HomeMy WebLinkAboutSubdivision Ord/Town of Vinland
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SUBDIVISION ORDINANCE
TOWN OF VINLAND, WISCONSIN
Chapter 14
Adopted 0 n Ju.n e 14, 200 ~.. fË@rn-ti \YJ ~'>"t""'....i
Resolution #6-14-2004 ,'!i
, ocr, 3 2004 'i
Prepared By: "\ \"
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Martenson & Eisele, Inc. ~nLçL~R~¡~ OFÐCE ¡
1377 Midway Road,
Menasha, VVl54952
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Subdivision Ordinance
INTRODUCTION
14-1-1 Authority """"""""""""""""""""""""""""""""""""',"""""""'".................. 1
14-1-2 Tide ............... .."....... ...."...... ...." ......,......... ................. ....i..... .."......... ..."... .."..... 1
14-1-3 Purpose and Intent ...." ............ ................................. ....................................... 1
14-1-4 Interpretation and Application ..................................,................................... 2
14-1-5 Severability and Non-Liability ......................................................... 2
14-1-6 Repeal............................................................................................... 2
14-1-7 Effective Date .""""""""""""""""""'."""""""""""""""""""""'" 2
GENERAL PROVISIONS
14-1-8 Geographic Density and Conservation areas Standards................... 2
14-1- 9 Jurisdiction.... .."......... .................... ............ ..."........ .................... ......,.. .............. 6
14-1-10 Combining Lots ............ .......... ................................ ."......... .."......... ............... 6
14-1-11 Combining Description ................................................................................. 6
14-1-12 Compliance ......." ...". .....". .................. ............... ..."........ ............. ............. ....." 7
14-1-13 Land Suitability. ..... ........................ .......... ....,........ ....................... ..".... ............ 7
14-1-14 Variances.. ................... .................... ................. ......"....... .....,....... ..... ....."........ 7
14-1-15 Violations...... ................... ..... ............... ................. .................... ....................... 8
14-1-16 Penalties............................................................................................................ 8
14-1-17 Appeals.......... ........................ ............... ...".......... .... .................. ....................... 9
CERTIFIED SURVEY MAP (CSM)
14-1-18 SubmittaL..................... ........... .......... ........... .............. ...... ..... ........ 10
14-1-19 Review and ..Approval................................................................... 11
SUBDIVISION PROCEDURE
14-1-20 Preliminary Consultation.............................................................. 12
14-1-21 Developer's Agreement.................................................................. 13
14-1-22 Preliminary Plat Review................................................................ 13
14-1-23 Final Plat Review........................................................................... 15
14-1-24 Recordation.. ..... ............................... ............................................. 16
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GENERAL PLAT REQUIREMENTS
14-1-25 Preliminary Plat Requirements ..................................................... 17
14-1-26 Street Plans and Profiles ......................................................... ....... 19
14-1-27 Testing...... ............. ......................... ............ ......... ........... ..... .......... 19
14-1-28 Covenants ................ ...................................................................... 19
14-1-29 Mfidavit ...................... ................................................. .................. 19
FINAL PLAT REQUIREMENTS
14-1-30 General Requirements .......................................................................20
14-1-31 Surveying and Monumenting ........................................................ 21
14-1-32 Certificates.. ...... ...... ...... ............. ...... ................ ....... ......... .............. 21
CONDOMINIUM PLATS
14-1-33 General... ........". .............. ......................... .................... .... ......"....... ........... ..... 21
14-1-34 Preliminary Consultation ..............................................................................21
MINOR CONDOMINIUM
14-1-35 Submittal........................... ........................ .."......... .....,.... ........".. ..."..... ......... 22
MAJOR CONDOMINIUM PLATS,
14-1-36 Preliminary Plat Submittal............................................................................ 22
14-1-37 Fee............. ......................... ........ ........................... ................... .... ......" .."........ 22
14-1-38 Preliminary Plat Requirements..........,.......................................................... 22
14-1-39 Preliminary Plat Review and Approval.......................................................22
14-1-40 Surveying ."...... ..........................................................................................".... 23
14-1-41 Certificates .......................... ............................................................................ 23
14-1-42 Fee............................. .................................................... ....". ............................ 23
14-1-43 Recordation.......... """""""""""""""",""""""""""""""""""""""""""""...23
14-1-44 Modifications ............................. .....................................................................23
REPLAT
14-1-45 Replat...............................................................................................................24
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DESIGN STANDARDS
14-1-46 Street Arrangement......... .............,.................................;...............................24
14-1-47 Street Design Standards ................................................................................26
14-1-48 Ingress/Egress on Limited Access Highways ...........................................27
14-1-49 Limited Access Highway and Railroad Right-of-Way..............................28
14-1-50 Blocks. ........ ...................... ......... ..,.. .......... ....".. .."... ........................................ 28
14-1- 51 Utility Easements..... ..... ............." .......".. ...........".... ."....... ............................29
14-1-52 Lots and Land Area .......................................................................................29
14-1-53 Building Setback Lines .................................................................................. 30
14-1-54 Surface Water Drainage ................................................................................30
14-1-55 Creation or Enhancement of Water Features................................ 30
DEDICATIONS AND IMPROVEMENTS
14-1-56 Dedication and Reservation of Lands ........................................................ 31
14-1-57 Improvements ................................................................................................33
14-1-58 Plans .".. .................... .... ................. ...".... ....... ............" ........................ .......".... 33
14-1-59 Inspection ......... ........... ..".......... ........ .... ...... ...... ................... .......................... 34
14-1-60 Public Sanitary &Private Sewage Disposal Systems .................................34
CLUSTER SUBDIVISIONS
14-1-61 Purpose ................................. .............................. ...........................35
14-1-62 Review ........................................................................................... 35
14-1-63 Requirements .......................... ...................................................... 36
14-1-64 Conservation Area Percentage Adjustments ................................. 37
14-1-65 Location of Conservation Areas ....................................................37
14-1-66 Evaluation Criteria .....................................................................................38
14-1-67 Ownership and Maintenance of Conservation areas .................... 39
14-1-68 Maintenance Standards ................................................................. 42
DEFINITIONS
14-1-69 Definitions ......... ...........,... .................................. ...... ............".. ......... .............43
MAPS & TABLES
Map 1
Table 1
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Town of Vinland Subdivision Ordinance
(8) Promote proper monumenting of subdivided land and conveyancing by accurate legal description.
14-1-4
Interpretation and Application.
(1) It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously
adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the
provisions of this chapter shall govern.
(2) In their interpretation and application, the provisions of this chapter shall be held to be minimum
requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or
repeal of any other power granted by the Wisconsin Statutes.
14-1-5
Severability and Non-Liability.
If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
The Town does not guarantee, warrant or represent that only those areas designated as
tloodlands will be subject to periodic inundation and that those soils listed as being unsuited for
specific uses are the only unsuited soils within the Town, and thereby asserts that there is no
liability on the part of the Town Board of Supervisors, its agencies or employees for sanitation
problems or structural damages that may occur as a result of reliance upon, and conformance
with, this ordinance.
14-1-6
Repeal.
All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this
ordinance, to the extent of the inconsistenq only, are hereby repealed.
14-1-7
Effective Date.
This ordinance shall be effective after a public hearing, adoption by the Town Board of
Supervisors, and publication or posting as provided by law.
GENERAL PROVISIONS
14-1-8
Geographic Density And Conservation Area Standards
To preserve farmland and implement the goals and objectives of the Town of Vinland's Land
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Town of Vinland Subdivision Ordinance
Use (and future Comprehensive) Plan, any new subdivisions (other than CSM's) will be required
to meet the development criteria established below and shall be platted using the Cluster
Subdivision process as described in 14-1-61 of this ordinance.
Depending on where a potential subdivision may be located, such plat may have different
development criteria. It is important that a developer or property owner is aware of the
geographic area or zone his or her property is located within (see map on the following page) to
understand the conditions that will need to be met in order to obtain town approval.
Zone 1
Geographic Density-Zone 1:
The Town of Vinland requires any subdividing in Zone 1, defined as sections 8, 9, 10, 11, 14, 15,
16, and 17 in Range 16 East, which are all west of Highway 76, to have not less than 10 lots and
that such a subdivision in these areas shall follow the Cluster form of platting as regulated under
14-1-62 to 14-1-69 of this Ordinance.
CONSERVATION AREA STANDARDS-Zone 1:
Lot size in Zone 1 shall be one and one-half to two acres. A minimum of fifty percent (50%) of
the plat shall be open common space. A Community well or sewer system and buffer areas can
be part of the fifty percent conservation area.
Zone 2
Geographic Density-lone 2:
(1) The Town of Vinland requires any subdividing in Zone 2, defined as sections 1, 2, 3, 4, 5, 6, 7,
12,13,18,19,20,21,22,23, and 24 in Range 16 East, and sections 16,17,18,19,20 and 21 in Range 17
East, to have not less than 20 lots and that such subdivision in these areas shall follow the Cluster
form of platting as regulated under 14-1-62 to 14-1-69 of this Ordinance.
CONSERVATION AREA STANDARDS-Zone 2:
Lot size in Zone 2 shall be one-half to one acre. A minimum of twenty five percent (25%) of the
plat shall be open common space. A Community well or sewer system and buffer areas can be
part of the twenty-five percent conservation area.
Annual Subdivision Filing Limitations.
Limitation on Number of Plats Per Year:
The Town of Vinland limits the number of plats in a calendar year to two (2) preliminary
subdivisions on a first-come, first serve basis.
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Town of Vinland Subdivision Ordinance
GENERAL PROVISIONS
14-1-9
Jurisdiction.
The jurisdiction of this chapter shall include all lands within the Town of Vinland. However, in no
instance shall the provisions of this chapter apply to:
(1) Transfers of interest in land by will or pursuant to court order.
(2) Leases for a term not to exceed 10 years, mortgages or easements.
(3) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not
thereby created and the resultant lots are not reduced below the minimum size required by these
regulations, the Town/County Zoning Ordinance or other applicable laws or ordinances. For the
purpose of this section, an additional lot is deemed to be created if the parcel being sold or created is not
combined with the adjoining parcel by means of a new legal description in accordance with Section 14-1-
11.
(4) Cemetery plats (s.s. 157.07) and Assessor's Plats (s.s. 70.27), but both shall comply with 236.15
(1) (a) to (g) and 2 (a) to (e).
14-1-10 Combining Lots.
Lots shall be combined into one parcel according to 14-1-11 when one or more of the following occurs:
(1) The requirements of 14-1-9 (3) are not met.
(2) A use, structure, or structural addition that occupies more than one lot under the same ownership.
(3) Existing substandard lots on record platted according to Ch. 236 Wis. Stats. When, in the
determination of the Zoning Administrator, the intent of the district will not be maintained at the time of
construction.
14-1-11 Combining Description.
Land described in 14-1-10 shall be combined into one parcel by Certified Survey Map procedures and
recorded in the County Register of Deeds Office.
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Town of Vinland Subdivision Ordinance
14-1-12 Compliance.
Any division of land within the jurisdictional limits of these regulations which results in a land division,
replat or condominium plat as defined herein shall not be entided to recording and/or improvements to
the land unless it is in compliance with all the requirements of this chapter and:
(1) Duly approved County Zoning and Private Sewage System Ordinances.
(2) County Access Control Ordinance.
(3) Applicable local ordinances.
(4) Consistent with the provisions of Chapter 236, Wisconsin Statutes.
(5) Provisions of the Winnebago County Land Records Ordinance as enumerated in Section 8.05
of the Winnebago County Code.
(6) Town ofVinland Land Use Plan
(7) Town ofVinland Development Ordinance and Agreement requirements.
14-1-13 Land Suitability..
No land shall be divided which is held unsuitable for any proposed use by the Town Board for reason of
flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe
erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any
other feature likely to be harmful to the health, safety or welfare of future residents of the proposed
subdivision or of the community. The Town Board in applying the provisions of this chapter shall in
writing, cite the particular facts upon which it bases its conclusion that the land is not suitable for the
proposed use and afford the applicant an opportunity to present evidence regarding such suitability at a
public hearing. Thereafter, the Town Board may affirm, modify or withdraw its determination of
unsuitability.
14-1-14 Variances.
(1) In any particular case where it can be shown that with reason of exceptional topographic or other
physical conditions, strict compliance with any requirement of this chapter would cause practical difficulty
by exceptional and undue hardship, the Vinland Board of Appeals may relax such requirement to the
extent deemed just and proper so as to relieve such difficulty or hardship, provided such relief may be
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Town of Vinland Subdivision Ordinance
(3) Monuments disturbed or not placed shall be subject to the provisions of Sec. 236.32, Wisconsin
Statutes.
(4) Assessor's plat may be ordered by the Town when a subdivision is created by successive divisions as
provided in Sec. 236.31(2), Wisconsin Statutes.
(5) Any person failing to comply with the provision of this land division ordinance shall be subject to
penalties assessed by the Town ofVinland, as amended from time to time, for similar violations.
14-1-17 Appeals.
If the Town of Vinland's Town Board denies a plat, the petitioner may appeal the denial to the
Town of Vinland's Board of Appeals committee. If the Town's Board of Appeals supports the
Town Board's denial, the petitioner may then commence an action seeking the remedy available
by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on
application, on notice to the board of appeals and on due cause shown, grant a restraining order.
The court may also reverse or affirm, wholly or partly, or may modify, the decision brought up
for review.
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Town ofVinland Subdivision Ordinance
CERTIFIED SURVEY MAP (CSM)
14-1-18 Submittal.
Previous to filing a Certified Survey Map (CSM) of any parcel of land, the subdivider shall consult
with the Town Zoning Administrator for advice and assistance to assure the division does not
conflict with local, county, or regional plans.
The subdivider shall provide the Town with a reasonably accurate concept plan of the land being
considered for division. 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 streets and schools 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, not
intended for immediate sale or other conveyance, the Town Board may waive the requirement for
inclusion of the residual parcel. In this case, a supplementary map of reasonable accuracy shall
be attached showing the relationship to the original ownership of the parcel or parcels being
severed. In the event the division involves the dedication and development of a Town road, the
subdivider shall submit an itemized estimate of the costs of required public improvements.
After tentative Town approval of a concept plan, the subdivider shall proceed to have a Certified
Survey Map prepared. The Certified Survey Map shall be drawn in accordance with this
ordinance and shall meet all of the requirements of Sections 236.34 and 236.21 of the State
Statutes that relate to subdividing. In addition, when the map is located within a quarter section
where the comers have been relocated, monumented or placed on the state plane coordinate
system, the CSM shall be tied directly to such sectìon quarter comers. The subdivider shall file
ten (10) copies of the CSM along with an application form (available from the Town Zoning
Administrator), accompanied by a filing fee (on record in the Town Zoning Administrator's
office). Said filing must occur with the Town Zoning Administrator at least one week prior to the
Town Board meeting. In the event the division involves the dedication and development of a
Town road, the subdivider shall also file a Developer's Agreement.
14-1-19 Review and Approval.
The CSM shall be reviewed by the Town Board for conformance with this Ordinance and all
ordinances, roles, regulations, and Town Land Use Plan. The certified survey map shall be
prepared by a registered land surveyor in accordance with the provisions contained in Chapter
236.34, Wisconsin Statutes, and shall show clearly on its face the following:
(1) All existing buildings, setbacks, water courses, drainage ditches, names of adjacent owners,
setbacks to structures on adjacent property & other features pertinent to division of property.
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Town of Vinland Subdivision Ordinance
(2) Location of access to public road.
(3) Date of the map with a graphic scale.
(4) Name and address of the person for whom the survey was made.
(5) An owner's certificate and approval signature of the Town Chairperson, Town Zoning
Administrator, and Town Treasurer's certificate in accordance with Chapter 236.21(3) Wisconsin
Statutes, shall be the only approvals required for recording unless additional approvals are necessary for
dedication purposes.
(6) All corners shall be monumented, as required by the State Statutes.
(7) Prepared on durable white paper, on tracing cloth, or paper (that can be copied), 8 % inches
wide by 14 inches long. The scale shall not be more than 500 feet to the inch.
(a) 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 comer marked and
established in the United States public land survey. The surveyor's certificate shall state that he
has complied with the requirements of Chapter 236 of the Wisconsin Statutes.
(b) 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 is forwarded to the subdivider. If the Map is approved, the Town Board shall
cause the Town Zoning Administrator to so certify on the original Map and return the Map to the
subdivider.
(c) If public right-of-way is being dedicated, an executed Developer's Agreement shall be
required for any proposed improvements as prescribed in Section 14-1-59 of this Ordinance. The
petitioner will be obligated to pay all legal and professional fees associated with the Town's
review and approval of the Developer's Agreement.
(d) 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 the number of the survey, the volume and page where recorded, and the name of the
county. Any land or improvements offered for dedication and approved by the governing agency
accepting the dedication shall be deeded at the time of recording, unless otherwise arranged.
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SUBDIVISION PROCEDURE
14-1-20 Preliminary Consultation.
When it is proposed to divide land into five (5) or more lots or building sites by successive
division, the subdivider shall subdivide in accordance with the following procedures:
1) The subdivider shall have an initial consultation with Town Planning Committee and any
other people deemed necessary, including a Sanitary District representative, Town
Planner/Engineer, or County staff, before proceeding with platting procedures. The petitioner
will be asked to submit a concept plan and meet with the Planning Committee on the site
proposed for platting. The purpose of this consultation is to review the site together with the
petitioner and establish the parameters, regulations, and policies regarding the following issues:
(a) The suitability of the site for development,
(b) The accessibility of the site,
(c) The availability of public facilities (sewer, school, parks, water, etc.) and public services
(police, fire, etc.),
(d) Soil conditions and drainage patterns,
(e) The effect of the proposed development on any contemplated improvements,
(t) Zoning of the site and regulations that apply,
(g) Required public improvements.
(h) Consistency with the Town's Land Use Plan
2) The subdivider shall submit a concept plan on a topographic survey map indicating the
nature of the above conditions. The initial concept plan should take into account the intent of
this ordinance as well as any other reviewing agencies' comments obtained in contacts with the
appropriate agencies. Additional meetings may be required if the concept plan needs to be
significandy altered to meet the criteria identified in this ordinance.
3) The concept plan will be reviewed as it relates to:
(a) Topography, based on a U.S.G.S Quadrangle map,
(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 Wisconsin Statutes,
(e) Consistency with the Town's Land Use Plan and any other Town ordinances and policies,
(t) An appropriate amount of conservation area based upon the zone in which it is located.
(g) For property within a Town Sanitary District, the proposed plat must be consistent with the
Sanitary District's plans for providing sanitary sewer service, as determined by the Town Sanitary
District, or in areas not served by public sanitary sewer, Winnebago County will issue permits for
private sanitary sewer systems.
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Town of Vinland Subdivision Ordinance
14-1-21
Developer's Agreement.
As part of the final plat submission, the Town requires the subdivider to provide a Developer's
Agreement. An example of a Developers Agreement is available from the Town Zoning
Administrator. Such an agreement must be approved by the Town Board during the final plat
review process. The petitioner will be obligated to pay all legal and professional fees associated
with the Town's review and approval of the Developer's Agreement. Any fees that are part of the
Developer's Agreement shall be paid prior to town approval of the final plat.
14-1-22 Preliminary Plat Review.
1) At least thirty (30) days prior to the Planning Committee meeting, the subdivider shall file
with the T own Zoning Administrator, the following items for Preliminary Plat Review:
(a) Five (5) full size copies of a 24" x 36" scaled Preliminary Plat, plus one (1) additional full size
copy for the City of Oshkosh or City of Neenah, if the plat lies within one of the Cities
extraterritorial plat review jurisdiction (within 3 miles of Oshkosh or Neenah)
(b) A 11" by 17" or 81/2" by 11" copy of the map for copying purposes
(c) Application form (available from the Town Clerk or Zoning Administrator)
(d) A filing fee (on record in the Town Clerk's office)
2) Said filing must occur with the Town Zoning Administrator at least thirty (30) days prior to
the Planning Committee meeting. The subdivider should also file a copy with the utility
companies, (Sanitary Districts, if applicable, Power Company, Telephone Company, and Cable
Company), having jurisdiction over the subject area so that required easements can be
determined. A subdivision within a Sanitary Sewer Service District and Sewer Service Area must
include District sanitary sewer service. A subdivision in a Sanitary District but not in the Sewer
Service Area shall include a statement on the face of the plat that homeowners must connect to
sanitary sewer, at their own expense, once it is installed in an abutting street right-of-way. This
statement shall also be a separate recorded document and shall apply to future owners of the lots
that are listed in the document.
3) Response from utility companies shall be submitted for informational purposes to the Town
Zoning Administrator when the Preliminary Plat is filed.
4) Within ten (10) working days after filing, the Town Zoning Administrator shall transmit the
following copies (as provided by the applicant):
(a) Five (5) 11 inch by 17 inch copies to the Planning Committee
(b) One full size copy to the City of Oshkosh or Neenah if within the affected City's
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Town of Vinland Subdivision Ordinance
Extraterritorial plat review area.
(c) Three (3) full size copies to the Town Board,
(d) One (1) full size copy for Meeting display and Clerk's Copy
(e) One (1) full size copy to the East Central Regional Planning Commission, and
(f) One (1) full size copy to the Town Engineer/Planner
5) The subdivider (developer) will be responsible for submitting the required copies to
Winnebago County and State Agency that is responsible for reviewing the preliminary plat
according to 236.12 (6) of the Wisconsin Statutes. A copy of the transmittal letter shall be
forwarded to the Town Zoning Administrator. State review comments returned to the subdivider
shall be forwarded to the Town Zoning Administrator for inclusion in the Town's review. If no
objections were made by State Reviewing agencies, the subdivider is supplied with a State
certified copy. The subdivider must provide the Town with a copy of the State certification
indicating no objections were found. If an objecting Agency fails to act within thirty (30) days, it
shall be deemed to have no objection to the plat.
6) The Preliminary Plat shall be reviewed by the Planning Committee for conformance with this
ordinance and all other ordinances, rules, regulations, and Town Land Use Plan. The
Preliminary Plat shall then be forwarded to the Town Board with a recommendation for approval
or rejection. The Town Board is hereby designated as approving authority for all Preliminary
Plats.
7) Within ninety (90) days of the date of filing the Preliminary Plat with the Town Zoning
Administrator (unless time is extended by mutual consent with the applicant), the Town Board
shall approve, approve conditionally, or reject such Plat, in accordance with Section 236.11(1) of
the Wisconsin Statutes. Failure of the Town Board to act within ninety (90) days shall constitute
an approval. One (1) copy of the Plat shall be returned to the subdivider with the date and action
endorsed thereon. If approved conditionally or rejected, a letter setting forth the conditions of
approval or the reasons for rejection shall accompany the plat. A copy of the plat and letter shall
be filed in the Town Zoning Administrator's office.
8) Approval or conditional approval of the Preliminary Plat by the Town Board shall be deemed
an expression of approval or conditional approval of the proposed Subdivision. If the Final Plat
conforms substantially to the Preliminary Plat as approved, including any conditions of that
approval and to Town plans and ordinances, the Town shall approve the Final Plat if submitted
within 24 months of the last required approval of the Preliminary Plat.
9) Because Winnebago County has the authority to review any subdivision within the Town, the
subdivider shall comply with the most restrictive requirements of either the Town or County. If
either the County or Town deem conditions to be unclear, a joint meeting could be requested by
either entity to clarify the most restrictive conditions.
10) Approval or conditional approval of a preliminary plat does not constitute or bind the Town
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Town of Vinland Subdivision Ordinance
ofVinland to automatic approval of the final plat.
14-1-23 Final Plat Review.
1) At least thirty (30) days prior to the Planning Committee meeting, the subdivider shall file
with the Town Zoning Administrator, the following items for the Final Plat Review:
(a) One (1) original copy and five (5) copies of a 24" x 36" scaled Final Plat, plus one (1)
additional full size copy for the City of Oshkosh or City of Neenah, if the plat lies within one of
the City's extraterritorial plat review jurisdiction (within 3 miles of Oshkosh or Neenah)
(b) A 11" by 17" or 81/2" by 11" copy of the map for copying purposes
(c) Application form (available from the Town Clerk or Zoning Administrator)
(d) A filing fee (on record in the Town Clerk's office)
(e) A Developer's Agreement
2) Within ten (10) working days after filing, the Town Zoning Administrator shall transmit the
following copies (as provided by the applicant):
(a) Five (5) 11 inch by 17 inch copies to the Planning Committee
(b) One (1) full size copy to the City of Oshkosh or City of Neenah (if within the City
Extraterritorial plat review area).
(c) Three (3) full size copies to the Town Board,
(d) One (1) full size copy to the Town Attorney,
(e) One (1) full size copy for Meeting display and Clerk's Copy
(f) One (1) full size copy to the East Central Regional Planning Commission, and
(g) One (1) full size copy to the Town Designated Engineer
3) The subdivider (developer) will be responsible for submitting the required copies to
Winnebago County and State Agency that is responsible for reviewing the final plat according to
236.12 (6) of the Wisconsin Statutes. State review comments returned to the subdivider shall be
forwarded to the Town Zoning Administrator for inclusion in the Town's review. If no objections
were made by State Reviewing agencies, the subdivider is supplied with a State certified copy.
The subdivider must provide the Town with a copy of the State certification indicating no
objections were found. If an objecting Agency fails to act within thirty (30) days, it shall be
deemed to have no objection to the plat.
4) The Final Plat, may, if permitted by the Town Board, constitute only that portion of the
approved Preliminary Plat that the subdivider proposes to record at that time, with any
conditions of approval. If the Final Plat is not submitted within twenty-four (24) months of the
last required approval of the Preliminary Plat, the Town Board may refuse to approve the Final
Plat and may require the subdivider to resubmit a Preliminary Plat subject to Section 14-1-22,
unless the Town and Land developer can reach an agreement as to extending the approval time.
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Town of Vinland Subdivision Ordinance
5) Following a recommendation from the Planning Committee, 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 in accordance with Section 236.11(2) of the Wisconsin Statutes, 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 with a
copy to the Planning Committee. The Town Board may not approve 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.
6) Failure of the Town Board to act within sixty (60) days, with no time extensions, and no
unsatisfied objections having been filed, shall cause the plat to be approved (SS 236.11 (2».
14-1-24 Recordation.
Following Final Plat approval by the Town Board and required improvements either installed or
a Developer's Agreement and sureties ensuring completion of installation are executed and filed,
the Town Zoning Administrator shall cause the certificate inscribed upon the Plat. The plat must
be recorded in the Winnebago County Register of Deeds office within 6 months after the date of
the last approval of the plat and within 24 months after the first approval.
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Town of Vinland Subdivision Ordinance
GENERAL PLAT REQUIREMENTS
14-1-25 Preliminary Plat Requirements.
A preliminary plat shall be required for all major subdivisions and shall be based upon a survey by a
registered land surveyor and the plat prepared on reproducible material at a scale of not more than 100
feet to the inch and shall show correcdy on its face the following information:
(1) Title under which the proposed subdivision is to be recorded.
(2) Legal description and general location of proposed subdivision and relative location to a nearby
municipality.
(3) Date, scale and north arrow.
(4) Names & addresses of the owner, subdivider and land surveyor preparing the plat
(5) Existing Parcel numbers.
(6) Entire area contiguous to the proposed plat owned or controlled by the applicant shall be included on
the preliminary plat even though only a portion of such area is proposed for immediate development.
The Town Board may waive this requirement where it is unnecessary to fulfill the purposes and intent of
this chapter and undue hardship would result from strict application thereof.
(7) Approximate length and bearing of the exterior boundaries of the proposed subdivision referenced to
a corner established in the U. S. Public Land Survey and the total acreage encompassed thereby.
(8) Contours at vertical intervals of not more than two feet where the slope of the ground surface is less
than 10% and of not more than five feet where the slope of the surface is 10% or more. Elevations shall
be marked on such contours based on mean sea level datum or, where in the judgement and
recommendation of the Planning Committee, undue hardship would result because of the remoteness
of the parcel from a mean sea level reference elevation, another datum may be used.
(9) Water elevations of adjoining lakes and streams at the date of survey, ordinary high water elevation,
and designated floodplains, wedands, shoreland boundaries, and surface water drainageways regulated
under the authority of the Winnebago County Town/County Zoning Ordinance and Sections 14-1-54
and 14-1-55 of this ordinance.
(10) Location, right-of-way width and names of all existing and proposed streets, alleys or other public
ways, easements, railroads and utility rights-of-way and all section and quarter section lines within the
exterior boundaries of the plat or immediately adjacent thereto.
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(11)Location and names of any adjacent lubdivisions, parks, schools, and cemeteries and owners of
record of abutting unplatted lands. I
(12)Type, width and elevation of any existing street pavements within the exterior boundaries of the plat
or immediately adjacent thereto, together with any legally established centerline elevations, all to the
datum used for the contours.
(13)Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drainpipes,
the location of manholes, catch-basins, hydrants, power and telephone poles and the location and size of
any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent
thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such
sewers or water mains which might be extended to serve the tract shall be indicated by their directions
and distance from the tract, size and invert elevations.
(14)The soil types and their boundaries, and the location and results of soil evaluations on plats served by
on-site systems.
(15)Locations of all existing property boundary lines, structures, drives, streams and water courses,
marshes, rock outcrops, wooded areas, railroad tracks and other similar significant features within the tract
being subdivided or immediately adjacent thereto.
(16)Dimensions of all lots, together with proposed lot and block numbers.
(17)In the preliminary plat stage, show the location & dimensions of sites to be reserved or dedicated
for parks, playgrounds, pedestrian walkways, drainageways or other public use, or which are to be used
for group housing, shopping centers, church sites or other non-public uses not requiring platting. In
Cluster Subdivisions, conservation areas must be identified.
(18)Approxtinate radii of all curves.
(19)Existing zoning and proposed use on and adjacent to the proposed subdivision.
(20)Corporate limit lines.
(21)Any proposed lake and stream access with a small drawing clearly indicating the location of the
proposed subdivision in relation to the access.
(22)Any proposed lake and stream improvement or relocation and proposed filling, grading, lagooning
and dredging and the notice of application for the State Department of Natural Resources, and Corps of
Engineers, approval, when applicable.
(23) Seasonally wet areas.
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Town of Vinland Subdivision Ordinance
(24)Any additional information required by the Plànning Committee, Town Zoning Administrator
Town Engineer, or Town Board, to complete the review.
14-1-26 Street Plans and Profiles.
The subdivider shall provide street plans and profiles showing existing ground surface, proposed and
established street grades, including extensions for a reasonable distance beyond the limits of the proposed
subdivision, when requested by the Town, and all elevations, plans and profiles shall meet the approval of
the Town designated Engineer.
14-1-27 Testing.
The Town designated Engineer may require that borings and soundings be made in designated areas to
ascertain subsurface soil, rock and water conditions including the depth to bedrock and the depth to
groundwater table.
14-1-28 Covenants.
The Planning Committee shall require submission of a draft of protective covenants whereby the
applicant intends to regulate land use in the proposed subdivision and otherwise protect the proposed
development.
14-1-29 Affidavit.
The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct
representation of all existing land divisions and features and that he has fully complied with the provisions
of this chapter.
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Town of Vinland Subdivision Ordinance
FINAL PLAT REQUIREMENTS
14-1-30 General Requirements.
A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in
all respects with the requirements of Sec. 236.20, Wisconsin Statutes. The final plat shall comply in all
respects with the requirements of Sec. 236.20, Wisconsin Statutes, along with the following:
(1) All building setback lines based on Table 1 of this Ordinance, which is the Town ofVinland's
Zoning Setback requirements.
(2) All lands reserved for future public acquisition or reserved for the common use of property
owners within the plat. If common property is located within the plat, then provisions for its use
and maintenance must also be provided with the plat.
(3) Exact street width along the line of any obliquely intersecting street.
(4) Railroad rights-of-way within and abutting the plat.
(5) Additional setback lines or yards required by the subdivider which are more restrictive than
the zoning district in which the plat is located are to be included in recorded covenants.
(6) Location of soil percolation and soil boring tests shall be shown on all plats to be served by
on-site sanitary systems.
(7) Floodplain and shoreland boundaries and the contour line lying a vertical distance of two (2)
feet above the elevation of the 100 year recurrence interval flood or, where such data is not
available, five (5) feet above the elevation of the maximum flood of recorded within the exterior
boundaries of the plat or located within 100 feet therefrom.
(8) All lands reserved for future public acquisition, dedication or reserved for the common use of
property owners within the plat. If property reserved for common use is located within the
subdivision, provisions and plans for its use and maintenance shall be submitted with the plat.
(9) Special restrictions required by the Town Board and any other approving or objecting agency
relating to access control along public ways, the provision of planting strips or the treatment of
shoreland and floodplains.
(10) Consistency with the State Plane Coordinate System.
(11) Any covenants that will be filed with or separate from the final plat.
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(12) When residential subdivisions, including CSM's, are platted adjacent to a non-residential
use, i.e. agricultural (such as a farm operation), nonmetallic mining (such as a quarry operation),
or commercial! industrial operation, the subdivider shall include a statement on the face of the
plat that future owners of homes need to be aware of and understand the implications of living
next to the specific non-residential use. The disclosure language shall be subject to the review
and approval of the town.
14-1-31 Surveying and Monumenting.
All final plats shall meet all the surveying and monumenting requirements of Sec. 236.15, Wisconsin
Statutes.
14-1-32 Certificates.
All final plats shall provide all the certificates required by Sec. 236.21, Wisconsin Statutes, and in addition,
the surveyor shall certify that he has fully complied with all the provisions of this chapter and shall
provide a certificate for Town Board approval.
CONDOMINIUM PLATS
14-1-33 General.
It is the intent of this section to regulate condominiums as it is related to zoning and for the division of
land for the purpose of establishing a condominium plat.
14-1-34 Preliminary Consultation.
Prior to submitting an application for approval of a condominium plat the subdivider shall consult with
the Town to become informed of the purpose and objectives of these regulations.
In order to facilitate the consultation the subdivider shall provide a plat plan drawn to reasonable scale
depicting the general lot layout, exterior property boundary, roadways, known easements and unique
natural features.
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Town of Vinland Subdivision Ordinance
MINOR CONDOMINIUM PLATS
14-1-35 Submittal.
Creation of a minor condominium plat shall be by certified survey map of less than 5 lots. The certified
survey map shall be submitted to the Town following procedures as set forth under Minor Land
Divisions, 14-1-18 of this ordinance and shall be prepared according to 236.34 and 703.11, Wis. Stats.
MAJOR CONDOMINIUM PLAT
14-1-36 Preliminary Plat Submittal.
(1) The subdivider shall prepare a preliminary plat in accordance with this chapter. The applicant shall
file a copy direcdy to the County and provide the Town eight copies of the preliminary plat, and the
required number of copies for the County Zoning Department and any adjoining city or village, if in the
extraterritorial plat approval jurisdiction.
(2) In addition, condominium plats shall comply with the jurisdictional authority granted to Winnebago
County T own/ County Zoning Ordinance.
14-1-37 Fee.
(1) An application fee as set forth by the Town ofVinland fee schedule shall be paid in full at the time of
submittal of the preliminary plat.
(2) Plats must be submitted simultaneously to all approving agencies and fees paid accordingly.
14-1-38 Preliminary Plat Requirements.
Refer to the provisions of the typical Preliminary Plat requirements as found in Sections 14-1-25
through 14-1-29 of this chapter.
14-1-39 Preliminary Plat Review and Approval.
(1) In order to facilitate public comment, the Town Board shall notify all property owners within 300 feet
of the subject site with a meeting agenda concerning the subject site utilizing first class mail with an
affidavit of mailing at least 10 (ten) days prior to the date of such meeting. The Town Board shall
conduct a meeting to review the Plat for conformance with this chapter and all other ordinances, rules,
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regulations that affect the Plat. At this meeting, the Town Board shall permit the public to comment on
the proposed plat. The Town Board shall either approve, approve conditionally, or reject the Preliminary
Plat within ninety (90) days of submittal. If the Town Board takes no actions within 90 days, the
Condominium Plat is approved.
(2) Exception. Condominium plats which are located within the jurisdictional authority of the
Winnebago County T own/ County Zoning Ordinance.
14-1-40 Surveying.
All final plats shall meet all the surveying requirements of Sec. 703.11 Wisconsin Statutes.
14-1-41 Certificates.
All final plats shall provide the surveyor's certificate required by Sec. 703.11(4) Wisconsin Statutes, and in
addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter and
shall provide a certificate for Town approval.
14-1-42 Fee.
(1) An application fee as set forth by the Town shall be paid in full at the time of submittal of the final
plat.
(2) Conditional Use Permit. Condominium plats which are located within the jurisdictional authority of
the Winnebago County Town/County Zoning Ordinance requiring conditional use permit according
to Sec. 17.08 and Sec. 17.25 for planned unit developments will be required to pay a separate fee to
the County.
14-1-43 Recordation.
After the final plat has been approved by the Town, Winnebago County and any other approving
agencies, the subdivider shall record the plat with the County Register of Deeds in accordance with Sec.
703.11 Wisconsin Statutes.
14-1-44 Modifications.
Modifications to either a condominium plat or declaration shall require review and approval by the Town.
If the Town determines the modification to substantially modify the original approval, it may require
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Town of Vinland Subdivision Ordinance
resubmittal for review and approval as if it were a new submittal according to the provisions of this
section.
REPLAT
14-1-45 Replat.
In accordance with Section 236.36, Wisconsin Statutes, a replat of all or any part of a recorded
subdivision which does not alter areas previously dedicated to the public may be made by
complying with Section 14-1-20 through 14-1-24 of this Ordinance. When a proposed replat
involves alteration or vacation of areas previously dedicated to the public, the subdivider shall
vacate or alter the recorded plat in accordance to Chapter 80 of the Wisconsin Statutes.
DESIGN STANDARDS
14-1-46 Street Arrangement.
The subdivider shall dedicate land for and improve streets as provided herein.
(1) Streets shall be consistent with the general location of collector and arterial streets from Official
Mapped street maps (City of Neenah, City of Oshkosh, or future Town Official Maps). In areas
for which an official map has not been completed, the street layout shall recognize the functional
classification of various street types and shall be developed and located in proper relation to existing and
proposed streets, with due regard to topographical conditions, natural features, utilities, land uses and
public convenience and safety.
(2) All land divisions shall be designed so as to provide each lot with satisfactory access to a public street
as provided herein.
(3) The following conditions shall apply for street arrangement in all proposed land divisions:
(a) Arterial Streets. Arterial streets shall be arranged so as to provide ready access to centers of
employment, high-density residential areas, centers of government activity, community shopping
areas, community recreation and points beyond the boundaries of the community. They shall also
be properly integrated with and related to the existing and proposed system of major streets and
highways and shall be, insofar practicable, continuous and in alignment with existing or planned
streets with which they are to connect.
(b) Collector Streets. Collector streets shall be arranged so as to provide ready collection of
traffic from residential areas and conveyance of this traffic or the major street and highway system
and shall be properly related to special traffic generators such as schools, churches and shopping
centers and other concentrations of population; and to the major streets into which they feed.
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Town of Vinland Subdivision Ordinance
(c) Minor Streets. Minor streets shall be arranged to conform to the topography, to discourage
use by through traffic, to permit the design of efficient storm and sanitary sewerage systems and
to require the minimum street area necessary to provide safe and convenient access to abutting
property.
(d) Street Intersections.
1. Streets shall intersect each other as nearly as possible at right angles and not more than
two streets shall intersect at one point unless approved by the Town Board.
2. The number of intersections along major streets and highways shall be held to a
minimum. Access to county roads shall be administered by the Winnebago
County Highway Department. Otherwise, wherever practicable, the distance
between such intersections should not be less than 600 feet.
3. Street jogs with centerline offsets ofless than 125 feet shall not be approved.
(e) Proposed Streets. Proposed streets shall extend to the boundary lines of the tract being
divided, unless prevented by topography or other physical conditions or unless, in the opinion of
the Town Board, such extension is not necessary or desirable for the coordination of the layout of
the subdivision or for the advantageous development of adjacent land tracts. Such streets shall
terminate with a temporary turnaround of 120 feet right-of-way diameter and a roadway of not
less than 90 feet in diameter.
(f) Arterial Street and Highway Protection. Whenever the proposed land division contains or is
adjacent to a major street or highway, adequate protection of residential properties is required.
Adequate protection is met by limiting access and separating through and local traffic and shall be
provided by reversed frontage, with screen planting contained in a non-access reservation along
the rear property line or by the use of frontage streets.
(g) Reserve Strips. Reserve strips controlling access to streets or alleys shall be prohibited except
where their control is definitely placed with the Town or County.
(h) Alleys. Alleys may be required in commercial and industrial districts to provide for off-street
loading and service access, but shall not be approved in residential districts unless required by
unusual topography or other exceptional conditions. Dead-end alleys shall not be approved and
alleys shall not connect to a Federal, State or County Trunk Highway.
(i) Street Names. Street names shall not be duplicated or be similar to existing street names and
existing street names shall be projected or continued wherever possible.
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Town ofVinland Subdivision Ordinance
14-1-47 Street Design Standards.
(1) The minimum right-of-way of all proposed streets shall be as specified on the adopted Town Road
Construction Ordinance, available in the Town Clerk's office.
(2) Minimum roadway width and surface width of all new land division roads shall comply with the
Developer's Agreement or Section 86.26, Wisconsin Statutes, whichever is more restrictive.
(3) Cul-de-sac streets designed to have one end permanendy closed should not normally exceed 600 feet
in length, but can be up to 1,000 feet in length provided density is not more than 15 housing units
being served by said street. The Town may require an Official Mapped Street Stub or future
connection to an existing road to decrease the permanent length of a cul-de-sac street. Such
streets shall terminate in a circular turnaround having a minimum right-of-way diameter of 130 feet and a
minimum roadway pavement diameter of 100 feet.
(4) Street grades shall comply with the Developer's Agreement, supplemented by Sec. 86.26,
Wisconsin Statutes. Street grades shall be established wherever practicable so as to avoid excessive
grading, the promiscuous removal of ground cover and tree growth and general leveling of the
topography.
(5). Radii of curvature - When a continuous street centerline deflects at anyone point by more than 10
degrees, a circular curve shall be introduced having a radius of curvature on such centerline of not less
than 100 feet on minor streets. In general, arterial streets should have a flatter horizontal and vertical
curve than minor streets.
(6) Half streets shall be prohibited except where:
(a) The other half has already been dedicated.
(b) Its alignment is shown on an officially adopted street plan.
(7) Vision comer easements shall be required along State Highways. The petitioner shall contact
The Department of Transportation's District Office in Green Bay to obtain current standards for
vision comer requirements on a State Highway.
(8) Any new or rebuilt bridges, culverts or roadways, built within a Floodplain District, shall meet
all of the requirements established under the County's Floodplain Ordinance, and other
T own/ County Ordinances.
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Town of Vinland Subdivision Ordinance
14-1-48 Ingress and Egress on Limited Access Highways.
Where a tract, lot or parcel of land abuts a County controlled limited access highway, defined in Chapter 7
of the Winnebago County General Code, access shall be provided by one of the following:
(1) Access control permit issued by the County Highway Department. The Road access permit shall
be issued and the number shall be shown on the face of the CSM or Plat before said documents
are recorded.
(2) Easement to use an existing access.
(3) Frontage road dedicated to the public having an approved access.
(4) Variance approved by the Winnebago County Board of Adjustment.
If access is provided by an easement to use an existing access, then the following provisions shall apply:
(a) The parent parcel having an existing access shall allow access to each subsequent parcel;
and
(b) Each subsequent parcel shall allow access to each additional subdivided parcel, not to
exceed the maximum spacing requirements of Chapter 7, Winnebago County General Code.
(c) Setback requirements will be applicable to the Town of Vinland's Zoning Setback
requirements as shown on Table 1.
(d) Easement right-of-way shall be a minimum of 66 feet in width, and shall not include public
right-of-way (overlap) within the easement width.
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Town of Vinland Subdivision Ordinance
14-1-49 Limited Access Highway and Railroad Right-of-Way.
Whenever the proposed land division contains or is adjacent to a limited access highway or railroad right-
of-way, the design shall provide the following treatment:
(1) When residential lots 'within the proposed land division back upon the right-of-way of an existing or
proposed limited access highway or railroad, the following restriction shall be lettered on the face of the
plat: "Direct vehicular access to (Nllmp: nf"RnllC1) from lots abutting such road is prohibited".
(2) Commercial and industrial districts should provide, on each side of the limited access highway or
railroad right-of-way, streets approximately parallel to and at a suitable distance from such highway or
railroad for the appropriate use of the land between such street and highway or railroad right of ways,
but not less than 150 feet.
(3) Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street,
highway or collector street which crosses such railroad or highway, shall be located at a minimum distance
of 250 feet from such highway or railroad right-of-way. Such distance, where desirable and practicable,
shall be determined with due consideration of the minimum distance required for the future separation of
grades by means of appropriate approach gradients.
(4). Minor streets immediately adjacent and parallel to railroad right-of-way should be avoided.
(5). State of Wisconsin setback requirements from a state highway
14-1-50 Blocks.
The widths, lengths and shapes of blocks shall be suited to the planned use of the land, zoning
requirements, need for convenient access, control and safety of street traffic and the limitations and
opportunities of the topography.
(1) LENGTH - Blocks in residential areas should not as a general rule be less than 500 feet nor more
than 1,500 feet in length unless otherwise dictated.
(2) WIDTH - Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth,
except where otherwise required to separate residential development from through traffic or where lots
abut a lake or stream. Width of lots or parcels reserved or laid out for commercial or industrial use shall
be adequate to provide for off-street service and parking required by the use contemplated and the area
zoning provisions for such use.
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Town ofVinland Subdivision Ordinance
14-1-51 Utility Easements.
All utility lines for electric power and telephone service shall be placed on mid-block easements along rear
lot lines whenever carried on overhead poles, except. where lots abut a lake or stream or where such
location is deemed engineeringly unfeasible by the utility company involved. At the discretion of the
Town, all utility lines may be required to be buried.
14-1-52 Lots and Land Area.
Proposed Subdivisions shall have a maximum of one-hundred and sixty (160) acres. The
minimum number of lots in a development shall be ten (10) lots in Zone 1, and twenty (20) lots
in Zone 2.
The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the
type of development and use contemplated. The lots should be designed to provide an aesthetically
pleasing building site and a proper architectural setting for the building contemplated.
(1) Side lot lines should be at approximate right angles to straight street lines or radial to curved street
lines on which the lots face. Lot lines shall follow Town boundary lines rather than cross them.
(2) Double frontage and reversed frontage lots shall be prohibited, except where necessary to provide
separation of residential development from through traffic or to overcome specific disadvantages of
topography and orientation.
(3) Lot frontage.
(a) Lot Frontage requirements are identified by Zoning Category in the Town ofVinland
Zoning Code (Table 1).
(b) A CSM or Plat creating a new parcel without frontage on a public street shall contain the
following statement:
1. App11c.~h1f' Tmvtl Rf'qn1rf'mf'tlt": Applications for Town zoning permits for
residential structures (principal or accessory) and all other principal structures, except
agricultural, shall not be considered for approval until the parcel meets the public street
frontage and lot width requirements of the applicable non-agricultural zoning district (as
noted in Table 1).
Area and dimensions of lots shall conform to the requirements of Table 1 of this Ordinance
and 14-1-8 for the town's lot size restrictions based on geographic zones.
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Town of Vinland Subdivision Ordinance
Whenever a tract is subdivided into parcels with area in excess of the zoning requirements, such parcels
should be arranged and dimensioned so as to allow re-division of any such parcels into normal lots in
accordance with the provisions of this chapter.
(5) Lots should be designed and a suitable proportion between width and depth. Lots that are long,
narrow, wide, or shallow are normally desirable. Normal depth should not exceed 2 1/2 times the width
nor be less than 150 feet.
(6) Width oflots shall conform to the requirements of Table 1
(7) Corner lots shall be designed with extra width to permit adequate building setback from both streets.
14-1-53 Building Setback Lines.
Building setback lines shall conform to the requirements established in the Town of Vinland's Zoning
requirements (Table 1), and shall be shown on the preliminary plat for determination of buildable
area..
14-1-54 Surface Water Drainage
A subdivision in the Town ofVinland shall comply with provisions of Section 17.31 (Storm Water
and Erosion Control) of the Winnebago County T own/ County Zoning Ordinance.
14-1-55 Creation or Enhancement of Water Features.
Any created pond or lake, or any enhancement of a quarry or other body of standing water, within
the boundary of any land division, shall be owned and maintained by a Homeowners
Association. The Homeowners Association document shall specify that all lot owners within the
Subdivision shall have equal rights to said water feature.
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Town of Vinland Subdivision Ordinance
DEDICATIONS AND IMPROVEMENTS
14-1-56 Dedications and Reservations of Land.
(1) Reservation and Dedication of Public Land.
(a) Whenever a tract of land to be divided by certified surveyor subdivision includes
all or any part of land designated in an adopted regional, county, or town trails plan or
plan component, the location and dimensions of such public land shall be identified
on the certified survey map or plat and either be dedicated to the public or be reserved
for acquisition by the county, the town, or the other public entity for a period not to
exceed three years from the date the certified survey map or plat is recorded with the
Winnebago County Register of Deeds, unless the time period is extended by the
agreement of the subdivider, subsequent owner of the property, or other authorized
party, with the county, town, or other public entity
(b) If the Town of Vinland Land Use Plan requires a dedication of less trail area than
is required by Section 14-1-56 (2), then the subdivider shall pay the in-lieu-of amount
for the difference. If the Town ofVinland Land Use Plan requires a dedication of more
town or County owned public land than is required by Section 14-1-57 (2), the
subdivider will be reimbursed for the undeveloped land value of the additional trail
area.
(2) nf"c1ir~t1on of Opf"tl Sp~rf".
(a) Each subdivider, whether by subdivision or by certified survey map, shall provide
public trail area as required by this section.
(b) Each subdivider shall dedicate 1,500 square feet of land to the town for each
housing unit, provided land in the subdivision is shown on the Town's Land Use
Plan as a trail. This dedication shall be at no cost to the town.
( c) The town board shall determine the number, size, and location of all dedications
after considering the recommendation of the Town Planning Committee. The Town
Board has the right to refuse any dedication of land it determines is unsuitable for
trails.
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Town ofVinland Subdivision Ordinance
(3) P~ym(>nt 1n T ,1(>11 of Ðf>C11rM1on
(a) If the Town, in its sole discretion, determines that the land proposed to be
dedicated is not suitable, because said land is not shown as a potential park or Trail, or
has unexpected contamination, or upon the mutual agreement of the subdivider and
the Town, the subdivider shall pay in lieu of said dedication. These fees shall be paid
prior to recording the CSM or Plat in the Winnebago County Register of Deeds office.
(b) Trail fees (based upon the market value of undeveloped land just prior to
development, and upon projected public land development costs and projected
adjacent street and utility costs) shall be updated periodically by the Town Board and
become effective upon approval by Resolution of the Town Board. The proportion of
such costs to be covered by these fees and by projected property taxes from the new
development shall also be updated by said Resolution.
(c) In-lieu-of payments received by the Town shall be deposited in a segregated,
non-lapsing fund to be used for new trail development, including site acquisition and
related capital improvements. Disbursement from such funds shall be made only
upon specific approval of the Town Board upon considering the recommendation of
the Town Planning Committee.
(d) The development of public land facilities shall be located in the vicinity of the
land from which the funds are based. Such facilities shall be owned, operated and
maintained by either the County or the town.
(4) TTn1mrroVf>c'I T .~nc'l
(a) The average value hereby established for the amount of undeveloped land, at the
time of division (whether by platting or CSM) upon which trails are to be located as
set forth in (2)(b) above, shall be $200 per lot or dwelling unit potential, whichever is
greater, or as updated by resolution per (3) above. This lot/unit value is based upon
$15,000.00 per acre average for developable lands, and $1,000.00 per acre for wetlands.
(b) Whenever the divider or the Town feels said average value unfairly represents the
value of the specific tract being considered for dedication or for public purchase in
lieu of dedication, the Town Assessor shall determine a fair value for the tract at the
expense of the Town. If the Assessor's determination is not satisfactory to one of the
parties, the Town shall contract an appraiser acceptable to both parties. The cost of
this appraiser's services shall be divided equally between the parties. If the parties
still cannot reach agreement on value, either party may appeal the matter to the
Circuit Court of Winnebago County for resolution by the Court.
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Town of Vinland Subdivision Ordinance
(5) Pl1h11l' T .~t1f1 Dpvp1()pmpnt Fpps.
The average cost for public use space set forth in (2)(b) above shall be $150 per lot or
dwelling unit potential in the development.
7)
Appt~1s~1 RPll111tf"mf"nts.
If such lands or facilities have been acquired in whole or in part with Town funds, not
totally from the nonlapsing fund established in subparagraph ( c) of this section, then an
appraisal of the land or facilities shall be prepared and the Town Board may acquire said
land for an amount not to exceed the appraised value less the amount of funds applied
from the nonlapsing fund established in this section.
14-1-57 Improvements.
(1) No construction or installation of improvements shall commence in a proposed subdivision
until the Final Plat and a Town Developer's Agreement (as specified in 14-1-21) has been
approved and executed by the Town ofVinland. The subdivider shall file, along with the
Town Developer's Agreement, a surety bond or other satisfactory security meeting the approval
of the Town Board as a guarantee that such improvements will be completed by the subdivider or
his subcontractors within the time limit established by the Town Board. The subdivider must
have a Town approved Road or other Developer's Agreement at the time of Final Plat
Approval.
(2) Building permits for any type of structure will not be issued in an approved
subdivision until the roads have met the requirements for issuance of building permits as
set forth in the Town ofVinland Roa(js and Highways Ordinance.
14-1-58 Plans.
Plans and accompanying construction specifications are required in the Town of Vinland
Developer's Agreement before authorization of construction or installation of improvements can
be made.
The subdivider is strongly urged to obtain a sample copy of the Town of Vinland Developer's
Agreement from the Town Zoning Administrator during Vinland Town Hall hours prior to
commencing any platting activity in the Town of Vinland. The developer will be required to
provide information as called for in the Developer's Agreement and file a copy for review of a
Certified Survey Map (section 14-1-18, if roadway is being created) and final plat application
(section 14-1-30)
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14-1-59 Inspection.
The applicant, prior to commencement of any work within the land division, shall make arrangements
with the Town Board to provide for adequate inspection. The Town Board shall inspect and approve all
completed work prior to release of the sureties, 6 months after completion of work and at the request
of the subdivider.
14-1-60 Public Sanitary & Private Sewage Disposal Systems.
Any Sanitary District within the Town shall determine the feasibility of service and the procedures to
be followed by the owner of a proposed subdivision within said District. Also the following shall
apply:
(1) MAJOR LAND DIVISIONS and MAJOR CONDOMINIUM PLATS shall be served by a public
sanitary sewage in a sanitary district as part of a public sewer system, or a private sewer system,
approved by Winnebago County. Private holding tanks are expressly prohibited.
(2) MINOR LAND DIVISIONS and MINOR CONDOMINIUM PLATS may be served by a private
sewer system, approved by Winnebago County.
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CLUSTER SUBDIVISIONS
14-1-61 Purpose.
Grouping of residences in clusters will permit individual minimum lot sizes (as zoned) to be
reduced, provided that overall density within the subdivision is maintained. The remaining
undeveloped area within the subdivision can be used to provide common conservation area
and preserve the scenic qualities of an applicable environmentally sensitive area. Grouping of
residences will facilitate common water and sewage disposal systems and encourage the
improved use of the land respecting the preservation of natural resources.
14-1-62 Review.
Cluster subdivisions shall be submitted for review according to 14-1-20 to 14-1-24 of this
chapter. Submission of a cluster subdivision will not be accepted for review if the Town of
Vinland has met its quota of new subdivisions, as determined annually by the Town Board.
The petitioner will be asked to submit an "existing features map" and meet with the Planning
Committee on the site proposed for platting. The "existing features map" should include the
following:
(1) A topography map, based on a U.S.G.S. Quadrangle map;
(2) The location of environmentally sensitive elements such as steep slopes (over 25%),
wetlands, watercourses, intermittent streams and 100-year floodplains, and all rights-of-way
and easements;
(3) Soil boundaries as shown on the Winnebago County Soil Survey maps published by the Soil
Conservation Service; and
(4) The location of significant features such as woodlands, treelines, open fields or meadows,
scenic views into or out from the property, watershed divides and drainage ways, fences or
stone walls, rock outcrops, and existing structures, roads, floodplains, wetlands, and steep
slopes. The Existing Features Map shall form the basis for the concept plan, which shall also
show the tentative location of houses, streets, lot lines, and conservation areas.
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14-1-63 Requirements
The amount of conservation area created in a subdivision shall be based on the zone in which
the property is located. If a piece of property is located in Zone 1, at least fifty percent (50%) of
land within the subdivision shall be devoted to a conservation area. If the property is located in
Zone 2, at least twenty-five percent (25%) of land within the subdivision shall be devoted to a
conservation area. These amounts of conservation areas can be reduced base on provisions in
14-1-4 of this chapter.
Conservation areas may consist of wetlands, lands that are generally inundated (under ponds,
lakes, creeks, etc.), land within the 100-year floodplain, slopes exceeding 25%, and soils subject
to slumping and other lands that are not part of the platted lots or public right-of-way.
Conservation areas shall be protected through a conservation easement or actual land
dedication to the public. This may be accomplished by the following means:
(1) All lands within conservation areas are required to be protected by a permanent
conservation easement, prohibiting further development, and setting other standards
safeguarding the site's special resources from negative changes.
(2) Conveyance to owners of lots in the development. If the land is to be reserved for use by
owners of lots in the development, the land shall be conveyed for use to a homeowners
association or similar legally constituted body, which shall also maintain the conservation
easement.
(3) Dedication to the Town of Vinland or other governmental body or a recognized land trust
or conservancy. Lands dedicated to the public must be accepted by appropriate action of the
governing body of the accepting unit of government. Lands dedicated to the Town of Vinland
shall be clearly noted on the face of the Final Plat as dedicated to the Town ofVinland. Public
street dedication shall meet the conditions of a Town ofVinland Developer's Agreement.
(See section 14-1-67 of this section for specific requirements governing these two (2) forms of
conservation area dedication).
Conservation areas shall be designated as undivided open space, to facilitate easement or land
dedication monitoring and enforcement, and to promote appropriate management by a single
entity according to approved land management standards.
Water supply and sewage disposal shall meet the minimum standards of all State, County,
Sanitary District, or Town regulations.
The Design Standards, as outlined within this Ordinance, may, at the discretion of the Town
Board, be relaxed as an incentive in developing Cluster Subdivisions. Standards that can be
relaxed in order to permit more creative land division design include, but are not limited to, lot
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shape and depth, length of cul-de-sac roads, and road right-of-way width.
Pedestrian trails within a Cluster Subdivision may be required to be connected to any regional
pedestrian trails wherever established or proposed by the Town of Vinland, Winnebago
County, or the State of Wisconsin.
14-1-64 Conservation Area Percentage Adjustments
The fifty (50) percent requirement in Zone 1 may be decreased by five (5) percent for each of
the following elements shown in the subdivision (maximum of fifteen (15) percent reduction):
(a) Use of a cluster septic system.
(b) Coordinated subdivision theme identification signage, street name signs and
lighting.
(c) Other aesthetics not necessarily required by this ordinance, such as "fitness trails",
docks with seating areas in ponds, or other features considered unique and imaginative
that will add a distinctive feature and benefit to future residents and the Town.
(d) Hard surfacing a pedestrian circulation system.
(3) All undivided conservation area and any lot capable of further subdivision shall be
restricted from further subdivision through a permanent conservation easement, in a form
acceptable to the Town of Vinland and duly recorded with the Winnebago County Register of
Deeds.
(5) The required conservation area may be used for underground drainage fields for individual
or community septic systems.
(6) Stormwater management ponds or basins and land within the rights-of-way for
underground pipelines may be included as part of the minimum conservation area.
14-1-65 Location of Conservation Areas.
The location of the conservation area that is conserved through compact residential
development shall be consistent with the policies contained in the Town's Land Use Plan
Implementation section regarding open space and multi-purpose trails, and with the
recommendations contained in this section and the following section ("14-1-66:Evaluation
Criteria ").
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A conservation area can include a 75-foot deep greenway buffer along all water bodies and
watercourses, and a 50-foot greenway buffer alongside wetlands soils classified as "very poorly
drained" in the medium-intensity county soil survey.
Cluster Subdivisions shall be designed around conservation areas. The design process should
therefore commence with the delineation of all potential conservation areas, after which
potential house sites are located, the road alignments identified, and lot lines drawn in as the
final step.
Undivided conservation area shall be directly accessible to the largest practical number of lots.
To achieve this, the majority of lots should abut undivided conservation areas in order to
provide direct views and access. Safe and convenient pedestrian access to the conservation
areas from all lots not adjoining the conservation area should be provided.
14-1-66 Evaluation Criteria.
The Planning Committee and Town Board shall evaluate Cluster Subdivisions to determine
whether the proposed conceptual preliminary plan:
(1) Protects and serves all floodplains, wetlands, and steep slopes from clearing, grading,
filling, or construction (except as may be approved by the Town for essential infrastructure or
active or passive recreation amenities).
(2) Preserves and maintains mature woodlands, existing fields, pastures, meadows, and
orchards, and creates sufficient buffer areas to minimize conflicts between residential and
agricultural uses.
(3) If development must be located on open fields or pastures because of greater constraints in
all other parts of the site, dwellings should be sited on the least prime agricultural soils, or in
locations at the far edge of a field, as seen from existing public roads. Other considerations
include whether the development will be visually buffered from existing public roads, such as
by a planting screen consisting of a variety of trees, shrubs, and wildflowers.
(4) Maintains or creates an upland buffer of natural native species vegetation of at least 75 feet
in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and
ponds.
(5) Designs around existing hedgerows and treelines between fields or meadows, and
minimizes impacts on large woodlands (greater than five acres), especially those containing
many mature trees or a significant wildlife habitat. Also, woodlands of any size on highly
erodible soils with slopes greater than 10% should be avoided. However, woodlands in poor
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undivided and shall be owned and maintained by a homeowners' association, the Town,
County, or a recognized land trust or conservancy.
A public land dedication, not exceeding 10% of the total parcel size, may be required by the
Town, through designated conservation areas, to facilitate public trail connections. A narrative
describing ownership, use and maintenance responsibilities shall be submitted for all common
space and public improvements, utilities, and conservation areas.
Conservation areas within a development shall be owned, administered, and maintained by any
of the following methods, either individually or in combination, and subject to approval by the
Town:
(1) Offer of Dedication. The Town or other governmental agencies shall have the first and last
offer of dedication of undivided conservation areas in the event said land is to be conveyed.
Dedication shall take the form of a fee simple ownership. The Town may, but shall not be
required, to accept undivided conservation areas provided: (a) such land is accessible to the
residents of the Town; (b) there is no cost of acquisition other than any costs incidental to the
transfer of ownership such as tide insurance; and (c) the Town agrees to and has access to
maintain such lands. Where the Town accepts dedication of common conservation areas that
contains improvements, the Town may require the posting of financial security to ensure
structural integrity of said improvements as well as the functioning of said improvements for a
term not to exceed eighteen (18) months from the date of acceptance of dedication. The
amount of financial security shall not exceed fifteen percent (15%) of the actual cost of
installation of said improvements.
(2) Homeowners' Association: The undivided conservation areas and associated facilities may
be held in common ownership through a homeowners association. The association shall be
formed and operated under the following provisions:
(a) The subdivider shall provide a description of the association, including its bylaws
and methods for maintaining a conservation area easement.
(b) The association shall be organized by the subdivider and shall be operated with a
financial subsidy from the subdivider, before the sale of any lots within the
development.
(c) Membership in the association is mandatory for all lot owners and their successors.
The conditions and timing of transferring control of the association from Subdivider to
lot owners shall be identified.
(d) The association shall be responsible for maintenance of insurance and payment of
taxes on undivided conservation area, enforceable by liens placed by the Town on the
association. The association may place liens on the lots of its members who fail to pay
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their association dues in a timely manner. Such liens may provide for the imposition of
penalty interest charges.
(e) The members of the association shall share equitably the costs of maintaining and
developing such undivided conservation areas. Shares shall be defined within the
association bylaws.
(f) In the event of a proposed transfer, within the methods here permitted of undivided
conservation area land by the homeowners' association, or of the assumption of
maintenance of undivided conservation area land by the Town, notice of such action
shall be given to all property owners within the development.
(g) The association shall have or hire adequate personnel to administer common
facilities and properly and continually maintain undivided conservation areas.
(h) The homeowners' association may lease conservation area lands to any other
qualified person, or corporation, for operation and maintenance of conservation area
lands, but such a lease agreement shall provide:
1. that the lot owners of the development shall at all times have access to the
conservation area land contained therein (except croplands during the growing
season);
2. that the undivided conservation area to be leased shall be maintained for the
purposes set forth in this ordinance; and
3. that the operation of conservation area facilities may be for the benefit of the
residents only, or may be open to the residents of the Town, at the election of the
Developer and/ or homeowners' association, as the case may be.
4. The lease shall be subject to the approval of the Town of Vinland and any
transfer or assignment of the lease shall be further subject to the approval of the
T own Board. Lease agreements so entered upon shall be recorded with the
Winnebago County Register of Deeds within thirty (30) days of their execution
and a copy of the recorded lease shall be filed with the Town.
(i) Dedication of Easements. The Town may, but shall not be required to accept
easements for public use of any portion or portions of undivided conservation area land,
title of which is to remain in ownership by condominium or homeowners' association,
provided: (1) such land is accessible to town residents; (2) there is no cost of acquisition
other than any costs incidental to the transfer of ownership, such as tide insurance; and
(3) a satisfactory maintenance agreement is reached between the developer,
condominium or homeowners' association, and the Town.
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ü) Transfer of Easements to a Private Conservation Organization. With the permission
of the Town, an easement may be transferred to a private, nonprofit organization,
among whose purposes it is to conserve conservation areas and/or natural resources,
provided that:
(7) The organization is acceptable to the Town, and is a bona fide conservation
organization with perpetual existence;
(8) The conveyance contains appropriate provisions for proper reverter or
retransfer in the event that the organization becomes unwilling or unable to
continue carrying out its functions; and a maintenance agreement acceptable to
the board is entered into by the Developer and the organization.
14-1-68 Maintenance Standards
The ultimate owner of conservation areas (typically a homeownership association) shall be
responsible for raising all monies required for operations, maintenance, or physical
improvements to conservation areas through annual dues, special assessments, etc. The
homeowners' association shall be authodzed under its bylaws to place liens on the property of
residents who fall delinquent in payment of such dues, assessments, etc.
In the event that the association or any successor organization shall, at any time after
establishment of a development containing an undivided conservation area, fail to maintain the
undivided conservation area in reasonable order and condition in accordance with the
development plan, the Town may serve written notice upon the owner of record, setting forth
the manner in which the owner of record has failed to maintain the undivided conservation
area in reasonable condition.
Failure to adequately maintain the undivided conservation areas in reasonable order and
condition constitutes a violation of this ordinance. The Town is hereby authorized to give
notice, by personal service or by United States mail, to the owner or occupant, as the case may
be, of any violation, directing the owner to remedy the same within twenty (20) days.
Should any bill or bills for maintenance of undivided conservation areas by the Town be
unpaid by November 1 of each year, a late fee of fifteen percent (15%) shall be added to such
bills and a lien shall be filed against the premises in the same manner as other municipal
claims.
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Town of Vinland Subdivision Ordinance
DEFINITIONS
14-1-69 Definitions.
In the construction of this chapter, the definitions contained in this section shall be observed and applied
except when the context clearly indicates otherwise.
(1) ALLEY - A public or private right-of-way which provides secondary access to abutting properties.
(2) 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.
(3) ASSESSOR'S PLAT - An Assessor's Plat may be ordered by the Town Board at the expense
of the subdivider when a subdivision is defined herein as created by successive division as
provided in Section 236.31(2) of the Wisconsin Statutes.
(4) BLOCK - A group of lots existing within well-defined and fixed boundaries, usually being an area
surrounded by streets or other physical barriers and having an assigned number, letter or other name
through which it may be identified.
(5) BUILDING - A structure having a roof supported by columns or wall. When separated by division
walls from the ground up and without openings, each portion of each building shall be deemed a separate
building.
(6) CERTIFIED SURVEY MAP (CSM)-Means a division of up to four (4) lots. A CSM maybe
used to change the boundaries of lots or oudots within a recorded plat or recorded certified
survey map if the redivision does not result in a subdivision or violates the Town's Subdivision
Ordinance. A CSM may not alter the exterior boundary of a recorded plat, areas previously
dedicated to the public, or restriction placed on the platted land by covenant, by grant of an
easement, or by any other manner.
(7) COLLECTOR STREET - A street used, or intended to be used, to carry traffic from minor streets to
the major system or arterial streets, including principal entrance streets to residential developments.
(8) Community Septic and Well System - Means a singular sanitary system and/or well that is
capable of treating or providing water to multiple housing units, and is located in a central
location to strategically serve a number of residents, the costs of which are split through
agreement or homeowners association.
(9) Conservation Area-Means any combination of land area within a subdivision that may consist
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Town of Vinland Subdivision Ordinance
of floodplains, wetlands, steep slopes, woodlands, treelines, open fields or meadows, watershed
divides and drainage ways, fences or stone walls and rock outcrops~
(1 0) COUNTY - Reference to County shall mean Winnebago County and shall include any Agency,
department or committee thereof.
(l1)COUNTY PLANNING AND ZONING COMMITIEE - The County Planning and Zoning
Committee, as authorized by Sec. 59.97, Wisconsin Statutes, or any other committee created by the
County Board and authorized to plan land use.
(12)COUNTY PRIVATE SEWAGE SYSTEM ORDINANCE - The County Private Sewage System
Ordinance which is included as Chapter 18 of the Winnebago County Code.
(13) COUNTY ZONING ORDINANCE - The Winnebago County Town/County Zoning Ordinance
which is included as Chapter 17 of the Winnebago County Code.
(14) CUL-DE-SAC STREET - A minor street with only one oudet and having a turn around for the safe
and convenient reversal of traffic movement.
(15) DOUBLE FRONTAGE LOTS - An interior lot having road frontage on the front and on
the rear of the lot.
(16) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION -The unincorporated area within 1
1/2 miles of a fourth-class city or village and within 3 miles of all other cities over which cities and villages
may exercise plat approval, provided they have enacted an official map ordinance or subdivision control
ordinance in accordance with Sec. 236.10, Wisconsin Statutes.
(17) FINAL PLAT - The map of a subdivision and any accompanying material as described in Sec. 14-1-
30 of this chapter.
(18) FLOODPLAIN -Land that has been or may be hereafter covered by floodwater during the
regional flood. The floodplain includes the floodway and the flood fringe.
(19)FRONTAGE - The length of the front property line of the lot, lots or tract of land abutting the right-
of-way of a public street road or highway.
(20) 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.
(21) GRADE - The slope of a road, street or other public way, specified in percent.
(22) IMPROVEMENT, PUBLIC - Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, park, parkway, public access, sidewalk, pedestrian way, planting strip, off-street parking area or
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other facility for which the County or Town may ultimately assume the responsibility for maintenance and
operation.
(23) LAND DIVISION - The act or process of dividing land into two or more parcels.
(24) LAND USE PLAN - Means the "Town ofVinland Land Use Plan" for the development of
the Town ofVinland, adopted in October, 1998 and including any amendment to such plan.
(25) LOT - Designated parcel tract or area of land established by plat, subdivision or as otherwise
permitted by law to be used, developed or built upon as a unit, and containing the minimum frontage,
width, and area sufficient to meet building, parking, setback, conservation areas, sanitary, or other
requirements.
(26) LOT AREA - The total square footage lying within the peripheral boundaries of a parcel of land. In
any zoning jurisdiction, the area of a lot specifically excludes:
(27)the right-of-way of a public or private street;
(28)areas of navigable water.
(29) LOT CORNER - A lot abutting two or more streets at their intersection, provided that the corner of
such intersection shall have an angle of 135 degrees or less measured on the lot side.
(30) LOT, LEGAL - A unit of land existing under a single ownership which complies with the applicable
basic district standards for the Zoning District in which such lot is situated or meets the definition of a
"lot of record" of this Ordinance, which is provided with the minimum frontage upon a public road, and
which complies with all applicable Subdivision and Laws and Ordinances.
(31) LOT LINES - The peripheral boundaries of a parcel of land.
(32) LOT OF RECORD - A legal lot of record shall mean a lot legally created and recorded in the
Winnebago County Register of Deeds Office prior to or according to the Winnebago County Subdivision
Ordinance of May 1, 1969, meeting applicable State County Zoning and Subdivision Laws and
Ordinances.
(33) LOT, THROUGH - A lot which has a pair of opposite lot lines among two parallel streets and
which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
(34) LOT, WIDTH - The mean horizontal distance between the side lot lines of a lot measured at right
angles to the depth. On irregularly (non-perpendicular) shaped lots, the width shall be the average width
of the lot computed according to Table 1 of this ordinance. Lot width shall be measured at the street
setback line applicable to the zoning district the parcel is located within. In the shoreland jurisdiction, the
lot width shall also be measured at the shore yard setback line applicable to the zoning district the parcel is
located within. At least 50% of the lot shall be greater than or equal to the required lot width.
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(35) MAJOR CONDOMINIUM PLAT - Condominiums in which land is allocated into parcels or
building sites, whether the individual portions of land are defined as "units" or "limited common
elements", are subject to review and approval of this Ordinance if five (5) or more parcels or building sites
of five (5) acres or smaller in size and created within any five (5) year period from a lot parcel or tract
which existed on the effective date of this chapter.
(36) MAJOR STREET - Arterial and collector roads primarily intended for through traffic with a
secondary function for direct access.
(37) MINOR STREET - A street used or intended to be used primarily for access to abutting properties.
(38) OBSTRUCTION, DRAINAGEWAY - This Ordinance refers to two different types of
obstructions:
(39)ARTIFICIAL OBSTRUCTION - Any obstruction other than a natural obstruction that is capable of
reducing the carrying capacity of a stream or drainageway or may accumulate debris and thereby reduce
the carrying capacity of a stream; such as fences, dams, planted trees and shrubs, and any other
obstructions instituted as a result of human activity.
(40)NATURAL OBSTRUCTION - Includes any rock, tree, gravel or analogous natural matter that is an
obstruction and has been located within the stream or drainageway by a non-human cause.
(41) OFFICIAL MAP - Refers to any future Official Map adopted by the Town of Vinland,
consistent with the Town's Comprehensive Land Use Plan, which includes and sets forth the
identification, location, alignment, dimensions and classification of existing and proposed public
streets, highways, drainage ways, parkways, and park and recreation sites.
(42) OUTLOT - A remnant parcel of land not to be used for building purposes so designated on the plat.
(43) PARCEL - Lot created by a division ofland. A parcel(s) that is owned, controlled or managed as a
single entity shall be treated as a single tract, unless separated by a public road and navigable and non-
navigable waters. A parcel is created as of the date the deed, land contract, lease, etc., is recorded with the
Register of Deeds Office.
(44) PLANNING COMMITTEE - Refers to the Town ofVinland Planning Committee formed
by resolution 7-14-03-01.
(45) PRELIMINARY PLAT - A map showing the salient features of a proposed subdivision submitted
to the Town ofVinland for purposes of preliminary consideration as described in 14-1-22 of this chapter.
(46) PUBLIC WAY - Any public road, street highway, walkway, drainageway or part thereof.
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(47) SHORELAND JURISDICTION - The area within 1,000' of the ordinary high water mark of a
navigable lake, pond or flowage; or within 300' of the ordinary high water mark of a river or stream; or to
the landward side of a floodplain, whichever distance is greater.
(48) STREET (public) - The right-of-way of any street, road, highway, lane, etc., dedicated to the public
which generally provides access to abutting properties.
(49) STREET (private) - The right-of-way of any private road, highway, lane, street, access easement,
easement, etc., where the defined street or easement provides access to more than one parcel or principal
structure.
(50) SUBDIVISION - in the Town ofVinland means a division of land into ten (10) or more lots,
parcels, tracts or building areas in Zone 1 and twenty (20) or more lots, parcels, tracts or building
areas in Zone 2, for the purpose of sale or development.
(51) TOWN - Refers to the Town ofVinland
(52) TOWN CLERK - Refers to the Town ofVinland Town Clerk
(53) Town Zoning Administrator - Refers to the Town ofVinland Zoning Administrator
(54) TRACT - A contiguous area of land which exists or has existed in single ownership.
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