CHAPTER 6

SUBDIVISION CONTROL ORDINANCE/PLANNED UNIT DEVELOPMENT

            GENERAL PROVISIONS

Page    

1          6.01     Authority

1          6.02     Title

1          6.03     Effective Date

1          6.04     Purpose

1          6.05     Interpretation

2          6.06     Abrogation and Greater Restrictions

2          6.07     Jurisdiction

2          6.08     Compliance

3          6.09     Land Suitability

4          6.10     Definitions

6          6.11     Dedications and Reservations

7          6.12     Fees

7          6.13     Variance and Appeal

8          6.14     Severability

8          6.15     Violations and Penalties

            PROCEDURES

8          6.16     Subdivision

14        6.17     Replat

14        6.18     Other Division (Certified Survey Map)

16        6.19     Assessor's Plat

16        6.20     Plat Requirement Checklist


            DESIGN STANDARDS

Page

21        6.21     Location of Site

21        6.22     Design of Site

            REQUIRED IMPROVEMENTS

26        6.23     Survey Monuments

26        6.24     Grading

26        6.25     Surfacing

27        6.26     Curb and Gutter

27        6.27     Rural Street Sections

27        6.28     Sidewalks

27        6.29     Public Sanitary Sewerage and Private Sewerage Disposal Systems

27        6.30     Storm Water Drainage Facilities

28        6.31     Water Supply Facilities

28        6.32     Other Utilities

28        6.33     Street Lamps

28        6.34     Street Name Signs

28        6.35     Street Trees

28        6.36     Lot Grading

CONSTRUCTION

29        6.37     Commencement

29        6.38     Building Permits

 

29        6.39     Plans

 

29        6.40     Inspection


           

Page

29        6.41     Planned Unit Development

34        6.42     Park Improvement

 

35        6.43     (Zoning, & Code Variance's) Registration Required

 

36        6.44     Town of Menasha Official Street, Road, Highway, Park, Waterway, Right-of-Way

           

38        6.45     Site Plan Review

 

41        6.46     Commercial Vehicle Parking

 

42        6.47     Procedures and Fees for B-4 and B-5 Zoning District Review

 

44        Exhibit “A”       Description for Town of Menasha Right-of-Way Westside Arterial


CHAPTER 6

SUBDIVISION CONTROL ORDINANCE

GENERAL PROVISIONS

 

 

6.01          AUTHORITY

 

These regulations are adopted under the authority granted by Section 236.45 of the Wis. State Stats.  Therefore, the Town Board of Supervisors of the Town of Menasha, County of Winnebago, Wisconsin, do ordain as follows:

 

6.02          TITLE

 

The name of this ordinance shall be known and cited as the "Subdivision Control Ordinance for the Town of Menasha."

 

6.03          EFFECTIVE DATE

 

This ordinance shall be effective after adoption by the Town of Menasha Town Board of Supervisors and publication or posting as provided by law.  Amendments hereto shall be made only after notice and public hearing.

 

6.04          PURPOSE

 

The purpose of this ordinance is to supplement the provisions of Chapter 236 of Wis. State Stats. and to promote the public health, safety and general welfare within the Town of Menasha to lessen congestion in the streets and highways; to further the orderly layout and use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds and other public requirements; and to facilitate the further re-subdivision of larger tracts into smaller parcels of land.  The provisions of this ordinance are made with reasonable consideration, among other things, of the character of the Town with a view of conserving the value of the buildings placed upon the land providing the best possible environment for human habitation and encouraging the most appropriate use of land throughout the Town.

 

6.05          INTERPRETATION

 

The provisions of this ordinance 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 State Statutes.


 

6.06          ABROGATION AND GREATER RESTRICTIONS

 

It is not the intent of this ordinance to repeal, abrogate, annul, impair or interfere with existing rules and regulations governing the subdivision of land; provided, however, that where this ordinance is more restrictive, the provisions of this ordinance shall govern.

 

6.07          JURISDICTION

 

The jurisdiction of this ordinance shall include all lands and waters within the Town of Menasha.

 

Exceptions:  In no instance shall the provisions of this ordinance apply to:

 

(1)                Transfer of interest in land by Will or pursuant to Court order

 

(2)                Leases for a term not to exceed ten 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 required by this ordinance or other applicable laws or ordinances.

 

6.08          COMPLIANCE

 

No person, firm or corporation shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, other division, or a replat as defined herein; no such division, other division, or replat shall be entitled to record; and no streets shall be laid out or improvements made to land without compliance with all requirements of this ordinance, and:

 

(1)                Provisions of Chapter 236, Wis. State Stats.

 

(2)                Rules of the Wisconsin State Division of Health, Department of Health and Social Services, 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)                Rules of the State 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

 

(4)                Duly approved Comprehensive Plan, or any component thereof including the zoning ordinance, official map, and all other applicable ordinances of the Town of Menasha

 

(5)                Applicable local and county ordinances

 

 

 

 

 

 

 

 

 

 

6.09          LAND SUITABILITY

 

No land shall be subdivided which is held unsuitable for use by the Town Planning Commission for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, inadequate water supply or sewerage disposal capabilities, or any feature likely to be harmful to the health, safety, or welfare of the future users of the proposed subdivision or of the community.  The Town Planning Commission, in applying the provisions of this section, shall recite the particular facts upon which it bases its conclusions that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he so desires.  Thereafter the Town Planning Commission may affirm, modify, or withdraw its determination of unsuitability.

 

Where the subdivision of a tract of land contains a portion of land unsuitable for development because of poor drainage, floodable conditions, poor soil conditions, adverse rock formation, unfavorable topography, inadequate water supply or sewerage disposal capabilities, or for any other reason, such areas shall not be divided into buildable sites, and shall be handled as follows:

 

(1)                Poor Drainage.  Land subject to ponding, poor permeability or poor drainage, or for other causes as determined by the Planning Commission, or its designated agent, and if said land is not zoned as a conservancy or wetland-floodplain district on an applicable zoning district map, in which buildings are prohibited, it shall be subject to the following requirements:

 

(a)                If said land is designated as park, parkway, other open-space, or other public use on an official plan of the Town of Menasha, the developer may dedicate said land to the Town or County, but in any case must reserve said land for not less than two (2) years for acquisition by the Town or County.

 

(b)                If said land is not designated as a park, parkway, or other public use on an official plan, then the developer shall cause said land to be carried in a private easement in the individual deeds affected thereby, and no permit shall be issued for a building therein.

 

(c)                In lieu of the requirements set forth in Section 6.09, paragraph (a) above, the developer may, at his expense, prepare a development proposal for the problem area.  It shall be submitted for the Planning Commission's approval and shall be accompanied by a site plan and adequate engineering date to insure that the public health, safety and welfare will not be violated if approved, and to provide a surety bond to the approving municipality to insure that such will be done at a specified time if approved.

 

(2)                Floodable Conditions/Drainage Ways.  If floodplains have been determined and are delineated on an applicable zoning district map, or as determined by the Planning Commission from sources available to it, the subject platting shall be designated accordingly so that all building sites have sufficient area for the efficient operation of a private disposal system and so that the lowest floor level of a building shall be two (2) feet above the normal high water line.

 

In designing plats, drainage easements shall be shown on the plan where conditions warrant and, as determined by the Planning Commission or as determined by sources available to it, and building permits shall not be issued herein.

 

(3)                Adverse Soil and Rock Formation.  Soil suitability rating for a proposed subdivision shall be determined by the Planning Commission from sources available to it. The Commission shall determine the minimum lot size required if public sewer is not available even though the minimum lot size allowed under the zoning is less than the soil rating might require.  In order to determine the precise location of soil boundaries, on-site investigation by soil scientists may be necessary but in areas where no public sewer is available, this investigation is mandatory and may be made by a professional surveyor, engineer or soil scientist at the expense of the developer, and according to procedures established by the State Division of Health, Department of Health and Social Services.

 

Where soil interpretations determine that a tract of land is unsuitable for development under existing conditions, the developer may submit a proposal for development indicating how, through site and engineering design, the soil problems can be overcome.  The proposal shall include a site plan and adequate engineering data before approval of the development can be granted by the Planning Commission.  If this plan is approved, the developer shall provide a surety bond to the approving municipality to insure that such will be done at a specified time.

 

6.10          DEFINITIONS

 

For the purpose of these regulations, the following terms are defined.  Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number.  The word "shall" is mandatory.

 

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

 

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

 

Block: A parcel of land bounded on at least one side by a street and on the other sides by a natural or man-made barrier

 

Building Site: A parcel of land occupied, or intended to be occupied, by a structure as permitted under applicable zoning regulations

 

Certified Survey Map: A map of a land split prepared in accordance with this ordinance and Chapter 236, Wis. State Stats.

 

Collector Street: A street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets to residential developments

 

Community: A Town, municipality, or a group of adjacent Towns and/or Municipalities having common social, economic or physical interests.

 

Comprehensive Plan: The extensively developed plan, also called a master plan, adopted by the Town Plan Commission and certified by the Town Board pursuant to Section 66.1001(3) of the Wis. State Stats., including proposals for future land use, transportation, urban redevelopment and public facilities.  Devices for the implementation of these plans, such as zoning, official map, land division, and building line ordinances and capital improvement programs shall also be considered a part of the comprehensive plan.

 

Cul-de-Sac Street: Minor street closed at one end with a turn-around provided for vehicles

 

Extraterritorial Plat Approval Jurisdiction: The unincorporated area within one and one-half (1-1/2) miles of a fourth class city or a village and within three (3) miles of all other cities

 

Frontage Street: A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development

 

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

 

Minor Subdivision: The division of land by the owner or subdivider resulting in the creation of two (2) parcels or building sites, any one of which is four (4) acres in size or less, 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.

 

Municipality: An incorporated village or city

 

Official Map: Is that map adopted pursuant to Section 62.23 of the Wis. State Stats. which shows existing and proposed streets, highways, parkways, parks and playgrounds

 

Plat: A map of a subdivision complete with all certificates and engineering data per Chapter 236, Wis. State Stats.

 

Public Way: Any public road, street, highway, walkway, drainage way, or part thereof

 

Replat: The changing of the boundaries of a recorded subdivision plat or part thereof

 

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

 

Subdivision:  The division of a lot, parcel or tract of land by the owners thereof, or their agents, for the purpose of transfer of ownership or building development where the act of division creates three (3) or more parcels or building sites of four (4) acres each or less in area; or where the act of division creates three (3) or more parcels of building sites of four (4) acres each or less in area by successive division within a period of five (5) years; or where a road is created more than 15O feet long.

 

 

 

 

 

 

 

 


 

6.11          DEDICATIONS AND RESERVATIONS [Amended March 22, 2004]

 

The purpose of the Park and Open Space Land Dedication or Fees in Lieu of Land is to ensure that adequate park and open spaces area is available within or near new developments.  The subdivider or condominium developer shall provide and dedicate to the Town adequate land to provide for park, recreation, and open space needs within the Town.  The location of such land to be dedicated shall be determined by the Planning Commission based upon recommendation from the Park and Recreation Commission.  Where a land dedication is not compatible with the comprehensive plan or the park and open space plan, or for other reasons advised by the Planning Commission; the subdivider or condominium developer shall, in lieu thereof, pay a fee to meet this requirement in whole or on a prorated basis.

 

(1)                Land Dedication Requirement. After consultation with the Park and Recreation Commission, the Planning Commission shall determine whether the dedication of land for parks, or monies in lieu thereof will better serve the public interest.  Where land is to be dedicated, 900 square feet of land shall be dedicated for each proposed residential dwelling unit.  If no particular number of dwelling units is proposed, the requirements shall be based on the following conditions:

 

(a)                The number of dwelling units permitted by right under the proposed subdivider or condominium development, and

(b)                The zoning in effect at the time of preliminary plat or condominium plat submittal. 

 

Land dedicated for trails shall be credited towards a subdivider or condominium development’s park and land dedication requirements only where right-of-way is dedicated to the Town of Menasha for purposes of meeting the official mapped ultimate right-of-way width where trails are identified in Chapter 30, in no other case shall trails be credited.  Lands dedicated for stormwater management shall not be credited towards a subdivider or condominium development’s park and land dedication requirements.  All dedicated lands shall be accompanied by an environment assessment indicating that such lands present no environmental hazard, and will not require environmental mitigation or remediation measures. A core soil sample test shall be administered and results submitted to the Park and Recreation Department.  No core soil sample test shall be required under trail right-of-way.  Said environmental assessment and soil test shall be paid for at the subdivider or condominium developer’s expense.

 

(2)                Fees in Lieu of Land Dedication.  Where, after consultation with the Park and Recreation Commission, the Planning Commission recommends the fees, or if the development has already been platted, a fee in lieu of land per potential dwelling units permitted by right under the proposed subdivision and zoning which is in effect at the time of preliminary plat or condominium plat submittal.  The fee per dwelling shall be Three hundred fifty dollars ($350.00) and will be reviewed each year.  Fifty percent (50%) of fees are due at the time of final plat; the remaining fifty percent (50%) is due when fifty percent (50%) of lots are sold.

 

(3)                Allocation of Fees. The fees received by the Town shall be placed in a separate non-lapsing account (Park and Open Space Fund), separate from the Town General Fund.  The Park and Open Space Fund shall be used exclusively for the acquisition and development of new parks, recreation, and other open space areas. Fees shall be adjusted December 31 of every year to be effective January 1 of each fiscal year based on the North Central Region Consumer Price Index, September percent change, or three percent (3%), whichever is greater.  Land dedication requirements shall be adjusted reciprocally.

 

(4)                Development of Park Area.   When parklands are dedicated, the subdivider is required to:

 

(a)                Properly grade and contour for proper drainage.

 

(b)                Provide surface contours suitable for the anticipated use of each area.

 

(c)                Cover areas to be seeded with a minimum of six (6) inches of quality topsoil, seed, fertilize, and mulch, as specified by the Park and Recreation Department.  When possible original sub soil shall be left undisturbed and use a minimum of heavy equipment disturbance other than final grading and seeding.  Original soil must be equal to or greater than the initial original soil with a minimum of six (6) inches.  Final grading and seeding must occur within one (1) year following issuance of the first building permit within that land division unless otherwise authorized by the Town Engineer or Development Coordinator.  The improved area shall not be deeded and officially accepted until specifications are met. Two (2) inches of uniform grass height has been established, and a minimum of 6 mowings have occurred.  It shall be the responsibility of the subdivider to maintain the area until the Town accepts the dedication.

 

(5)                Neighborhood and Community Parks.  When a neighborhood park shall be provided by the subdivider, it will include a standard residential water service unless located directly adjacent to a fire hydrant.  A community park area shall be provided by the developer with a minimum six (6) inch water service or at least one (1) fire hydrant, and at least one (1) four (4) inch sanitary sewer lateral, all located at the street property line.  The Town Engineer shall require certification of compliance with this Article by Town Officials.  The subdivider shall pay the cost of such report.

 

(6)                Development of Parklands. Development of parklands is to be completed as soon as fifty percent (50%) of the planned lots in the subdivision are sold or developed, as determined by the Town Board of Supervisors.

 

(7)                Failure to Satisfy Requirements.  If subdivider fails to satisfy the requirements of this Section, the Town Board of Supervisors may contract said completion and bill such costs to the subdivider, following a public hearing and written notice to the subdivider of noncompliance.  Failure to pay such costs may result in the immediate withholding of all building permits until such costs are paid.

 

6.12          FEES

 

(1)        A $100.00 plus $15.00 per lot filing fee shall be paid at the time a preliminary plat is filed with the Town, or in the case of no preliminary plat, at the time of the final plat.  If there is a preliminary plat, there shall be a $75.00 filing fee paid at the time a final plat is filed with the Town. [Amended 5/20/02]

 

(2)        All preliminary and/or final plats requiring drainage review shall be charged a fee as set by resolution. [Amended Dec. 1, 2003]

 


 

6.13          VARIANCE AND APPEAL

 

Where the Planning Commission finds that extraordinary hardships may result from strict compliance with these regulations, due to physical features of the site or its location, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of these regulations and any development plans of any other agency.

 

In granting variances and modifications, the Planning Commission may require such conditions, as will in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

 

(1)                Amendments.  The Town Board of Supervisors upon recommendation of the Planning Commission may amend, supplement of repeal any of these regulations after public notice and hearing.

 

6.14          SEVERABILITY

 

The provisions of this ordinance are severable, and if' for any reason, a clause, sentence, paragraph, section or other part of this ordinance should be decided by a court of competent jurisdiction to be invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provisions.

 

6.15          VIOLATIONS AND PENALTIES

 

Any person who fails to comply with the provisions of this ordinance shall, upon conviction thereof, forfeit not less than $25.00 nor more than $200.00 plus the costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days.  Each violation and each day a violation exists or continues shall constitute a separate offense.  In addition, the remedies authorized by Sections 236.30, 236.31 and 236.32, Wis. State Stats., shall be available to the Town.

 

PROCEDURES

 

6.16          SUBDIVISION

 

When it is proposed to divide land into three (3) or more parcels or building sites, any one of which is four (4) acres or less in size; or where the act of division creates three (3) or more parcels or building sites of four (4) acres each or less in area by successive division within a period of five (5) years, or where a road is created more than 150 feet long, the subdivider shall subdivide in accordance with the following procedures: [Effective 7/10/86]

 

(1)                The subdivider shall have an initial consultation with the Town Staff before proceeding with platting procedures in order to obtain their advice and assistance and so that the subdivider is familiar with the necessary regulations and the following general factors:

 

(a)                The suitability of the site for development

(b)                The accessibility of the site

(c)                The availability of public facilities (sewer, schools, parks, water, etc.) and public services (police, fire, etc.)

(d)                Soil conditions and drainage pattern

(e)                The effect on the proposed development of any contemplated improvements

(f)                 Zoning

 

(2)                Submittal of Sketch Plan.  At the above meeting the subdivider must submit a sketch plan on a topographic survey map (it may be a free-hand drawing, but in sufficient detail to determine conditions) indicating the nature of the above conditions.  The sketch plan will be reviewed as it relates to:

 

(a)                Topography

(b)                The improvements, design, dedications or reservations required by these regulations

(c)                Continuity to existing development within 300 feet of all boundaries

(d)                Regulations as set down by Chapter 236 of the revised Wis. State  Stats.

(e)                Regulations established under Chapters H55, H62, and H65 of the Wisconsin Administrative Code as regulated by the State Department of Health and Social Services

(f)                 Regulations established under Chapter 33 of the Wisconsin Administrative Code as it relates to highway regulations.

This consultation 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 the development.  In so doing, both the subdivider and planning agency may reach mutual conclusions regarding, the General progress and objectives of the proposed development and its possible effects on the neighborhood and community.  The subdivider will gain a better understanding of the subsequent required procedures.

 

The Town Planning Commission shall require submission of a draft of protective covenants whereby the subdivider intends to regulate land use in the proposed subdivision.

 

(3)                Preliminary Plat Review within the Town.*  Before submitting a Final Plat for approval, the subdivider shall prepare a Preliminary Plat and a letter of application.  The Preliminary Plat shall be prepared in accordance with this ordinance, and the subdivider shall file sixteen (16) copies of the Plat and a letter of application with the Town Clerk at least ten (10) days prior to the meeting of the Planning Commission at which action is desired.  The letter of application must indicate that copies of the plat are on file with the utility companies having jurisdiction over the subject area so that required easements can be determined.

 

The Town Clerk shall, within two (2) days after filing, transmit four (4) copies to the County Planning Agency; if such agency exists; two (2) copies to the Director of the Planning Function in the State Department of Local Affairs and Development; additional copies to the Director of the Planning Function 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 to the Division of Health, 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; two (2) copies to the East Central Wisconsin Planning Agency; two (2) copies to the municipality, if the subject plat is within its extraterritorial jurisdiction; and an adequate number of copies to the Town Planning Commission.  The County Planning Agency, the State Department of Local Affairs and Development, the State Department of Transportation and the State Department of Health and Social Services shall be hereinafter referred to as objecting agencies.       

*See plat requirement checklist, Section 6.20

The Town Planning Commission, in addition to the Town Board, is hereby designated as approving authority for all preliminary plats, shall transmit a copy of the Preliminary Plat to all affected local utility companies for their review and recommendations concerning matters within their jurisdiction.  Their recommendations shall be transmitted to the Town Planning Commission within fifteen (15) days from the date the Plat is filed.  The Preliminary Plat shall then be reviewed by the Planning Commission for conformance with this ordinance and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components which affect it.

 

Preliminary Plat approval Within the Town.  The objecting agencies shall, within twenty (20) days of the date of receiving their copies of the Preliminary 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 Planning Commission.  If an objecting agency fails to act within twenty (20) days, it shall be deemed to have no objection to the plat.

 

The Town Planning Commission, within forty (40) days of the date of filing of Preliminary Plat with the Town Clerk, shall approve, approve conditionally, or reject such Plat.  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 Planning Commission's permanent file.  The recommendation shall then be forwarded to the Town Board for the Town Board approval of the Preliminary Plat.

 

Failure of the Town Planning Commission to act within forty (40) days shall constitute an approval.  Upon the Planning Commission's failure to act within forty (40) days, the Preliminary Plat shall then be forwarded to the Town Board for its approval.  The Town Board shall thereafter act upon the Plat within sixty (60) days or it shall automatically be deemed disapproved.

 

(4)                Final Plat Review Within the Town* The subdivider shall prepare a Final Plat and a letter of application in accordance with this ordinance and shall file sixteen (16) copies of the Plat and the application with the Town Clerk at least ten (10) days prior to the meeting of the Town Planning Commission at which action is desired.

 

The Town Clerk shall, within two (2) days after filing, transmit four (4) copies to the County Planning Agency, if such agency exists, two (2) copies to the Director of the Planning Function in the State Department of Local Affairs and Development; additional copies to the Director of the Planning Function 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 Division of Health and Social Services if the subdivision is not served by a public sewer and provision for such service has not been made; two (2) copies to the East Central Wisconsin Regional Planning Agency two (2) copies to the municipality if the subject plat is within its extraterritorial jurisdiction; and the original Final Plat and adequate copies to the Town Planning Commission.

 

Partial Platting.  The Final Plat, may, if permitted by the Town Planning Commission, constitute only that portion of the approved Preliminary Plat which the subdivider proposes to record at that time.  *See plat requirement checklist, Section 6.20

Final Plat Approval Within the Town.  The objecting agencies shall, within twenty (20) days of the date of receiving their copies of the Final Plat, notify the subdivider and all other approval 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 Planning Commission.  If an objecting agency fails to act within twenty (20) days, it shall be deemed to have no objection to the Plat.

 

Submission.  If the Final Plat is not submitted within six (6) months of the last required approval of the Preliminary Plat, the Town Board may refuse to approve the Final Plat.

 

The Town Planning Commission shall, within thirty (30) days of the date of filing of 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.

 

Notification.  The Town Planning Commission shall, when it determines to recommend approval of a Plat, give at least ten (10) days prior written notice of its intention to the Clerk of any municipality within 1000 feet of the Plat.

 

The Town Board shall, within sixty (60) days of the date of filing the original Final Plat with the Clerk, approve or reject such Plat unless the time is extended by agreement with the subdivider.  If the Plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider.  The Board may not inscribe its approval on the Final Plat unless the 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 twenty (20) days, or, if filed, have been met.

 

Failure of the Town Board to act within sixty (60) days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.

 

(5)                RESIDENTIAL SUBDIVISION OR DIVISION OF LAND NOT COVERED UNDER 6.16(6) [Revised October 23, 2000]

 

(a)                Performance Guarantee.  The Town of Menasha requires that before any final plat for a residential subdivision can be filed by the Town Clerk the subdivider shall provide a guarantee of the satisfactory installation of all specified improvements to include but not limited to sanitary sewer, water, street, curb, gutter, storm sewer, storm water surface drainage and surface/storm water detention. Said guarantee shall be approved by the Town Board. The Town Board shall have the sole discretion to require one or the other, or a combination of the following guarantees:

 

(1)                The subdivider shall file with the Clerk of the Town in which the subdivision is located, a performance guarantee to insure installation and construction of all required improvements at the standards required. At the time each improvement is to be installed and upon its completion, the subdivider must notify the Town to this effect so that adequate inspections can be made. The performance guarantee must be approved by the Town and must:

(a)                Be a certified check or irrevocable letter of credit

 

(b)                Be payable to the Town

 

(c)                Be an amount sufficient to complete the improvements as prescribed

 

(d)                In the case of cash, held in an escrow fund

 

(e)                Specify a satisfactory date for the completion of the improvements

 

(f)                 When the improvements have been completed and approved, the guarantee must be released and returned.

 

(g)                When any of the required improvements have been completed and approved, a portion of the security commensurate with the cost of these improvements may be released and returned.  In the event the subdivider fails to install the required improvements in accordance with the final plan, the performance guarantee is forfeited to the Town to be used for completion of the improvements.

 

(6)                COMBINATION DEVELOPMENTS INCLUDING MANUFACTURING, COMMERCIAL, INDUSTRIAL, AND/OR RESIDENTIAL [Added October 23, 2000]

Performance Guarantee and Qualifications of Development

(a)                The Town of Menasha, to promote orderly and planned growth and development encourages plans for division development or subdivision of lands that encompass areas in excess of the residential subdivision. The Town Board may consider entering into agreements with a developer or developers for developments that meet the following criteria:

(1)                The planning and development area owned or controlled by the developer/developers shall be not less than 200 acres.

(2)                The area proposed for development shall consist of not more than one-third of the area as residential and shall designate the balance of area in excess of the residential as commercial, retail, manufacturing or industrial.

(3)                The plan shall be consistent with the Town’s plans for growth and development.

(4)                The developer shall demonstrate an increase tax value potential for not less than $150,000.00 per acre for the commercial, retail, manufacturing or industrial area and $300,000.00 per acre for the residential area of the plan within 10 years after the approval of the Town, based upon the assessment role of the Town assessor. Increased tax value potentials shall be calculated as being over and above the undeveloped land value at the time of the agreement.

(5)                The Town Board determines that the plan and development is in the public interest of the residents and taxpayers of the Town of Menasha.

(b)                Upon the determination of the Town Board that the development meets the criteria set forth in paragraph (a) 1-5, the Town Board may consider entering into a developer’s agreement. However, the Town Board, in its sole discretion, shall have the right to refuse to agree with any specific terms or conditions unless and until the Board determines that the public is adequately protected. The development agreement may, but is not required to include any or all of the following:

(1)                Installation of public improvements by a public bidding process

(2)                Special assessment of lands to pay costs of any public improvement

(3)                Reduction of assessment liens based upon tax increments that provide demonstrable benefit to the Town of Menasha

(4)                Any performance guarantee set forth in 6.16(5)(a)

(7)                SURFACE WATER / STORM WATER PERFORMANCE GUARANTEES [Added October 23, 2000]

Surface/Storm Water Performance Guarantee.  The Town of Menasha recognizes that the surface water plan is affected by the development of streets, sewer, water and other utility regulations.  The surface water plan may further be affected by the building construction within the subdivision.  The subdivider may therefore be required to provide a performance guarantee and/or waive assessment against all undeveloped lots.  Further, regulations contained in the Town of Menasha ordinances may be cause for withholding of building permits and/or occupancy permits until compliance is obtained.  The subdivider shall be required to assure the Town that the surface grade pursuant to the drainage plan shall be maintained for a period of one (1) year from the final Town approval of the subdivision.  

(8)                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 cannot record the Plat unless it is offered within thirty (30) days from the date of the last approval.

(a)                A subdivider/developer agreement providing for the installation of public improvements by a public bidding process wherein the subdivider/developer shall execute agreements giving assurance of ownership and the necessary waiver to allow the Town without a special assessment hearing of record a lien for the cost of the installation, all necessary engineer and inspections and all legal costs and fees associated with the bidding, installation and lien proceedings.  The Town Board, in its sole discretion, shall have the right to refuse to agree to the terms of sections as the performance guarantee in the event that, for any reason the Town Board is not satisfied that the public is adequately protected by the special assessment lien.  The Town Board shall have the discretion on a case–by–case basis to deviate from the terms set forth in this section, if it deems it is in the public interest to do so, by entering into a “Developers Agreement”, the terms of which shall be approved by resolution of the Town Board.  In the event the Board refuses to install and special assess for public improvements the Board may require compliance either all or in part with the prohibitions of subsection (a). [Added October 23, 2000]

 

(9)                Copies. The subdivider shall file ten (10) final copies which evidence all of the signatures and the recording information on the final plat with the Town Clerk for distribution to the Park Commission, Town Planning Commission, Town Engineer, Building Inspector, Utilities, Assessor, the East Central Wisconsin Planning Agency and other affected agencies for their files.

 

6.17          REPLAT

 

When it is proposed to replat a recorded subdivision or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in Sections 236.40 through 236.44 of the Wis. State Stats.  The subdivider, or person wishing to replat, shall then proceed as specified in Section 6.16 of this ordinance.

 

The Town Clerk shall schedule a public hearing before the Town Planning Commission when a Preliminary Plat of a replat of lands within the Town 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 200 feet of the exterior boundaries of the proposed replat.

 

 

6.18          OTHER DIVISION

 

When it is proposed to divide land into two (2) parcels or building sites, whether in unplatted lands or platted lands under 236.34 Wis. State Stats., or when it is proposed to divide a block, lot or outlot into not more than four (4) parcels or building sites within a recorded subdivision plat without changing the boundaries of said block, lot or outlot, the subdivider may subdivide by use of a Certified Survey Map.  The subdivider shall prepare the Certified Survey Map in accordance with this Ordinance and shall file an adequate number of copies of the Map and the letter of application with the Town Clerk at least fifteen (15) days prior to the meeting of the Town Planning Commission at which action is desired.  Town Planning Commission and Town Board approval shall be required under this section only where public lands are dedicated.

 

Prior to the filing of a certified survey map of any parcel of land, the subdivider shall consult with the Town Planning Commission for advice and assistance to assure that his plans do not conflict with local, county, or regional plans.  The Town Planning Commission shall require a reasonably accurate preliminary map of the land being considered for sale.  It may be a free hand drawing, but of a sufficient scale so that conditions can be determined, to be reviewed for proximity to adjacent street, schools, etc. for analysis of soil types, topography, drainage, and generally for the effect the land division would have on the development of surrounding property.  Such map shall describe the entire ownership involved in the process of division, provided, however, that where the division results in a residual parcel in excess of five (5) acres, not intended for immediate sale or other conveyance, the Planning Commission may waive the requirement for inclusion of the residual parcel, in which case, a supplementary map of reasonable accuracy shall be attached showing the relationship to the original ownership of the parcel or parcels being severed.

 

If any lots to be divided are not served by public sanitary sewer, percolation tests shall be submitted to the Town Clerk for approval by the Town Plumbing Inspector according to the procedure and standards established under the rules of the State Division of Health, Department of Health and Social Services, applicable to subdivisions.  Failure of the Town Engineer to act within twenty (20) days shall constitute approval by that office.

 

After approval of the Town Planning Commission as to general land divisions, the subdivider shall proceed to have drawn a certified survey map which shall be submitted to the Town Clerk who shall, within two (2) days after filing, transmit the copies of the map and letter of application to the Town Planning Commission.

 

According to Chapter 236 of the revised Wis. State Stats., a Certified Survey Map shall meet the following requirements:

 

(1)                The survey shall be performed and the map prepared by a registered land surveyor

 

(2)                All corners shall be monumented

 

(3)                The map shall be prepared on durable white paper or on tracing cloth or paper of which a photocopy can be made, 8 1/2 inches wide by 14 inches long.  The scale shall not be more than 500 feet to the inch

 

(4)                The map shall include the certificate of the surveyor, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked and established in the United States public land survey.  The surveyor's certificate shall state that he or she has complied with the requirements of Chapter 236.

 

As an exception to Chapter 6.18, Town of Menasha Municipal Code, the Town of Menasha authorizes Associated Bank to create Lots 1 and 2 out of Lot 5, Town of Menasha Assessor’s Plat No. 13, by Certified Survey Map, all provided that Lot 6 shall serve as the private ingress and egress roadway to said Certified Survey Map Lots (Lots 1 and 2). [Effective 5/9/88]

 

Further, the Town of Menasha shall have no obligation, now or in the future, to treat Lot 6, the private ingress and egress roadway, as a public street.

 

Further, that this ordinance amendment is caused by the actions of the State of Wisconsin, by its limiting of access for Lots 1 and 2 to Highway 47.

 

The Town Planning Commission shall transmit a copy of the map to all affected Town Boards, Commissions or Departments for their review and recommendations concerning matters within their jurisdiction.  Their recommendations shall be transmitted to the Town Planning Commission within ten (10) days from the date the map is filed.  The map shall be reviewed by the Planning Commission for conformance with this Ordinance and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components which affect it.  The Town Planning Commission shall, within thirty (30) days from the date of filing of the map, recommend approval, conditional approval or rejection of the map, and shall transmit the map along with its recommendations to the Town Board.

 

The Town Board shall approve, approve conditionally or reject such map within sixty (60) days from the date of filing of the map unless the time is extended by agreement with the subdivider.  If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider.  If the map is approved, the Town Board shall cause the Town Clerk to so certify on the face of the original map and return the map to the subdivider.

 

A performance guarantee shall be required for any proposed improvements and shall be as prescribed in Section 6.16(e) above.

 

Recording.  The certified survey map shall be recorded with the County Register of Deeds.  When a certified survey map has been so recorded, the parcels of land in the map may be described by reference to survey, the volume and page where recorded, and the name of land or improvements offered for dedication shall be deeded recording, unless otherwise arranged.

 

Copies.  The subdivider shall file ten (10) copies of the Certified Survey Map with the Town Clerk for distribution to the East Central Wisconsin Regional Planning Commission, the Soil and Water Conservation Services, Building Inspector, Utilities, Assessor and other affected departments for their files.

 

 

6.19          ASSESSOR’S PLAT

 

Made under Section 70.27 of the Wis. State  Stats. may be ordered by the Town Board at the expense of the subdivider when a subdivision is created by successive divisions.

 

6.20          PLAT REQUIREMENT CHECK LIST

 

(1)                Sketch Plan

 

(a)                Title, scale, north arrow and date must be shown.

 

(b)                The scale should not be less than 200 feet to the inch and be on a topographical survey map.  It may be a free hand sketch on a print of such a map and must show:

 

(1)                Subdivision boundaries

 

(2)                General street and lot layout including streets and other features adjacent and within 300 feet of the proposed subdivision

 

(3)                Approximate location of trees and other prominent physical features

 

(c)                Must show a location map.  It may be free hand and must show:

 

(1)                Municipal boundaries

 

(2)                Subdivision location and boundaries

 

(3)                Location of existing facilities which serve or influence the subdivision, e.g., schools, parks, main traffic arteries, shopping centers, utilities, etc.

 

(d)                Must show total acreage of subdivision and number of lots proposed, and the typical width and depth of lots.

 

(e)                Name and address of subdivider or his agent.

 

(f)                 Each sketch plan shall specify for each lot the total square footage of each lot created.

 

(2)                Preliminary Plat

 

(a)                It shall be clearly marked "Preliminary Plat" and shall be in sufficient detail to determine whether the final plat will meet layout requirements.

 

(b)                Title, scale, north arrow and date must be shown.

 

(c)                The scale shall not be less than 100 feet to the inch, and shall be drawn on a topographical survey map having contour intervals of no more than two feet between intervals.

 

(d)                Must show the location and dimensions of:

 

(1)                Existing, planned and proposed streets, public facilities or land, easements and other such features

 

(2)                Facilities or land offered for dedication or reserved for public or other use as indicated

 

(3)                Contour lines/elevation points

 

(4)                Owners of adjoining land

 

(5)                Blocks and lots in consecutive order

 

(e)                It must have a neighborhood location map showing subdivision location and surrounding roads, etc.

 

(f)                 It must have a feasibility report on sewage and water facilities.

 

(g)                Must show zoning classification, land use and minimum lot sizes within and adjacent to the subdivision.

 

(h)                Must be a drawing of all present and proposed street grades and facilities for storm water drainage.

 

(i)                  There must be a draft of all types of restrictions placed on the land which will become covenants in the deeds for lots shown on the Final Plat when submitted.

 

(j)                  Must show total acreage of subdivision and number of lots proposed, and the typical width and depth of lots, and total street length must be indicated.

 

(k)                Name and address of subdivider or his agent.

 

(l)                  The preliminary plat shall include an amount of the total square feet of each lot created by the said plat.

 

(3)                Final Plat

 

It shall show more specifically, the corrected and finalized data from the preliminary plat.

 

A final plat of subdivided land shall comply with the provisions of Chapter 236.20 of the Revised Wisconsin Platting Statutes summarized, as follows:

 

(a)                General Requirements

 

(1)                On muslin-backed white paper 22 inches wide by 30 inches long

 

(2)                If more than one sheet is needed, they shall be consecutively numbered

 

(3)                With a binding margin of 1-1/2 inches on the left side of the 30 inch length and a one inch margin on all other widths

 

(4)                With waterproof non-fading black ink

 

(5)                Of a scale not to exceed 100 feet to an inch

 

(b)                Surveying and Engineering Data

 

(1)                Shall show the exterior boundary survey

 

(2)                Shall show all monuments erected, corners and other points

 

(3)                Shall show the width, length, bearings, degrees; radii and angles of all boundaries; entire parcel; blocks; lots; streets; easements and centerlines thereof, etc.; and all lake and stream meander lines established by the surveyor in accordance with Section 236.15 of Wis. State.  Stats.

 

(4)                The final plat shall show the total number of square feet for each new lot created by the plat and the said number of square feet shall appear on the plat and on each lot created therein

 

(c)                Name, Location and Position

 

(1)                The name of the plat shall be printed thereon and shall not be a duplicate of any other plat recorded in the county

 

(2)                The location of the subdivision by government lot, 1/4 - 1/4 quarter section, section, township, range and county shall be noted under the name of the subdivision

 

(3)                A small locational map shall be included and shall be oriented in the same direction as the main drawing

 

(4)                Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which access is provided

 

(5)                The names and dimensions of adjoining streets, state highways and the subdivisions shall be shown and underlined by a dotted line

 

(d)                Roads and Public Spaces

 

(1)                The name of each road or street in the plat shall be printed thereon

 

(2)                All lands dedicated to public use shall be so designated

 

(3)                All roads and streets not to be dedicated for public use shall be marked "private"

 

(4)                All Private Roads shown on this Plat may not be dedicated to or accepted by the Town of Menasha until such time as the road or street in question is constructed to Town of Menasha specifications in effect at the time of dedication or acceptance, and further that the cost of such construction shall be borne by the abutting property owners. (This shall be noted on the face of the Final Plat.)

 

(e)                Site Conditions

 

(1)                The final plat shall show all existing buildings, watercourses, drainage ditches and other existing features

 

(2)                It shall also show the water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations thereof.  All elevations shall be referred to some permanent established datum plane

 

(f)                 Certificates to Accompany Plat

 

(1)                To entitle a final plat to be recorded, the following certificates shall be lettered or printed thereon:

 

(a)                Surveyor's Certificate of compliance with Statutes

 

(b)                A clear and concise description of the land surveyed, divided and mapped

 

(c)                Owner's Certificate

 

(d)                Certificate of taxes paid

 

(e)                Approval certification of the various approving authorities

 

(f)                 Local Clerk's certification that plat has been submitted as required by law

 

(4)                Drainage Plan Requirements

 

(a)                In order to insure positive drainage from all lots within each proposed block, so that no surface water will pond within the block, the subdivider shall submit at the time of the preliminary plat review a drainage plan for each block within the proposed subdivision as well as reasonable distance beyond the subdivision limits.

 

(b)                The drainage plan shall have been prepared by a Registered Professional Engineer, Registered Land Surveyor, or Registered Architect licensed by and in the State of Wisconsin

 

(c)                The drainage plan shall contain the following:

 

(1)                Scale, north point and date of preparation

 

(2)                The number of acres draining into the subdivision and the number of acres in the subdivision

 

(3)                Lot numbers corresponding to the plat

 

(4)                Direction of flow indicated by arrows on all lot lines, grades along the lot lines, elevations of break points along lot lines, and the distance from the nearest lot corner to the break point

 

(5)                Proposed easements which will be on the final plat

 

(6)                Contour information shall be provided in the drainage plan at vertical intervals of not more than 2-feet, where the slope is less than 10%, and not more than 5-feet, where the slope is greater than 10%.  All elevations shall be based on the verified datum plan of the USGS

 

(7)                Reference to an established USGS bench mark

 

(8)                Acres to be filled showing the depth of fill, existing elevation and proposed elevation

 

(9)                Typical proposed street and ditch cross sections

 

(10)            Culvert sizes, where applicable

 

(11)            Where a development is to be serviced by a storm sewer or sump pump shallow collector sewer, the size of pipe, proposed elevations, discharge points, inlets and lateral size shall be indicated

 

(12)            Area where water is to be discharged from the subdivision and the proposed amount of discharge

 

(13)            The final grade elevations and grade of the drainage ways in percent slope shall be provided along the front, rear and side yard lot lines.  Each lot shall have an established grade identified at each corner of the lot or parcel and at any change in grade or slope along the front, rear and side yard lot lines and for the proposed house top of foundation

 

(14)            The subdivider shall include in the deed restrictions that permanent lawns be established with permanent lawns in conformance with the lot drainage plan elevations within one (1) year after initial occupancy of any house

 

(15)            Any other information which shall be required by the Town Engineer

 

(d)                A reproducible transparency of the final drainage plan shall be supplied to the Town Planner prior to the approval of the final plat.

 

(e)                Where the drainage plan requires a storm inlet to adequately drain the rear portion of lots within blocks of the subdivision, the subdivider shall incorporate restrictive covenants in the deeds for the aforementioned lots that the respective lot owners shall be responsible for maintaining a clear grate on the aforementioned storm drainage inlets.

 

 

DESIGN STANDARDS

 

6.21          LOCATION OF SITE

 

(1)                General Plan.  The location and design of any subdivision or other division must conform to any applicable comprehensive plan, or segment thereof, prepared and adopted.

 

(2)                Zoning.  The use of land in a subdivision or as described by a certified survey map must conform to any applicable municipal, town or county zoning ordinances, however, larger lots may be required where conditions warrant.

 

(3)                Objectionable Areas.  Land subject to hazards of life, health, or property as may arise from fire, floods, disease, noise, falling aircraft or considered to be uninhabitable for other reasons, may not be subdivided for building purposes unless the hazard has been eliminated or the plans show adequate safeguards correcting the hazards.

 

(4)                Nearby Development.  A subdivision shall be coordinated with existing nearby development or neighborhoods so that the area as a whole shall be developed harmoniously in a coordinated manner.

 

 

6.22          DESIGN OF SITE

 

(1)                Natural Features

 

(a)                Preservation.  In all divisions of land, care shall be taken to preserve all natural and historic features which will add attractiveness and value to the remainder of the land being divided (i.e., trees, water courses, views, historic structures).

 

(b)                Hillside Development.  Where a division of land is on a site that has a slope of more than 12%, the Town Planning Commission may require larger lot sizes than are zoned and may reduce setback requirements upon proper appeal.  If a building site has a slope in excess of 12%, on-site absorption systems may not be permitted.

 

The subdivider should encourage by use of covenants, etc. a variety of dwelling types and development suitable to the site.

 

(c)                Water Frontage and Surface Drainage.  The damming, filling or relocating or otherwise interfering with the natural flow or surface water along any surface water drainage, channel or natural water course shall not be permitted except with approval of the Town Planning Commission or any other affected agency.  Building setback lines shall be established no less than 75 feet from the high water line of any stream, lake or water body to prevent construction of any structure other than a dam, bridge, boathouse or revetment in the setback area.

 

Lots contiguous to any stream, lake or water body shall be designed with sufficient buildable area so that the lowest floor of any building be at least two (2) feet above the ordinary high water line. (See Winnebago County Shoreland Ordinance requirements for lot size, setbacks, well location, location of on-site absorption systems, etc.)

 

(d)                Planting Screens.  The Town shall require planting of buffering easements, extra lot depth or width alongside heavily traveled highways where lots are backed into the roadway; along zoning district lines; as buffer strips separating residential zoning districts from commercial or industrial land uses; as buffer zones along railroad right-of-way; or for any such use as may be deemed appropriate and consistent with the total development of the community.

 

(2)                Street Arrangement

 

(a)                Location Principles.  The streets shall be properly located and designed with regard to:

 

(1)                Existing and planned streets

 

(2)                Topographic conditions

 

(3)                Public convenience and safety including facilitating fire protection and pedestrian traffic

 

(4)                The proposed uses of land to be served by the streets

 

(5)                Anticipated traffic volumes

 

(6)                Further subdivision possibilities with suitable access to abutting properties

 

(7)                Any other principles as may be deemed significant to protect the public interest by the Town.

 

(b)                Coordination of Existing Street Pattern.  The arrangement, character, extent, width, grade, location and engineering specifications of all streets shall conform to local planning commission standards; the standards of this ordinance, adopted municipal or county plans and any official highway maps.  If there are no comprehensive plans or an official map, the arrangement of streets in a division of land shall provide for the continuation or appropriate projection of existing streets into surrounding areas, subject to topographic conditions, public convenience, safety, and proposed uses of land to be served.  Where a subdivision borders on or contains a railroad right-of-way, the commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land.  Such distances shall also be determined with regard for the requirements of approach grades and future grade separations.

 

(c)                Subdivision Abutting Arterials.  Where a proposed subdivision abuts or contains an existing or proposed street right-of-way of primary classification as designated on the "Official Map" of the Town, or as may be determined by the Commission, adequate protection of existing or proposed development and limitation of access and separation of through and local traffic shall be handled as follows:

 

(1)                Reverse frontage . . . with screen planting contained in a nonaccess reservation along the rear property line

 

(2)                By frontage streets

 

(3)                By having development front on a perpendicular street to the primary right-of-way

 

When the proposed subdivision backs upon the right-of-way of an existing or proposed limited access highway or a railroad, a planting easement at least fifteen (15) feet in width shall be provided adjacent to normal lot depth.  This easement 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 and shrubs, the building of structures hereon prohibited."

 

Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street and highway, said intersection shall be located a minimum distance of two-hundred and fifty (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)                Street Design

 

Arterial Street.  Provides for movement of through traffic from one area of the Community to another.

 

Collector Street.  Carries traffic between minor streets and arterial streets and also provides access to abutting, properties.

 

Minor Street.  Primarily provides access to abutting properties.  Does not serve through traffic and does not intersect with arterial streets.

 

Cul-de-sac.  Cul-de-sac, designed as permanent installations should not be longer than 1000 feet, except where topographical and particular conditions warrant an extension, and will be subject to the approval of the Commission.  The closed end shall have a turnaround with an outside roadway diameter of at least 90 feet, and a street property line diameter of 120 feet.

 

Alley.  Alleys shall be provided in commercial and industrial districts, except that the Commission may waive this requirement, where other definite and assured provision is made for service access such as off-street loading and parking adequate for the uses proposed.  Alleys shall be prohibited in residential areas unless necessary because of topography or other exceptional circumstances.  The width of the alleys shall not be less than thirty (30) feet.  Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end, as determined by the Commission.

 

Half-Streets.  Half-streets shall not be permitted except:

 

(1)                To complete a street, the other half of which is already dedicated and accepted

 

(2)                To conform to the major thoroughfare plan or an official map

 

Reserve Strips.  Reserve strips controlling access to streets shall be prohibited except where the control is definitely placed with the Town under conditions approved by the Planning Commission.

 

(e)                Intersection: Streets shall be laid out so as to intersect at right angles.

 

Intersection approach areas should not exceed a grade of 2% on all approaching streets for a distance of 50 feet from the intersecting points of the right-of-way lines.

 

The minimum turning radius at an intersection shall not be less than 25 feet.

 

Proper sight line easements shall be maintained at all street intersections.  Measured along the centerline, there shall be a clear sight triangle easement with sides as follows: State and Federal Highways, 250 feet; arterial streets, 150 feet; collector streets, 75 feet; minor streets, 75 feet.

 

No building, fencing, planting or construction is permitted in this area, nor plantings higher than three (3) feet.

 

The distance between intersections of minor or collector streets with arterials should not be less than 800 feet, and they shall be in alignment with existing and planned streets entering the arterial from the opposite side, unless approved by the Town Planning Commission.  In no case shall intersection centerlines be offset less than 125 feet.

 

(f)                 Street Grades.  Streets shall have a minimum centerline grade of 6% and shall not exceed grades specified as follows: arterial and collector streets, 8% maximum; minor street, 10% maximum.  These figures can be adjusted where deemed necessary by the Town.

 

All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to fifteen (15) times the algebraic difference in the rates of grade for major streets, and one half (1/2) this minimum for all other streets.

 

(g)                Widths.  All street rights-of-way shall be the width specified by local ordinance.  Where no local or county ordinance applies, the provisions of Section 236.15(2) of the Wis. State Stats. shall apply and the Commission shall impose minimum standards as established by Section 86.26, Wis. State  Stats. for improvements on Town roads.

 

(h)                Curves.  A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.  The minimum radii or curvature on the centerline shall be 300 feet minimum radius for arterial streets; 200 feet minimum radius for collector streets; and 100 feet minimum radius for minor streets.

 

(3)                Easements.  Easements across lots or centered on rear or side lot lines shall be designed for utilities where necessary and shall be at least fifteen (15) feet wide.  Electric and telephone lines shall be planned along rear lot lines wherever possible.  The Planning Commission shall determine the feasibility of burying utility lines.  Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way not less than thirty (30) feet in width, conforming substantially with the lines of such water courses.  Parallel streets or parkways may be required in connection therewith.

 

(4)                Storm Drainage.  Storm sewers, culverts and related facilities shall be designed to permit the unimpeded flow of natural water courses; insure the drainage of all low points along the line of streets; provide positive drainage away from on-site sewage disposal facilities.  Storm drainage facilities must be designed not only to handle the anticipated peak discharge from the property being subdivided, but also the anticipated increase in run-off that will occur when all the property at a higher elevation in the same drainage basin is fully developed.  Where adequate existing storm sewers are readily accessible, the subdivider shall connect his storm water facilities to these existing sewers.  In the design of storm drainage facilities, special consideration shall be given to preventing excess run-off onto adjacent property.  Where a storm drainage outlet will abut another property, sufficient and adequate engineering safeguards shall be designed in the plat to prevent damage to adjoining property.  Sloped drainage channels must be protected against erosion.

 

(5)                Sanitary Sewers.  In areas that have a sanitary sewer system on or near the proposed subdivision, the Town shall determine the feasibility of service and the requirements to be followed by the subdivider.  In areas that are not to be served by a sewer system, on-site subsurface sewage disposal systems shall be permitted only where soil tests and feasibility reports the satisfactory as regulated by the Wisconsin State Board of Health (Sections 4-55, 4-62, and 45).

 

(6)                Water Facilities.  Where there is an existing public water supply system on or near the subdivision, the Town shall determine the feasibility of connection to this system.  Where there is a community water supply system, connection must be approved by the engineer of the water utility company holding the franchise covering the land to be subdivided and by the Wisconsin State Department of Health and Social Services.  Where there is no existing public water supply and no community water supply, individual water supply systems will be permitted in accordance with minimum standards, approved by the Wisconsin State Division of Health Department of Health and Social Services, Section H-55.04 of the Wisconsin Administrative Code.

 

(7)                Blocks.  The lengths, widths and shapes of blocks shall be determined by: provisions for building sites suitable to meet the needs of the type of use contemplated; zoning ordinance requirements pertaining to lot size and dimensions; needs for convenient access, circulation, control and safety of street traffic; limitations and opportunities of topography.  Block lengths shall normally not exceed one thousand eight hundred (1,800) feet, or be less than one thousand (1,000) feet in length.  Pedestrian easements or dedications, not less than ten (10) feet wide, shall be required where deemed necessary to provide access to playgrounds, schools, shopping centers, or other community facilities.

 

(8)                Lots and Building Location.  The lot size, width, depth, shape, orientation and the minimum building lines shall be appropriate for the location of the subdivision and for the type of development and use proposed.  Lot dimensions shall conform to the requirements of the local zoning ordinance, or as may be determined by soil capability ratings, and by the County Shoreland Ordinance.  Corner lots shall have increased width to permit adequate setback from and a dentation to both streets.  Every lot in a subdivision shall abut on a public street for at least thirty (30) feet; however, under special conditions, access to a lot may be provided by a private right-of-way if deemed appropriate by the Commission.  Side lot lines shall be substantially at right angles to the street lines.  Double frontage shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome particular topographic and orientation disadvantages. inhere any lot is to be filled more than six (6) inches above the adjacent property, a grading plan must be approved by the Planning Commission.

 

(9)                Filling.  Where any land is to be filled more than six (6) inches above an adjacent property, a grading plan must be approved by the Planning Commission.

 

(10)            Street Names.  No street names shall be used which will duplicate or be confused with the name of an existing street within the same community.  Streets that are extensions, or obviously are in alignment with existing named streets, must bear the names of those streets.  Street names must be approved by the local community.

 

(11)            Commercial and Industrial Areas.  In these areas, the land division shall be designed with consideration of site conditions to permit the best possible layout to serve the public; to permit good traffic circulation and the parking of cars; to make delivery and pickup efficient; to design individual units so that they blend with the whole; to provide for the most efficient arrangement of space for present use and future expansion; and to provide adequate and safe space for worker and customer access and parking.  A development plan of this nature shall be accompanied by a plan indicating general landscape treatment intended.

 

REQUIRED IMPROVEMENTS

 

6.23          SURVEY MONUMENTS

 

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

 

6.24          GRADING

 

(1)                The subdivider shall grade the subdivision in accordance with the drainage plan required per Chapter 31.

 

(2)                After the installation of temporary block corner monuments by the subdivider and establishment of street grades, 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 right-of-way to sub grade.

 

6.25          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.

 

6.26          CURB AND GUTTER

 

After the installation of all utility and storm water drainage improvements, the subdivider shall construct concrete curbs and gutters in accordance with plans and standard specifications approved by the Town Engineer.  These requirements may be waived where a permanent rural section has been approved by the Town Board.  Wherever possible, provisions shall be made at the time of construction for driveway access curb cuts.

 

6.27          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 plans and standard specifications approved by the Town Engineer.

 

6.28          SIDEWALKS

 

The Town may require sidewalks where it deems necessary in accordance with plans and standard specifications approved by the Town Engineer.

 

6.29          PUBLIC SANITARY SEWERAGE AND PRIVATE SEWERAGE DISPOSAL SYSTEMS

 

The subdivider shall construct sanitary sewers in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision.  If public sewer facilities are not available, the subdivider shall make provisions for adequate private sewage disposal systems as specified by the Town and Wisconsin State and County Boards of Health.  The Town Planning Commission may require the installation of sewer laterals to the street lot line.  If, at the time of final platting, sanitary sewer facilities are not available to the plat, but will become available within a period of five (5) years from the date of plat recording, the subdivider shall install or cause to be installed sanitary sewers and sewer laterals to the street lot line in accordance with this section and shall cap all laterals as may be specified by the Town Engineer and Town of Menasha Utility District.  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 Town Engineer and Town of Menasha Utility District.

Subdivider shall assume the cost of installing all sanitary sewers.

 

6.30          STORM WATER DRAINAGE FACILITIES

 

The subdivider shall construct and assume the cost of all required storm water drainage facilities, which may include curbs and gutters, catch basins and inlets, culverts, storm sewers, road ditches and open channels, as may be required to meet the minimum requirements and standards of Chapter 31, Storm Water Drainage Standards.  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 sub divider's engineer, so as to be in conformance with the requirements and standards of Chapter 31.

 

Should any subdivision disrupt any drainage courses, the subdivider is responsible for relocating this course to the satisfaction of the Town Engineer and, if applicable, the appropriate state, county or local agency and allowing the natural flow of storm water.

 

Storm drainage facilities shall be so designed as to present no hazard to life or property; and the size, type and installation of all storm water drains and sewers proposed to be constructed shall be in accordance with the plans and standard specifications approved by the Town Engineer.

 

6.31          PUBLIC WATER SUPPLY FACILITIES

 

The subdivider shall construct water mains in such a manner as to make adequate water service available to each lot within the subdivision.  If municipal water service is not available, the subdivider shall make provisions for adequate private water systems as specified by the Town and Wisconsin State and County Boards of Health.  The Town Planning Commission may require the installation of water laterals to the street lot line.  The size, type, and installation of all public water mains proposed to be constructed shall be in accordance with plans and standard specifications approved by the Town Engineer and Town of Menasha Utility District.

 

The subdivider shall assume the cost of installing all water mains.

 

6.32          OTHER

 

The subdivider shall cause gas, electrical power and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision.  No such electrical or telephone service shall be located on overhead poles along the front lot lines unless otherwise allowed due to exceptional topography or other physical barrier.  The subdivider shall consult with the various utility companies to determine the feasibility of burying utility lines.

 

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 particular utility having jurisdiction.

 

6.33          STREET LAMPS

 

The subdivider may have street lamps installed of a type acceptable to, and in accordance with, plans and standard specifications set by the Town Park Commission and/or Town Planning Commission and the applicable utility company, and only after Town Board approval.

 

6.34          STREET NAME SIGNS

 

The subdivider shall install at the intersection of all streets proposed to be dedicated a street name sign of a design specified by the Town.

 

6.35          STREET TREES

 

The subdivider may plant trees of a species acceptable to, and in accordance with, plans and standard specifications set by the Town Park Commission and/or Town Planning Commission.

 

6.36          LOT GRADING

 

The subdivider shall grade lots in accordance with the drainage plan required per Chapter 31.

 

 

CONSTRUCTION

 

6.37          COMMENCEMENT

 

No construction or installation of improvements shall commence in a proposed subdivision until the final plat has been approved and the Town Engineer has given written authorization, and only after required sureties have been accepted by the Town.

 

6.38          BUILDING PERMITS

 

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

6.39          PLANS

 

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

 

(1)                Street Plans and profiles showing existing and proposed grades, soil conditions, elevations and cross sections of required improvements

 

(2)                Sanitary sewer plans and profiles showing the locations, grades, sizes, elevation and materials of required facilities

 

(3)                Storm sewer plans and profiles showing the locations, grades, sizes, cross sections, elevations and materials of required facilities

 

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

 

(5)                Planting plans showing the locations, age and species of any required street trees

 

(6)                Additional special plans or information as required

 

6.40          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 release of the sureties.

 

6.41          PLANNED UNIT DEVELOPMENT

 

(1)                Purpose.  The purpose of the Planned Unit Development and applicable regulations is to encourage desirable, quality development through greater flexibility and design freedom than that permitted under the basic regulations.  For projects conceived and implemented as comprehensive and cohesive developments, these regulations are established to permit and encourage diversification, variation and imagination in the relationship of uses, structures and heights of structures; encourage the preservation of open space; and encourage more rational, economic development with respect to the provisions of public services.  Any development approved hereunder must conform to the use designated by Winnebago County Zoning Regulations.

 

(2)                General Provisions

 

(a)                Qualification as an Applicant. Applicants for a Planned Unit Development can be an individual, firm, trust, partnership, public or private association or corporation.  At the time of application for preliminary approval, the applicant must demonstrate the ability to eventually exercise single ownership of the planned area. Prior to final approval, the applicant must acquire the entire planned area and place it in his/her singular ownership.

 

(b)                Engineering Design Standards.  Normal standards or operational policy, regarding right-of-way widths, provision for sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a Planned Unit Development, but precise standards satisfactory to the Town Planning Commission, pursuant to the criteria as set forth in subsection (3) hereof shall be made a part of the approved plan and shall be enforceable as a part of this ordinance.

 

(c)                Guarantee of Performance.  At the time final approval is given, the developer shall enter into an appropriate agreement, through contract and performance bond, with the Town insuring the completion of the proposed development in accordance with the plan and approvals given.  Specific application of the performance bond shall be determined by the Planning Commission within the review process and approved by the Town Board.

 

(d)                Failure to Comply.  Failure to comply with conditions, commitments, guarantees or recommendations established in the approval of such development project shall be cause for rescinding the approval of the same.  Upon notice given by the Building Inspector, the developer then shall be required to appear before the Planning Commission, at its next meeting, to explain any such failure to comply.

 

The Planning Commission at such meeting may set a time limit for compliance or recommend specific steps to be taken to rescind the approval of the development, including the termination of the construction of any buildings of such site upon 30 days notice in writing to the developer at his/her last known address.  Termination may be done only on approval of the Town Board.

 

(3)                Criteria for Approval.  As a basis for determining the acceptability of a Planned Unit Development, the following criteria shall be applied to the development plan with specific consideration as to whether or not it is consistent with the spirit and intent of this ordinance, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.

 

(a)                Character and Intensity of Land Use.  In a planned development the uses proposed and their intensity and arrangement on the site shall be of visual and operational character which:

 

(1)                Is compatible to the physical natural of the site with particular concern for preservation of natural features, tree growth and open space

 

(2)                Would produce an attractive environment of sustained aesthetic, ecological desirability, and functional practicality compatible with the general development plans for the area as established by the community

 

(3)                Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it

 

(b)                Economic Feasibility and Impact.  The proponents of a planned unit development shall provide satisfactory evidence of its economic feasibility and, if available, adequate financing.

 

(c)                Engineering Design Standards.  The width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for storm water drainage or other similar environmental engineering consideration shall be based upon a determination as to the appropriate standards necessary to implement the specific function in the specific situation, provided, however, that in no case shall minimal construction standards be less than those necessary to insure the public safety and general welfare.

 

(d)                Preservation and Maintenance of Open Space.  In a Planned Unit Development adequate provision shall be made for the permanent preservation and maintenance of common "open space" either by private reservation or by dedication to the public.

 

(1)                In the case of private reservation, the open area to be reserved shall be protected against the building development by conveying to the Town as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences.  Buildings for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only when specifically authorized as part of the development plan, or, subsequently with the express approval of the Town Board following approval of building, site and operational plans by the Planning Commission.

 

(2)                The care and maintenance of such open space reservations shall be assured by establishment of an appropriate management organization for the project.  The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final development plan and shall be included in the title to each property.

 

(3)                Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the Town Board and made a part of the conditions of the plan approval.

 

(e)                Implementation Schedule.  The proponents of a Planned Unit Development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Planning Commission, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

 

(4)                Procedure for Approval.  The procedure for approval of a Planned Unit Development shall be comprised of the following stages:

 

(a)                Initial discussion with the Planning Commission to determine general feasibility of the Planned Unit Development

 

(b)                Preliminary approval of the plan in principal only by the Town Board after referral to the Planning Commission, the Planning Commission shall hold a public hearing on the plan and shall refer the plan back to the Town Board for the said preliminary approval

 

(c)                Final approval of the plan in all its terms and details by the Town Board based on consistency with the preliminary plans as approved

 

(5)                Preliminary Approval

 

(a)                A person desiring to develop a particular site as a Planned United Development shall inform the Planning Commission of such desire and shall secure a date for a preliminary discussion with them.  Prior to such discussion, the plans shall be referred to the Town Board for approval in principal only.

 

(b)                The Planning Commission at such meeting shall set a date for a formal public hearing at the earliest possible date, after which they may approve or disapprove of the district as presented and refer the plan to the Town Board for final approval under Section (6) of this ordinance.

 

(c)                The following information shall be provided by the applicant in adequate detail to satisfy the Planning Commission and the Town Board for preliminary approval.

 

(1)                A statement describing the arterial character of the intended development.

 

(2)                An accurate map of the planned area, including its relationship to surrounding properties and existing topography within 300 feet of the district's boundaries.

 

(3)                A general development plan of the proposed district showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsection (3) of this ordinance.

 

(a)                The pattern of public and private roads, driveways, and parking facilities.

 

(b)                The size, arrangement, and location of lots and/or proposed building groups.

 

(c)                The type, size and location of structures.

 

(d)                The location of sewer and water mains.

 

(e)                The location of recreational and open space areas and areas reserved or dedicated for public uses such as school, park, etc.

 

(4)                Appropriate statistical data on the size of the development, residential density, ratio of various land uses, and any other data pertinent to an evaluation under the criteria of Subsection 3.

 

(5)                Architectural drawings and sketches illustrating the design and character of proposed structures.

 

(6)                General outline of intended organizational structure related to property owner’s association, deed restrictions and private provision of common services.

 

(6)                Final Approval

 

(a)                If the Town Board has approved the proposed plan in principal (and the Planning Commission has approved), pursuant to the provisions of Subsections 4 and 5, the developer may file with the Town Clerk a petition executed by the owner of the property to be developed, or his agent, for the required final approval, stating that he/she seeks to develop such property under the provisions of this Section.  Such petition shall included:

 

(1)                The names of the owners and developers of the development site and the mailing addresses and telephone numbers of all parties.

 

(2)                A plat of survey of the Planned Unit Development with a recordable legal description, including all existing utilities and recorded easements.  The plat of survey shall conform to Chapter 236 of the Wis. State Stats. (and Chapter 703 of the Condominium Ownership Act). [Revised 8/84]

 

(3)                A copy of any declaration of covenants and restrictions which govern the use, maintenance, and continued protection of the Planned Unit Development.  Each development must meet all requirements of State Statute 703, and file a copy of their "Condominium Declaration" and any bylaws governing the administration of properties subject to the Unit Ownership Act. [Revised 8/84]

 

(4)                A scale plot plan showing the location, type and size of existing structures (within the planned unit development area and within 300 feet of said area’s external boundaries) and of every proposed structure and its proposed use; also driveways, driveway access roads, parking facilities, lighting appliances, recreation areas, open spaces, screening, fencing and landscaping areas.

 

(5)                A topographic map with two foot contour intervals showing all public rights-of-way and building locations.  Said map shall also indicate all utility lines, storm water drainage ways (including capacities and high water elevations along streams), and any easements therefore.

 

(6)                Building plans and architectural drawings of all structures in sufficient detail such that the use of each floor and the bulk and aesthetic nature of the building can be determined.

 

(7)                A statistical table indicating the size of the site in square feet, and acreage, percentage of open areas, dwelling unit densities, and approximate costs of individual structures.

 

(8)                A statement indicating the number of stages, if more than one is intended, to be used in constructing the development, the time limit for completion of each stage, and a description of the real property to be included in each stage.  If more than one stage is proposed, a plot plan shall be provided indicating the physical location of each stage.

 

(9)                A fee of $50.00 shall accompany the petition.

 

(7)                Subsequent Change in the Plan.  Any subsequent change in the plans as finally approved shall first be submitted to the Planning Commission, and if in their opinion such change constitutes a substantial alteration of the original plan, the plans shall be resubmitted subject to approval procedures outlined in Subsection (4).

 

(8)                Effect of Approval by the Town Board.  Final approval of the Planned Unit Development does not constitute approval for the construction of new buildings or structures on the site. Separate approval shall be required for each building or structure upon application for a building permit from the Town Building Inspector who shall determine that the specifications set forth in the approved plan have been and will be complied with.

 

6.42          PARK IMPROVEMENT [Amended March 22, 2004]

 

                        Justification for the park improvement fee stems from the fact that all residents of new development have the opportunity to use the existing park system, which has been developed through previous budgetary means. In order that adequate open spaces and sites for public uses may be properly located and preserved as the community develops; and in order that the cost of providing the park and recreational sites and facilities necessary to serve the additional families brought into the community may be most equitably apportioned on the basis of the additional need created by the construction and occupancy of new dwellings, the following provisions are established:

 

(1)                Dwelling Unit Fee Established.  A dwelling unit fee is hereby established in the sum of $300.00 per dwelling unit, fee shall be assessed under the terms of this ordinance.  Before the issuance of a building permit, the contractor or subdivider or other person requesting a building permit shall be required to show proof of payment of the fee before the building permit is issued. Fees shall be adjusted December 31 of every year to be effective January 1 of each fiscal year based on the North Central Region Consumer Price Index, September percent change, or three percent (3%), which ever is greater.  [Effective 1/1/90, Amended 3/22/04]

 

(2)                Dwelling Unit Defined.  For purposes of this ordinance, "dwelling unit" shall be defined as, "the building or group of rooms within a building where one person or a group of persons resides as a family unit."

 

(3)                Park Improvement Fund. The fees received by the Town shall be placed in a separate non-lapsing account (Park Improvement Fund), separate from the Town General Fund.  The Park Improvement Fund shall be used for the development of new parklands and open space; and/or the redevelopment and improvements of existing parklands and open spaces.  [Effective 1/1/90, Amended 3/22/04]

 

6.43          (ZONING & CODE VARIANCE’S) REGISTRATION REQUIRED

 

Any Zoning or Code Variance granted on land located in the Town of Menasha shall be filed with Winnebago County Register of Deeds using the following form:

 


 

TOWN OF MENASHA

 

WINNEBAGO COUNTY, WISCONSIN

 

 

RE:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________     

 

 

The Town Board of Supervisors of the Town of Menasha hereby gives notice to the public and in particular to the new owner, or any subsequent owner of the above described real estate, that a Zoning or Code Variance, has been granted, in favor of the above described real estate and that such Variance may have an adverse affect, in the future, upon the ability to resell, repair or replace any leasehold improvement upon the above described real estate.

 

 

The Zoning Variance in this matter is as follows:

 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

 

Any property owner or interested subsequent property owner of the above described real estate should consult with the Town of Menasha, and the Winnebago County Zoning Coordinator to determine the affect of the granted Variance upon the above described real estate.


6.44          TOWN OF MENASHA OFFICIAL STREET, ROAD, HIGHWAY, PARK, PARKWAY, WATERWAY, RIGHT-OF-WAY, ETC., MAP

 

(1)                Intent

 

It is the intent of the Town of Menasha Board (Town Board) to establish an Official Map for the purpose of serving and promoting, the public health, safety, convenience, economy, orderliness and general welfare of the Town; to further the orderly layout and use of land; to stabilize the location of real property boundary lines; to insure proper legal descriptions and proper monumenting of land; to facilitate adequate provision for transportation, parks, playgrounds, storm water drainage, and waterways; and to facilitate the further subdivision of larger tracts into smaller parcels of land.

 

(2)                Authority

 

This ordinance is enacted under the authority of Chapters 60, 62, and 236 of the Wis. State  Stats., 1983-1984 as amended.

 

(3)                Official Map

 

The Official Map shall show the location and extent of all platted and existing streets, highways, parkways, parks and playgrounds, waterways, and railroad rights-of-way within the corporate limits of the Town of Menasha as heretofore laid out, adopted, and established by law, and shall be deemed conclusive in respect to location and width.  There is hereby established as the Official Map of the Town of Menasha, the Map which accompanies and is made a part of this ordinance bearing the date of January 26, 1987.  This map is hereby designated as the "Official Map of the Town of Menasha," and all notations, references and other information shown thereon shall be as much a part of this ordinance as though the matters and information thereon were fully described herein.

 

(4)                Changes and Additions

 

The Town Board may change or add to the Official Map so as to establish the exterior lines of; widen; narrow; extend; or close any platted, existing, proposed or planned streets, highways, parks, playgrounds, waterways, or railroad rights-of-way.

 

The Town Board shall refer any change or addition to the Official Map to the Town Planning Commission for review and recommendation thereon prior to adoption. The Planning Commission shall report their recommendation to the Town Board within sixty (60) days.

 

A Public Hearing of parties in interest and citizens before the Town Board shall be required before any changes or additions to the Official Map are effective.  Notice of the Public Hearing shall be given as a Class 2 notice under Chapter 985. Changes and additions made by duly approved subdivision plats and Certified Survey Maps shall not require the public hearing if the change or additions do not affect any land outside the subdivision or certified survey map.


(5)                Building Permits

 

For the purpose of preserving the integrity of the Official Map, a building permit shall be required for any structure or part thereof that shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered. No permit shall hereafter be issued for any building in the bed of any existing or proposed street,  highway shown on the Official Map.  No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on this Map.

 

(6)                Municipal Improvements

 

No public sewer, water, or other municipal street utility or improvement shall be constructed in any street or highway within the corporate limits of the Town of Menasha until such street or highway has been placed on the Official Map.

 

(7)                Appeals

 

The Town Board shall have the power to review any administrative decision of the Building Inspector to deny a permit for the erection of a structure under this ordinance and to grant relief from the requirements of this ordinance under the provisions of Sections 62.23(6)(e)(f)(g) of the Wis. State Stats.

 

(8)                Certified Copy of the Map

 

There shall be a certified copy of the Official Map described in Section 3. The certified copy shall be kept in the Office of the Town Clerk and shall be available for inspection by any interested person during regular office hours.  The certified copy shall bear on its face a certification that it is a true copy of the Official Map described in and accompanying this ordinance and shall show the date of adoption of this ordinance and shall be signed by the Town Chairman and countersigned by the Town Clerk.  Thereafter no change or addition to such Official Map shall become effective until it shall have been indicated by the appropriate convention on the aforesaid certified copy of the Official Map and a certificate placed thereon or attached thereto bearing the number and date of adoption of the amending ordinance.  The certificate shall be signed by the Chairman and countersigned by the Clerk.

 

(9)                Ordinance to be Filed with Register of Deeds

 

The Town Clerk shall be responsible immediately upon adoption of the Official Map or any amendments thereto for recording a true copy of the ordinance or amendment with the Register of Deeds of the County of Winnebago, Wisconsin.

 

(10)            Enforcement

 

It shall be the duty of the Town Building Inspector and the Police Chief to enforce the provisions of this ordinance.


 

(11)            Penalties

 

Any person, firm or corporation who fails to comply with the provisions of this ordinance shall, upon conviction thereof, forfeit not more than two hundred dollars ($200.00) and not less than fifty dollars ($50.00) and cost of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding thirty (30) days.

 

No damages shall be allowed for the taking by any Governmental agency, for street or highway purposes, any building erected in violation of this ordinance.

 

(12)            Severability and Conflict

 

If any section or part of this ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.  All other ordinances or parts of ordinances of the Town inconsistent with this ordinance to the extent of the inconsistency only are hereby repealed.

 

(13)            Effective Date

 

This ordinance shall be effective upon adoption by the Town Board and publication as provided by law.

 

 

6.45          SITE PLAN REVIEW

 

(1)                Intent and Purpose

 

(a)                The intent and purpose of this section is to establish a procedure which will enable the Town government to plan for and review proposed multiple family (3 family units or more), commercial, industrial and public developments and improvements.  Developments subject to review include all new construction of buildings, additions to existing buildings which alter the outside dimensions of the building or internal functioning of the site, and the development of or expansion of parking areas, including new or relocated signs.

 

(2)                Procedure

 

(a)                Whenever any person proposes to develop/redevelop any parcel of land within any of the aforementioned zoning districts, that person shall submit to the Town Planner a request for site plan approval.  Site plans will be reviewed by Town staff, including the Town Planner.  Site plans shall either be approved, approved with modifications, or denied by the Town Planner.

 

(b)                All required information will be submitted to the Town Planner for review and processing.  Within fifteen (15) working days after submittal, the Town Planner, after consultation with appropriate departments (Fire, Inspections, Sanitary, or any other determined to be appropriate) will approve, approve with modifications, or deny the request based upon applicable Town ordinances.

 

Upon approval or approval with modifications of a site plan, a building permit may be issued.

 

Any person displeased with a decision to grant or deny a site plan, may appeal to the Planning Commission.  The Planning Commission shall recommend approval or denial of the site plan to the Town Board.

 

Appeals will be heard using the evidence and information presented by the agenda deadline date of the next Planning Commission meeting and in accordance with current Town ordinances.  All appeals shall be made in writing to the Planning Department within 15 days of the decision of the Town Planner.  The Town Board shall then take final action on the appeals.

 

(3)                Required Information

 

Site plans which are submitted to the Town of Menasha for review shall be drawn to an appropriate scale and will include as a minimum the following items of information, unless otherwise waived by the Planner:

 

(a)                Date of preparation, north point, and scale.

 

(b)                Person(s) or firm preparing the site plan.

 

(c)                Legal description and address of the property to be developed.

 

(d)                Zoning district, adjacent zoning and governmental jurisdictions if different than the zoning and governmental jurisdiction of the proposed development.

 

(e)                Existing and proposed grades or drainage patterns at a degree of accuracy necessary to adequately review the drainage of the site.

 

(f)                 Existing and proposed utility lines and easements.

 

(g)                Total number and types of buildings proposed, proposed uses for all buildings, total floor area of each building, and any other information which may be necessary to determine the number of off-street parking and loading spaces required by the zoning regulations.

 

(h)                Location, shape, exterior dimensions, and number of stories of each existing building to be retained and of each proposed building.

 

(i)                  All required yard setbacks.

 

(j)                  Location, grade, and dimensions of all existing and proposed paved surfaces and of all abutting streets.

 

(k)                Complete traffic circulation and parking plan showing the location and dimensions of all existing and proposed parking stalls, loading areas, entrance and exit drives, pedestrian access and walkways, transit access and loading areas, bicycle lanes, dividers, planters and other similar improvements.

 

(l)                  Location of fire hydrants, including location and size of water lines.

 

(1)                Location of existing and proposed fire hydrants and size of water main.

 

(2)                Identification of private fire protection features (sprinklers).

 

(3)                Identification of private fire detection features (alarms, detectors, etc.).

 

(m)              Location and type of any existing and proposed signs, and of any existing or proposed lighting on the property which illuminates any part of the required yard.

 

(n)                Location of existing trees 6” or larger in diameter.

 

(o)                Location, amount, and type of any proposed landscaping, fences, walls or other screening as required by the zoning regulations.

 

(p)                Soil tests and similar information if deemed necessary by the Planner.

 

(4)                Site Plan Review Method

 

(a)                Site plans shall be distributed to all necessary Town departments for comments.

 

(b)                The Town Planner shall take into consideration all department comments and shall either approve, approve with conditions, or deny the site plan.

 

(5)                Fees

 

(a)                Site Plan Review: $50.00 plus $3.00 per 1,000 square feet of building area excess of 10,000 square feet of building area. [Amended 7/8/02]

 

(b)                Site Plans Requiring Re-review: Shall be subject to the same fee as established for a review as indicated above.

 

                                              (c)                  Drainage: All site plans requiring drainage review shall be assessed a fee as set by resolution. [Amended Dec. 1, 2003]

 

(6)                Validity of Approval

 

(a)                The site plan shall become effective upon certification of approval by the Town Planner.

 

(b)                The approval of any site plan required by this section shall remain valid for one year after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced.  For the purpose of this ordinance, "actual construction" shall mean that the permanent placement of construction materials has started and is proceeding without undue delay.  Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of property, or stockpiling of materials on the site shall not constitute actual construction.


(7)                Violation

 

Construction of other activities contrary to the approved plan, or in the absence of an approved plan, shall be a violation of this section.

 

(8)                Penalty

 

Any person, firm or corporation who fails to comply with the provisions of this ordinance shall, upon conviction thereof, forfeit not more than two hundred dollars ($200.00) and not less than fifty dollars ($50.00) and cost of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding thirty (30) days.

 

No damages shall be allowed for the taking by any Governmental agency, for street or highway purposes, any building erected in violation of this ordinance.

 

 

6.46          COMMERCIAL VEHICLE PARKING [Adopted 1/2/95][Revised 12/2/02]

 

(1)                Definitions

 

(a)                "Commercial Vehicles" are defined as follows:

 

(1)                All trucks trailers and wagons which have tandem axles or two rear wheels per side designed to haul material other than people, or

 

(2)                Any bus. A bus is defined as any motor vehicle used or designed for transporting 15 or more passengers.

 

(2)                Commercial Vehicle Parking Prohibited in Residentially Zoned Districts

 

The parking of any commercial vehicle shall be prohibited on any portion of any residentially zoned district.  Specifically, there shall be no parking of commercial vehicles in any residentially zoned district in the Town of Menasha.

 

(3)                Exemptions

 

(a)                Temporary parking of commercial vehicles shall be allowed in residentially zoned districts where such parking of commercial vehicles is for the purpose of loading or unloading furniture, appliances and household belongings to or from any residence.  However, the parking of such commercial vehicle as described in this paragraph shall be limited to three consecutive days.

 

(b)                Temporary parking of commercial vehicles shall be allowed in a residentially zoned district for purposes of construction of any residence; however, such temporary parking shall be limited to three consecutive days.

 

(c)                Temporary parking of buses (no more than fifteen minutes) shall be allowed for the purpose of picking up and dropping, off passengers within the residentially zoned districts.


(d)                Parking of School Buses as defined in 340.01(56) shall be permitted within the driveway of the resident driver under the following rules:  [Added 12/2/02]

 

(1)    The vehicle may not overlap into the right-of-way.

(2)    The vehicle must be parked completely on the driveway pavement surface.

(3)    Parking is permitted only between the hours of 8:00 a.m. and 8:00 p.m.

(4)    Parking is limited to the driveway only.

 

(4)                Penalties

 

Any person, firm, corporation, business or entity who fails to comply with any provisions of this ordinance shall, upon conviction thereof, forfeit not more than $250.00 and not less than $25.00 plus the cost or prosecution for each violation; and, in default of payment of such forfeiture and cost shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days.  Each day of violation shall represent a separate violation of the ordinance as described herein.

 

6.47          PROCEDURES AND FEES FOR B-4 AND B-5 ZONING DISTRICT REVIEW [Effective 7/24/98]

 

(1)                Intent and Purpose

 

The intent and purpose of this section is to establish a procedure for review of B-4 Business Park District and the B-5 Planned Commercial Business District as allowed under the Winnebago County Town/County Zoning Ordinance.

 

(2)                Procedure

 

(a)                All uses allowed in the two zoning district shall be reviewed in accordance with the requirements of B-4 and B-5 zoning districts.

 

(b)                Application for any allowed uses shall be made to the Community Development Director at a time as specified by department policy for inclusion on the next Planning Commission agenda.

 

(c)                Application shall be made on forms supplied by the Community Development Department.

 

(d)                All applications shall include all required information as specified by the application and the B-4 or B-5 zoning district.

 

(3)                Fees

 

(a)                The fee for a B-4 or B-5 zoning district application shall be $75.00 plus $1.00 per one thousand square feet of building area in excess of 10,000 square feet and shall be payable upon submittal of the application.

 

(b)                Modifications of the use following action by the Town Board or failure to commence the project within a twelve (12) month time period following approval shall require a new review and shall be subject to a new application and fee.

 

 

(4)                Violation

 

Construction or other activities contrary to an approved use, or in absence of an approved use shall be in violation of this section.

 

(5)                Penalty

 

Any person, firm or corporation who fails to comply with the provisions of this section shall upon conviction thereof, forfeit not more than two hundred dollars ($200.00) and not less than fifty dollars ($50.00) and cost of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof buy not exceeding thirty (30) days.  Each day a violation exists or continues shall constitute a separate offense.

 

No damages shall be allowed for the taking by any Governmental agency, for street or highway purposes, any building erected in violation of this ordinance.


      EXHIBIT “A”

 

DESCRIPTION

for

TOWN OF MENASHA

Right-of-Way Westside Arterial

 

A 120 foot wide parcel of land being part of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4, and the Northwest 1/4 and Southwest 1/4 of the Northeast 1/4, and the Northwest 1/4 and Southwest 1/4 of the Southeast, and the Southeast 1/4 of the Southwest 1/4 Section 5, Town 20 North, Range 17 East, Town of Menasha, Winnebago County, Wisconsin containing 15.522 acres of land and described as:

 

Commencing at the South 1/4 Corner of Section 5;

Thence North 00°09’07” East 33.00 feet to the Point of Beginning on the North Right-of-Way Line of East Shady Lane; Thence North 00°09’24” East 186.69 feet;

Thence 396.61 feet along the arc of a 1136.23 foot radius curve to the right having an central angle of 19°59’58” and a long chord of North 10°09’23” East 394.60 feet;

Thence North 20°09’22” East 376.12 feet;

Thence 441.71 feet along the arc of a 1276.23 foot radius curve to the left having an central angle of 19°49’50” and a long chord of North 10°14’27” East 439.51 feet;

Thence North 00°19’32” East 1723.40 feet;

Thence 490.04 feet along the arc of a 1276.23 foot radius curve to the left having an central angle of 22°00’00” and a long chord of North 10°40’28” West 487.03 feet;

Thence North 21°40’28” West 950.68 feet;

Thence 436.30 feet along the arc of a 1136.23 foot radius curve to the right having an central angle of 22°00’04” and a long chord of North 10°40’26” West 433.63 feet;

Thence North 00°19’36” East 632.30 feet to the South Right-of-way Line of County Trunk Highway “BB";

Thence North 89°36’49” West 120 feet parallel with the North line of the said Northwest 1/4 of Section 8 along said -Right-of-way to a point being South 83°12’03" West 263.83 feet from the North 1/4 corner of said Section 5;

Thence South 00°19’36” West 632.42 feet;

Thence 482.38 feet along the arc of a 1256.23 foot radius curve to the left having an central angle of 22°00’04” and a long chord of South 10°40’26” East 479.42 feet;

Thence South 21°40’28” East 950.68 feet;

Thence 443.96 feet along the arc of a 1156.23 foot radius curve to the right having an central angle of 22°00’00” and a long chord of South 10°40’28” East 441.24 feet;

Thence South 00°19’32” West 1723.40 feet;

Thence 400.18 feet along the arc of a 1156.23 foot radius curve to the right having an central angle of 19°49’50” and a long chord of South 10°14’27” West 398.19 feet;

Thence South 20°09’22” West 376.12 feet;

Thence 438.49 feet along the arc of a 1256.23 foot radius curve to the left having an central angle of 19°59’58” and a long chord of South 10°09’23” West 436.27 feet;

Thence South 00°09’24” West 187.76 feet to the North Right-of-way Line of East Shady Lane;

Thence North 89°38’48”

East 120.00 feet along said Right-of-way to the Point of Beginning.


DESCRIPTION

for

TOWN OF MENASHA

Right-of-way Westside Arterial

 

A parcel of land being part of the Northeast 1/4 and Southeast 1/4 of Northwest 1/4, and the Southwest 1/4 of the Northeast 1/4, and the Northeast 1/4, Northwest 1/4 and Southwest 1/4 of Southeast 1/4, and the Northeast 1/4, Northwest 1/4 and Southeast 1/4 of Southwest 1/4 Section 8, Town 20 North, Range 17 East, Town of Menasha, Winnebago County, Wisconsin containing 35.267 acres of land and described as:

 

Commencing at the South 1/4 corner of Section 8;

Thence North 00°09’24" East 33.00 feet along the East line of the said Southwest 1/4 of Section 8 to the Point of beginning on the North Right-of-Way line of Jacobsen Road;

Thence continue North 00°09’24” East 255.86 feet;

Thence North 04°31’03” West 797.65 feet;

Thence North 60°33’59” West 406.31 feet;

Thence North 80°31’29” West 212.90 feet;

Thence South 89°59’13” East 679.50 feet along the South line of the officially mapped corridor of the U.S. Highway “10” relocation;

Thence North 00°09’24” East 200.00 feet;

Thence North 89°59’13” West 1485.00 feet along the North line of the officially mapped corridor of the U.S. Highway “10” relocation;

Thence North 79°08’17” East 1033.56 feet;

Thence North 65°45’01” East 390.37 feet;

Thence North 05°04’38” East 1239.79 feet;

Thence 161.10 feet along the arc of a 1156.23 foot radius curve to the left having an central angle of 07°58’59” and a long chord of North 10°51’10” West 160.97 feet;

Thence North 14°50’36” West 339.24 feet;

Thence 328.88 feet along the arc of a 1256.23 foot radius curve to the right having an central angle of 15°00’00” and a long chord of North 07°20’36” West 327.94 feet;

Thence North 00°09’24” East 1332.04 feet to the South Right-of-way line of East Shady Lane;

Thence North 89°38’48” East 120.00 feet along said Right-of-Way

line to the East line of the said Northwest 1/4 Section 8 being

South 00°09’24” East 33.00 feet from the North 1/4 corner of said Section 8;

Thence South 00°09’24” West 1333.11 feet along the East line of the said Northwest 1/4;

Thence-297.46 feet along the arc of a 1136.23 foot radius curve to the left having an central angle of 15°00’00” and a long chord of South 07°20’36” East 296.62 feet;

Thence South 14°50’36” East 339.24 feet;

Thence 235.69 feet along the arc of a 1276.23 foot radius curve to the right having an central angle of 10°34’52” and a long chord of South 09°33’10” East 235.35 feet;

Thence South 04°15’44” East 438.61 feet;

Thence South 05°40’11" East 738.82 feet;

Thence South 63°47’45” East 372.14 feet;

Thence South 78°42’43” East 1070.79 feet;

Thence South 89°58’42” West 1510.00 feet along the North line of the officially mapped corridor of the U.S. Highway "10"

relocation;


 

Thence South 00°09’24” West 200.00 feet;

Thence North 89°58’42" East 8'15.62 feet along the South line of the officially mapped corridor of the U.S. Highway "10"

relocation;

Thence South 79°36’09” West 360.90 feet;

Thence South 63°46’01” West 386.05 feet;

 

Thence South 05°02’42” West 1054.29 feet to the North Right-of-way line of Jacobsen Road;

 

Thence North 89°58’34” West 175.16 feet parallel with the South line of the said Southeast 1/4 of Section 8 along said Right-of-way line to the Point of Beginning.


DESCRIPTION for

TOWN OF MENASHA

Right-of-Way Westside Arterial

 

A parcel of land being part of the Northeast 1/4, and Southeast 1/4 of the Northwest 1/4, and the Northwest 1/4 of the Northeast 1/4, and the Northeast 1/4 and Southeast 1/4 of the Southwest 1/4, Section 17, Town 20 North, Range 17 East, Town of Menasha, Winnebago County, Wisconsin containing 33.788 acres of land and described as:

 

Commencing at the South 1/4 corner of Section 17;

Thence South 89°59’15” West 989.75 feet along the South line of the Southwest 1/4 of Section 17;

Thence North 00°00’28” West 33.00 feet to the Point of Beginning on the North Right-of-Way line of S.T.H. "150";

Thence South 89°59’15” West 220.00 feet along said Right-of-Way line to the Southeast corner of Winnebago County Certified Survey Map No. 201;

Thence North 12°20’14” West 93.66 feet along the Easterly line of said Certified Survey Map;

Thence North 00°00’27” West 65.50 feet along the Easterly line of. said Certified Survey Map;

Thence South 89°59’11” West 80.00 feet along the Northerly line of said Certified Survey map to the West line of the East 1/2 of the Southwest 1/4 of Section 17;

Thence       North 00°00’27” West 1821.05 feet along said line;

Thence       North 89°59’33” East 30.00 feet;

Thence       North 00°00’27” West 874.97 feet;

Thence       North 21°11’56” East 605.73 feet;

Thence       665.23 feet along the arc of a 1316.23 foot radius curve

to the          right having an central angle of 28°57’28” and a long

chord of North 35°40’41” East 658.17 feet;

Thence North 50°09’24” East 353.38 feet;

Thence 956.64 feet along the arc of a 1096.23 foot radius curve to the left having an central angle of 50°00’00” and a long chord of North 25°09’24” East 926.57 feet; Thence North 00°09’24” East 187.27 feet to the South Right-of-Way line of Jacobsen Road being South 17°01’21” West 34.51 feet from the North 1/4 corner of said Section 17;

Thence South 89°58’34” East 160.00 feet along said South Right-of-way line;

Thence South 00°09’24” West 187.64 feet;

Thence 1096.26 feet along the arc of a 1256.23 foot radius curve to the right having an central angle of 50°00’00” and a long chord of South 2500912411 West 1061.81 feet;

Thence South 50°09’24” West 353.38 feet;

Thence 594.25 feet along the arc of a 1156.23 foot radius curve to the left having an central angle of 29°26’52” and a long chord of South 35°25’58” West 587.74 feet;

Thence South 05°46’03" East 500.60 feet;

Thence South 00°00’28” East 500.00 feet;

Thence South 13°23’23” West 539.48 feet;

Thence South 00°00’28” East 1827.72 feet to the Point of Beginning.

 

McMahon Associates, Inc.

P.O. Box 1025

Neenah, WI  54957-1025

(920) 751-4200