Land Division Code for the Town of Grafton

Land Division Code
THE TOWN OF GRAFTON
OZAUKEE COUNTY, WISCONSIN
(AS AMENDED THROUGH NOVEMBER 8, 1995)

TABLE OF CONTENTS

SECTION 1.00 INTRODUCTION 1

1.01 AUTHORITY 1

1.02 PURPOSE 1

1.03 INTENT 1

1.04 ABROGATION AND GREATER RESTRICTIONS 2

1.05 INTERPRETATION 2

1.06 SEVERABILITY AND NON-LIABILITY 2

1.07 REPEAL 3

1.08 TITLE 3

1.09 EFFECTIVE DATE 3

SECTION 2.00 GENERAL PROVISIONS 3

2.01 JURISDICTION 3

2.02 COMPLIANCE 3

2.03 DEDICATION AND RESERVATION OF LANDS 4

2.04 IMPROVEMENTS 5

2.05 VARIANCES 6

2.06 LAND SUITABILITY 6

2.07 VIOLATIONS 7

2.08 PENALTIES 7

2.09 APPEALS 8

SECTION 3.00 LAND DIVISION PROCEDURE 8

3.01 PRE-APPLICATION 8

3.02 SUBDIVISION PLAT REVIEW AND APPROVAL 8

3.03 TOWN PLAT REVIEW AND APPROVAL 14

3.04 REPLAT 20

3.05 CERTIFIED SURVEY MAP REVIEW AND APPROVAL PROCESS 20

SECTION 4.00 PRELIMINARY PLAT 23

4.01 GENERAL 23

4.02 PLAT DATA 23

4.03 STREET PLANS AND PROFILES 25

4.04 TESTING 25

4.05 SOIL AND WATER CONSERVATION 26

4.06 COVENANTS 26

4.07 AFFIDAVIT 27

SECTION 5.00 FINAL PLAT 27

5.01 GENERAL 27

5.02 ADDITIONAL INFORMATION 27

5.03 DEED RESTRICTIONS 27

5.04 SURVEY ACCURACY 28

5.05 SURVEYING AND MONUMENTING 28

5.06 STATE PLANE COORDINATE SYSTEM 29

5.07 CERTIFICATES 29

SECTION 6.00 CERTIFIED SURVEY MAP 29

6.01 GENERAL 29

6.02 ADDITIONAL INFORMATION 29

6.03 STATE PLANE COORDINATE SYSTEM 30

6.04 CERTIFICATES 30

6.05 RECORDATION 31

SECTION 7.00 DESIGN STANDARDS 31

7.01 STREET ARRANGEMENT 31

7.02 LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY TREATMENT 32

7.03 STREET AND OTHER PUBLIC WAY DESIGN STANDARDS 33

7.04 STREET INTERSECTIONS 34

7.05 BLOCKS 35

7.06 LOTS 35

7.07 BUILDING AND SETBACK LINES 36

7.08 EASEMENTS 37

7.09 PUBLIC SITES AND OPEN SPACES 37

SECTION 8.00 REQUIRED IMPROVEMENTS 39

8.01 SURVEY MONUMENTS 39

8.02 GRADING 39

8.03 SURFACING 39

8.04 RURAL STREET SECTIONS 39

8.05 SIDEWALKS 40

8.06 STORM WATER DRAINAGE FACILITIES 40

8.07 OTHER UTILITIES 41

8.08 SEDIMENT CONTROL 42

8.09 OPTIONAL PROVISION OF PUBLIC UTILITIES AND FACILITIES 42

SECTION 9.00 CONSTRUCTION 43

9.01 COMMENCEMENT 43

9.02 BUILDING PERMITS 43

9.03 OCCUPANCY PERMIT 43

9.04 PLANS 43

9.05 EROSION CONTROL 44

9.06 EXISTING FLORA 44

9.07 INSPECTION 44

SECTION 10.00 FEES 45

10.01 GENERAL 45

10.02 PRELIMINARY PLAT REVIEW FEE 45

10.03 IMPROVEMENT REVIEW FEE 45

10.04 INSPECTION FEE 45

10.05 FINAL REVIEW FEE 45

10.06 PUBLIC SITE FEE 46

10.07 ENGINEERING FEE 46

10.08 LEGAL FEE 47

SECTION 11.00 DEFINITIONS 47

11.01 GENERAL DEFINITIONS 47

11.02 SPECIFIC WORDS AND PHRASES 47

SECTION 12.00 ADOPTION AND EFFECTIVE DATE 52

12.01 VILLAGE POWERS 52

12.02 PLAN COMMISSION RECOMMENDATION 52

12.03 TOWN BOARD APPROVAL AND PUBLIC HEARING 52

12.04 EFFECTIVE DATE 52

LAND DIVISION CODE

SECTION 1.00 INTRODUCTION

1.01 AUTHORITY

These regulations are adopted under the authority granted by Section 236.45 of the Wisconsin Statutes. Therefore, the Town Board of the Town of Grafton, Ozaukee County, Wisconsin ordain as follows:

1.02 PURPOSE

The purpose of this code is to regulate and control the division of land within the limits of the Town of Grafton, Ozaukee County, Wisconsin in order to promote the public health, safety, morals, prosperity, aesthetics and general welfare of the Town.

1.03 INTENT

It is the general intent of this code to regulate the division so as to:

a. Obtain the Wise Use, conservation, protection, and proper development of the Town's soil water, wetland, woodland, and wildlife resources and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base;

b. Lessen Congestion in the streets and highways;

c. Further the Orderly layout and appropriate use of land;

d. Secure Safety from fire, panic and other dangers;

e. Provide Adequate Light and air;

f. Facilitate Adequate Provision for housing, transportation, water supply, storm water, waste water, schools, parks, playgrounds, and other public facilities and services;

g. Secure Safety from flooding, water pollution, disease, and other hazards;

h. Prevent Flood Damage to persons and properties and minimize expenditures for flood relief and flood control projects;

i. Prevent and Control Erosion, sedimentation, and other pollution of surface and subsurface waters;

j. Preserve Natural Vegetation and Cover and promote the natural beauty of the Town, other than noxious weeds;

k. Restrict Building Sites on areas covered by poor soils poorly suited for development;

l. Facilitate the Further Division of larger tracts into smaller parcels of land;

m. Ensure Adequate legal description and proper survey monumentation of subdivided land;

n. Provide for the Administration and enforcement of this code;

o. Provide Penalties for its violation; and

p. Implement those Town, county, watershed, or regional comprehensive plans or their components adopted by the Town, and in general to facilitate enforcement of Town development standards as set forth in the adopted regional, county and local comprehensive plans, adopted plan components, Town or Country zoning ordinance, and Town building ordinance of the Town of Grafton, Ozaukee County, Wisconsin.

1.04 ABROGATION AND GREATER RESTRICTIONS

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

1.05 INTERPRETATION

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

1.06 SEVERABILITY AND NON-LIABILITY

If any section, provision or portion of this code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this code shall not be affected thereby. The Town does not guarantee, warrant, or represent that only those soils listed as being unsuited for specific uses are the only unsuited soils within the Town and thereby asserts that there is no liability on the part of the Town Board, its agencies, or employees for sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this code.

1.07 REPEAL

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

1.08 TITLE

This code shall be known as, referred to, or cited as the "LAND DIVISION CODE, TOWN OF GRAFTON, OZAUKEE COUNTY, WISCONSIN."

1.09 EFFECTIVE DATE

This code shall be effective after a public hearing, adoption by the Town Board, and publication or posting as provided by law.

SECTION 2.00 GENERAL PROVISIONS

2.01 JURISDICTION

Jurisdiction of these regulations shall include all lands within the limits of the Town of Grafton, Ozaukee County, Wisconsin as established in Sections 62.23(2) and 66.32 of the Wisconsin statutes. The provisions of this code as it applies to divisions of tracts of land into less than five (5) parcels shall not apply to:

a. Transfers of Interests in land by will or pursuant to court order.

b. Leases for a term not to exceed ten years, mortgages or easements.

c. Sale or Exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, the zoning ordinances, or other applicable laws codes or ordinances.

d. Cemetery Plats made under 157.07 Wisconsin Statutes.

2.02 COMPLIANCE

No person, firm or corporation shall divide any land located within the limits of the Town of Grafton, Ozaukee County, Wisconsin which results in a subdivision, minor land division or a replat as defined herein; no such subdivision, minor land division or replat shall be entitled to recording; and, no street shall be laid out or improvements made to land without compliance with all requirements of this code and all the following regulations and documents."

a. Chapter 236, Wisconsin Statutes.

b. Rules of the Wisconsin Department of Health and Social Services Division of Health regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.

c. Rules of the Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state trunk highway or connecting street.

d. Duly Approved Comprehensive Plan, or comprehensive plan component of the Town of Grafton, Ozaukee County, Wisconsin.

e. Rules of Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution and regulating development within floodland, wetland and shoreland areas.

f. A Developer or Subdivider agreement the between Town and the Developer or Subdivider.

g. The Ozaukee County or Town of Grafton Zoning Ordinance and all other applicable local and county ordinances.

2.03 DEDICATION AND RESERVATION OF LANDS

a. Streets, Highways and Drainageways. Whenever a tract of land to be divided within the jurisdictions of this code encompasses all or any part of an arterial or collector street, drainageway, or other public way which has been designated on a duly adopted Town, County, or regional comprehensive plan or comprehensive plan component, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or map and as set forth in Section 7.00 of this code.

b. Parks and Playgrounds. Whenever a tract of land to be divided within the Town of Grafton encompasses all or any part of a park or playground which has been designated on a duly adopted Town, County, or regional comprehensive plan or comprehensive plan component, said park or playground shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan and in accordance with the procedures set forth in Section 7.09 of this code if the park or parkland is not a disproportionate part of the subdivision.

2.04 IMPROVEMENTS

Before final approval of any plat or certified survey map located within the limits of the Town, the subdivider shall install street and utility improvements as hereinafter provided. If such improvements are not installed as required at the time that the final plat or certified survey map is submitted for approval, the subdivider shall, before the recording of the plat, or certified survey map enter into a contract with the Town agreeing to install the required improvements and shall file with said contract a surety bond or letter of credit meeting with the approval of the Town Attorney or a certified check in an amount equal to the estimated cost of the improvements, said estimate to be made by the Town Board after review and recommendation by the Town Engineer, as a guarantee that such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the final plat or certified survey map and as further guarantee that all obligations to subcontractors for work on the development are satisfied. If a letter of credit is tendered and approved, it shall remain in the custody of the Town unless it must be presented with a draft thereunder for collection. In no event shall the escrow of construction funds constitute compliance with this requirement. If a certified check is provided, the Town shall not be obligated to pay interest thereon. In addition:

a. Contractors and Subcontractors who are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way as well as the contracts and contract specifications for such construction shall be subject to the approval of the Town Board.

b. Governmental Units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section.

c. Survey Monuments. Before final approval of any plat or certified survey map within the Town, the subdivider shall install survey monuments placed in accordance with the requirements of Chapter 236.15 of the Wisconsin Statutes and as may be required by the Town Engineer or County Surveyor.

2.05 VARIANCES

Where, in the judgment of the Town Board it would be inappropriate to apply literally the provisions of Section 7.00 and 8.00 of this code because exceptional or undue hardship would result, the Town Board of Zoning Appeals, upon recommendation of the Town Plan Commission, may waive or modify any requirements to the extent deemed just and proper. No variance to the provisions of this code shall be granted unless the Town Board of Zoning Appeals makes a specific finding based on documented evidence that all of the following facts and conditions exists and so indicates in the minutes of its proceedings:

a. Exceptional Circumstances. There is exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this code would result in severe hardship. (Such hardships should not apply generally to other properties or be of such recurrent nature as to suggest that the Land Division code should be changed.)

b. Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the vicinity.

c. Absence of Detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this code or the public interest.

The Town Board may waive the placing of monuments, required under Section 236.15(b), (c) and (d) of the Wisconsin Statutes, for a reasonable time on condition that the subdivider execute a surety bond to insure the placing of such monuments within the required time limits established by statute.

2.06 LAND SUITABILITY

No land shall be divided or subdivided for residential use which is determined to be unsuitable for such use by the Town Plan Commission for reason of flooding, inadequate drainage, adverse soil conditions 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 Town. In addition:

a. Floodlands. No lot of (1) acre or less in area shall include floodlands. All lots more than (1) acre shall contain not less than 40,000 square feet of land which is at an elevation at least two (2) feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five (5) feet above the maximum flood of record.

b. Lands Made, Altered, or Filled with non-earth materials within the preceding 30 years shall not be divided into building sites.

c. Land Made, Altered, or Filled with earth within the preceding seven (7) years shall not be divided into building sites which are to be served by onsite soil absorption sanitary sewage disposal systems.

The Town Board, upon recommendation of the Town Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for residential use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter, the Town Board may affirm, modify, or withdraw its determination of suitability.

2.07 VIOLATIONS

It shall be unlawful to build upon, divide, convey, record or place monuments on any land in violation of this code or the Wisconsin Statutes; and no person, firm or corporation shall be issued a building permit by the Town of Grafton authorizing the building on, or improvement of, any subdivision, minor land division or replat within the jurisdiction of this code not of record as of the effective date of this code until the provisions and requirements of this code have been fully met. The Town Board may institute appropriate action or proceedings to enjoin violations of this code or the applicable Wisconsin Statutes.

2.08 PENALTIES

Any person, firm or corporation who violates or fails to comply with the provision of this code shall, upon conviction thereof, forfeit not less than $100.00 nor more than $1,000.00 plus the costs of prosecution for each offense and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the County jail until payment thereof, but not exceeding six (6) months. Each day a violation exists or continues shall constitute a separate offense. The following violations shall be subject to the penalties set out in Chapter 236 of the Wisconsin Statutes:

a. Recordation improperly made carries penalties as provided in Section 236.30 of the Wisconsin Statutes.

b. Conveyance of lots in unrecorded plats carries penalties as provided for in Section 236.31 of the Wisconsin statutes.

c. Monuments disturbed or not placed carries penalties as provided for in Section 236.32 of the Wisconsin Statutes.

In addition, an assessors plat made under Section 70.27 of the Wisconsin Statutes may be ordered by the Town Board at the expense of the subdivider when a subdivision as defined herein is created by successive division.

2.09 APPEALS

Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve as provided in Sections 236.13(5) of the Wisconsin Statutes, within 30 days of notification or 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.

SECTION 3.00 LAND DIVISION PROCEDURE

3.01 PRE-APPLICATION

It is recommended that, prior to the filing of an application for the approval of a preliminary plat, the subdivider consult with the Town Plan Commission and/or its staff and the County Environmental Health Department staff in order to obtain their advice and assistance. 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 Town and to otherwise assist the subdivider in planning his development. In so doing, both the subdivider and Plan Commission and Land Use Department staff may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the Town and County. The subdivider will also gain a better understanding of the subsequent required procedures.

3.02 SUBDIVISION PLAT REVIEW AND APPROVAL

(1) Preliminary Subdivision Plat Review.

(a) Filing. When a subdivider proposes to create a subdivision as defined in Section 11.00 of this code and Chapter 236 of the Wisconsin Statutes, the subdivider shall subdivide by use of a subdivision plat. Before submitting a Final Subdivision Plat for approval, the subdivider shall prepare a Preliminary Plat along with a letter of application. The Preliminary Plat shall be prepared in accordance with this code. The subdivider shall file at least 20 copies of the Plat and the application with the Town Clerk at least 45 days prior to the meeting of the Town Plan Commission at which action is desired.

(b) The Town Clerk shall, within two (2) normal work days after filing, transmit four (4) copies to the County Land Use Department, two (2) copies to the Department of Agriculture, Trade, and Consumer Protection; sufficient additional copies to the Department of Agriculture, Trade, and Consumer Protection for retransmission of two (2) copies each to the State Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street, and the State Department of Health and Social Services if the subdivision is not served by a public sewer and provision for such service has not been made, and the State Department of Natural Resources if shorelands are contained within the proposed subdivision; one (1) copy to the Cities of Mequon, Cedarburg or Port Washington or the Villages of Grafton or Saukville if the lands to be platted lie within the extraterritorial jurisdiction of any of these municipalities; and remaining copies to the Town Plan Commission.

(c) The Department of Agriculture, Trade, and Consumer Protection, the State Department of Transportation, the State Department of Health and Social Services, and County Land Use Department, and the Cities of Mequon, Cedarburg, and Port Washington and the Villages of Grafton or Saukville shall be referred to as objecting agencies. The Town Plan Commission shall hereafter be referred to as an approving agency.

(d) The Town Board, hereby designated as approving authority for all preliminary plats, shall transmit a copy of the Preliminary Plat to all agencies or persons entitled to a copy according to law for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Town Plan Commission within 20 days from the date the Plat is filed with the Town Clerk. Within forty-five days of the date of filing the final plat with the Town Clerk, the Town Plan Commission shall review the preliminary plat for conformance with this code and all codes, ordinances, rules, regulations, comprehensive plans and comprehensive plan components.

(2) Preliminary Subdivision Plat Approval. The objecting agencies shall, within 20 days of the date of receiving copies of the Preliminary Plat, notify the subdivider and all other objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the Plat and shall return that copy to the Town Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the Plat. In addition:

(a) At the Time of Application for Preliminary Plat approval this subdivider shall pay all applicable fees as set forth in Section 10.00 of this ordinance.

(b) The Town Board, with or without the recommendation of the Plan Commission shall, within 90 days of the date of filing of a Preliminary Plat with the Town Clerk, approve, approve conditionally, or reject such Plat unless the time is extended by mutual written agreement with the subdivider. One copy of the Plat shall thereupon be returned to the subdivider with the date and action endorsed thereon; and if approved conditionally or rejected, a letter setting forth the conditions of approval or the reasons for rejection shall accompany the Plat. One copy each of the Plat and letter shall be placed in the Town Board's permanent file.

(c) Failure of the Town Board to act on the Preliminary Plat within 90 days from the date of filing of the plat with the Town Clerk, the time having not been extended as set forth herein and no unsatisfied objections having been filed, shall constitute approval of the plat.

(d) Approval or Conditional Approval of a Preliminary Plat shall not constitute approval of the Final Plat, except that if the Final Plat is submitted within six (6) months of preliminary plat approval and conforms substantially to the preliminary plat layout as indicated in Section 236.11(1)(b) of the Wisconsin Statutes, the Final Plat shall be entitled to approval with respect to such layout. The Preliminary Plat shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the Final Plat which will be subject to further consideration by the Town Plan Commission at the time of its submission.

(3) Final Subdivision Plat Review.

(a) Application. The subdivider shall prepare a Final Subdivision Plat and a letter of application in accordance with this code and shall file at least 20 copies of the Plat and the application with the Town Clerk at least 25 days prior to the meeting of the Town Plan Commission at which action is desired. In addition:

1. Payment of Final Review Fees At the Time of Application. At the time of application for Final Plat approval, the subdivider shall pay all applicable fees as set forth in Section 10.00 of this ordinance.

2. Developer's Agreement. If a developer's agreement has been required by the Town as part of the preliminary approval process, at the time of application for Final Plat approval, the subdivider shall submit an executed original of a developer's agreement which has been previously approved as to form and content by the Town Board.

3. Partial Platting.

a. If permitted by the Town Plan Commission, the approved Preliminary Plat may be final platted in phases with each phase encompassing only that portion of the approved Preliminary Plat which the subdivider proposed to record at one time, however, it is required that each such phase be final platted and be designated as a `phase' of the approved Preliminary Plat.

b. If the subdivider elects to final plat in phases, the Town Board shall require a timetable of completion of development of the entire property included in the preliminary plat of the time of submittal of the first phase of the final plat.

4. Submission. Failure by the subdivider to submit a Final Plat of all or at least one (1) phase of the approved Preliminary Plat within six (6) months of the last required approval of the Preliminary Plat, shall constitute a rescinding of the Preliminary Plat approval. After six (6) months the subdivider has the option of resubmitting the original Preliminary Plat for approval or submitting newly designed Preliminary Plat in accordance with Section 3.02 of this code.

(b) The Town Clerk shall within two (2) normal work days after filing, transmit four (4) copies to the County Land Use Department; two (2) copies to the Department of Agriculture, Trade, and Consumer Protection; sufficient additional copies to the Department of Agriculture, Trade, and Consumer Protection for retransmission of two (2) copies each to the State Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street, the State Department of Health and Social Services if the subdivision is not served by a public sewer and provision for such service has not been made, and The State Department of Natural Resources if shorelands are contained within the proposed subdivision; one (1) copy to the Cities of Mequon, Cedarburg, or Port Washington or the Villages of Grafton or Saukville if the lands to be platted lie within the extraterritorial jurisdiction of either of these municipalities; and, the original Final Plat and the remaining copies to the Town Plan Commission.

1. Review. The Town 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 code and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components which may affect it.

2. Recommendation. The Town Plan Commission shall, within 30 days of the date of filing the final Plat with the Town Clerk, recommend approval, conditional approval or rejection of the Plat and shall transmit the Final Plat and application along with its recommendations to the Town Board.

3. Notification. The Town Plan Commission shall, at the time it recommends approval of a Plat to the Town Board, give at least ten (10) days prior written notice of its recommendation to the clerk of any municipality within 1,000 feet of the Plat.

(4) Final Plat Approval.

(a) The objecting 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 there are no objections, they shall so certify on the face of the copy of the Plat and shall return that copy to the Town Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the Plat.

(b) The Town Board shall, within 60 days of the date of filing the original Final Plat with the Town Clerk, with or without the recommendation of the Plan Commission, approve or reject such Plat unless the time is extended by mutual written 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. The Town Board may not inscribe its approval of the Final Plat unless the Town 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.

(c) Failure of the Town Board to take action on the Plat within 60 days from the date of filing of the Final Plat with the Town Clerk, the time having not been extended and no unsatisfied objections having been filed, shall constitute approval of the Plat.

(d) Recordation. After the Final Plat has been approved by the Town Board and required improvements either installed or a contract and sureties insuring their installation is filed, the Town 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 30 days from the date of the last approval.

(e) Copies. The subdivider shall file ten (10) copies of the Recorded Final Plat with the Town Clerk for distribution to the Town Engineer, Building Inspector, Assessor and other affected departments for their files. Also, one (1) certified copy of the Final Plat as recorded shall be filed with Town Clerk by the subdivider.

3.03 TOWN PLAT REVIEW AND APPROVAL

(1) Preliminary Town Plat Review.

(a) Town Plat Required. When a subdivider proposes to create a major land division as defined in Section 11.00 of this code, the subdivider shall subdivide by use of a Town Plat. Before submitting a Final Town Plat for approval, the person(s) applying for a major land division shall prepare a Preliminary Town Plat along with a letter of application under the procedure set out below.

(b) Consultations Required Prior to Filing

1. Consultation with Plan Commission. Prior to filing an application for the approval of a preliminary Town Plat, the subdivider shall consult with the Town Plan Commission and/or its staff, and with the Ozaukee County Environmental Health Department staff in order to obtain their advice and assistance.

2. Consultation with Town Engineer. Before submitting a preliminary Town Plat for official filing, the subdivider shall meet with the Town Engineer for preliminary consultation in order to insure that the preliminary Town plat is acceptable for processing. If the plat is satisfactory, the Town Engineer shall note on the plat the engineer's recommendation that it be accepted for official filing.

(c) Official Filing. Following the mandatory preliminary consultations with the Town Engineer and the Plan Commission, and at least 45 days prior to the meeting of the Town Plan Commission at which action is desired, the subdivider shall file the Town Clerk at least 20 copies of the preliminary Town Plat and application for approval of the Preliminary Town Plat, and shall pay all applicable fees as set forth in Section 10.00 of this ordinance.

(d) The Town Clerk shall transmit a copy to the Preliminary Town Plat to all agencies or persons entitled to a copy for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Town Plan Commission within 20 days from the date the Plat is officially filed with the Town Clerk under subsection (1)(c) above. Within forty-five days of the date of the official filing of the preliminary town plat with the Town Clerk under subsection (1)(c) above, the Town Plan Commission shall review the preliminary plat for conformance with this code and all codes, ordinances, rules, regulations, comprehensive plans and comprehensive plan components.

(2) Preliminary Town Plat Approval. Any agencies or persons entitled to a copy according to law for their review and recommendations concerning matters within their jurisdiction shall, within 20 days of the date of receiving copies of the Preliminary Town Plat, notify the person(s) applying for a major land division and all other agencies or persons entitled to a copy according to law for their review and recommendations of any objections. If there are no objections, they shall so certify on the face of the copy of the Plat and shall return that copy to the Town Plan Commission. If an such agency or person fails to act within 20 days, it shall be deemed to have no objection to the Plat. In addition:

(a) At the Time of Application for Preliminary Town Plat approval the person(s) applying for a major land division shall pay all applicable fees as set forth in Section 10.00 of this ordinance.

(b) The Town Board, with or without the recommendation of the Plan Commission shall, within 90 days of the date of filing of a Preliminary Town Plat with the Town Clerk, approve, approve conditionally, or reject such Plat unless the time is extended by mutual written agreement with the person(s) applying for a major land division. One copy of the Plat shall thereupon be returned to the person(s) applying for a major land division with the date and action endorsed thereon; and if approved conditionally or rejected, a letter setting forth the conditions of approval or the reasons for rejection shall accompany the Plat. One copy each of the Plat and letter shall be placed in the Town Board's permanent file.

(d) Approval or Conditional Approval of a Preliminary Town Plat shall constitute approval of the Final Plat, except that if the Final Town Plat is submitted within six (6) months of preliminary plat approval and conforms substantially to the preliminary plat layout as indicated in Section 236.11(1)(b) of the Wisconsin Statutes, the Final Plat shall be entitled to approval with respect to such layout. The Preliminary Town Plat shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to this preparation of the Final Town Plat which will be subject to further consideration by the Town Plan Commission at the time of its submission.

(3) Final Town Plat Review.

(a) Application. The person(s) applying for a major land division shall prepare a Final Town Plat and a letter of application in accordance with this code and shall file at least 20 copies of the Plat and the application with the Town Clerk at least 25 days prior to the meeting of the Town Plan Commission at which action is desired. In addition:

1. Payment of Final Review Fees At the Time of Application. At the time of application for Final Town Plat approval, the person(s) applying for a major land division shall pay all applicable fees as set forth in Section 10.00 of this code. At the time the application for approval is filed, the subdivider shall also file a bond in the amount of one thousand dollars ($1000) to ensure that the Town Plat is timely recorded.

3. Partial Platting.

a. If permitted by the Town Plan Commission, the approved Preliminary Plat may be final platted in phases with each phase encompassing only that portion of the approved Preliminary Plat which the person(s) applying for a major land division proposed to record at one time, however, it is required that each such phase be final platted and be designated as a `phase' of the approved Preliminary Plat.

b. If the person(s) applying for a major land division elects to final plat in phases, the Town Board shall require a timetable of completion of development of the entire property included in the preliminary plat of the time of submittal of the first phase of the final plat.

3. Submission. Failure by the person(s) applying for a major land division to submit a Final Town Plat of all or at least one (1) phase of the approved Preliminary Town Plat within six (6) months of the last required approval of the Preliminary Town Plat, shall constitute a rescinding of the Preliminary Town Plat approval. After six (6) months the person(s) applying for a major land division has the option of resubmitting the original Preliminary Town Plat for approval or submitting newly designed Preliminary Town Plat in accordance with Section 3.04 of this code.

(b) The Town Clerk shall within two (2) normal work days after filing, transmit a copy to the Final Town Plat to all agencies or persons entitled to a copy for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Town Plan Commission within 20 days from the date the Plat is filed with the Town Clerk.

2. Recommendation. The Town Plan Commission shall, within 45 days of the date of mailing the Final Town Plat with the Town Clerk, recommend approval, conditional approval or rejection of the Plat and shall transmit the Final Town Plat and application along with its recommendations to the Town Board.

(4) Final Town Plat Approval.

(a) Response of Objection Agencies. Any agencies or persons entitled to a copy according to law for their review and recommendations concerning matters within their jurisdiction shall, within 20 days of the date of receiving their copies of the Final Town Plat, notify the person(s) applying for a major land division and any other agencies or persons entitled to a copy according to law for their review and recommendations of any objections. If there are no objections, they shall so certify on the face of the copy of the Plat and shall return that copy to the Town Plan Commission. If such person or agency fails to act within 20 days, it shall be deemed to have no objection to the Plat.

(b) Town Board Action. With or without the recommendation of the Town Plan Commission, the Town Board shall, within 90 days of the date of filing the original Final Town Plat with the Town Clerk, approve or reject the Final Town Plat unless the time is extended by mutual written agreement with the person(s) applying for a major land division. 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 person(s) applying for a major land division. The Town Board may not inscribe its approval of the Final Town Plat unless the Town 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.

1. After the Final Town Plat has been approved by the Town Board and required improvements either installed or a contract and sureties insuring their installation is filed, the Town Clerk shall cause the certificate inscribed upon the Plat attesting to such approval to be duly executed and the Plat returned to the person(s) applying for a major land division for recording with the County Register of Deeds.

2. The subdivider shall record the Town Plat with the County Register of Deeds within 30 days of its approval by the Town Board. The recorded original must be on a reproducible, legible material such as mylar, and be 22 inches wide by 30 inches long. The name of the plat shall include the words "Town Plat" and shall not be a duplicate of the name of any plat previously recorded in the Town of Grafton or Ozaukee County.

3. If the subdivider fails to file with the Town Clerk within 30 days of its approval by the Town Board a copy of the Town Plat showing that the plat has been recorded with the County Register of Deeds, the $1000 bond referred to in section (3)(a)1 above shall be forfeited to the Town.

4. If the subdivider fails to timely record the Town Plat, the Town, at its discretion, may have the Town Plat recorded with the County Register of Deeds. However, any decision whether to record a Town Plat under this section is purely discretionary with the Town Board. This section shall not be construed to relieve from or lessen the responsibility or liability of any person for any violation of this code or Chapter 236 of the Wisconsin Statutes; nor shall the Town of Grafton or its officers, agents or employees be held as assuming any such responsibility or liability by reason of any action or failure or refusal to act to record any Town Plat approved by the Town Board. The Town of Grafton or its officers, agents or employees shall not be held liable for any damages resulting from the enforcement of this section.

(d) Copies. The person(s) applying for a major land division shall file ten (10) copies of the Recorded Final Town Plat with the Town Clerk for distribution to the Town Engineer, Building Inspector, Assessor and other affected departments for their files. Also, one (1) certified copy of the Final Plat as recorded shall be filed with Town Clerk by the person(s) applying for a major land division.

3.04 REPLAT

When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, major land division, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded Plat as provided in Sections 236.40 through 236.44 of the Wisconsin Statutes. The subdivider, or person wishing to replat, shall then proceed as specified in Sections 3.01 through 3.05 of this code.

The Town Clerk shall schedule a public hearing before the Town Plan Commission when a Preliminary Town or Subdivision Plat of a replat of lands within the Town limits is filed, and shall cause notices of the proposed Replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed Replat and to the owners of all properties within 500 feet of the exterior boundaries of the proposed Replat.

3.05 CERTIFIED SURVEY MAP REVIEW AND APPROVAL PROCESS

(1) Certified Survey Map Required. When a subdivider proposes to create a minor land division as defined in Section 11.00 of this code, the subdivider shall subdivide by use of a Certified Survey Map. The Certified Survey Map must show all lands in which the subdivider has an interest which are affected by the proposed land division. The Certified Survey Map shall be prepared by a registered surveyor in accordance with this code.

(2) Consultations Required Prior to Filing

(a) Consultation with Plan Commission. Prior to filing an application for the approval of a certified survey map, the subdivider shall consult with the Town Plan Commission and/or its staff, and with the Ozaukee County Environmental Health Department staff in order to obtain their advice and assistance.

(b) Consultation with Town Engineer. Before submitting a preliminary or final certified survey map for official filing, the subdivider shall meet with the Town Engineer for preliminary consultation in order to insure that the certified survey map is acceptable for processing. If the map is satisfactory, the Town Engineer shall note on the map the engineer's recommendation that it be accepted for official filing.

(3) Approval Procedure

(a) Official Filing. Following the mandatory preliminary consultations with the Town Engineer and the Plan Commission, and at least 45 days prior to the meeting of the Town Plan Commission at which action is desired, the subdivider shall file with the Town Clerk at least twenty (20) copies of the Certified Survey Map and application for approval of the Certified Survey Map, together with a bond in the amount of five hundred dollar ($500) to ensure that the Certified Survey Map is timely filed under section (3)(e) below.

(b) The Town Clerk shall transmit a copy of the Certified Survey Map to all agencies and persons entitled to a copy according to law for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Town Plan Commission within twenty (20) days from the Certified Survey Map is officially filed with the Town Clerk.

(c) The Town Plan Commission shall, within 45 days from date of official filing date, review the Certified Survey Map for conformance with this code and all ordinances, rules, regulations, comprehensive plans, and comprehensive plan components; and shall recommend approval, conditional approval or rejection of the Certified Survey Map; and shall transmit the Certified Survey Map along with its recommendations to the Town Board.

(d) The Town Board shall approve, approve conditionally, or reject such Certified Survey Map. If the Certified Survey Map is rejected, the reason(s) shall be stated in the minutes of the meeting and a copy of the minutes or a written statement shall be forwarded to the subdivider. If the Certified Survey Map is approved, the Town Board shall cause the Town Clerk to so certify on the face of the original Certified Survey Map and return the Certified Survey Map to the subdivider.

(e) Recordation.

1. The subdivider shall record the Certified Survey Map with the County Register of Deeds within 30 days of its approval by the Town Board.

2. If the subdivider fails to file with the Town Clerk within 30 days of its approval by the Town Board a copy of the Certified Survey Map showing that the Certified Survey Map has been recorded by the County Register of Deeds, the $500 bond referred to in section (3)(a)1 above shall be forfeited to the Town.

3. If the subdivider fails to timely record the Certified Survey Map, the Town, at its discretion, may have the Certified Survey Map recorded with the County Register of Deeds. However, any decision to record a Certified Survey Map under this section is purely discretionary with the Town Board. This section shall not be construed to relieve from or lessen the responsibility or liability of any person for any violation of this code or Chapter 236 of the Wisconsin Statutes; nor shall the Town of Grafton or its officers, agents or employees be held as assuming any such responsibility or liability by reason of the any action or failure or refusal to act to record any Certified Survey Map approved by the Town Board. The Town of Grafton or its officers, agents or employees shall not be held liable for any damages resulting from the enforcement of this section.

(f) Copies. The subdivider shall file ten (10) copies of the Recorded Certified Survey Map with the Town Clerk for distribution to the Town Engineer, Building Inspector, Assessor and other affected departments for their files. Also, one certified copy of the Certified Survey map, as recorded, shall be filed with the Town Clerk by the subdivider.

SECTION 4.00 PRELIMINARY PLAT

4.01 GENERAL

A preliminary subdivision plat shall be required for all subdivisions, and a preliminary town plat shall be required for all major land divisions. Such preliminary plats shall be based upon a survey by a registered land surveyor and the plat shall be prepared on tracing cloth, reproducible drafting film, or paper of good quality at a map scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

a. Title or name under which the proposed subdivision or major land division is to be recorded. For major land divisions, the title of the plat shall include the words "Town Plat."

b. Proper Location of the proposed subdivision or major land division by: Government lot, quarter-section, township, range, county and state.

4.02 PLAT DATA

a. Exact Length and Bearing of the exterior boundaries of the proposed subdivision or major land division referenced to a corner established in U.S. Public Land Survey, and the total acreage encompassed thereby.

b. Existing and Proposed Contours at vertical intervals of not more than two (2) feet where the slope of the ground surface is less than ten (10) percent, and if not more than four (4) feet where the slope of the ground surface is ten (10) percent or more. Elevations shall be marked on such contours based on National Geodetic Datum of 1929 (mean sea level);

c. Water Elevations of adjoining lakes and streams at the date of the survey and approximately high and low water elevations, all referred to mean sea level (1929 datum).

d. Floodplain Limits and the contour line lying a vertical distance of two (2) feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five (5) feet above the elevation of the maximum flood of record.

e. 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.

f. 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 centerline elevations, all to mean sea level (1929 datum).

g. Location and Names of Any Adjacent Subdivisions, parks and cemeteries, and owners of record of abutting unplatted lands.

h. Location Size and Invert Elevation of any existing sanitary or storm sewers, culverts and drain pipes, including farm drain tile, the location of manholes, catch basins, hydrants, power and telephone poles, 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 sanitary or storm sewers or water mains are located on or immediately adjacent to the lands being platted, the nearest such sewers or water mains which might be extended to serve such lands shall be indicated by their direction and distance from the nearest exterior boundary of the plat and their size, and invert elevations.

i. Locations of All Existing Property Boundary Lines, structures, drives, streams and watercourses, marshes rock outcrops, wooded areas, railroad tracks and other similar significant natural or man-made features within the tract being divided or immediately adjacent thereto.

j. Location, Width and Names of all proposed streets and public rights-of-way such as alleys and easements.

k. Approximate Dimensions of All Lots together with proposed lot and block numbers.

l. Location and Approximate Dimensions and Size of any sites to be reserved or dedicated for parks, playgrounds, drainageways, schools, or other public use or which are to be used for group housing, shopping centers, church sites, or other private uses not requiring lotting;

m. Approximate Radii of All Curves.

n. Existing Zoning on and adjacent to the proposed subdivision or major land division.

o. Any Proposed Lake and Stream Access with a small drawing clearly indicating the location of the proposed subdivision or major land division in relation to the access.

p. Any Proposed Lake and Stream improvement or relocation.

q. Soil Type, Slope, and Boundaries as shown on the detailed operational soil survey maps prepared by the U.S. Soil Conservation Service.

r. Location of Soil Boring Tests, where required by Section H65.06(2) of the Wisconsin Administrative Code, made to a depth of six (6) feet, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per three (3) acres shall be made initially. Two (2) copies of all test results shall accompany the Preliminary Plat.

s. Location of Soil Percolation Tests where required by Section H65.06(3) of the Wisconsin Administrative Code, conducted in accordance with Section H65.06(4) of the Wisconsin Administrative Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less one test per three (3) acres or one test per lot, whichever is greater. Two (2) copies of all test results shall accompany the Preliminary Plat.

4.03 STREET PLANS AND PROFILES

The Town Engineer may require that the subdivider provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision or major land division when requested. All elevations shall be based upon mean sea level (1929) datum, and plans and profiles shall meet the approval of the Town Engineer.

4.04 TESTING

The Town Engineer 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 ground water table. Where the subdivision or major land division will not be served by public sanitary sewer service, the provisions of Chapter H65 of the Wisconsin Administration Code shall be complied with, and the appropriate data submitted with the preliminary plat.

4.05 SOIL AND WATER CONSERVATION

The Town Engineer, upon determining from a review of the preliminary plat that the soil, slope, vegetation, and drainage characteristics of the site are such as to require substantial cutting, clearing, grading, and other earth- moving operations in the development of the subdivision or otherwise entail a severe erosion hazard, may require the subdivider to provide soil erosion and sedimentation control plans and specifications. Such plans shall generally follow the guidelines and standards set forth in the publication, Minimizing Erosion In Urbanizing Areas, as prepared by the U.S. Department of Agriculture, Soil Conservation Service, 1972, and shall be in accordance with standards set forth in Section 8.14 of this code.

4.06 COVENANTS

a. The Town Plan Commission may require submission of a draft of protective covenants whereby the subdivider intends to regulate land use in the proposed subdivision or major land division and otherwise protect the proposed development.

b. Road Access to be Depicted. Every preliminary or final subdivision plat, town plat and certified survey map, whether preliminary or final, shall depict the road or street access appertaining to each lot therein shown. Such road or street access shall be so located as to be conducive to public safety in regard to vehicular and pedestrian traffic and it shall be so situated so as to promote the orderly platting and development of surrounding areas. If any lot abuts mare than one road or street, each road or street access intended by the owner shall be depicted. It shall be the duty of the Town Plan Commission and the Town Board to evaluate each proposed lot access to determine whether or not it presents a safety hazard in regard to vehicular and pedestrian traffic and whether or not it promotes the orderly platting and development of the surrounding areas. The Town Plan Commission or the Town Board may reject any proposed plat or proposed certified survey map because of its disapproval of any road or street access for any lot. In the alternative, the Town Plan Commission or the Town Board may approve any plat or certified survey map on condition that it be changed to show the access in a manner satisfactory to the Town Plan Commission and the Town Board. Any action by the Town Plan Commission or the Town Board pursuant to this section shall be presumed to be based upon facts indicating that the proposed access poses a hazard to vehicular or pedestrian traffic or fails to promote the orderly platting or development of surrounding areas.

4.07 AFFIDAVIT

The Surveyor preparing the preliminary plat shall certify on the face of the Plat that a correct representation of all existing land divisions and features and that he has fully complied with the provisions of this code.

SECTION 5.00 FINAL PLAT

5.01 GENERAL

A Final Subdivision Plat prepared by a registered land surveyor shall be required for all subdivisions. A Final Town Plat prepared by a registered land surveyor shall be required for all major land divisions. Such Final Plats shall comply in all respects with the requirements of Sections 236.15, 236.16, and 236.20 of the Wisconsin Statutes.

5.02 ADDITIONAL INFORMATION

The Plat shall show correctly on its face, in addition to the information required by Section 236.20 of the Wisconsin Statutes, the following:

a. Exact Length and Bearing of the centerline of all streets.

b. Exact Street Width along the line of any obliquely intersecting street.

c. Railroad Rights-of-Way within and abutting the plat.

d. Setbacks or Building Lines required by the Town Plan Commission or other Town or County ordinances.

e. Utility and drainage easements.

f. All Lands Dedicated for Public Use reserved for future public acquisition, or reserved for the common use of property owners within the Plan.

g. Special Restrictions required by the Town Plan Commission relating to access control along public ways or to the provision of planting strips.

5.03 DEED RESTRICTIONS

The Town Plan Commission may require that deed restrictions be filed with the Final Plat.

5.04 SURVEY ACCURACY

a. Maximum Error of Closure before adjustment of the survey of the exterior boundaries of the subdivision or major land division shall not exceed, in horizontal distance or position, the ratio of one part in ten thousand (1:10000), 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 is obtained. When 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.

b. 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 field checks disclose an error for any interior line of the Plat greater than the ratio of one part in five thousand (1:50000), 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 (5) minutes of arc.

c. Where the Plat is Located within a U.S. Public Land Survey one-quarter section the corners of which have been relocated, monumented, and coordinated by Ozaukee County, the Town of Grafton, or the Southeastern Wisconsin Regional Planning Commission, the tie required by Section 236.20(3)(b) of the Wisconsin Statutes shall 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 or major land division.

d. The Town Board shall receive the results of the Town Engineer's examination prior to approving the Final Plat.

5.05 SURVEYING AND MONUMENTING

All final plats shall meet all the surveying and monumenting requirements of Section 236.15 of the Wisconsin Statutes.

5.06 STATE PLANE COORDINATE SYSTEM

Where the Plat is located within a U.S. Public Land Survey one-quarter section the corners of which have been relocated, monumented, and coordinated by Ozaukee County, the Town of Grafton, or the Southeastern Wisconsin Regional Planning Commission, the Plat shall be tied directly to one of the section or quarter corners so relocated, monumented, and coordinated. The exact grid bearing the distance of such tie shall be determined by field measurements, and the material and Wisconsin state plane coordinates at the monument marking the relocated section of 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 Tone, and adjusted to the County's control survey.

5.07 CERTIFICATES

All final plats shall provide all the certificates required by Section 236.21 of the Wisconsin Statutes; and, in addition, the surveyor shall certify that he has fully complied with all the provisions of this code.

SECTION 6.00 CERTIFIED SURVEY MAP

6.01 GENERAL

A certified Survey Map prepared by a registered land surveyor shall be required for all minor land divisions. It shall comply in all respects with the requirements of Section 236.34 of the Wisconsin Statutes. The minor land division shall comply with the design standards and improvement requirements set forth in Sections 7.00 and 8.00 of this code.

6.02 ADDITIONAL INFORMATION

The Certified Survey Map shall show correctly on its face, in addition to the information required by Section 236.34 of the

Wisconsin Statutes, the following:

a. All Existing Buildings, watercourses, drainage ditches, and other features pertinent to proper land division.

b. Setbacks or Building Lines required by the Town Plan Commission or other Town or County Ordinances.

c. Utility and drainage easements.

d. All Lands Dedicated For Public Use or reserved for future acquisition.

e. Date of the Certified Survey Map.

f. Graphic Scale and North Point.

g. Name and Address of the owner, subdivider, and surveyor.

h. Location of Soil Boring and Soil Percolation Tests conducted in accordance with Section H65.06 of the Wisconsin Administrative Code. The results of such test shall be submitted along with the Certified Survey Map.

i. All Proposed Streets, Roads, or Highways within 300 feet of the boundaries of the parcels created by the minor land division.

j. The New Parcels Created including all lands owned by the subdivider or applicant lying within the one-quarter(s) of the U.S. Public Land Survey one-quarter sections(s) in which the minor land division is located and including proper survey ties to the quarter corners as set forth in Section 6.03 of this Code.

6.03 STATE PLANE COORDINATE SYSTEM

Where the Certified Survey Map is located with a U.S. Public Land Survey one-quarter section the corners of which have been relocated, monumented, and coordinated by Ozaukee County, Town of Grafton, or the Southeastern Wisconsin Regional Planning Commission, the Certified Survey 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 Certified Survey Map is tied shall be indicated on the Certified Survey Map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the County's control survey.

6.04 CERTIFICATES

The Surveyor shall certify on the face of the Certified Survey Map that he has fully complied with all the provisions of this code. The Town Plan Commission and Town Board, after a recommendation by the reviewing agencies, shall each certify its approval on the face of the Certified Survey Map.

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 Section 236.21(2)(a) of the Wisconsin Statutes.

6.05 RECORDATION

The Certified Survey Map shall be recorded with the County Surveyor and County Register of Deeds only after the certificates of the Town Plan Commission and Town Board and the surveyor are placed on the face of the Certified Survey Map and after all applicable fees have been paid in accordance with Section 10.00 of this code.

SECTION 7.00 DESIGN STANDARDS

7.01 STREET ARRANGEMENT

In any new subdivision or land division, the street layout shall conform to the arrangement, width and location indicated on the official map, County jurisdictional highway system plan, comprehensive plan or plan component, or precise neighborhood unit development plan of the Town of Grafton, Ozaukee County, Wisconsin. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, to existing or planned utilities. The subdivision or major land division shall be designed so as to provide each lot with satisfactory access to a public street. In addition:

a. Arterial Streets, as hereafter defined, shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect.

b. Collector Streets, as hereafter defined, shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the major street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches and shopping centers and other concentrations of population and to the major streets to which they connect.

c. Minor Streets, as hereafter defined, shall be arranged to conform to the topography, to discourage use by through traffic, where applicable to permit the design of efficient storm drainage, water supply, and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.

d. 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 Town Plan Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts. Where an existing dedicated or platted half-street is adjacent to the tract being subdivided, the other half of the street shall be dedicated by the subdivider.

e. Arterial Street and Highway Protection . Whenever the proposed subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage, with screen planting contained in a nonaccess reservation along the rear property line, or by the use of frontage streets.

f. Stream or Lake Shores shall have a minimum of 60 feet of public access platted to the low water mark at intervals of not more than one-half mile as required by Section 236.16(3) of the Wisconsin Statutes.

g. 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 Town under conditions approved by the Town Plan Commission.

h. Alleys shall be provided in commercial and industrial areas for off-street loading and service access unless otherwise required by the Town Plan Commission, but shall not be approved in residential districts. Dead-end alleys shall not be approved, and alleys shall not connect to a major thoroughfare.

i. Street Names shall not duplicate or be similar to existing street names elsewhere in the Town, and existing street names shall be projected wherever possible.

7.02 LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY TREATMENT

Whenever the proposed subdivision or land division contains or is adjacent to a limited access highway or railroad right-of-way, the design shall provide the following treatment:

a. When Lots Within the Proposed Subdivision or Land Division 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 a part of the platted lots but shall have the following restrictions lettered on the face of the plat: "This strip reserved for the planting of trees and shrubs, the building of structures hereon prohibited.

b. Commercial and Industrial Properties shall have provided, on each side of the limited access highway 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.

c. Streets Parallel to a Limited Access Highway or railroad right-of-way, when intersecting a major street and 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.

d. 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.

7.03 STREET AND OTHER PUBLIC WAY DESIGN STANDARDS

The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified by the comprehensive plan, comprehensive plan component, official map, neighborhood development plan; or jurisdictional highway system plan; or if no width is specified therein, the minimum widths shall be as set forth in Table 1.

Arterial street sections are for standard arterial streets only. Cross-sections for freeways, expressways and parkways should be based upon detailed engineering studies. In addition:

a. Cul-de-Sac All cul-de-sac streets designed to have one end permanently closed shall terminate in a circular turn-around having a minimum right-of-way radius of 78 feet and a minimum face of curb radius of 42 feet on urban sections and a minimum outside pavement radius of 42 feet on rural sections.

b. Temporary Termination of streets at the boundary of a subdivision intended to be extended at a later date and where five (5) or more dwelling units have driveway access to such streets shall be accomplished with a temporary cul-de-sac in accordance with the standards set forth above, or by construction of a temporary 'T' turn-around within the street right-of-way having a 'cross-bar' length of 66 feet and width of 34 feet.

c. Street Grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for arterial and collector streets, and one-half (1/2) this minimum for all other streets.

7.04 STREET INTERSECTIONS

Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition:

a. The Number of Streets Converging at one intersection shall be reduced to a minimum, preferably not more than two.

b. The Number of Intersections along arterial streets and highways shall be held to a minimum. Wherever practicable the distance between such intersections shall not be less than 1,200 feet.

c. Property Lines at Street Intersections along arterial streets and highways shall be rounded with a minimum radius of 15 feet or of a greater radius when required by the Town Plan Commission, or shall be cut off by a straight line through the points of tangency of an arc having a radius of 15 feet.

d. Minor and Collector Streets shall not necessarily continue across arterial streets. If the distance between the centerline intersections of any street with any other intersecting street is less than 250 feet, measured along the centerline of the intersecting street, then the location shall be so adjusted that the distance is increased or the adjoinment across the intersecting street is continuous and a jog is avoided.

e. On All Streets Where Sidewalks are required, ramps or openings to accommodate handicapped individuals or vehicles shall be provided in accordance with Section 66.616 of Wisconsin Statutes.

f. The Platting of Half-Streets shall not be permitted.

7.05 BLOCKS

The widths, lengths, and shapes of blocks shall be suited to the planned use of the land; zoning requirements; need for convenient access, control and safety of street traffic; and the limitations and opportunities of topography. In addition:

a. The Length of Blocks in residential areas shall not as a general rule be less than 600 feet nor more than 1,200 feet in length unless otherwise dictated by exceptional topography or other limited factors of good design.

b. Pedestrian Ways of not less than 20 feet in width may be required near the center and entirely across any block over 900 feet in length where deemed essential by the Town Plan Commission to provide adequate pedestrian circulation or access to schools, parks, shopping centers, churches or transportation facilities.

c. The Width of Blocks shall be wide enough to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. Width of lots or parcels reserved or designed for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions for such use.

d. All Television Cable, Telephone and Electric Power lines shall, where practical, be placed on mid-block easements of not less than 20 feet centered on the property line, and where possible, along rear lot lines for underground construction.

7.06 LOTS

The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the building contemplated. In addition:

a. Side Lot Lines shall be at right angles to straight street lines or radial to curved street lines on which the lots face. Lot lines shall follow municipal boundary lines rather than cross them.

b. Double Frontage or 'Through' Lots shall be prohibited except where necessary to provide separation of residential development from arterial traffic or to overcome specific disadvantages of topography and orientation.

c. Access. Every lot shall front or abut for a distance of at least 66 feet on a public street, or at discretion of the Town Board or Town Plan Commission.

d. Area and Dimensions of all lots shall conform to the requirements of the Town of Grafton or Ozaukee County Zoning Ordinance for the subdivisions within the Town. Those building sites not served by a public sanitary sewerage system or other approved system shall be sufficient to permit the use of an onsite soil absorption sewage disposal system or holding tank designed in accordance with Section H62.20 of the Wisconsin Administrative Code.

e. Excessive Depth of Lots in relation to width shall be avoided and a proportion of two to one (2:1) shall be considered a desirable depth to width ratio under normal conditions. Depth of lots or parcels designated for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated.

f. The Width of Lots within the interior of a block shall conform to the requirements of the Town or County Zoning Ordinance, or other applicable ordinance, and in no case shall a lot have a minimum average width of less than 125 feet.

g. Corner Lots shall have an additional width of ten (10) feet to permit adequate building setbacks from side streets.

h. Lands Lying Between the Meander Line and the water's edge and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be dedicated to the public in any plat abutting a lake or stream.

7.07 BUILDING AND SETBACK LINES

Building setback lines appropriate to the location and type of development contemplated, which are more restrictive than the regulation of the zoning district in which the plat is located, may be required by the Town Plan Commission.

7.08 EASEMENTS

The Town Plan Commission may require utility easements of widths deemed adequate for the intended purpose but not less than ten (10) feet on each side of all rear lot lines and on side lot lines or across lots where necessary or advisable for electric power and communication wires and conduits; storm and sanitary sewers; and gas, water and other utility lines.

Where a subdivision is traversed by a watercourse, drainageway channel or stream, an adequate drainageway or easement shall be provided as may be required by the Town Plan Commission. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Town Engineer; and parallel streets or parkways may be required in connection therewith. Where necessary storm water drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow. These design details are subject to review and approval of the Plan Commission.

7.09 PUBLIC SITES AND OPEN SPACES

In the design of the plat, due consideration shall be given to the reservation of suitable sites of adequate area for future schools, parks, playgrounds, drainageways and other public purposes. If designated on the comprehensive plan, comprehensive plan component, official map, or component neighborhood development plan, such areas shall be made a part of the plat as stipulated in Section 2.03 of these regulations. If not so designated, considerations shall be given in the location of such sites to the preservation of scenic, cultural, scientific, and historic sites; wooded areas; wetlands, floodlands, marshes, streams, lakes, and ponds; and steep topography and ravines.

Accordingly, each subdivider of land in the Town of Grafton shall at the discretion and direction of the Town Plan Commission, either dedicate open space lands designated on the Town Lane Use Plan - or, reserve such open space lands and pay a public site fee - or, where no open space lands are directly involved, pay a public site fee. The Town Plan Commission shall, at the time of reviewing the Preliminary Plat or Certified Survey Map, select one of the following options and record such selection in the minutes of the meeting at which the Preliminary Plat or Certified Survey Map is presented for approval:

a. Dedication of Site Option. Whenever a proposed playground, park, or other public open space land designated on the Town comprehensive plan, neighborhood unit development plan, or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided, the public lands shall be made a part of the plat and shall be dedicated to the public by the subdivider at the rate of one (1) acre for each 15 proposed or potential dwelling units; and any such proposed public lands in excess of the rate established herein shall be reserved for a period not to exceed three (3) years, unless extended by mutual agreement, for purchase at undeveloped land prices by the public agency having jurisdiction. If the lands in excess of the established rate are not acquired within the three-year period as set forth herein, or the period extended by mutual agreement, the land will be released from reservation to the owner by the Town Board.

b. Reservation of Site Option. Whenever a proposed playground, park, or other public open space land designated on the Town's comprehensive plan, neighborhood unit development plan, or other comprehensive plan component is encompassed, all or in part, within a tract of land to be subdivided, the proposed public open space lands shall be made a part of the plat and reserved at the time of final plat approval for a period not to exceed three (3) years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the public agency having jurisdiction and the subdivider shall pay a public site fee at the time of application for final plat approval at the rate and according to the procedures set forth in Section 7.09(c) of this code. If the land is not acquired within the three-year time period as set forth herein or the time period extended by mutual agreement, the land will be released to the owner from reservation by the Town Board.

c. Public Site Fee Option. If a proposed urban subdivision, as defined herein, does not encompass a proposed public or private park, parkway, or other open space lands, or if the Town Plan Commission requires the reservation of land as set forth in Section 7.09(b) of this code, a fee of the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the Town Treasurer at the time of first application for approval of a final plat of said subdivision or part thereof in the amount of $200 for each proposed dwelling unit within the plat. Public site fees collected by the Town Treasurer under the provisions of this code shall be placed in a nonlapsing special fund for Town parks and open spaces within designated areas and shall be separate from the General Fund of the Town, and said special fund shall be used exclusively for the acquisition and development of park, recreation, and other open space areas within each specifically designated area of the Town. However, the Town may, in lieu thereof, require that any park or playground be privately owned and held in joint ownership by and maintained for the benefit of the owners of lots within the subdivision.

SECTION 8.00 REQUIRED IMPROVEMENTS

8.01 SURVEY MONUMENTS

The subdivider shall install survey monuments placed in accordance with the requirements of Chapter 236.15 of the Wisconsin Statutes and as may be required by the Town Engineer.

8.02 GRADING

After the installation of temporary block corner monuments by the subdivider and establishment of street grades by the Town Engineer, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the Town Engineer. The subdivider shall grade the roadbeds in the street rights-of-way to subgrade.

Cut and filled lands outside of street right-of-way shall be graded to a maximum slope of 25 percent or the soils angle of repose, whichever is the lesser. All graded lands with the exception of the roadbeds of streets should be treated for sediment and erosion control purposes as set forth in Section 9.05 of this code.

8.03 SURFACING

After the installation of all utility and storm water drainage improvements, the subdivider shall surface all roadways in streets proposed to be dedicated to the widths prescribed by these regulations and the comprehensive plan or comprehensive plan components of the Town. Said surfacing shall be done in accordance with plans and standard specifications approved by the Town Engineer. The cost of surfacing in excess of 48 feet in width that is not required to serve the needs of the subdivision shall be borne by the Town.

8.04 RURAL STREET SECTIONS

When permanent rural street sections have been approved by the Town Board 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 the plans and standard specifications approved by the Town Engineer and as set forth in Section 9.05 of this code.

8.05 SIDEWALKS

In all urban subdivisions the Town Board shall, and in rural subdivisions may, require the subdivider to construct a concrete sidewalk an one side of all frontage streets, and on both sides of all other through, and/or continuous streets within the subdivision. The Town Board may also require the subdivider to construct concrete sidewalks on one or both sides of all dead end or cul-de-sac streets which are in excess of 600 feet in length or which serve two-family or multiple-family development. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Town Engineer.

In addition, wider than standard sidewalks may be required by the Town Board in the vicinity of schools, commercial areas and other places of public assemblage, and the Town Board may require the construction of sidewalks in locations other than required under the preceding provisions of this code if such walks are necessary in their opinion, for safe and adequate pedestrian circulation.

8.06 STORM WATER DRAINAGE FACILITIES

The subdivider shall construct storm water drainage facilities, adequate to serve the subdivision which may include curbs and gutters, catch basins and inlets, storm sewers, road ditches, culverts, open channels, water retention structures and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow through and from within the subdivision and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazards to life or property. In addition:

a. Unpaved Road Ditches and back slopes shall be shaped and seeded and/or sodded as grassed waterways. Where the velocity of flow is in excess of four (4) feet per second on soils having a severe or very severe erosion hazard and in excess of six (6) feet per second on soils having moderate, slight, or very slight erosion hazard, the subdivider shall install a paved invert or check dams, flumes, or other energy-dissipating devices.

b. Drainage Facilities shall, if required, include water retention structures and settling basins so as to prevent erosion and sedimentation where such facilities discharge into streams or lakes. The design criteria, the size, type, grades and installation of all storm water drains and sewers and other cross-section, invert and erosion control paving check dams, flumes or other energy dissipating structures and seeding and/or sodding of open channels and unpaved road ditches proposed to be constructed shall be in accordance with the plans and standard specifications approved by the Town Engineer.

c. Where a Sanitary District has created pursuant to Section 60.30 of Wisconsin Statutes for the purpose of providing and constructing surface drainage facilities, storm sewers, or other drainage improvements, such plans and standard specifications shall be further subject to approval by the Sanitary District Board.

d. The Subdivider Shall Assume the cost of installing all storm sewers within the proposed subdivision, except for the added cost of installing storm sewers greater than twenty-four (24) inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed subdivision. In addition, the subdivider shall pay to the Town or Sanitary District wherein the subdivision is located a storm sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers.

e. Subsurface Drain Tiles shall be clearly shown on all proposed construction plans. If during construction a subsurface tile is found, the subdivider shall notify the Town Engineer and Building Inspector prior to reconnection. The subdivider shall be responsible for reconnection to ensure proper flow of water.

8.07 OTHER UTILITIES

The subdivider shall cause electrical power, telephone facilities, TV cable, and where possible, natural gas to be installed in such a manner as to make adequate service available to each lot in the subdivision. No electrical, telephone service or TV cable shall be located on overhead poles unless otherwise allowed by the Plan Commission due to exceptional topography or other physical barrier. Plans indicating the proposed location of all gas, electrical power and telephone distribution and transmission lines required to service the plat shall be approved by the Town Engineer.

8.08 SEDIMENT CONTROL

The subdivider shall plant those grasses, trees, and vines, a species and size specified by the Town Board, necessary to prevent soil erosion and sedimentation. The Town Plan Commission may require the subdivider to provide or install certain protection and rehabilitation measures, such as fencing, slopes, seeding, trees, shrubs, riprap, wells, revetments, jetties, clearing, dredging, snagging, drop structures, brush mats, willow poles, and grade stabilization structures. In addition:

a. Tree Cutting and Shrubbery Clearing shall not exceed 30 percent of the lot or tract and shall be so conducted as to prevent erosion and sedimentation; preserve and improve scenic qualities; and, during foliation, substantially screen any development from stream or lake users.

b. Paths and Trails in wooded and wetland areas shall not exceed ten (10) feet in width unless otherwise approved by the Town Plan Commission, and shall be so designed and constructed as to result in the least removal and disruption of trees and shrubs, and the minimum impairment of natural beauty.

c. Earth Moving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, drain tile laying, dredging, and lagooning, shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regiment, and topography (see Sections 9.04 and 9.05 of this Code).

d. Review of the Conduct of All Cutting, Clearing and Moving may be requested of the County Soil and Water Conservation District Supervisors, the State District Fish and Game Managers, and the State District Forester by the Town Engineer or Town Plan Commission as they deem appropriate.

8.09 OPTIONAL PROVISION OF PUBLIC UTILITIES AND FACILITIES

If for any reason the subdivider fails to install public utilities or facilities as prescribed herein or as ordered by the Town Board pursuant to this code, the Town Board may install such improvements and assess the full cost of such installations against the subdivider or property owner as set forth in Section 66.60 of the Wisconsin Statutes. Also, the Town and subdivider may agree to have public improvements installed by the Town pursuant to Section 66.60 of the State Statutes.

SECTION 9.00 CONSTRUCTION

9.01 COMMENCEMENT

No construction or installation of improvements shall commence in a proposed subdivision until the Preliminary Plat or Certified Survey Map has been approved and the Town Board has given written authorization for such commencement.

9.02 BUILDING PERMITS

No building, zoning or sanitary permits shall be issued for erection of a structure on any lot not of record until all the requirements of this code have been met.

9.03 OCCUPANCY PERMIT

No occupancy permit shall be issued until all requirements of this code are met to the satisfaction of the Building Inspector.

9.04 PLANS

The following plans and accompanying construction specifications may be required by the Town Engineer before authorization of construction or installation of improvements.

a. Street Plans and Profiles showing existing and proposed grade, elevations and cross-sections of required improvements.

b. Sanitary Sewer plans and profiles showing the locations, grades, sizes, elevations and materials or required facilities.

c. Storm Sewer plans and profiles showing the locations, grades, sizes, cross-sections, elevations and materials of required facilities.

d. Water Main plans and profiles showing the locations, sizes, elevations and materials of required facilities.

e. 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 generally follow the guidelines and standards set forth in the publication, Minimizing Erosion in Urbanizing Areas, as prepared by the U.S. Department of Agriculture, Soil Conservation Service, 1972 and as set forth in Section 9.05 of this code.

f. Planting Plans showing the locations, age, caliper, and species of any required grasses, vines, shrubs, and trees.

g. Additional special plans or information as required.

9.05 EROSION CONTROL

The subdivider shall cause all grading, 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, in accordance with the plans and specifications and at such times as approved by the Town Engineer. Such erosion control may include, but is not limited to, the following measures:

a. Sod Laid in Strips at those intervals necessary to prevent erosion and at right angles to the direction of drainage.

b. Temporary Vegetation and mulching provided to protect critical areas, with permanent vegetation installed as soon as practical.

c. Construction at any given time being confined to the smallest practical area and for the shortest practical period of time.

d. Sediment Basins installed and maintained at all drainageways to trap, remove, and prevent sediment and debris from being washed outside the area being developed.

9.06 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. Any such trees are to be protected and preserved during construction in accordance with sound conservation practices, including the preservation of trees by use of wells or islands or retaining walls whenever abutting grades are altered.

9.07 INSPECTION

The subdivider, prior to commencing any work within the subdivision shall make arrangements with the Town Engineer to provide for adequate inspection. The Town Engineer shall inspect and approve all completed work prior to approval of the Final Plat or release of the sureties.

SECTION 10.00 FEES

10.01 GENERAL

The subdivider shall pay the Town all fees as hereinafter being required and at the times herein specified before being entitled to recording of a Plat or Certified Survey Map.

10.02 PRELIMINARY PLAT REVIEW FEE

The subdivider shall pay a fee of One Hundred Fifty Dollars ($150.00) to the Town Treasurer at the time of first application for approval of any preliminary subdivision or Town plats to assist in defraying the cost of review.

A reapplication fee amounting to $25.00 shall be paid to the Town Treasurer at the time of reapplication for approval of any preliminary plat which has previously been reviewed.

10.03 IMPROVEMENT REVIEW FEE

The subdivider shall pay a fee equal to one (1) percent of the cost of the required public improvements as estimated by the Town Engineer at the time of the submission of improvement plans and specifications to partially cover the cost to the Town of checking and reviewing such plans and specifications.

The fee may be recomputed, upon demand of the subdivider or Town Engineer, after completion of improvement construction in accordance with the actual costs of such improvements and the difference, if any, shall be paid by or remitted to the subdivider. Evidence of cost shall be in such detail and form as required by the Town Engineer.

10.04 INSPECTION FEE

The subdivider shall pay a fee equal to the actual costs to the Town for such inspection as the Town Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Town or any other governmental authority.

10.05 FINAL REVIEW FEE

(1) The subdivider shall pay a fee amounting to $250.00 for each Town Plat or Subdivision Plat to the Town Treasurer at the time of first application for final plat approval of said plat to assist in defraying the cost of review.

(2) The subdivider shall pay a fee amounting to one hundred dollars ($100) for each certified survey land division map to the Town Treasurer at the time of first application for final approval of said map to assist in defraying the cost of review.

(3) A reapplication fee amounting to $10.00 shall be paid to the Town Treasurer at the time of a reapplication for approval of any final plat or certified survey map which has previously been reviewed.

10.06 PUBLIC SITE FEE

If the subdivision or minor land division does not contain lands to be dedicated to the public or providing for private parklands as required in Sections 2.03 and 7.09, the Town Plan Commission shall require a fee for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision or minor land division. Said fee shall be paid to the Town Treasurer at the time of first application for approval of a final plat of said subdivision or of a minor land division in the amount of $1,000.00 for each potential dwelling unit within the final plat or minor land division.

Public site fees shall be placed in a nonlapsing special fund for Town park and open space purpose and to be used only for the acquisition and development of park and open space sites which will serve the proposed subdivision or minor land division. Said special fund shall be established on the basis of the individual service area of existing or proposed park facilities. These fees may be waived at the discretion of the Town Board.

10.07 ENGINEERING FEE

The subdivider shall pay a fee equal to the actual cost to the Town for all engineering work, incurred by the Town in connection with the plat. Engineering work shall include the preparation of construction plans and standard specifications. The Town Engineer may permit the subdivider to furnish all, some or part of the required construction plans and specifications, in which case no engineering fees shall be levied for such plans and specifications. Inspection, checking and reviewing of work by the Town Engineer requires fees as provided in Sections 10.03 and 10.04 of this code.

10.08 LEGAL FEE

The subdivider shall pay a fee equal to the cost of any legal work which may be undertaken by the Town in connection with the Plat. Legal work shall include, without limitation, the drafting of contracts between the town and the subdivider, review of any documents required to be submitted under this code, and any actions or proceedings to enforce this code, together with expenses and disbursements

SECTION 11.00 DEFINITIONS

11.01 GENERAL DEFINITIONS

For the purposes of this code, the following definitions shall be used. Words used in the present tense include the future; the singular includes the plural; and the plural includes the singular. The word "shall" is mandatory and directory and the word "may" is permissive.

11.02 SPECIFIC WORDS AND PHRASES

a. Alley. A special public way affording only secondary access to abutting properties.

b. Arterial Street. A street used, or intended to be used primarily for fast or heavy inter-neighborhood or inter-community, through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highways and parkways.

c. Building Line. Lines generally parallel to a lot line and at a distance from the lot line as specified in the Town or County Zoning Ordinance and which delineates the buildable area of the lot or parcel.

d. Collector Street. An urban street used, or intended to be used, to carry traffic from minor streets to arterial street systems including the principal entrance streets to urban residential subdivision.

e. Community. A Town, incorporated municipality, or a group of adjacent Towns and/or incorporated municipalities having common social, economic or physical interests or characteristics.

f. Comprehensive Plan. An extensively-developed plan, also called a master plan, adopted by the Town Plan Commission and certified to the department concerning transportation, urban redevelopment, utilities and public transportation, facilities. Devices for the implementation of these plans, such as zoning, official map, land division, and building line ordinances and capital improvement programs may also be considered a part of the comprehensive plan.

g. County Land Use Department. The agency of County government in Ozaukee County having subdivision plat review and approval coordination authority.

h. Cul-de-Sac Street. A minor street closed at one end with a turn-around provided for vehicles.

i. Development (Urban). Residential, commercial, industrial, governmental and institutional development in sufficient concentrations or densities to require a variety and high level of traditional urban services and facilities including, but not limited to: Full or part-time municipal police and fire protection, and community administration; additional public streets and highways; neighborhood parks and playgrounds; neighborhood schools; local libraries; public sanitary sewer facilities, public water supply facilities, and public solid waste removal; storm sewers; mass transit facilities; continual street maintenance; curbs, gutters, and sidewalks; street lighting; and neighborhood convenience shopping. Such development may be expected to alter or require the altering of land and land cover and have detrimental impact on the ground and surface waters. Historically, in southeastern Wisconsin, urban development occurs when residential development is concentrated in densities in excess of 0.2 dwelling units per gross acre (or one dwelling unit per five acres).

j. Development (Rural). Agricultural, residential, recreational and other open space development at such concentrations and densities not requiring traditional urban services and facilities. Historically, in southeastern Wisconsin, when residential development densities are less than 0.2 dwelling units per gross acre (or one dwelling unit per five acres) such traditional urban services are not required. Such rural development may be expected to result in minimum disturbance of the land and land cover, and therefore, less impact on the natural environment.

k. Extraterritorial Plat Approval Jurisdiction. The unincorporated area within one-and-one-half (1-1/2) miles of a fourth class City or a Village (Village of Saukville, Grafton or Mequon) and within three (3) miles of all Cities (City of Cedarburg or Port Washington) which have established a subdivision control ordinance pursuant to Section 62.23 of the Wisconsin Statutes.

l. Face of Curb. The vertical portion of the curb facing the pavement on a nonmountable curb. On mountable curbs, the curb face is computed to be at a point seven (7) inches from the outside edge of the curb.

m. Floodlands. Those lands, including the floodplains, floodways, and channels, subject to inundation by the 100-year recurrence interval flood or, where such data is not available, the maximum flood of record.

n. Frontage Street. A minor street auxiliary to and located adjacent to an arterial street and used to control access to the arterial street and to provide access and service to the abutting properties.

o. High Water Elevation. The average annual high water level of a pond, stream, lake, flowage, or wetland referred to an established datum plane or, where such elevation is not available, the elevation of the line up to which the presence of the water is so frequent as to leave a distinctive mark by erosion, change in, or destruction of, vegetation or other easily recognized topographic, geologic, or vegetative characteristic.

p. High Ground Water Elevation. The highest elevation to which subsurface water rises. This may be evidenced by the actual presence of water during wet periods of the year, or by soil mottling during drier periods. "Mottling" is a variation of soil colors. In soils with restricted internal drainage, gray, yellow, red and brown colors are intermingled giving a multi-colored effect.

q. Letter of Credit. An irrevocable letter of credit constituting an engagement by a commercial bank made at the request of the subdivider whereby the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the credit.

r. Lot. A parcel of land, whether acquired by one or more conveyances, having frontage on a public 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 the Town or County Zoning Ordinance or this and other Town codes and Ordinances.

s. Lot, Corner. A lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

t. Lot, Double Frontage. A lot which has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. Both street lines on a double-frontage lot shall be deemed front lot lines but in the case of two or more contiguous double-frontage lots, there shall be a common front lot line.

u. Minor Street. A street used, or intended to be used, primarily for access to abutting properties.

v. Land Division. Any division of land, whether acquired by one or more conveyances, not defined as a "subdivision." A land division can be either a major or minor land division.

1. Major land divisions include all land divisions except minor land divisions.

2. Minor land divisions include the division of land by the owner or subdivider resulting in the creation of two (2) but not more than four (4) parcels or building sites, any one of which is forty (40) acres or less in size; or the division of a block, lot or outlot within a recorded subdivision plat into not more than four (4) parcels or building sites without changing the exterior boundaries of said block, lot or outlot. Such minor land divisions shall be made by a Certified Survey Map.

w. Municipality. An incorporated Village or City.

x. National Map Accuracy Standards. Standards governing the horizontal and vertical accuracy of topographic maps and specifying the means for testing and determining such accuracy, endorsed by all federal agencies having surveying and mapping functions and responsibilities. These standards having been fully reproduced in Appendix D of SEWRPC Technical Report No. 7, Horizontal and Vertical Survey Control in Southeastern Wisconsin.

y. Navigable Stream. Any stream capable of floating any boat, skiff, or canoe, of the shallowest draft used for recreational purposes at any one time of the year.

z. Outlot. A parcel of land, other than a lot or block, so designated on the plat, but generally not of standard lot size, which can be either redivided into lots or combined with one or more other adjacent outlots or lots in adjacent subdivisions or minor subdivisions in the future for the purpose of creating buildable lots.

aa. Preliminary Plan. A map showing the salient features of a proposed subdivision or major or minor land division submitted to an approving authority for purposes of preliminary consideration.

bb. Public Way. Any public road, street, highway, walkway, drainageway, or part thereof.

cc. Replat. The changing of the boundaries of a recorded subdivision or Town Plat or part thereof.

dd. Shorelands. Those lands, in the unincorporated areas of Ozaukee County, lying within the following distances: 11,000 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.

ee. Soil Map. Soil type, slope, and erosion factor boundaries as shown on the operational soil survey maps prepared by the U.S. Soil Conservation Service.

ff. Subdivider. Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, major or minor land division or replat.

gg. Subdivision. 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:

(1) The act of division creates 5 or more parcels or building sites of 1 1/2 acres each or less in area; or

(2) 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 5 years.

hh. Surety Bond. A bond guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled by the subdivider.

ii. Net Acre. For all lots one acre or less, lot size restrictions shall apply to net acre remaining after excluding any land subject to an easement for a public or private roadway; and excluding any land within the highwater mark of a pond, lake, waterway or wetland. For all lots of more than (1) acre, such lots shall contain not less than 40,000 square feet of land which is at an elevation at least two (2) feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five (5) feet above the maximum flood of record.

ii. Wetlands. Those lands which are partially or wholly covered by marshland flora and generally covered with shallow standing water or lands which are wet and spongy due to a high water table.

jj. Wisconsin Administrative Code. The rules of administrative agencies having rulemaking authority in Wisconsin, published in a looseleaf, continual revision system as directed by Section 35.93 and Chapter 227 of the Wisconsin Statutes, including subsequent amendments to those rules.

SECTION 12.00 ADOPTION AND EFFECTIVE DATE

12.01 VILLAGE POWERS

The electors of the Town of Grafton, Ozaukee County, Wisconsin authorize the Town Board to exercise all powers relating to villages and conferred on villages by Chapter 61 of the Wisconsin Statutes at an annual meeting held on April 4, 1978.

12.02 PLAN COMMISSION RECOMMENDATION

The Plan Commission of the Town of Grafton recommended the adoption of this Ordinance at a meeting held on the 31st day of December, 1990.

12.03 TOWN BOARD APPROVAL AND PUBLIC HEARING

The Town Board of Supervisors held a Public Hearing and concurred the recommendations of the Town Plan Commission and proceeded to adopt the Land Division Code at a meeting held on the 13th day of February, 1991.

12.04 EFFECTIVE DATE

This Ordinance shall take effect upon adoption by the Town Board of Supervisors and the filing of proof of publication or posting in the office of the Town Clerk.

Date of Publication or Posting: March 4, 1991

Effective Date: March 5, 1991

___________________________________

Town Board Chairman

Attested:

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Town Clerk

S:\CASES\G\GRAFTON\LAND.DIV\CODE\CURRENT\CODE0113.95

TOWN of GRAFTON LAND DIVISION CODE

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