The purpose of this article is to promote the public health, safety and general welfare of the Village of Pewaukee. These regulations are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to ensure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds and other public requirements; to facilitate the further resubdivision of larger tracts of land into smaller parcels of land. These regulations are made with reasonable consideration, among other things, to the character of the village with a view of conserving the value of the buildings placed upon land, providing the best possible environment for human habitation and for encouraging the most appropriate use of land throughout the village.

(Ord. No. 99-5, § 17.16(1), 5-4-1999)

(a)

Any division of land within the Village of Pewaukee shall be surveyed and a plat approved and recorded pursuant to this chapter and Wis. Stats. ch. 236, where:

(1)

The act of division creates five or more parcels or, building sites of 1½ acres each or less in area; or

(2)

Five or more parcels or building sites of 1½ acres each or less in area are created by successive divisions within a period of five years.

(b)

Any declaration of condominium or amended declaration for expansion purposes, affecting property within the village shall be reviewed and the condominium plat approved and recorded pursuant to the provisions of this chapter and Wis. Stats. ch. 703.

(c)

Any division or combination of land other than a subdivision or condominium within the village shall be surveyed and a certified survey map of such division approved and recorded as required by this chapter.

(d)

No parcel of land may be divided where public sanitary sewer is unavailable or where soil conditions preclude the installation of approved private (i.e., on-site) sewage disposal systems unless the divided parcels are deed restricted to uses which do not require a private (i.e., on-site) sewage disposal facility. A holding tank may only be installed to replace an existing or failing mound or septic system, or as the only reasonable alternative for serving an existing platted lot, or for land divisions supporting business development upon a finding by the village that a public sanitary sewer is not reasonably available.

(Ord. No. 99-5, § 17.16(2), 5-4-1999)

The Village of Pewaukee administrator, or his designee, is designated to administer and enforce this article and as such is assigned the following duties:

(1)

Advise engineers, subdividers, land dividers and the public regarding standards and general provisions of this article.

(2)

Review all plats as to compliance with the requirements of this article, good subdivision and condominium design criteria and the provisions of the official master plan.

(3)

Act as advisor, technical administrator and coordinator to the planning commission regarding plat review and approval.

(4)

Notify the plan commission, village board and village attorney whenever the provisions of this article are violated and advise them to withhold necessary approval of proposed land divisions, condominiums and subdivisions pending such compliance.

(5)

In accordance with Wis. Stats. ch. 236, transmit the required copies of preliminary and final subdivision plats to the appropriate Waukesha County and State of Wisconsin agencies.

(Ord. No. 99-5, § 17.16(3), 5-4-1999)

(a)

Pre-application consultation. Prior to the filing of an application for the approval of a preliminary plat, the subdivider should consult with the Village of Pewaukee's staff in order to obtain their advice and assistance. This consultation is neither formal nor mandatory, but is intended to inform the subdivider of the purpose and objectives of these regulations, the master plan and to otherwise assist the subdivider in planning their development. In so doing, both the subdivider and staff may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The subdivider will therefore gain a better understanding of the subsequent required procedures.

(b)

Concept approval. The subdivider shall submit ten copies of the proposed concept plan. Concept approval shall not be viewed or construed as a vested right in the development but, rather, a general indication that the proposed development conceptually complies with this chapter and the master plan and that the planning commission is willing to review and act upon the more detailed plans for the proposed development. A concept plan shall be based upon a survey by a registered land surveyor and prepared at a map scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

(1)

Title or name under which the proposed subdivision is to be recorded. Such title shall not be the same or similar to a previously approved and recorded plat, unless it is an addition to a previously recorded plat and is so stated on the plat.

(2)

Property location of the proposed subdivision by address or adjacent address, government lot, quarter section, township, range, county and state.

(3)

General location sketch showing the location of the subdivision within the U.S. Public Land Survey section.

(4)

Date, graphic scale and north arrow.

(5)

Names and addresses of the owner, subdivider and land surveyor preparing the plat.

(6)

Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat even though only a portion of such area is proposed for immediate development. The planning commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this article and severe hardship would result from strict application thereof.

(7)

Dimensions of proposed lot lines.

(8)

Area of proposed lots.

(9)

Footprint of buildable area of each lot.

(10)

General illustration of existing and proposed landscaping.

(11)

Identification of existing and proposed streams, ponds, lakes, wetland and floodplains.

(12)

Existing zoning on and adjacent to the proposed subdivision.

(13)

Distance from proposed driveway to existing driveway openings either adjacent to, or across the street from, the proposed site.

(14)

Designation of existing zoning district classification on adjacent and opposite fronting properties.

(c)

Development agreement recommendation and approval.

(1)

Following concept approval, village staff shall prepare a draft development agreement which specifies the physical improvements and fees which the developer is required to install and pay, respectively. The development agreement should not be viewed or construed as a vested right in the development but, rather, an agreement between the village and developer regarding the engineering and construction requirements of the proposed development.

(2)

The draft development agreement shall be submitted to the planning commission for recommendation. The planning commission shall, within 45 days of reviewing the development agreement, recommend approval, recommend disapproval or recommend conditional approval of the development agreement to the village board.

(3)

Following planning commission recommendation the village board shall, within 45 days of receiving the development agreement, resolve to approve, reject or conditionally approve the development agreement.

(4)

The village engineer may require the submittal of preliminary plans and profiles for proposed water, storm and sanitary sewer systems, streets, grading and drainage prior to the preparation of the development agreement and submittal of the preliminary plat. Additionally, the village engineer may require the submittal of traffic and environmental analysis if deemed appropriate.

(5)

If the developer fails to commence construction within six months of development agreement approval, then the development agreement shall become null and void.

(d)

Preliminary plat approval.

(1)

The developer shall prepare a preliminary plat in accordance with Wis. Stats. ch. 236 and the requirements listed in subsection (d)(5) of this section. Following, or concurrent with, development agreement processing and within 90 days of receiving the plat, the planning commission shall approve, reject or conditionally approve the preliminary plat. Failure of the planning commission to act within 90 days shall constitute an approval of the plat as filed unless the review period is extended by mutual consent.

(2)

If the final plat conforms substantially to the preliminary plat as approved, including any conditions of that approval, it is entitled to approval. If the final plat is not submitted within six months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat. The final plat may, if permitted by the approving authority, constitute only that portion of the approved preliminary plat that the subdivider proposes to record at that time. The preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the final plat which will be subject to further consideration by the planning commission at the time of its submission.

(3)

Within two normal working days after a preliminary plat is submitted for approval, the village clerk, or his designee, shall transmit appropriate copies to appropriate Waukesha County and State of Wisconsin agencies required to review the plat.

(4)

Village approval or conditional approval of the preliminary plat shall be based on compliance with platting requirements, village ordinance requirements, the master plan and a review of the proposed developments' impact on the village's streets, sewage system, drainage system, environmental resources and other public health, safety and welfare concerns. If the proposed development impact is interpreted by the planning commission to be significant, the planning commission may reject the plat or require appropriate and necessary mitigation of the impact.

(5)

A preliminary plat shall show the following:

a.

Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in U.S. Public Land Survey and the total acreage encompassed thereby.

b.

Existing and proposed contours at vertical intervals of not more than two feet. Elevations shall be marked on such contours based on National Geodetic Vertical Datum.

c.

Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water elevations, all referred to National Geodetic Vertical Datum.

d.

Floodway, floodfringe, environmental corridor and wetland boundaries and the contour line lying in a vertical distance of two feet above the elevation of the 100-year recurrence interval flood or where such data is not available, five feet above the elevation of the maximum flood of record.

e.

Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.

f.

Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto together with any legally established centerline elevations, all to mean sea level (1929) datum.

g.

Location and names of any adjacent subdivisions, parks and cemeteries abutting unplatted lands.

h.

Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes and the location of manholes, catchbasins, hydrants, power and telephone poles and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sanitary or storm sewers or water mains are located on or immediately adjacent to the lands being platted, the nearest such sewers or water mains which might be extended to serve such lands shall be indicated by their direction and distance from the nearest exterior boundary of the plat. Their size and invert elevations shall also be indicated.

i.

Approximate dimensions of all proposed lots together with proposed lot and block numbers.

j.

Location and approximate dimensions and size of any sites to be reserved or dedicated for parks, playgrounds, outlots and drainageways.

k.

Existing zoning on land adjacent to, and across from, the proposed subdivision.

l.

Soil type, slope and boundaries as shown on the detailed operational soil survey maps prepared by the U.S. Soil Conservation Service.

m.

Location of soil boring tests. The number of such tests shall be adequate to portray the character of the soil and the depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per three acres shall be made initially. The results of such tests shall be submitted along with the preliminary plat.

n.

Distance from proposed driveway to existing driveway openings either adjacent to, or across the street from, the proposed site.

o.

Designation of existing zoning district classification on adjacent and opposite fronting properties.

p.

Location and approximate size of water retention or detention pond.

(e)

Submittal of improvement plans and reports.

(1)

Following approval of the preliminary plat and prior to submittal of a final plat the subdivider shall submit blue or black line prints of the following plans to the village engineer:

a.

Plans and profiles of proposed water utility systems and, if necessary, groundwater impact analysis.

b.

Plans and profiles of proposed sanitary sewer systems or, alternatively, soil tests in support of private (i.e., on-site) sewage disposal systems.

c.

Grading and drainage plans and profiles, including storm sewer, and stormwater management facilities, where applicable.

d.

Plans and profiles of the proposed street system and, if necessary, traffic and environmental analysis.

(2)

The village engineer shall certify that the proposed improvements are adequate for the proposed subdivision or shall notify the subdivider in writing of any deficiencies in his proposed plans.

(f)

Final plat approval.

(1)

Prior to final approval of the plat, the village engineer shall certify that all required improvements have been satisfactorily installed or, alternatively in certain circumstances as approved by the planning commission, the appropriate escrow account to satisfy future installation shall be established.

(2)

The developer shall prepare a final plat in accordance with Wis. Stats. ch. 236.

(3)

Within two normal working days after final plat is submitted for approval, the village clerk shall transmit copies to the appropriate state and county agencies required to review the plat, and to adjacent cities and/or villages having extraterritorial plat jurisdiction.

(4)

If the final subdivision is not submitted within six months of the planning commission's preliminary plat approval date, the village may refuse to approve the final plat unless the time is extended by consent of the developer/land owner and village planning commission.

(5)

The village planning commission shall, within 30 days of receiving the final plat, recommend approval or rejection of the plat and shall transmit its recommendations to the village board.

(6)

The planning commission shall, at the time it recommends approval or rejection of a plat to the village board, give at least ten days' prior written notice of its recommendation to the clerk of any municipality within 1,000 feet of the plat.

(7)

The village board shall approve or reject the plat within 60 days of its submission, unless the time is extended by agreement with the developer or official objections have been filed.

Note: Generally, final plat approval shall not be requested by the developer/applicant until all terms and conditions of the development agreement have been complied with. Plats filed for final approval prior to such time may be rejected by the village clerk.

(8)

After the final subdivision plat has been approved by the village board, and required improvements either installed or a contract and sureties guaranteeing their installation is filed, the village clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and shall record the plat with the county register of deeds. The register of deeds shall not record the plat unless it is offered within 30 days from the date of the last approval.

(g)

The village administrator, in consultation with the village engineer and village planner may review, approve or reject a condominium instrument pursuant to the procedures set forth in Wis. Stats. § 703.115 as amended. Land development associated with a proposed condominium shall, however, comply with the procedural, technical, and engineering standards identified in chapter 40, article X of the Village Code of Ordinances.

(Ord. No. 99-5, § 17.16(4), 5-4-1999; Ord. No. 2006-2, §§ 1, 2, 1-3-2006)

(a)

A property owner shall apply for certified survey map approval when proposing realignment of their property line (i.e., no land division created). Approval of certified survey maps for simple property realignments shall be subject only to appropriate Village of Pewaukee staff approval.

(b)

A property owner/developer may apply for certified survey map approval of a minor land division if the following applies:

(1)

A proposed land division of not more than four parcels;

(2)

A proposed land division to divide any number of parcels greater than 1½ acres in size, thus not constituting a subdivision as defined by State of Wisconsin and local regulation.

(c)

The following process shall apply to proposed certified survey map approval applications for minor land divisions:

(1)

Pre-application consultation. Prior to the filing of an application for the approval of a certified survey map for a minor land division or property line realignment, the property owner/developer should consult with the village 's staff in order to obtain their advice and assistance. This consultation is neither formal nor mandatory, but is intended to inform the property owner/developer of the purpose and objectives of these regulations, the master plan and to otherwise assist the property owner/developer in planning their development. In so doing, both the property owner/developer and staff may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The property owner/developer will therefore gain a better understanding of the subsequent required procedures.

(2)

Minor land division concept plan. The property owner shall have the option to submit ten copies of the proposed concept land division, drawn in accordance with the requirements of section 3.16(4)(b) [40.452(b)], to the village for concept approval of the planning commission. As an alternative, the applicant can proceed directly to final certified survey map approval if no development agreement is required. Concept approval shall not be viewed or construed as a vested right in the development but, rather, a general indication that the proposed development conceptually complies with this chapter and the master plan and that the planning commission is willing to review and act upon the final certified survey map for minor land division approval.

(3)

Development agreement recommendation and approval.

a.

If public improvements (i.e., public road, sewer and/or water improvements) are required as part of the land division development, village staff shall prepare a development agreement which specifies the physical improvements and fees which the developer is required to install and pay. The development agreement is an agreement between the village and developer regarding the engineering and construction requirements of the proposed development.

b.

The draft development agreement shall be submitted to the planning commission for recommendation. The planning commission shall, within 30 days of reviewing the development agreement, recommend approval, recommend disapproval or recommend conditional approval of the development agreement to the village board. Following planning commission recommendation, the village board shall, within 30 days of receiving the development agreement, resolve to approve, reject or conditionally approve the development agreement.

c.

The village engineer may require the submittal of preliminary plans and profiles for proposed water, storm and sanitary sewer systems, streets, grading and drainage prior to the preparation of the development agreement. Additionally, the village engineer may require submittal of traffic, groundwater and environmental analysis.

d.

If the developer fails to commence construction within six months of development agreement approval, then the development agreement shall become null and void.

(4)

Final certified survey map approval for minor land division. The planning commission shall approve, reject or conditionally approve the certified survey map based on compliance with village ordinance requirements, the village master plan, statutory requirements and after review of the proposed developments impact on the village 's streets, sewage system, drainage system and environmental resources. If the proposed development impact is interpreted by the planning commission to be significant, the planning commission may reject the plat or require appropriate and necessary mitigation of the impact. Additionally, the final certified survey shall dedicate the necessary road right-of-way as a condition of land division approval. In addition to statutory requirements, the certified survey map shall include the following information:

a.

Existing and proposed contours at vertical intervals of not more than two feet (note: this data may be provided on a separate plan sheet). Elevations shall be marked on such contours based on National Geodetic Vertical Datum.

b.

Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water elevations, all referred to National Geodetic Vertical Datum.

c.

Floodway, floodfringe environmental corridor and wetland boundaries and the contour line lying in a vertical distance of two feet above the elevation of the 100-year recurrence interval flood or where such data is not available, five feet above the elevation of the maximum flood of record.

d.

Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.

e.

Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto together with any legally established centerline elevations, all to mean sea level (1929) datum.

f.

Location and names of any adjacent subdivisions, parks and cemeteries abutting unplatted lands.

g.

Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes and the location of manholes, catchbasins, hydrants, power and telephone poles and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sanitary or storm sewers or water mains are located on or immediately adjacent to the lands being platted, the nearest such sewers or water mains which might be extended to serve such lands shall be indicated by their direction and distance from the nearest exterior boundary of the plat. Their size and invert elevations shall also be indicated.

h.

Location and approximate dimensions and size of any sites to be reserved or dedicated for parks, playgrounds, outlots and drainageways.

i.

Existing zoning of land adjacent to, and across from, the proposed subdivision.

j.

Location of soil boring tests. The number of such tests shall be adequate to portray the character of the soil and the depths of bedrock and groundwater from the natural undisturbed surface (note: this information may be illustrated on a separate plan sheet).

k.

Distance from proposed driveway to existing driveway openings either adjacent to, or across the street from, the proposed site.

l.

Designation of existing zoning district classification on adjacent and opposite fronting properties.

Additionally, any resulting remnant parcel less than 20 acres in size shall be illustrated in the certified survey map. Any resulting remnant parcel greater than 20 acres shall be illustrated on a separate plat of survey.

(5)

Recording. After the certified survey map has been approved by the planning commission, it shall be signed by the village to certify approval and then recorded with the Waukesha County Register of Deeds. The register of deeds shall not record the certified survey map unless it is offered within 30 days from the date of the last approval.

(Ord. No. 99-5, § 17.16(5), 5-4-1999)

(a)

The subdivisions shall be monumented as required by the Wisconsin State Statutes.

(b)

Before the final plat, certified survey map will be approved, the developer shall provide and dedicate, when required by the Village of Pewaukee board, the following facilities and improvements in accordance with village specifications:

(1)

Sanitary and storm sewer mains and laterals, where designed to be served by such utility systems, shall be provided in accordance with article VIII of this chapter.

(2)

All new streets shall be provided in accordance with article VIII of this chapter.

(3)

Adequate facilities shall be provided for surface water drainage in accordance with section 40.458.

(4)

The developer shall install street trees with an average trunk dimension of 2.5 inches at a point one foot above the grade. To ensure proper planting and growth, the trees shall be balled, burlapped and staked. Such trees shall be provided at a rate of not less than one for every 40 feet of new roadway frontage and located within the road right-of-way at a point ten feet from the right-of-way line unless otherwise required by the planning commission. As an alternative to this regimented tree-planting standard, the developer may submit a creative landscape plan for planning commission approval. The village reserves the right to retain the services of a qualified consultant to verify proper installation and health of required landscaping. The plan commission may require the developer to establish an escrow account equal to 25 percent of the initial landscape contract cost to ensure that landscaping that dies within three years of planting will be replaced by the developer.

(5)

Where deemed necessary for the public safety, fire cisterns may be required to be provided, the necessity, number, size and location of which shall be determined by the planning commission upon recommendation of the fire chief. A paved roadway providing reasonable access to such cistern shall also be provided.

(6)

Erosion control and sedimentation facilities shall be required in accordance with section 40.458.

(7)

Where deemed necessary for the public safety, the provision of streetlights may be required. The plan commission shall approve the necessity, location and type of streetlights.

(8)

Street signs shall be provided at all intersections.

(9)

Facilities for distribution of electric, telephone and gas utility service located within a subdivision or other division, shall be installed in accordance with article VIII of this chapter.

(10)

An adequate water supply shall be provided by the developer to each lot within the subdivision in accordance with section 40.458.

(c)

The adequacy of such facilities and improvements and their proper installations shall be subject to approval of the village engineer.

(Ord. No. 99-5, § 17.16(6), 5-4-1999; Ord. No. 2006-2, § 3, 1-3-2006)

The planning commission may require the developer to establish an appropriate paving, erosion control, drainage, sanitary sewer, water main, storm sewer and/or landscaping escrow account or irrevocable letter of credit to ensure compliance with the approved subdivision, condominium or minor land division. The escrow or letter of credit value shall not exceed 125 percent of the improvement cost as estimated by an approved contractor. If the developer does not install the required improvements in accordance with the development agreement, the escrow or letter of credit shall be used by the Village of Pewaukee along with other legal remedies to construct the required improvements.

(Ord. No. 99-5, § 17.16(7), 5-4-1999)

Easements shall be provided in accordance with article VIII of this chapter.

(Ord. No. 99-5, § 17.16(8), 5-4-1999)

(a)

All facilities and improvements installed prior to the final approval of the plat shall be considered dedicated along with streets and other public areas upon the approval of the plat, certified survey map. A separate dedication instrument/document shall be drafted by the developer and approved and accepted by the Village of Pewaukee.

(b)

The developer shall furnish the village lien waivers from all contractors and supply cost data reports on all public utility installations.

(c)

The developer shall guarantee all dedicated public improvements for a period of one year from the acceptance of the dedication document.

(d)

Provision for park and open space areas. The following regulations are intended to provide for the preservation and proper location of park, recreation and other public use areas to meet the needs of the expanding community because of the development of vacant lands; and to ensure that such provision is in appropriate proportion to the additional need created by the residential development:

(1)

The residential developer shall be required to dedicate sufficient area to meet the proportionate park, recreation and general open space needs generated by the development. The dedication value shall be determined by the village assessor on the basis of full and fair market value of the land for the proposed public purpose. Such required, dedication shall not in any case represent land valued in excess of the amount required in accordance with the village's established fee schedule. In determining the number of lots for such computation, only the additional new and vacant lots created by the land division shall be counted.

(2)

Where the dedication of lands is not feasible or compatible with the village's master plan, the developer may, at the discretion of the planning commission, satisfy the requirement for provision of such area by payment of park and open space fees in accordance with the village's established fee schedule.

(3)

Park and open space monies received under this article shall be placed in a separate nonlapsing fund.

(4)

Such monies shall be used exclusively for site acquisition.

(5)

Payment shall be made to the village administrator, or his designee, prior to recording the final plat, certified survey map or prior to issuance of a multifamily residential building permit.

(Ord. No. 99-5, § 17.16(9), 5-4-1999; Ord. No. 2006-2, § 4, 1-3-2006)