Chapter 90 Land Division

[HISTORY: Adopted by the Village Board of the Village of Holmen 1-28-1998. Amendments noted where applicable.]

§ 90-1.  Disclaimer.

1. All persons reviewing the provisions of this chapter should be aware that no land division may be made unless all required approvals have been given.
2. No statement or actions by any official, employee or agent of the Village of Holmen should be construed or taken as a binding act of the village except a resolution, motion or ordinance which has been adopted by the Village of Holmen Village Board at a lawfully conducted Village Board meeting. This includes, but is not limited to, interpretation of this chapter.
3. The Village of Holmen expressly states that it has no responsibility whatsoever for assuring that land and/or buildings sold in the village are in compliance with any ordinances, regulations or rules. The village also assumes no responsibility for the suitability of any property whose subdivision has been approved by the Village Board.

§ 90-2.  Introduction.

1. Title. This chapter shall be known as the “Land Division Ordinance of the Village of Holmen” and will be referred to in this chapter as “this chapter” or “this ordinance.”
2. Authority. These regulations are adopted under the authority granted by Section 236.45 of the Wisconsin State Statutes.
3. Purpose. The purpose of this chapter is to regulate and control the division of land within the corporate limits of the Village of Holmen in order to promote the public health, safety and general welfare of the community.
4. Intent. The intent of this chapter is to promote the public health, safety, convenience and general welfare of the community. The regulations are designed to lessen congestion in the highways and streets; to foster the orderly layout and use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to discourage overcrowding of the land; to protect the community’s agriculture base; to facilitate adequate provision for transportation, public water and sewerage, schools, parks, playgrounds and other public necessities; and to facilitate the further division of large tracts of land into smaller parcels. The regulations are made with the reasonable consideration of, but not limited to, the present character of the village and its environs, with the objectives of conserving the value of the land and improvements placed thereon, providing the most appropriate environment for human habitation, protecting farming and open spaces, and providing for the most appropriate use of land in the Village of Holmen.
5. Abrogation and greater restrictions. This chapter shall not be construed to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to laws. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.
6. Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or La Crosse County Ordinances.

§ 90-3.  Definitions.
In this chapter the following words and phrases shall have the designated meaning unless a different meaning is expressly provided or the context clearly indicates a different meaning:

BOARD — The Village Board of the Village of Holmen.

CERTIFIED SURVEY MAP — A map of land division, not a subdivision, prepared in accordance with Section 236.34 of the Wisconsin Statutes and in full compliance with the applicable provision of this chapter. A certified survey map has the same legal force and effect as a subdivision map.

CLERK — The Village of Holmen Clerk.

COMPREHENSIVE DEVELOPMENT PLAN — A total site plan of an area of land 80 acres or more in size all under the control of a developer(s) at the time of submission for review. Such a plan shall specify and clearly illustrate the location, relationship, and nature of all primary and secondary uses, public and private easements, public and private roads, pedestrian paths, utilities and common open space. [1]

COPY — A true and accurate copy of all sheets of the original subdivision plat.

DIVIDE — To convey, record, survey, parcel, split or in any other manner alter an interest in real property so as to cause a parcel of land to be allotted, allocated, severed, split or rendered into smaller parcels of land.

GREENWAY — An open area of land, the primary purpose of which is to carry stormwater on the ground surface in lieu of an enclosed storm sewer. Greenways may serve multiple purposes in addition to their principal use including but not limited to, vehicular, bicycle, and pedestrian traffic, sanitary sewers, water mains, storm sewers, stormwater retention basin, park development and other related uses.

LAND DIVISION — A division of a parcel of land which is not a subdivision and which creates less than two lots, parcels or building sites of 38 acres each or less in area, regardless of whether the act of division also creates one or more lots, parcels or building sites on 38 acres or more.

LAND(S) — Any real estate or interest in real estate.

LOT — A land area of 38 acres or less.

MASTER PLAN — A plan for guiding and shaping the growth or development of a community or area which has been adopted by a governmental unit and whose preparation is authorized by Section 59.69, 62.23, 66.945 or 236.46 of Wisconsin Statutes. [2]

OFFICIAL MAP — A map indicating the location, width, extent of the existing and proposed street, highway, parkways, parks and playgrounds as adopted and amended by the Village Board pursuant to Section 62.23(6) of the Wisconsin Statutes. [3]

OUTLOT — A parcel of land, other than a lot, building site, or block, so designated on the plat or certified survey map.

PARCEL — Contiguous lands under the control of a subdivider or subdividers not separated by streets, highway or railroad rights-of-way.

PLANNING COMMISSION — The Village of Holmen Planning Commission.

PLAT — A map of a subdivision prepared in conformity to the requirements of Ch. 236, Wis. Stats.

PRELIMINARY PLAT — A map showing the salient features of a proposed subdivision or land division, as described in § 90-5, submitted to the village for purposes of preliminary consideration, prior to all final plats and, when required, prior to all land divisions.

PUBLIC WAY — Any public road, street, highway, walkway, drainageway, or part thereof.

REPLAT — Process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or a part thereof. The division of a block, lot or outlot within a recorded subdivision plat without changing the exterior boundaries of said block, lot or outlot is not a replat but a land division.

RESIDENTIAL DWELLING UNIT — A single-family dwelling or the part of a duplex, apartment, or other multiple-family dwelling occupied by one family.

SHORELAND — Any land lying within 75 feet of the ordinary high-water mark of a navigable waterway.

STREET, ROAD or HIGHWAY — A public way for pedestrian and vehicular traffic whether designated as a street, highway, road, lane, way, avenue or however otherwise designated.

1. ARTERIAL STREETS AND HIGHWAYS — Those streets which provide rapid movement of concentrated volumes of traffic over relatively long distances. They provide principally for movement of persons and goods between high activity area.
   1. PRINCIPAL ARTERIALS — Those streets serving the major interstate corridors and corridors which connect major cities and regions. These routes provide the highest level of mobility and form a continuous system with constant operating conditions under a high degree of access control.
   2. PRIMARY ARTERIALS — Those streets serving long trips between important cities and the major intracommunity corridors within the metropolitan area. These routes provide for a high degree of mobility under a high degree of access control.
   3. STANDARD ARTERIALS — Streets which more commonly provide for intermediate length trips, thus serving through traffic movement in trade areas, or feeding traffic to the primary and principal arterials from lower activity area not served by such routes.
2. COLLECTOR STREETS — Those streets which provide moderate speed movement of persons and goods within large areas. They are basically local streets which usually, because of more directness of routing and higher capacity than other local streets, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
   1. HIGH COLLECTOR STREETS — Those streets which perform a semi-arterial function as well as serving as distribution and land access streets.
   2. LOW COLLECTOR STREETS — Those streets which perform the function of gathering and distributing traffic from and to the local streets and adjacent lands.
3. LOCAL STREETS — Those streets which are designed for low speeds and volumes and are to provide access from low-generation land activities to the collector and arterial systems.
4. MARGINAL ACCESS STREETS — Those streets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
5. ALLEYS — Streets which provide secondary means of access for vehicular services to the back or side of property otherwise abutting a street.
6. CUL-DE-SAC — Streets closed at one end with turnarounds.
7. DEAD-END STREETS — Streets closed at one end without turnarounds.

STRUCTURE — Anything which has the capacity to contain, be used for the occupation or shelter of man or animal or for the storage, receiving, retaining or confining of personal property, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground. The term does not include the facilities and appurtenances of public utilities other than buildings.

SUBDIVIDER — Any person, firm, corporation, partnership or other entity which divides or proposes to divide land in any manner which results in a land division or subdivision.

SUBDIVISION —  A division of a parcel of land where the act of division creates either:

1. Two or more lots, parcels or building sites of 38 acres each or less in area; or
2. Two or more lots, parcels or building sites of 38 acres each or less in area by successive divisions within a period of five years with the exception if less than five lots, parcels or building sites of 38 acres or less in area are being created adjacent to an existing subdivision they may be divided under certified survey rules.

TREASURER — The Village of Holmen Treasurer.

UTILITY EASEMENT — An easement to place, replace, maintain or move utility facilities.

VILLAGE — The Village of Holmen, La Crosse County, Wisconsin.

WETLAND — Real estate which has been delineated as a wetland by the official wetland boundary maps of La Crosse County or the Wisconsin Department of Natural Resources.

§ 90-4.  General provisions.

1. Jurisdiction. These regulations shall apply to all lands and condominium developments within the Village of Holmen. The provisions of this chapter as they apply to division of tracts of land into less than five parcels shall not apply to:
   1. Transfers of interests in land by will or pursuant to court order;
   2. Leases for a term not to exceed 10 years, mortgages or easements;
   3. The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum size as is required by village ordinance, or Chapter 236 of the Wisconsin Statutes or any other applicable laws or ordinances.
2. Compliance. No person, firm, corporation, partnership, or legal entity of any kind shall divide any land located within the Village of Holmen which results in a land division, subdivision, or replat as defined herein, no such land division, subdivision or replat shall be entitled to record, and no street, highway or road shall be laid out or improvements made to land without compliance with all requirements of this chapter and with all of the following:
   1. The provisions of Chapter 236 of the Wisconsin Statutes regarding platting lands;
   2. The rules of the Wisconsin Department of Commerce 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;
   3. The rules of the Wisconsin Department of Transportation and the La Crosse County 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 or county trunk highway, respectively, or a connecting street, including, but not limited to, minimum width regulations.
   4. All applicable village master plans, as adopted under Section 62.23 of the Wisconsin Statutes, zoning ordinances, official maps, and any other ordinances and regulations.
3. Improvements.
   1. Development agreement. Before any final plat or certified survey map is approved, the subdivider shall enter into a development agreement with the village wherein the subdivider agrees to install all required improvements within 18 months of the date that the plat or certified survey map is recorded. The Village Board may allow phased construction of plats.
   2. Security required. At the time the development agreement is executed, the subdivider shall file a bond, certificate of deposit, irrevocable letter of credit, or certified check, in such form as is acceptable to the Board and approved by the Village Attorney, with the village in an amount equal to 125% of the estimated cost of the required improvements as determined by the Village Engineer. Such deposit shall guarantee that such improvements will be completed according to village specifications by the subdivider or its contractors not later than 18 months from the date that the plat is recorded or, where staging is permitted, that each stage will be completed by the date specified in the installation and completion schedule. Such security shall be held by the village and either released or used in the manner specified in § 90-12. The provision of security by the subdivider shall not release the developer from its obligations under the development agreement nor prejudice the right of the village to recover the full cost of completion of the improvements if the subdivider fails to complete the same.
   3. Governmental units. The State of Wisconsin or La Crosse County may file a resolution duly adopted by such governmental unit agreeing to comply with the provisions of this section.
   4. Construction in phases. The subdivider may elect, with the approval of the Village Board, to install the improvements in phases, provided that:
      1. The phases are specified in the agreement for land division requirements.
      2. Improvements constructed during the first and each subsequent stage of construction shall not have any building permits issued until they have been accepted by the village.
      3. The developer shall record deed restrictions reviewed by the village (or its designated representative) which specify that the lots included in future construction phases shall not be conveyed, transferred or sold unless the village’s approval is obtained.
      4. Erosion control plans and measures submitted and approved shall address the erosion problems posed by the construction of the project in phases.
4. Reservation and dedication of land.
   1. Public ways. Whenever a tract of land to be divided or subdivided abuts, includes or is adjacent to all or any part of a street, an arterial street, drainageway or other public way which has been designated in any applicable master plan or official map, said public way or street shall be incorporated into the plat and dedicated to the public or to the village by the subdivider in the locations and dimensions indicated on said plan or map.
   2. Public sites and open spaces.
      1. In designing a land division or subdivision, due consideration shall be given by the developer to the reservation of suitable sites of adequate area for future drainageways, parks, playgrounds, pedestrian and bike paths, and other public purposes. In the location of such facilities, consideration shall be given to the protection and preservation of scenic and historic sites, stands of fine trees, marshes, lakes and ponds, water courses, watersheds, wetlands, wildlife habitat and ravines.
      2. All land divisions and subdivision shall be required to dedicate developable land to the village for park, school or other public uses, other than streets or drainageways, at a rate of 0.04 acres (1,742 square feet) per dwelling unit. Whenever a proposed playground, park, or other public area, other than streets or drainageways, designated in the Master Plan or Master Plan component of the Village of Holmen is embraced, all or in part, in the tract of land to be subdivided, these lands shall be made part of the required land dedication. The Village Board, upon the recommendations of the Planning Commission, shall have sole authority to determine the suitability and adequacy of park lands proposed for dedication. Drainageways, wetlands or areas reserved for streets shall not be considered as satisfying land dedication requirements.
      3. Development of parkland. [Amended 6-9-2005 by Ord. No. 3.05; 11-9-2006 by Ord. No. 8.06]
         1. When parklands are dedicated, the subdivider is required to:
            1. Properly grade and contour for proper drainage.
            2. Provide surface contour suitable for anticipated use of the area.
            3. Cover areas to be seeded with a minimum of six inches of quality topsoil, seed as specified by the Village Engineer, fertilized with 16-6-6 at a rate of seven pounds per 1,000 square feet and mulched. The topsoil furnished for the park site shall consist of the natural loam, silt loam, silty clay, loam or clay loam humus bearing soils adapted to the substance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one year following issuance of the first building permit within that land division unless otherwise authorized by the Village Engineer. The improved area shall not be deemed officially accepted until a uniform grass cover to a two-inch height has been established. It shall be the responsibility of the subdivider to maintain the area until the Village accepts the dedication.
            4. Construct sidewalk on all frontage streets of dedicated parkland. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Village Engineer.[4]
         2. Parks.
            1. A neighborhood park area shall be provided by the subdivider with a standard residential water service unless located directly adjacent to a fire hydrant. A neighborhood park area shall be provided by the subdivider with a minimum of one swingset (two regular swings, two infant swings, one handicap swing), one playscape, two slides of various design (may be included with playscape), one shelter (minimum size equal to 825 square feet) construction on concrete pad, one basketball court (minimum size of 40 feet by 40 feet, blacktop surface with markings), including pole, backboard, hoop and net. A tennis court (minimum area of 120 feet by 60 feet), including surface, markings and nets, soccer field (including goals and markers), football field (including goals and markers), baseball field (including bases and backstop) or other park facility or amenity may be required in addition to or substituted for one of the required items above. The Village Board reserves the right to require additional amenities such as electrical service, lighting, water fountains, fencing, bleachers, benches, shade structures or other amenities as it may deem necessary. The Village Board reserves the right to waive any of the parkland development requirements as stated herein, applying the principle of proportionality where appropriate. The Village Board reserves the right to approve the design and specifications of all amenities prior to construction.
            2. A community park area shall be provided by the developer with a minimum six-inch water service or at least one fire hydrant and at least one four-inch sanitary sewer lateral, all located at the street property line. A community park area shall be provided by the subdivider with a minimum of one swingset (four regular swings, two infant swings, one handicap swing), two playscapes, two slides of various design (may be included with playscape), one enclosed shelter (minimum size equal to 1,000 square feet) construction on concrete pad, one basketball court (minimum size of 70 feet by 40 feet, blacktop surface with markings), including pole, backboard, hoop and net at each end. A tennis court (minimum area of 120 feet by 60 feet), including surface, markings and nets, soccer field (including goals and markers), football field (including goals and markers), baseball field (including bases and backstop) or other park facility or amenity may be required in addition to the required items above. The Village Board reserves the right to require additional amenities such as electrical service, lighting, water fountains, fencing, bleachers, benches, shade structures or other amenities as it may deem necessary. The Village Board reserves the right to waive any of the parkland development requirements as stated herein, applying the principle of proportionality where appropriate. The Village Board reserves the right to approve the design and specifications of all amenities prior to construction.
         3. The Village Board may require certification of compliance by Village officials. The cost of such report shall be paid by the subdivider.
         4. Development of parkland is to be completed as soon as 20% of the planned lots in the subdivision are sold or developed, as determined by the Village Board.
      4. Upon petition by the subdivider, should Village officials agree that a cash contribution would better serve the public interest, the Board may accept a cash contribution in lieu of parkland dedication in an amount negotiated with subdivider and documented in the subdivider’s agreement. The Village Board reserves the right to deny any and all petitions for cash contribution in lieu of parkland dedication. [Amended 10-9-2003 by Ord. No. 6.03; 11-9-2006 by Ord. No. 8.06]
      5. The Village shall place any fee collected pursuant to the provisions of this section in a fund which may be used for any park purpose, including land acquisition and development of adequate park, playground, school, recreation and open space to meet the needs created by the land division, subdivision or other development. These funds would not fall under the restrictive provisions that would apply to any impact fees as imposed under Chapter 76, Impact Fees. [Amended 10-14-2004 by Ord. No. 7.04; 11-9-2006 by Ord. No. 8.06[5]]
5. Survey monuments. Before final approval of any plat or certified survey map within the corporate limits of the village, the subdivider shall install survey monuments placed in accordance with the requirements of Section 236.15 of the Wisconsin Statutes and as may be required by the Village Engineer. The Village Board may allow deferral of installation of monuments otherwise required under Section 236.15(1)(b), (c) and (d), for a period not to exceed three years on condition that the subdivider execute a surety bond to ensure the placing of such monuments within the time required. [Amended 10-12-2000 by Ord. No. 1.00]
6. Land suitability. No land shall be subdivided which is deemed by the Village Board, with the advice of the Planning Commission, to be not readily developable. The Village may determine, subject to the provisions of Ch. 236, that lands should not be platted for the reason that the land is zoned improperly, has unsuitable soils, is located on slopes in excess of 12%, is located in a floodplain, shoreland or wetland, or is proposed to be used in a manner contrary to the land use plan of the Village. It is the intent of the Village that paramount consideration be given to the need to preserve prime agricultural land, particularly land which has been zoned exclusive agricultural. Consideration should also be given to adjacent land uses which will be affected by the proposed plat. [Amended 11-9-2006 by Ord. No. 8.06]
7. Violations. It shall be unlawful to build upon, divide, convey, record or monument or extract minerals from any land in violation of this chapter or of the Wisconsin Statutes; and no person, partnership, firm, corporation, or entity of any sort shall be issued a building permit by the Village of Holmen, authorizing the building on, or improvement of, any land division, subdivision or replat within the jurisdiction of this chapter not of record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully met. The village may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes. The village may issue citations for violations of the provisions of this chapter.
8. Penalties. Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000 plus all applicable assessments and the costs of prosecution of each violation. Each day a violation exists or continues shall constitute a separate offense.
9. Appeals.
   1. If the Village Planning Commission was acting at the request of the Village Board, the following decisions of the Planning Commission may be appealed to the Village Board:
      1. Rejection of a preliminary plat;
      2. Rejection of a final plat;
      3. Rejection of a certified survey map;
      4. Requirement of a preliminary plat in connection with a land division;
      5. Determination that land is unsuitable for subdivision.
   2. A written notice of appeal must be filed with the Clerk within 14 calendar days of the date when notice of the action of the Planning Commission appealed from is mailed to the subdivider.
   3. The notice of appeal shall state the action of the Planning Commission appealed from, shall specify the reasons stated by the Planning Commission for taking such actions, shall specify the reasons why the subdivider believes said action was inappropriate, and shall state the names and addresses of the owners of all properties adjacent to the proposed land division or subdivision.
   4. The Clerk shall file the notice of appeal with the Board and shall schedule the appeal for consideration by the Board at a meeting, open to the public, within 45 days of the filing of the notice of appeal. The Clerk shall send notice of the time scheduled for the consideration of the appeal to the subdivider and to all property owners adjacent to the proposed land division or subdivision at least 10 days prior to the hearing of the appeal.
   5. Within 30 days of the appeal hearing, the Board shall affirm, modify, or reverse the action of the Planning Commission or shall refer the matter back to the Planning Commission for further consideration. Notice of the decision of the Board shall be sent to the subdivider and the Planning Commission.
   6. The provisions of Chapter 68 of the Wisconsin Statutes shall not be applicable to any determination made pursuant to the provisions of this chapter.
   7. Any person aggrieved by an objection to a plat or a failure to approve a plat may, after review by the Board, appeal therefrom, as provided in Sections 236.13(5) and 62.23(7)(e)10 to 15 of the Wisconsin Statutes.

§ 90-5.  Procedure.

1. Preapplication. It is recommended that, prior to the filing of an application for the approval of a certified survey map or a preliminary plat, the subdivider consult with the Village Board and Planning Commission to obtain its 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, any applicable master plans and plan implementation devices and to otherwise assist the subdivider in planning the development. No such consultations shall in any manner bind the Village Planning Commission or the Village Board to approve a plat, a subdivision or any other land use control. Further, no subdivider may rely upon or cite any advice or information provided by the Village Planning Commission or Village Board as evidence of the official actions of the village.
2. Preliminary plat review.
   1. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a written application for approval. The preliminary plat shall include the entire area owned or controlled by the subdivider even though only a portion thereof is proposed for development at the time. The plat shall be prepared in accordance with this chapter and Ch. 236, Wis. Stats. The subdivider shall file 10 copies of the plat and the application with the Clerk at least 21 days prior to the meeting of the Village Planning Commission at which action is desired. The subdivider shall also submit 10 copies of the subdivision check list. The Village Planning Commission may waive the requirement that the preliminary plat include the entire area owned by the developer where it is unnecessary to fulfill the purpose of the ordinance and undue hardship would result from strict enforcement of this provision. Where a subdivider has control of lands which are equal to or in excess of 80 acres in area, or are smaller parcels separated only by existing public roads, in lieu of a preliminary plat on the entire area, the developer may elect to submit a comprehensive development plan.
   2. The Clerk shall forward five copies of the preliminary plat to the Village Planning Commission which shall examine it for conformity with all ordinances, administrative rules and regulations and for compliance with any applicable village master plan.
   3. The Village Planning Commission shall recommend approval, conditional approval or rejection of the proposed plat to the Village Board. If approval or conditional approval is recommended, the preliminary plat shall be referred to the Board for consideration. The Village Board shall then approve, conditionally approve, or reject the preliminary plat. One copy of the plat shall be returned to the subdivider, the developer’s surveyor, or engineer with the date and action endorsed thereon. If the plat is approved conditionally or rejected, the conditions of approval or reasons for rejection shall be endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Board, failure to complete the action therein required within 90 days of filing of the preliminary plat constitutes an approval of the preliminary plat.
   4. Approval or conditional approval of a preliminary plat entitles the final plat to approval provided the final plat conforms substantially to the preliminary plat, including any conditions of that approval, and conforms to any applicable village plans and applicable ordinances. If the final plat is not submitted within six months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat regardless of prior action taken on the preliminary plat.
3. Final plat review.
   1. The subdivider shall prepare and file six copies of the final plat together with a written application for approval with the Clerk within six months of the approval of the preliminary plat and at least 14 days prior to the meeting of the Village Board at which action is desired.
   2. The Clerk shall forward two copies of the plat to the Village Board and the Planning Commission. The Village Board and Planning Commission shall examine it for conformity with the preliminary plat and any conditions or approval, with the requirements of this chapter, and with the requirements of any other ordinances, statutes, administrative rules and regulations, or local plans which may be applicable to it. The Planning Commission shall recommend to the Village Board approval or rejection. The Planning Commission shall list the conditions or requirements of approval or reasons for rejection.
   3. The Village Board shall approve or shall reject the plat. The Village Board shall indicate the reasons for any rejection of the plat. One copy of the plat shall then be returned to the subdivider, the surveyor, or engineer with the date and action endorsed thereon, and if approved or rejected, the conditions or requirements of approval or reasons for rejection shall be endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Board, failure to complete the action required herein within 60 days of filing the final plat shall constitute an approval of the final plat.
   4. The final plat may, if permitted by the Village Board, include only that portion of the approved preliminary plat which the subdivider proposes to record at this time.
   5. The final plat shall be approved if it conforms substantially to the preliminary plat as approved, including any conditions of that approval, and to any applicable village plans and ordinances. If the final plat is not submitted within six months of the last required approval of the preliminary plat, the Planning Commission may reject the final plat regardless of any prior action on the preliminary plat.
   6. After the final plat has been approved by the Board and the contract and security filed in accordance with § 90-4C(2) hereof, the subdivider shall submit the final plat to the Clerk. The Clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed. The plat shall be returned to the subdivider for recording.
   7. The subdivider shall file a certified copy of the final plat with the Clerk within 10 days after it has been recorded.
4. Land division by certified survey.
   1. A certified survey map which has been approved by the Village Planning Commission and the Village Board, and meets all of the requirements of Section 236.34 of the Wisconsin Statutes and of this chapter, may be utilized to create not more than one new parcel or building site. The Village Board may require a preliminary plat to be filed by a subdivider who is seeking approval of a certified survey map. When required, the preliminary plat must include all lands under the control of the applicant within a parcel up to a maximum area of 40 acres. The land included within the 40 acres shall be defined by quarter-quarter section lines unless indicated otherwise. When a preliminary plat is not required, the certified survey map shall include the entire parcel owned by the subdivider. The Board resolution approving the certified survey map shall be reproduced legibly on the face of the certified survey map. All unpaid or outstanding taxes, assessments and special assessments shall be paid prior to the approval unless determined otherwise by the Village Board.
   2. An applicant for a land division shall file 10 copies of the certified survey map and a written application for approval with the Clerk. An applicant shall submit 10 copies of the certified survey checklist. The certified survey map must be prepared in conformance with the requirements of this chapter.
   3. The Village Board shall within 60 days approve, approve conditionally, or reject the certified survey map based on a determination of conformance with the provisions of this chapter. One copy of the certified survey map shall be returned to the subdivider with the date and action endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Board, failure to complete the action required herein within 60 days of the filing of the map shall constitute an approval of the certified survey map.
   4. After the certified survey map has been approved by the Village Board, the development agreement has been executed and recorded, the security filed in accordance with § 90-4C and any fee imposed pursuant to § 90-4D(2) has been paid, the subdivider shall submit the certified survey map to the Clerk. The Clerk shall cause the certificate inscribed upon the map attesting to such approval to be duly executed. The certified survey map shall be returned to the subdivider for recording.
   5. The subdivider shall record the certified survey map with the Register of Deeds for La Crosse County after it has been approved, and shall file a certified copy of the recorded map with the Clerk within 10 days after the certified survey map is recorded.

§ 90-6.  Preliminary plat.

1. General. A preliminary plat shall be required for all subdivisions and shall be based on a survey by a land surveyor registered in this state. The plat map shall be prepared in conformance with the requirements of Ch. 236, Wis. Stats., the La Crosse County Subdivision Ordinance, applicable surveying standards and other applicable legal requirements.
2. Street plans and profiles. The subdivider shall provide road and street plans and profiles showing existing ground surfaces, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. All elevations shall be based upon USGS data, and plans and profiles shall be approved by the Village Board, with the advice of the Village Engineer. Street plans shall conform in all respects to applicable zoning ordinances, the Village Master Plan, and the road standards of the Wisconsin Department of Transportation.
3. Covenants. The Village Board shall require submission of a draft of all prospective covenants which the subdivider intends to regulate land use in the proposed subdivision and otherwise protect proposed development. No covenant may be recorded without the prior approval of the Village Board. Commercial plats shall contain standard drainage, public utility, street maintenance and construction erosion control covenants in a form prescribed by the village.
4. Affidavit. The surveyor preparing the preliminary plat shall certify on the face of the plat that he has fully complied with the provisions of this chapter.

§ 90-7.  Final plat.

1. General. A final plat prepared by a land surveyor registered in this state shall be required for all subdivisions. It shall comply in all respects with the requirements of this chapter and Section 236.20 of the Wisconsin Statutes.
2. Information required. The final plat shall show, correctly and on its face, in addition to the information required by Section 236.20 of the Wisconsin Statutes and § 90-6 hereof, the following:
   1. All land reserved for future public acquisition or reserved for the common use of property owners within the plat.
   2. Special restrictions required by the Village Board relating to access control along public ways or to the provisions of planting strips.
3. Procedure. If the preliminary plat has been approved or been approved conditionally, the subdivider may submit two copies of the final plat. All improvements required by this chapter shall be made or guaranteed in the manner described in this chapter. If the final plat meets the requirements of this chapter, and has been submitted within six months from the approval date of the preliminary plat and the conditions have been met in the case of preliminary plat given conditional approval, the village shall approve the final plat of the subdivision within 60 days from the date officially submitted to the Village Clerk.
4. Deed restriction. The Village Board shall require that restrictive covenants or deed restrictions be filed with the final plat.
5. Surveying and monuments. All final plats shall meet all the surveying and monuments requirements of Section 236.15 of the Wisconsin Statutes.
6. 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/she has fully complied with all the provisions of this chapter.

§ 90-8.  Certified survey map.

1. General. A certified survey map prepared by a surveyor registered in this state shall be required for all land divisions. It shall comply in all respects with the requirements of Section 236.34 of the Wisconsin Statutes and this chapter.
2. Information required. A sketch showing the present zoning and any proposed zoning change for the land division and all adjacent lands shall be submitted along with the map. The map itself shall show correctly on its face, in addition to the information required by Section 236.34 of the Wisconsin Statutes, the following:
   1. All existing buildings, watercourses, drainage ditches and other features pertinent to proper division.
   2. All lands reserved for future acquisition.
   3. Date of map.
3. Certificates.
   1. The surveyor shall certify on the face of the map that the surveyor has fully complied with all the provisions of this chapter. The Board shall certify its approval on the face of the map.
   2. A certificate of approval shall be provided legibly on the face of the map.
4. Critical building locations. Any building or structure and its location on the lot shall be dimensioned to the nearest 0.1 foot where the building or structure is to be located within five feet of the proposed property boundaries or the zoning yard requirements, or such other requirement as is consistent with these subdivision regulations.
5. Dedications and improvements required. Any land division effectuated by a certified survey shall be subject to the provisions of § 90-4D concerning the reservation and dedication of land; and, unless a waiver is granted, the provisions of §§ 90-9 and 90-10 concerning required improvements.

§ 90-9.  Design standards.

1. Street arrangement. In any new subdivision the street layout shall conform to the arrangement, width and location indicated on any official map, master plan or component neighborhood development plan of the village. In areas for which 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, and to the most advantageous development of adjoining areas. Each lot of the subdivision or land division shall have access to a public street which is, at a minimum, sufficient to allow ingress and egress of motor vehicles.
   1. Arterial streets 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 connect.
   2. Collector streets 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, shopping centers and other concentrations of population, and to the major streets into which they feed.
   3. Local streets shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.
   4. 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 Village Board, 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. Temporary turnarounds shall be required where the street ends at the boundary of the subdivision. The road right-of-way shall continue to the adjacent lands and connect to roads constructed on such lands if approved by the Village Board.
   5. Arterial and highway protection. Whenever the proposed subdivision contains or is adjacent to a major highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage, with screen plantings contained in a nonaccess reservation along the rear property line, or by the use of frontage streets.
   6. Reserve strips controlling access to roads or highways are prohibited except where control of such strips is placed with the village under conditions approved by the Village Board.
2. Street names and numbering.
   1. Street names shall be assigned in accordance with the provisions of village ordinances.
   2. The following designations shall be used only in the situations indicated:
      1. Lane: a street, one block long, not ending in a cul-de-sac.
      2. Circle: a cul-de-sac of nine lots or more.
      3. Court: a cul-de-sac of eight lots or less.
3. Limited access highway rights-of-way. Whenever the proposed subdivision or land division contains or is adjacent to a limited access highway the design shall provide the following treatment:
   1. In residential districts a buffer strip at least 30 feet of depth, in addition to the normal lot depth required, shall be provided adjacent to a limited access arterial highway or restricted by the right-of-way plat or County Highway Department. As used in this section, the term “buffer strip” means an area of hedges, trees, tall grasses or other foliage which creates a visual screen between two areas. The lot depth required, including such buffer strip, shall not be less than 150 feet. The strip shall be a part of the platted lots, but shall have the following restriction lettered on the face of the plat: “This strip reserved for the planting of trees or shrubs by the owner; the building of structures hereon is prohibited, and the rear 30 feet of the strip shall not be counted as any required yard. Maintenance of this strip is a responsibility of the lot owner.”
   2. Commercial and manufacturing districts shall have, on each side of the limited access highway, streets approximately parallel to and at a suitable distance from such highway for the appropriate use of the land between such highway and street, but not less than 150 feet.[6]
   3. Streets parallel to a limited access highway shall, when intersecting a major street or highway which crosses said highway, be located at a minimum distance of 300 feet from said highway. 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. No local streets intersecting a collector street from opposite direction shall be closer than 300 feet from the right-of-way line.
   4. Location of local streets in residential areas immediately adjacent to arterial streets and highways shall be avoided.
4. Street design standards.
   1. Minimum right-of-way. The minimum right-of-way for all proposed streets and roads shall be 60 feet or such other width as is specified by the Village Master Plan, Official Map, Neighborhood Development Study or Appendix A.[7]
   2. Cul-de-sac streets. Cul-de-sac street ends are prohibited unless authorized by a variance granted by the Village Board. No variance shall be granted unless the Village Board finds, after hearing, that use of cul-de-sac street ends is necessary to overcome limitations imposed by the physical characteristics of the land, so that development may occur which is consistent with the policies stated in this chapter. If the Village Board grants a variance, the cul-de-sac shall conform to the following standards:
      1. Streets designed to have one end permanently closed shall not exceed 600 feet in length.
      2. Streets which are designed to have one end permanently closed shall terminate in a circular turnaround having a minimum right-of-way diameter of 110 feet, and a minimum paved diameter of 80 feet. The reverse curve on a cul-de-sac right-of-way shall have a thirty-foot minimum radius when the bulb is centered on the street and sixty-foot minimum radius when the bulb is offset.
      3. In areas zoned B-1, B-2, Manufacturing or other commercial zones, all streets which are designed to have one end permanently closed, shall terminate in a circular turnaround having a minimum right-of-way of 175 feet, and a minimum paved diameter of 120 feet.
   3. Street grades and radii of curvature. Unless necessitated by exceptional topography and subject to the approval of the Village Engineer, the street grades and radii of curvature shall conform to the Design Standard in Appendix A.[8]
5. Blocks.
   1. The widths, lengths and shapes of blocks shall be suited to the planned use of the land; zoning requirements; stormwater management; need for convenient access, control and safety of street traffic; and the limitations and opportunities of topography.
   2. Blocks in residential areas shall not be less than 500 feet nor more than 1,200 feet in length unless otherwise dictated by exceptional topography or other limiting design factors.[9]
   3. Width. Blocks shall have sufficient width 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 laid out 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.
6. Lots.
   1. The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the buildings contemplated.
   2. No lot may have frontage on streets on two parallel sides nor may a lot be platted so that the building will face the reverse side of the lot. The Village Board may grant a variance from this requirement where necessary, the physical characteristics of the land so require in order to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation.
   3. Residential lots to be served by private sewage disposal facilities shall comply with the rules of the Wisconsin Department of Commerce and La Crosse County Sanitary Code.
   4. Lots must front on and have access to a state or county highway or approved village road. Every lot shall front or abut on a public street or road for a distance of at least 60 feet.
   5. Side lot lines shall be substantially at right angles or radial to street lines.
   6. Lots shall follow municipal boundary lines rather than cross them.
   7. Corner lots shall have sufficient width to permit adequate building setbacks from side streets.
   8. Depth and width of properties reserved or laid out for commercial or industrial use shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
   9. Whenever a tract is subdivided into large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this chapter.
   10. Lands lying between the meander line and the water’s edge and any otherwise unplantable lands which lie between proposed subdivision and the water’s edge shall be included as part of lots, outlots, or public dedications in any plat abutting a lake or stream.
7. Easements.
   1. Lines to be underground in newly platted areas.
      1. All new electric distribution lines (excluding lines of 12,000 volts or more), all new telephone lines from which lots are individually served, all cable television and all other common carrier services installed within a newly platted area shall be underground unless the Village Board shall specifically find after study that:
         1. The placing of such facilities under ground would not be compatible with the planned development;
         2. Location, topography, soil, water table, solid rock, boulders, stands of trees, hedges or other physical conditions would make underground installation unreasonable or impracticable; or
         3. The lots to be served by said facilities can be served directly from existing overhead facilities.
      2. Associated equipment and facilities which are appurtenant to underground electric and communications systems, such as but not limited to substations, pad-mounted transformers, pad-mounted sectionalizing switches and above-grade pedestal-mounted terminal boxes may be located above ground.
   2. Easement conditions. The subdivider shall include appropriate easements on the final plat. Easements shall be for the installation of gas, electric and communication lines. Such easements as shall be noted as “Utility Easements” on the final plat or certified survey map. Prior to approval of the final plat or certified survey map, the concurrence of the electric and communications companies serving the area as to the location and width of the utility easements shall be documented and given to the village.
   3. Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, an adequate drainageway or easement shall be provided as required by the Village Board. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Village Board. Parallel streets or parkways may be required in connection therewith. Wherever possible, the stormwater drainage shall be maintained by landscaped open channels or storm sewers of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, these sizes and design details to be subject to review and approval by the Village Engineer and Village Board. Drainage easements shall substantially maintain existing water flow patterns onto neighboring lands.

§ 90-10.  Required improvements.

1. Streets and street lights. Standard street improvements including street lights shall be installed in accordance with State of Wisconsin Electric Code.
2. Sidewalks, bike lanes and trails. [Amended 8-11-2011 by Ord. No. 4.11]
   1. The subdivider shall pay for the construction of a sidewalk on one side of all frontage streets and both sides of all other streets within the subdivision. Sidewalks will be installed within five years after the final plat is approved. The sidewalks shall be constructed when the principal building on the parcel is built, but not to exceed five years after the final plat is approved. Covenants with the subdivision shall include the requirements for the installation of sidewalks. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Engineer.
   2. Wider than standard sidewalks may be required by the Engineer in the vicinity of schools, commercial area and other places of public assemblage; and the Planning Commission may require the construction of sidewalks in locations other than required under the preceding provisions of this chapter if such walks are necessary, in its opinion, for safe and adequate pedestrian circulation.
   3. A multi-use trail may be used in place of a sidewalk if indicated in an adopted master plan or neighborhood development plan.
   4. Bike lanes are required if and as indicated in an adopted master plan or neighborhood development plan.
3. Central sanitary sewage and private sewage disposal systems.
   1. The subdivider shall pay for the construction of sanitary sewers in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. If central sewer facilities are not available, the subdivider shall make provision for adequate private sewage disposal systems as specified by the village, the Department of Commerce and the County Sanitarian. The sewage disposal systems shall be certified by the County Sanitarian prior to final plat approval. The specified private sewage disposal systems shall include systems utilizing a septic field and may include mound type systems. The Planning Commission shall require the installation of sewer laterals to the street lot line. If, at the time of final platting, sanitary sewer facilities are not available to the plat, but will become available within a period of five years from the date of plat recording, the subdivider shall cause to be installed sanitary sewers and sewer lateral to the street lot line in accordance with this section and shall cap all laterals as may be specified by the Engineer.
   2. The size, type, and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and standard specifications approved by the Engineer.
   3. The subdivider shall assume the cost of installing all sanitary sewers eight inches in diameter or less in size. If greater than eight-inch-diameter sewers are required to handle the contemplated sewage flows, the cost of such larger sewers 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 sewer and the excess cost either borne by the community or assessed against the total tributary drainage area.
4. Stormwater drainage facilities. The subdivider shall pay for the cost to install stormwater drainage facilities, which may include catch basins and inlets, storm sewers, road ditches and open channels, and the cost to install curbs and gutters, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow; the type of facility required, the design criteria and the sizes and grades to be determined by the developer’s engineer. Storm drainage facilities shall be so designed as to present no hazard to life or property; and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and standard specifications approved by the Village Board.
5. Central water supply facilities. The subdivider shall pay for the construction of water mains in such a manner as to make adequate water service and fire protection available to each lot within the subdivision. Any additional oversizing required by the village will be borne by the community. If municipal water service is not available, the subdivider shall make provision for adequate private water systems as specified by the Village Board and the State Department of Natural Resources and the County Sanitarian. The Planning Commission shall require the installation of water laterals to the street lot line. The size, type and installation of all public water mains proposed to be constructed shall be in accordance with plans and standard specifications approved by the Engineer.
6. Other utilities.
   1. The subdivider shall cause gas, electrical power, TV cables and telephone facilities to be installed in such manner as to make adequate service available to each lot in the subdivision. Such electrical or telephone service shall not be located on overhead poles but will be installed underground, unless otherwise authorized by the Village Board pursuant to § 90-9G(1). [Amended 10-12-2000 by Ord. No. 1.00]
   2. 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 utility company.
7. Storm sewer and stormwater drainage facilities. [Amended 8-11-2011 by Ord. No. 4.11]
   1. Storm sewers shall be constructed unless the requirement is waived by the Village Board. The Village Board may waive the requirement only:
      1. If surface stormwater management methods are proposed in a master plan or neighborhood development plan of the Village; or
      2. Upon a showing that the natural drainage pattern of the land being subdivided will be adequate to handle the water flow from the subdivision; and
      3. Upon finding from the Hydraulic and Sedimentation Study for the appropriate watershed that no storm drainage facilities are required.
   2. Ditches or swales shall be constructed whenever storm sewers are not required by the Village Board.
      1. Roadside ditches or swales shall not exceed 12% of grade nor have less than a 1% grade.
      2. Ditches shall be restored with four inches topsoil, fertilizing, seeding and mulching in accordance with the current Standard Specifications for Road and Bridge Construction, State of Wisconsin Department of Transportation.
      3. Stormwater facilities intended to provide treatment or infiltration, including swales in the street right-of-way, shall be constructed in accordance with the appropriate State of Wisconsin Department of Natural Resources Conservation Practice Standard.
      4. Where ditches or swales are required, streets shall be constructed in accordance with village standard specifications. The thickness of the pavement shall be determined and prescribed by the Village Engineer in accordance with Appendix A.[10] Any soil subgrade data required by the Village Engineer shall be obtained by the developer’s soils engineer and furnished to the Village Engineer without cost.
8. Partition fences. When the land included in the plat or certified survey map abuts upon or is adjacent to land used for farming or grazing purposes, the Village Board may require the developer to erect, keep and maintain partition fences, satisfying the requirements of the Wisconsin Statutes for a legal and sufficient fence, between such land and the adjacent land. A covenant binding the developer, its grantees, heirs, successors, and assignees to erect and maintain such fences, without cost to the adjoining property owners, so long as the land is used for farming or grazing purposes shall be included upon the face of the final plat or certified survey map. [Amended 10-13-2005 by Ord. No. 7.05]
9. Driveways.
   1. Approval required. No person shall establish or construct a private driveway, road or other access from a private property line to the traveled portion of any public village road without first filing an application and obtaining a driveway permit from the Village Clerk. In the case of a property fronting on a county or state trunk highway, said permit must be obtained through the La Crosse County Highway Department. All driveways shall be constructed at sidewalk grade.
10. Sign costs. The developer shall be responsible for the initial cost of the street/road name signs and traffic control for new streets. The village will order and install the signs after construction of the subdivision streets. The developer will be billed for the cost and installation. Payment will be required prior to issuing any building permits.
11. Waiver.
    1. Where, in the judgment of the Village Board, it would be inappropriate to apply the provisions of this § 90-10 to a land division because extraordinary or undue hardship resulting from the characteristics of the land would result, the Village Board may waive or modify any requirement, other than requirements of state law or the recording of the certified survey map or plat map, and only to the extent a waiver is found to be just and proper.
    2. The Village Board shall grant such relief only where it will not be detrimental to the public good, impair the intent and purpose of this chapter, or impair the desirable general development of the community in accordance with the master plan.
    3. Any subdivider who requests a waiver of a provision of this § 90-10 shall make a written application for a waiver and file the application with the Village Clerk. The Village Board shall hold a public hearing on the application not less than 40 days after it is filed. The Village Clerk shall mail a notice of the hearing to all adjacent landowners. The waiver application shall state the basis for the application and the specific hardship which is claimed to exist.
    4. Any waiver, exception, or variance which is granted pursuant to this section shall be made in writing, shall state the reasons which justified its issuance and shall be filed with the Village Clerk.[11]

§ 90-11.  Required improvements procedure.

1. Plans and construction specifications. Prior to commencing construction of any required improvement, the subdivider shall prepare construction plans and specifications and submit them to the Village Engineer or designee for review and approval. The Village Engineer may require the submission of the following plans and accompanying construction specifications before authorizing construction or installation of the improvements:
   1. Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements.
   2. Stormwater and surface water drainage plans.
   3. Such additional plans or information as may be required by the Village Engineer.
   4. Plans and specification for all utilities and underground facilities.
2. Private contracts. The developer shall engage one general contractor whose qualifications have been approved by the Board for each major phase of construction (grading, utilities, streets) or one general contractor for a contract which includes more than one phase of construction.
3. Scheduling. All scheduling of the contemplated improvements shall be approved by the Village Engineer. Construction may not be commenced on any phase of construction until all approvals and conditional requirements are satisfied and a copy of the private contract has been filed with and approved by the Board. Construction shall not proceed until all State of Wisconsin approvals are granted.
4. Street grading.
   1. The developer shall furnish standard drawings which indicate the existing and proposed grades of streets shown on the plat, and after review of design engineering work on the streets by the Village Engineer and approval of street grades by the Board, the subdivider shall grade or cause to be graded the full width of the right-of-way of the streets proposed to be dedicated, including the vision clearance triangle on corner lots. In those cases where existing street right-of-way is made a part of the subdivider’s plat or abuts the plat, the subdivider shall grade or cause to be graded that portion of the right-of-way between the existing pavement and the property line. The bed for the roadways in the street right-of-way shall be graded to subgrade elevation. The Village Engineer shall inspect the proposed street before grading and approve all grading within the right-of-way. The street grading shall extend for a sufficient distance beyond the right-of-way to ensure that the established grade will be preserved. The grading of rights-of-way for principal and primary arterials shall only be required where necessary to provide access to the streets or lots in the plat.
   2. The developer shall engage a licensed professional engineer to set subbase grade in accordance with approved center line grade and cross section; and to set grades necessary to comply with other grading requirements, including vision clearance on corner lots, center line and lot line grades for greenways, terrace grading for abutting streets and other required grades. The grading program shall consist of the following elements:
      1. The stripping and removal of all topsoil, debris and vegetation within the street right-of-way.
      2. Grading of full street right-of-way to a tolerance of zero to 0.2 feet below proposed center line grade. Fill sections shall be constructed of approved materials, which do not include topsoil, debris, vegetation, etc.
      3. Grading beyond right-of-way to ensure that the established grade will be preserved.
      4. Grading of vision triangles on corner lots shall be done such that no embankment within a vision triangle exists at a height greater than two feet above the highest proposed top of curb elevation adjacent to the lot. The limits of vision triangles shall be as established in code § 195-8F(4). Any objects proposed to be located within such vision triangles must conform with the requirements listed in § 195-8F(4). [Amended 7-13-2006 by Ord. No. 7.06]
      5. Where the public greenway is included in the plat, the developer is responsible for an acceptable continuous drainageway in the greenway as determined by the Village Engineer.
      6. All additional plat grading, where applicable, lot abutting greenways, terraces of streets abutting plats public easements for sanitary sewer and sidewalk, and other requirements of ordinances and special conditions of plat approval. There shall be a plan for disposal of any surplus soil or earth.
5. Utilities.
   1. If the developer elects to install underground utilities and the standard street improvement in the same year, provision must be made for mechanical compaction of all ditches for underground utilities that fall within the street right-of-way.
   2. Prior to commencing construction of any required utilities, the developer shall submit the proposed construction schedule, plans, specifications and contract to the Village Engineer.
6. Greenways. Greenways included within platted or replatted area shall receive the following prescribed treatment by the owner of the subdivision.
   1. The subdivider shall be responsible for an acceptable continuous drainageway through the proposed plat as determined by the Village Engineer. The subdivider shall furnish the Village Engineer a plan outlining the greenway boundaries and location of existing drainageways, if any. In addition, the subdivider shall furnish to the Village Engineer a set of cross-sections (on 50 feet stations) of the greenway oriented upon a base line as prescribed by the Village Engineer. Where a natural drainageway exists which has acceptable hydraulic capacities including alignment and grade as determined by the Village Engineer, construction will not be required and the existing natural growth shall be preserved. When such natural growth is not preserved by action of the subdivider or an acting agent, the subdivider shall be responsible for repairing the disturbed areas by sodding. However, in certain locations, as determined by the Village Engineer, where the hydraulic capacities including alignment and grade are not acceptable, then such alignment, grade and slopes shall be improved by the subdivider to the interim minimum requirements of a ten-foot-wide ditch bottom with four to one side slopes, all to be seeded.
   2. The subdivider shall install permanent pipes, culverts or bridge at a grade designated by the Village Engineer under all streets crossing a greenway or drainageway. Said installation shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Department of Transportation of the State of Wisconsin. All costs of the installation shall be the responsibility of the subdivider. The permanent pipe or culvert shall not be installed prior to the installation of a street crossing a greenway unless done pursuant to written agreement between the Engineer and the subdivider. Culverts required across intersections for temporary street drainage, shall be furnished and installed by the developer at the developer’s expense. All temporary culverts installed by the developer shall be completely removed when the streets are constructed to standards and the area restored to as near to original condition as possible as determined by the Village Engineer.
   3. The Village Engineer shall inspect the property prior to and after the installation of utilities.
   4. All ditching and culvert installation shall be done in strict accordance with grades approved by the Engineer. The subdivider’s engineer shall be responsible for setting all required grades in the field for construction purposes.
   5. In order to assure proper drainage, the ground elevation along any lot line common with the boundary of a greenway shall not be less than four feet above the flowline of the greenway, or where designated to an elevation established by the Engineer, prior to the sale of affected properties. The flowline grade shall be established by the Engineer. All lot grading and building elevations shall provide for positive drainage. Grading or filling within the greenway limit is prohibited except as authorized by the Engineer. The Village Engineer shall inspect all work before it is certified as complete.
7. Street construction.
   1. General. After completion of the underground utilities and approval thereof, the streets shall be constructed.
   2. Standard street improvements.
      1. Standard street improvements may include, in the sole discretion of the Village Board, sidewalks, concrete curb and gutter, and street lights and shall include bituminous base course and bituminous surface course.
      2. The developer shall prepare final plans and specifications for the standard street improvements and submit them, together with all soil subgrade data obtained by its soils engineer, to the Village Engineer.
      3. Upon written approval by the Village Engineer, the developer may proceed to construct the standard street improvements. Standard street improvements shall be installed to the boundary line of the subdivision unless the street culminates in a cul-de-sac, the topography or other physical conditions make it impossible to do so, or unless this requirement is waived, in writing, by the Village Board.
      4. The street/road shall be constructed to village specifications as described in Appendix A.[12]
   3. Inspection of street improvements. The Village Engineer shall inspect all street improvements before the same are accepted by the village.
8. Change orders. When extra work not specified in the contract is required to complete the project, the village will notify the developer or the engineering representative. No extra work shall proceed until the developer or the representative has entered into a written agreement for the additional work.
9. Erosion control. The subdivider shall take all steps necessary to prevent the erosion, siltation, sedimentation, washing and blowing of dirt and debris caused by grading, excavations, open cuts, side slopes, and other activities by the subdivider or the contractors. Reasonable methods of control shall include, but not be limited to, seeding and mulching, sodding, berm construction, pond construction, and watering as prescribed in the Wisconsin Construction Site Best Management Handbook. In such cases where the method of control has failed, the subdivider shall clean up the materials which have been displaced prior to construction of additional improvements. Plans for erosion control shall be submitted to the Village Engineer for review and approval before any land surface disturbances are made.
10. Floodplain/shoreland. All provisions of village ordinances relating to floodplain and shoreland zoning are incorporated herein and adopted by reference.
11. Inspection. Prior to commencing any work within the subdivision, the subdivider shall make arrangements with the Village Engineer to provide for adequate inspection. The Village Engineer shall inspect and approve all completed work prior to approval of the final plat or any release of the securities deposited pursuant to § 90-4C.

§ 90-12.  Acceptance of improvements.
After the subdivider has installed all required improvements, the subdivider shall notify the Village Engineer in writing that the work is complete and ready for final inspection. The Village Engineer shall inspect the improvements and forward a letter to the subdivider indicating the Village Engineer’s approval or disapproval. When the improvements have been approved by the Village Engineer, the Clerk will prepare a final billing for engineering, inspection and legal fees and submit it to the subdivider for payment. In addition, the subdivider and all general contractors shall file lien waivers or affidavits, in a form acceptable to the village and approved by the Village Attorney, evidencing that there are no claims, actions or demands for damages, based upon contract or tort arising out of or in any way related to the project and that no moneys are owed to any surveyor, mechanic, subcontractor, material supplier or laborer.

1. Resolution. When the engineering, inspection, and legal fees have been paid and when the necessary lien waivers and affidavits have been filed, a resolution accepting the project will be prepared and presented to the Village Board.
2. Security release. The security furnished pursuant to § 90-4C shall remain in full force for a minimum guarantee period of three years, or for a period as established in the developers agreement, whichever is greater, after the completion of the project and acceptance by the Board unless partially released as hereinafter provided. The security shall be held to guarantee the work performed pursuant to private contracts against defects in workmanship and materials. If any defect appears during the period of the guarantee, the subdivider or its contractor shall, at its expense, install replacements or perform acceptable repairs. In the event that the subdivider fails to install the replacement or perform the repairs, the Village may do so and deduct the cost thereof from the security deposit. Unless defects have appeared and have not been repaired, the Village shall release the security to the subdivider upon expiration of the guarantee period. [Amended 7-12-2007 by Ord. No. 5.07]

§ 90-13.  Signing of certified survey map or plat.
After executing the developer’s agreement to provide all required improvements, after posting the security required by § 90-4C, after payment of any fee imposed pursuant to § 90-4D(2) and of any area assessments, and after the subdivider has met all other requirements, the Clerk shall execute the certificate inscribed upon the face of the plat or certified survey attesting to the approval thereof and return it to the subdivider for recording.

§ 90-14.  Issuance of building permits.
No building permits shall be issued for erection of a structure on any lot created by a land division or subdivision until all the requirements of this chapter have been met. No construction of any kind may commence until the final plat has been recorded.

§ 90-15.  Fees.

1. General. The subdivider shall pay the village all fees as hereinafter required and at the times specified.
2. Preliminary plat and certified survey review fee. [Amended 1-13-2005 by Ord. No. 9.04]
   1. The subdivider shall pay a flat fee plus a fee for each lot or parcel within the preliminary plat to the Treasurer at the time the application or reapplication is made for approval of any preliminary plat. The fees imposed shall be set annually by the Village Board.
   2. The subdivider shall pay a flat fee plus a fee for each lot or parcel to the Treasurer at the time the application is made for a certified survey map. The fees imposed shall be set annually by the Village Board.
3. Engineering, inspection and attorney fees.
   1. The subdivider shall pay all engineering, inspection, consulting and legal fees incurred by the village for services performed by or on behalf of the village in conjunction with the design, inspection and review of any preliminary plat, certified survey, final plat, comprehensive development plan, or contract, with the drafting of legal documents, and with such inspections as the Village Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the village or any other governmental authority. Consulting, engineering, inspection and legal fees shall be the actual costs to the village on the basis of submitted invoices plus twice (2x) the actual payroll costs for time spent by any employees of the village. Such fees may be billed monthly, or upon completion of the project as determined by the Board.
   2. To guarantee payment of the engineering, inspection and attorneys fees, the subdivider shall deposit the sum of $1,000 with the Village Clerk at the time that the application for approval is first filed. If such fees are paid timely, the deposit will be refunded at the time that the final plat is approved by the Village Board or 30 days after the preliminary plat or final plat is rejected. In the event that the subdivider fails to pay such fees within 14 days of the time when the village submits its bill therefor, the village may deduct the amount of such fees from the security deposit.

§ 90-16.  Review, approval and denial of extraterritorial plats and certified survey maps. [Added 2-14-2008 by Ord. No. 2.08]
When it is proposed to divide lands located in the unincorporated area within 1 1/2 miles of the corporate limits of the Village of Holmen, the subdivider shall proceed as specified in § 90-5 through § 90-8 of this chapter, and entirely subject to the following: The Village of Holmen strongly advocates the preservation of agricultural lands, the rural character of large open spaces, natural resource preservation, bluffland preservation and restricted residential development, particularly where municipal sewer and water services are unlikely to be available. Land divisions proposed in the Village’s extraterritorial planning area to accommodate new residential, commercial, and other nonagricultural uses, or that have the effect of destroying or limiting the economic viability of agricultural operations are prohibited, as they result in sprawling development patterns in rural spaces and farm areas surrounding the Village in conflict with the Village of Holmen Comprehensive Plan. Such uses unlikely to be served by public sanitary sewer and public water service pose severe restrictions on Village and County efforts to create and plan for orderly development and will contribute to a diminishment of water quality in the region. Exceptions may be considered for remnant lots when created for the benefit of any city, town, village, school district, or any agency or instrumentality of the state, for public use. Conditional exceptions may also be considered when a documented, factual hardship is found to exist for a property owner if a proposed land division were to be denied.

1. Specific criteria for review (approval/denial) of preliminary extraterritorial land divisions, as provided below, must be considered. The proposal may be denied if any of the following result:
   1. Specific criteria -agricultural land division. Does the proposal:
      1. Reduce or diminish the continuation of viable or economically significant agricultural land use of the property?
      2. Adversely impact or create incompatible uses in relation to neighboring farm operations?
      3. Limit views, reduce potential access to natural resources, or in other ways diminish the quality of open space or rural character of the property?
      4. Have the effect of circumventing, restricting or blocking planned land uses or other elements of the Village of Holmen’s Comprehensive Plan, including Official Map elements?
      5. While not changing use or zoning, have the effect of undermining the long-term sustainability of existing farm operations?
   2. Specific criteria -single-family non-farm residences. Does the proposal:
      1. Suggest privately sewered residential development on soils that place limitations on basement construction and septic field absorption?
      2. Suggest development on land where the property may be adversely affected by high groundwater or periodic flooding?
      3. Suggest development on land that exceeds 12% slope?
   3. Specific criteria -commercial/industrial. Does the proposal:
      1. Fail to arrange for obtaining the full range of urban services? Businesses requiring significant water resources, large septic facilities, or require fire protection supported by a public system with hydrants should be directed to the Village.
      2. Fail to address a broad public interest such as resource conservation or development of transportation-related facilities where there is a demonstrable public benefit or need?
      3. Fail to identify intended development of limited rural businesses that are supportive of agricultural uses?
   4. Specific criteria -mineral extraction. Land division to accommodate mineral extraction within the Village extraterritorial jurisdiction may not be approved unless:
      1. The establishment, maintenance, or operation of the site does not impair the uses, values, and enjoyment of other property in close proximity.
      2. The establishment, maintenance, or operation of the site shall not diminish or endanger public health, safety, comfort or general welfare.
      3. The location of the site shall not impede the normal and orderly development of permitted uses on surrounding property.
      4. The establishment, maintenance, or operation of the site shall not diminish the scenic or environmental value of area blufflands.
      5. A reclamation plan shall be submitted to the Village and approved for the site. The Village Plan Commission shall require all requests for review of preliminary extraterritorial land division proposals to meet the pre-application and submittal process requirements as identified in this chapter.
   5. Specific criteria -Village of Holmen Comprehensive Plan. Is the proposal:
      1. Consistent with the Village of Holmen Comprehensive Plan?
2. In the event the provisions of this chapter are in direct conflict with the provisions of the Village of Holmen Comprehensive Plan, the provisions of the Comprehensive Plan shall prevail.
3. Where more than one governing body or other agency has authority to approve or to object to a plat or certified survey map and the requirements of such bodies or agencies are conflicting, the plat or certified survey map shall comply with the most restrictive requirement.
4. Transmittal responsibility. The proposing subdivider shall be responsible for transmitting copies of the plat or map proposing any land division within the Village’s extraterritorial plat jurisdiction to the designated planning and reviewing agencies of the affected Town, Village of Holmen and La Crosse County. The subdivider shall confirm in his letter of application to the Village that such transmittals have taken place.

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Foot Notes:

[1].  Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).[2].  Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).[3].  Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).[4].  Editor’s Note: See Ch. 159, Streets and Sidewalks.[5].  Editor’s Note: This ordinance amended and combined the provisions of former Subsection D(2)(e) and (f) into this Subsection D(2)(e).[6].  Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).[7].  Editor’s Note: Appendix A is included at the end of this chapter.[8].  Editor’s Note: Appendix A is included at the end of this chapter.[9].  Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).[10].  Editor’s Note: Appendix A is included at the end of this chapter.[11].  Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).[12].  Editor’s Note: Appendix A is included at the end of this chapter.