HomeMy WebLinkAbout28861 / 77-06� M,ay 19, 1977
� `"� FIRST READING
PURPOSE:
TO AMEND SU80lVISION ORDINANCE
PRO°OSED BY: CITY MANAGER
. ;
ORDINANCE
�
A G�PJ�RAL ORDiNANCE OF THE CiTY OF OSHKOSH AMENDING SECTIONS 3�-35, 3�-36� 3�-
39, and 30-40 QF THE REU15E0 MUNiCIPAL CODE PERTAINING TO SUBDIVISION.
Th� Comrno,i Council a� the City of Oshkosh do ordain as foliows:
SECTION 1. That Section 3�-35(C)(�) of the Revised Municipal Code is
E-�ereby repea]e�.
SECilON 2. ihat Section 30-35iC)(6} of the Revised Municipal Code is
hereby recreated ta read as follows:
Section 30-�5(C)(6}
(E�) Pubiic Si��s and Open Spaceso Ir. order that adequate open space and
sites for pubiic uses may be properiy located and preserved as the
commu�iifiy devPlops; and in order tnat the cost of providing the park
anci recr�a t i ar� s i tes ar.d fac i S i t i es nece�sary to serve. t he add i t i on�i i
famii�s brc�ught :rEt� �r�e comn-�+.anit:,�, by subdiv�sion dc_velopmerrt, may L�e
mar� equ i �at; l y apPc e�t i�red o� �:f,e bas ; s of the add i t i ona 1 necd crea 4:ec3
by the in�ividual SubdtviSiGr� develapment, the followi�g provisions
are established:
Reservation of Poi.ent+a'i Sites. In the design nf a major or
�minor subdivision, con�ideration shall �e given to the adequate
prov�sion of and correlation with such public sites or open
spaces, where it is determined by thz City Plan Commission that a
portion of the area is reyuired for svch public sites or open
spaces, che subdivider may be requireci to reserve such area for a
p�riod not to exceed T:ve y�ars, after vJhich an app�i��b?e agency
.>fi<3i1 EILirE4' dG�UIYC �t„ �:iO�'tBt".t.)' OP Ch?�°_c;SE.' �s'"1E.'. i:�S�i`L;iit�t:.
Dncication of Sites. !dh�re feasible and cornpatible with the
�amprehensive plars for development af th� c�mmunity, th�, su�°
c�iv±der shall declicate to rhe public adequa*e land to �rovida ror
tne park and recreation reeds of the major or rrinor subdivision.
'fhe arr�ount of land to be pravided shal] be determined on the
ba>is �f an ar��unt oi land equal ir value to $100.CC par resi-
dential hou:�ing unit creat�d by a major or minor subdivision if
utilized to the maximum allowabl�. dz�sity under the City Zoning
Ordinance, to be �sed far park and recrea�ion purposes. Such
value shail be det�rmined by the CiCy or Town Assessor o� the
�asis of f��ll aric� fia+r market value of the tand as unimproved dnd
unsub�ivide,! residen�ial pi-operty.
-- 8I: —
SUBDIVISIGN AMENDMEN7S Cont'd.
1f the o��ner is not satisfied with sucfi appraisai, he may appeal
such deternination in which case an appraisal board consisting of
one appraiser selected by the City or Town at its' own expense,
and a third selected by the two other appraisers at City or Town
expense, shali determine the value.
' Proportionate Payment in Lieu of Dedication. Where such dedication
4:
is not feasible or compatible with the comprehensive plan, the
� subdivider shall in lieu thereof pay to the City or Town, depending
on the location of the piat, a fee equivaient to the value of the
required dedicatinn. Such fee sha11 be distributed as follows:
$100.00 per residential lot, payab)e prior to accept�nce of
the fina] plat, and $100.00 per dwelling unit, payable prior
to issuance of a buildins permit, with the provis'son that
monies for iot payments r.ade prior �o the finai pla� sh�11 ►,�e
a�pli�d t4 the totai amcun� due anci owing ror zne cast o�
each unit; money to be placed in a non-taps:ng fund to be
used for neighborhood park and recreation area purposes.
Such f�e sha11 be used exclusively for immediate or fut�are
site acquisitioR or capi�al improvement.
No payment shall be required for a lot, created by a subdivision
of land �nder this ordinance, on H�hich a residential structure
al�eady exists, or w,�ich i� a resid��al parcel in excess of
four acr-es and nat intendeci for immediate sale or co�veyanc�.
Paymer�t may be in a iump sum or SOi paid at the tir;�e of
certified survey map or fir�ai p�at approvai and the balance
tc� he paid within ane year, such deferred payment to be
guarante�d by surety bond or other satisfactory financial
guarantee to th� City o� Oshkosh or the Town dep�ncle�it on
�ts location.
Where a lot or parcel, for which payment has once been made,
is further divid�d, payme�t shall be �equired only for the
additior�ai lots or parrels creatAd.
ihe requirLd paymer+t shall be made before the ce.rtification
of a�proval may be affixed to the final plan.
D�terminaticn of Feasibility. The determination as to the fieasibiiity
or dedic�tion shall be made by the Plan Ccmmission. The sub�iivider
shall, however, have �hz ootion of cl�oosing to ma�ce paym�nt in
li�u of dedication.
SECTiON 3. T�at Se�tion 3?-3b�Biiz)if) of the Revised hiunic+pal Code is
hereby repeated.
S£Ci'ICN 4. Thar section 3�-36(B)(2)(f) of the Revised Municipal Codz is
hereby r�createu to read as foilows:
_ �� _
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SUBDIVISION AMENDME�TS Cont'd.
Section 30-3�tg)�2)�f)
(f) After the final plat has been approved by the Common Councit and
improvements either instatled or a contract and bond insuring their
installation filed in accordance with Section 30-40 (A) of this
Ordinance, the City Clerk shall cause the certificate inscribed upon
the Plat attesting to such approval to be duly executed and the Plat
returned to the subdivider for recording.
SEC710N 5. That SectiQn 30-39�c)(1) of the Revised Municipat Code is hereby
r�pealed.
SELTiQN 6. That Section 30-39(c)(1) of the Revised Municipal Code is hereby
recrea:ed to rea� as follows:
;�e:�i� jv—����-1 i�j
(C) Street Design Standards
(i) Width
. . The right-of-way and roadway of all streets shall be of the widih
specifie� on the official map or master �lan or, if no width is
specified there, they shall be not less than the width specified
below:
(aj �f�ajor Streets
{b) Collector Streets
(c) hlino� and Marginal
Access Streets
P. i g;�t°of-W�-
^ �Cl feet
E�6 feet
60 feet
R�adway
�+$~ feet
36 feet
3o feet
SECTiON 7. That Section 30-40 of the Revised Municipal Code is hereby
:epealed.
SECTION 8. That Section 30-40 of the Revised Municipal Code is hereby
recreated to read as foltows:
���T►�t�; �tt_I��r RGnLd.°.E� Ir•1pR�?��L?�!c���c �n�n c�ion;�r�cer�r;c l:tlTt.ItRt r:��� ��,:��^
L . .r i . . .., v .. ♦ ,., �n e a � e ; e. ! r u i : �
�A} tlethods of Fina�cing
No final Plat for the subdivision of land in the City of Q�F.kosh shall be
apRroved by the Common Council until the subdivider has made arrangements
tc install the required improvements as hereinafter provided.
lmorovements may be provided by the subdivider in one of the follo��r'sny
�.�ays:
(1) Qy private contract prior to approval of the certified survey map or
final plat.
(2) By entering into a contract with the City of Osn!cosh, befare ihe final
plat is submitted for a�proval, agr-�eing that he will install the
required improvements. The subdivider shall file with said contrac:t a
bond neeting the approvai of th� City Attorney or a certified c.heck or
—8C—
�
SUBDIVISION AMENDMENTS Cont'd.
letter of credit in an amount equat to the estimate of cost of said
improvement as prepared by the Director of Public Works. Such t>ond,
check, or letter of credit shall constitute a guarantee that such
improvements will be completed by the subdivider or his contractors
not later than three (3) years from the date of recording of the
plat. It shall constitute a further guarantee that alt obli.gations
to subcontractors for work on the development are satisfied.
The contractar and/or subcontractors who are to be engaged in the
construction of improvements on dedicated street rights-of-way
shall be designated as qualified for such work by the Director of
Public Works.
Governmental units to which these bond and contract provisions
apply may fi le in 1 ie�a of s��i�i contract or bond, a i�tter f�-om
�fficers authorized t�, a�t in their behalT, agreeine �a fa�nply
with the provision of this Article. �
(3} The subdivider may in lieu of options (1) and (2) above, avail
himself ofi special assessment finarscing for the installation of
the improvements re�uired by this ordinance including sewer,
water, grading, storm sewer, and graveling and street surfacing
including curb and gutter. The cost of such special assessments
shall be based upon the Director of Public Works estimates for
100� of said improvements, pius engineering costs, if the City
provides this service.
If ttie subdivider desirzs to avail himself of special assessrnent
financing, he shall submit a petition to the City Clerk in accordance
wiLh the applicable special assessment improvements �olicy of the
City, requesting installation of such improvemer�ts and exprer;�ly
waiving all 1ega1 requirements, including the right to notice and
hearing, with respect to the special assessments to be 1PVied in
connection therewith.
The City Clerk shall tabulate petitions under this method on
September lst of each year. The City Council shalt then consider
each petitifln an an individ�sal petiti�n basis. No conm+ttment
i<� }%iOi;i:l� S�ici;t3i 3�SuS5��fc� Tlftc3RGlt'1�; !S ini=err�d !1'iCl: I(1(jf—
vidually approved by the Common Council. In tiie ev�rit tnat iunds
are available to or�ly partially fund all of the suodivision�
desiring this option, the City Councii shall be guidetl by giving
c�nsideration on the basis of the subdivision or subdivisions
which have the lowest unrecoverable city cast p�r )ot, and other
fa�tors.
i5} �.eG�Ired Improvements
{1) Survey 'rlor�urnents. Before final approval of any plat within the
coroorate limits of the City af Oshkosh, the subdivider shall
ins*all monuments placed in accordance with the requirements of
i�
SUBDIVISION AMcNDMENTS Cont'd.
Chapter 236 of the �isconsin Statutes and as may b� 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 insure the placing
of such manuments within the time required.
(2) Street Grading. After the installation of temporary block corner
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
ded�cated in accordance with plans and standard specifications
approved by the Department of Public Works.
(�) Sanitary Sewers. The suCdivi��:r shali ianstruct sanitary sewers
in s�cn a manner as to �ake aQequate sanitary se�erage service
availahte to each lot within a major or minor subdivision.
Laterals extending from the sanitary sewer main to the lot line
ta servic� each parcel o; ��•operty within th�e subdivision shall
be instailed. The size, type, and instailation of �a11 sanitary
sewers proposed to be constructed sha}1 be in accordance with
,�lans and specifications approved by the Departm�nt of Pubtic
wbrks.
The� subd i v i der sha' i assune the c�st af i r�sta 1 i i��c�
s�wers ten 10 inches in diameter or less in si.e.
than ten ('0) �nch diameter se��ers are required ta
contemplated sewage flows, the excess cost of suc�
shall b� borne by the City of Oshko§h.
�al) sanitary
�i yreate;
I�andle the
lar�er sewers
(4) L!a[er. The su�divider shall construct water m�+ins 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, *_ype and instaltation of all �ublic
water mains sha11 be in accordance with plans and standard sp�-
ci`ications approved by the 0epartment of Public t�Jorks.
T�?? G��?;'?iVj��ior• S�"f�� j e3Scitt'iya �-!�a r��c,t rj� t��+`�?;n�, �yl1 �,�_rr,r
mai�s eigne inches in dismeter or l��ss i� �izE. If creac�r
tha� eight (8) inch diameter water mair�s are requ;red, ths excess
cost cf suc.n mains s!�all be borne by the �ity of O��kosh.
(5} Storn Sewers. Wh�n required, by
storm sewPrs shall be constructed
thrauqhout thy entire subdivision
independent of the sanitary sewer
an ad�quatz outlet or connection
tie City. When storm sewers are
for th� removal of surface water
entire subdivision.
^ 11 L '-
the Director of Pu�iic Works,
with the neczss�ry Facilities
whi�h shall be s�parate and
system, and which sha11 pr�vide
with the storm sewer system of
not installed, a��equate facilities
sha11 be pravided throughout the
SUBDIVISION AMENDMENTS Cont'd.
The subdivider shall assume the cost of installing all storm
sewers up to an amount not to exceed the amount of lot front footage
(measured at the bu i 1 d i ng 1 i ne) mul t i pl i ed by five dollars .- If
storrr� sewers are required which cost more than this amc,unt, the
excess cost shall be borne by the City of Oshkosh. The size, type
and installation of all storm sewers shall be in accordance with
plans and specifications approved by the Department of PubTic Works.
(6) Street Surfacing and Curb and Gutters. After the installation of
all utility and storm water drainage improvements, the subdivider
shall surface all road-ways in streets proposed to be dedicated
to the widths prescribed by these regulations and approved in the
Preliminary Plat. Said surfacing and curbs and gutters shall be
cione in accordance with plans and standard s�ecificati�r�s a�proved
by the Department of PRablic Work.s; and shall consist of the
Toflowing:
Type of Street
Major
Collector
Minor
Surface
4 inches of crushed stone, and
8 inches of non-reinforced concrete
5 inches of crushed stone, and
7 inches of non-reinforced concrete
5 inches of �rushzd stoneS ��r;d
7 inches of non-reinfo�-cec� conc.rete
or
7 inch�s �f crushed stone
5 inches of asphalt
The subdivider shall assume the G�st of surfacing all roadways thirty
30 feet in width or less, and the cost of installation of all curbs
and gutte:'s. The cost of surfacin, in excess of thirty (30} fee*
in ueici�h shall be hOr?�P_ by th� C?ry of ��h�asf,,
t7) Ot�er Utilities. The subdivider sha11 cause gas, Plectr-icai power and
telephone facilities to be installed in such a manner as Yo make
adequate service available to each lot in the subdivisicn. tio such
eTectrical or telephone servi4e shall be located on overhead poles
unlAss otherwise allo��ed due to exceptional topography or o�her
physical barrier.
F�ssociated equipment and faciiities which are pertinenfi ta uncierground
telephone and electric systems such as, but not lsmited to, substations,
padmounted transformers, padmounted sectionalizing switches, pedestals,
mo�nted terminal boxes, may be located above ground.
- 8F -
' SUBDIVISION AMENDMENT Cont'd.
(8) Preparation of Plans and Specifir.ations. The City of Oshkosh
may, by common agreement between the City Council and the sub-
divider, 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 six per cent (6�) of
the actual cost of improvements designed by the city. In the event
the method of financing outlined in 5ection 30-40(A)(3) is utilized,
said s ix percent engineering cost shall be added to the special�
assessment.
ScCTION 9. This ordinance shall be in full force and effect from and after
its passage and date of pubtication.
_ �� _
�„Ti�ITTED BY
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�ate.
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_ � — - .. _ a - ; • .'�^I:lr p P. O. 50X 1730 • C
2•:ay 13, 1977
Ci �Li _�iara��Y
City Cot:nc? 1 ?�I��bers
��:er_d._�en �s �o SL�d? ��� si on Ordinance
I an �ari�ing this m:e�;o as Chairman of the Oshkosh Plan
Co�1-nission in orci�r -to clarify the Plan Commission's
posi�ion an the p���osed subdivision ordinance amendment.
�,,.,,,��' : r� � n� s�bdivision ordinance amendm�nts are i_n conformance
;tiith �:�y n�mo to ��u dat°d April 8, 1977, exceot for matters
;rnich passe� t;z� pla� Co�;unission by a substantial majority.
�t tY�e April 2�t': '�"_ee �.ing of the Plan Corunission, the Commis-
sion z;oted una��.i�ously to amend the proportional payment in
3ieu o� dedica�ic� o� park land so that the subdivider paid
�1v0 �er lo� at ��e ti�^e he platted the Iot and $100 for each
��;e? ling t.l ? t �:.o=e zhan 1 that was constructed on each lot
b�=ore a b�:? lc:i�:� ti�-l�it would be issued. For eYample, the
??a� Com�issio^ t�o�.�G�t that it would be inhzrently unfair
�c a u�ve?_c��r� � c-�a=::ed$8dQ as a payment in lieu of dedi-
ca`�o� o= ti�r'{ Ia:�d ior a lot larqe enough to accommodate
�n r-pl�� �N:z�� o�l�� a^-plex would be constructed. As
sta�ed �rev� o�:sl,,r, ��� s change is reflected in the proposed
a���d__sen� o� �ection 30-35 ;C) (6) .
�- �n� sa:�:e ��ri± 2�t� '�Seeting the widths of streets were
c�? sc�.;ss�u. I� w;s no�ed that a 36' wide street would allow
U�r'�=�g on bo��: s=ues a��? sti11 allow uninhibited, two--way
�ra-fic. in�_e=or�, t��e :'lan Commission went along with
��� rPco_n�e:da�i�� Ye:arding collector streets being 36-foot
�r� de ? ns �e��: o� �^e 42-�oot, �v�icn is called for under the
�,�s��� o�di�a�ce. I� �iscussing the roadway width on minor
ard ::�a=ginai accass S��2E�S, the pr.esent ordinance calls for
a 3o-��oc t•rid'__�?, a�?d �'�e recommendation was for a 26-foot
:•;ic�n. n��e= due �:-�c� careLul co?-�sideration, the Plan Com-
-:iss� on -roced bJ a'0--2 �ajority that the street �aidth for
�:i�or a�d :�a.���ra1 access stree'ts be 30 feet inst�ad of
y�� �:roNOSea 20 0� t�a present 3o--foot width, Since the
��.�=er�r�ial �,e�:a�en roac:way �,aid�h and the riaht-of-�aay
-.a� ci=r ;aoui�; be �h� sa~e I.5 foat ��.��ether the street were
a coll�c�o-r s�r��c or a minor or marginal access street,
? t :aas c:�cide�. to 12a��� the rignt-oi-sr�alr width the sam=;
as i� ?s �res�.�r?y, 50 =oot for collector streets and
00 �co` �or ��:�or a:�c ma_rgir.al access streets. These
c^a�7es an� r=�c�TMe^�a�.ions by tne Plan Commission are
re�?ac�:�d i:� �ne a-�;��s�d ordinance.
I�mendments to Subdivision Ordinance
May 13, 1977
Page �2
The Plan Commission then discussed the proposed amend-
ment of Section 30-40 (A) (3). The original recommendation
dealt ��tith the subdividers' petitioning the City Counc.il
on January l, and the Plan Commission felt that it would
be well to set this date ahead so that the Capital Trrip.rove-
ments Proqram could be prepared earlier. The Plan Com-
mission recommendation is that the date be set at September
lst and this recommendation is reflected in the ardinance.
The P1an Commission also €elt that putting the entire em-
ghasis on the lowest,unrecoverable city cost per lot was
wrong in the instance where the city would have to make
a decisior on wh�c;. s�abdiviszons would be ituided in th�
event that funds were not available to fund all subdivi-
sions. Therefore, the Plan Co:�imission voted to say that
the City Council would be guided by other factors and
consideration would be given to the lowe�t, unrecoverable
city cost per lot. This recorn�Tended change by the Plan
Con�rnission is reflected in the proposed ordinance.
The other c.hanges in reqard to the city furnishing engin-
eering and approving plans rather than preparing the plar.s
for subdivision improvements, are not in accordance with
the Plan Commission's 4-3 vot�. The Plan Commission
recommended that the city continue to furnish this service
free of c'riarge to subdividers. I disagree with -this
concept, and the ordinance do�s not reflect the Plan
Commissionrs recommendation.
Unde.r the or_dinance provisions as attached, the city
would have the option of providing the enqineerinq ser-
vices or te1]_ir.g the subdivider to have the improvements
desigr�ed by a private consul_ting enqineering firm. If the
city did provic�G the engineering services, it would re-
cover 3 � oF the cost cf the improve.<<en-ts and, if this
provision had been in effect in the 1977 Capital Improve-
ments Program, th� ci�y would have recovered $65,395.2�
for the engineering work that it has performed, and this
caould have raised tne cos� of an average lot by $234.
B�cause several of the lcts are multi_-family, -the addi-
tional engineering costs on a per-dwelling unit basis
woul.d have been $169.85, if the provisions had been in
ef.fect on the subd�_visions constructed in the 1977
Capital Impro�rem�nts Program.
The Plan Commission also recommended, by a 4-3 vote, that
the city not recover any of the costs of storm sewers and
that the c.�`v ;,or.t�nu� to place all storm sewers in subdi-
visions at no cos� to the subdivider. This, of course, is
contrary to my memorandum to you on April 8, 1977, ar.d I
believe that tlze storm sewer costs represents the bulk of
the city's inv�stment in assisting subdividers. Under �the
Amendm�nts to Subdivision Ordinance
blay 13 , 19 7 7 �------------ ---
Page L"3
�.
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�
�roposal which is reflected in the subdivision ordinance
amendments, the city would recover the cost of storm sewers,
u� to an amount ec�ual to $10 per front foot of lots cre-
ated in the subdivision, If this policy had been in effect
in the 1977 Capital Improvernen�s Program Subdivisions,
the city would have assessed (thus recovering) $204,500
for'storm sewers in the new subdivision. The city still
would have borne a total of $81,500 far storm sewers in
the 1977 Capital Improvements Program Subdivisions, had
this prograrn been in effect. The additi.onal assessment
for storm sewer would have amounted to an average of $999
per lot.
If the City Council wishes to follow exactly the recommen-
dations of the Plan Comz�ission which were adopted by a
a-3 majority regarding the recovery of storm sewer and
engineer-ing c�sts, the Council would simply not amend.
Section 30-40, az�d.the situation would remain status c�uo.
I hope this memo clarifies the P1an Commission's actions
on the proposed subdivision ordinance.
cs
Respec�tfully submitted
G% ' y .ar �n °�:. 9
,,ik�"' �
William D. Frueh
City i�lanager
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