City of Bayfield _ Code of Ordinances

[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.]

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.

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.

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.

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.

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.

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."

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, 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 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.

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:

(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:

(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.

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.

(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:

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

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

(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.

(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.

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.

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.

(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.

(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.

(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.

(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.

(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.

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.

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.

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.

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.

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:

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

(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.

(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.

(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.

(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.

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:

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

(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.

(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.

(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.

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.

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.

(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.

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:

(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.

(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:

(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.

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.

(2) Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations and materials of required facilities to City limits only.

(3) Storm sewer and open channel plans and profiles showing the locations, grades, sizes, cross sections, elevations and materials of required facilities to City limits only.

(4) Water main plans and profiles showing the locations, sizes, elevations and materials of required facilities.

(5) Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation. Such plans shall comply with the City's Erosion Control Chapter, if applicable.

(6) Planting plans showing the locations, age, caliper, species and time of planting of any required grasses, vines, shrubs and trees.

B. Action by the Public Works Director. The Public Works Director shall review or cause to be reviewed the plans and specifications for conformance with the requirements of this chapter and other pertinent City ordinances and design standards recommended by the Public Works Director and approved by the Common Council. If the Public Works Director rejects the plans and specifications, he shall notify the owner, who shall modify the plans or specifications or both accordingly. When the plans and specifications are corrected, the Public Works Director shall approve the plans and specifications for transmittal to the Common Council. The Common Council shall approve the plans and specifications before the improvements are installed and construction commenced.

(1) Prior to starting any of the work covered by the plans approved above, written authorization to start the work shall be obtained from the Public Works Director upon receipt of all necessary permits and in accordance with the construction methods of this chapter. Building permits shall not be issued until all improvements required by this chapter are satisfactorily completed.

(2) During the course of construction, the Public Works Director shall make such inspections as he or the Common Council deems necessary to insure compliance with the plans and specifications as approved. The owner shall pay the actual cost incurred by the City for such inspections. This fee shall be the actual cost to the City of inspectors, engineers and other parties necessary to insure satisfactory work.

D. Subdivider to reimburse the City for costs sustained. The subdivider of land divisions within the City shall reimburse the City for its actual cost of design, inspection, testing, construction and associated legal and real estate fees for the required public improvements for the land division. The City's costs shall be determined as follows:

(1) The cost of City employees' time engaged in any way with the required public improvements based on the hourly rate paid to the employee multiplied by a factor determined by the City Treasurer to represent the City's cost for expenses, benefits, insurance, sick leave, holidays, vacation and similar benefits.

(3) The cost of mileage reimbursed to City employees which is attributed to the land division.

(4) The actual costs of City materials incorporated into the work, including transportation costs plus a restocking and/or handling fee not to exceed 10% of the cost of the materials.

(5) All consultant fees associated with the public improvements at the invoiced amount plus administrative costs. Unless the amount totals less than $50, the City shall bill the subdivider monthly for expenses incurred by the City. Statements outstanding for more than 30 days shall accrue interest at the rate of 1 1/2% per month. Bills outstanding for more than 90 days shall be forwarded to the subdivider's surety agency for payment. Amounts less than $50 shall be held for billing by the City until amounts total more than $50 or until the conclusion of project activities.

E. Record plans. After completion of all public improvements and prior to final acceptance of said improvements, the subdivider shall make or cause to be made two copies of record plans showing the actual "as-built" location of all valves, manholes, stubs, sewers and water mains and such other facilities as the Public Works Director shall require. These plans shall be prepared on the original Mylars of the construction plans and shall bear the signature and seal of a professional engineer registered in Wisconsin. The presentation of the record plans shall be a condition of final acceptance of the improvements and release of the surety bond assuring their completion.

The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter:

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

B. Construction standards. Construction of all streets shall conform to the current standards as established by the City in this chapter and elsewhere and shall be subject to approval of the Public Works Director before acceptance.

C. Conform to Official Map. The arrangement, width, grade and location of all streets shall conform to the Official Map.

D. Survey monumentation. Before final approval of any plat or certified survey within the corporate limits of the City, the subdivider shall install monuments placed in accordance with the requirements of Ch. 236, Wis. Stats., or as may be required by the Public Works Director. All survey monumentation located adjacent to street or public rights-of-way, but not located within street payment, shall be protected with steel fence posts erected near the survey monumentation. The Public Works Director may waive the placing of monuments for a reasonable time during public improvement construction on condition that the subdivider executes a survey to insure the placing of such monuments within the time required. On behalf of the City, the City Clerk is authorized to accept such surety bonds and contracts for monumentation in an amount approved by the Public Works Director. Building permits shall not be issued until all survey monumentation for the block(s) of lots in which the lot(s) for which building permits are being applied for within the phase of the land division under development has been installed. When the land division includes and established 1/2, 1/4, 1/4 — 1/4, or such other section monument, the established monument shall be preserved and/or fully restored by the subdivider at his cost.

E. Street construction. After the installation of all required utility and stormwater drainage improvements, the subdivider shall prepare for surfacing all roadways in streets proposed to be dedicated, to the widths prescribed by these regulations, by placing crushed rock on said roadways and, in addition, shall surface said street, in a manner and quality consistent with this chapter and plans and specifications approved by the Public Works Director. Construction shall be to City standard specifications for street improvements.

F. Street cross sections. When permanent street cross sections have been approved by the City, the subdivider shall finish grade all shoulders and road ditches, install all necessary culverts at intersections and, if required, surface ditch inverts to prevent erosion and sedimentation in accordance with plans and standard specifications approved by the Public Works Director.

After the installation of all utility and stormwater drainage improvements, the subdivider shall be required to construct concrete curbs and gutters or, if approved by the City, a system of ditches and culverts, in accordance with City standard specifications. The subdivider shall install concrete curb and gutter along both sides of all streets and boulevards shown on the plat. The cost of the curb and gutter required inspection, supervision and engineering fees shall be paid for by the subdivider. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts. The cost of installation of all inside curbs and gutters for dual roadway pavements shall be borne by the City. The size of culverts to be provided shall be determined by the Public Works Director. All culverts shall be of corrugated steel pipe.

A. When required by the Common Council, the construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Public Works Director and in compliance with this Code of the City of Bayfield. Sidewalks shall be constructed by the subdivider when required by the Common Council according to the dimensions established in § 349-5 of Chapter 349, Streets and Sidewalks of the Code of the City of Bayfield.

B. Wider-than-standard sidewalks may be required by the Common Council in the vicinity of schools, commercial areas and other places of public assemblage; and the Common Council may require the construction of sidewalks in locations other than required under the preceding provisions of this section if such walks are necessary, in its opinion, for safe and adequate pedestrian circulation.

C. Where required, all sidewalks shall be installed prior to the issuance of an occupancy permit for any lot within a subdivision; but, in no event, not later than one year from acceptance of the final plat. If the sidewalk is not installed within one year from the acceptance of the final plat, the City will order the sidewalk installed. If it is impossible to install sidewalks prior to the issuance, due to weather conditions, then the developer shall place adequate funds in escrow with the City to assure completion.

A. Sanitary sewers, including all related items (manholes, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the City. Where sewers larger than eight inches in diameter are required, the subdivider shall be responsible for the cost of an eight-inch sewer. The difference in cost between the eight-inch sewer and that installed shall be borne by the City.

B. The subdivider shall construct sanitary sewers in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. Sewerage service lines of the sizes and materials required by the Public Works Director shall be installed from the sanitary sewers to the property line of every lot in the subdivision. This installation will be coordinated with the installation of sanitary sewers. If central sewer facilities are not available, the subdivider shall make provision for adequate private sewage disposal systems as specified by the Common Council and the Department of Commerce; however, any lot containing less than one acre of land and being less than 150 feet wide must be served by public sanitary sewer facilities, unless in the considered opinion of the Common Council such service will be made available to the subdivision within five years of the date of the submission of the preliminary plat. The Common Council may require the installation of sewer laterals to the street lot line. If, at the time of final platting, sanitary sewer facilities are not available to the plat, but will become available within a period of five years from the submission of the preliminary plat, the subdivider shall install or cause to be installed sanitary sewers and sewer laterals to the street lot line in accordance with this section and shall cap all laterals as may be specified by the Public Works Director. The size, type and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and standard specifications approved by the Public Works Director. All sanitary sewer facilities shall be floodproofed.

(1) The subdivider shall have prepared plan and profile drawings and specifications for the installation of water main facilities in accordance with City master water main plan, including the water main, pipe fittings, valves, hydrants and lateral house connections for each lot in the subdivision extended to the lot line. Upon approval of the plans by the Public Works Director and the Common Council, the subdivider shall cause to be installed, in accordance with the "Standard Specifications for Sewer and Water Construction in Wisconsin," all facilities required, and the cost of same, including inspection. Supervision and engineering fees shall be paid for by the subdivider.

(2) Where water mains larger than eight inches in diameter are required, the subdivider shall be responsible for the cost of an eight-inch main. The difference in cost between the eight-inch main and that installed shall be borne by the Utility.

(3) The rules of the Utility on file with the Wisconsin Public Service Commission are hereby adopted by reference and made a part hereof as though fully set forth herein.

B. The subdivider shall construct water mains in such a manner as to make adequate water service available to each lot within the subdivision. If municipal water service is not available, the subdivider shall make provision for adequate private water systems as specified by the Public Works Director and the Division of Environmental Protection; however, any lot containing less than one acre of land and being less than 150 feet wide must be served by public water facilities, unless in the considered opinion of the Common Council such services will be made available to the subdivision within five years of the date of the submission of the preliminary plat. The Common Council may require the installation of water laterals to the street lot line. The size, type and installation of all public water mains proposed to be constructed shall be in accordance with plans and standard specifications approved by the Public Works Director, and shall be paid for by the developer.

Pursuant to § 474-43, the subdivider shall provide stormwater drainage facilities which include curb and gutter, manholes, catch basins and inlets, storm sewers, storm sewer laterals from the main to the lot line, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, the type of facility required, the design criteria and the sizes and grades to be determined by the Public Works Director. Storm sewer laterals of the sizes and materials required by the Public Works Director shall be installed from the mains to the lot line of every lot in the subdivision when storm sewer mains shall be required by this section. Storm drainage facilities shall be so designed as to present no hazard to life or property, minimize shoreland erosion and siltation of surface waters, shall prevent excess runoff on adjacent property and shall provide positive drainage away from on-site sewage disposal facilities. The size, type and installation of all stormwater drain and sewers proposed to be constructed shall be in accordance with this chapter and plans and standard specifications approved by the Public Works Director. Storm drainage facilities shall be so designed as to minimize hazards to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the Public Works Director. Storm sewers oversized to handle runoff from off-site properties will be installed by the subdivider; however, the cost of oversizing above a twenty-four-inch diameter storm sewer shall be paid by other users connecting to the system.

A. The subdivider shall cause gas, electric power, cable television and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision, certified survey or land division. All new electrical distribution television cables and telephone lines from which lots are individually served shall be underground unless the Common Council, upon the recommendation of pertinent City utilities or Plan Commission, specifically allows overhead poles for the following reasons:

(1) Topography, soil, water table, solid rock, boulders, or other physical conditions would make underground installation unreasonable or impractical; or

(2) The lots to be served by said facilities can be served directly from existing overhead facilities.

B. Plans indicating the proposed location of all gas, electrical power, cable television and telephone distribution and transmission lines required to service the plat shall be approved by the Public Works Director.

The subdivider may be required to install street lamps along all streets proposed to be dedicated of a design compatible with the neighborhood and type of development proposed. Such lamps shall be placed as may be required by the Public Works Director.

The subdivider shall arrange with the City and pay the costs of providing the street signing necessary to serve the development. Such signing shall include street name signs and such temporary barricades and "road closed" signs as may be required by the Public Works Director until the street improvements have been accepted by Common Council resolution.

The subdivider shall cause all gradings, excavations, open cuts, side slopes, and other land surface disturbances to be mulched, seeded, sodded or otherwise protected so that erosion, siltation, sedimentation and washing are prevented. The subdivider shall submit an erosion control plan that specifies measures that will be taken to assure the minimization of erosion problems.

When the land included in a subdivision plat or certified map abuts upon or is adjacent to land used for farming or grazing purposes, the subdivider shall erect, keep, and maintain partition fences, satisfying the requirements of the Wisconsin Statutes for a legal and sufficient fence, between such land and the adjacent land. A covenant binding the developer, its grantees, heirs, successors, and assigns to erect and maintain such fences, without cost to the adjoining property owners, so long as the land is used for farming or grazing purposes, shall be included upon the face of the final plat or certified survey map.

A. Utility easements. The Common Council, on the recommendation of appropriate departments, utilities and agencies serving the City, shall require utility easements for poles, wire, conduits, storm and sanitary sewers, gas, water and head mains or other utility lines. It is the intent of this chapter to protect all established easements so as to assure proper grade, assure maintenance of the established grade, prohibit construction of permanent fences or retaining walls over underground installation and prevent the planting of trees in the easement area.

B. Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream:

(1) There shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose and as may be necessary to comply with this section; or

(2) The watercourse, drainageway, channel or stream may be relocated in such a manner that the maintenance of adequate drainage will be assured and the same provided with a stormwater easement or drainage right-of-way conforming to the lines of the relocated watercourse, and such further width or construction, or both, as will be adequate for the purpose and may be necessary to comply with this section.

(3) Wherever possible, it is desirable that drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume flow. In all cases, such watercourse shall be of a minimum width established at the high-water mark or, in the absence of such specification, not less than 30 feet. If, in the opinion of the Public Works Director, the easement will be for a major drainage swale, the easement shall be of sufficient width to contain a one-hundred-year frequency storm. If the drainage easement is located in an established Floodway or Flood-Fringe District, the entire floodplain area shall be included within the drainage easement.

(1) Utility easements shall be at least 12 feet wide, or wider where recommended by the Public Works Director, and may run across lots or alongside of rear lot lines. Such easements should preferably be located along rear lot lines. Evidence shall be furnished the Plan Commission and Common Council that easements and any easement provisions to be incorporated in the plat or in deeds have been reviewed by the individual utility companies or the organization responsible for furnishing the services involved.

(2) All easements dedicated on final plat or certified survey maps for survey maps for poles, cables or conduits for electricity, telephone or other private utility lines shall be noted thereon as "Utility Easement." All easements for storm and sanitary sewers, water and force mains, pedestrian walks and other public purposes shall be noted thereon as "Public Easement for" followed by reference to the use or uses for which they are intended.

D. Deed restrictions for easements. Deed restrictions shall accompany each final plat or certified survey map, and shall be filed in the Register of Deeds office. In addition to whatever else may be contained therein, such restrictions shall describe the location and width of utility and public easements which are being established; a description by reference to the final plat or certified survey map shall suffice. Such restrictions shall further recite that the utility companies and the public agencies using such easements are granted the right to place, and shall state that the elevation of such easements as graded by the subdivider may not be altered thereafter by him, or any subsequent landowner by more than six inches.

When any public improvements of adequate capacity are not available at the boundary of a proposed land division, the City, or its duly authorized representative, shall require, as a prerequisite to approval of a final plat or certified survey map, assurances that such improvement extensions shall be provided as follows in accordance with the following standards:

A. Design capacity. All improvements within or entering or leaving the proposed development shall be installed to satisfy the service requirements for the entire service or drainage area in which the development is located and the improvements shall be of sufficient capacity to handle the expected development of the overall service area involved.

B. Extra-sized and off-size improvements. Where improvements of adequate size needed to serve the development are not available at the boundary of the development, the subdivider shall proceed under one of the alternatives as identified in § 474-22A.

C. Lift stations. Where sanitary or storm sewer lift stations and force mains are required to lift sewage to the gravity system, the subdivider shall have plans, profiles, specifications and estimated operation and maintenance costs prepared for the installation of such facilities to the Public Works Director's requirements. Equipment similar to existing City equipment shall be utilized whenever possible. The installation, inspection, supervision and engineering fees for lift stations and/or force mains shall be paid for by the subdivider unless otherwise determined and agreed upon by the Common Council. Gravity sanitary sewer service shall be employed whenever determined by the Public Works Director to be feasibly accessible.

A. Acceptance of improvements. The dedication of any improvements, utilities, streets, parks, easements, rights-of-way or other lands or rights to the City or the public shall not be considered accepted by the City for public ownership until such time as the required public improvements within the intended dedication or necessary because of the intended dedication have been completed and accepted by the Common Council by adoption of a resolution accepting such dedication. The subdivider shall be responsible for and liable for the maintenance, safety and operation of all required public improvements until such time as the improvements are accepted by the Common Council by resolution. In the event the City must take measures to maintain, operate or make safe a public improvement existing or required as a result of the land division but which has not yet been accepted by the City, the costs of such measures shall hereby be determined to be City-incurred costs to be reimbursed to the City by the subdivider in accordance with the provisions of this chapter.

(1) After any of the following increments of the required improvements have been installed and completed, the subdivider shall notify the Public Works Director, in writing, that the work is complete and ready for final inspection, shall file reproducible record drawings of the completed improvements and shall file lien waivers or affidavits, in a form acceptable to the Public Works Director and approved by the City Attorney, evidencing that there are no claims, actions or demands for damages, based upon contract or tort arising out of or in any way related to the project and that no moneys are owned to any surveyor, mechanic, contractor, subcontractor, materialman or laborer after all required improvements have been installed. Acceptance of the improvements may be requested in the following increments:

(d) Other miscellaneous appurtenances to the above increments such as sidewalks, bikeways, streetlighting, street signing, etc.

(2) The City Treasurer shall certify that there are no unpaid taxes or unpaid special assessments on any of the lands included in the area of acceptance and shall prepare a final billing for engineer, inspection and legal fees and submit it to the subdivider for payment. The Public Works Director shall conduct any necessary final inspections of the improvements and forward a report to the City Clerk recommending either approval or disapproval. When the engineering, inspection, taxes, special assessments and legal fees have been paid and when the necessary lien waivers and affidavits have been filed, the report of the Public Works Director, together with the recommendation of the City Clerk, shall be forwarded to the Common Council for approval and acceptance of the improvements and dedications.

A. Compliance with statutes. In laying out a subdivision, the owner shall conform to the provisions of Ch. 236, Wis. Stats., and all applicable City regulations. In all cases where the requirements of this chapter are different from the requirements of Ch. 236, Wis. Stats., the more restrictive provision shall apply.

B. Dedication. The subdivider shall dedicate land and improve streets as provided in this chapter and § 474-25. Streets shall be located with due regard for topographical conditions, natural features, existing and proposed streets, utilities and land uses and public convenience and safety. Streets shall conform to official maps adopted by the Common Council. The subdivision, certified survey parcel or land division shall be so designed as to provide each lot with satisfactory access to a public street or road.

C. Compliance with Comprehensive Plan. The arrangement, character, extent, width, grade and location of all streets shall conform to any City Comprehensive Plan or Official Map and to this chapter and shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. The arrangement of streets in new subdivisions shall make provision for the appropriate continuation at the same width of the existing streets in adjoining areas.

D. Areas not covered by Official Map. In areas not covered by an Official Map or a City Comprehensive Plan, the layout of streets shall conform to the plan for the most advantageous development of adjoining areas of the neighborhood. Streets shall be designed and located in relation to existing and officially planned streets, topography and natural terrain, streams and lakes and existing tree growth, public convenience and safety and in their appropriate relation to the proposed use of the land to be served by such streets.

E. Proposed streets. Proposed streets shall extend to the boundary lines of the tract being subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the Common Council, such extension is not necessary or desirable for the coordination of the layout of the subdivision or land division or for the advantageous development of the adjacent tracts.

F. Reserve strips. Reserve strips shall not be provided on any plat to control access to streets or alleys, except where control of such strips is placed with the City under conditions approved by the Common Council.

(1) Commercial and industrial. Alleys shall be provided in all commercial and industrial districts, except that the Common Council, upon the Plan Commission's recommendation, may waive this requirement where other definite and assured provision is made for service access, such as off-street loading and parking, consistent with and adequate for the uses proposed. The width of the right-of-way for residential alleys shall be not less than 24 feet and the width of the right-of-way for commercial and industrial alleys shall be not less than 32 feet. Alleys shall be constructed according to base and surfacing requirements for streets.

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

(3) Cul-de-sac streets. Cul-de-sac streets designed to have one end permanently closed shall not exceed 700 feet in length and shall terminate with a turnaround of not less than 120 feet in diameter and a roadway turnaround of 96 feet in diameter.

H. Continuation. Streets shall be laid out to provide for possible continuation wherever topographic and other physical conditions permit. Provision shall be made so that all proposed streets shall have a direct connection with, or be continuous and in line with, existing, planned or platted streets with which they are to connect. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Common Council, upon the recommendation of the Plan Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision with existing layout or the most advantageous future development of adjacent tracts. Dead-end streets not over 500 feet in length will be approved when necessitated by the topography.

I. Minor streets. Minor streets shall be so laid out so as to discourage their use by through traffic.

J. Frontage roads. Where a subdivision abuts or contains an existing or proposed arterial highway, the Common Council may require a frontage road, nonaccess reservation along the rear of the property contiguous to such highway or such other treatment as may be necessary to ensure safe, efficient traffic flow and adequate protection of residential properties.

K. Private streets. Private streets shall not be approved nor shall public improvements be approved for any private street; all streets shall be dedicated for public use.

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

M. Tangents. A tangent at least 100 feet long shall be required between reverse curves on arterial and collector streets.

N. Street grades. The grade of major thoroughfares and collector streets shall not exceed 6% unless necessitated by exceptional topography and approved by the Plan Commission. Grades of local streets shall not exceed 10%. The minimum grade of all streets shall be 0.4%.

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

P. Half-streets. Where an existing dedicated or platted half-street is adjacent to the subdivision, the other half-street shall be dedicated by the subdivider. The platting of half-streets should be avoided where possible.

(1) Property lines. Property lines at street intersections of major thoroughfares shall be rounded with a radius of 15 feet or of a greater radius where the Public Works Director considers it necessary.

(2) Angle of intersect. Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit.

(3) Number of streets converging. The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than two. Cross-type intersections on local streets shall be avoided whenever possible in favor of T-type intersections. Intersections of local streets shall be at least 125 feet from each other.

(4) Number of intersections. The number of intersections along arterial streets shall be held to a minimum. Wherever practicable, the distance between such intersections shall be not less than 1,000 feet.

(5) Property lines at street intersections. Property lines at street intersections shall be rounded with a minimum radius of 15 feet or of a greater radius when required by the Plan Commission or shall be terminated by a straight line through the points of tangency of an arc having a radius of 15 feet.

(6) Local streets. Local streets shall not necessarily continue across arterial or collector streets, but if the center lines of such local streets approach the major streets from opposite sides within 300 feet of each other, measured along the center line of the arterial or collector streets, then the location shall be so adjusted that the adjoinment across the major or collector street is continuous.

(7) Additional sight easements. At any intersection determined by the Public Works Director, restricted development easements or additional street right-of-way shall be platted to provide for adequate sight distances in every direction of travel. At a minimum, the subdivider shall grade, clear or otherwise provide for an unobstructed sight triangle at all intersections incorporating the area within a triangle formed by the intersection of the street right-of-way lines and a point on each right-of-way line being not less than 30 feet from the intersection point.

(1) New street names shall not duplicate the names of existing streets, but streets that are continuations of others already in existence and named shall bear the names of the existing streets. Street names shall be subject to approval by the Common Council, as recommended by the Plan Commission.

(2) All streets shall be named in conformity with the street naming plan of the City or with adjoining streets. In the case of diverging streets, the name shall be repeated. New street names shall not duplicate the names of existing streets, provided, however, that streets that are obviously in alignment with others already existing and names shall bear the names of the existing streets. Long or continuous thoroughfares running north and south shall be named avenues; those running east and west shall be named streets; diagonal thoroughfares shall be named roads; and curving thoroughfares shall be named drives. Short or discontinuous thoroughfares running north and south shall be named courts; those running east and west shall be named places; diagonal thoroughfares shall be named ways; and curving thoroughfares shall be named lanes.

S. Limited access highway and railroad right-of-way treatment. Whenever the proposed subdivision contains or is adjacent to a limited access highway, arterial street or railroad right-of-way, the design shall provide the following treatment:

(1) Subdivision lots. When lots within the proposed subdivision back upon the right-of-way of an existing or proposed limited access highway or a railroad, a planting strip at least 30 feet in depth shall be provided adjacent to the highway or railroad in addition to the normal lot depth. This strip shall be part of the platted lots but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees and shrubs, the building of structures hereon prohibited."

(2) Commercial and industrial districts. Commercial and industrial districts shall have provided, on each side of the limited access highway, arterial street or railroad, streets approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but not less than 150 feet.

(3) Streets parallel to a limited access highway. Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street and highway or collector street which crosses said railroad or highway, shall be located at a minimum distance of 250 feet from said highway or railroad right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.

(4) Minor streets. Minor streets immediately adjacent and parallel to railroad rights-of-way shall be avoided, and location of minor streets immediately adjacent to arterial streets and highways and to railroad rights-of-way shall be avoided in residential areas.

§ 474-40. Specifications for preparation, construction and dedication of streets and roads.

(1) Construction standards. All roadway construction and materials used shall be performed in accordance with the construction methods as listed in the appropriate sections of the "State of Wisconsin Department of Transportation Standard Specifications for Road and Bridge Construction" and its supplements, and this chapter, whichever is more restrictive. The design requirements of this section and § 474-39 shall be applicable to all streets and roads that are to be dedicated to the City, regardless of whether such streets or roads are part of a new subdivision or land division. Design requirements for the pavement shall be adequate for the zoning classification of the area served by the subject street. A street which divides areas with different zoning classifications shall be constructed in accordance with the requirements of the area requiring the higher quality pavement. Any variation of this must have prior approval of the Public Works Director. Combination concrete curb and gutter is required on all streets. (Refer to § 474-26, describing requirements for curbs and gutters.) A copy of all design assumptions and computations on which the proposed design is based shall be submitted to the Public Works Director.

(2) Project costs. All roadway surveys, dedications, plans and specifications and construction will be at the expense of the applicant or applicants. This includes any expense incurred by the City in the preparation of plans and review and inspection of plans and construction.

(3) Preliminary consultation. Prior to the design, preparation and construction of any roadway to be dedicated to the City of Bayfield, the applicant shall notify the Public Works Director. An on-site meeting will then be arranged to be attended by the Public Works Director and the applicant. Plans must be provided in order for the Public Works Director to check the design and the drainage.

(4) Material slips. Copies of material slips for all materials furnished for the road construction projects shall be delivered to the City before the City approves the final construction.

(a) Prior to the commencement of any street construction, the subdivider shall notify the Public Works Director, at least one workday in advance, as to the nature of the work being done. The Public Works Director shall be contacted for required inspections after the following phases of construction:

(b) Any deficiencies found by the Public Works Director shall be corrected before proceeding to the next phase of construction.

(6) Tests of materials. The City reserves the right to obtain a sample of the roadway base material prior to placement on the roadway for purposes of determining whether the material meets gradation and soundness requirements.

(7) Pavement samples. Samples of bituminous concrete will be taken by the City during pavement construction operations for purposes of determining that the material meets specifications.

B. Construction standards. All streets and highways constructed in the City or to be dedicated to the City shall fully comply with the following construction standards:

(2) Roadway ditches. Where curb and gutter is not required by the City for rural cross-section streets, the minimum ditch slope shall be 0.50%.

. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

. Editor's Note: See Ch. 190, Construction Site Erosion Control.

. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

. Editor's Note: See also Ch. 190, Construction Site Erosion Control.

(a) The subdivider must bring all streets and alleys to a grade established by the Common Council. All site work by City employees in determining grade shall be billed at the City rate and paid by the owner.

(b) Residential streets shall have a minimum roadway base thickness of six inches of compacted in-place crushed aggregate base course of gradation No. 2 in the top layer and gradations No. 1 and No. 2 in the lower level.

(c) On commercial, arterial or other heavy-use streets, as determined by the Public Works Director, a base course of eight inches compacted shall be constructed upon an inspected and approved subgrade, either well-graded crushed gravel from a state-approved pit with a maximum stone of 1 1/2 inches and no greater than 10% by weight passing a No. 200 sieve or No. 3 crushed rock approximately six inches in depth and one or more layers of fine aggregate, either three-fourths-inch crushed gravel, well-graded with no greater than 10% passing a No. 200 sieve, or three-fourths-inch traffic-bound crushed rock.

(d) In the case of commercial, arterial or other heavy-use roads, the Common Council may, in the alternative to the above standards, have the Public Works Director provide specifications for such roads after researching the site(s) and conducting a soil analysis.

(e) In any case, the Common Council shall have the sole discretion in determining the use and construction classification to be adhered to.

(f) In all cases, the base course shall be compacted to the extent necessary to produce a condition so that there will be no appreciable displacement of material laterally and longitudinally under traffic and shall conform to line, grades and shape shown on the approved plans, profiles and cross sections.

(g) The subdivider shall furnish drawings which indicate the proposed grades of streets shown on the plat and, after approval of those grades by the Public Works Director and adoption by the Common Council, the streets shall be graded to full width of the right-of-way of the proposed street to the subgrade elevations shown on the typical cross section. The grading is to be completed prior to installation of utilities. All stumps and trees which cannot be saved, boulders and other similar items shall be removed by the subdivider.

(4) Roadway base quality. All subgrade material shall have a minimum California Bearing Ratio (CBR) of three. Subgrade material having a CBR less than three shall be removed and replaced with a suitable fill material, or the pavement must be designed to compensate for the soil conditions. The soil support CBR values selected for use by the designer should represent a minimum value for the soil to be used.

(5) Roadway subbase. Stable and nonorganic subbase material is required. Unstable and organic material must be subcut, removed and replaced with a suitable granular or breaker-run material approved by the Public Works Director.

(6) Pavement thickness. When building permits have been issued for 50% or more of the subdivision and/or a block in a subdivision, the street(s) within said subdivision or block shall be paved with three inch plant mix bituminous concrete at adjacent landowner expense. In the case of commercial, arterial or other heavy-use roads, the Common Council may, in the alternative to the above standards, have the Public Works Director provide specifications for paving such roads after researching the site(s) and conducting a soil analysis. In any case, the Common Council shall have the sole discretion in determining the use and construction classification to be adhered to.

(7) Roadway culverts and bridges. Roadway culverts and bridges shall be constructed as directed by the Public Works Director and sized utilizing the methods listed in Chapter 13, entitled "Drainage," of the "Facilities Development Manual" of the Wisconsin Department of Transportation. All roadway culverts shall be provided with concrete or metal apron endwalls.

(8) Driveway culverts. Driveway culverts shall be sized by the Public Works Director (if appropriate). The culverts shall be placed in the ditch line at elevations that will assure proper drainage, and they shall be provided with concrete, metal or landscape timber endwalls.

(9) Topsoil, grass, seed, fertilizer and mulch. All disturbed areas (ditches, backslopes) within the road right-of-way not provided with pavement and shouldering material shall be restored utilizing four inches of topsoil and good quality grass seed, fertilizer and mulch. Ditches along the roadway with greater than a slope of 2.5% shall be protected by erosion control materials such as hay bales, sod, erosion control mats, etc.

(10) Drainage improvements. In the case of all new roads and streets, the Public Works Director may require that stormwater retention areas and storm sewers be constructed in order to provide for proper drainage.

(a) All street pavement widths on streets continued from previously developed or platted streets shall, wherever practical, provide for the greater of either the existing or required pavement type, width, grade and cross slope.

(b) Where it is necessary to provide for a transition of pavement width and/or type between new and existing streets, the transition shall occur in a safe manner at an intersection. In the event a transition in pavement width cannot safety occur at an intersection, it shall not occur closer than 250 feet to the intersection of right-of-way lines. In width transitions, the ratio of the transition length to width shall not be less than 15:1 unless the Public Works Director determines that special circumstances prevent use of such ratio, in which case the minimum transition ratio shall be 10:1.

A. Length; arrangement. The lengths, widths and shapes of blocks shall be appropriate for the topography and the type of development contemplated, but block length in residential areas shall not exceed 1,500 feet nor have less than sufficient width to provide for two tiers of lots of appropriate depth between street lines. As a general rule, blocks shall not be less than 600 feet in length. Blocks shall be so designated as to provide two tiers of lots, unless it adjoins a railroad, major thoroughfare, river or park where it may have a single tier of lots.

B. Pedestrian pathways. Pedestrian pathway easements not less than 10 feet wide may be required by the Common Council and/or Plan Commission, through the center of a block more than 900 feet long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(1) The size, shape and orientation of lots shall be appropriate for the location of topography of the subdivision, the type of sewerage or septic system to be utilized, and for the type of development contemplated, provided that no lot shall be smaller in area than the minimum lot size for the appropriate zone as established by Chapter 500, Zoning, of the Code of the City of Bayfield.

(2) Lot dimensions, shape and size shall provide for conformance to the requirements of Chapter 500, Zoning, for the permitted land use(s) without the need for the granting of Chapter 500, Zoning, variances by the Zoning Board of Appeals, but in no case shall have a frontage of less than 80 feet at the building line or a depth of less than 100 feet. Excessive depth in relation to width shall be avoided. A proportion of approximately 2 1/2:1 shall be considered as a desirable maximum for lot widths of 80 feet or more.

B. Commercial lots. Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 500, Zoning.

C. Lots abutting major highway. Residential lots adjacent to major and minor arterial streets and highways and/or railroads shall be platted with an extra 15 feet of lot and an extra 15 feet of minimum yard setback and shall otherwise be designed to alleviate the adverse effects on residential adjacent lots platted to the major street, highway, railroad or other such features.

D. Corner lots. Corner lots for residential use shall have extra width to permit full building setback of at least 30 feet from both streets, or as required by applicable zoning regulations.

F. Side lots. Side lot lines shall be substantially at right angles to or radial to abutting street lines. Lot lines shall follow City boundary lines.

G. Double and reversed frontage lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

H. Natural features. In the subdividing of any land, regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development.

I. Land remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, or a plan shown as to future use rather than allowed to remain as unusable parcels.

J. Large lots. In case a tract is divided and results in parcels of more than twice the minimum lot size provided for by Chapter 500, Zoning, of the Code of the City of Bayfield for the zoning district in which the land is located, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and with Chapter 500, Zoning.

K. Trunk highway proximity. All lots adjacent to state trunk and federal highways shall be platted with additional depth necessary to provide for a building setback line not less than 50 feet from the nearer right-of-way line or 110 feet from the center line, whichever is more restrictive (ref.: Ch. Trans 233, Wis. Adm. Code). The subdivider may appeal this requirement to the Public Works Director. Upon written request of the Public Works Director, the Wisconsin Department of Transportation is hereby authorized to then determine building setback requirements equal to or less than those required above in all land divisions (including certified surveys) adjacent to state and federal highways in accordance with the authority granted in the Administrative Code. The required building setback line and additional lot depth shall be platted so as to accommodate such required building setbacks.

L. Easement allowance. Lots containing pedestrian or drainage easements shall be platted to include additional width in allowance for the easement.

(1) As required by § 474-30, a drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. A final plat shall not be approved until the subdivider shall submit plans, profiles and specifications as specified in this section, which have been prepared by a registered professional engineer and approved by the Common Council, upon the recommendations of the Plan Commission and Public Works Director.

(2) Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.

(3) The Plan Commission shall not recommend for approval any subdivision plat which does not provide adequate means for stormwater or floodwater runoff. Any stormwater drainage system will be separate and independent of any sanitary sewer system. Storm sewers, where necessary, shall be designed in accordance with all governmental regulations, and a copy of design computations for engineering capacities shall accompany plans submitted by the planning engineer for the final plat. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point.

(1) The subdivider shall submit to the City at the time of filing a preliminary plat a preliminary drainage plan or engineering report on the ability of existing watercourse channels, storm sewers, culverts and other improvements pertaining to drainage or flood control within the subdivision to handle the additional runoff which would be generated by the development of the land within the subdivision. Additional information shall be submitted to adequately indicate that provision has been made for disposal of surface water without any damage to the developed or undeveloped land downstream or below the proposed subdivision. The report shall also include:

(a) Estimates of the quantity of stormwater entering the subdivision naturally from areas outside the subdivision.

(2) A grading plan for the streets, blocks and lots shall be submitted by the subdivider for the area within the subdivision.

(3) The design criteria for storm drainage systems shall be based upon information provided by the Public Works Director.

(4) Material and construction specifications for all drainage projects (i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with specifications provided by the Public Works Director.

C. Drainage system requirements. The subdivider shall install all the storm drainage facilities indicated on the plans required in Subsection A of this section.

(1) Street drainage. All streets shall be provided with an adequate storm drainage system. The street storm system shall serve as the primary drainage system and shall be designed to carry street, adjacent land and building stormwater drainage. No stormwater shall be permitted to be run into the sanitary sewer system within the proposed subdivision.

(2) Off-street drainage. The design of the off-street drainage system shall include the watershed affecting the subdivision and shall be extended to a watercourse or ditch adequate to receive the storm drainage. When the drainage system is outside of the street right-of-way, the subdivider shall make provisions for dedicating an easement of the City to provide for the future maintenance of said system.

D. Protection of drainage systems. The subdivider shall adequately protect all ditches to the satisfaction of the Public Works Director. Ditches and open channels shall be seeded, sodded or paved depending upon grades and soil types. (Generally ditches or channels with grades up to 1% shall be seeded; those with grades up to 4% shall be sodded and those with grades over 4% shall be paved.)

E. Drainage easements. Where a land division is traversed by a watercourse, drainageway, channel or stream:

(3) Wherever possible, drainage shall be maintained in an easement by an open channel with landscaped banks and adequate width for maximum potential volume flow. In all cases, such easements shall be of a minimum width established at the high water mark or, in the absence of such specification, not less than 30 feet.

F. Dedication of drainageways. Whenever a parcel is to be subdivided or consolidated and embraces any part of a drainageway identified on a City comprehensive stormwater management plan, comprehensive plan and/or official map or any portion thereof, such part of said existing or proposed public drainageway shall be platted and dedicated by the subdivider as an easement or right-of-way in the location and at the size indicated along with all other streets and public ways in the land division. Whenever any parcel is to be subdivided or consolidated and is part of a drainage district established under the authority of Ch. 88, Wis. Stats., the subdivider shall petition the Circuit Court to transfer the jurisdiction of that portion of the drainage district being subdivided or consolidated to the City in accordance with § 88.83, Wis. Stats.

G. Dedication/preservation of stormwater management facilities. The subdivider shall dedicate sufficient land area for the storage of stormwater to meet the needs to be created by the proposed land development and in accordance with the standards for on-site detention and as determined by the Public Works Director. Whenever a proposed stormwater management facility (e.g., detention or retention basin) shown on the Comprehensive Stormwater Management Plan, Comprehensive Plan and/or official map is located, in whole or in part, within the proposed land division, ground areas for providing the required storage capacity in such proposed public facility shall be dedicated to the public to the requirements of the Comprehensive Plan and/or Official Map. Storage areas necessary to serve areas outside the land division shall be held in reserve for a period of five years from the date of final plat approval for future acquisition by the City or other appropriate agency having the authority to purchase said property. The subdivider and City shall enter into an agreement with the City to provide for the purchase of the lands held in reserve prior to the conclusion of the five-year reserve period.

(1) The subdivider, at his cost, shall install all drainage facilities identified in the Erosion Control Plan (Building Code), if applicable, or determined by the Public Works Director as being necessary for the management of all lands and roadways within the development. In addition, drainage capacity through the development from other areas shall be provided in accordance with a Comprehensive Surface Water Management Study, if applicable. All required storm drainage facilities shall be constructed and operational prior to acceptance of any dedications and/or public improvements served by the storm drainage facilities.

(2) The subdivider shall submit to the Public Works Director for his review and approval a report on the ability of existing watercourse channels, storm sewers, culverts and other improvements pertaining to drainage or flood control within the land division to handle the additional runoff which would be generated by the development of the land within the land division. Additional information shall be submitted to adequately indicate that provision has been made for disposal of surface water without any damage to the developed or undeveloped land downstream or below the proposed land division. The report shall also include:

(a) Estimates of the quantity of stormwater entering the land division naturally from areas outside the land division.

(3) A grading plan for the streets, blocks and lots shall be submitted by the subdivider for the area within the land division.

(4) The design criteria for storm drainage systems shall be reviewed by the Public Works Director and approved or modified.

(5) Material and construction specifications for all drainage projects (i.e., pipe, culverts, seed, sod, etc.) shall be in compliance with standards and specifications provided by City ordinance and/or the Public Works Director.

I. Minor drainage system. The subdivider shall install all minor drainage system components necessary to reduce inconvenience and damages from frequent storms. Minor drainage components shall include all inlets, piping, gutters, channels, ditching, pumping and other facilities designed to accommodate the postdevelopment runoff resulting from a two-year, twenty-four-hour rainfall (ten-year, twenty-four-hour rainfall for commercial zoning district) event as determined in the most current edition of the Soils Conservation Service Technical Release 55 (TR 55). Temporary accumulations of storm runoff from ponding or flowing water, in or near minor system components, shall be permitted providing such accumulations do not encroach on any traffic lane of any collector or arterial street, nor on the center 24 feet of any local street, except on cul-de-sac or permanently dead-end streets serving less than 10 dwelling units, where such accumulations may not overtop the curb. In drainageways and drainageway easements, accumulations of water shall not inundate beyond the limits of the drainageway or drainageway easement. Cross-street drainage channels (valley gutters) shall not be permitted except on cul-de-sac or permanent dead-end streets serving less than 10 dwelling units and where the minimum grade in the valley gutter and street gutter between the valley gutter and the next downstream drainage inlet is not less than 1.00%.

J. Major drainage system. The subdivider shall install all major drainage system components necessary to reduce inconvenience and damages from infrequent storms. Major system components shall include large channels and drainageways, streets, easements and other paths and shall be capable of accommodating postdevelopment runoff in excess of that accommodated by minor system components resulting from twenty-four-hour rainfall events for storms with return frequencies greater than two years up to and including the one-hundred-year return event (as identified in TR 55). On local and collector streets and drainageways and drainage easements, accumulations of water shall not inundate any buildings at the ground line, unless such buildings are floodproofed. On arterial streets and in commercial zoning districts, accumulations of water shall not inundate any buildings at the ground line, unless such buildings are floodproofed and the depth of water at the street crown shall not exceed six inches to permit operation of emergency vehicles.

(1) Unless otherwise approved by the Public Works Director, all drainage piping of 12 inches diameter and greater in street rights-of-way shall be constructed of Class Three reinforced concrete pipe. Piping materials outside of rights-of-way shall be subject to approval of the Public Works Director. Open drainage inlet pipes or culverts with any opening dimension in excess of 18 inches shall be equipped with debris grates having an exposed area at least seven times the pipe opening area to avoid backwater accumulations from trash buildup and unsafe stream velocities and a maximum opening size of six inches. Drainage piping outfalls with any opening dimension in excess of 36 inches shall be protected from unauthorized entry by fencing, partial or total submergence of the outlet, debris grates or other methods approved by the Public Works Director unless in such a location as to render routine maintenance operations impossible. Outfalls and their channels shall be protected from damages due to scour and erosion to the satisfaction of the Public Works Director.

(2) When, on the basis of the soils information, the Public Works Director determines that the ground water elevation is less than nine feet below the proposed street center line elevation and the adjacent lots have access to a storm drainage piping system, the subdivider shall be required to provide approved sump pump laterals from the storm sewer piping system to the property line of each lot for connection to by the property owner.

(3) Agricultural drain tiles which are disturbed during construction shall be restored, reconnected or connected to public storm drainage facilities.

(1) Where open channels are utilized in either the minor or major drainage system, they shall be designed so as to minimize maintenance requirements and maximize safety. Drainage easements (in lieu of dedications) shall be utilized to accommodate open channels provided adequate access by the City for maintenance of drainage capacity. Side slopes shall not exceed a 4:1 slope. Drainageways with grades of 0.75% or less, or where subject to high ground water, continuous flows, or other conditions as determined by the Public Works Director that would hamper maintenance operations due to consistently wet conditions, shall have a paved concrete invert of not less than eight feet wide and side slopes to a point one foot above the channel invert.

(2) In areas where invert paving is not required, the drainageway bottom shall be grass. If the drainageway has a bare soil bottom or the natural grasses in the drainageway are disturbed due to development operations, the drainageway bottom shall be sodded and securely staked to one foot above the elevation of inundation resulting from a predevelopment five-year, twenty-four-hour storm event. Other disturbed areas shall be seeded and prepared in accordance with the City's erosion control requirements. Velocities for grass-lined channels shall not exceed those presented in the City's Surface Water Management Study, if one is adopted.

M. Standards for on-site detention storage. The subdivider may employ on-site detention to control erosion and sedimentation, reduce the postdevelopment peak runoff rate or temporarily store stormwater runoff due to inadequate downstream drainage facilities. The detention (storage) facilities shall be subject to regulation in accordance with the following standards:

(1) Where on-site detention is temporarily employed for erosion and sedimentation control, the detention facilities shall safety contain the predevelopment runoff from a twenty-five-year storm event of twenty-four-hour duration within the limits of the facility.

(2) Where on-site detention is permanently employed to reduce the postdevelopment peak runoff, the detention facility shall safety contain the postdevelopment runoff from a twenty-five-year storm event of twenty-four-hour duration within the limits of the facility.

(3) Detention facility peak discharge rates for the maximum storm required to be contained shall not exceed the predevelopment peak discharge rate from a five-year storm event of twenty-four-hour duration or the capacity of the downstream drainage facilities, whichever is less.

(4) All temporary detention facilities shall safety contain or pass the runoff from any storm of any duration which exceeds the maximum storm required to be contained up to the one-hundred-year storm event of twenty-four-hour duration.

(5) All permanent detention facilities shall safety contain the runoff from the one-hundred-year storm event of twenty-four-hour duration on both public and, if necessary, private properties without inundating any building at the ground elevation, the travel lanes of any arterial street, the center 10 feet of any collector street or the top of the curb on any local street.

(6) Determination of on-site detention volumes shall be computed by procedures established by the United States Soil Conservation Service in the most current edition of its technical publication entitled "Urban Hydrology for Small Watersheds, TR 55," and as accepted and approved by the Public Works Director.

(7) The storage of stormwater runoff shall not encroach on any public park (except parks designed with detention facilities) or any private lands outside the land division unless an easement providing for such storage has been approved and recorded for said lands.

(8) All detention facilities shall be designed with the safety of the general public and any considerations for ease of maintenance as top proprieties.

(9) Any wet detention facilities shall include riprap to not less than two feet above the normal pool elevation for protection from wave action.

(10) The sides of all detention facilities shall have a maximum slope ratio of 4:1 (horizontal to vertical), with flatter slopes being required where determined practical by the Public Works Director.

(11) The Common Council, upon recommendation by the Public Works Director, may require the installation of fencing or other such security measures in detention facilities with excessively long down times or permanent water features, or other features requiring additional security for safety reasons.

(1) If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provisions as the City may require.

(2) A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in the City Building Code, if applicable. A nonresidential subdivision shall be subject to all the requirements of this chapter, as well as such additional standards required by the City and shall conform to the proposed land use standards established by any City Comprehensive Plan or Official Map and Chapter 500, Zoning, of the Code of the City of Bayfield.

B. Standards. In addition to the principles and standards in this chapter, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Common Council that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

(1) Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

(2) Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

(3) Special requirements may be imposed by the Common Council, upon the recommendation of the Public Works Director, with respect to street, curb, gutter and sidewalk design and construction.

(4) Special requirements may be imposed by the Common Council, upon the recommendation of the Public Works Director, with respect to the installation of public utilities, including water, sewer and stormwater drainage.

(5) Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for permanently landscaped buffer strips when necessary.

(6) Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

The subdivider shall grade each land division in order to establish street, block and lot grades in proper relation to each other and to topography as follows:

A. A master site-grading plan shall be prepared for all new subdivisions. This plan shall be prepared in accordance with the requirements and standards of the City.

B. The master site-grading plan shall show existing and proposed elevations of all lot corners, control points and building locations. The plan shall also indicate all overland storm drainage in and adjacent to the subdivision. The cost of the preparation of such a plan shall be paid for by the subdivider.

C. After approval of these plans by the Common Council, or its designee, the full width of the right-of-way of the proposed streets within the subdivision and the entire subdivision lot area shall be graded in accordance with the master site-grading plan. The owners of the subdivision lots shall adhere to those plans.

D. Upon completion of all street and subdivision grading, the grades shall be checked and certified by the Public Works Director to determine that the completed grading work is in accordance with the master site-grading plan.

E. The cost of all required grading work, supervision, certification, inspection and engineering fees shall be paid for by the subdivider.

F. The subdivider shall grade the full width of the right-of-way of all proposed streets in accordance with the approved plans, including the grading of sight triangles at each intersection.

(1) Regrading along the side or rear lot lines which provides for drainage to the public drainage facilities.

(2) Parts of all lots may be graded to provide for drainage to a ditch or to a swale, provided any ditches or swales are in public drainage easements.

(3) Draining across rear or side lot lines may be permitted provided that the course of drainage is within a public drainage easement and is toward public drainage facilities.

H. Lot grading shall be completed so that water drains away from each building site toward public drainage facilities at a minimum grade of 2% and provisions shall be made to prevent drainage onto properties adjacent to the land division unless to a public drainage facility.

I. Grading activities shall not result in slopes greater than 3:1 on public lands or lands subject to public access.

J. The topsoil stripped for grading shall not be removed from the site unless identified in the erosion control plan approved by the Public Works Director as not being necessary for erosion control or site landscaping purposes. Topsoil shall be uniformly returned to the lots when rough grading is finished. Topsoil piles shall be leveled and seeded for erosion control prior to the City releasing the one-year guarantee provision on public improvements in the streets adjacent to the lots on which the topsoil is stockpiled.

K. Such grading shall not result in detriment to any existing developed lands, either within or outside of the corporate limits.

A. Dedication requirement. In order that adequate open spaces and sites for public uses may be properly located and reserved and in order that the cost of providing public areas, such as but not limited to, parks, recreation areas and public schools may be equitably apportioned on the basis of additional need created by the subdivision development, each subdivider shall be required to dedicate land or fees in lieu of land for park or other public uses.

B. General design. In the design of a subdivision, land division, planned unit development or development project, provision shall be made for suitable sites of adequate area for schools, parks, playgrounds, open spaces, drainageways and other public purposes. Such sites are to be shown on the preliminary plat and final plat, and shall comply with the City Comprehensive Plan or component of said plan. Consideration shall be given to the preservation of scenic and historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses, watersheds, ravines and woodlands, prairie and wetlands, and plant and animal communities.

(1) Where the area proposed to be divided contains a park, playground or other public area which is shown upon the Comprehensive Plan of the City, such area shall either be dedicated to the proper public agency, or it shall be reserved for acquisition thereby within a three-year period by purchase or other means. If the land is not acquired during this period, it shall be released to the subdivider.

(2) Whenever any river, stream or important surface drainagecourse is located in the area being divided, the subdivider of land shall provide an easement along each side of the river, stream or drainagecourse for the purpose of widening, deepening, relocating, improving or protecting the river, stream or drainagecourse for drainage or recreational use.

(3) Whenever a tract of land to be subdivided embraces all or any part of an arterial street or other public way which has been designated in the Comprehensive Plan component or on the Official Map of the City, such public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on such plan.

(1) Where feasible and compatible with the Comprehensive Plan of the City, the developer shall provide and dedicate to the public adequate land to provide for park, recreation, school and open space needs of the land development within the City of Bayfield. The location of such land to be dedicated shall be determined by the Plan Commission. Where the dedication is not compatible with the Comprehensive Plan, or for other reasons is not feasible as determined by the Plan Commission, and as approved by the Common Council, the developer shall, in lieu thereof, pay to the City a fee equivalent to the value of the required dedication.

(2) The amount of land to be provided shall be determined on the following basis:

(a) The amount of land to be dedicated shall be equal in value to one acre per 25 residential dwelling units created by the developer of the land. Land dedicated for parks shall not differ greatly from the surrounding territory and the remainder of the land development. Where dedicated park land borders a street, the developer shall cause improvements to be installed as required by this chapter.

(b) The City Assessor shall determine the value of the land to be dedicated and such value shall be based on the full and fair market value.

(c) The owner may appeal such determination to the Common Council. In such case, an appraisal board shall be formed consisting of one appraiser selected by the City at its expense, one selected by the developer at his expense, and the third selected by these two appraisers at the City's expense. Such appraisal board shall determine the value of the land to be dedicated.

(3) If no playground, park, school site or other public land has been proposed as of the date of the application of a subdivider but the City determines that a public facility should be provided in the area of the proposed plat to carry out the spirit and intent of this chapter, the City may require dedication as set forth above.

(4) In lieu of Subsection A(3), the City may, at its option, if land within the tract is not designated for a proposed playground, park, school site or other public land, other than streets or drainageways in the Comprehensive Plan or Comprehensive Plan component or such dedication would not serve the public interest best, levy a public site fee against the subdivider at the time of application for final plat approval at the rate and according to the procedures established in § 474-50.

(5) The Plan Commission shall have sole authority to determine the suitability and adequacy of park lands proposed for dedication. Drainageways, wetlands or areas reserved for streets shall not be considered as satisfying land dedication requirements.

B. Deeded to the City. Land dedicated for public purposes shall be deeded to the City at the time the final plat is approved.

C. Access to dedicated land. All dedicated land shall have frontage on a public street and shall have unrestricted public access.

D. Utility extensions. The subdivider shall install or provide for installation of water and sanitary sewer lines to the property line of all dedicated land, where such services are to be provided to the adjacent properties.

When public parks and sites for other public areas as shown on the Comprehensive Plan or Comprehensive Plan component lie within the proposed area for development and are greater in area than required by § 474-47, the owner shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year of final plat approval unless extended by mutual agreement.

(3) Cover areas to be seeded with a minimum of four inches of quality topsoil, seed as specified by the Public Works Director, fertilized with 16-6-6 at a rate of seven pounds per 1,000 square feet, and mulched. The topsoil furnished for the park site shall consist of the natural loam, sandy loam, silt loam, silty clay loam or clay loam humus-bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one year following issuance of the first building permit within that land division unless otherwise authorized by the Public Works Director. The improved area shall not be deemed officially accepted until a uniform grass cover to a two-inch height has been established. It shall be the responsibility of the subdivider to maintain the area until the City accepts the dedication.

B. A neighborhood park area shall be provided by the subdivider with a standard residential water service unless located directly adjacent to a fire hydrant. A community park area shall be provided by the developer with a minimum six-inch water service or at least one fire hydrant, and at least one four-inch sanitary sewer lateral, all located at the street property line.

C. The Common Council may require certification of compliance by City officials. The cost of such report shall be paid by the subdivider.

D. Development of parklands is to be completed as soon as 20% of the planned lots in the subdivision are sold or developed, as determined by the Common Council.

E. If the subdivider fails to satisfy the requirements of this section, the Common Council may contract said completion and bill such costs to the subdivider, following a public hearing and written notice to the subdivider of noncompliance. Failure to pay such costs may result in the immediate withholding of all building permits until such costs are paid.

A. Method of calculation. Where, in the opinion of the Common Council, there is no land suitable for parks within the proposed subdivision or the dedication of land would not be compatible with the City's Comprehensive Plan or Park Plan, or City officials determine that a cash contribution would better serve the public interest, the Common Council shall require the subdivider to contribute a fee payment in lieu of land. In the case of land divisions other than subdivisions, the subdivider shall be required to pay a fee according to the schedule set forth in Subsection B of this section. The fees collected shall be held in a nonlapsing fund to be used for purchase, development, improvement and maintenance of parks, playgrounds, open spaces and other recreational sites and facilities.

(1) The amount of the fee in lieu of dedication shall be equal to $1,000 per residential dwelling unit created by the developer of the land.

(2) The developer of a planned unit development shall pay to the City a fee equivalent to the value for other divisions of land as required in this chapter. The fee required shall be determined by the City Plan Commission and the developer of the planned unit development, based on an evaluation of the individual development. The developer shall pay 50% of the fee before final approval of the planned unit development plan presented to the City, and sign a contract agreeing to pay a proportionate amount of the balance of the fee before the issuance of each building permit. Such proportion of the proportionated balance of the fee shall be based upon the total number of buildings included in the project.

(1) Payment shall be made in a lump sum, or in a sum of 50% paid at the time of final and division approval and the balance to be paid within one year thereafter, on condition that a performance of payment bond in the amount of the unpaid balance executed by a surety company authorized to do business in Wisconsin and approved by the City Attorney is simultaneously filed with the City Clerk.

(2) Where the lot or parcel for which payment has been made is further divided, payment shall be required only for the additional residential lots.

(3) No payment shall be required for a parcel on which a permanent residential structure has existed for at least one year prior to the date of the division.

A. General. The subdivider shall pay the City of Bayfield all fees as hereinafter required and at the times specified before being entitled to recording of a plat or certified survey map.

B. Engineering fee. The subdivider shall pay a fee equal to the actual cost to the City for all engineering work incurred by the City in connection with the plat or certified survey map, including inspections required by the City. The subdivider shall pay a fee equal to the actual cost to the City for such engineering work and inspection as the Common Council and/or Public Works Director deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the City or any other governmental authority. Engineering work shall include the preparation of construction plans, standard specifications and administration of the engineering work.

C. Administrative fee. The subdivider shall pay a fee to the City equal to the cost of any legal, administrative or fiscal work which may be undertaken by the City in connection with the plat or certified survey map.

(1) A subdivider who submits a preliminary plat or certified survey map for the City Plan Commission and the Common Council shall file said preliminary plat or certified survey map with the City Clerk and shall deposit with the City Clerk a fee to cover the costs of reviewing said application. The fee for a preliminary plat shall be as set by the Common Council, as follows: a fee for up to and including six lots plus a fee per each additional lot over six. The fee for a certified survey map shall be as set by the Common Council. If the plat or map is rejected, no part of the fee shall be returned to the petitioner.

(2) A reapplication fee as set by the Common Council shall be paid to the City Clerk at the time of reapplication for approval of any preliminary plat which has previously been reviewed.

(1) The subdivider shall pay a fee as set by the Common Council plus an additional fee for each dwelling unit within the final plat to the City Clerk at the time of first application for final plat approval of said plat to assist in defraying the cost of review.

(2) A reapplication fee as set by the Common Council shall be paid to the City Clerk at the time of a reapplication for approval of any final plat which has previously been reviewed.

F. Objecting agency review fees. The subdivider shall transmit all fees required for state agency review to the City Clerk at the time of application. Said review fees shall be retransmitted to the proper state review agency by the City Treasurer. Said fees shall be applicable, where appropriate, to review fees required by the Wisconsin Department of Administration, Wisconsin Department of Transportation, Wisconsin Department of Commerce and the Wisconsin Department of Natural Resources.

G. Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the City Clerk shall require a fee pursuant to § 474-50 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.

A. Where, in the judgment of the Common Council, it would be inappropriate to apply literally the provisions of this chapter because exceptional or undue hardship would result, the Common Council may waive or modify any requirements to the extent deemed just and proper. Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for consideration, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans or other additional data which may aid the Common Council in the analysis of the proposed project.

B. The Common Council shall not grant variations or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:

(1) The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located;

(2) The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property;

(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, financial hardship or self-imposed hardship, if the strict letter of the regulations were carried out.

C. The Common Council, if it approves of the variance, shall do so by motion or resolution and instruct the City Clerk to notify the subdivider.

D. Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the City in accordance with any City Comprehensive Plan or component thereof, this chapter, or Chapter 500, Zoning, of the Code of the City of Bayfield. A majority vote of the entire membership of the Common Council shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Common Council.

E. The Common Council may waive the placing of monuments, required under § 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time on condition that the subdivider execute a surety bond to insure the placing of such monuments within the time required.

A. Violations. It shall be unlawful to build upon, divide, convey, record or monument any land in violation of this chapter or the Wisconsin Statutes and no person shall be issued a building permit by the City authorizing the building on, or improvement of, any subdivision, land division or replat with the jurisdiction of this chapter not of record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully met. The City may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.

(1) Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provisions of Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Each day a violation exists or continues shall constitute a separate offense.

(2) Recordation improperly made has penalties provided in § 236.30, Wis. Stats.

(3) Conveyance of lots in unrecorded plats has penalties provided for in § 236.31, Wis. Stats.

(4) Monuments disturbed or not placed have penalties as provided for in § 236.32, Wis. Stats.

(5) Assessor's plat made under § 70.27, Wis. Stats., may be ordered by the City at the expense of the subdivider when a subdivision is created by successive divisions.

(1) The Public Works Director or City Clerk may revoke or suspend any permit or approval issued under the regulations of this chapter and may stop construction or use of approved materials, equipment, methods of construction, devices or appliances for any of the following reasons:

(a) Whenever the City Clerk shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the subdivider or his contractor has refused to conform after written warning or instruction has been issued to him.

(b) Whenever the continuance of any construction becomes dangerous to life or property.

(c) Whenever there is any violation of any condition or provisions of the application for permit, or of the permit or of any approval.

(d) Whenever, in the opinion of the Public Works Director or City Clerk, the subdivider has provided inadequate management of the project.

(e) Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

(f) Whenever there is a violation of any of the conditions of an approval or occupancy given by the Public Works Director or City Clerk for the use of all materials, equipment, methods of construction, devices or appliances.

(2) The notice revoking a permit or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises and his agent, if any, and/or on the person having charge of construction.

(3) A revocation placard shall also be posted upon the premises in question by the Public Works Director or City Clerk.

(4) After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Public Works Director or City Clerk may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.

(5) Any appeals of such revocations or suspensions must be made in writing and within seven calendar days to the City Clerk for consideration by the Common Council at its next regularly scheduled meeting, provided the appeal is filed not less than seven days prior to the meeting date.

(6) The City Clerk is hereby directed to withhold the issuance of building permits within the land division until compliance with the provisions of this chapter is obtained.

(7) The City Clerk is hereby directed to withhold the issuance of occupancy permits within the land division if violations of this chapter may result in health or safety problems for the occupants.

D. Appeals. Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom, as provided in §§ 236.13(5) and 62.23(7)(e)10, 14 and 15, Wis. Stats., within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.

. Editor's Note: See Ch. 190, Construction Site Erosion Control.

. Editor's Note: See Ch. 152, Building Construction.

. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Type of Street	R.O.W. Width To Be Reserved (feet)	R.O.W. Width To Be Dedicated (feet)	Pavement Width (Face of Curb to Face of Curb) (feet)
Arterial streets	80	60	30
Collector streets	60	60	30
Minor streets and culs-de-sac	60	60	36