Chapter 135
SUBDIVISION OF LAND
[HISTORY: Adopted
by the Town Board of the Town of Troy as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Plan Commission See Ch. 21, Art. I.
Building construction See Ch. 27.
Farmland and open space preservation See Ch.
52.
Impact fees See Ch. 70.
Mobile homes and mobile home parks See Ch.
92.
Roads and driveways See Ch. 125.
Utilities See Ch. 149.
Zoning See Ch. 170.
ARTICLE I
Subdivision
Regulations
[Adopted
2-13-1978, as amended through 11-4-2002]
§ 135-1. Statement of purpose and authority.
A. The purpose and intent of this article is to promote the public
health, safety and general welfare by regulating the subdivision of land in the
Town of Troy in a manner that will protect agricultural practices and land use
in the Town by directing nonagricultural development to locations less well
suited for agricultural uses and purposes. Agricultural and nonagricultural
development shall be regulated so as to occur in a well designed and orderly manner
and located so as to provide the best possible environment for those who live
and work in the Town. Adequate provisions shall be made for public services
required as a result of subdivision and/or development activity, and all
initial public improvements made necessary due to development and subdivision
activity shall be designed and constructed by developers at private expense and
in accordance with Town requirements. In this way, measured subdivision
activity can be accomplished in the Town in a way that preserves the most
productive and beneficial tracts of farmable land in the Town and that also
preserves the rural atmosphere of the Town by requiring and protecting adequate
open space in plats approved by the Town.
B. The primary use of land in the Town has historically been
agricultural. It is the central policy of this article to regulate new
nonagricultural development and subdivision activity in the Town in a manner
that preserves significant areas of prime farmland in the Town for agricultural
uses and preserves the right to farm, recognizing that viable development of
land for agricultural purposes and uses will occur on the large tracts utilized
under conventional agricultural practices and on smaller tracts where smaller
scale, more intensive or specialty agricultural activity, such as organic
farming, truck or market farming, specialty crops, specialty animals, hobby
farms, community-supported agricultural plots and the like, can be economically
successful agricultural uses, whether located on parcels larger or smaller than
35 acres in size. This central policy is served in this article by the
establishment of subdivision regulations that:
(1) Allow measured subdivision of land for residential uses while
preserving the desirable agricultural areas in the Town by creating incentives
and requirements intended to direct residential developments to areas less well
suited for agricultural purposes and uses and better suited for residential
platting and development, recognizing that the platting of land for residential
subdivision permanently removes it from availability for future agricultural
uses regardless of zoning;
(2) Encourage major subdivision design that creates and permanently
preserves and protects open space within such areas to maintain the rural
atmosphere of the Town;
(3) Can permanently preserve large and small tracts of prime
farmland, thereby protecting them from future nonagricultural development, by
establishing a program that permits the transfer of development rights from
desirable farming areas by encumbering such areas with conservation easements
to permanently prevent future subdivision and development and that allows areas
better suited for residential development to be subdivided at greater densities
than otherwise allowed under this article by transferring development rights to
such areas and in so doing create the potential for equitable compensation of
landowners who transfer development rights off their land; and
(4) Oversee the measured conversion of large parcels of exclusive
ag-zoned land in the Town from agricultural purposes and uses under farm plan
requirements that permanently protect those portions of larger parcels best
suited for agricultural uses by placing them under conservation easements to
prevent intensive future residential subdivision on the best farmable areas and
by creating a system of regulations for the subdivision of the remainder of the
parcel that encourages incorporating open space in subdivided areas so as to
preserve the rural atmosphere in the Town and to better allow the peaceful and
productive coexistence of agricultural and nonagricultural uses in the Town.
C. This article is enacted pursuant to the Town of Troy's authority
and powers, both expressly conferred and inferable under Chs. 59, 60, 61, 66,
91, and 236, Wis. Stats., and all other applicable statutory or common law
whether now in force or as may be enacted in the future. It is also intended to
advance the eight main goals of the Town's 1992 Growth Management Plan, albeit
in a manner not anticipated at the time that certain of the plan's objectives
and policies were being developed. Although residential development will now
occur in or close to areas zoned exclusive ag, all such subdivision and
development shall be undertaken in the manner that best protects prime farmland
in the Town and keeps it available for agricultural purposes and uses through
the application of the regulations and landowner choices established herein.
§ 135-2. Definitions.
A. Words and phrases related to zoning and subdivision of land and used
in this article shall be as defined in the St. Croix County ordinances on
zoning and subdivisions, unless otherwise defined in this article.
B. Additional definitions specific to the Town of Troy. As used in
this article, the following terms shall have the meanings indicated:
AGRICULTURAL PURPOSE/USE
General farming, including beekeeping, egg production, floriculture, fish or
fur farms, dairy, licensed game management farms, forest management, livestock,
poultry raising, sod farming, roadside stands selling only produce from the
farm operation on the premises by members of the farm family, nurseries,
greenhouses, vegetable raising, raising of grain, grass, mint, seed and ginseng
crops, raising of fruit, nuts and berries, and other similar uses, including
placing land in federal programs for payment in kind or enrolling land in the
conservation reserve program under 16 U.S.C. §§ 3831 to 3836 but excluding
farms operated for the disposal or reduction of garbage, sewage, rubbish or
offal.
BUFFER SPACE Undeveloped
area(s) in any major subdivision that cannot be further subdivided and is/are
owned in common by the owners of the subdivision lots and where the primary
purpose is to separate residential areas from areas being preserved for
agricultural uses. Buffer spaces also serve as open acres.
BULB OF CUL-DE-SAC The
area of a cul-de-sac rear of a line tangent to points where the radius of the
bulb meets the point of curve or reverse curve. See Exhibit A.[1]
CLUSTER SUBDIVISION A
subdivision in which the lots sizes are reduced below those normally required
in the zoning district in which the development is located, in return for the
permanent preservation of undeveloped land.
CONSERVATION EASEMENT An
enforceable nonpossessory interest in real property imposing any limitation or
affirmative obligation, the purposes of which include permanently protecting
farmland so as to better preserve the rural character of the Town of Troy;
permanently preserving scenic vistas and environmentally significant areas,
including wetlands, lakes, streams and wood lots; creating and preserving open
areas around significant environmental areas and agricultural areas; protecting
the Town of Troy from the encroachment of neighboring cities; permanently
restricting land divisions, subdivision and/or residential, commercial or
industrial development; permanently retaining or protecting natural, scenic or
open space values of real property; permanently assuring the availability of
real property for agricultural, forest, recreational or open space use;
permanently protecting natural resources; maintaining or enhancing air or water
quality; and/or permanently preserving the historical, architectural,
archaeological or cultural aspects of real property.
CUL-DE-SAC A dead-end
road with a circular turnaround at the end for vehicular use.
DENSITY The acreage to
dwelling unit ratio used to calculate the maximum number of dwelling units
allowed in a subdivision. Density is the ratio of the number of dwelling units
allowable under this article in the area being subdivided to the total number
of acres actually being subdivided. In single-family residential developments,
the number of dwelling units and the number of buildable lots will usually be
the same. Land used for contiguous, existing road easements can be included in
the total number of acres actually being subdivided when calculating a density
ratio.
DWELLING UNIT A
self-contained living unit consisting of sleeping quarters, bathroom(s) and
kitchen, more than one of which may be located in one building.
EXCLUSIVE AG ZONING
Refers to lands located in what the St. Croix County Zoning Ordinance refers to
as its Agricultural District, described in § 17.14 of the County Zoning
Ordinance.
FARMETTE A lot created
by the subdivision of land, with the combined area of all farmettes included in
the major or minor subdivision in which the lot will be located averaging not
less than one lot per 12 acres, and with each lot having a minimum size of six
acres. Farmette lots shall not be further subdivided and shall contain no more
than one dwelling unit. Creating farmette lots does not automatically trigger
an open acres requirement.
FARM PLAN A landowner's
plan to preserve the best farmland in an existing farm for agricultural uses
and purposes under a conservation easement that limits subdivision and
development in such area and that also designates other plan areas for
subdivision into lots less than 35 acres in size to be located on the less
desirable farmland in the plan area, all in conformity with the requirements of
§ 135-8 of this article. Only land zoned exclusive ag on July 1, 1999, or
parcels not so zoned but 35 acres or greater in size and containing adequate
areas of prime farmland such that its preservation can advance the central
policy of this article may be the subject of a farm plan. All farm plans
require Plan Commission review and Town Board approval prior to implementation.
Implementation of a farm plan leads to rezoning, subdivision, conservation
easement and/or transfers of development rights activities as authorized by
this article. Different owners of contiguous land that was zoned exclusive ag
on July 1, 1999, may prepare and submit joint farm plans. A farm plan may be
submitted for less than all land of an owner. Roads do not sever contiguity for
purposes of any farm plan.
FLAG LOT A lot not
meeting applicable minimum road frontage requirements where access to the
public road is by a sixty-six-foot wide access strip (neither more nor less)
called the staff and where the staff length is 200 feet or longer. Front
setback in a flag lot is measured from the point where the staff permanently
widens beyond 66 feet. A flag lot driveway may serve no more than two dwelling
units.
LOT A parcel of land
(excluding outlots) created by subdivision for use as a site for one or more
dwelling units, as a parcel for conveyance or as a building site of any kind.
Areas of a lot subject to public or private rights-of-way or easements,
including but not limited to roads, driveways (other than a driveway serving
only the lot whose area is being measured), trails, recreation or conservation
areas, stormwater drainage, ponding and/or retention areas and utility
easements and structures (other than the area for underground utilities serving
only structures within the subdivision) are excluded from any calculations of
minimum lot size under this article.
MAJOR SUBDIVISION The
division of a lot, parcel or tract of land resulting in the creation of five or
more lots that are 35 acres or smaller in area by one-time or successive lot
creation within a period of five years.
MINOR SUBDIVISION The
division of a lot, parcel or tract of land resulting in the creation of four or
fewer lots that are 35 acres or smaller in area by one-time or successive lot
creation within a period of five years.
OPEN ACRES Acreage
included within the sixty-percent area of a 40/60 farm plan and in any
subdivision that is dedicated and use-restricted in perpetuity by restrictive
covenant or conservation easement as undeveloped acreage adjacent to
subdivision lots and/or accumulated and grouped within a subdivision to provide
walking paths, nature trails, wildlife habitat, forests, prairies, parks,
farmland, farmland buffers, and other similar undeveloped uses. Compatible,
private recreational uses for the benefit of the homeowners' association
members may be allowed upon Town Board approval. Open acre parcels shall not be
further subdivided and are not necessarily outlots. The quantity of open aces
may be calculated to include existing public road easements plus the area for
developer-built and dedicated Town roads that are accepted for public road
purposes by the Town Board after July 1999. All open acres not dedicated for
Town roads shall be owned by a duly incorporated homeowners' association. All
owners of lots in a subdivision containing such open acres shall belong to the
association, and each such lot shall be responsible for an equal share of its
expenses. The homeowners' association shall have exclusive responsibility for
the maintenance and management of all open acres in the subdivision and for all
stormwater management devices and/or erosion control measures that are placed
in open acres or that are placed on a privately owned lot in the subdivision
but that serve more than the lot on which located.
OUTLOT A parcel of land,
other than a lot or block, so designated on a plat or certified survey map and
created for purposes other than building development.
PRIME FARMLAND Class 1,
2 or 3 agricultural land, or its equivalent, as classified by the United States
Department of Agriculture or the Natural Resources Conservation Service or
under a LESA System, once said LESA System has been adopted by St. Croix County
and separately reviewed and approved by the Town of Troy.
SHARED DRIVEWAY That
part of a driveway that serves two lots from the public road and ending at the
point where the driveway splits to serve each separate dwelling unit. Also
referred to as joint driveways.
SUBDIVISION, SUBDIVIDED or
SUBDIVIDING These terms refer to both minor (sometimes referred to as
certified survey maps or CSMs) and major subdivision activities and plans
for the purpose of transfer of ownership or building development where the act
of subdivision will create or result in one or more lots or building sites of
35 acres or less.
§ 135-3. Applicability; effect of other laws.
This article shall apply
to all subdivisions of land which occur or are proposed to occur within the
geographic limits of the Town of Troy. Land in the Town is also under the
concurrent jurisdiction of St. Croix County, which also has a Subdivision
Ordinance. Land use is also regulated by county zoning ordinances. Town zoning
ordinances may also apply. In the extraterritorial plat approval jurisdiction
areas of the Town, the subdivision ordinances of the Cities of River Falls and
Hudson also apply. Where the standards herein differ from the standards of
another applicable town, city or county ordinance, the more restrictive
standard shall apply.
§ 135-4. Approving authority; plat or certified survey
map required; violations.
A. The approving authority for all subdivisions of land shall be
the Town Board of the Town of Troy, acting after considering the advice and
recommendations of the Plan Commission of the Town of Troy.
B. A plat or certified survey map approval by the Town Board shall
be required prior to the division of land in the Town of Troy into one or more
new lots, parcels or tracts when the lots, parcels or tracts being created are
subdivisions, unless the subdivision falls within the exemptions listed in §
236.03(2) or 236.45(2)(a)1 to 3, Wis. Stats.
C. The following activities are declared to be violations of this
article:
(1) To convey, offer to convey or contract to convey a CSM or
subdivision lot, tract or parcel within such a CSM or subdivision without having
had the CSM or subdivision approved by the Town Board.
(2) To record a certified survey map, a plat or a metes and bounds
description of a lot, thereby attempting to create a CSM or subdivision,
without such CSM or subdivision having been first approved by the Town Board.
(3) To fail to comply fully with this article or any other Town
ordinance regulating the transfer of development rights or any other aspect of
the development of land.
(4) To fail to comply fully with all permit or approval conditions or
requirements made by the Town Board during its review and action on any
certified survey map or subdivision plat.
(5) Any violation of Ch. 236, Wis. Stats.
§ 135-5. Requests for approval; review procedure.
A. Basic procedure; information required; when application has been
submitted. The developer or owner shall meet with the Town Plan Commission for
advance informal concept review of any proposed subdividing activity.
Developers and owners are also advised to contact the St. Croix County Planning
and Zoning Department at or prior to Town concept review. Concept approval is
not binding on the Town Board as to the subdivision approval process.
Application materials for Town Board approval for any subdivision of land shall
be provided to the Town Board and the Town Plan Commission. Application
materials shall be prepared and submitted in conformity with current Town
requirements, available in written form from the Town Clerk-Treasurer.
Checklists detailing the information required and general application deadline
requirements for land use requests shall be available from the Town
Clerk-Treasurer.
(1) An application for any Town Board action under this article shall
not be deemed to have been validly submitted to the Town until a written application,
signed by the applicant or an authorized representative and accompanied by the
applicable Town land use application checklist and all required materials, has
been personally delivered to the Town Clerk-Treasurer, copies of all
application materials have been delivered to the Town Attorney and Town
Engineer and the application submitted has been acknowledged by the Plan
Commission at its regular monthly meeting following the delivery of materials
to designated Town personnel. The Town Board, Town Plan Commission, the Town
Attorney or Town Engineer can require an applicant to provide additional
information at any time where site characteristics or other unique
circumstances make it appropriate to do so. At the time an application is
delivered to the Clerk-Treasurer, the applicant shall also provide all
information and written materials required to allow the Town Clerk-Treasurer to
notify all adjoining landowners of what development and/or rezoning action is
being proposed. The applicant/developer is responsible for providing all such
materials at least 25 days before a Plan Commission meeting so that the Town
Clerk-Treasurer can process and mail said notices at least 20 days before the
Town Plan Commission meeting at which said proposal for subdivision of land
will be considered.
(2) The Town Board shall reject any subdivision plat or CSM approval
requests which have not been reviewed by nor recommendation received from the
Plan Commission prior to being submitted to the Town Board for action.
B. Approvals.
(1) Action deadlines for plats. The Town Board shall approve or
conditionally approve or reject plat applications within 90 days of submittal
of a valid application for preliminary plat approval and within 60 days in the
case of submittal of a valid application for final plat approval, said
submittal to be made in accordance with Subsection A(1) of this section. Plat
approval time limits shall be extended only upon written agreement between the
Town and all of the applicants or authorized representatives, or at the request
of the applicants or authorized representatives and agreement of the Town Board
as shown in Town minutes.
(2) Developer's agreement required. Preliminary plat or CSM approval
by the Town shall be conditioned on all landowners and developers entering into
a developer's agreement for all development and subdivision activity where
public improvements will be built and dedicated and/or stormwater management
methods or erosion control devices are proposed or required. Developer's agreements
shall be acknowledged and executed by all project mortgagees. Any such
agreement shall also be made available to the County Zoning Administrator.
(3) Preliminary plats.
(a) No preliminary plat application shall be considered or acted
upon by the Town Plan Commission or the Town Board until all material required
to evaluate the preliminary plat has been submitted.
(b) Preliminary plats submitted for approval shall show or be
accompanied by the following information:
[1] Legal description, identity of all owners of record, identity of
any proposed contract purchaser and any other beneficial owner, including
current or planned mortgagees, and name, address and telephone number of the
subdivider and person to be contacted concerning the plat, if different.
[2] Existing zoning of property.
[3] Proposed subdivision name.
[4] The exterior boundary, showing bearings and distances with a
mathematical closure of one in 30,000 feet. All interior lots shall show
distances to the nearest foot. The drawing shall be to a scale of not more than
100 feet to an inch with a graphic scale and North arrow shown on its face.
[5] Proposed public roads to be located adjacent to and/or within the
property. For all proposed public roads, show:
[a] Location of curb and gutter sections.
[b] Location of retaining walls.
[c] That developer has ability to convey full ownership of road
right-of-way areas to Town.
[6] The location, right-of-way widths, and names of any existing
roads or other public ways, easements, railroad or utility rights-of-way, and
any existing access controls.
[7] Location and names of adjacent plats, certified survey maps,
parks and cemeteries, underscored with a dotted or dashed line, and existing
zoning of adjacent parcels.
[8] Area of each lot shall be shown as follows:
[a] The applicable Town of Troy building line setback requirements
shall be drawn for each lot.
[b] The net buildable project area, as defined by St. Croix County
in its Subdivision Ordinance, must be listed in tabular form for each lot.
[c] Preexisting public road easement area contiguous to newly
created lots shall be included in the area of the contiguous lot and excluded
from minimum lot size calculations.
[9] Driveway locations on Class C, D and E roads.
[10] Arterial, collector and Class D local roads that will connect to
nonplatted areas pursuant to a Town plan for future roads shall be laid out and
built to the border of the platted area with a temporary cul-de-sac located at
the boundary line of the plat. Road locations shall have taken into account the
topography of the neighboring property. Proof of notification to the
neighboring property owners as to the location of the proposed road must be
provided.
[11] Utility easement locations.
[12] Location of any proposed lighting.
[13] Stormwater management detention areas, drainage easements, upstream
and downstream drainage analysis, etc., as determined by engineering analysis.
[14] Soil borings and percolation test site locations.
[15] The location of existing property lines, buildings, drives, streams
and watercourses, ponds, lakes, wetlands, rock outcrops, wooded areas, and
other significant features within the proposed subdivision, including
monumentation.
[16] The water elevations of adjoining lakes, ponds or streams at the
date of the survey and the ordinary high-water mark, typical stream valley
cross-sections, stream channels, and flood areas from HUD or FEMA, maps and
floodplain zoning maps. Ordinary high-water marks shall be verified by DNR or
its designated agent.
[17] The contours at vertical intervals of not more than two feet for a
slope less than 20% and five feet for a slope of 20% or more. Lands with slopes
of 20% or greater shall be shown with cross-hatch markings or otherwise clearly
indicated. Lands located in the St. Croix River Valley District with slopes of
20% or greater and lands with slopes of 12% but less than 20% shall be
differentially shown with cross-hatch markings or otherwise clearly indicated.
[18] The location, dimensions and recordable legal description of all
land proposed to be used for parks, playgrounds, open acres, buffer space, and
conservation easement areas.
[19] Where applicable, an explanation of how development rights will
transfer into the subdivided area with specific density calculations explaining
the operation of the transfer and a specific designation of the source, size
and number of development rights being used to increase densities in all
receiving areas shown in the platted area.
[20] Dimensions, size and numbers of all lots. When assigning lot
numbers for certified survey maps, lot numbers shall not be repeated in any quarter-quarter
section or government lot. Where applicable, size shall be indicated with
inclusion and exclusion of rights-of-way and areas below the ordinary
high-water mark of navigable waters.
[21] All requests for exception to design standards must be shown and
listed on the plat.
[22] Density calculations of subdivision and, if land is being rezoned
from exclusive agriculture, identification of which farm plan election is being
implemented.
[23] Calculations for open acres and conservation easement area
calculations, where applicable.
[24] Proposed easement and restrictive covenants, developer-requested
use terms for all conservation easements and proposed homeowner association
bylaws.
[25] Other documents and information as required by the Town Board, Town
Plan Commission, Town Attorney or Town Engineer.
(4) Final plats.
(a) If an initial final plat is not submitted for approval within 24
months of preliminary plat approval by the Town, the Town may refuse to approve
the final plat. Final plats submitted for approval shall show the following
information in a format that also complies with all applicable state and county
requirements:
[1] A surveyor's certificate pursuant to § 236.21, Wis. Stats.
[2] Subdivision name.
[3] Property lines with bearings and distances, graphic scale and
North arrow.
[4] New public roads and rights-of-way adjacent to and within the
property with dedication to the Town of full ownership rights.
[5] The location, right-of-way widths and names of any existing roads
or other public ways, easements, railroad or utility rights-of-way, and any
existing access controls.
[6] Location and names of adjacent plats, certified survey maps,
parks, and cemeteries, underscored with a dotted or dashed line, and existing
zoning of adjacent parcels.
[7] Area of each lot shall be shown as follows:
[a] With applicable Town of Troy building line setback requirements
shown for each lot.
[b] With net buildable project area, as defined by St. Croix County,
listed in tabular form for each lot.
[c] With preexisting public road easement area included in
contiguous lots and excluded from minimum lot size calculation.
[8] Driveway locations for Class C, D and E roadways.
[9] Utility easement locations.
[10] Arterial, collector and Class D local roads that will connect to
nonplatted areas pursuant to a Town plan for future roads, laid out and built
by the subdivider to the border of the platted area with a temporary cul-de-sac
located at the boundary line of the plat. Road locations shall have taken into
account the topography of the neighboring property. Neighboring property owners
shall have been previously notified of the location of all such roads.
[11] Stormwater management detention areas, drainage easements, upstream
and downstream drainage analysis, etc., as determined by engineering analysis.
[12] The location of existing property lines, buildings, drives, streams
and watercourses, ponds, lakes, wetlands, and other significant features,
including monumentation, within the proposed subdivision.
[13] The water elevations of adjoining lakes, ponds or streams at the
date of the survey and the ordinary high-water mark and typical stream valley
cross-sections, stream channels, and flood areas from HUD or FEMA, maps and
floodplain zoning maps. Ordinary high-water marks shall be verified by DNR or
its designated agent and be shown with benchmarks.
[14] Land areas with twenty-percent slope and lands with greater than
twelve-percent slope shall be shown with cross-hatch markings or otherwise
clearly indicated. Land areas with slope of 20% or greater shall be shown with
cross-hatch markings or otherwise clearly indicated. Lands located in the St.
Croix River Valley District with slope of 12% but less than 20% shall be shown
with cross-hatch markings or otherwise clearly indicated.
[15] The location, dimensions and designation of all land being
dedicated for parks and playgrounds or being conveyed for use as open acres,
buffer space, and conservation easement areas.
[16] Dimensions, size and numbers of all lots. Where applicable, size
shall be indicated with inclusion and exclusion of rights-of-way and areas
below the ordinary high-water mark of navigable waters.
[17] All approved exceptions to design standards must be shown and
listed on the plat.
[18] Areas in which further subdivision is not allowed and areas
encumbered by restrictive covenants or conservation easements must be shown and
listed on the plat.
(b) Four copies of the final plat with original signatures shall be
provided. When the Town Board approves the final plat of a major subdivision,
the Town Chairperson shall certify Town approval on the plat document in the
space provided for that purpose, and the Town Clerk-Treasurer shall sign the
certificate on the plat concerning taxes or special assessments, where no such
taxes or assessments are unpaid. A copy of the final plat with the signed
certificate shall be sent to the County Zoning Administrator in accordance with
Subsection B(5).
(5) Transmission of subdivision approvals to county by Town. No
certified survey map or final subdivision plat shall be approved by the Town
Board until all approved exceptions to design standards, easements, covenants,
developer's agreements, homeowners' association articles of incorporation and
bylaws, development rights transfer requests or such other information or
commitments as required by the Town have been provided in final form that is
satisfactory to the Town, signed and agreed to by the owners, developers or
mortgagees, as appropriate. All such signed documents shall be provided with
the final plat when it is delivered to the county.
C. Disapprovals. When the Town Board determines not to approve a
major subdivision, its reasons for denial shall be stated in the Board's
meeting minutes and a copy thereof given to the applicant/developer within 10
days of Board action.
D. Reconsideration. A request for reconsideration of a certified
survey map or plat application, or a new application that is similar to a
previously rejected application in that the circumstances or conditions that
caused the rejection have not changed, shall not be placed before the Plan
Commission or the Town Board unless a substantial change of circumstances has
occurred since last Town action on the application. A change of ownership or
the passage of time without additional conditions or circumstances is not a
substantial change of circumstances.
E. Extension of time periods. If the time for action on a plat by
the Town Board is extended by agreement with or at the request of the
subdivider, the Town shall notify the County Zoning Administrator of such
extension.
F. Appeals. Any person aggrieved by the failure of the Town Board
to approve a plat may appeal to Circuit Court, as provided in Ch. 236, Wis.
Stats.
§ 135-6. Standards for all subdivisions.
A. No land shall be subdivided which is held unsuitable for such
use by the Town Board for reason of potential for flooding, inadequate
drainage, adverse soil or rock formation, severe erosion potential, unfavorable
topography, inadequate water supply or sewage capability, lands being of
greater suitability for another use, or any feature or circumstance likely to
result in the imposition of unreasonable costs to remedy severe and avoidable
problems or to be harmful to the health, safety or general welfare of the
current and/or future residents of the subdivision or the community.
B. All subdivision of land shall be designed and constructed to
adequately protect the public safety, health and general welfare and to permit
the efficient provision of public services in a manner consistent with the
central policy of this article. The Town Board may impose reasonable additional
and site-specific requirements and conditions upon its approval of any
subdivision to accomplish these objectives.
C. Each lot in a subdivision shall have usable access to a street
or road which connects the lot to an existing public street, road or highway.
D. The Town shall further specify the requirements to be met in
subdivisions concerning road and other improvements, such as street signs,
streetlights, culverts, posts and guardrails, in Chapter 125, Article II, Road
Standards, of this Code and in the developer's agreement between the Town and
developer that shall be required whenever such public improvements will be
dedicated to the public as part of the subdivision and development project. The
cost of all public improvements attributable to the subject development
activity shall be paid by the subdivider.
E. All new utility installations shall be completed in conformity
with Chapter 149, Utilities, Article I, Installation, of this Code.
F. Erosion control measures during and after the construction
phase shall conform to St. Croix County Land and Water Conservation Department
requirements and the Wisconsin Department of Natural Resources Best Management
Practice Handbook.
G. Subdivision design standards. (County subdivision design
standards may also apply.)
|
All Subdivided Parcels Shall Comply With All Applicable
Design Standards |
Minor
Subdivision |
Major
Subdivision Lot Size 2.5 Acres and Over |
Lot Size Under
2.5 Acres |
||
|
1. |
Right-of-way |
||||
|
|
(a) |
Local roads (width) (feet) |
66 |
66 |
66 |
|
|
(b) |
Cul-de-sac (diameter) (feet) |
160 |
160 |
160 |
|
2. |
Minimum adjacent driveway separation, measured from center
line to center line at point where driveways connect to edge of paved Class E
local road (feet) |
42 |
42 |
32 |
|
|
3. |
Paved driveway required (where required, must be paved
within 2 years of occupancy) |
No |
Yes, but only the
first 50 feet from point where driveway connects to a public road |
Yes |
|
|
4. |
Shared driveways allowed |
Yes, and shared
portion must be paved |
Yes, and shared
portion must be paved |
No |
|
|
5. |
Maximum front to back average lot ratio, calculated per
county standards |
3:1 |
3:1 |
2.5:1 |
|
|
6. |
Minimum front lot width at right-of-way (if no cul-de-sac)
(feet) |
150 |
150 |
100 |
|
|
7. |
Minimum front lot width at right-of-way (if on cul-de-sac)
(feet) Note: Width at cul-de-sac right-of-way may be reduced by an exception
to design standard if the front line setback is measured from the place at
which the required lot width can be found, parallel to the cul-de-sac
right-of-way. |
120 |
120 |
120 |
|
|
8. |
Minimum lot width at front building line (feet) |
150 |
150 |
132 |
|
|
9. |
Setbacks. Unless waived by the Town Building Inspector, a
registered land surveyor shall mark each lot's front and side minimum
building line setbacks at or prior to building permit issuance. |
Yes |
Yes |
Yes |
|
|
|
(a) |
Minimum front building line setback from right-of way
(feet) |
150 |
150 |
75 when lot
frontage is on Class E local road; if not, county standard applies, if
greater |
|
|
(b) |
Minimum front building line setback from paved road
surface (feet) [greater of 9(a) or 9(b)] |
170 |
170 |
95 |
|
|
(c) |
Minimum side building line setback (feet) Note: May be
reduced by an exception to design standards to 10 feet on lots 2.5 acres or
less, if the distance to the nearest building on the adjoining lot is 50 feet
or more; may be reduced to 25 feet on lots over 2.5 acres, if the distance
between the next nearest building on the adjoining lot is 100 feet or more,
all subject to 9(e) notice requirement. |
50 Yes |
50 Yes |
25 Yes |
|
|
(d) |
Minimum rear building line setback (feet) Note: May be
reduced by an exception to design standards to 10 feet on lots 2.5 acres or
less, if the distance to the nearest building on the adjoining lot is 50 feet
or more; may be reduced to 25 feet on lots over 2.5 acres, if the distance
between the next nearest building on the adjoining lot is 100 feet or more,
all subject to 9(e) notice requirement. |
50 Yes |
50 Yes |
25 Yes |
|
|
(e) |
Where an exception to design standard is granted for a
particular lot changing a side or rear setback line, an affidavit shall be
recorded by the Town Clerk-Treasurer attaching to the affected adjoining lot
and explaining in detail how far in from the presumptive setback line the
Town Board action has moved the actual setback line. No such exception to
design standards shall be granted without the consent of the adjoining
landowner. |
Yes |
Yes |
Yes |
|
|
(f) |
Corner lots must meet building line setbacks from both
roads |
Yes |
Yes |
Yes |
|
10. |
|
Town setbacks (Note: On previously recorded plats and
CSMs, setbacks default to the County Zoning Ordinance setbacks if none are
shown on the recorded plat or CSM.) |
Yes |
Yes |
Yes |
|
11. |
|
Maximum number of lots on bulb of cul-de-sac |
|
|
|
|
|
(a) |
Number of lots allowed with this setback |
3 if 150-foot
setback |
3 if 150-foot
setback |
4 if 75-foot
setback |
|
|
(b) |
Number of lots allowed with this setback |
4 if 220-foot
setback |
4 if 220-foot
setback |
5 if 110-foot
setback |
|
|
(c) |
Setback selected for cul-de-sac frontage applies to entire
road frontage of lot adjoining cul-de-sac |
Yes |
Yes |
Yes |
|
12. |
|
Maximum percentage of garage entrances facing street |
N/A |
N/A |
70% |
|
13. |
|
Flag lots permitted |
Yes |
Yes |
No |
H. Stormwater detention/retention storage and storm runoff control
for land disturbing activities. As part of the Towns regulation of subdivision
activities the Town Board shall determine, with the assistance of the Town
Engineer, the kind and nature of stormwater management and control devices that
shall be installed by developers proposing to subdivide and develop land.
(1) The Town Engineer's review and approval of stormwater detention
storage, retention storage, and runoff control plans shall be based on
requiring the more stringent of the following standards:
(a) The peak runoff rate from the site after the land disturbing
activity is completed shall be no greater than the peak runoff rate from the
site in its natural undeveloped state.
(b) The peak runoff rate shall be limited to a rate prorated on the
basis of the safe capacity of downstream stormwater drainage facilities as
determined by the Town Engineer.
(2) Minimum design criteria for stormwater detention storage and
runoff control shall accommodate peak flows resulting from a two-year frequency
twenty-four-hour rain of 3.0 inches, a ten-year frequency twenty-four-hour rain
of 4.2 inches, a twenty-five-year frequency twenty-four-hour rain of 4.7 inches
and a one-hundred-year frequency twenty-four-hour rain of 6.0 inches, including
winter frozen ground condition design criteria, with greater design capacity
required for facilities of greater risks or hazards or where an area is in an
identified flood hazard area on the Official Town or County Floodplain Zoning
Map.
(3) Minimum design criteria for stormwater retention storage and
runoff control shall accommodate peak flows resulting from a one-hundred-year
twenty-four-hour rain frequency of 6.0 inches, including winter frozen ground
condition design criteria, or one-hundred-year frequency back-to-back rainfall
events design criteria, with greater design capacity required for facilities of
greater risks or hazards or where an area is in an identified flood hazard area
on the Official Town or County Floodplain Zoning Map.
(4) Where possible, potential and existing flood hazards shall be
mitigated by new development. The Town shall require stormwater drainage
facilities which may include curbs and gutters, diversions, catch basins and
inlets, culverts, storm sewers, road ditches, swales, open channels, roof
gutters, stormwater detention basins, stormwater retention basins, settling
basins, infiltration and absorption areas, and similar measures to control,
store, and pretreat stormwater runoff.
(5) All nonpoint source stormwater runoff pollutant constituent
discharges from a site shall include pretreatment design criteria and modeling
analysis calculations in conformance with Wisconsin Department of Natural
Resources and other governing agency requirements and regulations utilizing
Standard Engineering Practice Structural and Nonstructural Best Management
Practices.
I. Architectural and aesthetic design standards.
(1) The Town of Troy contains beautiful landscapes of rolling
farmland, prairie and forest. The residents of the Town of Troy have
consistently and by significant majorities indicated their desire that the Town
preserve its rural atmosphere and prevent the unattractive appearances and land
uses of typical suburban major subdivisions in the Town.
(2) In part, the purpose of the setback and dimension regulations of
this article is to promote more rural, as opposed to suburban, residential
subdivision developments, especially with reference to discouraging development
of nonclustered major subdivisions with no commonly held buffer space or open
acres. Building setbacks from the road and adjacent lot building separations
are important factors, especially on culs-de-sac, in creating less crowded,
more rural appearing subdivisions.
(3) Where specific features and topography in a subdivision area
allow it, exceptions to design standards on setbacks may be permitted, provided
that the exception does not lessen the appearance of separation provided by the
setback regulations.
(4) Exceptions to design standards will not be granted for awkwardly
shaped, non-setback-conforming lots being created solely to allow a developer
or owner the theoretical maximum number of lots allowed under the density
standards of this article.
(5) The dwelling unit density ratios and setback design standards in
this article are intended to encourage the design of major subdivisions that
are more rural and less suburban in style and are taken in part from similar
design standards used in other areas to create more rural appearing
subdivisions. However, density ratios and dimensional design standards only
partially promote attractive rural residential subdivisions that also must
coexist well with ongoing agricultural operations. The location of subdivisions
in relation to the use and topography of the greater parcel of land from which
it is taken and the specific location of lots, roads and buildings within
subdivisions are also important.
(6) The design standards in this section are intended to guide
developer/applicants in designing and locating subdivisions so as to preserve
to the greatest extent possible the natural and existing terrain, forest and
conservation areas, thereby maintaining a more rural setting. Such regulations
are consistent with providing for the health, safety and welfare of existing
and future residents of the Town of Troy. These architectural and aesthetic
design standards shall apply to all subdivision of land in the Town:
(a) Conservation areas such as forests, ponds, prairies and streams shall
be preserved to the greatest extent possible while still allowing construction
within or adjacent to these areas.
(b) Natural terrain shall remain unaltered except where required for
roads, stormwater management, erosion control and other required infrastructure
improvements. Grading, excavation and soil disturbing plans shall be explained
to the Town Board and Plan Commission as part of the concept and subdivision
approval process.
(c) Local roads may be the minimum required width unless a greater
width is required for safety reasons. Rural-type Town roads without curbs are
preferred. Concrete curbed roads will be allowed only when required for proper
road design, as determined by the Town Engineer.
(d) Soil absorption fields, culverts and retention ponds are
preferred over storm sewers for stormwater runoff control. Public sidewalks are
not usually desired in residential subdivisions where lots are one acre or
larger in size.
(e) Streetlights are not ordinarily compatible with the rural character
of the Town. Any public streetlighting provided by the developer shall be
limited to what is minimally required for safety and shall require Town
approval. The Town may require developers to install special lights to minimize
light pollution.
(f) The developer shall provide signs and monuments consistent with
the design parameters of the subdivision and as required by the Town. Signs and
monument design and construction shall be approved by the Town.
(g) Landscaped or naturally wooded center islands are normally
required for all culs-de-sac. Standard fully paved culs-de-sac with no islands
are not normally desirable but may be permitted, depending on considerations
related to the terrain and overall design of the subdivision.
(h) Paths, fields, ponds, plantings, berms and other landscaping
techniques should be used and may be required by the Town to maintain the rural
atmosphere, to screen the subdivision and to create visual separation between
adjacent land uses.
(i) Developers should avoid locating lots immediately adjacent to
existing collector and/or arterial roads unless it can be demonstrated that
existing or proposed screening will substantially lessen the visual impact of
the development as viewed from existing roads.
(j) Developers should avoid locating rows of multistory walkout
houses on the ridge tops unless well screened by existing or proposed
vegetative cover.
(k) Lots in a major subdivision fronting on collector or arterial
roads should not use such roads for public road access. Minor subdivisions on
such roads shall use shared driveways for access to reduce the number of
driveways entering collector and arterial roads.
(7) The architectural and aesthetic design standards of this
Subsection I are outcome-based and are not to be construed or used as a means
to prevent the subdivision and development of land. It is the obligation of a
developer/applicant to explain to the Town Board and Plan Commission how the
subdivision proposal complies with these standards and to explain where and why
an application does not comply with these standards. Because of the impact of
topography on design, the Town may allow exceptions from these architectural
and design standards that the Town Board finds consistent with creating
attractive rural subdivisions.
J. Minor subdivisions are subject to all of the same requirements
and standards as are contained in this article for major subdivisions unless
specifically stated otherwise in a separate part of this article.
§ 135-7. Standards in areas not zoned for exclusive
agricultural use.
In addition to the other requirements of this article, the requirements in this section apply to the subdivision of parcels of land that were not zoned exclusive ag uses on July 1, 1999. Owners of such parcels that are also eligib