City of Bayfield _ Code of Ordinances

Chapter 474

SUBDIVISION OF LAND

[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 14-1-1 through 14-1-101 of the 1992 Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Plan Commission — See Ch. 21.

Blasting and rock crushing — See Ch. 140.

Building construction — See Ch. 152.

Construction site erosion control — See Ch. 190.

Driveways and culverts — See Ch. 206.

Fair housing — See Ch. 217.

Sewers — See Ch. 329.

Trees and shrubs — See Ch. 360.

Comprehensive Plan — See Ch. 388.

Historic preservation — See Ch. 423.

Zoning — See Ch. 500.

ARTICLE I

Adoption; Introduction

§ 474-1. Introduction and purpose.

A. Introduction. In accordance with the authority granted by § 236.45, Wis. Stats., and for the purposes listed in §§ 236.01 and 236.45, Wis. Stats., the Common Council of the City of Bayfield, Wisconsin, does hereby ordain as follows:

(1) The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the City of Bayfield.

(2) This chapter shall not repeal, impair or modify private covenants or public ordinances, except that it shall apply whenever it imposes stricter restrictions on land use.

B. Purpose. The purpose of this chapter is to promote the public health, safety, convenience and general welfare of the community. The regulations are designed to lessen congestion in the highways and streets; to foster the orderly layout and use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to discourage overcrowding of the land; to protect the community's agriculture base; to facilitate adequate provision for transportation, public water and sewerage, schools, parks, playgrounds and other public necessities; and to facilitate the further division of large tracts of land into smaller parcels. The regulations are made with the reasonable consideration of, but not limited to, the present character of the City and its environs, with the objectives of conserving the value of the land and improvements placed thereon, providing the most appropriate environment for human habitation, encouraging commerce and industry, protecting farming and open spaces, and providing for the most appropriate use of land in the City of Bayfield.

§ 474-2. Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.

§ 474-3. Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City of Bayfield and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

§ 474-4. Severability.

If any provision of this chapter is invalid or unconstitutional, or if the application of this chapter to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application.

§ 474-5. Repeal.

All other ordinances or parts of ordinances of the City inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

§ 474-6. Title.

This chapter shall be known as, referred to, or cited as the "City of Bayfield Subdivision Chapter" or "City of Bayfield Land Division and Subdivision Chapter."

ARTICLE II

Terminology

§ 474-7. Definitions.

The following definitions shall be applicable in this chapter:

ALLEY — A public right-of-way which normally affords a secondary means of vehicular access to abutting property.

ARTERIAL STREET — A street which provides for the movement of relatively heavy traffic to, from or within the City. It has a secondary function of providing access to abutting land.

BLOCK — An area of land within a subdivision that is entirely bounded by a combination or combinations of streets, exterior boundary lines of the subdivision and streams or water bodies.

COLLECTOR STREET — A street which collects and distributes internal traffic within an urban area such as a residential neighborhood, between arterial and local streets. It provides access to abutting property.

COMMISSION — The Plan Commission created by the Common Council pursuant to § 62.23, Wis. Stats.

COMPREHENSIVE PLAN — A comprehensive plan prepared by the City indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the City and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

CONDOMINIUM DEVELOPMENT — A real estate development in which a condominium form of ownership pursuant to Ch. 703, Wis. Stats., is utilized.

CUL-DE-SAC — A short street having but one end open to traffic and the other end being permanently terminated in a vehicular turnaround.

DIVISION OF LAND — Where the title or any part thereof is transferred by the execution of a land contract, an option to purchase, an offer to purchase and acceptance, a deed, or a certified survey.

EASEMENT — The area of land set aside or over or through which a liberty, privilege or advantage in land, distinct from ownership of the land, is granted to the public or some particular person or part of the public.

EXTRATERRITORIAL PLAT APPROVAL JURISDICTION — The unincorporated area within 1 1/2 miles of a Fourth-Class city or a village and within three miles of all other cities.

FINAL PLAT — The final map, drawing or chart on which the subdivider's plan of subdivision is presented for approval and which, if approved, will be submitted to the County Register of Deeds.

FRONTAGE STREET — A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development.

IMPROVEMENT, PUBLIC — Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, sidewalk, pedestrianway, planting strip or other facility for which the City may ultimately assume the responsibility for maintenance and operation.

LOCAL STREET — A street of little or no continuity designed to provide access to abutting property and leading into collector streets.

LOT — A parcel of land having frontage on a public street or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter and any applicable zoning ordinance.

LOT, AREA — The area contained within the exterior boundaries of a lot excluding streets, and land under navigable bodies of water.

LOT, CORNER — A lot abutting intersecting streets at their intersection.

LOT, REVERSED CORNER — A corner lot which is oriented so that it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.

LOT, THROUGH — A lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

LOT LINES — The peripheral boundaries of a lot as defined herein.

LOT WIDTH — The width of a parcel of land measured along the front building line.

MAJOR THOROUGHFARE — A street used or intended to be used primarily for fast or heavy through traffic. Major thoroughfares shall include freeways, expressways, and other highways and parkways, as well as arterial streets.

MINOR STREET — A street used, or intended to be used, primarily for access to abutting properties; also referred to as a "local street."

MINOR SUBDIVISION (CERTIFIED SURVEY) — The division of land by the owner or subdivider resulting in the creation of not more than four parcels or building sites, any one of which is 1 1/2 acres in size or less, or the division of a block, lot or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot or outlot.

OWNER — Includes the plural as well as the singular and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these.

PEDESTRIAN PATHWAY — A public way, usually running at right angles to streets, which is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.

PLAT — The map, drawing or chart on which the subdivider's plat of subdivision is presented to the City for approval.

PRELIMINARY PLAT — The preliminary plat map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Plan Commission for its consideration as to compliance with the Comprehensive Plan and these regulations along with required supporting data.

PROTECTIVE COVENANTS — Contracts entered into between private parties or between private parties and public bodies pursuant to § 236.293, Wis. Stats., which constitute a restriction on the use of all private or platted property within a subdivision for the benefit of the public or property owners and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

REPLAT — The process of changing, or a map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot within a recorded subdivision plat without changing exterior boundaries of said block, lot or outlot is not a replat.

SHORELANDS — Those lands within the following distances: 1,000 feet from the high-water elevation of navigable lakes, ponds and flowages or 300 feet from the high-water elevation of navigable streams or to the landward side of the floodplain, whichever is greater.

SUBDIVIDER — Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor subdivision or replat.

SUBDIVISION — Subdivision is a division of a lot, parcel or tract of land by the owner thereof or the owner's agent for the purpose of sale or of building development where:

A. The act of division creates five or more parcels or building sites of 1 1/2 acres each or less in area; or

B. Five or more parcels or building sites of 1 1/2 acres each or less in area are created by successive divisions within a period of five years.

WETLANDS — An area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. [§ 23.32(1), Wis. Stats.]

WISCONSIN ADMINISTRATIVE CODE — The rules of administrative agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system, as directed by § 35.93 and Ch. 227, Wis. Stats., including subsequent amendments to those rules.

ARTICLE III

General Provisions and Regulations

§ 474-8. Scope and jurisdiction; generally applicable requirements.

A. Compliance. No person shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, land division or a replat as defined herein; no such subdivision, land division, minor land division or replat shall be entitled to record; and no street shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following:

(1) The provisions of Ch. 236 and § 82.18, Wis. Stats.

(2) The rules of the Department of Commerce, contained in Ch. Comm 83, Wis. Adm. Code, for subdivisions not served by public sewer.

(3) The rules of the Division of Highways, Wisconsin Department of Transportation, contained in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state trunk highway or connecting street.

(4) The rules of the Wisconsin Department of Natural Resources contained in the Wisconsin Administrative Code for Floodplain Management Program.

(5) Comprehensive plans or components of such plans prepared by state, regional, county or municipal agencies duly adopted by the Common Council.

(6) All applicable local and county regulations, including zoning, sanitary, building and official mapping ordinances.

(7) The City of Bayfield Comprehensive Plan and Official Map, or components thereof.

(8) All applicable rules contained in the Wisconsin Administrative Code not listed in this subsection.

(9) The City's sewer and water rules on file with the Public Service Commission of the State of Wisconsin concerning sewer and water installations and services. These rules are incorporated herein by reference and made a part hereof as though fully set forth herein.

B. Jurisdiction. Jurisdiction of these regulations shall include all lands within the corporate limits of the City of Bayfield. The provisions of this chapter, as they apply to divisions of tracts of land into less than five parcels, shall not apply to:

(1) Transfers of interests in land by will or pursuant to court order;

(2) Leases for a term not to exceed 10 years, mortgages or easements;

(3) Sale or exchange of parcels of land between adjoining property owners or where not more than one additional lot is created and said lot is not less than the minimum size required by applicable laws or ordinances. No more than one lot may be created in this fashion within a one-year period.

C. Certified survey. Any division of land other than a subdivision as defined in § 236.02(12), Wis. Stats., shall be surveyed and a certified survey map prepared as provided in § 236.34, Wis. Stats.

D. Building permits. The City of Bayfield shall not issue any building permit relating to any parcel of land forming all or any part of lands included in a subdivision, land division, replat or certified survey originally submitted to the City of Bayfield on or after the effective date of this chapter until the applicant has complied with all of the provisions and requirements of this chapter.

E. Plats within the extraterritorial plat approval jurisdiction. Plats within the extraterritorial plat approval jurisdiction of the City are subject to this chapter pursuant to § 236.45(3), Wis. Stats.

F. Applicability to condominiums. This chapter is expressly applicable to condominium developments within the City's jurisdiction, pursuant to § 703.27(1), Wis. Stats. For purposes of this chapter, a condominium unit and any associated limited common elements shall be deemed to be equivalent to a lot or parcel created by the act of subdivision.

§ 474-9. Land suitability; conservation of trees and other plants.

A. Suitability. No land shall be subdivided for residential, commercial or industrial use which is held unsuitable for such use by the Common Council, upon the recommendation of the Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community. The Common Council, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he so desires. Thereafter the Common Council, upon the recommendation of the Plan Commission, may affirm, modify, or withdraw its determination of unsuitability.

B. Existing flora. The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, possibly including the preservation of trees by well islands or retaining walls whenever abutting grades are altered, pursuant to a landscaping plan filed by the subdivider.

§ 474-10. Condominium developments.

A. Purpose.

(1) The Common Council hereby finds that certain issues arise in condominium developments that require limited applicability of this chapter to condominium developments. The State Legislature has recognized that subdivision ordinances may apply to condominiums but that subdivision ordinances shall not impose burdens upon condominiums that are different from those imposed on other property of a similar character not subject to a declaration of condominium.

(2) The factor that makes this chapter applicable to a condominium development is the creation of multiple, distinct property entities at or near the ground surface, subject to property taxation as separate "parcels," with each property entity having different ownership and management. The City determines that this factor makes a condominium development dissimilar, both physically and in ownership, from developments in which the land and improvements are under unitary ownership, management, and control.

(3) Thus, the Common Council hereby finds that new condominium developments can place impacts on community resources in the same manner as other new developments which are characterized by division of land into lots. These impacts include:

(a) Additional population density.

(b) Possibility of use of particular land in a manner unsuitable to the land's characteristics.

(d) Additional traffic and street use.

B. Portions of chapter applicable to condominium developments. The following sections of this chapter shall apply to condominium developments:

(1) § 474-9 relating to land suitability and construction practices.

(2) §§ 474-11 through 474-13 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 474-19 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.

(3) Article IX relating to fees for review.

(4) Article VI relating to required improvements.

(5) Article VII relating to design standards for improvements.

(6) Article VIII relating to dedication requirements.

C. Exceptions. This section shall not apply to the following condominiums:

(1) Any condominium plat recorded prior to the effective date of this chapter.

(2) Any conversion of a structure or structures in existence on the effective date of this chapter to a condominium after the effective date of this chapter.

ARTICLE IV

Plat Review and Approval

§ 474-11. Preliminary consultation.

Before filing a preliminary plat or certified survey map, the subdivider is encouraged to consult with the Plan Commission for advice regarding general subdivision requirements. Information on meeting dates, agenda deadlines and filing requirements may be obtained from the City Clerk. The subdivider shall also submit a location map showing the relationship of the proposed subdivision to traffic arteries and existing community facilities. This consultation is neither formal nor mandatory but is intended to inform the subdivider of the purpose and objectives of these regulations, the Comprehensive Plan, Comprehensive Plan components and duly adopted plan implementation devices of the City and to otherwise assist the subdivider in planning his/her development. In so doing, both the subdivider and 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 subdivider will gain a better understanding of the subsequent required procedures.

§ 474-12. Submission of preliminary plat.

A. Submission. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The subdivider shall submit a sufficient number of copies of the preliminary plat for review by state and county agencies as required by § 236.12(2), Wis. Stats., and six additional copies for City review. The preliminary plat shall be prepared in accordance with the provisions of Ch. 236, Wis. Stats. The City Clerk shall submit a copy of the preliminary plat to the Plan Commission and a copy to the Public Works Director for review and a written report of his/her recommendations and reactions to the proposed plat.

B. Public improvements, plans and specifications. Simultaneously with the filing of the preliminary plat of map, the owner shall file with the City Clerk one complete set, or as many as specified by the Public Works Director, of engineering reports, plans and specifications for the construction of any public improvements required by this chapter, specifically addressing sewer and water service feasibility, drainage facilities, traffic patterns, typical street cross sections, erosion control plans, pavement design and other improvements necessary in the subdivision.

C. Property owners' association; restrictive covenants. A draft of the legal instruments and rules for proposed property owners' associations, when the subdivider proposes that common property within a subdivision would be either owned or maintained by such an organization and proposed deed restrictions or restrictive covenants, shall be submitted at the time of filing the preliminary plat with the City Clerk.

D. Affidavit. The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct representation of all existing land divisions and features and that he has fully complied with the provisions of this chapter.

E. Supplementary data to be filed with preliminary plat. The following shall also be filed with the preliminary plat:

(1) Use statement. A statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units; types of business or industry so as to reveal the effect of the development on traffic, fire hazards and congestion of population; and

(2) Zoning changes. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions; and

(3) Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Plan Commission may require that the subdivider submit a preliminary plat of the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.

F. Street plans and profiles. The subdivider shall provide street plans and profiles showing existing ground surface, and proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested.

G. Soil testing. Upon the request of the Plan Commission, the subdivider shall provide a preliminary soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 474-9, the Public Works Director may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table.

H. Referral to other agencies.

(1) The City Clerk, within two working days after filing, shall, in accordance with § 236.12(2), Wis. Stats., send copies of the preliminary plat to those agencies required to receive copies thereof under said statutory subsection.

(2) Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under § 236.12(2), Wis. Stats., above shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if an agency has no objections, it shall so certify on the face of a copy of the plat and return that copy to the City Clerk. The plat shall not be approved or deemed approved until any objections have been satisfied. If an agency fails to act within the twenty-day limit it shall be deemed to have no objection to the plat.

§ 474-13. Preliminary plat review and approval.

A. Commission action.

(1) The Plan Commission shall, within 40 days of the date the plat was filed with the City Clerk, recommend to the Common Council approval, conditional approval, or rejection of such plat and shall state, in writing, any conditions of approval or reasons for rejection. The City Clerk shall communicate to the subdivider the action of the Plan Commission.

(2) Within 90 days after the filing of the preliminary plat, the Common Council shall approve, approve conditionally, or reject the plat and shall state in writing any conditions of approval or reasons for rejection, unless the time is extended by agreement with the subdivider. Failure of the Common Council to act within the 90 days, or extension thereof, shall constitute an approval of the preliminary plat. The City Clerk shall communicate to the subdivider the action of the Common Council.

B. Preliminary plat amendment. Should the subdivider desire to amend the preliminary plat as approved, he may resubmit the amended plat which shall follow the same procedure, except for the fee, unless the amendment is, in the opinion of the Plan Commission, of such scope as to constitute a new plat, in which such case it shall be filed as a new plat.

§ 474-14. Final plat review and approval.

A. Filing requirements.

(1) The subdivider shall prepare a final plat in accordance with § 236, Wis. Stats., and file a sufficient number of copies thereof for review by state and county agencies as required under § 236.12(2), Wis. Stats., and six additional copies for City review not later than 24 months after the date of approval of the preliminary plat. Otherwise, the preliminary plat and final plat shall be considered void unless an extension is requested in writing by the subdivider and for good cause is granted by the City. The subdivider shall submit with the final plat a current certified abstract of title or title report prepared by a title insurance company and such other evidence as the City Attorney may require showing title or control in the applicant. A written transmittal letter shall identify all substantial changes that have been made to the plat since the preliminary plat.

(2) The City Clerk, within two days after filing shall, in accordance with § 236.12(2), Wis. Stats., send copies of the final plat to those agencies required to receive copies thereof under said statutory subsection.

(3) The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws.

(4) The City Clerk shall refer copies of the final plat to the Plan Commission and to the Public Works Director or an engineering firm selected by the City. The Public Works Director or engineering firm shall examine the plat and final plans and specifications for public improvements for technical compliance and shall report to the Plan Commission the findings of such examination prior to the Commission's review of the final plat.

B. Plan Commission review.

(1) The Plan Commission shall examine the final plat as to its conformance with the approved preliminary plat, any conditions of approval of the preliminary plat, this chapter and all applicable ordinances, rules, regulations, comprehensive plans and comprehensive plan components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the Common Council within 30 days of the filing of the final plat.

(2) The objecting state and county agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections. If an agency has no objections, it shall so certify on the face of the copy of the plat and shall return that copy to the City. If an agency fails to act within 20 days, it shall be deemed to have no objection to the plat.

C. Council review and approval.

(1) The Common Council shall, within 60 days of the date of filing the original final plat with the City Clerk, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider. Approval by the Common Council may not be inscribed on the final plat unless the City Clerk certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, the date thereof and that no objections have been filed within 20 days or, if filed, have been met.

(2) The Common Council shall, if it determines to approve a final plat, give at least 10 days' prior written notice of its intention to the Municipal Clerk of any municipality within 1,000 feet of the final plat.

(3) If the Common Council fails to act within 60 days and the time has not been extended by agreement and no unsatisfied objections have been filed, the plat shall be deemed approved.

D. Recordation. After the final plat has been approved by the Common Council and required improvements have been either installed or a contract and sureties insuring their installation is filed, the City Clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the County Register of Deeds. The Register of Deeds shall not record the plat unless it is offered within six months from the date of last approval.

E. Final copies. The subdivider shall file 10 copies of the approved final plat with the City Clerk for distribution to the approving agencies, affected utilities and other affected agencies for their files. One Mylar copy shall also be filed with the Public Works Director.

F. Partial platting. The final plat may, if permitted by the Common Council, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at the time.

§ 474-15. Minor land division (certified survey map).

A. Use of certified survey map. When it is proposed to divide land into at least two but no more than four parcels or building sites, or when it is proposed to create by land division not more than four parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot or outlot, or when it is proposed to divide any number of parcels greater than 1 1/2 acres in size (thus not constituting a "subdivision" as defined in this chapter), the subdivider shall prepare a certified survey map in accordance with this chapter and shall file one copy, or as many as directed by the City, of the map and the letter of application with the City Clerk at least 15 days prior to the meeting of the Plan Commission at which action is desired.

B. Referral to Plan Commission. The City Clerk shall, within four normal work days after filing, transmit the copies of the map and letter of application to the Plan Commission.

C. Review by other City agencies. The Plan Commission shall transmit a copy of the map to all affected City boards, commissions or departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Plan Commission within 10 days from the date the map is filed. The map shall be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans, comprehensive plan components and neighborhood plans.

D. Review and approval. The Plan Commission shall, within 30 days from the date of filing of the certified survey map, recommend approval, conditional approval or rejection of the map and shall transmit the map along with its recommendations to the Common Council. The Common Council shall approve, approve conditionally and thereby require resubmission of a corrected certified survey map or reject such certified survey map within 90 days from the date of filing of the map unless the time is extended by agreement with the subdivider. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider. If the map is approved, the Common Council shall cause the City Clerk to so certify on the face of the original map and return the map to the subdivider.

E. Recordation. The subdivider shall record the map with the County Register of Deeds within six months after the date of the last approval.

F. Copies. The subdivider shall file five copies of the certified survey map with the City Clerk for distribution to the Public Works Director, Building Inspector, Assessor and other affected departments for their files.

§ 474-16. Replat.

A. Except as provided in § 70.27(1), Wis. Stats., when it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider shall seek City approval of the replat utilizing the procedures in §§ 474-11 through 474-14 above, provided that if a proposed replat proposes to alter or vacate any areas dedicated to the public, any approval of the preliminary plat shall be conditioned upon the subdivider's obtaining a court order for the replat under §§ 236.40 through 236.44, Wis. Stats., as required by § 236.36, Wis. Stats., and notwithstanding any other provision of this chapter, no final plat shall be approved or be deemed to be approved until such court order has been obtained.

B. Where lots are more than double the minimum size required for the applicable zoning district, the City may require that such lots be arranged so as to allow resubdivision of such parcels into normal lots in accordance with the provisions of this chapter.

§ 474-17. Adequacy of public facilities and services.

A. A preliminary plat, final plat or certified survey shall not be approved unless the Plan Commission and the Common Council determine that adequate public facilities and public services will be available to meet the needs of the proposed land division and that no public funds will be required.

B. The applicant shall furnish any data requested by the City Clerk who shall transmit this information to the appropriate commission(s), committee(s) and staff for review; the City Clerk shall act as coordinator of the reports from staff to the Plan Commission and Common Council on the adequacy of water, sanitary and storm sewers, fire service, police, parks and open space and recreation facilities, transportation facilities and schools.

C. Public facilities and public services for a proposed land division may be found to be adequate when the following conditions exist:

(1) The proposed land division is located in an urban service area where adequate sewer service is presently available for extension, under construction or designated by the Common Council for extension of sewer service within the current capital budget year and funds are specifically provided for such extension either from public or private financing. The Plan Commission and the Common Council shall consider the recommendations of the Public Works Director and the appropriate committee(s) on the capacity of trunk lines and of sewerage treatment facilities and any other information presented.

(2) The proposed land division is located within an urban service area contiguous to an arterial transmission water main of adequate capacity for the proposed development or if the water distribution system that is needed is under construction or scheduled for construction within the current budget year, and funds, either public or private, are available for the program. The Plan Commission and the Common Council shall consider the recommendations from the City's utilities and the Public Works Director and the appropriate committee(s) on line capacities, water sources and storage facilities, as well as any other information presented.

(3) The City Treasurer verifies to the Plan Commission and the Common Council that adequate funds, either public or private, are available to insure the installation of all necessary stormwater management facilities.

(4) The Public Works Director can demonstrate to the Plan Commission and the Common Council that street maintenance and refuse collection services, either public or private, are so situated that adequate and timely service can be provided so as not to involve danger or injury to the health, safety or general welfare to the future residents of the proposed land division or existing City residents.

(5) The Plan Commission verifies that the future residents of the proposed land division can be assured park, recreation and open space facilities and services which meet the standards of the City's Comprehensive Plan.

(6) The Police Department, EMS and Fire Department verify that timely and adequate service can be provided to the residents.

(7) The proposed land division is accessible by existing or officially mapped, publicly maintained, all-weather roadway system, adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division in accordance with the Official Map and City standards.

D. Where the Plan Commission and the Common Council determine that one or more public facilities or services are not adequate for the proposed development, but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.

E. No land shall be divided which has been officially mapped as public lands or stormwater management facility or is determined by the Common Council to be unsuitable for use pursuant to § 474-9, Land suitability, of this chapter.

F. The above requirements shall not apply to those areas outside the corporate limits of the City of Bayfield and within the City's extraterritorial limits. Areas within the City capable of being served by public sewer and water shall be required to connect to the City of Bayfield public water distribution and/or public sewerage system if determined by the Public Works Director to be feasible. If such connection(s) are not determined feasible, the proposed land division shall provide for adequate on-site systems and such special piping provisions as may be necessary to serve the anticipated development during the interim period until such City public water and/or sewerage systems are determined by the Public Works Director to be feasibly available for connection. The subdivider, and his heirs and assigns, shall, by written plat restriction, agree to abandon the interim water and sewerage facilities and connect to the City public water and sewerage facilities upon a determination by the Public Works Director that such facilities are available for feasible connection.

§ 474-18. Disclaimers of liability.

A. The purpose of requiring approvals under this chapter is to insure the health, safety, morale, comfort, prosperity and general welfare of the City. This chapter shall not be interpreted as placing any responsibility or liability on any City official, City employee or the City as a municipal corporation for the granting of approval or the denial of any approval. All approvals rendered as part of this chapter shall be considered as being approved conditionally based on the information and circumstances apparent at that time.

B. Approvals issued by the City shall not be construed as an assumption or expression of any responsibility, warranty or guarantee for the design or construction of any improvements within the land division.

ARTICLE V

Technical Requirements for Plats and Certified Surveys

§ 474-19. Preliminary plats.

A. General. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a registered land surveyor and the plat prepared on mylar or paper of good quality at a scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

(1) Title under which the proposed subdivision is to be recorded.

(2) Location of the proposed subdivision by government lot, quarter section, township, range, county and state.

(3) Date, scale and North point.

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

(5) Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat even though only a portion of said area is proposed for immediate development. The Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and undue hardship would result from strict application thereof.

B. Plat data. All preliminary plats shall show the following:

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

(2) Locations of all existing property boundary lines, structures, drives, streams and watercourses, marshes, rock outcrops, wooded areas, railroad tracks and other significant features within the tract being subdivided or immediately adjacent thereto.

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

(4) Location and names of any adjacent subdivisions, parks and cemeteries and owners of record of abutting unplatted lands.

(5) Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established center-line elevations.

(6) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes, the location of manholes, catch basins, hydrants, electric and communication facilities, whether overhead or underground, and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by the direction and distance from the tract, size and invert elevations.

(7) Corporate limit lines within the exterior boundaries of the plat or immediately adjacent thereto.

(8) Existing zoning on and adjacent to the proposed subdivision.

(9) Contours within the exterior boundaries of the plat and extending to the center line of adjacent public streets to national map accuracy standards based upon mean sea level datum at vertical intervals of not more than two feet. At least two permanent bench marks shall be located in the immediate vicinity of the plat; the location of the bench marks shall be indicated on the plat, together with their elevations referenced to mean sea level datum and the monumentation of the bench marks clearly and completely described. Where, in the judgment of the Public Works Director, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used.

(10) High-water elevation of all ponds, streams, lakes, flowages and wetlands within the exterior boundaries of the plat or located within 100 feet therefrom.

(11) Water elevation of all ponds, streams, lakes, flowages and wetlands within the exterior boundaries of the plat or located within 100 feet therefrom at the date of the survey.

(12) Floodland and shoreland boundaries and the contour line lying a vertical distance of two feet above the elevation of the one-hundred-year recurrence interval flood or, where such data is not available, two feet above the elevation of the maximum flood of record within the exterior boundaries of the plat or within 100 feet therefrom.

(13) Location and results of percolation tests within the exterior boundaries of the plat conducted in accordance with § Comm 85.20, Wis. Adm. Code, where the subdivision will not be served by public sanitary sewer service.

(14) Location, width and names of all proposed streets and public rights-of-way such as alleys and easements.

(15) Approximate dimensions of all lots together with proposed lot and block numbers. The area in square feet of each lot shall be provided.

(16) Location and approximate dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainageways or other public use or which are to be used for group housing, shopping centers, church sites or other nonpublic uses not requiring lotting.

(17) Approximate radii of all curves.

(18) Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to access.

(19) Any proposed lake and stream improvement or relocation, and notice of application for approval by the Division of Environmental Protection, Department of Natural Resources, when applicable.

(20) Where the Plan Commission or Public Works Director finds that it requires additional information relative to a particular problem presented by a proposed development in order to review the preliminary plat, it shall have the authority to request in writing such information from the subdivider.

C. Additional information. The Plan Commission and/or City officials may require a proposed subdivision layout of all or part of the contiguously owned land even though division is not planned at the time.

§ 474-20. Final plats.

A. General. A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of § 236.20, Wis. Stats., and this chapter.

B. Additional information. The final plat shall show correctly on its face, in addition to the information required by § 236.20, Wis. Stats., the following:

(1) Exact length and bearing of the center line of all streets.

(2) Exact street width along the line of any obliquely intersecting street.

(3) Exact location and description of streetlighting and lighting utility easements.

(4) Railroad rights-of-way within and abutting the plat.

(5) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

(6) Special restrictions required by the Common Council, upon the recommendation of the Plan Commission, relating to access control along public ways or to the provision of planting strips.

(7) Taxes. Certifications by attached information showing that all taxes and special assessments currently due on the property to be subdivided have been paid in full.

(8) Drainage flows. The subdivider shall cause to be set upon the final plat arrows indicating the directions of drainage flows for each property line not fronting on a street on all parcels and along each street as will result from the grading of the site, the construction of the required public improvements, or which are existing drainage flows and will remain. The arrows indicating the directions of flows shall be appropriately weighted so as to differentiate between the minor and major (one-hundred-year event) drainage components. The arrows shall be accompanied on the plat with the following note:

Arrows indicate the direction of drainage flows in various components resulting from site grading and the construction of required public improvements. The drainage flow components located in easements shall be maintained and preserved by the property owner unless approved by the Public Works Director.

(9) Groundwater presence.

(a) Where the groundwater table is equal to or less than nine feet from the proposed street center line elevation, the subdivider shall place the following note on the plat:

Subsoil information indicates the presence of groundwater conditions that may require basement elevations on Lot(s) ______________ to be at elevation ______________ or higher, or that a modified structural plan of the structure's foundation shall be submitted.

(b) The elevation of the basement as described in the paragraph to be placed on the plat shall be a minimum of two feet higher than the elevation of the groundwater table as determined by the Public Works Director from the soils information.

C. Deed restrictions. Restrictive covenants and deed registrations for the proposed subdivision shall be filed with the final plat.

D. Property owners' association. The legal instruments creating a property owners' association for the ownership and/or maintenance of common lands in the subdivision shall be filed with the final plat.

E. Survey accuracy.

(1) Examination. The Common Council and Plan Commission, or their designees, shall examine all final plats within the City of Bayfield and may check for the accuracy and closure of the survey, the proper kind and location of monuments, and legibility and completeness of the drawing.

(2) Maximum error of closure. Maximum error of closure before adjustment of the survey of the exterior boundaries of the subdivision shall not exceed, in horizontal distance or position, the ratio of 1:5,000, nor in azimuth, four seconds of arc per interior angle. If field measurements exceed this maximum, new field measurements shall be made until a satisfactory closure of the field measurements has been obtained; the survey of the exterior boundary shall be adjusted to form a closed geometric figure.

(3) Street, block and lot dimensions. All street, block and lot dimensions shall be computed as closed geometric figures based upon the control provided by the closed exterior boundary survey. If checks disclose an error for any interior line of the plat greater than the ratio of one part in 1:3,000, or an error in measured angle greater than one minute of arc for any angle where the shorter side forming the angle is 300 feet or longer, necessary corrections shall be made. Where the shorter side of a measured angle is less than 300 feet in length, the error shall not exceed the value of one minute multiplied by the quotient of 300 divided by the length of the shorter side; however, such error shall not in any case exceed five minutes of arc.

(4) Plat location. Where the plat is located within a quarter-section, the corners of which have been relocated, monumented and coordinated by the City, the tie required by § 236.20(3)(b), Wis. Stats., may be expressed in terms of grid bearing and distance; and the material and Wisconsin State plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision.

F. Surveying and monumenting. All final plats shall meet all the surveying and monumenting requirements of § 236.15, Wis. Stats.

G. State plane coordinate system. Where the plat is located within a quarter-section, the corners of which have been relocated, monumented and coordinated by the City, the plat shall be tied directly to one of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin State plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the City's control survey.

H. Certificates. All final plats shall provide all the certificates required by § 236.21, Wis. Stats.; and in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter.

§ 474-21. Certified survey land divisions.

The certified survey requirements and procedures for submission, review and recordation for certified survey land divisions shall be as set forth in § 474-15 of this chapter. In addition, the following technical requirements shall apply:

A. Additional information. The certified survey map shall show correctly on its face, in addition to the information required by § 236.34, Wis. Stats., the following;

(1) All existing buildings, watercourses, drainage ditches and other features pertinent to proper division.

(2) Setbacks or building lines required by the Common Council and Chapter 500, Zoning, of the Code of the City of Bayfield.

(3) All lands reserved for future acquisition.

(4) Date of the map.

(5) Graphic scale.

(6) Name and address of the owner, subdivider and surveyor.

(7) Square footage of each parcel.

(8) Present zoning for the parcels.

B. State plane coordinate system. Where the map is located within a quarter-section, the corners of which have been relocated, monumented and coordinated by the City, the map shall be tied directly to one of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin State plane coordinate of the monument marking the relocated section or quarter corner to which the map is tied shall be indicated on the map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the City's control survey.

C. Certificates. The surveyor shall certify on the face of the certified survey map that he has fully complied with all the provisions of this chapter. The Common Council, after a recommendation by the reviewing agencies, shall certify its approval on the face of the map.

D. Street dedication. Dedication of streets and other public areas shall require, in addition, the owner's certificate and the mortgagee's certificate in substantially the same form as required by § 236.21(2)(a), Wis. Stats.

E. Requirements. To the extent reasonably practicable, the certified survey shall comply with the provisions of this chapter relating to general requirements, design standards and required improvements. Conveyance by metes and bounds shall be prohibited where the lot(s) involved is less than 1 1/2 acres or 300 feet in width.

ARTICLE VI

Required Improvements

§ 474-22. Improvements required.

A. General requirement.

(1) In accordance with the authority granted by § 236.13, Wis. Stats., the City of Bayfield hereby requires that, as a condition of final plat or certified survey map approval, the subdivider agree to make and install all public improvements required by this chapter or the subdivider shall provide the City with security to ensure that the subdivider will make the required improvements. As a further condition of approval, the Common Council hereby requires that the subdivider be responsible for the cost of any necessary alterations of any existing utilities which, by virtue of the platting or certified survey map, fall within the public right-of-way.

(2) As a condition for the acceptance of dedication of public rights-of-way, the City requires that the public ways have been previously provided with all necessary facilities constructed to City specifications, including, but not limited to, sewerage, storm drainage, water mains and services, grading and improvement of the streets and other public ways, sidewalks, street signing, streetlighting and such other facilities required by the Common Council or that a specific portion of the costs be paid in advance as provided in § 66.0709(2), Wis. Stats.:

(a) The required public improvements shall be installed by the subdivider at his cost; or

(b) The subdivider may petition the City for the installation of the required improvements by City contract. The petition must be received by the City prior to August 15 of the year preceding the required installation so that the petition may be considered for inclusion in the City budget. If the Common Council elects to install the petitioned improvements, it shall establish special assessments for the recovery of the costs. The special assessments due from the subdivider for the portion of the petitioned improvements necessary to serve the proposed land division shall be due to the City, together with interest, within six months of the date of City acceptance of the improvements.

B. General standards. The following required improvements in this chapter shall be installed in accordance with the engineering standards and specifications which have been adopted by the Common Council. Where standards and specifications have not been adopted, the improvements shall be made in accordance with good engineering practices, approved prior to the start of construction by the Public Works Director. When new or revised standards and/or specifications have been adopted by the City, work on public improvements not begun within five years of the date of final plat adoption shall be made to the new or revised standards and/or specifications. The Public Works Director shall review and approve the construction plans, specifications and calculations for the construction of the required public improvements.

C. Project manager. The subdivider shall designate a project manager who shall be readily available on the project site during the construction of the required public improvements. The project manager shall be granted authority on behalf of the subdivider to make decisions related to the construction of the required public improvements as they may arise during the course of the construction. The project manager shall also be responsible for the scheduling and coordination of the required work to construct the required improvements. Correspondence with or verbal orders to the designated project manager shall have the same authority as with the subdivider directly.

§ 474-23. Agreement for proper installation of improvements; surety.

A. Subdivider shall either install improvements and/or contract with the City and may receive annual extensions for delay in making improvements. Before final approval of any plat located within the corporate limits of the City, the subdivider shall:

(1) Install street and utility improvements as provided by this chapter; or

(2) As an alternative, if such improvements are not installed as required at the time that the final plat is submitted for approval, the subdivider shall, before the recording of the plat, enter into a contract with the City agreeing to install the required improvements and shall file with said contract a bond, irrevocable letter of credit meeting the approval of the City Attorney or a certified check in an amount equal to the estimated cost of the improvements, said estimate to be made by the Public Works Director as a guarantee that such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of the recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied.

(3) The Common Council may extend for a one-year period at a time the requirement that subdividers install street and utility improvements for any plat and/or subdivision. If a one-year extension is approved, the contract and financial guarantees required by this section shall also be extended and signed or the extension given by the Common Council shall be withdrawn.

B. Financial guarantees.

(1) The subdivider shall file with said contract, subject to the approval of the City Attorney, a bond, irrevocable letter of credit or certified check in an amount equal to 100% of the estimate of the cost prepared by the Public Works Director as surety to guarantee that such improvements will be completed by the subdivider or his contractors not later than 24 months from the date of recording the plat.

(2) However, the subdivider may elect, with the approval of the City, to install the improvements in construction phases provided that:

(a) The phases are specified in the contract for land division improvements;

(b) The developer submits surety in an amount equal to 100% of the estimate of the Public Works Director sufficient for the construction of all phases of construction or park improvement in progress;

(c) The developer records deed restrictions approved by the City Attorney which specify that the lots which are included in future construction phases of the land division will not be transferred or sold unless the City's approval is obtained;

(d) The subdivider minimizes grading and other disturbances to lands included in future construction phases in order to prevent erosion; and

(e) Erosion control plans and measures submitted and approved herein shall address the individual phases of construction.

(3) The time limit for completion of a phased improvement program shall take into account the needs and desires of the City and adjacent property owners for street and other improvements to serve lands adjacent to and within the land division.

(4) As work progresses on installation of improvements constructed as part of the contract, the Public Works Director, upon written request from the subdivider from time to time, is authorized to recommend a reduction in the amount of surety as hereinafter provided. When portions of construction (water, sanitary sewer, street, sidewalk, greenway or other improvements) are completed by the subdivider and determined acceptable by the Public Works Director, the City Clerk is authorized, upon submission of lien waivers by the subdivider's contractors, to reduce the amount of surety. The amount of surety remaining shall be equal to 100% of the estimate of the Public Works Director of costs of work remaining to be completed and accepted and to insure performance of the one-year guarantee as specified below against defects in workmanship and materials on work accepted. When the work on the major components of construction has been substantially completed, except for work which cannot be completed because of weather conditions or other reasons which, in the judgment of the Public Works Director are valid for noncompletion, the City Clerk is authorized to accept a reduction in the amount of surety to an amount in the estimate of the Public Works Director, sufficient to cover the work remaining to be completed, including performance of the one-year guarantee period against defects in workmanship and materials. As a further guarantee that all obligations under contract for work on the development are satisfied, the contractor and subcontractors who are to be engaged in the construction of utilities or street improvements on the street right-of-way to be dedicated shall be approved for such work by the Public Works Director prior to commencing construction. The Common Council, at its option, may extend the bond period for additional periods not to exceed one year each.

(5) Governmental units to which these bond and guarantee provisions apply may, in lieu of said contract or instrument of guarantee, file a resolution or letter from officers authorized to act in their behalf, agreeing to comply with the provisions of this section.

(6) The subdivider shall agree in the development contract to pay all street and sidewalk assessments, specifically all area charges for sanitary sewer mains and all water main assessments, including where the land division abuts existing streets which are not improved within the City standard street improvements (including, but not limited to curb and gutter, local storm sewer, sidewalks and a bituminous pavement).

C. Waiver of special assessment notice and hearing. The subdivider shall file with said contract, subject to the approval of the City Attorney, a waiver of special assessment notices and hearings such that the subdivider, his heirs and assigns (including purchasers of property from the subdivider), waive notice and hearing for and authorize the assessment for any and all of the required public improvements in phases of the land division intended for future development in accordance with § 66.0703(7)(b), Wis. Stats.

§ 474-24. Required construction plans; City review; inspections.

A. Engineering reports, construction plans and specifications. As required by § 474-12, engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the preliminary plat. At the final plat stage, construction plans for the required improvements conforming in all respects with the standards of the Public Works Director and the ordinances of the City shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his seal. Such plans, together with the quantities of construction items, shall be submitted to the Public Works Director for his approval and for his estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required. Simultaneously with the filing of the final plat with the City Clerk or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:

(1) Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements.

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