplated, provided that no lot shall be smaller in area than the minimum lot size for the appropriate zone as established by this Title.
b.
Lot dimensions, shape and size shall provide for conformance to the requirements of this Title for the permitted land use(s) without the need for the granting of variances by the Board of Zoning Appeals.
2.
Commercial lots. Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by this Title.
3.
Access to public streets. Every lot shall front or abut on a public street in a manner that meets the standards specified in Section 13.02.24.
4.
Side lots. Side lot lines shall be substantially at right angles to or radial to abutting street lines. Lot lines shall follow City boundary lines.
5.
Double- and reversed-frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.
6.
Natural features. In the subdividing of any land, regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development.
7.
Land remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots.
8.
Large lots. In case a tract is divided and results in parcels of more than twice the minimum lot size provided for by this Title for the zoning district in which the land is located, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with this Title.
9.
Trunk highway proximity.
a.
All lots adjacent to state trunk and federal highways shall be platted with additional depth necessary to provide for a building setback line not less than 50 feet from the nearest right-of-way line or 110 feet from the center line, whichever is more restrictive (Ref. Wis. Adm. Code Ch. Trans 233). The subdivider may appeal this requirement to the City Engineer. Upon written request of the City Engineer, the Wisconsin Department of Transportation is hereby authorized to then determine building setback requirements equal to or less than those required above in all land divisions (including certified surveys) adjacent to state and federal highways in accordance with the authority granted in the Wis. Adm. Code. The required building setback line and additional lot depth shall be platted so as to accommodate such required building setbacks.
b.
When lots within the proposed subdivision back upon the right-of-way of an existing or proposed limited-access highway or a railroad, a planting strip of at least 30 feet in depth shall be provided adjacent to the highway or railroad within the aforementioned fifty-foot building setback. This strip shall be part of the platted lots but shall have the following restriction stated on the face of the plat: "This strip reserved for the planting of trees and shrubs, the building of structures her on prohibited."
10.
Easement allowance. Lots containing pedestrian or drainage easements may be platted to include additional width in allowance for the easement.
11.
In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
13.04.25 Partition fences.
A.
When the land included in a subdivision plat or certified map abuts upon or is adjacent to land used for farming or grazing purposes, the subdivider shall erect, keep, and maintain partition fences, satisfying the requirements of the Wis. Stats. for a legal and sufficient fence, between such land and the adjacent land. A covenant binding the developer, its grantees, heirs, successors, and assigns to erect and maintain such fences, without cost to the adjoining property owners, so long as the land is used for farming or grazing purposes, shall be included upon the face of the final plat or Certified Survey Map.
13.04.26 Sidewalks/multi-modal paths.
A.
The subdivider shall construct a sidewalk on one side of all frontage streets and both sides of all arterial and collector streets within the subdivision. The Plan Commission may require the construction of sidewalks on local streets to promote pedestrian accessibility within 500 feet of all residences. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the City Engineer.
B.
Wider-than-standard sidewalks may be required by the Plan Commission in the vicinity of schools, commercial areas and other places of public assemblage; and the Plan Commission may require the construction of sidewalks in locations other than required under the preceding provisions of this section if such walks are necessary, in their opinion, for safe and adequate pedestrian circulation.
C.
All sidewalks shall be installed prior to the issuance of an occupancy permit for any lot within a subdivision; but in no event, not later than one year from acceptance of the final plat. If the sidewalk is not installed within one year from the acceptance of the final plat, the City may order the sidewalk installed.
D.
Multi-modal paths, where required, shall be eight feet wide minimum, bituminous paving meeting City standards/requirements for subbase construction and pavement.
13.04.31 General requirements.
A.
In accordance with the authority granted by § 236.13, Wis. Stats., as may be amended, the Common Council of the City of Onalaska hereby requires that, as a condition of final plat or Certified Survey Map approval, the subdivider agrees to make and install all public improvements required by this or other Titles of the Code of Ordinances, or the subdivider shall provide the City with security to ensure that the subdivider will make the required improvements. As a further condition of approval, the Common Council hereby requires that the subdivider be responsible for the cost of any necessary alterations of any existing utilities, which, by virtue of the platting or Certified Survey Map, fall within the public right-of-way.
B.
Special requirements for nonresidential subdivisions may be imposed by the Common Council, upon the recommendation of the City Engineer, with respect to the installation of public utilities, including water, sewer and stormwater drainage.
C.
As a condition for the acceptance of dedication of public rights-of-way, the City requires that the public ways have been previously provided with all necessary facilities constructed to City specifications, including, but not limited to, sewerage, storm drainage, water mains and services, grading and improvement of the streets and other public ways, sidewalks, streetlighting, traffic control and such other facilities required by the Common Council or that a specific portion of the costs be paid in advance as provided in § 66.0709(2), Wis. Stats., as may be amended:
1.
The required public improvements shall be installed by the subdivider at their cost; or
2.
The subdivider may petition the City for the installation of the required improvements by City contract. The petition must be received by the City prior to September 1 of the year preceding the required installation so that the petition may be considered for inclusion in the City Capital Improvements Project budget. If the Common Council elects to install the petitioned improvements, it shall establish special assessments for the recovery of the costs. The special assessments due from the subdivider for the portion of the petitioned improvements necessary to serve the proposed land division shall be due to the City, together with interest, within six months of the date of City acceptance of the improvements.
D.
Required improvements shall be installed in accordance with the engineering standards and specifications which have been adopted by the Common Council. Where standards and specifications have not been adopted, the improvements shall be made in accordance with good engineering practices, approved prior to the start of construction by the City Engineer. When new or revised standards and/or specifications have been adopted by the City, work on public improvements not begun within one year of the date of final plat adoption shall be made to the new or revised standards and/or specifications. The City Engineer shall review and approve the construction plans, specifications and calculations for the construction of the required public improvements.
E.
Project manager. The subdivider shall designate a project manager who shall be readily available on the project site during the construction of the required public improvements. The project manager shall be granted authority on behalf of the subdivider to make decisions related to the construction of the required public improvements as they may arise during the course of the construction. The project manager shall also be responsible for the scheduling and coordination of the required work to construct the required improvements. Correspondence with or verbal orders to the designated project manager shall have the same authority as with the subdivider directly.
13.04.32 Other utilities.
A.
The subdivider shall cause gas, electric power, cable television and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision, certified survey or land division. All new electrical distribution television cables and telephone lines from which lots are individually served shall be underground unless the Plan Commission specifically allows overhead poles for the following reasons: topography, soil, water table, solid rock, boulders, or other physical conditions would make underground installation unreasonable or impractical; or,
B.
The lots to be served by said facilities can be served directly from existing overhead facilities.
C.
Plans indicating the proposed location of all gas, electrical power, cable television and telephone distribution and transmission lines required to service the plat shall be approved by the City Engineer.
13.04.41 Requirement; design.
A.
Dedication requirement. In order that adequate open spaces and sites for public uses may be properly located and reserved and in order that the cost of providing public areas, such as but not limited to parks, recreation areas and public schools, may be equitably apportioned on the basis of additional need created by the subdivision development, each applicant shall be required to dedicate land or fees in lieu of land for park or other public uses.
B.
General design. In the design of a subdivision, land division, planned unit development or development project, provision shall be made for suitable sites of adequate area for schools, parks, playgrounds, open spaces, drainage ways and other public purposes. Such sites are to be shown on the preliminary plat and final plat, and shall comply with the Comprehensive Plan or component of said Plan. Consideration shall be given to the preservation of scenic and historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses, watersheds, ravines and woodlands, prairie and wetlands, and plant and animal communities.
13.04.42 Land dedication.
A.
Dedication calculation.
1.
Whenever a proposed playground, park or public recreation area designated in the Comprehensive Plan, Comprehensive Plan Component or on the Official Map is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be made part of the plat and shall be dedicated to the public by the applicant at the rate of one acre for each 40 proposed dwelling units, but said dedication shall not be less than two acres.
2.
If no playground, park or other public recreation area has been proposed as of the date of the application of an applicant, the City may condition approval of the final plat or Certified Survey Map on the dedication of land for public facilities, so long as said dedication is rationally related to a need for the land dedication, easement, or other public improvement resulting from the subdivision.
B.
Unknown number of dwelling units. Where the plat does not specify the number of dwelling units to be constructed, the land dedication shall be based upon the maximum number of units permitted by Chapter 02, Zoning Districts, and this chapter.
C.
Deeded to the City. Land dedicated for public purposes shall be deeded to the City at the time the final plat is approved.
D.
Access to dedicated land. All dedicated land shall have frontage on a public street and shall have unrestricted public access.
E.
Utility extensions. The applicant shall install or provide for installation of water and sanitary sewer lines to the property line of all dedicated land, where such services are to be provided to the adjacent properties.
F.
Reservation of additional land.
1.
When public parks and sites for other public areas as shown on the Comprehensive Plan or Comprehensive Plan component lie within the proposed area for development and are greater in area than required for dedication, the applicant shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year after final plat approval unless extended by mutual agreement.
13.04.43 Development of park area.
A.
When parklands are dedicated, the applicant is required to:
1.
Properly grade and contour for proper drainage;
2.
Provide surface contour suitable for anticipated use of area; and
3.
Cover areas to be seeded with a minimum of six inches of quality topsoil, seed as specified by the City Engineer, fertilized with 16-6-6 at a rate of seven pounds per 1,000 square feet, and mulched. The topsoil furnished for the park site shall consist of the natural loam, silt loam, silty clay loam or clay loam humus bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one year following issuance of the first building permit within that land division unless otherwise authorized by the City Engineer. The improved area shall not be deemed officially accepted until a uniform grass cover to a two-inch height has been established. It shall be the responsibility of the applicant to maintain the area until the City accepts the dedication.
4.
The dedicator and developer of parkland shall be responsible for the cost and installation of all public sidewalks abutting dedicated parkland.
B.
A neighborhood park area shall be provided by the applicant with a standard residential water service unless located directly adjacent to a fire hydrant. A community park area shall be provided by the developer with a minimum six-inch water service or at least one fire hydrant, and at least one four-inch sanitary sewer lateral, all located at the street property line. The Common Council may require certification of compliance by applicable City staff. The cost of such report shall be paid by the applicant.
C.
Development of parklands is to be completed as soon as 20% of the planned lots in the subdivision are sold or developed, as determined by the Common Council.
D.
If the applicant fails to satisfy the requirements of this section, the Common Council may contract said completion and bill such costs to the applicant, following written notice to the applicant of noncompliance. Failure to pay such costs may result in the immediate withholding of all building permits until such costs are paid.
13.04.44 Park development fees.
A.
Introduction and purpose. Pursuant to the authority of § 236.45, Wis. Stats., the local development fees enabling legislation, the purpose of this section is to establish the mechanism for the imposition of park development fees to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public park facilities which are necessary to accommodate future growth and land development. This section is intended to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public park facilities within the City of Onalaska and its service areas, as they are required to serve the needs arising out of land development.
B.
Park development fee revenue administration.
1.
Revenues from park development fees shall be placed in one or more segregated, interest-bearing accounts and shall be accounted for separately from other City general and utility funds. Park development fee revenues and interest earned thereon may be expended only for capital costs for which the impact fees were imposed.
2.
Park development fee revenues imposed and collected, but not used, shall be refunded on a prorated proportional basis, as determined by the Common Council, to the current record owner or owners of the property with respect to which the development fees were imposed.
C.
Use of park development fees. Funds collected from park development fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities for parks that become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project.
D.
Payment of park development fees.
1.
All required park development fees are hereby imposed on all developments, redevelopments, rezoning and land divisions within the City of Onalaska or any development subarea thereof. Park development fees shall be calculated at the time of plat, zoning approval, or the annexation of undeveloped properties.
2.
In the case of all undeveloped property, fees shall be paid within 14 days of the issuance of the first building or occupancy permit.
3.
Annexations.
a.
Any property or parcel of undeveloped land annexed by the City of Onalaska is subject to the payment of park development fees under the conditions set forth in this section. Undeveloped properties annexed are benefited by the availability of City parks.
4.
If any portion of the park development fees are not timely paid, all building and occupancy permits shall be suspended until such time as the park development fees are paid in full.
E.
Appeals.
1.
The developer or property owner upon whom a park development fee is imposed may contest the amount, collection or use of a development fee as specified herein. An appeal to contest the amount, collection or use of a development fee may be commenced within 30 days of application for a rezoning, subdivisions or a building permit. An appeal to contest the use of a development fee shall be commenced not later than 30 days prior to the award of any public contract for expenditure of the fee revenues.
2.
It shall be a condition precedent to the commencement of such an appeal that the park development fee from which the developer or property owner appeals shall be paid as and when the fee becomes due and payable, and upon default in making any such payment, such appeal may be dismissed.
3.
The appellant shall pay the required filing fee set forth in the City's fee schedule at the time of filing of the appeal.
4.
An appeal is commenced by filing a written complaint with the City Clerk. The complaint shall specify the impact fee amount or collection objected to and the basis for the objection. The appeal shall be scheduled for a public hearing before the Plan Commission at a regular meeting. The Plan Commission shall take evidence and testimony on the matter, including reports from City staff and consultants, and shall make its recommendation to the Common Council based upon the standards set forth in § 66.0617, Wis. Stats.
5.
The Common Council shall consider the appeal, review the record made before the Plan Commission and the recommendation of the Planning Commission and decide the appeal, based upon the standards for impact fees in § 66.0617, Wis. Stats. If the Common Council determines that the appeal has merit, it shall determine appropriate remedies. The remedies may include: reallocation of the proceeds of the challenged impact fee to accomplish the purposes for which the fee was collected, refunding the development fee in full or in part; whether interest collected by the City thereon shall be returned; granting the appellant the opportunity to make the development fee payments in installments; or such other remedies as it deems appropriate by the City in a particular case. The decision of the Common Council is final.
F.
Fees.
1.
Residential = $922.21 per unit.
2.
Commercial = $638.47 per acre.
a.
Low-cost housing. As provided by § 66.0617(7), Wis. Stats., the Common Council may, on a case-by-case basis, provide for an exemption from or a reduction in the amount of the park development fees. However, no amount of park fees may be shifted to any other development in the land development in which the low-cost housing is located or to any other land development in the City.
G.
Park development fees when land is dedicated.
1.
The basis for the imposition of park development fees in conjunction with land dedication is the facilities needs assessment report and its attachments, "Parks Needs Assessment," which is on file in the office of the City Clerk.
2.
The park development fees are based on a number of anticipated service units to determine impact on the City's Park System. A residential unit is assumed to be equivalent to an average residential household with 2.6 people per household as provided in the Comprehensive Plan. The service unit assessment utilizes a park needs ratio to determine the fee based on national standards for parkland per capita.
3.
The property owner/developer shall be charged a park development fee when dedicating land.
4.
The park development fee shall be payable by the property owner or developer prior to issuance of a building permit.