HomeMy WebLinkAboutOrdinance 1991 (272) . .
SUBDIVISION ORDINANCE
ORDINANCE NO. (c
ST. CROIX COUNTY, WISCONSIN
WHEREAS, St. Croix County adopted a subdivision ordinance on November 14,
1967, which was amended on November 15, 1976 and October 1, 1986; and
WHEREAS, the Comprehensive Planning, Zoning and Parks Committee
recommends another amendment to make the subdivision ordinance more responsive to
present needs;
NOW, THEREFORE, BE IT ORDAINED by the St. Croix County Board of
Supervisors, meeting in regular session, that the ordinance attached herewith, entitled "St.
Croix County Land Use Regulations, Chapter 18, Subdivisions," is hereby adopted.
NEGATIVE this day of a
, 1991.
OFFERED BY: COMPREHENSIVE PLANNING, ZONING AND PARKS
COMMITTEE
AFFIRMATIVE
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STATE OF WISCONSIN
COUNTY OF ST. (.
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Sue E. Nelson, St. Croix County Clerk
• 1
ST. CROIX COUNTY
LAND USE REGULATIONS
CHAPTER 18
SUBDIVISIONS
ST. CROIX COUNTY LAND USE REGULATIONS
CHAPTER 18
SUBDIVISIONS
TABLE OF CONTENTS
18.01 PURPOSE 1
18.02 AUTHORITY 1
18.03 DEFINITIONS 1
18.04 COMPLIANCE AND REQUIREMENTS 3
18.05 EXEMPTIONS 4
18.06 ABROGATION AND GREATER RESTRICTIONS 5
18.07 INTERPRETATION 5
18.08 DISCLAIMER OF LIABILITY 5
18.09 SEVERABILITY 6
18.10 REPEAL 6
18.11 APPLICATION AND REVIEW OF PRELIMINARY PLATS FOR MAJOR
SUBDIVISIONS 6
18.12 PROCEDURE FOR PRELIMINARY PLAT REVIEW AND ACTION BY THE
COMMI'11'EE ON MAJOR SUBDIVISIONS 12
18.13 APPLICATION AND REVIEW OF FINAL PLATS FOR MAJOR
SUBDIVISIONS 13
18.14 MINOR SUBDIVISIONS 16
18.15 REPLATS 17
18.16 DESIGN STANDARDS FOR MAJOR AND MINOR SUBDIVISIONS 17
18.17 REQUIRED LAND DEDICATIONS OR PAYMENTS IN LIEU OF
DEDICATIONS FOR MAJOR AND MINOR SUBDIVISIONS 28
18.18 REQQUIRED INSTALLATIONS FOR MAJOR AND MINOR
SUBDIVISIONS 29
18.19 CONSTRUCTION AND MAINTENANCE GUARANTEES 29
18.20 CONSTRUCTION WITHIN SUBDIVISIONS 31
18.21 VARIANCES TO DESIGN STANDARDS 31
18.22 FEES 32
18.23 VIOLATION AND PENALTIES 35
APPENDICES 37
•
CHAPTER 18
SUBDIVISIONS
18.01 PURPOSE
The purpose of this Chapter is to regulate and control subdivision development
within St. Croix County in order to promote the public health, safety, general welfare,
and aesthetics. Among other ways, this can be accomplished by: requiring an orderly
layout and use of land; preventing undue concentrations of population; preventing
congestion on highways, roads and streets; securing safety from fire, panic and other
dangers; requiring adequate light and air; facilitating the adequate provision of water,
sewer, transportation and surface drainage systems; and schools, parks, playgrounds
and other public facilities.
18.02 AUTHORITY
(A) This Chapter is adopted under the authority granted by Chapters 236 and 144,
and secs. 59.97 and 87.30, Wisconsin Statutes.
(B) The County planning agency also has the authority to require submittal of
copies of a p or fina plat within a vi or city i to determine if i
h as any obje to the plat o n th basis o co w ith park, p
e ma h a irp o rts, dr ch schools, o othe
pl public d evel o pments, p ursu an t to sec 236.12 W sco ns in S
18.03 DEFINITIONS
For purposes of this Chapter, certain words or phrases used herein are defined as
follows:
(A) Certified survey map. A map showing division of land prepared in accordance
with sec. 236.34, Wisconsin Statutes, and this Chapter;
(B) Committee. The St. Croix County Comprehensive Planning, Zoning and
Parks Committee. The Committee is the County planning agency under sec.
236.45(2)(a), Wisconsin Statutes, and has professional staff charged with
administering planning legislation described in sec. 236.10, Wisconsin Statutes;
(C) Extraterritorial subdivision approval jurisdiction. The unincorporated area
within three (3) miles of the corporate limits of a city of the first, second or
third class if the city has a subdivision ordinance or official map, or within one
and one half (1 -1/2) miles of the corporate limits of a city of the fourth class
or a village if the city or village has a subdivision ordinance or official map;
4/19/91 St. Cro County 1
18.03 Subdivisions
(D) Lot. A parcel of land numbered in sequence with other parcels shown on a
plat or certified survey map.
(E) Major subdivision. A subdivision creating five or more lots within a 5 -year
period from a parcel of land existing on November 15, 1974;
(F) Minor subdivision. A subdivision creating not more than four lots within a 5-
year period from a parcel of land existing on November 15, 1974;
(G) Navigable waters. Waters deemed navigable under the navigable -in -fact
principle of Chapter 30, Wisconsin Statutes;
(H) Net buildable project area. The area of a lot exclusive of wetlands,
floodplains, ponds, lakes, drainageways, road rights -of way or easements,
slopes of 20% or greater, or other regulated slopes, and other sensitive areas.
(I) Outlot. A parcel of land, other than a lot or block, so designated on a plat
or certified survey map for purposes other than building development.
(J) Parcel. Contiguous land not separated by public roads or railroad rights -of-
way. Creation of private or public roads or railroad rights -of -way after the
effective date of this Chapter, April 19, 1991, does not create separate parcels
eligible for treatment under the minor subdivision provisions of this Chapter;
(K) Plat. A map of a major subdivision;
(L) Road. A public or private way for vehicular traffic. When a way serves three
or more lots, it shall be deemed a road for purposes of this Chapter and shall
be a dedicated public road.
(Note: This ordinance also establishes standards for private roads serving
fewer than three lots.);
(1) Arterial roads provide for rapid movement of high volumes of traffic
between areas;
(2) Collector roads provide for moderate speed movement and medium
volumes of traffic and distribute traffic from arterial roads;
(3) Local roads provide for low volumes of traffic and distribute traffic to
collector and arterial roads;
(a) Cul -de -sac roads are closed at one end with turn - arounds;
(b) Dead -end roads are closed at one end.
2 St. Croix County 4/19/91
Subdivisions 18.04
(M) Shoreland area. All land within 300 feet of a shore of a navigable river or
stream and within 1,000 feet of a shore of a navigable lake, pond, or flowage
or to the landward side of the flood plain, whichever is greater;
(N) State subdivision. The division of a lot, parcel or tract of land by the owners
thereof, or their agents, for the purpose of transfer of ownership or building
development where the act of division creates five (5) or more parcels or
building sites of one and one -half (1 -1/2) acres each or less in area, or where
the act of division creates five (5) or more parcels or building sites of one and
one -half (1 -1/2) acres each or less in area by successive division within a
period of five (5) years;
(0) Subdivider. Any person, partnership, corporation, or other entity creating a
subdivision;
(P) Subdivision. A division of a lot, parcel or tract of land by the owner or the
owner's agent for the purpose of transfer of ownership or building
development where the act of division creates or results in one or more
parcels or building sites of 35 acres or less in area. A subdivision can be
created by the following means (not an exclusive list):
(1) Recording a plat or certified survey map;
(2) Recording any other document or instrument that creates a parcel not
previously created pursuant to this Chapter or its predecessor;
(3) Foreclosure of a mortgage or a land contract if the foreclosure creates
and /or conveys a parcel not previously created pursuant to this
Chapter or its predecessor. This subsection is not to be construed as
endorsing a policy encouraging rezoning or subdividing of a parcel as
a prerequisite to obtaining a mortgage when inconsistent or
incompatible with surrounding zoning or uses.
18.04 COMPLIANCE AND REQUIREMENTS
(A) No person, partnership, corporation or other entity shall subdivide any land
in the unincorporated areas of the County subject to this Chapter without
complying with all of the following:
(1) Chapters 236 and 144, secs. 59.97 and 87.30, Wisconsin Statutes;
(2) Rules of the Wisconsin Department of Agriculture, Trade and
Consumer Protection (DATCP) regarding that agency's administration
of secs. 236.13(2m), 236.15, 236.16, 236.20, and 236.21(1) and (2),
Wisconsin Statutes.
4/19/91 St. Croix County 3
18.05 Subdivisions
(3) Rules of the Wisconsin Department of Industry, Labor and Human
Relations (DILHR) regulating lot size and lot elevation if the land
being subdivided is not served by a public sewer and provisions for
such service have not been made (ILHR 85, Wis. Adm. Code);
(4) Rules of Wisconsin Department of Transportation (WISDOT) relating
to safety of access and the preservation of the public interest and
investment in the highway system if the land owned or controlled by
the subdivider abuts on a state trunk highway or connecting road (Hwy
33, Wis. Adm. Code);
(5) Rules of the Wisconsin Department of Natural Resources (DNR)
regulating development within floodland, wetland, and shoreland areas
(NR 115, 116, 118, Wis. Adm. Code);
(6) Duly approved comprehensive plan or comprehensive plan component
of the County. Review consideration shall be given to town plans, but
it shall be primarily the responsibility of the town to enforce such
plans;
(7) All County land use regulations, including this Chapter, and all other
applicable local and County regulations;
(8) Dedication of lands for streets, highways, and parkways, parks,
playgrounds, waterways and public transit facilities. Whenever a parcel
of land to be divided within the jurisdiction of this Chapter
encompasses all or any part of a road, highway, parkway, park,
playground, waterway or public transit facility which has been
designated on a duly adopted village, town or County comprehensive
plan, it shall be made a part of the subdivision and dedicated in the
locations and dimensions indicated in said plan and as set forth in sec.
18.17 of this Chapter;
(9) Regulations applicable to the St. Croix Riverway district and /or to the
banks, bluffs and blufftops of the Lower St. Croix River within the
Minnesota- Wisconsin Boundary Area Commission review authority, as
per sec. 17.36 of the County land use regulations.
18.05 EXEMPTIONS
(A) The following are exempt from this Chapter:
(1) The creation of less than five parcels for purposes of executing terms
of a will or court order. The Committee shall periodically request the
local courts to order parties to obtain advisory review of land divisions
4 St. Croix County 4/19/91
Subdivisions 18.08
created by will or court order for compliance with this Chapter prior
to the issuance of a court order;
(2) Leases creating less than five parcels for terms not to exceed ten years;
easements; or mortgages;
(3) The sale or exchange of parcels of land which create less than five
parcels when the sale or exchange of the parcels is between owners of
abutting property if additional parcels are not thereby created and the
parcels resulting are not reduced below the minimum sizes required by
this Chapter or other applicable laws or regulations;
(4) Cemetery plats made under sec. 157.07, Wisconsin Statutes;
(5) Assessors' plats made under sec. 70.27, Wisconsin Statutes.
(B) The document, plat, or survey map shall identify the specific exemption
claimed. Anyone using an exemption described in this section shall be subject
to prosecution under this Chapter if the Committee subsequently determines
that the exemption was not available.
(C) A parcel created by virtue of any exemption under this section is not exempt
from other applicable regulations. Any parcel that does not satisfy the
standards of any regulation or law as to characteristics, such as parcel size or
dimension, standards governing waste disposal, or the like, shall not be
eligible for relief from such standards by variance or otherwise.
18.06 ABROGATION AND GREATER RESTRICTIONS
This Chapter does not repeal, abrogate, annul, impair, or interfere with easements,
covenants, agreements, rules, regulations or permits. However, where this Chapter
imposes greater restrictions, the provisions of this Chapter shall govern.
18.07 INTERPRETATION
In their interpretation and application, the provisions of this Chapter shall be
liberally construed in favor of the County and shall not be deemed a limitation or
repeal of any other powers granted by the Wisconsin Statutes.
18.08 DISCLAIMER OF LIABILITY
The County does not guarantee, warrant, or represent that only those areas
delineated as floodlands on plats and certified survey maps will be subject to periodic
inundation. Nor does the County guarantee, warrant, or represent that the soils
shown to be unsuitable for a given land use from tests required by this Chapter are
4/19/91 St. Croix County 5
18.11 Subdivisions
the only unsuitable soils on the parcel. The County asserts that there is no liability
on the part of the County, its agencies, or employees for flooding problems,
sanitation problems, or structural damages that may occur as a result of reliance
upon, and conformance with, this Chapter.
18.09 SEVERABILITY
If any section, provision or portion of this Chapter is determined to be invalid by a
court of competent jurisdiction, the remainder of this Chapter shall not be affected
thereby.
18.10 REPEAL
All other chapters or parts of chapters of County regulations inconsistent or in
conflict with this Chapter, to the extent of inconsistency or conflict only, are hereby
repealed.
18.11 APPLICATION AND REVIEW OF PRELIMINARY PLATS FOR MAJOR
SUBDIVISIONS
(A) Pre - application meeting.
(1) Before applying for approval of a preliminary plat, the subdivider or
agent shall meet with the County Zoning Administrator or other staff
to receive advice and assistance, and review the procedures and
requirements of this Chapter, other regulations, and any plans or data
which may affect the proposed development.
(2) The subdivider shall bring a sketch - concept drawing of the proposed
subdivision to the pre - application meeting, along with a USGS
quadrangle map and County soils map for the proposed subdivision
and relevant adjacent land. As part of the pre - application review, the
proposal may be referred to DNR or other appropriate state agencies
for review and comment. Pre - application procedures shall include a
site visit by staff unless waived by staff. Pre - application procedures
shall be completed within 30 days of submittal of the sketch plan and
descriptive material unless extended by written agreement of the staff
and subdivider. The s aff shall prepare a file memorandum on the
pre - application review. A copy shall be sent to the applicant and
provided to the Committee. Because the project submittal is
conceptual, nothing communicated by staff in the course of the pre -
application review shall be binding on staff or the Committee.
(3) A principal function of the pre - application procedure shall be to review
the concept of the proposed subdivision, the characteristics of the
6 St. Croix County 4/19/91
Subdivisions 18.11
parcel proposed to be subdivided and relevant adjacent land to identify
and document suitability questions. Relevant adjacent land for
purposes of this review shall generally mean other land within the
watershed and other land between the perimeter edges of the proposed
subdivision and the nearest public roads. The pre - application
memorandum shall specifically identify any portions of the proposed
subdivision that are unsuitable for subdivision or unsuitable for uses
proposed.
(B) Preliminary plat application.
(1) Preliminary plat review begins after the staff memorandum on the pre -
application review is filed. If a preliminary plat and accompanying
materials are submitted prior to completion of pre - application review,
the application shall be received, but preliminary plat review shall not
commence until completion of the pre- application review.
(2) The preliminary plat shall cover the entire contiguous area owned or
controlled by the subdivider even if only a portion is proposed for
development. The preliminary plat application shall show or identify
the original parcel of which the proposed subdivision was part on
November 15, 1974, and the present status of the remainder of the
original parcel as it existed on November 15, 1974. Each preliminary
plat shall be based upon a boundary survey by a registered land
surveyor at a scale of not more than 100 feet to one inch and shall
show the data identified below on its face or in accompanying
materials:
(a) The date, graphic scale and north point;
(b) The name of the proposed plat;
(c) The name, address and telephone number of the subdivider
an d, if different, the person to be contacted regarding the plat;
(d) The owner of record and the identity of any proposed contract
purchaser;
(e) The location of the plat by government lot, quarter - quarter
section, section, township, range and County noted immediately
under the name of the subdivision. The location of the plat
shall be indicated by bearing and distance from a boundary line
of a quarter section in which the subdivision is located. The
monumentation at the ends of the boundary line shall be
described and the bearing and distance between them shown;
4/19/91 St. Croix County 7
18.11 Subdivisions
(f) A scale drawing of the exterior boundaries of the proposed
subdivision referenced to a line established in the U.S. Public
Lands Survey, and the total acreage encompassed thereby;
(g) The location and names of adjacent plats, certified survey maps,
parks, and cemeteries, underscored with a dotted or dashed
line;
(h) The location, rights -of -way width and names of any existing
roads, or other public ways, easements, railroad or utility rights -
of -way, and any existing access control limitations included
within or adjacent to the proposed plat, underscored with a
dotted or dashed line;
(i) The location of existing property lines, buildings, drives, streams
and water courses, ponds, lakes, wetlands, rock outcrops,
wooded areas, and other significant features within the
proposed subdivision;
(j) The water elevations of adjoining lakes, ponds or streams at the
date of the survey, and the ordinary high water mark; typical
stream valley cross - sections, stream channels, flood areas from
"HUD" maps and floodplain zoning maps. Ordinary high water
marks shall be verified by DNR or its designated agent;
(k) The contours at vertical intervals of not more than two (2) feet
for a slope less than 20% and five (5) feet for a slope of 20%
or more. Land areas with 20% slope and lands with greater
than 12% but less than 20% slope shall be differentially shaded
or otherwise clearly indicated;
(1) Existing land use and zoning within and adjacent to the
proposed subdivision;
(m) The location and dimensions of all land proposed to be
dedicated for parks, playgrounds and drainageways;
(n) An aerial photograph or map prepared by a registered land
surveyor or engineer accurately showing the location of the
proposed subdivision with respect to wetlands, as defined by
sec. 23.32, Wisconsin Statutes, and mapped by DNR pursuant
to that statute, and any other wetlands in fact, slopes of 20% or
greater, and soils denominated as moderate to severe as listed
in "Table 10, Interpretations of Engineering Properties of the
8 St. Croix County 4/19/91
Subdivisions 18.11
Soil, Soil Survey, St. Croix County ". The staff may require
additional soils information if deemed necessary;
(o) Dimensions, size and numbers of all lots. When assigning lot
numbers, lot numbers shall not be repeated in any quarter -
quarter section or government lot. Where applicable, size shall
be indicated with inclusion and exclusion of rights -of -way and
areas below the ordinary high water mark of navigable waters;
(p) A list showing the following information for each proposed lot:
intended land use; intended zoning; required minimum lot area
and lot widths under intended zoning; net buildable project
area; and identification that the net buildable project area
extends to a portion of the lot abutting a road with such area
being sufficient to carry a driveway. Through sketches or other
means, all required setbacks shall be identified for each lot and
locations of all soil borings or percolation tests shall be shown
with cross- reference to test results within soil test forms (EH
44) or other report documents;
(q) Specific identification of all proposed outlots, indicating purpose
and proposed ownership and control. Any outlot owned by a
homeowners association or commonly owned, and any private
road serving two lots, shall have deed restrictions or covenants
enforceable by the County against all lots within the subdivision
providing for assessments against the lots within the subdivision
for taxes and maintenance of the road. The Committee shall
review such proposed deed restrictions or covenants, and
approve if acceptable. The Committee may require the
subdivider to reimburse the County for the expense of a legal
opinion from the County corporation counsel or outside counsel
confirming the enforceability of the deed restrictions or
covenants in the name of the County. All legal and other
expenses for such enforcement shall be assessed against the lots
within the subdivision. Similar review and approval, and the
expense of a legal opinion, shall apply to any other deed
restrictions or covenants. The plat shall reference these deed
restrictions;
(r) Identification, location and dimensions of all proposed parks or
parkways, or other public or common areas. In an
accompanying document, the subdivider shall indicate how
these areas are proposed to be owned, managed and
maintained;
4/19/91 St. Croix County 9
18.11 Subdivisions
(s) Existing road access restrictions. These shall be explained
within the application material, and noted on the face of the
plat;
(t) Storm water management and erosion control data and plans.
Such plans shall be based upon a 25 year storm event and also
be based upon the publication, "Wisconsin Construction Site
Handbook, Department of Natural Resources, April 1, 1989,
Publication WR- 222 -89 ", and as subsequently revised. Erosion
control plans for public and private roads shall follow the
standards of Section 107.20 of the publication, "Wisconsin
Department of Transportation Standard Specifications for Road
and Bridge Construction ", and as subsequently revised. Storm
water management and erosion control plans shall be submitted
over the signature and seal of a registered professional engineer
or surveyor. The application materials shall require the
registered professional engineer or surveyor to commit to
oversee installation of all storm water management and erosion
control features shown on the approved plans, and to certify
over the professional seal of the registered professional
engineer or surveyor that the as built" conditions substantially
conform with the approved plans. This certification shall not
release the subdivider from the responsibility to construct in
accordance with approved plans until town and County
inspections have been made, and approval of "as built"
conditions has been given by the public agencies;
(u) Wetlands, floodplains and lands within shoreland jurisdiction
proposed for filling and grading;
(Note: Wetlands depictions on final plats shall be based on
field identification and on -site staking done by or at the
direction of the County Zoning Administrator or DNR.
Floodplain boundaries are to be based on maps approved by
the County Zoning Administrator.)
(v) Maps and other data from existing sources showing topography,
land use, watershed features and public and private roads
within the proposed subdivision and relevant adjacent lands. In
addition, the subdivider shall submit more detailed data for the
proposed subdivision and lands immediately contiguous and
within 100 feet of the proposed subdivision. This more detailed
data shall include two foot contour topographic mapping,
identification of floodplains, wetlands, soils with limiting
characteristics for development of roads, buildings or on -site
10 St. Croix County 4/19/91
Subdivisions 18.11
waste disposal systems, lands within the Lower St. Croix
Riverway district, waterbodies and watershed features, erodible
soils, historic and archeological features and any other limiting
features or characteristics;
(w) An overlay map of sensitive areas;
The subdivider shall combine the data required herein on
sensitive areas (wetlands, waterbodies, floodplains, steep slopes,
historic and archaeological features, drainageways and drainage
basin features, erosion control features, problem soils and the
like) with staff pre - application comments and relevant design
standards and shall produce an overlay map and report
explaining how the sensitive areas are to be handled. The
policy of the County shall be to have such areas placed within
lots, consistent with the one acre buildable area standard of sec.
18.16(6)(b), and subject to conservation easements, deed
restrictions or covenants approved by and enforceable by the
County. The Committee shall review and approve this report;
(x) Locations and widths for all driveways and roads, and
construction plans and specifications for roads serving two or
more parcels.
(y) A location on each lot that will accommodate an on -site waste
disposal system as indicated by bore holes and /or percolation
tests.
(3) The Committee may require any additional data or detail relevant to
review. Descriptive data shall be sufficiently precise to allow the
Committee to determine compliance. Existing features shall be shown
as such by distinctive underscoring or other identifiers.
(4) Descriptions of elements of a subdivision in a preliminary plat or
survey map are acknowledged to be less precise than the final plat or
map. Final plat descriptions of lot boundaries may not differ from
preliminary descriptions by more than 10 percent of any dimension
without resubmittal of the preliminary. Final plat description of
wetlands shall be based upon on -site staking by the County Zoning
Administrator or DNR. Final plat descriptions of net buildable areas
shall also be based upon on -site staking.
4/19/91 St. Croix County 11
18.12 Subdivisions
18.12 PROCEDURE FOR PRELIMINARY PLAT REVIEW AND ACTION BY THE
COMMITTEE ON MAJOR SUBDIVISIONS
(A) The subdivider shall submit two (2) legible copies of the preliminary plat to
the County Zoning Administrator and two (2) legible copies for each of the
reviewing agencies listed in (B), below, to the County Zoning Administrator.
The final plat may be submitted and processed contemporaneously. To be
considered a valid submittal, the application shall include a written response
from the subdivider to any issues raised at the pre - application conference.
(B) The Zoning Administrator shall transmit copies of the preliminary plat as
follows:
(1) Two (2) copies to the Wisconsin Department of Agriculture, Trade and
Consumer Protection (DATCP);
(2) Two (2) copies to WISDOT if the subdivision abuts or adjoins a state
trunk highway or a connecting road;
(3) Two (2) copies to DNR if shorelands or floodplains are contained
within the proposed subdivision;
(4) Two (2) copies to the Minnesota - Wisconsin Boundary Area
Conunission, if the subdivision is within the St. Croix Riverway district;
(5) Two (2) copies to DILHR if the subdivision is not served by a public
sewer and provision for such service has not been made ( DILHR may
not require copies);
(6) Two (2) copies to any city or village having extraterritorial subdivision
approval jurisdiction;
(7) Two (2) copies to the towns) within which the proposed subdivision
is located;
(8) Two (2) copies to the County Land Conservation Committee;
(C) The County Zoning Administrator shall notify each agency listed in (B)(1) -
(5) when the copies are sent that it has 45 days from receipt to submit
comments to the County Zoning Administrator.
(D) In the alternative, the subdivider may distribute the required copies. Written
verification of the distribution shall be provided to the County Zoning
Administrator. These distributions shall be acceptable only if they include the
12 St. Croix County 4/19/91
Subdivisions 18.13
written communication from the County Zoning Administrator required by
Paragraph (C).
(E) Staff shall issue a written evaluation report on all relevant aspects of the
preliminary plat within 30 days of submittal, with copies made available to the
town(s), the Committee and the subdivider.
(F) Within sixty (60) days from the date of submittal, the Committee shall
approve, approve conditionally, or reject the preliminary plat. The Committee
shall not approve the plat unless the state agencies have issued approvals or
have notified the Committee that the agencies have no objection to the plat
or unless the approval or non - objection has been deemed to occur by state
law. The Committee shall not approve the plat until action has been taken
by the town(s) in which the proposed plat is located. Proof of action must be
verified in writing by the town clerk. In the event that a town took action
before it received the staff report, the Committee shall request the town to
review the staff report and notify the Committee of its action. Action by the
Committee may be postponed past the 60-day limit until written notification
of town action is received, or by written agreement between the Committee
and the subdivider, or upon a determination by the Committee that additional
information is required. A postponement to await action by the town shall
not exceed 40 days. If the town has not acted within the 40 days, the
Committee shall then act without town action.
(Note: Postponements shall not constitute approval. Plats meeting the
statewide definition of subdivision in sec. 236.02(12), Wisconsin Statutes, shall
be subject to the provisions of sec. 236.11, Wisconsin Statutes, with respect to
time available for review and approval of the preliminary plat.)
(G) The written determination of the Committee shall be sent to the town(s) in
which the proposed subdivision is located.
18.13 APPLICATION AND REVIEW OF FINAL PLATS FOR MAJOR SUBDIVISIONS
(A) The subdivider shall submit two (2) legible copies of the final plat and
accompanying materials to the County Zoning Administrator and two (2)
legible copies for each of the agencies referred to in (F), below, to the County
Zoning Administrator.
(B) The final plat shall conform to all conditions placed on the preliminary plat
by the Committee.
(C) The following standards apply to the legibility of documents.
4/19/91 St. Croix County 13
18.13 Subdivisions
(1) Plats shall be drafted on media in conformity with a binding margin of
1 -1/2" on the left side and a 1" margin on all other sides;
(2) The medium shall be either:
(a) double matt polyester film not less than 4 mil thickness
reproduced with photographic silver hyaloid image; or
(b) muslin- backed white paper.
(3) Drawings shall have exterior boundaries and block boundaries drawn
with 0.50 MM or heavier lines;
(4) Lot, outlot, easement boundaries and chords, contours and other
graphically represented lines shall be drawn with 0.30 MM or heavier
lines;
(5) Other graphically represented information which is not required to be
shown pursuant to this Chapter or other statute, regulation or code,
may be drawn in lighter weight lines;
(6) Names of existing plats, certified survey maps, public lands, or areas
of general interest which are abutting or within the subject property
shall be identified with letters no smaller than 0.140" in height, and
underscored;
(7) All required lettering and numbering shall be no smaller than 0.080"
in height;
(8) No lettering or numbering shall be smaller than 0.050" in height;
(9) All information on plats shall be clear and legible enough to be
capable of legible photocopying and microfilming by equipment used
in the County Register of Deeds office;
(10) For plats to be acceptable for recording, they cannot be produced by
means of a Diazo process, an electrostatic process (photocopying), or
a stick -on process utilizing acetate;
(11) The plat shall show the name of the person responsible for drafting
that document as well as the name, stamp and signature of the
registrant under whose direction the map was prepared;
(12) When more than one sheet is used for any plat, each sheet shall be
consecutively numbered, shall show the relation of that sheet to the
14 St. Croix County 4/19/91
Subdivisions 18.13
other sheets, and shall bear the name of the owner, the land surveyor
responsible for its preparation, and the location of the subdivision by
government lot, quarter - quarter section, section, township, range and
county shown near the name or heading.
(D) The subdivider shall submit all proposed restrictive covenants or deed
restrictions in the final draft version. It is a condition of approval of a final
plat that the County Zoning Administrator receive two (2) copies of such
instruments after they are recorded, along with two (2) copies of the recorded
plat.
(E) If the final plat is not submitted within six (6) months of the approval of the
preliminary plat, the Committee may refuse to approve the final plat.
(F) The County Zoning Administrator shall transmit two (2) copies each to the
agencies listed in sec. 18.12(B)(1) -(8).
(G) The agencies to whom the final plat is sent shall be notified in writing that
their comments or reviews must be submitted to the County Zoning
Administrator within 30 days of receipt unless a shorter deadline is
established for "objecting agencies" under state law. The County Zoning
Administrator shall compile all comments and reviews and incorporate them
into a comprehensive report on the proposed final plat to the Committee.
(H) The Committee shall examine the final plat for conformance with the
approved preliminary plat, any conditions of approval of the preliminary plat,
this Chapter, and all laws, rules, regulations, comprehensive plans and
comprehensive plan components which apply to it. The Committee shall
approve, approve conditionally or reject the plat within 45 days of its
submission. Failure of the Committee to take action on the plat within 45
days shall be deemed approval unless other agencies have not responded
within the allowable time, there remain unsatisfied objections by other
agencies, or unless the Committee's review time has been extended by written
agreement with the subdivider.
(I) The Committee shall, at the time it approves, approves conditionally, or
rejects the plat, give written notice of its decision to the town(s) where the
proposed plat is located and any municipality having extraterritorial
subdivision approval jurisdiction. The Committee shall not approve the plat
u the state agencies have issued approvals or have notified the
Comm ittee that the agencies have no objection to the plat or unless the
approval or non - objection has been deemed to occur by state law.
(J) Approval by the Committee of the final plat shall terminate after 30 days
from the date of the last approval if the final plat is not recorded within that
4/19/91 St. Cr oix County 15
18.14 Subdivisions
time. Notice of this time limit shall be included within the inscription or
stamp of approval. If the notice is inadvertently omitted, however, the
termination shall still be effective.
(K) After the final plat has been approved by the Committee and required
improvements have either been installed, or an agreement and sureties
insuring their installation acceptable to the Committee have been filed, the
County Zoning Administrator shall certify the approval upon the plat. The
subdivider shall deposit $150.00 with the County Zoning Administrator prior
to certification of approval. The subdivider shall then record the plat with the
County Register of Deeds. When the subdivider brings two (2) copies of the
recorded plat and copies of all recorded covenants to the County Zoning
Administrator, the deposit shall be returned to the subdivider. If copies of
the recorded plat and other recorded documents are not provided to the
County Zoning Administrator within 45 days of the date of certification of
final approval, the deposit is forfeited to the County, since expiration of the
30 days without recording of the plat constitutes automatic termination of
County approval.
18.14 MINOR SUBDIVISIONS
(A) Minor subdivisions shall be processed under this section, following the same
application, review, and approval procedures of a major subdivision:
(Note: The fact that the proposed division creates four or fewer parcels does
not automatically create eligibility to employ the minor subdivision procedure
if prior or contemporaneous division of the parcel existing on November 15,
1974 precludes additional divisions through the minor subdivision procedure.)
(1) A pre - application conference shall be required between the subdivider
and staff. The staff may authorize a waiver of the pre- application
conference in full or in part. The staff may authorize waiver of the
two -foot contour intervals on the preliminary certified survey map
where such topographic information is deemed unnecessary.
(2) A preliminary certified survey map and accompanying application
materials shall be submitted for review and approval. The content of
the submittal shall be the same as for a preliminary plat. The process
of review by the County shall be the same as for a preliminary plat,
except that the process shall not include referral to state agencies. The
procedures and standards of sec. 18.12 and the standards of sec. 236.34,
Wisconsin Statutes, shall apply to a minor subdivision.
(3) A final certified survey map shall be submitted for each minor
subdivision. The procedures and standards of sec. 18.13 shall apply to
16 St. Croix County 4/19/91
Subdivisions 18.16
a minor subdivision. The form of the certified survey map shall
comply with sec. 236.34, Wisconsin Statutes, and shall also contain any
additional information required by the Committee at either the
preliminary or final review stage. If approved, the County Zoning
Administrator shall certify the approval on the final certified survey
map.
(B) Requirements of sec. 18.13(C) on legibility standards apply to certified survey
maps, except that:
(1) A certified survey map shall be on media in conformity with a binding
margin of 1 -1/2" on the left side or top (the 8 -1/2" dimension) and a
1/2" margin on all other sides;
(2) When both sides of the paper are to be used, the 1 -1/2" binding
margin shall be used for both sides at the end of the page which has
the holes punched;
(3) The medium can also be 36# or heavier high quality, watermarked
linen record paper or vellum.
18.15 REPEATS
(A) A replat is the change in the exterior boundaries of a previously platted
subdivision.
(B) A replat that does not alter areas dedicated to the public, or lots or outlots
owned in common by the owners of lots within the subdivision, shall be
processed as a subdivision under this Chapter. Whether it is processed as a
minor subdivision or a major subdivision depends upon the number of lots
created.
(C) A replat that proposes to alter lands dedicated to the public, or lots or outlots
owned in common by the owners of lots within the subdivision, shall be
similarly processed. The approval of the replat by the Committee shall be
conditioned upon approval by a court of the alterations of the areas dedicated
to the public, pursuant to secs. 236.40 - 236.44, Wisconsin Statutes.
(D) Changing the interior boundaries within a subdivision is a subdivision if the
change creates one or more parcels of 35 acres or less and is not a replat.
18.16 DESIGN STANDARDS FOR MAJOR AND MINOR SUBDIVISIONS
(A) The purpose of subdivision design is to create a functional and attractive
development, to minimize adverse effects on persons and land, and to ensure
4/19/91 St. Croix County 17
18.16 Subdivisions
that a project will be an asset to the community. To promote this purpose,
the subdivision shall conform to the standards of this section.
(B) In addition to standards set forth elsewhere in this Chapter, the County shall
determine compliance of the plat with secs. 236.15, 236.16, 236.20 and 236.21,
Wisconsin Statutes, for plats that are not reviewed by DATCP.
(C) General Design Standards.
(1) Subdivision design shall take into consideration existing local, County
and regional plans and existing and proposed developments in the
surrounding areas.
(2) Design shall be based on a site analysis. To the maximum extent
practicable, the design shall: preserve the natural features of the site;
avoid areas of environmental sensitivity; avoid adverse effects on
ground water and aquifer recharge; minimize any adverse effects of cut
and fill; avoid unnecessary impervious cover; prevent flooding; provide
adequate access to lots; minimize adverse effects of shadow, noise,
• odor, traffic, drainage, and utilities on neighboring properties;
minimize negative impacts on and alteration of natural features; avoid
risk of harm to persons and land.
(3) Topsoil stripped from within the subdivision may not be removed from
the subdivision until final land contours, topsoil finishing and seeding
is successfully completed.
(4) Soils evaluation shall be done on each lot to determine suitability for
an on -site waste disposal system.
(5) In reviewing a subdivision, the Committee may determine that sensitive
areas of the subdivision must be placed within non - buildable portions
of lots and must be either offered for dedication, or placed under
conservation easements, deed restrictions or covenants dealing with use
and management of these areas.
(D) Roads.
(1) The road system shall be designed to meet the following objectives:
to permit the safe, efficient, and orderly movement of traffic; to meet
the needs of the present and future population with a simple and
logical pattern; to respect natural features and topography; and to
present an attractive appearance.
18 St. Croix County 4/19/91
Subdivisions 18.16
(2) In the course of a subdivision review, the Committee may designate
roads as arterial, collector, or local roads. This decision shall be based
upon County or town plans for road networks. The Committee may
require any road to be constructed to the boundary of the subdivision.
The Committee may require special setbacks, screening and other
buffers along roads and may limit access along such roads. The
Committee shall require proof that the subdivider has given written
notice of the proposed locations of the roads to owners of all
contiguous lands.
(3) The number of intersections along arterial roads shall be held to a
minimum. Wherever practicable, the distance between such
intersections shall not be less than 1000 feet.
(4) Road jogs with centerline offsets of less than 150 feet shall be avoided.
(5) Not more than two roads shall intersect at one point.
(6) Roads shall be designed and constructed in accordance with sec.
86.26(1)(b), Wisconsin Statutes, and shall also satisfy the following:
(a) Design and related standards for town roads and private roads
which provide access to individual lots:
1. 4 -rod right -of -way minimum;
2. 18" culverts, or as otherwise specified, with a minimum
cover of one foot to the top of the sand lift. All culverts
shall be galvanized, corrugated steel pipe, pipe arch,
plate, or reinforced concrete pipe in conformity with
American Association of State Highway Transportation
Officials' (AASHTO) specifications;
3. 3' to 5' ditch bottom;
4. 31' minimum road width before gravel or base course;
5. 27' road width after base course;
6. 22' surface excluding shoulders;
7. 2' shoulders;
8. 12" sub base of sand, measured after being compacted;
4/19/91 St. Croix County 19
•
18.16 Subdivisions
9. 6" base of crushed limestone or 7" base of Wisconsin
grade #2 gravel, measured after being compacted;
10. Decomposable material shall not be used in
construction;
11. Shoulder slopes of 3:1 on fills to 3'; 2:1 maximum below
the top 3';
12. Fill slopes of 3:1 on fills to 3'; 2:1 maximum below top
3'•
13. Back slopes 3:1 or flatter desirable ; 2:1 maximum.
See Appendix A.
(b) Widths, radii and grades.
Arterial and Local Road, Driveway
Collector Public or Serving
Roads Private, Only One
Serving Lot
More Than
One Lot
Minimum Right -
n -ft ay width 80 66 66
Minimum Radius
of Curvature in
ft. from
Centerline for
Deflections of
7Q or More 300 200 100
Maximum Grade 8% 10% 12%
Maximum Grade
within 50 ft.
of 'T' Inter-
sections 2% 2% 2%
(7) The Committee shall examine the design of roads and driveways to
assure that lots are laid out in a way that will produce intersections,
grades and other features satisfying the following standards:
(a) The intersection angle of a driveway to a road, and a road to a
road, shall not be less than 75 degrees;
(b) The Committee may require intersection vision clearances;
20 St. Croix County 4/19/91
Subdivisions 18.16
(c) The elevation of the centerline of a driveway within 50 feet of
a road right -of -way shall not be more than 1 ft. above or below
the road elevation;
(d) Roads at the perimeter of the subdivision shall extend to the
subdivision boundary. Narrow strips of land between the road
and the subdivision boundary (spite strips) shall not be
permitted unless conditions under which the adjacent parcel can
be connected to the road are established;
(e) The vertical alignment of the centerline shall be based on the
minimum safe stopping sight distance in accordance with the
design standards of the AASHTO;
(f) A dead -end road shall not exceed 1000 feet in length. The
Committee may require that provision be made for the
extension of the dead -end road to the boundary of the
subdivision. This is in addition to the requirement that arterial
and collector roads be built to the boundary of the subdivision;
(g) A dead -end road serving three or more lots shall have a cul -de-
sac turn - around with a minimum right -of -way radius of 80 ft.
The traveled way within the cul -de -sac shall provide a minimum
radius of 49 ft. Appropriate arrangements shall be made for
those parts of a temporary turn- around outside of a road right -
of -way to revert to the abutting lot owners at such time as the
road shall be extended. Where cul -de -sacs are provided, the
right -of -way line connecting the road right -of -way with the 80 ft.
cul -de -sac bulb radius shall be 80 feet in radius;
(h) The planning, location and designations of roads in an area
shall not allow the continuation of traffic from residential
developments directly into commercial or industrial
developments or vice versa;
(i) The Committee may require joint driveways, particularly on cul-
de -sacs;
(j) A road serving two or more lots must be designed and
constructed according to the standards of this Chapter. A road
serving three or more lots must be dedicated to the town as
well as being designed and built to the standards of this
Chapter.
See Appendix A.
4/19/91 St. Croix County 21
f
18.16 Subdivisions
(8) Road names.
(a) The Committee must approve the naming and /or numbering of
roads. Existing County or town programs for naming or
numbering shall be used;
(b) Where a road maintains the same general direction except for
curvilinear changes for short distances, the same name shall be
used for the entire length of the road;
(c) A road which is not presently a through road due to intervening
land over which a road extension is planned shall use the same
name for existing and planned sections;
(d) The name of the projection of a road shall use the same prefix
as the road even if the projection terminates in a cul -de -sac;
(e) Approval of road names on a preliminary plat or preliminary
certified survey map will not reserve the road name, nor shall
it be mandatory for the Committee to accept it at the time of
final subdivision approval;
(f) All road names shall be consistent with County land use
regulations.
(E) Utility Easements.
(1) The subdivider shall provide the Committee with correspondence from
all relevant utility companies identifying their needs, if any, for
easements. Easement areas shall be identified on the plat or certified
survey map unless the Committee determines that the easement is not
necessary or consolidates easement areas. Committee decisions shall
be provided to the utility companies for review and comment. The
Committee may designate areas reserved for easements.
(2) As a general rule, the width of easements shall be 12 ft., 6 ft. of which
shall be on each side of the easement running along a joint lot line.
(3) Lots shall be served by underground electric, gas, telephone, and cable
television lines, if available, unless waived by the Committee. Land
disturbed by installing the lines shall be stabilized by the subdivider.
(4) Where utility lines are to be installed underground, the easement shall
be graded to within six (6) inches of the final grade by the subdivider.
Fill, piles or mounds of dirt shall not be stored on the easement.
22 St. Croix County 4/19/91
Subdivisions 18.16
(5) All utility lines for electric, telephone and cable television, when
carried overhead on poles, shall be placed in utility easements unless
waived by the Committee.
(6) Utility lines and equipment within an easement, whether overhead or
underground, shall not be closer than one (1) ft. to a lot line or three
(3) ft. to any survey monument.
(7) Where a subdivision is served by an existing overhead line, the line
may be utilized and improved with the approval of the Committee.
(8) The Committee may require the subdivider to produce a commitment
from utility companies that the timing of utility work will be
coordinated with the installation of erosion control measures. Deposits
for performance guarantees for erosion control work shall be held until
all utility work is done.
(9) Vegetative screens shall not be planted in utility easements and vision
triangles.
(F) Drainageway easements.
Where a subdivision is traversed by a water course, drainageway, channel or
stream, adequate drainageway easements shall be provided. In most instances,
the property covered by a drainageway easement shall be privately owned as
a part of a lot(s). The location, width, alignment and grading of such
easements shall be designed to accommodate the anticipated discharge from
the property being subdivided and also the anticipated runoff that will occur
from property at a higher elevation in the drainage basin when it is
developed. The Committee must approve ownership and control of easement
rights and obligations within a drainageway. The County shall be granted the
authority to enforce easement rights, covenants, and /or deed restrictions
regarding drainageways.
(G) Blocks.
(1) The length, width, and shape of blocks shall be suited to the planned
use of the land, the applicable zoning requirements, the need for
convenient access, traffic safety, and the limitations and opportunities
of topography. Block lengths shall not, as a general rule, be less than
600 ft. nor more than 2000 ft. in length between road lines unless
dictated by exceptional topography or other limiting factors of good
design.
4/19/91 St. Croix County 23
18.16 Subdivisions
(2) Generally, blocks shall have sufficient widths to provide two tiers of
lots of appropriate depth except where otherwise required to separate
residential development from through traffic.
(H) Lots.
(1) 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. Lots should be designed to provide aesthetically
pleasing, safe and convenient building sites, and proper architectural
settings for buildings.
(2) Each lot shall have a net buildable project area of one acre or more.
The one acre or greater area need not be contiguous. However, there
must be at least one single contiguous buildable area capable of
accommodating the building site, the entire on -site waste disposal
system, and driveway connection to the road or driveway that will serve
the lot. The Committee may require that the plat or certified survey
map contain notice to prospective purchasers that wetlands,
floodplains, or steep slopes within lots may limit building or driveway
locations.
See Appendix B.
(3) Each lot shall front upon a public road or a private road, provided that
not more than two lots shall be served by a private road. A lot not on
a cul -de -sac shall have a minimum frontage of 66 ft. to facilitate the
possible development of a public right -of -way that could service addi-
tional lots. A lot on a cul-de -sac shall have a minimum of 33 ft. of
frontage on a road.
All ways serving two or more lots shall be considered roads. All roads
serving three or more lots shall be dedicated public roads. If no more
than two lots are served, the road may be private. All such private
roads serving more than one lot shall be constructed to County road
standards. No lot shall be approved that does not have road access as
specified in this Chapter. A private road that had served two or more
lots shall be dedicated in its entirety if any additional lots will take
access from the private road. Any private road existing prior to the
effective date of this ordinance that had served two or more lots shall
be dedicated in its entirety if any additional lots will take access from
the private road.
(4) If a proposed driveway location identified under paragraph (b) of this
section is within 100 feet of a side lot line, the adjoining parcel must
24 St. Croix County 4/19/91
Subdivisions 18.16
be examined to determine if driveway separation standards can be met.
If not, the Committee may require a waiver of driveway access from
the owner of the adjoining parcel, or may require the applicant to
change the location of the proposed driveway.
(5) Lot width as measured at the building setback line, and lot area for
improvements, shall conform to the requirements of County land use
regulations but shall not be less than the following:
Area in Sq. Ft. Width in Ft.
Subdivision
served by
Public Sewer 10,000 75
Subdivision
not served by
Public Sewer 43,560 100
The Committee may increase these minimums in particular cases if it
determines that the lot may not safely handle on -site waste disposal.
The Committee may set different minimums to match municipal
standards for subdivisions that are within the extraterritorial
jurisdiction of the municipality.
(6) The ratio of depth to width of a lot shall not exceed 3:1.
See Appendix C.
(7) Side lot lines shall be substantially at right angles or radial to street
lines.
(8) A corner lot shall have extra width over the minimum requirement to
permit adequate building setbacks from side streets. As a general rule,
the side yard setback under this circumstance shall equal the front yard
setback for the side street.
(9) Lot lines shall follow political and zoning boundary lines rather than
cross them.
(10) Lots having frontage on two non - intersecting roads shall be avoided
except where essential to provide separation of residential
development from arterial roads or to overcome specific disadvantages
of topography and orientation. If this type of frontage is allowed, a
planting screen at least 10 feet wide shall be provided parallel with and
4/19/91 St. Croix County 25
18.16 Subdivisions
outside the utility easement abutting the arterial road. Direct access
from an arterial road to a lot with double frontage is prohibited.
(I) Setbacks.
Where the lots abut navigable waters, building setback lines for all buildings
and structures, except piers, boathouses and similar uses, shall be shown on
the plat and shall not be less than 75 ft. from the normal high water mark.
(J) Parks and Parkways.
The Committee may require the subdivision to have parks or parkways and
determine whether such areas are to be shown as lots, outlots or dedication
areas upon a finding that duly adopted regional, County or local plans, or
official maps, call for provision of such parks or parkways, or upon a
determination that the parks or parkways are reasonably required to serve the
needs generated by the subdivision or by subdividing within the area. The
Committee shall designate the site, configuration and shape of parks and
parkways within the subdivision.
(K) Design Standards For Major or Minor Subdivisions Intended For Commercial
or Industrial Use.
(1) It is the intent of this section to assure that the layout and construction
of commercial or industrial subdivisions satisfy the following standards
in addition to the other requirements of this Chapter because these
developments can create heavier traffic and more intensive use charac-
teristics than residential land use.
(2) The appropriateness of a commercial or industrial use within
unincorporated portions of the County is primarily addressed through
land use planning and zoning. This Chapter nonetheless requires a
suitability evaluation of the proposed subdivision and relevant adjacent
land. This evaluation also serves as a basis for project design and
County review of a proposed subdivision. Section 18.11 shall apply to
a proposed subdivision and at least 1320 ft. of road frontage on each
side of the proposed subdivision and equal frontage across the road to
depths equal to the greater of the depth of the proposed subdivision
or 1000 ft. The evaluation shall address site characteristics and
limitations, road and traffic conditions and similar features. If staff
determines that it is possible that the area will develop beyond the
confines of the proposed subdivision, the pre - application review and
the subdivision review application shall include a general plan for the
area as a context for County decisions on the proposed subdivision.
26 St. Croix County 4/19/91
• ♦ , f r
Subdivisions 18.16
(3) Supplemental design and improvement standards for commercial and
industrial subdivisions:
(a) Minimum road rights -of -way shall be 80 feet;
(b) Minimum pavement width shall be 36 feet;
(c) Minimum turn radiuses shall be sufficient to handle the size of
vehicles likely to use the site;
(d) The widths, lengths and shapes of lots shall be suited to the
planned use of the land, zoning requirements, and the need for
convenient access to roads, control of traffic, the potential
phasing or staged growth of the proposed subdivision and the
limitations and opportunities presented by the topography. Lot
layouts shall facilitate assembly of smaller lots into larger
parcels. Generally, the overall topography of lots shall not
exceed slopes of 6 %;
(e) All utilities, including electric, cable television, telephone, gas,
water and storm and sanitary sewers, except electric power lines
exceeding 1200 volts, shall be underground;
(f) Where the subdivision and /or development of the area will
likely involve multiple parcels and /or buildings, the design shall
include frontage roads, shared driveways or other means of
reducing direct access to arterial roads. The subdivision review
process shall include specification of the internal road network
and internal driveway arrangements to assure that spacing of
access points, queuing distances, turn radii, and the like are
appropriate to the volumes of traffic and types of vehicles and
vehicular movement likely to be associated with the
development;
(g) In the case of a commercial or industrial subdivision involving
four or fewer lots, a site plan shall be submitted for each lot.
In the case of a subdivision having five or more lots, staff shall
specify the dimensions of "typical" lots, and site plans shall be
submitted for one or more such typical lots. The purpose of the
site plan is to evaluate adequacy of sites for driveways, parking,
loading areas and loading docks, perimeter landscape treatment,
placement and screening of service areas, and any areas where
outdoor display or storage of materials is proposed;
4/19/91 St. Croix County 27
18.17 Subdivisions
(h) Subdivision review shall include specification of planting and
landscape areas. In design of the subdivision, every effort
should be to protect and retain existing trees, shrubbery and
grasses not actually located in rights -of way, drainageways,
vision triangles, and the like. Trees should be protected and
preserved during construction. Planting shall be required in
road setback areas and in side and rear yard offset areas,
particularly where the development is immediately adjacent to
a residential area. A minimum of at least 15% of the area
within the property lines of each lot shall be devoted to
landscape purposes;
(i) Any commercial or industrial lot that abuts or is across from a
residential area shall have perimeter landscape screening that
will substantially screen parking areas and headlights from
vehicles;
(j) The Committee may require deed restrictions for architectural
control and appearance consistent with guidelines established
by the local community;
(k) All walks, driveways, parking lots and loading areas shall be
paved;
(1) The Committee may require cross easements where commercial
lots are side -by -side to allow linking of parking areas;
(m) Construction standards for roads may be increased depending
upon the nature and volume of traffic.
18.17 REQUIRED LAND DEDICATIONS OR PAYMENTS IN LIEU OF DEDICATIONS
FOR MAJOR AND MINOR SUBDIVISIONS
(A) All road rights -of -way that are included within the design of a subdivision and
that serve three or more lots shall be dedicated to the town or other
designated local unit of government. Such designation shall be approved by
the Committee. Once dedicated, the unit accepting the dedication may
control vegetation within the right -of -way.
(B) The Committee may require that not more than 10 percent of the total area
of a subdivision be dedicated to the town or County to provide appropriate
sites for parks, playgrounds, public access points, or other public open spaces.
The Committee shall specify the unit of government which shall receive the
dedication. Such dedication shall be required only upon a determination of
28 St. Croix County 4/19/91
.
Subdivisions 18.19
need, subject to acceptance of the unit of government to whom the dedication
is to be made.
(C) The Committee shall require payment by the subdivider of $100 per
residential lot for park or open space land acquisition, improvements or
equipment to serve the reasonably expected recreational needs arising from
the subdivision. The Committee shall credit the subdivider who has dedicated
land under paragraph (B) for the value of such dedicated land. The value
shall be determined as of the date of the dedication. The Committee shall
direct usage of these payments. In all cases, the usage of the payments shall
have approval of the town board where the subdivision is located and the
town board where the payments are proposed to be used. The County shall
deposit the funds in a segregated account and shall keep a record of payments
for each town and subdivision. These payments shall be devoted to land
acquisition or improvement to serve the needs of the subdivision or other
subdivisions in the town or area.
18.18 REQUIRED INSTALLATIONS FOR MAJOR AND MINOR SUBDIVISIONS
(A) The subdivider shall install survey monuments in accordance with the require-
ments of sec. 236.15, Wisconsin Statutes, and as may be required by the
County.
(B) The subdivider shall install all required storm water drainage features, ponds,
alterations to wetlands and improvements within conservancy areas.
(C) The subdivider shall construct or install all erosion control measures specified
in the approved stormwater management plan. If the erosion control features
are damaged or altered by any means, the maintenance or restoration of them
shall be the responsibility of the subdivider unless the subdivider has, by
written agreement, assigned responsibility for maintenance to the lot owner(s).
(D) Any road intersecting with a public road, and any other road serving two or
more lots, shall be improved by the subdivider, including necessary bridges,
culverts and ditches, to standards established by the town or standards found
within 18.16(C)(2)(e), whichever is more exacting. Paving shall not be
required by the County.
18.19 CONSTRUCTION AND MAINTENANCE GUARANTEES
(A) Guarantees shall be provided to ensure the proper construction, installation
and maintenance of required roads, utilities, erosion control measures, and
other improvements. The nature and duration of the guarantee shall be
structured to achieve this requirement without adding unnecessary costs to the
subdivider.
4/19/91 St. Croix County 29
x
• 18.19 Subdivisions
The time allowed for installation of the improvement for which the
performance guarantee has been provided may be extended by the
Committee.
(B) Before the construction of a required improvement, or as a condition of
preliminary subdivision approval, the Committee may require the following
guarantees:
(1) A performance guarantee in an amount not to exceed 120% of the cost
of installing an improvement;
(2) A maintenance guarantee for a period not to exceed two (2) years
after final acceptance of an improvement, in an amount not to exceed
15% of the cost of the improvement. In the event that other
governmental agencies or public utilities will automatically own the
improvement, or the improvement is covered by a maintenance
agreement or other guarantee to another governmental agency, no
maintenance guarantee shall be required by the Committee.
(C) The performance or maintenance guarantees shall be secured. The
Committee may select from a variety of means including, but not limited to,
the following:
(1) A security bond from a bonding company authorized to do business in
this state;
(2) An irrevocable letter of credit from a reputable bank or lending
institution acceptable to the Committee;
(3) Cash or an instrument readily convertible into cash.
(D) Upon substantial completion of all required improvements, the subdivider
shall notify the County Zoning Administrator of the completion of and cost
of the improvements in writing, by certified mail. The County Zoning
Administrator, in consultation with appropriate experts, shall inspect the
improvements and shall file a written report with the Committee
recommending approval, partial approval, or rejection of such improvements,
and a statement of reasons for rejection and corrective action. The cost of
the improvements as approved or rejected shall also be contained in the
report.
(E) After notice and opportunity for the subdivider to be heard, the Committee
shall approve, partially approve, or reject the improvements. The subdivider
shall receive notice in writing, by certified mail, of the Committee action not
later than 10 days after the action is taken. If the Committee takes no action
30 St. Croix County 4/19/91
Subdivisions 18.21
to approve, partially approve, or reject the improvements within 30 days of
receipt of the notice of substantial completion, the improvements shall be
deemed to have been approved, and the subdivider and /or surety, if any, shall
be released from the performance guarantees for such improvements.
(F) Where partial approval is granted, the subdivider shall be released from
liability under the performance guarantee to the extent of the approval.
(G) If approval is denied, the Committee shall utilize the performance guarantee
to see that improvements are properly completed.
18.20 CONSTRUCTION WITHIN SUBDIVISIONS
(A) No land grading or site preparation, removal of trees or brush, alteration of
drainageways, waterways or water features, or commencing the construction
of any roads, ditches, ponds, swales, drainageways or the like, shall occur prior
to final approval of the final plat or final certified survey map, including final
Committee approval of all plans for improvements, drainage and erosion
control measures, ditches and culverts, and the like.
(B) Upon application, the Committee may waive paragraph (A), above, provided
that the subdivider represents that no land alterations described in paragraph
(A) have occurred within one year prior to the date of the request for waiver.
If staff confirms this representation, the Committee may then waive the
prohibition and approve a schedule of construction activities. Such
construction activities are taken at the subdivider's risk. No waiver shall be
granted if land alteration activities have taken place within one year preceding
the request for waiver, and all prior approvals shall be revoked after notice
to the subdivider. In order to approve a waiver, the Committee shall have
approved the preliminary plat or the preliminary certified survey map and the
proposed work or construction. Such waiver shall also be preceded by receipt
of deposits for performance guarantees and inspection fees. Such waivers
shall specifically state the time within which the work may be done and the
extent of the work permitted by the waiver.
(C) No building, zoning, or sanitary permit shall be issued for any lot until all the
requirements of this Chapter have been satisfied.
18.21 VARIANCES TO DESIGN STANDARDS
(A) The Committee may grant variances to design standards during the review
a nd approval stages upon a showing that the subdivider will suffer unnecessary
hardship if strict compliance with the standard is required. The granting of
a variance shall not violate the spirit or intent of this Chapter or other county
land use regulations.
4/19/91 St. Croi County 31
r A -
18.22 Subdivisions
(B) For illustrative purposes only, the following comments are made regarding
unnecessary hardship:
(1) Unnecessary hardship can be defined as a situation where in the
absence of a variance no feasible use can be made of the lot;
(2) Unnecessary hardship does not include self - created hardship,
conditions personal to the subdivider, the subdivider's personal
convenience, economic gain or loss, or conditions not unique to a
particular lot.
(C) The Committee shall hold a public hearing on a request for a variance. A
Class 2 notice shall be published for the hearing. Additionally, notice shall
be mailed to the town(s) in which the proposed subdivision is located, any
municipality with extraterritorial subdivision approval jurisdiction, and
adjacent land owners. The County Zoning Administrator shall be responsible
for providing all notices. The subdivider shall pay a hearing fee of $150.00
before the hearing is scheduled.
(D) The Committee shall make a decision on the request for variance within ten
(10) days of the hearing. Written findings of fact, conclusions, and the
reasons for the decision shall be prepared, and signed by the Committee
chairman. The original decision shall be filed in the County Zoning
Administrator's office. A copy of the decision shall be mailed to the
subdivider, the town(s), and municipality(ies).
(E) Any person aggrieved by the decision may commence an action in circuit
court seeking the remedy available by certiorari. The procedures in sec.
59.99(10), Wisconsin Statutes, apply to this action.
18.22 FEES
(A) Major Subdivisions.
(1) The subdivider shall pay all fees as hereinafter required and at the
times specified before being entitled to review or to recording of a
plat.
(2) Pre - application Conference: No fee.
(3) Submittal of Preliminary Plat:
(a) File opening - administrative review fee paid at submittal: $100;
32 St. Croix County 4/19/91
Subdivisions 18.22
(b) Land conservation review fees paid at submittal: $100, plus $5
per acre;
(c) Reuubmittal fee paid at resubmittal: $50 for each resubmittal;
(d) Postage and handling paid at submittal: $10 per map sheet.
(4) Submittal of Final Plat:
(a) Administrative review fee paid at submittal: $100 plus $15 per
parcel;
(b) Reuubmittal fee paid at resubmittal: $50 for each resubmittal;
(c) Escrow payment for park purposes paid before County Zoning
Administrator executes approval: $100 per lot;
(d) Security deposit for delivery of recorded copies paid before
County Zoning Administrator executes approval: $150;
(e) Postage and handling paid at submittal: $10 per map sheet.
(5) Soil and Site Evaluation:
(a) Soil evaluation fee paid upon the County Zoning
Administrator's determination of need for the service or upon
the subdivider's request for this service: $15 per lot;
(b) Groundwater monitoring fee paid upon the County Zoning
Administrator's determination of need for the service or upon
the subdivider's request for this service: $100;
(c) Field investigation fee paid upon the County Zoning
Administrator's determination of need for the service or upon
the subdivider's request for this service: $200;
(d) Re- review of soils fee paid upon each submittal of phased final
plats: $50 per plat.
(6) Road inspection fee paid prior to inspection; $250.
(B) Minor Subdivisions.
4/19/91 St. Croix County 33
18.22 Subdivisions
(1) The subdivider shall pay all fees as hereinafter required and at the
times specified before being entitled to review or to recording of a
certified survey map:
(a) File opening - administrative review fee paid at submittal:
$100;
(b) Soils investigation fee (suitability for roads, on -site waste
disposal system, potential for erosion) paid at submittal: $5 per
acre - $25 maximum;
(c) Survey review fee paid at submittal: $15 per lot or outlot;
(d) Escrow payment for park purposes paid before County Zoning
Administrator executes approval: $100 per lot;
(e) Road inspection fee (if a road is to be constructed) paid before
inspection: $150;
(f) Erosion control inspection fee (if erosion controls are required)
paid before inspection: $50;
(g) Security deposit for delivery of recorded copies paid before
County Zoning Administrator executes approval: $50;
(h) Resubmittal fee paid at resubmittal: $50;
(i) Reinspection fee paid before reinspection: $50.
(C) The subdivider shall pay a fee equal to the cost of any extraordinary legal,
administrative or fiscal work which is done in connection with the plat or
certified survey map. Legal work shall include the drafting or review of
proposed agreements between the subdivider and the County, the utility
companies, lot owners, and others. These fees may also include the cost of
obtaining professional work or opinions including, but not limited to,
attorneys, engineers, landscape architects, land planners, or the County
Zoning Administrator.
(D) If the Committee or the County Board adopts a policy or ordinance regarding
impact fees, such fees shall be paid as a condition of subdivision approval as
provided in the policy or ordinance.
34 St. Croix County 4/19/91
• r
•
Subdivisions 18.23
18.23 VIOLATION AND PENALTIES
(A) Any person, partnership, corporation or other entity who fails to comply with
the provisions of this Chapter shall, upon adjudication of violation, be subject
to penalties and forfeitures as provided in secs. 236.30, 236.31, 236.32, 236.335,
and 23635, Wisconsin Statutes. These sections provide penalties for:
(1) Improperly recording or causing to be recorded a final plat which does
not comply with submittal requirements of state statutes or County
regulations;
(2) Offering for sale lots in a final plat which has not been recorded unless
the offer or contract for sale includes language making the sale
contingent upon approval of the final plat, and the sale void if the plat
is not approved;
(3) Disturbing survey monuments in violation of state law or County
regulations, or not placing survey monuments as prescribed by state
law or County regulations;
(4) Subdividing lots which fail to conform to Chapter 236, Wisconsin
Statutes, or any applicable DILHR administrative rules, or this
Chapter;
(5) Selling land which abuts on a road which has not been accepted as a
public road unless the seller informs the purchaser in writing that the
road is not a public road and maintenance is not required to be
performed by the County or town.
(B) Any person, partnership, corporation or other entity who fails to comply with
any provisions of this Chapter that are not covered by the statutory sections
identified in paragraph (A) shall, upon adjudication of violation, be subject
to court costs, to a forfeiture of not less than $500 nor more than $5,000
and /or to an injunction. Each day that a violation exists shall constitute a
separate offense.
4/19/91 St. Croix County 35
•
{. APPENDIX A
ROAD CONSTRUCTION STANDARDS
33' minimum - . 33' minimum 0.
C ENTERLINE
w-- 13 ...L.. 26' — .-
z
Q
3
i 1 ' C 1‘. 0
3.36' A - 2' 11 • . . 11 • ' • 2' A -I 3.36' x
x
Point referred to on
Gravel shoulder surfacing _ee 2"B pl ontmix I profile re Topsoil A seeding
_ .04'/' - .02'/' Slope .02 per it
x % —i • aZin . „ min- dfpfh 4 ``
4" Topsoil a : :: • 1.6 4 - G dC
v . M ..... • .02'/' �:::: 02%' 1.1 lOrl B‘�OEP�
��P Env 12 granular •
subbase course i �- A°
R'� , I Grovel shou lder surfacing .04%' • 5 NORM
3 P o i nt referred to on
•
6" crushed limestone o 7" � X
``. Z\ gra dat i on 2 base course —�
act �b a a`o ;
ac`c aJC m d� c
c c e c c e
• 2 =1 Shoulder sb O` 0 �• :� vo
pe permissible
on fills in excess of 2'; however, A 2.12' 2.39'
top 3' of shoulder sbpe must not
be in excess of 3=1. 6 5.48' 5.75'
C 18.48' 18.75'
TYPICAL FINISHED SECTION
• - • _,-
APPENDIX A .-
. .
STREET DESIGN STANDARDS
1. Alignment of and Tangent
Between Curves .
LINE-
RIGHT WAY LINE ,P4
—...,-- ___
4- -4
... ._
' ...''
N. 40 W
Z
0 *X <
..s
0 C.- 0- ‘ ,
CO
0 ..• a a
•<- -...
--..................._
_ .....
/
I
CENTERLINE—
. SETBACKS
ROAD DIST: DIST CONDITIONS
CLASS 1 2
A 190' so , VCR& 30 Vertical Sight
13 150 100 0 Distance .
C D 153' M. ..
A:---......A ........................1
E 83' 50' "
. s i ' I w 4 - 1 - 7?" • :-.-::=:::::3::-:-....-F::::::::::::::::::::::::-.;.:-%-:-:*.:.;.; - ... : 1 3 - 75. Height
A 250 MINIMUM SIGHT DISTANCE
2. Corner Radii SUBDIVISION ROAD ACCESS PERMISSIBLE ALONG 8
AND AT POINT C.
SUBDIVISION ROAD ACCESS PROHIBITED ALONG D.
STREETS WITHOUT CURB et
GUTTER
30 1
.. .
TY . p .... I ............. 4. Grades
1 ,
..•
__ ,1___
• ....
CALCULATED GRADE = 10
,---.........
20
STREETS WITH CURB a GUTTER
, ,
APPENDIX A
5. Cul
eo' -o"
r/ 66'
� t
I000' - O" MAXIMUM 1
TYPICAL CUL -DE -SAC
RIGHT LINE � �, ��
O �
,� ! * ISLAND IS NOT REQUIRED
7j�
r . _ AND IN SOME TOWNSHIPS
SHOULDER UNE R =I Egv IS FORBIDDEN.
ep,
1
9
ASYMMETRICAL CUL -DE -SAC
9' RIGHT OF LINE
M
tiniN SHOULDER LINE °AA
n .
�M1 I RIGHT
j MAY BE SQUARED AT
DEVELOPER'S OPTION.
NOTE:
WIDENING OR REVERSE CURVE
ON TRAVELED SURFACE
APPENDIX B
MINIMUM BUILDABLE AREA
PER LOT
lik ^ ! Buildable Area
iii
i 0.3 acre 1 i FLOODPLAIN
, ,..:,...
•
w ----....„...60,1, _71. ,,
SLOPES 2: 20% C I7 I ' 1
' Buildable Area t
• 1 .. i ,, I O. acre ( S
. _•• t■ N u
i 4 1A .
t 7 /h444 71 I • ,
1 . e 404 i 1 ;to t - . 1 i •
. - ..1III�ri 10 4\74 �
�• . ��,,,��
WETLAND
I 110
1 . . . : : _......,,,,...... -- 00 .7 - 41
* > 12% In the lower St. Croix riverway district
APPENDIX C
METHODS OF LOT WIDTH DETERMINATIONS
(a) Para / %/ Lot Lines
SLL
1 90°
al
90°
SLL
AVERAGE LOT WIDTH IS THE PERPENDICULAR DISTANCE BETWEEN SIDE LOT LINES (SLL)
(b) Nonparallel Lot Lines.
M
SLL
I N
1 90° c
— — _ 90°'
1 I
a l b�
1 I
0
SLL
P
a
AVERAGE LOT WIDTH IS 2 b AND LINE c BISECTS ANGLE FORMED BY
ONES MN AND OP EXTENDED.
Source: Register, February, 1985, No. 350
•
+4
APPENDIX .0
METHODS OF LOT WIDTH DETERMINATIONS
(c) Nonparallel Lot Lines, Alternate 1.
M
SLL
1 N
� I
0 e 1 90° _ _ d _ — 90°1_
90° °
i I
al
� 1
SLL
a+b a b +c d
AVERAGE LOT WIDTH IS 2 X e d + 2 X e + d , AND LINE d
BISECTS ANGLE FORMED BY LINES M AND OP EXTENDED. d IS THE
PERPENDICULAR DISTANCE BETWEEN LINES b AND c. e IS THE PERPENDICULAR
DISTANCE BETWEEN LINES a AND b.
(d) Parallel Side Lot Lines, Alternate.
S LL m
1
90°
SLL
t
;90°
a l
� 1
b
� I
9 , 90°
SLL
m n
AVERAGE LOT WIDTH IS a X m t n + b X m t n
USE ONLY THAT PART OF LENGTH n THAT, WHEN ADDED TO AREA OF m
PORTION OF LOT, SATISFIES MINIMUM AREA REQUIREMENTS.
Source: Register, February, 1985, No. 350
, •
APPENDIX C
METHODS OF LOT WIDTH DETERMINATIONS
(e) Nonparallel Lot Lines, Alternate 2.
SLL
1 N
90° c 1 90°
1
l a bl
I �
O
SLL
a + b
AVERAGE LOT WIDTH IS 2 , AND LINE c BISECTS ANGLE FORMED BY LINES
M N AND 0 P EXTENDED. c IS THE PERPENDICULAR DISTANCE BETWEEN
LINES a AND b. LINE N 0 MAY COINCIDE WITH LOT LINE.
(f) Nonparallel Lot Lines, Alternate 3.
M
SLL
R 1 N
1 1
50' I
I
_ _ d _ 909
I e I , -
a b l c
I
Q
0
SLL
P
AVERAGE LOT WIDTH IS a l b X e t d t b 2 c X e t d , AND LINE d
BISECTS ANGLE FORMED BY LINES M N AND OP EXTENDED. d IS THE
PERPENDICULAR DISTANCE BETWEEN b AND c. e IS THE PERPENDICULAR
DISTANCE BETWEEN LINES a AND b.
Source: Register, February, 1985, No. 350
,- 4_
APPENDIX C
METHODS OF LOT WIDTH DETERMINATIONS
(g) Nonparallel Lot Lines, A Iternate 4.
N SLL 0
M
1 1
r 1
90 d
90°
i s - c
1
R 1
1b
SLL
0
a +b a b+ d
AVERAGE LOT WIDTH IS 2 X e+ d + 2 X e + d , UNE e BISECTS
ANGLE FORMED BY M N AND 0 R EXTENDED AND LINE d BISECTS ANGLE FORMED
BY N O AND P 0 EXTENDED. d IS THE PERPENDICULAR DISTANCE BETWEEN
b AND c . e IS THE PERPENDICULAR DISTANCE BETWEEN a AND b. M or R WHICH
EVER IS AT SETBACK LINE WILL DETERMINE POSITION OF M R.
(h) Nonparallel Lot Lines, Al ternote 5
M N
SLL 0
RIGHT - OF - WAY . 1
N -SO SET I 1
CUL 4 J 1 b
1 I
/ e\ 90° - - d - - c +
90° I
R 1
1 1
i I
0
SLL
a +b a b +c d P
AVERAGE LOT WIDTH IS 2 X e , + 2 X e + d , AND LINE e BISECTS ANGLE
FORMED BY MN AND OR EXTENDED AND LINE d BISECTS ANGLE FORMED BY NO
AND P 0 EXTENDED. d IS THE PERPENDICULAR DISTANCE BETWEEN b AND c. e IS
THE DISTANCE BETWEEN a AND b.
Source: Register, February, 1985, No. 350