HomeMy WebLinkAbout08-397OCTOBER 28, 2008 08 -397 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND CHAPTER 30 ZONING ORDINANCE TO AMEND
SECTIONS ON REQUIRED IMPROVEMENTS TO SUBDIVISIONS
— SANITARY SEWERS, WATER, STORM SEWERS, STREET
WIDTHS
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT/
PLANNING SERVICES DIVISION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING
ORDINANCE REGARDING REQUIRED IMPROVEMENTS TO SUBDIVISIONS
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. Section 30- 74(C)(3) Required Improvements, Sanitary Sewers, is
hereby amended as follows:
The 4th paragraph is repealed and recreated to read as follows: The subdivider shall
assume the cost of installing all sanitary sewers necessary to serve the subdivision. If
greater diameter pipes are required to handle additional flows from beyond the
subdivision /development the excess cost of such larger sewers shall be borne by the
City of Oshkosh, if the plat is located within the City's corporate limits.
Existing 5th paragraph will become the 6th paragraph and a new 5th paragraph is
created to read as follows: The size, type and installation of all sanitary sewers shall be
in accordance with plans and specification approved by the Department of Public
Works.
SECTION 2. Section 30- 74(C)(4) Required Improvements, Water, is hereby
amended as follows:
The 3rd paragraph is repealed and recreated to read as follows: The subdivider shall
assume the cost of installing all water mains necessary to serve the
subdivision /development. If greater diameter water mains are required, the excess cost
of such mains shall be borne by the City of Oshkosh if the plat is located within the
City's corporate limits.
OCTOBER 28, 2008 08 -397 ORDINANCE
FIRST READING CONT'D
Existing 4th paragraph will become the 5th paragraph and a new 4th paragraph is
created to read as follows: The size, type and installation of all water mains shall be in
accordance with plans and specification approved by the Department of Public Works.
SECTION 3. Section 30- 74(C)(5) Required Improvements, Storm Sewers and
Drainage Facilities, is hereby amended as follows:
The 2nd paragraph is repealed and recreated to read as follows: The subdivider shall
assume the cost of installing all storm sewers necessary to serve the
subdivision /development including storm sewer, manholes, inlets and catch basin
leads. If greater diameter pipes are required to handle additional flows from beyond the
subdivision /development, the excess cost shall be borne by the City of Oshkosh if the
plat is located within the City's corporate limits.
Existing 3rd, 4th and 5th paragraphs will become the 4th, 5th and 6th paragraphs, and a
new 3rd paragraph is created to read as follows: The size, type, and installation of all
storm sewers shall be in accordance with plans and specifications approved by the
Department of Public Works. All other storm drainage facilities called for in the storm
drainage and grading plan shall be the sole responsibility of the subdivider.
SECTION 4. Section 30- 74(C)(6)(d) Required Improvements, Street Surfacing,
Curb and Gutters, Sidewalks is repealed and recreated to read as follows: The
Subdivider shall assume the cost of surfacing all roadways thirty -two (32) feet in width
or less in residential subdivisions and thirty -six (36) feet in width for non - residential or
mixed -use development areas, and the cost of installation of all curbs and gutters. The
cost of surfacing widths in excess of thirty -two (32) feet in residential or thirty -six (36)
feet in non - residential or mixed -use areas shall be borne by the City of Oshkosh if the
plat is located within the City's corporate limits. The cost of sidewalk installation shall be
borne by the subdivider in accordance with Section 30 -74(A) and (B).
SECTION 5. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #08 -XXX AMEND CHAPTER 30 ZONING ORDINANCE TO
AMEND SECTIONS ON REQUIRED IMPROVEMENTS TO SUBDIVISIONS —
SANITARY SEWERS, WATER, STORM SEWERS, STREET WIDTHS on November
11, 2008. The full text of the Ordinance may be obtained at the Office of the City Clerk,
215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone:
(920) 236 -5011.
I . .
OYHK fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Ki y�''�
Director of Co ty Development
DATE: October 23, 2008
RE: Approval of Chapter 30 Zoning Ordinance to Amend Sections on Required
Improvements to Subdivisions - Sanitary sewers, water mains, storm sewers and
street widths (Plan Commission Recommends Approval)
BACKGROUND
The Zoning Ordinance, in Section 30 -8, establishes the ability of the Common Council to amend
zoning regulations, after first submitting the proposal to the City Plan Commission. The
Department of Public Works is requesting to amend Chapter 30 -74 "Required Improvements for
Subdivisions" providing updated regulations to the installation of sanitary sewers, water mains,
storm sewers and street surfacing.
ANALYSIS
The City's subdivision Ordinance currently contains language within Chapter 30 -74 (c) for
required improvements for subdivisions which periodically require updating of these elements to
remain current with odern practice and with goals and objectives established by the City. The
proposed new language relates to the specific size in diameter of sanitary sewer, water main,
storm sewer/drainage facility pipes and text to differentiate the size of street surfaces based on
the type of area in which it is located. New proposed language is oversized and bold and
language to be remo ed is bold with strike through text:
FISCAL IMPACT
Changes will be beneficial to the City as the City will not have to bear that development cost that
will be paid for by the developer.
RECOMMENDATION
The Plan Commissic n approved of this request at its October 7, 2008 meeting.
Approved,
City Manager
ITEM: TEXT AMENDMENT TO THE ZONING CODE WITHIN ARTICLE XVII
REGULATING SUBDIVISIONS, CHAPTER 30 -74: REQUIRED
IMPROVEMENTS FOR SUBDIVISIONS
Plan Commission meeting of October 7, 2008.
GENERAL INFORMATION
Applicant: City of Oshkosh
Department of Public Works
Action(s) Requested:
Review and approval of an amendment to the City of Oshkosh Zoning Ordinance within Article
XVII regulating subdivisions, Chapter 30 -74: Required Improvements for Subdivisions providing
updating regulations in relation to the installation of sanitary sewers, water mains, storm sewers
and street surfacing.
Applicable Ordinance Provisions:
The Zoning Ordinance, in Section 30 -8, establishes the ability of the Common Council on its own
motion or on petition, after first submitting the proposal to the City Plan Commission, amend,
supplement or change district boundaries or the regulations herein.
ANALYSIS
The City's Subdivision Ordinance currently contains language within Chapter 30 -74 (c): Required
Improvements for Subdivisions within the city and its 3 -mile extraterritorial plat approval
jurisdiction that require improvements including, but not limited to, survey monuments, street
grading, sanitary sewers, storm sewers /drainage facilities, water mains, street surfacing /curb &
gutters /sidewalks, other utilities, and street lighting. Specific standards are included within the text
of the code regulating size, type, installation method, etc. of said improvements. Periodically
these elements require updating to remain current with modern practice and with goals and
objectives established by the City. The text amendments included within this request are classified
as this type of update and include changes to the sanitary sewer, water main, storm sewer /drainage
facility and the street surfacing requirements.
Attached to this staff report is Section 30 -74 (c): Required Improvements, part of the City of
Oshkosh Zoning Ordinance Article XVII regulating subdivisions. Pages 1 -4 include new language
(oversized bold) to be added and language to be removed ( ) and are
discussed below:
Sections 30- 74(c)(3): Sanitary Sewers;
Section 30 -74 (c)(4): Water; and
Section 30- 74(cc)(5): Storm Sewers and Drainage Facilities. *Pages 1 -3 of attachment*
These proposed text changes will remove the requirement of installing a specific size in diameter
sanitary sewer, water main, and storm sewer /drainage facility pipes and reword the text to be
"necessary to serve the subdivision" as is "in accordance with plans and specifications approved
by the Department of Public Works ". This text change provides flexibility in the design of the
utilities that is felt to be much too rigid in the current language.
Section 30- 74(c)(6)(d): Street Surfacing, Curb and Gutters, Sidewalks *Page 4 of attachment*
This proposed text change will differentiate the size of street surface that is required based on the
type of area in which it is located. The current text establishes a 32 foot roadway surface for all
streets, regardless of what they service. The proposed text will continue to require the surfacing of
a 32 foot roadway for streets in residential subdivisions but will add language that requires the
surfacing of a 36 foot roadway for streets servicing nonresidential or mixed use (containing both
residential and commercial uses) areas.
Interdepartmental discussions (including representatives from Planning, Inspections, Public
Works, Attorney's Office, Forestry, Transportation, Fire/Police, and the Assessor's office) was
held on September 4, 2008 at the regularly scheduled Plan Commission item review meeting. The
proposed text amendments received a positive recommendation.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends that the Plan Commission recommend
to the Common Council that Section 30 -74: Required Improvements for Subdivisions be amended
as proposed.
The Plan Commission approved of the amendments to the Required Improvements for
Subdivisions as requested. The following is the Plan Commission's discussion on this item.
Mr. Buck briefly reviewed the language changes being requested relating to sanitary sewer, water
main, storm sewer /drainage facility and the street surfacing requirements. He explained that
periodically these elements require updating to remain current with modern practice and with goals
and objectives established by the City.
Mr. Gohde reviewed the language changes requested in this amendment and the reasons requiring
them. He particularly discussed the increase in width for streets servicing nonresidential or mixed
use areas from 32 feet to 36 feet to accommodate the more intense uses required.
Motion by Propp to approve the text amendment to the zoning code with Article XVII
regulating subdivisions, Chapter 3 0- 74 as requested.
Seconded by Mattox. Motion carried 6 -0.
Item -text amendment Utilities
(C) Required Improvements
The following improvements shall be provided in all plats located within the City
of Oshkosh or within the City's three (3) mile extraterritorial plat approval
jurisdiction:
(1) Survey Monuments
Before final approval of any plat, the subdivider shall install monuments
placed in accordance with the requirements of Chapter 236, Wisconsin
Statutes, and as may be required by the Director of Public Works. The
Director of Public Works may waive the placing of monuments for a
reasonable time on condition that the subdivider executes a surety bond
to ensure the placing of such monuments within the time required.
For plats located within the City of Oshkosh extraterritorial plat approval
area, the subdivider shall proceed under the Winnebago County
Subdivision Ordinance.
(2) Street Grading
After the . installation of temporary block comer monuments by the
subdivider and establishment of street grades by the Director of Public
Works, the subdivider shall grade the full width of the right -of -way of all
streets proposed to be dedicated, in accordance with plans and Standard
Specifications approved by the Department of Public Works.
(3) Sanitary Sewers
The subdivider shall construct sanitary sewers in such a manner as to
make adequate sanitary sewerage service available to each lot within a
subdivision or land division.
Laterals extending from the sanitary sewer main to the lot line to service
each parcel of property within the subdivision shall be installed. The size,
type, and installation of all sanitary sewers proposed to be constructed
shall be in accordance with plans and specifications approved by the
Department of Public Works.
In the extraterritorial plat approval jurisdiction, where no public sanitary
sewers are available, on -site effluent systems shall be allowed. In such
instances, the subdivider shall proceed under the Winnebago County
Private Sewage System Ordinance. The subdivider. shall file a copy of
the permit issued by Winnebago County with the City of Oshkosh,
together with the filing of the final plat or Certified Survey Map.
The subdivider shall assume the cost of installing all sanitary sewers
nec essary to serve the subdivision. If g diameter
p ipes are required to handle additional flo from beyond
the subdivision /development ten (10) lnrlh0f; in d1ametOP--of
leSS 4 f gFoater then ten
Fequired to handle the centemplated-sew-Ve flows,. the excess cost of
such larger sewers shall be borne by the City of Oshkosh, if the plat is
located within the City's corporate limits.
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The size, type and installation of all sanitary s ewers shall
be in accordance with pla and specification approved
by the Department of Public Works
The City of Oshkosh will not participate in any costs associated with the
installation of sanitary sewer improvements in plats located within the
City's extraterritorial plat approval jurisdiction.
(4) Water
The subdivider shall construct water mains in such a manner as to make
adequate water service available to each lot within the subdivision. Water
laterals shall be constructed to each lot line. The size, type, and
installation of all public water mains shall be in accordance with plans and
Standard Specifications approved by the Department of Public Works.
In the extraterritorial plat approval jurisdiction where no public water
mains are available, water wells shall be allowed. In such instances, the
subdivider shall proceed under the Winnebago County Sanitary
Ordinance. The subdivider shall file a copy of the permit issued by
Winnebago County with the City of Oshkosh, together with the filing of the
final plat or Certified Surrey Map.
The subdivider shall assume the cost of installing all water mains
necessary to serve the subdivision /developm ekiht-O
-ehe o n edi mete r- or Ines i S 4e If greater than eight (8 innh
diameter water mains are required, the excess cost of such mains shall
be borne by the City of Oshkosh, if the plat is located within the City's
corporate limits.
The size, type and installation of all water mains shall be
in accordance with plans and specification appro by
the Department of Public Works.
The City of Oshkosh will not participate in any costs associated with the
installing of water main improvements in plats located within the City's
extraterritorial plat approval jurisdiction.
(5) Storm Sewers and Drainage Facilities
Storm sewer and other storm drainage facilities called for in the storm
drainage and grading plan shall be constructed with. the necessary
facilities throughout the entire subdivision. Storm sewers shall be
separate and independent of the sanitary sewer system, and shall provide
an adequate outlet or connections to the storm sewer system of the City.
When storm sewers are not installed, adequate facilities for the removal
of surface water shall be provided throughout the entire subdivision, as
reflected in the storm drainage and grading plan.
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The subdivider shall assume the cost. of installing all storm sewers
necessary to serve the subdivision /develo
including The subdivile06-GOSt
storm sewer, manholes,
inlets and catch basin leads. If greater diameter pipes are
required to handle additional flows from beyo the
subdivision /development ',
the excess
cost shall be borne by the City of Oshkosh if the plat is located within the
City's corporate limits.
The size, type, and installation of all storm sewers shall be in accordance
with plans and specifications approved by the Department of Public
Works. All other storm drainage facilities called for in the storm drainage
and grading plan shall be the sole responsibility of the subdivider.
Unless otherwise waived in the approved storm drainage and grading
plan, all new subdivisions approved for development within the City of
Oshkosh shall be required to install storm sewer laterals from the storm
sewer to the lot line to service each parcel. Prior to occupancy of any
building, the building drainage system shall be connected to the available
storm sewer lateral. This connection shall be the responsibility of the
property owner.
On lots that abut navigable waterways, such as channels, rivers or lakes,
this regulation shall not apply if the sump water drainage system is
designed to direct sump water into said navigable waterway.
The City of Oshkosh will not participate in any costs associated with the
installation of storm sewer improvements in plats located within the City's
extraterritorial plat approval area.
(6) Street Surfacing Curb and Gutters Sidewalks
(a) After installation of all utility and storm water drainage
improvements the subdivider shall install public streets, six (6)
inch vertical face curb and gutter, and sidewalks within the
subdivision in accordance with plans prepared and /or approved by
the Department of Public Works. No building permit shall be
issued within the subdivision until streets have been installed
unless the subdivider shall provide temporary streets developed in
accordance with specifications approved by the Department of
Public Works.
(b) With the City's approval, and in accordance with provisions of
Section 30 -74(A) and depending upon specifications followed for
installation of backfill to utility trenches, permanent streets shall be
installed no later than the third year following final plat approval,
and sidewalks installed no later than the fifth year following final
plat approval.
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(c) Surfacing and curbs and gutters shall be done in accordance with
plans and Standard Specifications approved by the Department of
Public Works, and shall consist of the following:
Type of Street Surface
Major 4 Inches of crushed stone
and 8 inches of non - reinforced
concrete
Collector 5 Inches of crushed stone
and 7 inches of non - reinforced
concrete
Local 5 Inches of crushed stone and 7
inches of non - reinforced concrete;
OR 7 inches of concrete stone and 5
inches of asphalt.
(d) The Subdivider shall assume the cost of surfacing all roadways
thirty -two (32) feet in width or less in residential
subdivisions and thirty -six (36) feet in width for non -
residential or mixed -use development areas and the
cost of installation of all curbs and gutters. The cost of surfacing
widths in excess of thirty -two (32) feet in residential or
thirty -six (36) feet in non - residential or mixed —use
areas 4i- 6--shall be borne by the City of Oshkosh, if the plat
is located within the City's corporate limits. The cost of sidewalk
installation shall be borne by the subdivider in accordance with
Section 30 -74(A) and (B).
(e) All new subdivisions approved for development within the City of
Oshkosh shall be required to install standard concrete sidewalks
in accordance with the following standards:
(i) Sidewalks shall be required on both sides of the street.
(ii) Sidewalks are not required on cul -de -sacs or dead end
streets less than one hundred fifty (150) feet in length,
unless it is required by the Common Council.
(iii) Sidewalks shall be a minimum of five (5) feet wide.
(iv) Construction of said sidewalks to be in conformance with
requirements set forth in Chapter 25 of the City of Oshkosh
Municipal Code.
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(f) The City of Oshkosh will not participate in any costs associated
with the installation of street surfacing, curb and gutters, or
sidewalk improvements in plats located within the City's
extraterritorial plat approval area.
(g) The requirement for sidewalks may be waived or modified by the
Common Council if the subdivider submits an alternative plan to
effectively serve pedestrian needs. An alternative plan may
involve the development of a trail system serving all lots within the
subdivision, linking the trail system to other trails or sidewalks in
adjacent areas.
(7) Other Utilities
The subdivider shall cause gas, electrical power, and telephone facilities
to be installed in'such a manner as to make adequate service available to
each lot in the subdivision. No such electrical or telephone service shall
be located on overhead poles, unless otherwise allowed due to
exceptional topography or other physical barrier.
Associated equipment and facilities which are pertinent to underground
telephone and electric systems (such as, but not limited to, substations,
padmounted transformers, padmounted sectionalizing switches,
pedestals, mounted terminal boxes), may be located above ground.
(8) Street Lighting
The subdivider shall cause lights as specified in the approved street
lighting plan to be installed in order to adequately illuminate the
subdivision.
The subdivider shall assume the cost of installing all street lights as
specified in the approved street lighting plan, exclusive of that portion, if
any, absorbed by Wisconsin Public Service Corporation. This Section
shall apply to all plats located in the City of Oshkosh and within the City's
three (3) mile extraterritorial plat approval jurisdiction.
(9) Preparation of Plans and Specifications
The City of Oshkosh may, by common agreement between the Common
Council and subdivider, provide the engineering services needed for all or
part of the required improvements. If the city provides this service, it shall
be reimbursed in the amount of twelve (12) percent of the actual cost of
improvements designed by the City. In the event that the method of
financing outlined in Section 30- 74(A)(3) is utilized, said twelve (12)
percent engineering cost shall be added to the special assessment.- The
service is not available to subdividers platting within the extraterritorial
plat approval jurisdiction.
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