Rothschild City Zoning Code
ARTICLE XVII
Land Division
§ 590-163 Introduction.
A.
Authority. This article is adopted under the authority granted by §§ 62.23(7), 87.30 and 236.45, Wis. Stats., and amendments thereto.
B.
Purpose. It is the purpose of this article to promote the following objectives:
(1)
To protect the public health, safety, convenience, and general welfare in the Village of Rothschild, Wisconsin;
(2)
To encourage planned and orderly land use and development, to protect property values and the property tax base;
(3)
To promote the careful planning and efficient maintenance of highway systems;
(4)
To promote the provision of adequate transportation, water, sewerage, health, education, recreation, and other public facilities;
(5)
To encourage uses of land and other natural resources which are in accordance with their character and adaptability;
(6)
To promote the efficient and economical use of public funds; and
(7)
To conserve the value of the buildings placed upon land, provide the best possible environment for human habitation, and encourage the most appropriate use of land throughout the Village of Rothschild.
C.
Administration. All applications must be submitted on a form provided by the Village Clerk, along with the applicable fee, as per the fee schedule. The Village Board of the Village of Rothschild shall approve, approve with conditions or disapprove any plats referred to it by the Planning and Zoning Commission.
§ 590-164 General provisions.
A.
Jurisdiction. The provisions of this article shall apply in all lands within the limits of the Village of Rothschild.
B.
Certified survey map.
(1)
A certified survey map prepared by a land surveyor registered in this state is required for all land divisions where the act of division creates:
(a)
Fewer than five lots, parcels, or building sites of 40 acres each or less in area; or
(b)
Fewer than five lots, parcels, or building sites of 40 acres each or less in area by successive divisions from the same "mother tract" within a period of five years.
(2)
All area calculations are to be exclusive of any dedications, right-of-way easements, or reservations.
(3)
Any lot created from a certified survey division may not be resubdivided for a period of five years after the filing of the map.
(4)
It shall comply in all respects with this article and the standards and specifications of § 236.34, Wis. Stats., and that section is hereby adopted by reference.
C.
Land divisions not covered by this article. The provisions of this article, as they apply to divisions of tracts of land into fewer than five parcels, shall not apply to:
(1)
Transfers of interest in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages, or utility easements involving five parcels or fewer.
(3)
Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations or other applicable laws and ordinances. Note: If, by specific deed language, titles to joined lands merge, a certified survey map shall not be required since a freestanding additional lot is not created.
(4)
Cemetery plats pursuant to § 157.07, Wis. Stats., and Assessor's plat pursuant to § 70.27, Wis. Stats.
D.
Resubdivision of recorded land divisions. Any resubdivision of a recorded land division that ultimately results in the creation of five or more lots, parcels, or building sites from the same "mother tract" shall be considered to be a subdivision and shall be accomplished by a subdivision plat and not additional certified survey maps.
E.
Ownership.
(1)
For the purpose of this article, lots, tracts, or parcels shall be considered in the same ownership when any of said lots, tracts, or parcels are owned by:
(a)
The same individual corporations.
(b)
Individuals in joint tenancy, and either of said joint tenants owns other lots individually or as joint tenants together with another.
(c)
An individual and other lots, tracts, or parcels are owned by his/her spouse.
(d)
An individual and other lots, tracts, or parcels are owned by the corporation in which said individual is an officer, director or controlling stockholder.
(2)
Lots, tracts, or parcels which are bisected by an existing public road or by navigable waters shall be considered to be effectively divided into separate lots, tracts, or parcels, as they apply to subsequent land divisions.
(3)
Any conveyance of land to a governmental agency, public entity, or public utility, and any land conveyance within a preplanned business park, shall not be considered a division of land for purposes of computing the number of parcels but shall be accomplished by a certified survey map.
F.
Compliance with ordinances, statutes, regulations, and plans. Any person dividing land which results in a subdivision shall prepare a plat of the subdivision, or which results in a land division shall prepare a certified survey map, in accordance with the requirements of this article and:
(1)
The provisions of Ch. 236, Wis. Stats.
(2)
The rules of the Wisconsin Department of Transportation, Wisconsin Administrative Code, and all other applicable regulations for subdivisions which abut a state trunk highway or connecting street.
(3)
The rules of the Department of Natural Resources and the Wisconsin Administrative Code and all other applicable regulations for Wisconsin's Shoreland-Wetland Management and Floodplain Management Programs, and Marathon County regulations pertaining to abutting streets.
(4)
All applicable local ordinances and regulations.
(5)
The Village of Rothschild Master Plan.
(6)
The Zoning Map of the Village of Rothschild.
G.
Violations. It shall be unlawful to divide, convey, record, or monument any land in violation of this article or the Wisconsin Statutes. The Village may institute appropriate action or proceedings to enjoin violations of this article.
H.
Penalties. Any person failing to comply with the provisions of this article shall, upon conviction thereof, forfeit to the Village of Rothschild a penalty of not more than $500, plus the costs of prosecution for each violation, and in default of payment of such forfeiture and costs may be imprisoned in the county jail until payment thereof but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. Compliance therewith may also be enforced by injunctional order at the suit of the Village.
I.
Variances and appeals.
(1)
Where the Board of Appeals finds that it would be inappropriate to apply literally, or that exceptional and unnecessary hardships may result from strict, literal application of these regulations, it may waive or modify the regulations so that substantial justice may be done and the public interest served, provided that such variation will not have the effect of nullifying the intent and purpose of this article or be in conflict with state statutes and administrative codes. In so acting, the Board of Appeals may require such conditions as will, in its judgment, secure substantially the objectives and standards of this article. A simple majority vote of the Board of Appeals shall be required to grant any modification or variance, and such action shall be entered in the minutes of the Board of Appeals setting forth the reasons for the request and the reasons, in the judgment of the Board of Appeals, which justify the variance.
(2)
Any person aggrieved by a modification, order, requirement, interpretation, or determination made by the Village staff, Planning and Zoning Commission or Village Board may appeal such decision to the Village Board of Appeals, as stipulated in this chapter and § 62.23(7), Wis. Stats.
(3)
Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom, as provided in Ch. 236, Wis. Stats., within 30 days of notification of the rejection of the plat.
J.
Review fees.
(1)
Plats. The subdivider shall submit to the Village Clerk a fee, per the fee schedule that shall be set by the Village of Rothschild, for each acre of land shown on a final plat prior to receiving Planning and Zoning Commission approval. This is to assist in defraying the costs of necessary inspections and for the review of both the preliminary and final plats.
(2)
Certified survey maps. The subdivider shall submit to the Village Clerk a fee, as per the fee schedule, along with specified requirements from § 590-167, prior to receiving Planning and Zoning Commission approval to assist in defraying the costs of necessary inspections and for review of the map.
(3)
Planned unit developments. The subdivider shall submit to the Village Clerk a fee, as per the fee schedule, for each acre of land shown on a final development plan prior to receiving Planning and Zoning Commission approval. This is to assist in defraying the costs of necessary inspections and for the review of the preliminary and/or final development plans.
§ 590-165 Dedications and reservations.
A.
Dedication of lands. Whenever a parcel of land to be divided as a subdivision contains all, or in part, a street, highway, drainageway, other public way, or public access to navigable lakes or streams which has been designated in a comprehensive plan as defined in this article, or an official map adopted under § 62.23, Wis. Stats., such public way or access shall be made a part of the plat and dedicated or reserved by the subdivider in the location and dimensions indicated, unless otherwise provided herein.
B.
Floodplains, wetlands, and lake access.
(1)
Whenever a tract of land to be subdivided includes any part of identified floodplains or wetlands as defined by the Village of Rothschild and the State of Wisconsin, such floodplains and wetlands shall be made a part of the plat. Floodplains and wetlands included within a subdivision plat shall be included within lots or outlots, or reserved for acquisition, or shall be reserved in perpetuity for the recreational use of the future residents of the land to be divided, if approved by the Planning and Zoning Commission. Wetlands shall be staked as a conservancy wetland and documented on the property deed. All wetland must remain in its original state and all vegetation must remain natural and undisturbed. It is recommended, at the discretion of the Planning and Zoning Commission, that a minimum 50% of the lot is buildable.
(2)
All subdivisions abutting a navigable lake or stream shall, pursuant to provisions of § 236.16, Wis. Stats., and this article, provide public access at least 60 feet wide to the low-water mark, such public access being connected to existing public roads at not more than one-half-mile intervals as measured along the lake or stream shore, except when greater intervals and wider access are agreed to by the Department of Natural Resources, the Department of Development, and the Planning and Zoning Commission, and excluding shore areas where adequate accessible public parks or open space streets or roads on either side of a stream are provided. This requirement does not require any local unit of government to improve land provided for public access.
C.
Lands between meander line and water's edge. The lands lying between the meander line established in accordance with § 236.20(2)(g), Wis. Stats., and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge, shall be included as part of lots, outlots, or public dedications in any plat abutting a lake or stream. This requirement applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which he holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or stream.
D.
Restrictions for public benefit. The Village or public utility shall have the right to enforce any restriction of law or in equity against anyone who has or acquires an interest in land subject to the restriction. Such restrictions shall include any restrictions placed on platted land by covenant, grant of easement, or in any other manner which were required by the Village or public utility or which name the Village or public utility as grantee. The restriction may be released or waived in writing by the Village or public utility having the right of enforcement.
E.
Provision for park and open space areas. 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.
(1)
Dedications of funds or land, as determined by the Park Committee and the Planning and Zoning Commission, shall be required by developers of five or more residential units. 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 the developer may, at the discretion of the Park Committee and Planning and Zoning Commission, satisfy the requirement for provision of such area by payment of park and open space fees in accordance with the Village of Rothschild's fee schedule.
(3)
Park and open space moneys received under this section shall be placed in a separate nonlapsing fund to be used exclusively for improvements or site acquisition.
(4)
Payment shall be made to the Village, as per the fee schedule, prior to recording the final plat or certified survey map or prior to issuance of a multifamily or residential building permit.
§ 590-166 Improvements.
Prior to the approval of final plats or certified survey maps, the subdivider or his/her agent shall furnish and install the below-stated improvements to the specified Village standards. The required improvements are to be furnished and installed at the sole expense of the subdivider, unless an agreement with the Village has otherwise been reached. Prior to the construction of the required improvements, the subdivider shall enter into a contract (developer's agreement). The contract may require the filing of a performance bond or certified check with the Village agreeing and ensuring that he/she or his/her agent will cause construction of the required improvements within a time period specified. The penal amount of the bond, or value of other acceptable surety, shall equal at least 110% of the estimated costs of the improvements. The performance instrument shall also secure all lot improvements on individual lots as required in this article.
A.
Survey monuments. The subdivider shall install survey monuments placed in accordance with the requirements of § 236.15, Wis. Stats. Pursuant to § 236.15(1)(h), Wis. Stats., the Village, which is required to approve the subdivision under § 236.10, Wis. Stats., may waive the placing of monuments for a reasonable time on condition that the subdivider executes a surety bond to ensure that he or she will place the monuments within the time required.
B.
Grading and surfacing. The subdivider shall grade the rights-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the Village. After the installation of all utility and stormwater drainage improvements, the subdivider shall surface all roadways and streets proposed to be dedicated with surfacing materials approved by the Village.
C.
Curb and gutter. The Village Board shall require the subdivider to construct concrete curbs and gutters within platted subdivisions in accordance with plans and standard specifications approved by the Village Board.
D.
Sidewalks.
(1)
The Village shall require the subdivider to construct a concrete sidewalk on one or both sides of all streets within platted subdivisions; or
(2)
Wider than standard sidewalks may be required by the Village in the vicinity of schools, commercial areas, and other places of public assemblage, or where joint pedestrian/bicycle use thereon is deemed desirable, and it may require the construction of sidewalks in locations other than required above if such walks are necessary, in its opinion, for safe and adequate pedestrian or bicycle circulation.
E.
Streetlamps. The Village may require the subdivider to install streetlamps along streets proposed to be dedicated within platted subdivisions in accordance with design, quality, and/or energy efficiency standards approved by the Village Board and deemed to be compatible with the neighborhood. Such lamps shall be placed at each street intersection and at such interior block spacing as may be required by the Village.
F.
Street name signs. The Village may require the subdivider to install at the intersection of all streets proposed to be dedicated within platted subdivisions a street name sign of a design specified or approved by the Village.
G.
Stormwater management. The subdivider shall construct stormwater management facilities which are adequate to serve the subdivision and which do not adversely affect adjacent lands outside of the subdivision.
(1)
The storage and controlled release of excess stormwater shall be required for all subdivisions or as required by the Village. The controlled release of stormwater runoff from all development described above shall not exceed the peak discharge of stormwater runoff as occurring under the predevelopment conditions of the parcel, based upon a ten-year storm event. Where site detention is required for runoff control, the detention facilities shall safely pass the runoff of a one-hundred-year storm through an emergency outlet.
(2)
In the event that the developer chooses to release more runoff than would occur under the predevelopment conditions, he/she will be required to provide adequate outlet facilities downstream to accommodate the increased rate of runoff. The specifications to be used in designing these facilities and computing runoff shall be based upon the standards of the United States Department of Agriculture (USDA) Soil Conservation Service, or an alternate method as may be approved by the Village.
H.
Erosion control facilities. Erosion control shall be required for all subdivisions or as required by the Village. The planning process, specifications and construction techniques will be done in accordance with specifications as stipulated by the Wisconsin Department of Natural Resources. Erosion control plans shall consist of the detailed soil survey map of the area indicating the site location as well as adjacent properties and the identification of any structures or natural features on the land adjacent to and within 250 feet of the site. The plan shall include a boundary line survey of the site, a location and description of the soil types which have been rated severe for erosion limitations by the USDA Soil Conservation Service and the elevation, dimension, location and extent of all proposed grading. It shall include the location and identification of any proposed additional structures or development on the site. It shall include plans for and specifications of drainage provisions, retaining walls, cribbing, planting, anti-erosion devices or other protective devices, whether temporary or permanent, to be constructed in connection with or as a part of the proposed work, together with a map showing the drainage area of the land tributary to the site, upstream culverts and other restrictions which may control the quantity and rate of runoff and a statement explaining the estimated runoff used to determine the design characteristics of any drainage device. Upstream drainage shall be considered and explained if any adverse effect is possible. Plans for removal, recontouring or other final disposition of sediment basins or other structural improvements or devices shall be included in the plan.
(1)
Factors which will be considered in reviewing land suitability and erosion control plans shall relate to the specific site conditions. The plan should reduce land grading and keep land disturbance to a minimum. Both surface runoff and stormwater drainage systems should be integrated to accommodate the increased runoff incurred during land grading. Existing temporary and future protective vegetation should be emphasized. The plan shall coordinate grading operation and sedimentation control measures so as to minimize land exposure to erosion to the briefest time. Sediment basins below high sediment producing areas should be planned, installed and maintained as safety devices to catch and trap excessive sediment from the development site. The plan should utilize available technologies to keep soil erosion to a minimum level.
(2)
The preparation of surface water, erosion and sediment control plans shall be undertaken by a qualified individual and shall be submitted to the Village Clerk. The Village Clerk shall transmit those plans to the Village planning or engineering consultant or Village staff who shall review and then transmit that information for review and recommendation by the Planning and Zoning Commission for action by the Village Board. Any comments or recommendations are advisory only, and the Village Board may, upon its own action, modify, adopt or reject any or all of the comments or recommendations. Upon consideration of the factors cited above and application of this section, conditions may be imposed for the approval of erosion control and runoff as are deemed necessary to accomplish the intent of this section. Among such conditions, without limitation because of specific enumeration, are:
(a)
All activities on the site shall be conducted in logical sequence to minimize the area of unstable soils at any one time.
(b)
Permanent grass and vegetative cover for the area.
(c)
Stabilization by means of mulching, nonvegetative materials, jute matte, excelsior, etc.
(d)
Sodding the area subject to erosion.
(e)
Staking of wetlands and the recording of a conservancy wetland easement and documentation on the property deed.
(f)
Use of low-growing plants, vines, shrubs, or other ground covers to stabilize sediment-producing areas.
(g)
Construction of structures that will stabilize the grade and water channels.
(h)
Construction of sediment basins shall be designed and built to ensure against failure of the structure resulting in loss of life or interruption of use or service of public utilities.
(i)
Use of grass waterways for the safe disposal of runoff water.
(j)
Utilization of existing topography and planning development to minimize erosion, such as planning roadways parallel to contours.
(k)
Leaving critical areas in an undisturbed condition or correction of critical areas that can cause erosion hazards.
(l)
Constructing diversionary channels and terraces across the slopes.
I.
Other utilities. All new electric distribution lines (excluding lines of 1,500 volts or more), telephone lines from which individual lots are served, telegraph lines, and cable or community antenna television cables within all newly platted subdivisions and land divisions shall be installed underground unless the Planning and Zoning Commission determines that the location, topography, soil, stands of trees, or other physical barriers would make underground installation unreasonable or impractical or that the lots to be served by said facilities would be best served directly from existing overhead facilities. Associated equipment and facilities which are appurtenant to underground electric and communications systems, including but not limited to substations, pad-mounted transformers, switches, and aboveground pedestal-mounted terminal boxes, may be located above ground. Costs for all utilities shall be born by the developer. Utility easements shall be established on subdivision plats and certified survey maps as set forth in this article.
§ 590-167 Land suitability.
No land shall be divided or subdivided for use which is determined to be unsuitable by the Planning and Zoning Commission because of flooding or potential flooding, wetlands, inadequate drainage, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, incompatible surrounding land use, or any other condition likely to be harmful to the health, safety, or welfare of the future residents or users of the area, or likely to be harmful to the community or the Village. Except as provided herein, the Planning and Zoning Commission shall determine such unsuitability at the time the preliminary plat or certified survey map is considered for approval. The subdivider shall furnish such maps and data as may be necessary to make a determination of land suitability. In addition to the data required to be submitted with the preliminary plat or certified survey map, the subdivider may be required to submit additional information for development located in an area where flooding or potential flooding may be a hazard.
A.
Suitability determination. In applying the provisions of this section, the Planning and Zoning Commission shall, in writing, recite the particular facts upon which it bases its conclusion that the land is unsuitable for the intended use or development and afford the subdivider an opportunity to present evidence and the means of overcoming such unsuitability, if he/she so desires. Thereafter the Planning and Zoning Commission may affirm, modify, or withdraw its determination of unsuitability.
B.
Survey and data submission requirements.
(1)
Preplanning consultation. A preplanning consultation shall be scheduled with Village staff to articulate Village procedures and site-specific requirements.
(2)
Preliminary plat. A preliminary plat shall be prepared for all subdivisions and shall be based upon a survey by a land surveyor registered in this state.
(a)
The plat shall be submitted at a scale of not more than 100 feet to one inch, shall conform to any standards and specifications set forth in Ch. 236, Wis. Stats., and shall show correctly on its face the following information:
[1]
Title of the proposed subdivision.
[2]
Location of the proposed subdivision by government lot, quarter section, section, township, range, county and state.
[3]
Date, scale, and North arrow.
[4]
Name and address of the owner, subdivider, and land surveyor preparing the plat.
[5]
Entire area contiguous to the proposed plat owned or controlled by the subdivider, even though only a portion of said area is proposed for immediate development. The Planning and Zoning Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this article and undue hardship would result from strict application thereof.
[6]
Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to an established corner monument and the total acreage encompassed.
[7]
Location and names of any adjacent subdivisions, parks and cemeteries and owners of record of abutting unplatted lands.
[8]
Location, right-of-way width, and names of any existing or proposed streets, alleys, or other public ways, easements, railroad and utility rights-of-way, and all section or quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.
[9]
Location of existing property lines, structures, drives, streams and watercourses, lakes, wetlands, rock outcrops, wooded areas, and other similar significant features within the parcel being subdivided.
[10]
Water elevations of adjoining lakes, ponds, streams, and flowages at the date of the survey and approximate high and low water elevations.
[11]
Type, width, and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto with any legally established center-line elevations.
[12]
Contours within the exterior boundaries of the plat and extending to the center line of adjacent public streets at vertical intervals of not more than two feet and additional areas as requested by the Planning and Zoning Commission.
[13]
Location and approximate dimensions of any sites to be dedicated or reserved for parks, open space, drainageways, schools, or other public uses.
[14]
Approximate dimensions of all lots and proposed lot and block numbers.
[15]
Existing and proposed land use and zoning included within and immediately adjacent to the proposed subdivision.
[16]
Floodplain, shoreland, wetland, erosion hazard boundaries, and any proposed lake and stream access.
[17]
Surface drainage pattern mapping and indication of direction and established peak volume of soil drainage pattern and provisions for stormwater detention (when necessary).
[18]
Plans for all soil conservation and erosion control measures, such as gutters, ditches, catch basins, storm sewers, culverts, open channels, sediment traps or basins, terraces, water diversions, and similar practices, keyed to locations on the preliminary plat, if required by the Planning and Zoning Commission.
(b)
The Planning and Zoning Commission shall have the authority to request such information from the subdivider.
(3)
Construction drawing review and approval. The developer, prior to the preliminary plat, should submit construction drawings to the Village Clerk. The Village Clerk shall submit the construction drawing information to the Village staff and/or planning/engineering consultant who shall review the drawings and make recommendation to the Planning and Zoning Commission for review and recommendation to the Village Board. Any comments or recommendations are advisory only, and the Village Board may, upon its own action, modify, adopt or reject any or all of the comments or recommendations. All Village Board recommendations and requests shall be satisfied to enable the project to proceed.
(4)
Final plat. A final plat prepared by a land surveyor registered in the State of Wisconsin is required for all subdivisions. It shall comply in all respects with this article and the standards and specifications of § 236.20, Wis. Stats., and that section is hereby adopted by reference. All revisions requested by the Village Board shall be satisfied prior to the approval of the final plat. Lots shall not be sold, and building permits shall not be issued, until the final plat is approved and recorded. Where the Planning and Zoning Commission finds that it requires additional information or plat data relative to a particular problem presented by a proposed development to review the final plat, it shall have the authority to request such information from the subdivider.