The purpose of this chapter is to promote the public health, safety and general welfare of the Village of Summit, and these regulations are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, school, parks playgrounds, and other public requirements; to facilitate the further resubdivision of larger tracts into smaller parcel. These regulations are made with a reasonable consideration, among other things, of 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. 32-2015, § 1, 9-3-2015)

Any division of land within the village which results in a subdivision as defined herein shall be, and any other division may be, surveyed and a plat thereof approved and recorded pursuant to the provisions of this chapter and Wis. Stats. ch. 236.

(Ord. No. 32-2015, § 1, 9-3-2015)

Any division of land other than a subdivision within the village, of which a plat has not been approved and recorded, pursuant to § 109-2 above, shall be surveyed and a certified survey map of such division approved and recorded as required by § 109-7 of this chapter.

(Ord. No. 32-2015, § 1, 9-3-2015)

The provisions of this chapter 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 ten years, mortgages, or easements;

(3)

The 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 this chapter or other applicable laws or ordinances.

a.

Provided, however, that in order to insure compliance with the stated conditions and to prevent possible confusion or conflict with regard to assessment records or zoning, and building codes, no such sale or exchange shall be made without first submitting a description thereof to the plan commission for its approval. The plan commission shall approve such sale or exchange unless it finds valid objection on the basis of conflict with existing codes or development standards.

(Ord. No. 32-2015, § 1, 9-3-2015)

As used in this chapter, the following terms shall have the meanings indicated:

Plat means the map prepared, as required by either § 109-2 or 109-3 of this chapter, for the purpose of recording "subdivisions" or "other subdivisions" of land as provided herein.

Street means a way for vehicular traffic other than an alley.

(1)

Major streets and highways means those which serve as the principal arteries of through traffic movement.

(2)

Collector streets means those which carry traffic from minor streets to the system of major streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

(3)

Minor streets means those which are used primarily for access to the abutting properties.

(4)

Marginal access streets or frontage streets means minor streets which are parallel to and adjacent to major streets and highways, and which provide access to abutting properties and protection from through traffic.

Subdivider means the owner or owners of land, which is being divided pursuant to this chapter.

Subdivision means the division of a lot, parcel, or tract of land by the owner thereof or his agent for the purpose of sale or of building development, where:

(1)

The act of division created five or more parcels or building sites of 1 ½ acres each or less in area; or

(2)

Five or more parcels or building sites of 1 ½ acres each or less in area are created by successive divisions within a period of five years.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Prefiling conference.

(1)

Prior to submitting a plat for official filing or being placed on a plan commission agenda for approval of a land division or development, the owner shall consult with the village engineer in order to obtain his advice and assistance. This consultation is not formal, but is intended to inform the owner of the purpose and objectives of these regulations, the comprehensive master plan or plan components, neighborhood plans, and duly adopted plan implementation devices of the municipality and to otherwise assist the owner in planning the development. The owner is required to provide the village engineer with the information requested on the preliminary land division checklist. Prior to being placed on the agenda for preliminary consultation with the plan commission for the municipality, the owner must obtain a finding from the village engineer that he has reviewed the proposed land division or development and finds that all items have been properly submitted and the matter is ready to be placed on an upcoming municipal plan commission agenda.

(2)

Prior to submitting a plat for official filing or filing for approval of a land division or development, the owner shall consult with the plan commission in order to obtain its advice and assistance. This consultation is not formal, but is intended to inform the owner of the purpose and objectives of these regulations, the comprehensive master plan or plan components, neighborhood plans, and duly adopted plan implementation devices of the municipality and to otherwise assist the owner in planning the development. In so doing, both the owner and the planning agency may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The owner will gain a better understanding of the subsequent required procedures.

(b)

Preliminary plat filing. Before submitting a final plat for approval, the owner shall prepare a preliminary plat and a letter of application. The preliminary plat shall be prepared and filed in accordance with this chapter and Wis. Stats. ch. 236.

(c)

Preliminary plat review.

(1)

The Plan Commission shall review the preliminary plat for conformance with:

a.

The provisions of Wis. Stats. ch. 236.

b.

This chapter.

c.

Any official map adopted under state statutes.

d.

Any local rules and regulations.

e.

The Comprehensive Master Plan or plan components.

f.

Any neighborhood plans.

(2)

The Plan Commission shall hold a public hearing on the preliminary plat. In order that the owner of the property involved and other legitimately interested parties may have a fair opportunity to be heard adequate notice shall be given for the public hearing. Notice shall be given by publication of a class 2 notice as provided under Wis. Stats. ch. 985, and notice shall be posted in the vicinity of such land division or development where practical and notice shall be mailed to the owners of all lands within 300 feet of any part of the land to be divided or developed at least 10 days before such public hearing.

(3)

The Plan Commission should, within 75 days of the date of filing of a preliminary plat, recommend approval, approval conditionally or rejection of such plat to the governing body unless the time is extended by agreement in writing with the owner.

(4)

The governing body should, within 90 days of the date of the filing of a preliminary plat, approve, approve conditionally or reject such plat unless the time is extended by agreement in writing with the owner.

(5)

Failure of the governing body to act within 90 days shall constitute an approval of the preliminary plat as filed.

(6)

Approval or conditional approval of a preliminary plat shall not constitute automatic approval of the final plat, except that if the final plat is submitted within 24 months of the preliminary plat approval, and conforms substantially to the preliminary plat layout as indicated in Wis. Stats. § 236.11(1)(b), and all conditions imposed as part of the preliminary plat approval have been satisfied, the final plat shall be entitled to approval with respect to such layout. 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 plan commission and the governing body at the time of its submission.

(7)

Objections must be satisfied. The preliminary plat shall not be finally approved or deemed finally approved until all objections of all objecting and approving authorities and all conditions of the plan commission and governing body have been satisfied.

(d)

Engineering data.

(1)

Required. Following approval of the preliminary plat and prior to submittal of a final plat, the subdivider shall furnish to the village engineer the following engineering data pertaining to utilities and improvements in the plat as is pertinent and as requested by the engineer:

a.

Plan and profiles showing existing and proposed grades for all streets, alleys, public rights-of-way and proposed buildings.

b.

Plan and profiles of all storm sewers, culverts and surface water drainage facilities.

(2)

Approved by Engineer. All such plans and profiles shall be approved by the village engineer before the final plat shall be deemed acceptable for filing.

(e)

Final plat filing. The final plat shall be prepared and filed in accordance with this chapter and Wis. Stats. ch. 236.

(f)

Final plat review.

(1)

The Plan Commission shall review the final plat for conformance with:

a.

The approved preliminary plat.

b.

Any conditions of approval of the preliminary plat.

c.

The provisions of Wis. Stats. ch. 236.

d.

This chapter.

e.

Any official map adopted under state statutes.

f.

Any local rules and regulations.

g.

The Comprehensive Master Plan or plan components.

h.

Any neighborhood plans.

(2)

The Plan Commission should, within 45 days of the date of filing of a final plat, recommend approval, approval conditionally or rejection of such plat to the governing body unless the time is extended by agreement in writing with the owner.

(3)

The governing body should, within 60 days of the date of filing of a final plat, approve, approve conditionally or reject such final plat unless the time is extended by agreement in writing with the owner.

(4)

Failure of the governing body to take action on the plat within 60 days, the time having not been extended and no unsatisfied objections having been filed and no unsatisfied conditions of the preliminary plat approval, the final plat shall be deemed approved.

(5)

Miscellaneous provisions.

a.

Submission. If the final plat is not submitted within 24 months of the last required approval of the preliminary plat, the governing body may refuse to approve the final plat unless otherwise provided for in the developer's agreement by means of a phase development timetable.

b.

Partial platting. If permitted by the governing body, the approved preliminary plat may be finally platted in phases with each phase encompassing only that portion of the approved preliminary plat which the owner proposes to record at one time; however, it is required that each such phase be final platted and be designated as a "phase" of the approved preliminary plat. Subsequent phases of the final plat shall be filed in accordance with the schedule set forth in the developer's agreement as adopted or amended by the governing body.

c.

Recordation. After the final plat has been approved by the governing body and required improvements either installed or a developer's agreement and letter of credit or cash deposit to guarantee their installation is filed, the clerk shall cause the certificate inscribed upon the final plat attesting to such approval to be duly executed, and the subdivider shall record the final plat with the county register of deeds.

d.

Duplicate plat. An identical reproducible copy of the plat (on stable drafting film at least four mils thick) along with the recording data shall be placed on file with the clerk.

e.

Final plats submitted for approval before all improvements are ready to be accepted by the municipality will only receive conditional approval from the governing body and said approval will be conditioned upon all improvements being completed and accepted by the municipality, and a developer's agreement and letter of credit or cash deposit to guarantee completion shall be required.

(6)

Objections must be satisfied. The final plat shall not be finally approved or deemed finally approved until all objections of all objecting and approving authorities and all conditions of the plan commission and governing body have been satisfied.

(Ord. No. 32-2015, § 1, 9-3-2015; Ord. No. 26-2014, §§ 1, 2, 10-26-2015)

(a)

Preliminary plat. Before submitting a final plat for approval the subdivider shall submit a preliminary plat according to the procedure designated for a subdivision under § 109-6 above except that no state or county agency actions are required.

(b)

Final plat. The final plat in the form of a certified survey map shall be submitted according to the procedure designated for a subdivision under § 109-6 above except that no state or county agency actions are required.

(c)

Requirements.

(1)

Reasonable compliance. To the extent reasonably practicable the plat shall comply with the provisions of this chapter hereinafter stated relating to general requirements and design standards and required improvements.

(2)

Registered surveyor. The survey shall be performed and the map prepared by a registered surveyor. Such map shall describe the entire ownership involved in the process of division, provided however that where the division results in a residual parcel in excess of 10 acres, not intended for immediate sale or other conveyance, the plan commission may waive the requirement for inclusion of the residual parcel.

(3)

Monuments. All corners shall be monumented in accordance with Wis. Stats. § 236.15(1)(c) and (d).

(4)

Engineering standards. The final plat shall be prepared in accordance with Wis. Stats. § 236.20(2)(a), (b), (c), (e), (f), (g), (h), (i), (j), (k) and (1) and (3)(b), (d) and (e), on durable white paper 8 1/2 inches by 14 inches long. All lines shall be made with nonfading black ink to a scale of 200 feet to an inch.

(5)

Percolation tests. If any lots in the plat are not to be served by municipal sanitary sewer, percolation tests shall be submitted according to the procedure designated under the rules of the department of commerce applicable to subdivisions.

(d)

Certificates and affidavits.

(1)

Owners and surveyors. The map shall include the certificate of ownership and the affidavit of the surveyor who surveyed and mapped the parcel, typed, lettered, or reproduced legibly with nonfading black ink, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked and established in the US Public Land Survey, or, some corner providing reference to a corner marked and established in the US Public Land Survey. Such affidavit shall include the statement of the surveyor to the effect that he has fully complied with the requirements of this article.

(2)

Plan Commission. The certificate of approval of the Plan Commission shall be typed, lettered, or reproduced legibly with nonfading black ink on the face of the map.

(e)

Recording. Following approval of the final plat the certified survey map shall be filed by the subdivider for record with the Register of Deeds.

(Ord. No. 32-2015, § 1, 9-3-2015; Ord. No. 26-2014, §§ 1, 2, 10-26-2015)

(a)

Payment of construction costs. Before final acceptance of any required facilities or improvements, the subdivider must furnish sufficient proof to the village as the village board may require that all costs for the required facilities and improvements have been paid.

(b)

Reimbursement of expenses. The subdivider shall pay and reimburse the village promptly upon billing for all fees, expenses, costs and disbursements which shall be incurred by the village in connection with a division of land or relative to the construction, installation, dedication and acceptance of the land division improvements, including without limitation by reason of enumeration, design, engineering, review, supervision, inspection and legal, administrative and fiscal work. All such charges not paid by the subdivider within 30 days of being invoiced will be charged against the financial guarantee held by the village pursuant to the requirements of this chapter, or imposed against the land as a special charge pursuant to Wis. Stats. § 66.0627.

(c)

Costs for signs, culverts, posts and guardrails. The subdivider shall pay and reimburse the village promptly upon billing for all fees, expenses, costs and disbursements which shall be incurred by the village in connection with the purchase and installation of street signs, culverts, posts and guardrails related to the land division. The developer's agreement may also require that the subdivider install all such facilities. (Added 8-2-2005 by ord. no. 05-259)

(Ord. No. 32-2015, § 1, 9-3-2015)

The proposed subdivision shall conform to:

(1)

The provisions of Wis. Stats. ch. 236;

(2)

All applicable ordinances of the village;

(3)

Design and construction standards as established by the Village, including but not limited to the street construction specifications established by the village engineer, the quality control/quality assurance requirement as established by the village engineer, and the sidewalk construction standards as established by the village engineer including such amendments that the village engineer may make thereto from time to time. (Amended 8-2-2005 by Ord. No. 05-259)

(4)

The Master Plan;

(5)

The Official Map;

(6)

The rules of the Department of Commerce relating to lot size and lot elevation if the subdivision is not served by a public sewer and provision for such service has not been made;

(7)

The rules of the Department of Transportation relating to safety of access and the preservation of the public interest and investment in the streets if the subdivision or any lot contained therein abuts on a state trunk highway or connecting street.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

General considerations.

(1)

Design criteria. The streets shall be designed and located in relation to existing and planned streets, to topographical conditions and natural terrain features such as streams and existing tree growth, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

(2)

Construction standards and quality control. Construction of all streets shall conform to the standards described in the street construction specifications established by the village engineer for the Village of Summit, including the quality control/quality assurance requirements established by the village engineer, including such amendments to the street construction specifications and quality control requirements that the Village Engineer may make from time to time. (Amended 8-2-2005 by Ord. No. 05-259)

(b)

Conform to Official Map and established widths. The arrangement, width, grade and location of all streets shall conform to the official map and to the street and highway widths established by ordinance.

(c)

Arrangement.

(1)

Major streets shall be properly integrated with the existing and proposed system of major streets and highways.

(2)

Collector streets shall be properly related to mass transit routes, to special traffic generating from facilities such as schools, churches, and shopping centers, to population densities, and to the major streets into which they feed.

(3)

Minor streets shall be laid out to conform as much as possible to topography, to discourage use by through traffic, to permit efficient drainage and sewer systems, to require the minimum amount of street necessary to provide convenient, safe access to property.

(d)

Controlled access. Where a subdivision borders on or contains an existing or proposed major street, the plan commission may require that marginal access streets be provided, that the backs of lots abut the major streets and be provided with screen planting contained in a nonaccess reservation along the rear property line, that deep lots with rear service alleys be provided or that other provisions be made for the adequate protection of residential properties and the separation of through and local traffic.

(e)

Width. The right-of-way of all streets shall be of the width specified on the official map or master plan, or, if no width is specified there, they shall be not less than the width specified below:

(1)

Major streets: 100 feet right-of-way.

(2)

Collector streets: 80 feet right-of-way.

(3)

Local access streets: 60 feet right-of-way.

(4)

Frontage streets: 30 feet right-of-way.

(f)

Grades. The grade of major and collector streets shall not exceed six percent and the grade of all other streets shall not exceed ten percent, unless necessitated by exceptional topography and approved by the plan commission. The minimum grade of all streets shall be no less than one-half percent and such minimum shall not be permitted for long sustained distances.

(g)

Horizontal curves. A minimum sight distance with clear visibility, measured along the center line, shall be provided of at least 300 feet on major streets, 200 feet for collector streets, and 100 feet on minor streets.

(h)

Vertical curves. All changes in street grades shall be connected by vertical curves of a minimum length equivalent to 15 times the algebraic difference in the rate of grade for major streets and collector streets and 1/2 of this minimum length for all other streets.

(i)

Tangents. A tangent at least 100 feet long shall be introduced between reverse curves on major and collector streets.

(j)

Street names. New street names shall not duplicate the names of existing streets, but streets that are continuations of others already in existence and named shall bear the name of the existing streets.

(k)

Cul-de-sac or dead-end streets. Street designed to have one end permanently closed shall not exceed 500 feet in length without plan commission and village board approval and shall terminate with a turnaround of not less than 120 feet in diameter of right-of-way and a roadway of not less than 90 feet in diameter. Culs-de-sac having a center island shall have a minimum 75-foot radius at the right-of-way with a center roadway radius of 45 feet and a 20-foot-wide paved roadway.

(l)

Reserve strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the village under conditions approved by the plan commission.

(m)

Existing half streets. Where a half street exists adjacent to the subdivision, the other half of the street shall be dedicated by the subdivider. Platting of new half streets along property lines shall not be permitted except by approval of the plan commission.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Right angle. Streets shall intersect as nearly as possible at right angles and not more than two streets shall intersect at one point unless approved by the plan commission.

(b)

Rounded. Property lines at street intersections shall be rounded with a radius of 15 feet or of a greater radius where the plan commission considers it necessary. The inside radius for the pavement section at all intersections will be a minimum of 30 feet.

(c)

Jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided. Where streets intersect major streets, their alignment shall be continuous.

(Ord. No. 32-2015, § 1, 9-3-2015)

In all commercial and industrial districts, provision shall be made for service access, such as off-street loading and parking, consistent with and adequate for the uses proposed.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Residential. Alleys shall not be approved in residential areas unless necessary because of topography or other exceptional circumstances.

(b)

Width. The width of alleys shall be not less than 20 feet.

(c)

Dead end. Dead-end alleys are prohibited except under very unusual circumstances, and crooked and "T" alleys shall be discouraged. Where dead-end alleys are unavoidable they shall be provided with adequate turnaround facilities at the dead end.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Utility. Easements across lots or centered on rear or side lot lines shall be provided for utilities where required by the plan commission and shall be at least 10 feet wide.

(b)

Drainage. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Shape and size. The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated.

(b)

Crosswalks. Pedestrian crosswalks not less than 15 feet wide may be required by the plan commission where deemed desirable to provide convenient pedestrian circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

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

(b)

Lot dimensions.

(1)

Lot dimensions shall conform to the requirements of Chapter 111, Zoning, of the Code of the Village of Summit.

(2)

Residential lots to be served by private sewerage disposal facilities shall comply with the rules of the Department of Commerce as well as with any local ordinance appropriate thereto.

(3)

Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(4)

Residential lots abutting on major streets and highways shall be platted with sufficient depth to permit adequate separation between the buildings and such trafficways.

(5)

Lots should be designed with a suitable proportion between width and depth. Neither long narrow nor wide shallow lots are normally desirable. Normal depth should not exceed 2 1/2 times the width, nor be less than 150 feet.

(c)

Corner lots. Corner lots should be designed to permit full setback on both streets as required by the applicable zoning district requirements.

(d)

Access to public streets. Every lot shall front or abut on a public street. Lots with an access only to private drives or streets shall be permitted only with plan commission approval.

(e)

Lots at right angles. Lots at right angles to each other should be avoided wherever possible, especially in residential areas.

(f)

Lot lines. Side lot lines shall be substantially at right angles or radial to street lines.

(g)

Large lots. Where lots are created of a size larger than normal for the area, the plan commission may require that the plat be so designed as to allow for the possible future resubdivision of such lots into normal sizes compatible with the area.

(h)

Municipal boundaries. Lots shall follow municipal boundary lines whenever practicable rather than cross them.

(i)

Double frontage. 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.

(j)

Lakeshore lots. No lakeshore lot shall be platted so as to provide by deed, covenant, easement or other device or agreement for access to such lake for more than one family for each 100 feet of lake frontage nor which would provide for use other than by the owner or legally resident occupant of the premises and his guests, except where specifically permitted as a commercial use, an organizational use, or as a public parkway.

(k)

Driveways. In those areas where curb and gutter is not installed in the street, no concrete surfacing shall be installed on a private driveway closer than six feet to the paved surface of the street. (Added 8-2-2005 by Ord. No. 05-259)

(Ord. No. 32-2015, § 1, 9-3-2015)

The subdivision shall be monumented as required by Wis. Stats. § 236.15, which is hereby adopted by reference.

(Ord. No. 32-2015, § 1, 9-3-2015)

Before the final plat of a subdivision located within the Village of Summit will be approved, the subdivider shall provide and dedicate the following facilities and improvements, all of which facilities and improvements must be installed within the time required by the village board, but in no event to exceed two years:

(1)

Streets. Streets graded and surfaced in accordance with the described specifications established by the village engineer for the Village of Summit, including the quality control/quality assurance requirements established by the village engineer, including such amendments to the street construction specifications and quality control requirements that the village engineer may make from time to time. (Amended 8-2-2005 by Ord. No. 05-259)

(2)

Drainage. Drainage channels, culverts, and such other facilities necessary to provide adequately for surface water drainage according to established standards of the village.

(3)

Street trees. The subdivider shall provide for the planting of street trees on both sides of all roadways. Such trees shall have a trunk diameter of not less than 1 1/2 inches at the point one foot above the root system. The planting plan, quality and species of tree to be planted shall be approved by the plan commission.

(4)

Fire cisterns. Where municipal water is not provided, and where deemed necessary for the public safety, fire cisterns may be required to be provided, the number, size, and location of which shall be determined by the plan commission upon recommendation of the fire chief. A paved roadway providing reasonable access to such cistern, in accordance with standards established by the Village, shall also be provided.

(5)

Street signs. Street signs shall be provided at all intersections.

(6)

Erosion control. All open cuts of ground shall be returfed in a satisfactory manner. Sod shall be provided for any open cut subject to excessive erosion; which sod shall be laid in strips at intervals and at right angles to the flow of water in order to prevent erosion.

(Ord. No. 32-2015, § 1, 9-3-2015)

Unless the improvements are fully complete at the time of filing of the final plat, the subdivider shall file with the village clerk a cash deposit or letter of credit in a form approved by the village attorney and in an amount approved by the village engineer and the village board to amply cover the cost of completing said facilities and improvements. This cash or letter of credit shall be a guarantee to the Village of Summit that all of the foregoing improvements are properly constructed and completed to serve their intended purpose. The financial guarantee shall remain in effect for such period of time as required by the developer's agreement which shall be at least one year following the date that the Village of Summit has granted written, final approval for such completed improvements or as allowed by law. If the improvements will be completed prior to approval of the final plat, the financial guarantee may be in the form of a surety bond rather than cash deposit or letter of credit, if applicable law gives the developer that option, provided that the surety bond must be in a form approved by the village attorney and amount approved by the village engineer. (Amended 8-2-2005 by ord. no. 05-259)

(Ord. No. 32-2015, § 1, 9-3-2015; Ord. No. 26-2014, § 3, 10-26-2015)

The adequacy of such facilities and improvements and their proper installation shall be subject to the approval of the village board or its agent such as the village engineer. The village engineer shall enforce quality control and quality assurance pursuant to the standards described in the village engineer's quality control and quality assurance specifications, including such amendments as may be made thereto from time to time. The village engineer shall be authorized to withhold and/or forfeit funds from the financial guarantee and/or reject defective work as described in such street specifications.

In the event a subdivider disputes the quality control determinations made by the village engineer, the matter shall be referred to the village board for determination, and the village board's determination shall be final. (Amended 8-2-2005 by ord. no. 05-259)

(Ord. No. 32-2015, § 1, 9-3-2015)

In all instances where it shall appear to the satisfaction of the village board that the whole of a platted subdivision cannot immediately be fully improved with respect to the installation of the required improvements, by reason of unavoidable delay in the acquisition of lands necessary for such improvements, or by reason of the unavoidable delay in obtaining necessary engineering data and information, or for other good reason or cause, the village board may, in its sole discretion, authorize the subdivider to proceed with the installation of improvements required under this chapter on a portion or part of said subdivision and in such event, the requirements of this chapter shall apply to that portion or part thereof authorized for immediate improvement.

(Ord. No. 32-2015, § 1, 9-3-2015)

The following information shall be provided at the time of the preliminary consultation:

(1)

General. Information including data on existing covenants, land characteristics and available community facilities and utilities; and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, business areas, playgrounds, park and other public areas, tree planting, proposed protective covenants, and proposed utilities and street improvements.

(2)

Location map. A location map showing the relationship of the proposed subdivision to existing community facilities which serve or would be influenced by it, and including the development name and location; main traffic arteries; title, scale, North arrow, and date.

(3)

Proposed layout. A sketch plan showing in simple sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topography survey.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

The preliminary plat shall be drawn with waterproof nonfading black ink or legibly drawn with pencil on tracing cloth or tracing paper of good quality to a scale of 200 feet to an inch and shall show correctly on its face:

(1)

The date, scale, and North point.

(2)

The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Waukesha County.

(3)

The name and address of the owner, the subdivider, and the engineer or surveyor preparing the plat.

(4)

Location of the subdivision by government lot, quarter-quarter section, section, township, range, and county.

(5)

A small scale drawing of the section or government subdivision of the section in which the subdivision lies with the location of the subdivision indicated thereon.

(6)

The exact length and bearing of the exterior boundaries of the subdivision.

(7)

Location and names of adjacent subdivisions and the owners of adjoining parcels of unsubdivided land.

(8)

Zoning on and adjacent to the subdivision.

(9)

Location, widths, and names of all existing and platted streets, alleys, or other public ways and easements, railroad and utility rights-of-way, parks, cemeteries, watercourse, drainage ditches, permanent building, bridges, and other pertinent data as determined by the plan commission.

(10)

The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations of such lakes or streams.

(11)

If the subdivision borders a lake or stream the distances and bearing of a meander line established not less than 20 feet back from the ordinary high water mark of the lake or stream.

(12)

Layout, width, and approximate grades of all new streets and rights-of-way, such as alleys, highways, easements for drainage, and other public utilities.

(13)

Approximate dimensions of and areas of lots.

(14)

Proposed building lines.

(15)

Approximate radii of all curves and length of tangents.

(16)

Approximate location and area of property proposed to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation.

(17)

Contours at two-foot vertical contour intervals, or at more frequent intervals if required by the plan commission for land of unusual terrain characteristics. All pertinent elevations should be shown and shall be based on local datum.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Compliance with Wis. Stats. § 236.20. A final plat of subdivided land shall comply with the requirements of Wis. Stats. § 236.20, which is hereby adopted by reference.

(b)

Legibility of affidavits. The affidavits and certificates required by Wis. Stats. ch. 236, shall be lettered or printed legibly with black durable ink or typed legibly with black ribbon on the final plat.

(c)

Duplicate tracing. A duplicate tracing of the final plat shall be filed with the plan commission.

(Ord. No. 32-2015, § 1, 9-3-2015)

In order that adequate spaces and sites for public uses may be properly located and preserved as the community develops; and in order that the cost of providing the public school, park, and recreation sites and facilities necessary to serve the additional families brought into the community by subdivision development may be most equitably apportioned on the basis of the additional need created by the individual subdivision development, the following provisions are established.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Design consideration. In the design of the plat, consideration shall be given to the adequate provision of the correlation with such public sites or open areas.

(b)

Reservation may be required. Where it is determined by the plan commission that a portion of the plat is required for such public sites or open spaces, the subdivider may be required to reserve such area for a period not to exceed three years, after which the village shall either acquire the property or release the reservation.

(Ord. No. 32-2015, § 1, 9-3-2015)

(a)

Required. Where feasible and compatible with the comprehensive plan for the development of the community, the subdivider shall provide and dedicate to the public adequate land to provide for the public buildings, park and recreation needs of the subdivision.

(b)

How determined. The amount of land to be provided shall be determined on the basis of an amount of land equal in value to $400 per residential lot created by the subdivision, to be used for public buildings, park and recreation purpose. Such value shall be determined by the village assessor on the basis of full and fair market value of the land as unimproved and unsubdivided residential property. If the owner is not satisfied with such appraisal, he may appeal such determination; in which case an appraisal board consisting of one appraiser selected by the village, one selected by the property owner and a third selected by the two other appraisers shall determine the value. The value of land to be acquired is to be valued as it was before the land was developed.

(Ord. No. 32-2015, § 1, 9-3-2015)

Where such dedication is not feasible or compatible with the comprehensive plan, the subdivider shall in lieu thereof pay the village a fee equivalent to the value of the required dedication. Such fee shall be distributed as follows: $400 per residential lot created by the subdivision to be placed in a nonlapsing fund to be used for public buildings, park and recreation area development.

(1)

Limitation of use. Such fees shall be used exclusively for site acquisition or capital improvements.

(2)

Exemption. No payment shall be required for a lot, created by the division of land under this chapter, on which a residential structure already exists, or which is a residual parcel in excess of 10 acres and not intended for immediate sale or other conveyance.

(3)

Delayed payment. Payment may be in a lump sum or 50 percent paid at the time of plat approval and the balance placed in escrow, half to be paid within one year and the remaining half within two years.

(4)

Redivision. Where a lot or parcel for which payment has once been made is further divided; payment shall be required only for the additional lots or parcels created.

(5)

Certification. The required payment shall be made before the certification of approval may be affixed to the final plat.

(Ord. No. 32-2015, § 1, 9-3-2015)

The determination as to the feasibility of dedication shall be made by the village plan commission. The subdivider shall, however, have the option of choosing to make payment in lieu of dedication.

(Ord. No. 32-2015, § 1, 9-3-2015)

Where it is not practicable to require that a final plat of a subdivision created by successive divisions be filed in accordance with this chapter, the village board may in lieu thereof order an assessor's plat to be made under Wis. Stats. § 70.27, and may assess the cost thereof as provided in such section or to the subdivider.

(Ord. No. 32-2015, § 1, 9-3-2015)

Regardless of the type of plat filed any such subdivision shall comply with all provisions of this chapter to the extent that they may reasonably be applied.

(Ord. No. 32-2015, § 1, 9-3-2015)

In the case of a lot of record at the time of the passage of this chapter which does not conform to chapter 111, Zoning, of the Code of the Village of Summit, and which adjoins along a side lot line property held in the same ownership, no such lot shall be conveyed to another owner nor shall building permit be issued for a structure on such lot except in conformity with the following:

(1)

Petition for determination. The owner of such substandard lot may, at any time prior to the proposed conveyance of such lot or request for building permit, petition the village for determination as to the status of such lot.

(2)

Referral to Plan Commission. Such petition shall be referred to the plan commission for a study to determine the practical possibility of a redivision of such ownership to provide lots which will be in conformity with chapter 111, Zoning, of the Code of the Village of Summit.

(3)

Time limit. The Plan Commission shall make its recommendation to the village board within 40 days of the date the petition was received and the village board shall act within 20 days to give the petitioner a determination.

(4)

Criteria. The Plan Commission in making its recommendation and the village board in making its determination shall give consideration, among others, to the following factors:

a.

Compatibility. The size, quality, and character of existing lots and building development in the immediate area with a view to maintaining compatibility and protecting existing values.

b.

Sewage disposal. Where public sewer is not available, the lot size necessary to insure safe sewage disposal.

c.

Practicability. The economic and engineering practicality of any possible redivision.

d.

Hardship. The degree of practical hardship which may be imposed upon the owner.

(5)

Method of redivision. Such redivision may be accomplished as is most appropriate by:

a.

Vacation and replatting of all or a part of a recorded plat.

b.

Combining of lots or parts of lots.

c.

Redefining of lot lines by a plat of "other divisions" as provided by § 109-7 of this chapter.

(Ord. No. 32-2015, § 1, 9-3-2015)

For the purposes of this article, lots and property shall be considered in the same ownership when owned by the same individual or corporation; an individual and another in joint tenancy, or as tenants in common, and either of said joint or common tenants owns other lots individually or as joint tenant or tenant in common with another; an individual and other lots are owned by his spouse, parents, grandparents, children, grandchildren, or the spouse of any child or grandchild, or a brother or sister or spouse of a brother or sister of such person; and when any of said lots are owned by an individual and other lots are owned by a corporation in which said individual is an officer or director or controlling stockholder.

(Ord. No. 32-2015, § 1, 9-3-2015)

No building or occupancy permit shall be issued for a new building on a lot which did not exist as a described and recorded parcel prior to the date of this chapter, or was not created by recorded subdivision pursuant to state statute or by a recorded plat pursuant to provisions of this chapter.

(Ord. No. 32-2015, § 1, 9-3-2015)

When, in the judgment of the plan commission or the village board, it would be inappropriate to apply literally a provision of this chapter because extraordinary hardship would result, it may waive or vary such provisions so that substantial justice may be done and the public interest secured, provided that in no event shall the requirement of filing and recording the plat or survey map be waived.

(Ord. No. 32-2015, § 1, 9-3-2015)

Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, of the Code of the Village of Summit. Each day a violation exists or continues shall constitute a separate offense. In addition, the remedies provided by Wis. Stats. §§ 236.30 and 236.31, shall be available to the village.

(Ord. No. 32-2015, § 1, 9-3-2015)