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CHAPTER 14.0100 - INTRODUCTION

14.0101 - AUTHORITY.  These regulations are adopted under the authority granted by Section 236.45, Wisconsin Statutes.

14.0102 - SHORT TITLE.  This Ordinance shall be known as, referred to, or cited as the "LAND DIVISION ORDINANCE".

14.0103 - PURPOSE.  The purpose of this Ordinance is to regulate and control the division of land within the corporate limits of the Village of Big Bend, Wisconsin and within the extraterritorial plat approval jurisdiction of the Village in order to promote the public health, safety, morals, prosperity, aesthetics and general welfare of the Village of Big Bend and its environs.
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14.0104 - INTENT.  It is the general intent of this Ordinance to regulate the division of land so as to:

            A  Promote the wise use, conservation, protection, and proper development of the Village of Big

                 Bend's soil, water, wetland, woodland, and wildlife resources and attain a proper adjustment

                 of land use and development to the supporting and sustaining natural resource base;

            B  Lessen congestion in the streets and highways;

            C  Further the orderly layout and appropriate use of land;

            D  Secure safety from fire, panic and other dangers;

            E   Provide adequate light and air;

            F   Facilitate adequate provision for housing, transportation, water supply, waste water schools,

                  parks, playgrounds, and other public facilities and services;

 
           G   Secure safety from flooding, water pollution, disease, and other hazards;

            H   Prevent flood damage to persons and properties and minimize expenditures for flood relief

                  and flood control projects;

             I    Prevent and control erosion, sedimentation and other pollution of surface and subsurface

                  waters;

            J    Preserve natural vegetation and cover and promote the natural beauty of the Village of Big

                  Bend and its environs;

            K   Restrict building sites on floodlands, shorelands, areas covered by poor soils, or in other

                  areas poorly suited for development.

            L   Facilitate the Further Division of larger tracts into smaller parcels of land;

           M   Ensure adequate legal description and proper survey monumentation of subdivided land;

            N   Provide for the administration and enforcement of this Ordinance;

            O  Provide Penalties for its violation; and

            P  Implement those municipal, county, watershed, or regional comprehensive plans or plan

                 components adopted by the Village of Big Bend, and in general to facilitate enforcement of

                 Village of Big Bend development standards as set forth in the adopted regional, county, and

                 local comprehensive plans, adopted plan components, Village of Big Bend Zoning

                 Ordinance, Village of Big Bend Building Code.
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14.0105 - ABROGATION AND GREATER RESTRICTIONS.  It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.
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14.0106 - INTERPRETATION.  In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Village of Big Bend and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
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14.0107 - SEVERABILITY.  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.
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14.0108 - DISCLAIMER OF LIABILITY. The Village of Big Bend does not guarantee, warrant, or represent that only those areas designated as floodlands on plats and Certified Survey Maps will be subject to periodic inundation, nor does the Village guarantee, warrant, or represent that the soils shown to be unsuited for a given land use from tests required by the Ordinance are the only unsuited soils within the jurisdiction of the Ordinance; and thereby asserts that there is no liability on the part of the Village Board, its agencies, agents or employees for flooding problems, sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with this Ordinance.
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14.0109 - INCONSISTENCY WITH OTHER ORDINANCES. This Ordinance shall supersede all other general and Zoning Ordinances, or parts thereof, inconsistent or in conflict with this Ordinance, to the extent of the inconsistency only.

SECTION 14.0200 - DEFINITIONS.
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14.0201 - GENERAL DEFINITIONS.  For the purposes of this Ordinance, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not discretionary.
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14.0202 - SPECIFIC WORDS AND PHRASES.

         1  Advisory Agency.  Any agency, other than an objecting agency, to which a plat or Certified

             Survey Map may be submitted for review and comment. An advisory agency may give advice to

             the Village of Big Bend and may suggest that certain changes be made to the plat or certified

             map, or it may suggest that a plat or Certified Survey Map be approved or denied. Suggestions

             made by an advisory agency are not, however, binding on the Village Board or on the Village

             Plan Commission. Examples of advisory agencies include the Waukesha County Department of

             Parks and Land Use Division, the Southeastern Wisconsin Regional Planning Commission,

             school districts and local utility companies.

          2  Alley. A public or private right-of-way shown on a plat which provides secondary access to a lot,

              block, or parcel of land.

          3  Approving Agency.  An agency empowered to approve a subdivision plat pursuant to approval

              authorities as set forth in Wisconsin Statutes Section 236.10. The Village Board is the         

              approving agency for any plat.

         4  Arterial Street (See "Street, Arterial")

         5  Block.  A tract of land bounded by streets, or by a combination of streets, public parks,

             cemeteries, railway right-of-way, bulkhead lines, or shorelines of navigable waterways and

             municipal boundaries.

         6  Building.  Any structure having a roof supported by columns or walls used or intended to be

             used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

         7  Building Line.  A line parallel to any lot line and at a specified minimum distance from the lot line

              to comply with terms of this Ordinance and the Village of Big Bend Zoning Ordinance.

         8  Certified Survey Map.  A map prepared by a Registered Land Surveyor in accordance with

             Section 236.34, Wisconsin Statutes. Certified Survey Maps may, under the terms of this

             Ordinance, be used to create "minor land divisions". Certified Survey Maps are prepared on

             map sheets measuring 8 1/2 inches by 14 inches at a map scale not to exceed 1 inch equals

             200 feet.

         9  Collector Street (See "Street, Collector")

       10 Community.  A Village, municipality, or a group of adjacent Towns and/or municipalities having

             common social, economic or physical interests.

       11  Comprehensive Plan.  Any extensively developed plan also called a master plan prepared and

              adopted by the Village of Big Bend Plan Commission and certified to the Village Board

              pursuant to Section 62.23 of the Wisconsin Statutes including proposals for future land use,

              transportation, urban redevelopment and public facilities. Devices for the implementation of

              these plans, such as zoning, official mapping, land division control ordinances and capital

              improvement programs shall also be considered a part of the comprehensive plan.

       12  Copy.  A true and accurate copy of all sheets of the original subdivision plat. Such copy shall be

              on durable white matte finished paper with legible dark lines and lettering.

       13  Cul-de-Sac Street (See "Street, Cul-de-sac")

       14  Department.  The Department of Administration.

       15.  Dwelling Unit.  A building or part of a building used for a place of abode and occupied by one

               family.

       16.  Environmental Corridor.  Those lands containing concentrations of scenic, recreational, and

               other natural resources as identified and delineated in the comprehensive planning program of

               the Southeastern Wisconsin Region by the Southeastern Wisconsin Regional Planning

               Commission. These natural resource and resource-related elements include the following:

               1. lakes, rivers, and streams, together with their natural floodplains; and

               2. wetlands.

        17. Extraterritorial Plat Approval Jurisdiction.  The unincorporated area within one and one half

               (1 1/2) miles of a fourth-class city or village and within three (3) miles of all other cities. Where

               such jurisdiction overlaps, the jurisdiction over the overlapping area is divided along a line, all

               parts of which are equal distance from the boundaries of each municipality.

       18.   Fill.  Sand, gravel, earth or other materials of any composition whatever placed or deposited

                by human beings.

       19.   Final Plat.  A map prepared in accordance with the requirements of Chapter 236, Wisconsin

                Statutes and this Ordinance for the purpose of dividing larger parcels into lots and conveying

                those lots. The lines showing where lots and other improvements are located are precise.

        20.  Financial Guarantee. A letter of credit, cash or certified check guaranteeing performance of a

               contract or obligation through possible forfeiture of the letter of credit, cash or certified check if

               said contract or obligation is unfilled by the Subdivider.

        21.  Floodlands.  Those lands, including the floodplains, floodways, floodfringe, and channels,

               subject to inundation by the one hundred (100) year recurrence interval flood.

        22.  Frontage (Lot).  The total dimension of a lot abutting a public street measured along the street

                line.

        23.  Frontage Street (See "Street, Frontage")

        24.  High Groundwater Elevation.  The highest elevation to which subsurface water rises. This may

               be evidenced by the actual presence of water during wet periods of the year.

        25. Improvement, Public.  Any sanitary sewer, storm sewer, open channel, water main, roadway,

               park, parkway, public access, sidewalk, pedestrian way, planting strip, or other facility for

               which the Village of Big Bend may ultimately assume the responsibility for maintenance and

               operation.

        26.  Irrevocable Letter of Credit.  An agreement guaranteeing payment for subdivision

               improvements, entered into by a bank, savings and loan, or other financial institution which is

               authorized to do business in this State and which has a financial standing acceptable to the

               Village of Big Bend, and which is approved, as to form, by the Village Attorney.  The Letter of

               Credit shall be automatically renewed, cannot be canceled or terminated without 90-day written

               notice to the Village and shall contain a cost of living escalator clause.

        27.  Lot.  A parcel of land having frontage on a public street, occupied or intended to be occupied

                by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area,

                yard, parking area and other open space provisions of the Village of Big Bend Zoning

                Ordinance.

        28.   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.

        29.   Lot, Double Frontage.  A lot, other than a corner lot, with frontage on more than one (1) street.

                 Double frontage lots shall normally be deemed to have two (2) front yards, two (2) side yards,

                 and no rear yard. Double frontage lots shall not generally be permitted unless the lot abuts an

                 arterial highway. Double frontage lots abutting arterial highways should restrict direct access

                 to the arterial highway by means of a planting buffer or some other acceptable access

                 buffering measure.

        30.   Lot, Flag.  A lot not fronting on or abutting a public street and where access to the public street

                system is by a narrow strip of land, easement, or private right-of-way, and where the area of the

                lot, for zoning purposes, shall not include the narrow strip.

        31.   Lot, Interior.  A lot other than a corner lot, with frontage on one street.

        32.   Mean Sea Level Datum.  Mean Sea Level Datum, 1929 Adjustment as established by the U.S.

                Coast and Geodetic Survey.

        33.   Minor Land Division.   Any division of land not defined as a "subdivision". Such minor land

                divisions shall be made by Certified Survey Map.

        34.   Minor Street (See "Street, Minor")

        35.   Municipality.  An incorporated Village or City.

        36.   National Map Accuracy Standards.  Standards governing the horizontal and vertical accuracy

                of topographic maps and specifying the means for testing and determining such accuracy,

                endorsed by all federal agencies having surveying and mapping functions and responsibilities.

                These standards have been fully reproduced in Appendix D of SEWRPC Technical Report No.

                7, Horizontal and Vertical Survey Control in Southeastern Wisconsin.

        37.  Navigable Water.  Lake Michigan, Lake Superior, all natural inland lakes within Wisconsin,

               and all streams, ponds, sloughs, flowages, and other water within the territorial limits of this

               state, including the Wisconsin portion of boundary waters, which are navigable under the laws

               of this state. The Wisconsin Supreme Court has declared as navigable, bodies of water with a

               bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation

               by a recreational craft of the shallowest draft on an annually recur-ring basis. The Wisconsin

               Department of Natural Resources is responsible for determining if a water body or watercourse

               is navigable.

        38.  Objecting Agency.  An agency empowered to object to a subdivision plat or Certified Survey

                Map pursuant to Chapter 236 of the Wisconsin Statutes. The Village of Big Bend may not

                approve any plat or Certified Survey Map upon which an objection has been certified until the

                objection has been satisfied. On any plat, the objecting agencies may include the Wisconsin

                Department of Administration, the Wisconsin Department of Transportation (WDOT), the

                Wisconsin Department of Commerce (DOC), and the Wisconsin Department of Natural

                Resources (DNR). The Waukesha County Department of Public Works is an objecting agency

                on any plat or Certified Survey Map abutting a County Trunk Highway. On any Certified Survey

                Map, the objecting agencies may be Wisconsin Department of Transportation, Division of

                Highways and Waukesha County Department of Public Works.

        39.  Ordinary High Water Mark (Surface Water).  The point on the bank or shore up to which the

                presence and action of surface water is so continuous as to leave a distinctive mark such as

                by erosion, destruction, or prevention of terrestrial vegetation, predominance of aquatic

                vegetation, or other easily recognized characteristic.

        40.  Outlot.  A parcel of land, other than a lot or block, so designated on the plat, but not of standard

                lot size, the intention of which is to either redivide into lots or combine it with one or more other

                adjacent outlots or lots in adjacent subdivisions or minor subdivisions in the future for the

                purpose of creating buildable lots. Outlots are also designed for storm water management

                facilities, manmade lakes, ponds, common open space and parks.

        41.  Owner.  An individual, firm, association, syndicate, partnership, or corporation having a

                proprietary interest in a parcel of land.

        42.  Plat.  A map of a subdivision.

        43.  Preliminary Plat.  A map showing the salient features of a proposed subdivision submitted to

               an approving authority for purposes of preliminary consideration. A Preliminary Plat precisely

               describes the location and exterior boundaries of the parcel proposed to be divided, and

               shows the approximate location of lots and other improvements.

        44.  Public Way.  Any public road, street, highway, walkway, drainageway, or part thereof.

        45.  Recording a Plat.  The filing of the Final Plat with the Waukesha County Register of Deeds.

 
        46.   Replat.  The process of changing, or the map or plat which changes the boundaries of a

                 recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot within

                 a recorded subdivision plat or Certified Survey Map without changing exterior boundaries of

                 said block, lot or outlot is not a replat.

        47.  Sanitary Sewer Service Area.  The area within and surrounding the Village, or other community

                that is planned to be served with public sanitary sewerage facilities as determined by the

                facility plan as updated from time to time.

        48.  Shorelands.  Those lands lying within the following distances; one thousand (1,000) feet from

                the high water elevation of navigable lakes, ponds, and flowages or three hundred (300) feet

                from the high water elevation of navigable streams or to the landward side of the floodplain,

                whichever is greater.

        49.  Soil Mapping Unit.  Soil types, slopes, and erosion factors delineated on detailed operational

               soil survey maps prepared by the U.S. Soil Conservation Service (now known as the Natural

               Resources Conservation Service).

        50.  Solar Access.  Access to solar rays so there is no shading to the south wall or rooftop of any

                proposed structure.

        51.  South Wall.  Any wall facing within 45 degrees of due south.

 
        52.  Street, Arterial.  A street used, or intended to be used, primarily for fast or heavy through traffic.

               Arterial street shall include freeways and expressways as well as standard arterial streets,

               highway and parkways.

        53. Street, Collector.  A street used, or intended to be used, to carry traffic from minor streets to the

              major system of arterial streets including the principal entrance streets to residential

              developments.

        54. Street, Cul-de-sac.  A minor street with only one (1) outlet and having an appropriate turn-

               around for the safe and convenient reversal of traffic movement. 

        55. Street, Frontage.  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.

        56. Street, Minor (Local).  A street used, or intended to be used, primarily for access to abutting

               properties.

        57. Subdivider.  Any person, firm or corporation, or any agent thereof, dividing or proposing to

              divide land resulting in a subdivision, replat, certified survey map or condominium.

        58. Subdivider's Agreement (Developer's Agreement).  An agreement entered into by and between

               the Village and a subdivider whereby the Village and the subdivider agree as to the design,

               construction and installation of required public improvements; the payment for such public

               improvements; dedication of land; and other matters related to the requirements of this

               Ordinance. The Development Agreement shall not come into effect unless and until a Letter of

               Credit or other appropriate surety has been provided to the Village by the subdivider. A

               Subdivider's Agreement may also be referred to as a Developer's Agreement.

        59. Subdivision.  The division of a lot, parcel, or tract of land by the Owners thereof, or the Owner's

              Agent(s), or a subdivider for the purpose of transfer of ownership or building development where

              the act of division creates five (5) or more parcels or building sites inclusive of the original

              remnant parcel of one and one-half (1 & 1/2) acres each or less in area; or where the act of

              division creates five (5) or more parcels or building sites inclusive of the original remnant parcel

              of one and one-half (1 & 1/2) acres each or less in area by successive divisions of any part of

              the original property by any person within a period of five (5) years; or where the act of division

              creates six (6) or more parcels or building sites for single family residential development

              inclusive of the original remnant parcel of any size by successive divisions of any part of the

              original property by any person within a period of five (5) years. Other divisions of land shall be

              termed "minor land divisions".

        60. Village Plan Commission.  The Commission created by the Village Board of the Village of Big

              Bend pursuant to Section 61.35 and 62.23 of the Wisconsin Statutes and authorized to plan

              land use within the Village of Big Bend.

       61  Wetlands.  An area where water is at, near, or above the land surface long enough to be

              capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet

              conditions.

        62. Wisconsin Administrative Code.  The rules of administrative agencies having rule-making

              authority in Wisconsin, published in a loose-leaf, continual revision system as directed by

              Section 35.93 and Chapter 227 of the Wisconsin Statutes, including subsequent amendments

              to those rules.

        63. Zoning Administrator.  The officer designated by the Village Board to administer this

              Ordinance.

SECTION 14.0300 - GENERAL PROVISIONS
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14.0301 - JURISDICTION.  Jurisdiction of these regulations shall include all lands and waters within the corporate limits of the Village of Big Bend as established in Sections 61.35 and 62.23(2), and 236.10, Wisconsin Statutes. The provisions of this Ordinance as it applies to divisions of tracts of land into less than five (5) parcels shall not apply to:

            A. Transfers of interest in land by will or pursuant to court order.

            B. Leases for a term not to exceed ten (10) years, mortgages or easements.

            C. Sale or Exchange of parcels of land between Owners of adjoining property if additional lots

                 are not thereby created and the lots resulting are not reduced below the minimum sizes

                 required by these regulations, the Zoning Ordinance, or other applicable laws or ordinances.

            D. Cemetery Plats made under Wisconsin Statutes 157.07.

            E.  Assessors' Plats made under Wisconsin Statutes 70.27 but such assessors' plats shall

                 comply with Wisconsin Statutes 236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (e.).

            F.  Remnant parcels larger than 20 acres in size may be excluded from a plat or Certified Survey

                 Map by waiver of Village Plan Commission.
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14.0302 - COMPLIANCE.  No person, firm or corporation shall divide any land located within the jurisdictional limits of these regulations so that such division results in a subdivision, minor land division, or replat as defined herein; no such subdivision, minor land division or replat shall be entitled to recording; and, no street shall be laid out or improvements made to land without compliance with all requirements of this Ordinance and the following documents:

            A. Provisions of Chapter 236, Wisconsin Statutes.

            B. Rules of the Wisconsin Department of Commerce regulating lot size and lot elevation if the

                 land to be subdivided is not served by a public sewer and provisions for such service have not

                 been made.

            C. Rules of the Wisconsin Department of Transportation relating to safety of access and the

                 preservation of the public interest and investment in the highway system if the land owned or

                 controlled by the Subdivider abuts on a state trunk highway or connecting street.

            D. Rules of the Wisconsin Department of Natural Resources setting water quality standards

                 preventing and abating pollution, and regulating development within floodland, wetland, and

                 shoreland areas.

            E. Duly Approved Comprehensive Plan or comprehensive plan components of the Village of Big

                 Bend.

            F. The Village of Big Bend Zoning Ordinance and all other applicable local and county

                 ordinances.
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14.0303 - DEDICATION AND RESERVATION OF LANDS.

            A. Streets, Highways, and Drainageways: Whenever a tract of land to be subdivided within the

                 jurisdiction of this Ordinance encompasses all or any part of an arterial or collector street,

                 drainageway, other public way, or public access to navigable lakes or streams which has

                 been designated in the duly adopted Village of Big Bend Comprehensive Plan or adopted

                 comprehensive plan components or on the official map of the Village of Big Bend, said public

                 way shall be made a part of the plat or Certified Survey Map and dedicated or reserved by the

                 Subdivider in the locations and dimensions indicated on said plan, comprehensive plan

                 component, or map and as set forth in Section 14.0800 of this Ordinance.

            B. Schools, Parks, and Other Open Spaces: Whenever a tract of land to be divided within the

                 Village of Big Bend encompasses all or part of a school site, park site, or other open space,

                 other than streets, highways, drainageways, other public ways or public access to navigable

                 lakes or streams which has been designated on a duly adopted Village of Big Bend

                 Comprehensive Plan or adopted comprehensive plan component of the Village of Big Bend,

                 said school site, park site, or other open space shall be made a part of the plat or Certified

                 Survey Map and dedicated or reserved by the Subdivider in the locations and dimensions

                 indicated on said plan.
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14.0304 - IMPROVEMENTS.  Before installation of any improvements, the subdivider shall enter into a developer's agreement with the Village of Big Bend agreeing to install the required improvements and shall file with said agreement, a letter of credit, cash or certified check meeting the approval of the Village Attorney in an amount equal to 120 percent of the estimated cost of the improvements, plus the estimated Construction Review fees, said estimate to be made by the Village Board upon the recommendation of the Village Engineer, as a guarantee that such improvements will be completed by the Subdivider or his subcontractors not later than one (1) year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied except as modified by the Village Board in a developer's agreement. In addition:

            A.  Contract and contract specifications for the construction of street and utility improvements on

                  dedicated street rights-of-way shall be subject to the review and recommendation of the

                  Village Engineer, and approval of the Village of Big Bend.

             B. Governmental units to which these bonds and contract provisions apply may file, in lieu of said

                  contract and bond, a letter from officers authorized to act on their behalf agreeing to comply

                  with the provisions of this section.

            C.  Survey Monuments shall be installed. Before final approval of any plat or Certified Survey Map

                  within the corporate limits of the Village of Big Bend or its extraterritorial jurisdictional limits,

                  the Subdivider shall place all survey monuments in accordance with the requirements of

                  Chapter 236.15 of the Wisconsin Statutes and as may be required by the Village.

            D.  The Village Board may waive the placing of monuments, required under Section 236.15(b)(c)

                  and (d) for a reasonable time on condition that the Subdivider file with the Village a Letter of

                  Credit, cash or certified check to insure the placing of such monuments within the time

                   required.

            E.  The Subdivider shall pay and reimburse the Village of Big Bend in advance of signing the

                  Subdivider's Agreement all fees, expenses and disbursements which are incurred by the

                  Village of Big Bend and shall pay and reimburse the Village of Big Bend without limitation by

                  reason of enumeration, design, engineering, preparing, checking and review of designs,

                  plans and specifications; supervision, inspection to insure that construction is in compliance

                  with the applicable plans, specifications, regulations and ordinances; legal, administrative

                  and fiscal work undertaken to assure and implement such compliance.
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14.0305 – EXCEPTIONS AND MODIFICATIONS.  Where in the judgment of the Village of Big Bend Village Board, it would be inappropriate to apply literally the provisions of this Ordinance due to exceptional circumstances, the Village of Big Bend Board may waive or modify any requirement to the extent deemed just and proper on a case-by-case basis after receiving and considering a recommendation from the Village of Big Bend Plan Commission.  No exception or modification to the provisions of this Ordinance shall be granted unless the Village of Big Bend Village Board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

            A.  Exceptional Circumstances: There are exceptional, extraordinary, or unusual circumstances

                  or conditions where a literal enforcement of the requirements of this Ordinance would result in

                  a severe burden. (Such circumstances should not apply generally to other properties or be of

                  such a recurrent nature as to suggest that the Land Division Ordinance should be changed).

            B.  Preservation of Property Rights: That such exception or modification is necessary for the

                  preservation and enjoyment of substantial property rights possessed by other properties in

                  the same vicinity.

            C.  Absence of Detriment. That the exception or modification will not create substantial detriment

                  to adjacent property, the desirable general development of the Village and its environs, and

                  will not materially impair or be contrary to the purpose and spirit of this Ordinance, or the

                  adopted Village of Big Bend Master Plan, Comprehensive Plan or adopted plan components,

                  or the public interest.
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14.0306 - LAND SUITABILITY.   No land shall be subdivided as a Plat or Certified Survey Map which is determined to be unsuitable for such a use by the Village of Big Bend Plan Commission and Board, upon the recommendation of the Village staff or any other agency as determined by the Village of Big Bend Plan Commission and Board, for reason of flooding, inadequate drainage, adverse soil or 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 the future residents of the proposed subdivision or of the Village of Big Bend. In addition:

             A. Floodland and Shorelands.  All lots served by a septic tank system shall contain not less than

                  forty thousand (40,000) square feet of land which is above flood protection elevation at least

                  two (2) feet above the elevation of the one hundred (100) year recurrence interval flood, or

                  where such data is not available, five (5) feet above the maximum flood of record. Where such

                  flood stage data are not available, as determined by the Federal Emergency Management

                  Agency or the Southeastern Wisconsin Regional Planning Commission, the regulatory flood

                  elevation shall be determined by a registered professional engineer and the sealed report of

                  the engineer setting forth the regulatory flood stage and the method of its determination shall

                  be approved by the Village Board upon recommendation by the Village Engineer.

            B. Fill Materials (sewage disposal). Lands made, altered, or filled with non-earth materials within

                 the last ten (10) years shall not be divided into building sites which are to be served by soil

                 absorption waste disposal systems.

            C. Fill Materials. (sewage disposal) Lands made, altered, or filled with non-earth materials for

                 more than 10 years but less than 20 years shall not be divided into building sites which are to

                 be served by soil absorption waste disposal systems, except where soil tests prepared by a

                 professional soil scientist clearly show that the soils are suited to such use. Soil reports shall

                 include, but need not be limited to, an evaluation of soil permeability, depth to groundwater,

                 depth to bedrock, soil bearing capacity, and soil compaction. To accomplish this purpose, a

                 minimum of one test per lot shall be made initially additional tests may be required by the

                 Village Plan Commission or Village Board. The Village of Big Bend does not guarantee,

                 warrant, or represent that the required samples represent conditions on an entire property and

                 thereby asserts that there is no liability on the part of the Village Board, its agencies or

                 employees for sanitary problems or structural damages that may occur as a result of reliance

                 upon such tests.

            D. Steep Slopes. Each lot proposed to be served by an on-site soil absorption sewerage

                 disposal system shall have fifty (50) percent of its minimum required lot area, or 10,000

                 square feet, whichever is less, in slopes of less than twelve (12) percent.

            E. Shallow Bedrock. Lands having bedrock within six (6) feet of the natural undisturbed surface

                 shall not be divided into building sites to be served by soil absorption sewage disposal

                 system.

            F. Shallow Groundwater Table. Lands having ground water within six (6) feet of the natural

                 undisturbed surface shall not be divided into building sites to be served by soil absorption

                 sewage disposal systems without approval of the Village Plan Commission and Board.

            G. Soil Tests. Lands being subdivided shall provide soil analysis reports per appropriate agency

                 requirements.

            H. Holding Tanks. Commercial properties shall comply with sewerage holding tank regulations as

                 described in the appropriate section of the Waukesha County Health Department regulations.

                 Residential properties shall be placed on approved septic or mound systems.

            I.  The Village of Big Bend Plan Commission and Board, in applying the provisions of this

                section, shall in writing recite the particular facts upon which it bases its conclusion that the

                land is unsuitable for residential use and afford the Subdivider an opportunity to present

                evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter the Village of Big

                Bend Plan Commission and Board may affirm, modify, or withdraw its determination of

                unsuitability.
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14.0307 – EXTRATERRITORIAL LAND DIVISIONS

            A. Extraterritorial Land Division Policies.  The following policies shall govern the Village Plan

                 Commission and Board in approving division of land within the extraterritorial plat approval

                 jurisdiction of the Village of Big Bend in order to promote the intent of this Chapter as

                 described in Section 14.0104.

                 1. No subdivision or minor land division as defined in Section 14.0200 will be permitted within

                     the extraterritorial plat approval jurisdiction of the Village of Big Bend without approval of the

                     Village Board.

                 2. Land divisions may be made pursuant to the minor land division procedures for farm-

                     related dwellings and for rural residential dwellings, not exceeding an overall density of one

                     (1) dwelling unit for thirty-five (35) acres, exclusive of the farmstead. Whether land divisions

                     may be made pursuant to the minor land division procedures for commercial use will be

                     handled on a case-by-case basis pursuant to Section 14.0305 of this Chapter. The

                     standards used to review these land divisions will be the same as the standards contained

                     in Section 14.0406 of this Code. All other land divisions must be made by plat, pursuant to

                     Sections 14.0401 to 14.0405 of this Code. The only exception to this policy is that lots

                     resulting in the infill of existing subdivisions may be permitted by minor land division, on a

                     case-by-case basis pursuant to Section 14.0305 of this Chapter.

                 3. The minimum lot size in the extraterritorial plat approval jurisdiction shall be one (1) acre. A

                     smaller lot size may be allowed if approved by the Village Board pursuant to Section

                     14.0305 of this Chapter.

                 4. The Village of Big Bend will attempt to seek consistency with locally adopted Village Master

                      Plan and plan components thereof. To the extent that the policies of the Village of Big Bend

                      are more restrictive, the Village's policies shall prevail only as to land division quality of

                      development issues, and not as to land use issues or public improvement requirements. All

                      minor land divisions within the extraterritorial area will be subject to the land reservation or

                      dedication requirements of this Chapter. This specifically means the following: Any

                      waterway or storm water management area identified on the Village Master Plan or Official

                      Map shall be dedicated in conformance with requirements of this Chapter.

                 5. Lands falling within the extraterritorial plat approval jurisdiction shall be required to meet all

                     of the design standards contained in Section 14.0800 of this Chapter.

                 6. All land divisions within the extraterritorial plat approval jurisdiction shall pay the required

                      review fees contained in Section 14.1200 of this Chapter.

            B.  Extraterritorial Land Division Procedures.

                  1. Pre-Application Procedure: Before filing an application for approval of a certified survey or

                       plat, the subdivider may consult with the Village staff and may prepare a preliminary sketch

                       for review and approval. This procedure is intended to assist the subdivider in appraising

                       the objectives of these regulations, the Master Plan, the Official Map and other pertinent

                       Village ordinances. The pre-application information may be submitted to the Plan

                       Commission for review and approval.

                  2.  Application: No person, firm or corporation shall divide any land located within the

                       extraterritorial plat approval jurisdiction of the Village of Big Bend, without first filing a cover

                       letter and a certified survey map or plat for approval by the Plan Commission.

                   3. Timeframe: Failure of the applicant to file all required information within ninety (90) days of

                        the filing of the preliminary plat shall result in disapproval of the preliminary plat.

            C. Extraterritorial Land Division Requirements.  Submittal requirements for land divisions within

                 the extraterritorial plat approval jurisdiction of the Village shall be identical to those required

                 for land divisions within the Village limits.
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14.0308 – VIOLATIONS

            A. It shall be unlawful to build upon, divide, convey, record or place monuments on any land in

                 violation of this Ordinance or the Wisconsin Statutes; and no person, firm, or corporation shall

                 be issued a Village of Big Bend Zoning or Building Permit authorizing the building on, or

                 improvement of, any lot, block, parcel, Certified Survey Map or any part of any subdivision or

                 replat within the jurisdiction of this Ordinance not of record as of the effective date of this

                 Ordinance until the provisions and requirements of this Ordinance have been fully met. The

                 Village of Big Bend may institute appropriate action or proceedings to enjoin violations of this

                 Ordinance or the applicable Wisconsin Statutes. (B) Every structure, fill, or development

                 placed or maintained on floodlands in violation of this Ordinance is hereby declared a public

                 nuisance and the creation thereof may be enjoined and maintenance thereof may be abated

                 by action at suit of the State, the Village of Big Bend or any citizen thereof.
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14.0309 - DRAINAGE TO BE MAINTAINED.  It shall be unlawful to obstruct or divert the flow of surface water so as to prevent surface water from reaching a storm sewer or drainage channel without interim ponding, except as provided in an approved storm water and drainage plan.
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14.0310 - ADMINISTRATION. This Ordinance shall be administered by the Village of Big Bend Clerk or designee. The Village of Big Bend Clerk or designee, in the administration of this Ordinance, shall:

            A. Receive plats and Certified Survey Maps from the Subdivider. The Village of Big Bend Clerk

                 or designee shall distribute copies of plats and Certified Survey Maps as provided for in this

                 Ordinance and shall receive review comments from review agencies, boards, and committees

                 required to comment on such land division.

           B.  Advise the Subdivider of all recommendations made by the Village of Big Bend Plan

                 Commission and actions taken by the Village Board.

           C.  Maintain records of plat and Certified Survey Map filings, approvals, fees paid, and other

                 sureties.

           D. Determine that all land divisions within the jurisdiction of this Ordinance requiring review by this

                Ordinance have secured the necessary review and approvals.

           E. Assist the Village Attorney in the prosecution of Ordinance violations.
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14.0311 - PENALTIES AND REMEDIES.  Any person, firm or corporation who violates or fails to comply with the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than One Hundred Dollars ($100) nor more than One Thousand Dollars ($1,000) plus the costs of prosecution for each offense and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the County Jail until payment thereof, but not exceeding six (6) months. Provided however, that the maximum forfeiture where a violation of any provision of this Ordinance which is also a violation of a State Statute, shall not exceed the maximum fine imposed by the statute. In addition, the Village of Big Bend may seek injunctive relief or other appropriate remedial action and in addition to the forfeiture, may order an assessor's plat to be made under Section 70.27 Statutes at the expense of the Subdivider or his agent, when a subdivision is created by successive divisions of land. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include:

           A.  Recording improperly made carries penalties as provided in Section 236.30 of the Wisconsin

                 Statutes.

            B. Conveyance of lots in unrecorded plats carries penalties as provided for in Section 236.31 of

                 the Wisconsin Statutes.

           C. Monuments disturbed or not placed carries penalties as provided for in Section 236.32 of the

                Wisconsin Statutes.
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14.0312 - APPEALS.  Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such decision, as provided in Section 236.13(5) of the Wisconsin Statutes, within thirty (30) days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.

SECTION 14.0400 - LAND DIVISION PROCEDURES
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14.0401 - PRE-APPLICATION

            A. Prior to the filing of an application for the approval of a Preliminary Plat, or Certified Survey

                 Map, the Subdivider shall consult with the Village of Big Bend Clerk and all affected utilities in

                 order to obtain advice and assistance. This consultation is intended to inform the Subdivider

                 of the purpose and objectives of these regulations, the adopted regional, county or Village of

                 Big Bend comprehensive plans or adopted plan components, and duly adopted plan

                 implementation ordinances of the Village of Big Bend and to otherwise assist the Subdivider

                 in planning his development. In so doing, both the Subdivider and planning agency may reach

                 mutual conclusions regarding the general program and objectives of the proposed

                 development and its possible effects on the neighborhood and Village of Big Bend and the

                 Subdivider will gain a better understanding of the subsequent required procedures.

           B. Prior to formal submittal of a Preliminary Plat as outlined below, the Subdivider shall submit a

                preliminary sketch or concept plan for review by the Plan Commission. The purpose of such a

                sketch is to gain tentative approval from the Plan Commission prior to expending time and

                resources on a Preliminary Plat. This review and/or tentative or conceptual approval by the

                Plan Commission is not binding on either the Village of Big Bend or the Subdivider.

           C. Subdivider must submit 18 copies reduced to size 11" x 17" to the Village Clerk at least thirty

                (30) days before the meeting at which action is desired.
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14.0402 - PRELIMINARY PLAT REVIEW.  Before submitting a Final Plat for approval, the Subdivider shall prepare a Preliminary Plat which shall be clearly marked "Preliminary Plat" and a letter of application. The Preliminary Plat shall be prepared in accordance with this Ordinance, and the Subdivider shall file twenty-seven (27) folded copies of the Plat, 12 copies shall be a reduced size of 11" x 17" or as approved by the Village Board with the Village Clerk or designee at least thirty (30) days prior to the meeting of the Village of Big Bend Plan Commission at which action is desired. The statutory time limit(s) shall commence with the filing date stamp of the Village. In addition:

           A. The Village Clerk or designee shall, within two (2) normal workdays after filing, transmit

                required copies to appropriate regulatory approving and objecting agencies.

           B. The Village Clerk or designee shall transmit seven (7) copies to the Village Plan Commission,

                and one (1) copy each to the following: Village Planner, Village Engineer, Public Works

                Department, and Fire Department, for their review and recommendations concerning matters

                within their jurisdiction. The recommendations, if any, of Village boards, commissions, and

               departments shall be transmitted to the Village Plan Commission. The Preliminary Plat shall

               then be reviewed by the Village Plan Commission for conformance with this Ordinance and all

               ordinances, rules, regulations, comprehensive plans and comprehensive plan components.

           C. The Village Clerk or designee shall transmit two copies to the Gas Company, and one copy

                each to the Electric Company, Telephone Company, the Cable Television franchise, and the

                School District for their review and information concerning matters within their jurisdiction.

                Their comments, if any, shall be transmitted to the Village Plan Commission within 30 days

                 from the date the Plat is filed.

           D. The Village Plan Commission is designated as the recommending agency with respect to

                design and layout of the Preliminary Plat pursuant to the provisions of Section 14.0800 and

                Section 14.0900.

           E. The Wisconsin Departments assigned for plat review authority, the Wisconsin Department of

                Transportation (WDOT), the Wisconsin Department of Natural Resources (DNR), and the

                Waukesha County Department of Transportation, shall be hereinafter referred to as objecting

                agencies.
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14.0403 - PRELIMINARY PLAT APPROVAL. The objecting agencies shall, within twenty (20) days of the date of receiving their copies of the Preliminary Plat, notify the Subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the Plat and shall return that copy to the Village of Big Bend Plan Commission. If an objecting agency fails to act within twenty (20) days, it shall be deemed to have no objection to the Plat.

           A. The Village of Big Bend Plan Commission shall, within 45 days of the date of filing of a

                Preliminary Plat with the Village Clerk or designee, examine the Preliminary Plat as to its

                conformance with this Ordinance; consider review comments from objecting agencies, Village

                of Big Bend staff, and other agencies required to review and comment on the Preliminary Plat;

                and shall recommend approval, approval with conditions, or rejection of the Preliminary Plat to

                the Village Board.

           B. The Village Board shall , within ninety (90) days of the date of filing a Preliminary Plat with the

                Village Clerk or designee, shall approve, approve conditionally, or reject such Plat. If the

                Preliminary Plat is approved conditionally or rejected, the Village of Big Bend shall state, in

                writing, any conditions of approval or the reasons for rejection. One copy each of the Plat and

                letter shall be placed in the Village of Big Bend Plan Commission permanent files.

           C. Failure of the Village Board to act within ninety (90) days of the date of filing or within the times

                as extended by agreement with the Subdivider, shall constitute an approval.

          D. Approval or conditional approval of a Preliminary Plat shall not constitute automatic approval of

               the Final Plat, except that if the Final Plat is submitted within six (6) months of Preliminary Plat

               approval and conforms substantially to the Preliminary Plat layout as provided under Section

               236.11(1)(b) of the Wisconsin Statutes, the Final Plat shall be entitled to approval with respect

               to such layout unless changes are mandated by construction and/or storm water management

               plans as approved by the Village Board. If the Final Plat is not submitted within 6 months of the

               last required approval of the Preliminary Plat, any approving authority may refuse to approve

               the Final Plat. In addition, the approval or conditional approval of a Preliminary Plat shall

               become null and void if the Final Plat is not submitted within one (1) year of the last required

               approval of the Preliminary Plat. An approved Preliminary Plat shall be deemed an expression

               of approval or conditional approval of the layout submitted, and used as a guide in the

               preparation of the Final Plat which will be subject to further consideration by the Village of Big

               Bend Plan Commission and Village Board at the time of its submission.

          E. If after the approval or conditional approval of the Preliminary Plat by the Plan Commission and

               the Village Board, the Subdivider creates a substantial change to the subdivision layout, the

               Village of Big Bend shall require the re-submittal of a Preliminary Plat in conformance with

               Section 14.0402 of this Ordinance. A substantial change to the subdivision layout will have

               presumed to occur if the external boundaries of the subdivision plat are changed in any manner,

               or there is an increase in the number of lots by more than 5 percent, or there is a change in

               street configuration, or if a permitting agency denies a permit on which the plat depends. If the

               change is made at the request of the Village of Big Bend a substantial change shall not be

               presumed to occur and the Subdivider may proceed with submittal of a Final Plat.
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14.0404 - FINAL PLAT REVIEW.  The Subdivider shall prepare a Final Plat and a letter of application in accordance with this Ordinance and shall file thirty-two (32) folded copies of the Plat (12 copies shall be 11" x 17" or as directed by the Village Board) with the Village Clerk or designee at least thirty (30) days prior to the meeting of the Village of Big Bend Plan Commission at which action is desired. The statutory time limit(s) shall commence with the filing date stamp by the Village. In addition:

            A. The Village Clerk or designee, shall, within two (2) normal workdays after filing, transmit the

                 required copies to appropriate regulatory approving and objecting agencies.

            B. The Village Clerk or designee shall transmit seven (7) copies to the Village Plan Commission,

                 and one (1) copy each to the following: Village Planner, Village Trustee not on Plan

                 Commission, Village Engineer, Public Works Department, and Fire Department, for their

                 review and recommendations concerning matters within their jurisdiction. The

                 recommendations, if any, of Village boards, commissions, and departments shall be

                 transmitted to the Village Plan Commission. The Final Plat shall then be reviewed by the

                 Village Plan Commission and Board for conformance with this Ordinance and all ordinances,

                 rules, regulations, comprehensive plans and comprehensive plan components.

            C. The Village Clerk or designee shall transmit two copies to the Gas Company, and one copy

                 each to the Electric Company, Telephone Company, the Cable Television franchise, and the

                 School District for their review and information concerning matters within their jurisdiction.

                 Their comments, if any, shall be transmitted to the Village Plan Commission within 20 days

                 from the date the Plat is filed.

           D. The Village of Big Bend Plan Commission is designated as the recommending agency with

                respect to design and layout of the Final Plat pursuant to the provisions of Section 14.0800

                and the Village Board is designated as the approving authority with respect to all sections of

                this Ordinance.

            E The Wisconsin Departments assigned for plat review authority, the Wisconsin Department of

                Transportation (WDOT), the Wisconsin Department of Natural Resources (DNR), and the

                Waukesha County Department of Transportation, shall be hereinafter referred to as objecting

               agencies.

           F. The Village of Big Bend Plan Commission shall examine the Final Plat as to its conformance

                with the approved Preliminary Plat; any conditions of approval of the Preliminary Plat; this

                Ordinance and all Ordinances, rules, regulations, adopted regional, county or Village of Big

                Bend comprehensive plans and adopted components which may affect it and shall

                recommend approval, conditional approval or rejection of the Plat to the Village Board.

           G. Partial Platting. The approved Preliminary Plat may be Final Platted in phases with each

                phase encompassing only that portion of the approved Preliminary Plat which the Subdivider

                proposes to record at one time, however, it is required that each such phase be Final Platted

                and be designated as a phase of the approved Preliminary Plat.

           H. Upon approval or conditional approval of the Final Plat from the Plan Commission and the

                Village Board, the Subdivider may proceed with installation of subdivision improvements after

                review and recommendation of approval of the engineering plans by the Village Engineer and

                approval of the Village of Big Bend Village Board and approval of all other applicable

                agencies and submittal to the Village of Big Bend of copies of all permits and letters of

                approval. The Subdivider shall, as per Section 14.0304 of this ordinance, enter into a

                developer's agreement with the Village of Big Bend agreeing to install the required

                improvements and shall file with said agreement, a letter of credit, cash or certified check

                meeting the approval of the Village Attorney in an amount equal to 120 percent of the

                estimated cost of the improvements, plus the estimated Construction Review fees, said

                estimate to be made by the Village of Big Bend Village Board upon the recommendation of

                the Village Engineer, as a guarantee that such improvements will be completed by the

                Subdivider or his subcontractors not later than one (1) year from the date of recording of the

                plat or as approved by the Village Board and as a further guarantee that all obligations to

                subcontractors for work on the development are satisfied. If after the approval or conditional

                approval of the Final Plat by either the Plan Commission or the Village Board, the Subdivider

                creates a substantial change to the subdivision layout, the Village of Big Bend shall require the

                re-submittal of a Preliminary Plat in conformance with Section 14.0402 of this Ordinance. A

                substantial change to the subdivision layout will have presumed to occur if the external

                boundaries of the subdivision plat are changed in any manner, or there is an increase in the

                number of lots by more than 5 percent, or there is a change in street configuration, or if a

                permitting agency denies a permit on which the plat depends. If the change is made at the

                request of the Village of Big Bend a substantial change shall not be presumed to occur. The

                objecting agencies shall, within twenty (20) days of the date of receiving their copies of the

                Final Plat, notify the Subdivider and all other approving and objecting agencies of any

                objections. If there are no objections, they shall so certify on the face of the copy of the Plat and

                shall return that copy to the Village of Big Bend Plan Commission. If an objecting agency fails

                to act within twenty (20) days, it shall be deemed to have no objection to the plat.
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14.0405 - FINAL PLAT APPROVAL. 

            A. Submission. If the Final Plat is not submitted within six (6) months of the last required approval

                 of the Preliminary Plat, the Village Board may refuse to approve the Final Plat.

           B. The Village of Big Bend Plan Commission shall, within forty-five (45) days of the date of filing of

                the Final Plat with the Village Clerk or designee, recommend approval, conditional approval or

                rejection of the Plat and shall transmit the Final Plat and application along with its

                recommendations to the Village Board.

           C. The Village Board may refuse to approve the Final Plat if the required improvements are not

                 installed or the Construction Plans, Developer's Agreement, and Financial Guarantees are not

                 submitted to and recommended for approval to the Village Board.

           D. The Village Board shall, within sixty (60) days of the date of filing the original Final Plat with the

                Clerk or designee, approve or reject such Plat unless the time is extended by agreement with

                the Subdivider. All corrections as required by the objecting and approving agencies shall be

                made to the Final Plat, Construction Plans, Financial Guarantees, and Subdivider's Agreement

                prior to placement on the Village Board agenda. 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 and surveyor. The Village Board may not inscribe its approval on the Final Plat

                unless the Village Clerk certifies on the face of the Plat that the copies were forwarded to the

                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.

            E. Failure of the Village Board to act within sixty (60) days, the time having not been extended

                 and no unsatisfied objections having been filed, and all fees payable by the Subdivider having

                 been paid, the plat shall be deemed approved.

            F. Recording. After the Final Plat has been approved by the Village Board, and a Subdivider's

                Agreement and sureties insuring their installation is filed, the Village Clerk shall cause the

                certificate inscribed upon the Plat attesting to such approval to be duly executed. The Village

                Clerk shall record the Plat with the Waukesha County Register of Deeds after receipt of all

                fees from the subdivider. The Clerk or designee shall verify the original Final Plat meets all

                approval requirements and shall cause the original to be reproduced for recording as per State

                Statues. The Village of Big Bend shall not permit the applicant, Title company, or any other

                entity to record the Final Plat. The Register of Deeds shall not record the Plat unless it is

                offered within (30) days from the date of the last approval or twenty-four (24) months of first

                approval per ss236.25(2)(b)

           G. Copies. Prior to the recording of the Final Plat, the Subdivider shall reimburse to Village for all

                reproduction costs including a reproducible mylar and five (5) folded copies of the Final Plat.

                The Village Clerk or designee will distribute to the Village Assessor, Village of Big Bend

                Planner, Fire Department, and other affected departments and agencies for their files.
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14.0406 - MINOR LAND DIVISION REVIEW AND APPROVAL.  (CERTIFIED SURVEY MAP)
Any division of land not defined as a "subdivision" is a minor land division. Exception: When the parcel(s) to be created by a land division is/are 20 acres or more in area and is/are not intended for development, the Plan Commission may waive the requirement of a Certified Survey Map.

            A. A pre-application conference similar to the consultation suggested in Section 14.0401 of this

                Ordinance is recommended prior to submitting the sketch or preliminary map for approval.

                Prior to submitting a Certified Survey Map or plat of survey for approval, the Subdivider may

                submit a preliminary map or sketch to the Village of Big Bend Plan Commission for approval,

                which shall be sufficient in detail to determine whether the final Certified Survey Map will meet

                the requirements of this Ordinance and all Ordinances, rules, regulations, adopted regional,

                county and Village of Big Bend comprehensive plans, or adopted plan components which

                affect it. At a minimum, 12 copies of the sketch shall be submitted using Village of Big Bend

                Cadastral Map as the base map.

           B. The Village Clerk or designee shall transmit seven (7) copies of any certified survey map and

                letter of application to the Village of Big Bend Plan Commission. (C) The Village of Big Bend

                Clerk shall also transmit a copy of the map to all approving or objecting agencies, affected

                Village departments, the Village Planner and the Village Engineer for their review and

                recommendations concerning matters within their jurisdiction. The recommendation shall be

                transmitted to the Village of Big Bend Plan Commission within thirty (45) days from the date

                the map is transmitted by the Village Clerk.

           D. Upon approval of the Certified Survey Map from the Plan Commission and Village Board, the

                Subdivider may proceed with installation of subdivision improvements after approval of the

                engineering plans by the Village Board and approval of all other applicable agencies and

                submittal to the Village of Big Bend of copies of all permits and letters of approval. The

                Subdivider shall, as per Section 14.0304, enter into a developer's agreement with the Village

                of Big Bend agreeing to install the required improvements and shall file with said agreement, a

                letter of credit, cash or certified check meeting the approval of the Village Attorney in an

                amount equal to 120 percent of the estimated cost of the improvements, plus the estimated

                Construction Review fees, said estimate to be made by the Village Board upon the

                recommendation of the Village Engineer, as a guarantee that such improvements will be

                completed by the Subdivider or his subcontractors not later than one (1) year from the date of

                recording of the certified survey map or as approved by the Village Board and as a further

                guarantee that all obligations to subcontractors for work on the development are satisfied.

   
           E. The Village of Big Bend Plan Commission shall recommend approval, conditional approval or

                rejection of the Certified Survey Map within 45 days from the date of filing of the map, unless

                time is extended by agreement with the Subdivider, and shall transmit the Certified Survey

                Map and application along with its recommendations to the Village Board.

          F. The Village Board shall approve, approve conditionally or reject the map within (60) days from

               the date of filing of the map, unless time is extended by agreement with the Subdivider. All       

               corrections, as required by the objecting and approving agencies, shall be made to the

               Certified Survey Map prior to placement on the Village Board agenda. If the map is rejected,

               the reasons shall be stated and a written statement forwarded to the Subdivider and surveyor.

         G. The Village Board may refuse to approve the Certified Survey Map if the construction plans,

              developer's agreement and financial guarantees are not submitted to and recommended for

              approval by the Village Engineer to the Board.

         H. Recording. After the Certified Survey Map, Construction Plans, Developer's Agreement and

              financial guarantees have been approved by the Village Board, the Village Clerk shall cause the

              certificate to be inscribed upon the Map attesting to such approval and the Village Clerk or

              designee shall record the Map with the Waukesha County Register of Deeds at the Subdivider's

              expense. The Village of Big Bend shall not permit the applicant, Title company, or any other

              entity to record the Certified Survey. The Register of Deeds shall not record the Map unless it is

              offered within 30 days from the date of the last approval.
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14.0407 - REPLAT.  When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the Subdivider or person wishing to replat shall vacate or alter the recorded Plat as provided in Section 236.40 through 236.44 of the Wisconsin Statutes. The Subdivider, or person wishing to replat, shall then proceed as specified in Sections 14.0401 through 14.0405 of this Ordinance. The Village Clerk shall schedule a meeting before the Village of Big Bend Plan Commission when a Preliminary Plat of a replat of lands within the Village of Big Bend is filed, and shall cause notices of the proposed replat meeting to be mailed to the Owners of all properties within the limits of the exterior boundaries of the proposed Replat. The Village of Big Bend shall not permit the applicant, Title company, or any other entity to record the Final Plat.
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14.0408 - CONDOMINIUM PLATS.  A condominium plat prepared pursuant to Section 703.11, Wisconsin Statutes shall be reviewed in the same manner as a subdivision plat as set forth in Section 14.0401 of this Ordinance.
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14.0500 - PRELIMINARY PLAT SUBMITTAL REQUIREMENTS SECTION

14.0501 - GENERAL. A Preliminary Plat shall be required for all subdivisions and shall be based upon a survey by a Registered Land Surveyor (RLS) and the plat prepared on reproducible drafting film, or paper of good quality at a preferred sheet size of 22 inches by 30 inches and a map scale of not more than 100 feet to the inch, unless a different scale is approved by the Village Board, and shall show correctly on its face the following information:

            A. Title or name under which the proposed subdivision is to be recorded. Such title shall not be

                 the same or similar to a previously approved and recorded plat, unless it is an addition to a

                 previously recorded plat and is so stated on the plat.

            B. Property location of the proposed subdivision by: government lot, quarter section, section,

                Town, range, county and state.

           C. General location sketch showing the location of the subdivision within the U.S. Public Lands

                Survey section.

           D. Date, graphic scale and north arrow .

           E. Names, addresses and daytime phone numbers of the Owner, Subdivider and Land Surveyor

                preparing the plat.

           F. Entire area contiguous to the proposed plat owned or controlled by the Subdivider shall be

                included on the Preliminary Plat even though only a portion of said area is proposed for

                immediate development. The Village of Big Bend Plan Commission may waive this

                requirement where it is unnecessary to fulfill the purposes and intent of this Ordinance and

                severe hardship would result from strict application thereof.
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14.0502 - PLAT DATA.  All Preliminary Plats shall show the following:

            A. Exact 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.

            B. Locations of all existing property boundary lines, structures and the first floor elevations

                 thereof, drives, visible and known wells, streams and watercourses, all wetlands, rock

                 outcrops, wooded areas, railroad tracks and other similar significant natural and man-made

                 features within the tract being subdivided or immediately adjacent thereto, within a distance of

                 200 feet.

            C. Location, right-of-way width and names of all existing streets, alleys or other public ways,

                 easements, railroad and utility rights-of-way and all section and quarter section lines within the

                 exterior boundaries of the plat or immediately adjacent thereto, within a distance of 200 feet.

            D. Location and names of any adjacent subdivisions, parks and cemeteries, and Owners of

                 record of abutting unplatted lands.

            E. As required by the Village, 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, based on the National Geodetic Vertical Datum of 1929.

            F. Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain

                 pipes, the location of manholes, catch basins, hydrants, electric and communication facilities,

                whether overhead or underground, and the location and size of any existing water and gas

                mains within the exterior boundaries of the plat or immediately adjacent thereto, based on the

                National Geodetic Vertical Datum of 1929. 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 direction and distance from the tract,

                size, and invert elevations.

           G. Corporate Limits Lines.

           H. Existing zoning on and adjacent to the proposed subdivision.

             I. Existing contours to National Map Accuracy Standards at vertical intervals of not more than two

                (2) feet. Elevations shall be marked on such contours based on the National Geodetic Vertical

                Datum of 1929. At least two (2) permanent bench marks shall be located in the immediate

                vicinity of the plat; the location of the bench marks shall be indicated on the plat, together with

                their elevations referenced to the National Geodetic Vertical Datum of 1929, and the

                monumention of the bench marks clearly and completely described.

            J. High-water elevation of all ponds, streams, lakes, flowages, and wetlands, within the exterior

                boundaries of the plat or located within one hundred (100) feet there from referenced to the

                National Geodetic Vertical Datum of 1929 .

           K. Water elevations of all streams, ponds, lakes, flowages, and wetlands within the exterior

                boundaries of the plat and located within one hundred (100) feet there from at the date of the

                survey, referenced to the National Geodetic Vertical Datum of 1929 .

           L. Floodplain limits of the 100-year recurrence interval flood as determined by the Federal

               Emergency Management Agency, or the Southeastern Wisconsin Regional Planning

               Commission, or other technical document, or where such data is not available, the elevation

               shall be determined by a Registered Professional Engineer and the sealed documents shall be

               subject to the review and recommendation of approval of the Village Engineer and approval of

               the Village. The contour line lying a vertical distance of two (2) feet above the elevation of the

               one hundred (100) year recurrence interval flood, or where such data is not available, the

               elevation shall be determined by a Registered Professional Engineer and the sealed

               documents shall be subject to the review and recommendation of approval of the Village

               Engineer and approval of the Village, within the exterior boundaries of the plat or located within

               one hundred (100) feet there from.

          M. Location and Results of soil boring tests within the exterior boundaries of the plat made to a

               depth of six (6) feet, unless bedrock is at a lesser depth. The number of such tests shall be

               adequate to portray the character of the soil and the depth of bedrock and groundwater from

               the natural undisturbed surface. To accomplish this purpose, a minimum of one (1) test per

               three (3) acres shall be made initially. The Village Plan Commission may require that additional

               tests be provided. The results of such tests shall be submitted along with the Preliminary Plat.

   
          N. Location of soil boring tests where required by Section COMM 85.06 (on site septic systems)

               of the Wisconsin Administrative Code, taken at the location and depth in which the soil

               absorption waste disposal systems are to be installed. The number of such tests initially made

               shall not be less than one (1) test per three (3) acres or one (1) test per lot, whichever is

               greater. The results of such tests shall be submitted along with the Final Plat.

          O. Location, width and names of all proposed streets and public rights-of-way such as alleys and

               easements.

          P. Approximate dimensions of all lots together with proposed lot and block numbers.

          Q. Location and approximate dimensions of any sites to be reserved or dedicated for schools,

               parks, environmental corridors, drainageways, or other public use or open space, or which are

               to be used for group housing, shopping centers, church sites, or other private uses not requiring

               lotting.

          R. Approximate radii of all curves.

          S. Any proposed riparian lake and stream access with a small drawing clearly indicating the

               location of the proposed subdivision in relation to the access.

          T. Any proposed lake and stream improvement or relocation, and notice of application for

              approval by the Department of Natural Resources, when applicable.

 
          U. Any additional information required by the Village Board, Village Engineer, or Plan

               Commission including the location of the area on the lot where a structure may be built to afford

               solar access to the rooftop and south wall.

          V. Approximate location of all wetlands based on aerial photographs provided by Southeastern

              Wisconsin Regional Planning Commission or field survey of delineation of wetlands by an

              approved agency.

         W. Lake and stream meander lines existing or proposed to be established.
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14.0503 - STREET PLANS AND PROFILES.  The Village of Big Bend Plan Commission and Board, upon the recommendation of the Village Engineer shall require that the Subdivider 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. All elevations shall be based upon mean sea level (1929) datum, and plans and profiles shall be subject to the review and recommendation of approval of the Village Engineer and approval of the Village Board.
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14.0504 - TESTING.  The Village of Big Bend Plan Commission and Board, upon the recommendation of the Village Engineer, may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to ground water table. The Village of Big Bend does not guarantee, warrant, or represent that only those soils tested and shown to be unsuited for specific uses are the only unsuited soils within the Village of Big Bend and thereby asserts that there is no liability on the part of the Village Board, its agencies, or employees for sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this Ordinance. Where the subdivision will not be served by public sanitary sewer service, the provisions of Chapter COMM 85 of the Wisconsin Administrative Code shall be complied with; and the appropriate data submitted with the Preliminary Plat.
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14.0505 –EROSION CONTROL.  The Village Board shall require the Subdivider to file with the Village Clerk a copy of the Erosion Control Plan, recommended for approval by the Village Engineer to the Village Board for final approval prior to approval of construction plans and the commencement of any land disturbance.
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14.0506 – DEED RESTRICTIONS.  The Village of Big Bend Plan Commission shall require submission of a draft of deed restrictions proposed, whereby the Subdivider intends to regulate land use, building sites to protect solar access by the use of offsets, setback and height restrictions, which are more restrictive than the regulations of the Zoning District where located in the proposed subdivision and otherwise protect the proposed development. The deed restrictions may be subject to the review and the approval of the Village Attorney as to legality and form. The Village of Big Bend shall not be responsible for enforcing private deed restrictions.
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14.0507 - EASEMENTS.  Easements shall be shown on the Preliminary Plat and shall be limited to utility easements, drainage easements, conservation easements, access easements, scenic easements, mineral easements, or air rights easements. Easements shall not be used for the conveyance of street rights-of-way, pedestrian rights-of-way, park or school lands, or other public lands requiring dedication. Drainage easements shall be owned and maintained by the individual lot owners. If an Outlot, then the Outlot will be owned and maintained by all lot owners or as approved by the Village Board.
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14.0508 - 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 Ordinance.
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SECTION 14.0600 - FINAL PLAT SUBMITTAL REQUIREMENTS

14.0601 - GENERAL.  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 Section 236.20 of the Wisconsin Statutes.
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14.0602 - ADDITIONAL INFORMATION.  The Plat shall show correctly on its face, in addition to the information required by Section 236.20 of the Wisconsin Statutes, the following:

            A. Exact Length and Bearing of the centerline of all streets.

            B. Exact street width along the line of any obliquely intersecting street.

            C. Railroad rights-of-way within and abutting the plat.

            D. Setbacks or building lines required by the Village of Big Bend Plan Commission or Board in

                 accordance with the guidelines set forth in Section 14.0807 of this Ordinance.

            E. Easements shall be shown on the Final Plat and shall be limited to utility easements, drainage

                 easements, conservation easements, access easements, scenic easements, mineral

                 easements, or air rights easements. Easements shall not be used for the conveyance of street

                 rights-of-way, pedestrian rights-of-way, park or school lands, or other public lands requiring

                 dedication.

            F. All lands reserved for future public acquisition 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. A note shall

                be placed on the face of the Plat noting ownership and maintenance of all common use areas

                and that deed restriction(s) will be on file with the Waukesha County Register of Deeds.

          G. A note on the face of the plat noting ownership and maintenance obligations of all drainage

               swales, easements, retention and detention ponds or other facilities shall be required.

          H. Special restrictions required by the Village of Big Bend Plan Commission and Board and any

               other approving or objecting agency relating to access control along public ways, the provision

               of planting strips, solar access restrictions, to preservation of wetlands, to more restrictive yard

               requirements, or to special restrictions for environmentally significant lands.

            I. Location, area, depth, and type of the soil absorption waste disposal system for each building

               site, if applicable.

          J. Floodplain limits of the 100-year recurrence interval flood as determined by the Federal Flood

              Insurance Study or other technical document, or where such data is not available, the elevation

              shall be determined by a Registered Professional Engineer and the sealed documents shall be

              subject to the review and recommendation of approval of the Village Engineer and approval of

              the Village of Big Bend. The contour line lying a vertical distance of two (2) feet above the

              elevation of the one hundred (100) year recurrence interval flood, or where such data is not

              available, the elevation shall be determined by a Registered Professional Engineer and the

              sealed documents shall be subject to the review and recommendation of approval of the Village

              Engineer and approval of the Village of Big Bend within the exterior boundaries of the plat or

              located within one hundred (100) feet there from.

         K. Where the Village Board, Village Planner or Village Engineer finds that it requires additional

              information relative to a particular problem presented by a proposed development to review the

              Final Plat, it shall have the authority to request in writing such information from the Subdivider.

         L. Delineation of all wetlands and shoreland/wetlands based on a field staking by the U.S. Army

             Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeastern

             Wisconsin Regional Planning Commission, or other agency or firm certified to make such

             delineation by the Federal Government or the Wisconsin Department of Natural Resources.

         M. Location of Soil Boring Tests. The number of such tests shall be adequate to portray the

              character of the soil and the depths of bedrock and groundwater from the natural undisturbed

              surface. To accomplish this purpose, a minimum of one (1) test per three (3) acres shall be

              made initially. The results of such tests shall be submitted.

         N. Location of Soil Boring Tests where required by Section COMM 85.06 or COMM 83.09 of the

              Wisconsin Administrative Code, taken at the location and depth in which soil absorption waste

              disposal systems are to be installed. The number of such tests initially made shall not be less

              than one (1) test per three (3) acres or one (1) test per lot, whichever is greater. The results of

              such tests shall be submitted.
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14.0603 - SURVEY ACCURACY.  The Village Engineer shall examine all Final Plats within the Village of Big Bend and may recommend that the Village Board make, or cause to be made by a Registered Land Surveyor under the direction of the Village Engineer, such field checks as the Village may deem necessary or desirable for the accuracy and closure of survey, the proper kind and location of monuments and legibility and completeness of the drawing.

            A. The maximum error of closure before adjustment of the survey of the exterior boundaries of the

                 subdivision shall not exceed that which is permitted by state statute.

            B. All street, block and lot dimensions shall be computed as closed geometric figures based

                upon the control provided by the closed exterior boundary survey.

           C. Where the plat is located within a U. S. Public Land Survey quarter-section, the corners of

                which have been relocated, monumented and coordinated by the Village of Big Bend, or the

                Southeastern Wisconsin Regional Planning Commission, the tie required by Section

                236.20(3) (b) of the Wisconsin Statutes shall be expressed in terms of grid bearing and

                distance; and the material and Wisconsin State Plane Coordinates of the monument marking

                the relocated section or quarter corner to which the plat is tied shall be indicated on the Plat.

                The grid bearing and distance of the tie shall be determined by a closed survey meeting the

                error of closure herein specified for the survey of the exterior boundaries of the subdivision and

                the street, block and lot dimensions shall comply with the requirements of Section 236.15 of

                the Wisconsin Statutes.

           D. The Village Board shall receive the results of the State Department of Commerce examination

                prior to approving the Final Plat.
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14.0604 - SURVEYING AND MONUMENTING.  All Final Plats shall meet all the surveying and monumenting requirements of Section 236.15 of the Wisconsin Statutes. The Village Board may waive setting of monuments for a specific period of time as per Section 14.0304 (D) of this Ordinance.
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14.0605 - STATE PLANE COORDINATE SYSTEM.  Where the Plat is located within a U.S. Public Land Survey quarter section the corners of which have been relocated, monumented and placed on the Wisconsin State Plane Coordinate System by the Southeastern Wisconsin Regional Planning Commission, or Waukesha County or the Village of Big Bend, the Plat shall be tied directly to two or more of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the type of monument and Wisconsin State Plane Coordinates of the monument marking, the relocated section or quarter corners to which the Plat is tied shall be indicated on the Plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision and as adjusted to the SEWRPC Section's control survey.
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14.0606 - CERTIFICATES.   All Final Plats shall provide all the certificates required by Section 236.21 of the Wisconsin Statutes; and, in addition, the surveyor shall certify that he has fully complied with all the provisions of this Ordinance.
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14.0607 - RECORDING.  The Final Plat shall be recorded with the Waukesha County Register of Deeds only after the certificates of the Wisconsin Department of Commerce, of the Village Board, of the Surveyor, and those certificates required by Section 236.21 of the Wisconsin Statutes are placed on the face of the plat. The plat shall be recorded by the Village Clerk or designee after receipt of all fees from the Subdivider and within 30 days of its approval by the Village Board. The Village of Big Bend shall not permit the applicant, title company, or any other entity to record the Final Plat.
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14.0608 - DUPLICATE PLAT REQUIRED.  Within 30 days of recording of the plat, the Subdivider shall provide the Village all reproductions including a duplicate reproducible copy of the Final Plat on dimensionally stable polyester film to the Village of Big Bend along with five (5) folded blueline copies. The Subdivider shall provide the Village with one copy in appropriate electronic file format acceptable to the Village at the Subdivider's expense.
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SECTION 14.0700 - CERTIFIED SURVEY MAP SUBMITTAL REQUIREMENTS.  (MINOR LAND DIVISION)

14.0701 - GENERAL.  A Certified Survey Map prepared by a Registered Land Surveyor shall be required for all minor land division. It shall comply in all respects with the requirements of Section 236.34 of the Wisconsin Statutes. The minor land division shall comply with the design standards set forth in Section 14.0800 and the improvement requirements set forth in Section 14.0900 of this Ordinance.

            A.  A Preliminary Map or sketch may be submitted to the Village of Big Bend Plan Commission for all tracts of land proposed to be divided in accordance with Section 14.0401 of this Ordinance.
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14.0702 - REQUIRED INFORMATION.

            A. Date of the Map.

            B. Insert showing map of area with property location.

           C. Graphic Scale and north arrow.

           D. Name, address and daytime phone numbers of the Owner, Subdivider and Land Surveyor.

           E. All existing structures, including square footage and horizontal offset to existing and/or

                proposed property lines, and the first floor elevation thereof, visible and known wells,

                watercourses, drainage ditches, existing property lines of abutting property, and other features

                pertinent to proper division.

           F. Name of adjoining streets, highways, parks, cemeteries, subdivisions, ponds, streams, lakes,

                flowages, and wetlands.

           G. Location of the area on the lot where a structure may be built to afford solar access to the

                rooftop and south wall.

           H. Additional Setbacks or Building Lines required by the Village of Big Bend Plan Commission

                and Board which are more restrictive than the regulations of the Zoning District in which the

                plat is located or which are proposed by the Subdivider and are to be included in recorded

                deed restrictions.

             I. Additional setbacks or offsets proposed by the Subdivider which are more restrictive than the

                regulations of the Zoning District in which the plat is located.

            J. All Lands Reserved for future public acquisition.

           K. Floodplain limits of the 100-year recurrence interval flood as determined by the federal flood

                insurance study or other technical document, or where such data is not available, the elevation

                shall be determined by a Registered Professional Engineer and the sealed documents shall

                be subject to the review and recommendation of approval of the Village Engineer and the

                approval of the Village. The contour line lying a vertical distance of two (2) feet above the

                elevation of the one hundred (100) year recurrence interval flood, or where such data is not

                available, the elevation shall be determined by a Registered Professional Engineer and the

                sealed documents shall be subject to the review and recommendation of approval of the

                Village Engineer and the approval of the Village within the exterior boundaries of the plat.

            L. Easements shall be shown on the Certified Survey Map and shall be limited to utility

                easements, drainage easements, conservation easements, access easements, scenic

                easements, mineral easements, or air rights easements. Easements shall not be used for the

                conveyance of street rights-of-way, pedestrian rights-of-way, park or school lands, or other

                public lands requiring dedication.

           M. Exact length and bearing of the centerline of all streets.

           N. Exact street width along the line of any obliquely intersecting street.

           O. Railroad rights-of-way within and abutting the plat.

           P. A drainage and grading plan for all lots on the map bearing a statement concerning the relation

                of all drainage swales, ponds, or other facilities.

           Q. Special restrictions required by the Village of Big Bend Plan Commission and any other

                approving or objecting agency relating to access control along public ways, the provision of

                planting strips, solar access restrictions, to preservation of wetlands, to more restrictive yard

                requirements, or to special restrictions for environmentally significant lands.

            R. Location, area, depth, and type of the soil absorption waste disposal system for each building

                 site, if applicable.

            S. Delineation of all conservancy zoning district lands, wetlands and shoreland/wetlands based

                 on a field staking by the U.S. Army Corps of Engineers, the Wisconsin Department of Natural

                 Resources, the Southeastern Wisconsin Regional Planning Commission, or other agency or

                 firm certified to make such delineation by the Federal Government or the Wisconsin

                 Department of Natural Resources.

            T. Grading Plan for the proposed land division extending 150 feet from the proposed property

                 lines.

            U. Additional information, if required by the Village Plan Commission, Board or staff.
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14.0703 - ADDITIONAL INFORMATION.  The Village of Big Bend Plan Commission may require that the following additional information be provided when necessary for the proper review and consideration of the map:

           A. Existing Contours at vertical intervals of not more than two (2) feet where the slope of the

                ground surface is less 10 percent, and of not more than five (5) feet where the slopes of the

                ground surface is 10 percent or more. Elevations shall be marked on such contours based on

                National Geodetic Vertical Datum (NGVD) of 1929 (mean sea level). The requirement to

                provide topographic data may be waived if the parcel(s) created are fully developed.

           B. Soil type, slope, and boundaries as shown on the detailed operational soil survey maps

                prepared by the U. S. Soil Conservation Service.

           C. Setbacks or building lines required by the Village of Big Bend Plan Commission and Board in

                accordance with the guidelines set forth in Section 14.0807 of this Ordinance.

           D. Location of Soil Boring Tests. The number of such tests shall be adequate to portray the

                character of the soil and the depths of bedrock and groundwater from the natural undisturbed

                surface. To accomplish this purpose, a minimum of one (1) test per three (3) acres shall be

                made initially. The results of such tests shall be submitted along with the Certified Survey Map.

           E. Location of Soil Boring Tests where required by Section COMM 85.06 or COMM 83.09 of the

                Wisconsin Administrative Code, taken at the location and depth in which soil absorption waste

                disposal systems are to be installed. The number of such tests initially made shall not be less

                than one (1) test per three (3) acres. The results of such tests shall be submitted along with the

                Certified Survey Map.

           F. The Village of Big Bend Plan Commission may waive the requirement that the entire area

                contiguous to the land outlined in the proposed Certified Survey Map owned or controlled by

                the Subdivider be included on the Certified Survey Map even though only a portion of said area

                is proposed for immediate development, however, this waiver may only occur when the

                parcel(s) to be created by a land division is/are 20 acres or more in area and is/are not

                intended for development.
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14.0704 - STATE PLANE COORDINATE SYSTEM.  Where the Map is located within a U.S. Public Land Survey quarter section the corners of which have been relocated, monumented and placed on the Wisconsin State Plane Coordinate System by the Southeastern Wisconsin Regional Planning Commission, or Waukesha County , the Map shall be tied directly to two or more of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the type of monument and Wisconsin State Plane Coordinates of the monument marking, the relocated section or quarter corner to which the Map is tied shall be indicated on the Map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision.
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14.0705 - CERTIFICATES.  The surveyor shall certify on the face of the Map that he has fully complied with all the provisions of this Ordinance. The Village Board, after receiving a recommendation of approval from the Village of Big Bend Plan Commission and the recommendation by all reviewing agencies, shall certify its approval on the face of the map.

            A. When a Certified Survey Map includes the dedication of streets and other public areas, an

                 Owner's certificate in substantially the same form as required by Section 236.21(2)(a) of the

                 Wisconsin Statutes shall be required.

            B. All Certified Survey Maps shall provide all the certificates required by Section 236.21 of the

                 Wisconsin Statutes.
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14.0706 - RECORDING.  The Certified Survey Map shall be recorded with the county register of deeds only after the certificates of the Village Board, the surveyor, and the Owner are placed on the face of the Map. The Map shall be recorded by the Village Clerk or designee after payment of all fees and within 30 days of its last approval by the Village Board. The Village of Big Bend shall not permit the applicant, title company, or any other entity to record the Certified Survey Map.
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14.0707 - DUPLICATE MAP REQUIRED. The Subdivider shall provide two copies of the Certified Survey Map and one copy in appropriate electronic file format acceptable to the Village within 30 days of recording the Certified Survey Map.
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14.0708 - NOTATIONS.  Any notes required by the Village of Big Bend shall be placed on the face of the Certified Survey Map prior to recording by the Village of Big Bend.
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SECTION 14.0800 - DESIGN STANDARDS

14.0801 - STREET ARRANGEMENT.  In any new subdivision or Certified Survey Map the street, block and lot layouts shall conform to the arrangement, width and location indicated on the Village of Big Bend official map, County Jurisdictional Highway System Plan, comprehensive plan or plan component, or neighborhood development plan, if any, of the Village of Big Bend, and shall be so designated as to: be within the capability of the land and water resources; least disturb the existing terrain, flora, fauna and water regimen; and meet all the use, site, sanitary, floodland, and shoreland regulations contained in the Village of Big Bend Zoning Ordinance. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas. The subdivision shall be designed so as to provide each lot with satisfactory solar access and access to a public street.

            A. Arterial streets, as heretofore defined, shall be arranged so as to provide ready access to

                 centers of employment, centers of governmental activity, community shopping areas,

                 community recreation, and points beyond the boundaries of the community. Arterial streets

                 shall also be properly integrated with and related to the existing and proposed area-wide

                 system of arterial streets and highways and shall be, insofar as practicable, continuous and in

                 alignment with existing or planned streets with which they are to connect.

            B. Collector streets, as heretofore defined, shall be arranged so as to provide ready collection of

                 traffic from residential areas and conveyance of this traffic to the arterial 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 arterial streets into

                 which they connect.

            C. Minor streets, as heretofore defined, 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, as required by the Village and to require the minimum street area

                 necessary to provide safe and convenient access to abutting property.

            D. Proposed streets shall extend to the boundary lines of the tract being subdivided unless

                 prevented by topography or other physical conditions, or unless the Village Plan Commission

                 and Board finds that such extension is not necessary or desirable for the coordination of the

                 layout of the subdivision or for the advantageous development of the adjacent tracts.

            E. Arterial street and highway protection. Whenever the proposed subdivision contains, or is

                 adjacent to an arterial street or highway, adequate protection of residential properties,

                 limitation of access and separation of through and local traffic 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 consistent with Section 14.0802 (A) of this Ordinance.

            F. Public access shall be provided to all navigable stream or lake shores. Such access shall be

                 at least sixty (60) feet in width platted to the low watermark at intervals of not more than one-

                 half mile as required by Section 236.16(3) unless greater intervals and wider access is

                 agreed upon by the Village Board, the Wisconsin Department of Natural Resources, and the

                 head of the planning function for the Wisconsin Department of Local Affairs and Development.

                 All platted public access shall front on a public street, highway, parkway, or other public way.

            G. Reserve strips shall not be provided on any plat to control access to streets or alleys, except

                 where control of such strips is placed under conditions approved by the Village Plan

                 Commission and Board.

            H. Street names shall not duplicate or be similar to existing street names, and existing street

                 names shall be projected wherever possible and final approval of street names rests with the

                 Village Board upon the recommendation of the Plan Commission, Police and the Fire

                 Department.

              I. Access shall be provided in commercial and industrial areas for off-street loading and service

                 areas unless otherwise required by the Plan Commission and Board.
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14.0802 - LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY TREATMENT.  Whenever the proposed subdivision contains or is adjacent to a limited access highway, arterial or railroad right-of-way, the design shall provide the following treatment. These standards do not apply to State or County Highways, which are under the jurisdiction of the respective Department of Transportation if said Department of Transportation imposes a more restrictive requirement.

            A. When lots within the proposed subdivision back upon the right-of-way of an existing or

                 proposed limited access highway, arterial or a railroad, a planting strip at least thirty (30) feet

                 in depth shall be provided adjacent to the highway or railroad in addition to the normal lot

                 depth. This strip shall be part of the platted lots but shall have the following restriction lettered

                 on the face of the plat: "This strip reserved for the planting of trees and shrubs and the building

                 of all structures excepting public or private utility structures hereon is prohibited."

             B. Where commercial and industrial districts are involved there shall be provided, on each side

                  of the limited access highway or railroad, streets approximately parallel to and at a suitable

                  distance from such highway or railroad for the appropriate use of the land between such

                  streets and highway or railroad, but shall not be less than one hundred and fifty (150) feet from

                  the right-of-way of the limited access highway or railroad.

             C. Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major

                  street and highway or collector street which crosses said railroad or highway, shall be located

                  at a minimum distance of two hundred and fifty (250) feet from said highway or railroad right-

                  of-way. Such distance, where desirable and practicable, shall be determined with due

                  consideration of the minimum distance required for the future separation of grades by means

                  of appropriate approach gradients.

             D. Minor streets immediately adjacent and parallel to railroad rights-of-way shall be avoided, and

                  location of minor streets immediately adjacent to arterial streets and highways and to railroad

                  rights-of-way shall be avoided in residential areas.
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14.0803 - STREET AND PEDESTRIAN WAY DESIGN STANDARDS.  The minimum right-of-way, construction standards and roadway width of all proposed streets and alleys shall be as specified by the Village of Big Bend's Standard Specifications, comprehensive plan, comprehensive plan component, official map, or neighborhood development plan, or County Jurisdictional Highway System Plan, or if no width is specified therein, the minimum width shall be as shown on Table 1.

TABLE l

URBAN STREET RIGHT-OF-WAY WIDTH

Arterial	100 Feet (minimum)
Collector	80 Feet (minimum)
Minor	66 Feet (minimum)
Pedestrian Ways	20 Feet--- (minimum)

TABLE 2

RURAL STREET--- RIGHT-OF-WAY WIDTH

Arterial	100 Feet (minimum)
Collector	100 Feet (minimum)
Minor	66 Feet (minimum)

Street sections are for standard streets only. Cross sections for freeways, expressways and parkways should be based upon detailed engineering studies. In addition:

            A. Cul-de-Sac Street. Cul-de-Sac streets designed to have one end permanently closed shall not

                 exceed 800 feet in length unless waived by the Plan Commission and Board. Urban cul-de-

                 sac streets shall typically terminate in a bulbed turn-around having a minimum right-of-way

                 radius of sixty-six (66) feet and a minimum outside curb radius of 48 feet. Rural cul-de-sac

                 streets shall typically terminate in a bulbed turn-around having a minimum right-of-way radius

                of sixty-six (66) feet and a minimum outside pavement radius of forty five (45) feet.

            B. Street Grades. Unless necessitated by exceptional topography, subject to the approval of the

                 Village Board, the maximum centerline grade of any street or public way shall not exceed the

                  following:

                  1. Arterial streets: six (6) percent

                  2. Collector streets: eight (8) percent

                  3. Minor streets, alleys and frontage streets: ten (10) percent.

                  4. Pedestrian ways: (6) percent to (8) percent grade, unless steps of acceptable design are

                      provided.

                  5. The grade of any street shall in no case exceed ten (10) percent or be less than one

                       percent. 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. All changes in street grades shall be connected by vertical curves of a

                       minimum length equivalent in feet to thirty (30) times the algebraic difference in the rates of

                       grade for arterial streets, and fifteen (15) times for all other streets.

                 C. Half-Streets. Where an existing dedicated or platted half-street is adjacent to the tract

                      being subdivided, the other half of the street shall be improved and dedicated by the

                      Subdivider. The platting of new half-streets shall not be permitted .

                 D. Roadway Elevations. Elevations of roadways passing through floodland areas shall be

                      designed in the following manner:

                      1. At least two (2) feet above the one hundred (100) year recurrence interval flood elevation

                          for arterial, collector and minor streets.

                E. New and Replacement Bridges and Culverts. All new and replacement bridges and culverts

                     over perennial waterways, including pedestrian and other minor bridges, in addition to

                     meeting other applicable requirements, shall be designed so as to accommodate the 100-

                     year recurrence interval flood event without raising the peak stage, either upstream or

                     downstream, more than .01 foot above the peak stage for the 100-year recurrence interval

                     flood, as established in the applicable federal flood insurance study or other technical study.

                     Larger permissible flood stage increases may be acceptable for reaches having

                     topographic land use conditions which could accommodate the increased stage without

                     creating additional flood damage potential upstream or downstream of the proposed

                     structure providing that flood easements or other appropriate legal measures have been

                     secured from all property Owners affected by the excess stage increases. Such bridges

                     and culverts shall be so designed and constructed as to facilitate the passage of ice floes

                     and other debris. All new and replacement bridges shall be constructed in accordance with

                     all applicable State Statutes and Codes and plans shall be submitted to the Wisconsin

                     Department of Natural Resources (DNR) to assure compliance therewith.

                F. Radii of Curvature. When a continuous street centerline deflects at any one point by more

                     than 10 degrees, a circu-lar curve shall be introduced having a radius of cur-vature on said

                     centerline of not less than the following:

                     1. Arterial streets and highways: 500 feet.

                     2. Collector streets: 300 feet.

                     3. Minor streets: 150 feet or; Shall not be less than the Wisconsin Department of

                         Transportation Facilities Design Manual for the design speed of the facility and shall use

                         the greater of the two. A tangent at least 100 feet in length shall be provided between

                         reverse curves on arterial and collector streets.
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14.0804 - STREET INTERSECTIONS.  Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition:

            A. The number of streets converging at one intersection shall be reduced to a minimum,

                 preferably not more than two without Village Planning Commission and Board approval.

 
           B. The number of intersections along arterial streets and highways shall be held to a minimum.

                Wherever practicable the distance between such intersections shall not be less than twelve

                hundred (1200) feet.

           C. Property lines at street intersections shall be rounded with a minimum radius of fifteen (15) feet

                or of a greater radius when required by the Village Plan Commission and Board, or shall be

                cut-off by a straight line through the points of tangency of an arc having a radius of fifteen (15)

                feet.

           D. Minor streets shall not necessarily continue across arterial or collector streets; but if the

                centerline of such minor streets approach the arterial or collector streets from opposite sides

                within three hundred (300) feet of each other, measured along the centerline of the arterial or

                collector street, then the location shall be so adjusted that the alignment across the arterial or

                collector street is continuous and a jog is avoided.

           E. On all streets where sidewalks are required, ramps or openings to accommodate

                handicapped individuals or vehicles shall be provided in accordance with Section 66.616 of

                the Wisconsin Statutes.
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14.0805 - 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; topography; and solar access.

            A. The lengths of blocks in residential areas shall not as a general rule be less than six hundred

                 (600) feet nor more than twelve hundred (1200) feet in length unless otherwise dictated by

                 exceptional topography or other limiting factors of good design.

            B. Pedestrian ways of at least ten (10) feet in width may be required where deemed necessary

                 by the Village Plan Commission and Board to provide safe and convenient pedestrian

                 circulation between the individual lots, streams, lakeshores, park lands, or other public areas,

                 or may be required near the center and entirely across any block where deemed essential by

                 the Village Plan Commission and Board to provide adequate pedestrian circulation or access

                 to schools, shopping centers, churches, parks, open spaces, or transportation facilities. The

                 Final Plat shall contain a special restriction addressing by whom mid-block pedestrian ways

                 will be maintained.

           C. The width of blocks shall be wide enough to provide for two (2) tiers of lots of appropriate

                depth except where otherwise required to separate residential development from through

                traffic. Width of lots 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 restrictions for such use.
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14.0806 - LOTS.  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, and for solar access for the building contemplated. In addition:

             A. Side lot lines shall be at right angles to straight street lines or radial to curved street lines on

                  which the lots face. Lot lines shall follow municipal boundary lines rather than cross them.

 
             B. Double frontage and reverse 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.

             C. Flag lots shall be prohibited, except where necessary to overcome specific disadvantages of

                  topography, orientation, or access. Financial hardship alone shall not warrant the creation of a

                  flag lot when adequate land of at least 66 feet is available for the construction of a standard

                  road right-of-way.

             D. Access. Every lot shall front or abut for a distance of at least thirty (30) feet on a public street

                  and shall be at least 45 feet on all proposed cul-de-sacs or on a Village of Big Bend

                  approved access.

            E. Area and dimensions of all lots shall conform to the requirements of the Village of Big Bend

                 Zoning Ordinance where the land division occurs. Those building sites not served by a public

                 sanitary sewer system or other approved systems shall be sufficient to permit the use of an on-

                 site soil absorption sewage disposal system designed in accordance with Chapter COMM 83

                 of the Wisconsin Administrative Code and administered by Waukesha County. In no case

                 shall the width and area of lots located on soils suitable for the use of an on-site soil

                 absorption sewage system be less than one hundred and twenty (120) feet in width and twenty

                 thousand (20,000) square feet in area.

            F. Whenever a tract is subdivided into parcels five (5) acres or less in area and more than twice

                 the minimum lot area required for the Zoning District in which such parcel is located, the

                 Village Plan Commission and Board may require such parcels to be arranged and

                 dimensioned so as to allow re-subdivision of any such parcels in accordance with the

                 provisions of this Ordinance and in conformance with the Village Zoning Ordinance.

            G. Depth of lots shall be a minimum depth of one hundred twenty (120) feet. Excessive depth in

                 relation to width shall be avoided and a proportion of two and one-half to one (2.5:1) shall be

                 considered a desirable ratio under normal conditions. Depth and 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 zoning restrictions for such use.

            H. Double frontage and reverse frontage lots, where permitted to provide separation of

                 residential development from through traffic or to overcome specific disadvantages of

                 topography and orientation shall provide an extra lot depth of 30 feet or landscaped buffering

                 unless a greater depth is specified herein.

               I. Lands lying between the meander line and the water's edge and any otherwise unplattable

                  lands which lie between a proposed subdivision and the water's edge shall be included as

                  part of lots, Outlots, or public dedications in any plat abutting a stream or lake.

     
              J. Width of lots shall conform to the requirements of the Zoning Ordinance, or other applicable

                  Ordinance, and in no case shall a lot be less than 100 feet in width at the required building

                  setback line.

             K. Corner lots shall be designed and platted with at least fifteen (15) feet of extra width over and

                  above the minimum required for the Zoning District wherein located to permit adequate

                  building setbacks from side streets and access shall be restricted to the minor street, if

                  required by the Plan Commission or Village Board.

             L. The shape of lots shall be generally be rectangular. Lots platted on cul-de-sacs will generally

                  be narrower at the street line than at the rear lot line.
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14.0807 - BUILDING AND SETBACK LINES.  Building setback lines, appropriate to the location and type of development contemplated which are more or less restrictive than the regulations of the Zoning District in which the plat is located, may be required by the Village Plan Commission and Board if under a Planned Unit Development. Building setback lines appropriate to the location and type of development contemplated, which are more restrictive than the regulation of the Zoning District in which the plat is located, may be required by the Village Plan Commission and Board and shall be shown on the Final Plat or Certified Survey Map. Examples of the application of this provision would include requiring greater setbacks on cul-de-sac lots to achieve the necessary lot width at the required building setback line, requiring greater setbacks to conform to setbacks of existing adjacent develop-met, or setting special yard requirements to protect natural resource elements. Shoreland/wetland and isolated wetland offsets, in addition to those required by the Village of Big Bend Zoning Ordinance, may be required.
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14.0808 - SPECIAL RESTRICTIONS.  Special restrictions, which are appropriate to the location or design of the land division, may be required and shall be shown on the Final Plat or Certified Survey Map. Examples of the application of this provision include access control along public ways, required planting and buffering strips, and prohibition of structures and vegetative clearing in environmentally significant lands.
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14.0809 - EASEMENTS.  The Village Plan Commission and Board may require utility easements of widths deemed adequate for the intended purpose on each side of all rear lot lines and on each side of all side lot lines or across lots where necessary or advisable for electric power and communication facilities, storm and sanitary sewers; street trees, gas, water, street lights and other utility lines, and solar access. All easements shall be noted on the Final Plat, and as needed on CSM’s, followed by reference to the use or uses for which they are intended. Where a subdivision is traversed by a watercourse, drainageway channel, or stream, an adequate easement shall be provided. The location, width, alignment, and improvement of such drainageway or easement shall be subject to the review and recommendation of approval by the Village Engineer and approval of the Village Board; and parallel streets or parkways may be required in connection therewith. Where necessary, storm water drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, subject to review and recommendation of approval by the Village Engineer and approval of the Village Board. Easements shall not be placed one inside the other, but instead shall be laid out side-by-side unless recommended by the Village Engineer and approved by the Plan Commission. Easement widths shall be as follows:

1.   Utility Easements--- 10 feet minimum

2.   Drainage Easements--- 30 feet minimum
3.   Pedestrian Easements--- 10 feet minimum
4.   Access/Maintenance Easements--- 10 feet minimum
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SECTION 14.0900 - REQUIRED SUBDIVISION IMPROVEMENTS

14.0901 - GENERAL.  All required improvements shall be constructed in accordance with plans and standard specifications approved by the Village Board upon recommendation of the Village Engineer and the Wisconsin Department of Natural Resources, as may be appropriate. Said plans and standard specifications shall be submitted, reviewed, and approved in accordance with Section 14.1003 of this Ordinance.
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14.0902 - SURVEY MONUMENTS.  The Subdivider shall install survey monuments placed in accordance with the requirements of Chapter 236.15 of the Wisconsin Statutes and as may be required by the Village Board.
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14.0903 - GRADING. 

            A. Cut and filled lands shall be graded in accordance with the approved plans or the soils angle

                 of repose, whichever is the lesser, and an approved cover shall be established within 30 days

                  following completion of grading operations.

             B. 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 Village

                  Board and any agency having jurisdiction including the Wisconsin Department of Natural

                  Resources, upon the recommendation of the Village Engineer. The Subdivider shall grade the

                  roadbeds in the street rights-of-way to subgrade.

             C. Where Electric and Communication facilities are to be installed underground, the utility

                  easements shall be graded to within six (6) inches of final grade by the Subdivider prior to the

                  installation of such facilities, and earth fill, piles or mounds of dirt or construction materials

                  shall not be stored on such easement areas.
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14.0904 - SURFACING.  After the installation of all utility, sanitary sewer, water main and storm water drainage improvements, the Subdivider shall surface all roadways in streets proposed to be dedicated, to the widths prescribed by these regulations and the adopted Village of Big Bend comprehensive plans or adopted plan components. Said surfacing shall be done in accordance with plans and standard specifications approved by the Village Board, upon recommendation of the Village Engineer. The second lift of asphalt shall not be installed until 60 percent of the houses are completed, but not less than one (1) year nor greater than three (3) years after base course pavement is installed for a given phase.
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14.0905 - CURB AND GUTTER.  The Village Board may require the Subdivider to construct concrete curb and gutters in accordance with plans and standard specifications approved by the Village of Big Bend, upon the recommendation of the Village Engineer and adoption by the Village Board. Mountable curbs shall generally be constructed.
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14.0906 - SIDEWALKS.  The Plan Commission and Village Board may require the Subdivider to construct a concrete sidewalk or asphalt off-road path on one side of all frontage streets and on one or both sides of all other streets within the subdivision. The construction of all sidewalks shall be in accordance with plans and standard specifications adopted by the Village Board. Wider than standard sidewalks may be required by the Plan Commission and Village Board in the vicinity of schools, commercial areas and other places of public assemblage where the potential pedestrian density may warrant, and the Village Board may require the construction of sidewalks in locations other than required under the preceding provisions of this Ordinance if such walks are necessary in their opinion, for safe and adequate pedestrian circulation.
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14.0907 - PUBLIC SANITARY SEWAGE DISPOSAL FACILITIES.  When public sanitary sewer facilities are available to the subdivision plat, the Subdivider shall construct sanitary sewerage facilities in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. In addition:

            A. All subdivisions within the adopted sanitary sewer service area shall be provided with public

                 sanitary sewer facilities.

            B. The Subdivider shall install sewer laterals to the street lot line for all lots.

            C. The size, type, and installation of all sanitary sewers and sanitary sewer laterals proposed to

                  be constructed shall be in accordance with plans and standard specifications adopted by the

                  Village Board.

             D. The Subdivider shall assume the cost of installing all sanitary sewers, sewer laterals and

                   sewer appurtenance within the proposed subdivision, including the added cost of installing

                   sewers which are necessary to serve tributary drainage areas lying outside of the proposed

                   subdivision.
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14.0908 - STORM WATER DRAINAGE FACILITIES.  The Subdivider shall construct storm water drainage facilities, adequate to serve the subdivision which shall include, but not be limited to, curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention structures, water detention structures, temporary sedimentation basins, and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazard to life or property. In addition:

            A. The Village of Big Bend shall require the installation of storm water detention and retention

                 facilities which shall be designed so that the post development runoff shall not exceed pre-

                 development rates, velocities, or volumes.

            B. Unpaved road ditches and street gutters shall be permitted and shall be shaped and seeded

                and/or sodded as grassed waterways. Where the velocity of flow is in excess of four (4) feet

                per second on soils having a severe or very severe erosion hazard and in excess of six (6) feet

                per second on soils having moderate, slight, or very slight erosion hazard, or where deemed

                necessary the Subdivider shall install a paved invert or check dams, flumes, or other energy

                dissipating devices.

           C. Shoreland/wetland and isolated wetland drainage facilities:

                1. Storm water detention/retention facilities shall not be allowed in wetland areas.

                2. Storm water discharges or discharges of urban storm water pollutants to wetlands may be

                    appropriate when the increase or decrease in the runoff volume do not negatively change

                    the wetland functional value. Where such changes are proposed the impact of the proposal

                    on wetland functional values shall be assessed using a methodology acceptable to the

                    Village Board and the Department of Natural Resources.

            D. The design criteria, the size, type, grades and installation of all storm water drains and sewers

                 and the cross-section, invert and erosion control paving, check dams, flumes or other energy

                 dissipating structures and seeding and/or sodding or open channels and unpaved road

                 ditches proposed to be constructed shall be in accordance with the plans and standard

                 specifications approved by the Village Board.

            E. The Subdivider shall assume the cost of installing all storm sewers within the proposed

                 subdivision, including the added cost of installing storm sewers which are necessary to serve

                 tributary drainage areas lying outside of the proposed subdivision.
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14.0909 - WATER SUPPLY FACILITIES.  When public water supply and distribution facilities are available to the subdivision plat, the Subdivider shall cause such water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot within the subdivision. The Subdivider shall make provision for adequate private water systems as required by the Village Board in accordance with the standards of the Wisconsin Department of Natural Resources and Wisconsin Department of Health and Social Services. Engineered plans must be submitted to the Village Plan Commission and Board for approval as recommended by the Village Engineer and Wisconsin Department of Natural Resources or other regulatory agencies as required.
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14.0910 - OTHER UTILITIES.  The Subdivider shall cause gas, electrical power, cable television, 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, telephone, or cable television service shall be located on overhead poles. In addition, plans indicating the proposed location of all such utilities shall be submitted for review and recommended for approval by the Village Engineer to the Village Board. All new electric or communication lines from which lots are individually served shall be installed underground within all newly platted subdivisions or Certified Survey Maps unless the Village Board shall find that the lots to be served by said facilities can be served directly from existing overhead facilities.  Associated equipment and facilities which are pertinent to underground electric and communications systems, including but not limited to substations, pad-mounted transformers, pad-mounted sectionalizing switches and pedestal-mounted terminal boxes may be located above ground. Any landscape screening plan required for such above-ground equipment shall be submitted to the affected utilities for approval. All utility installation should occur prior to final grading and shall not be located in areas of concentrated storm water flow.
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14.0911 - STREET LAMPS.  The Subdivider shall pay to the Village of Big Bend the cost to install street lamps of a design subject to the review and recommendation of approval by the Village Engineer and approval of the Village Board, at each subdivision street which intersects an arterial or collector and at such interior block spacing as may be required by the Village Board.
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14.0912 - STREET SIGNS.  The Subdivider shall pay to the Village of Big Bend the costs for installing street signs of a design approved by the Village of Big Bend at the intersection of all streets proposed to be dedicated, which signs shall be provided and installed by the Village of Big Bend.
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14.0913 - WOODED AREAS AND NATURAL TREE SETTINGS.  Heavily wooded areas should be preserved insofar as possible and by application of reservation and dedication provisions of this and other applicable Ordinances.
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14.0914 - IMPROVEMENT OF EXISTING HALF-STREETS.  Where a subdivision or minor land division abuts an existing street or half-street, and lots within the subdivision or minor land division access the existing street or half-street, the Subdivider shall be responsible for installing and paying for all the improvements in the existing street or half-street right-of-way.
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14.0915 - REMOVAL OF TEMPORARY CUL-DE-SACS.  Where a subdivision or minor land division abuts an existing temporary cul-de-sac, and the approved plans include extending the street ended by said temporary cul-de-sac, the Subdivider shall be responsible for the removal of the temporary cul-de-sac, reconstruction of the drainage and roadside ditches or curb and gutter, as applicable, reinstallation of culverts, reconstruction of driveways and restoration of all disturbed areas. The Village Board, upon review and recommendation of the Village Engineer, will determine if the existing culvert(s) may be salvaged and reused.
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SECTION 14.1000 - CONSTRUCTION STANDARDS.

14.1001 - COMMENCEMENT.  No construction or installation of improvements shall commence in a proposed subdivision until the Final Plat or conditionally approved Final Plat, or Certified Survey Map has been approved by the Village Board and the approving authorities having jurisdiction have given written authorization. No construction shall commence without the Developer's Agreement, Construction Plans, and Financial Guarantees being approved and in place as required by 14.0403, 14.0404, 14.0405 and/or 14.0406. No pre-construction meeting shall be scheduled or held until all permits required by the DNR, U.S. Army Corps. of Engineers, or other such agency have been received by the Village Clerk and the Village Engineer.
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14.1002 - BUILDING PERMITS.  No building shall be constructed prior to the issuance of the necessary zoning, building, and sanitary permits (as applicable). No building, zoning, sanitary, or other permits shall be issued for erection of a structure on any lot not of record until all the requirements of this Ordinance have been met, unless modified by the developer's agreement.

             A. Access. Village of Big Bend staff shall have access to premises and structures during

                  reasonable hours to make those inspections as deemed necessary to ensure compliance

                  with this Ordinance. If, however, he is refused entry after presentation of his identification, he

                  shall procure a special inspection warrant in accordance with Section 963.10 of the

                  Wisconsin Statutes, except in cases of emergency when he shall have the immediate right of

                   entry.
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14.1003 - IMPROVEMENT PLAN APPROVAL PROCEDURE.  The following procedure shall be followed for all subdivision construction/improvement plans and submittal of revised plans:

           A. Seven (7) copies of each plan shall be submitted to the Village Clerk for distribution to Village

                Board and the Village Engineer. The deadline for submittals is three (3) weeks prior to Village

                Board Meeting.

           B. Erosion Control plans will be submitted by the Developer to the Village Clerk and Engineer.

                Village Engineer recommended approval letter must be submitted to the Village Board for

                approval.

           C. In no case will plans be accepted or reviewed by the Village Engineer, Village Planner, or any

                Village Committee without first being processed through the Village Clerk.

           D. In no case will plans be accepted unless all improvement plans are included with the submittal.

                Plans will not be reviewed on a piecemeal basis. The submittal shall include: grading plans,

                drainage plan, public improvement plans (including streets, sanitary sewer, storm sewer, water

                and other utilities), landscape plan and erosion control plan. An individual plan may be

                submitted if it is one of the total set of plans and is being submitted as a revised plan wherein

                the remaining plans have been previously approved.

           E. Any preliminary meeting between the Village Engineer or Planner and the developer must have

                an authorization form signed by the developer and/or property owner and copied to the Village

                Clerk and there may be a fee for this meeting depending on the scope and length of the

                meeting.

           F. There will not be a review of so-called "pre-final" or "preliminary" construction plans for review

                by only the Village Engineer. Preliminary plan submittals shall be transmitted via the Village

                Clerk to all reviewers for their comments in accordance with the above. These preliminary

                comments shall be sent to the Village Clerk prior to transmittal to the applicant. Multiple

                reviews may be necessary and all comments from the reviewers shall be forwarded to the

                Village Clerk with copies to the applicant. The Village Clerk shall be the coordinator of plan

                review.

           G. Each copy of the plans shall have a drawing and/or revision date in order for it to be accepted

                and routed for review.

           H. The Village Clerk will transmit the full set of "final" construction/improvement plans sanitary

                sewer or water main to the Village Engineer. The Village Engineer will transmit to the outside

                approving agencies. Once the review is complete, the Village Clerk will schedule the plans for

                review by the Village Board with a letter of recommendation by the Village Engineer.

             I. It will be the applicant's responsibility to contact the Village Clerk, to confirm the date, time, and

               location of the respective Plan Commission and Village Board meetings.

           J. Once the Village Board and the outside approving agencies provide written approval, the

               applicant may schedule a pre-construction meeting through the Village Engineer.
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14.1004 - REQUIRED PLANS.  The following plans and accompanying construction specifications shall be provided by the Subdivider and reviewed and approved by the Village of Big Bend, the Wisconsin Department of Natural Resources, and the Village Engineer, as applicable, before construction or installation of improvements is authorized:

            A. Street plans and profiles as required showing existing and proposed grades, elevations and

                 cross sections of required improvements.

            B. Sanitary sewer plans and profiles as required showing the locations, grades, sizes, elevations

                 and materials of required facilities.

           C. Storm water management plans, calculations, and profiles showing the locations, grades,

                sizes, cross sections, elevations and materials of required facilities which includes street

                culverts and lot culverts.

          D. Water main plans and profiles as required showing the locations, sizes, elevations and

               materials of required facilities.

          E. Master site grading plan showing the finished yard grades of each lot in the subdivision. (F)

               Planting plans as required showing the locations, age, caliper, and species of any required

               grasses, vines, shrubs, and trees.

          G. Erosion and sedimentation control plan (see Zoning Code section 17.30).

          H. Additional special plans or information as required.
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14.1005 - CONSTRUCTION REVIEW.  The Subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Village Engineer for a pre-construction meeting where all details regarding the installation of the required improvements shall be presented and reviewed and shall include provisions for engineering construction review services. Engineering construction reviews shall be made by the Village Engineer or per the Village Board. The approving authorities or their representatives and the Village Engineer shall review and recommend for possible approval all completed work prior to release of the sureties and acceptance of dedicated subdivision improvements.
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14.1006 - AS-BUILT PLANS WHERE REQUIRED.  Within 30 days following the completion and recommendation for acceptance by the Village Engineer of all improvements, the Subdivider shall provide a duplicate reproducible copy of all improvement plans. Sewer and water as-built shall be prepared by the Subdivider and forwarded to the Village Clerk.
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14.1007 - EXISTING FLORA.  The Subdivider shall make every effort to protect and retain all existing trees over 9 inches in base diameter, shrubbery, vines and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, including the preservation of trees by well islands, temporary fencing or retaining wall whenever abutting grades are altered. In addition:

            A. Temporary vegetation and mulching shall be used to protect critical areas, and permanent

                 vegetation shall be installed as soon as practical.

            B. Construction at any given time shall be confined to the smallest practical area and for the

                 shortest practical period of time.

            C. Sediment basins shall be installed and maintained at all drainageways to trap, remove, and

                 prevent sediment and debris from being washed outside the area being developed.
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SECTION 14.1100 - FEES

14.1101 - GENERAL.  The Subdivider shall pay the Village of Big Bend all fees to the Village Clerk as hereinafter required and at the times specified before being entitled to recording of a Plat or Certified Survey Map.
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14.1102 - PRELIMINARY PLAT, FINAL PLAT AND CSM REVIEW FEE.  The Subdivider shall submit a fee, established from time to time by Ordinance or Resolution adopted by the Village Board, to the Village Clerk at the time of application for any Preliminary Plat, Final Plat or CSM to defray the cost of giving notice, investigation, or other administrative processing. A reapplication fee shall be submitted at the time of reapplication submittal, a fee as from time to time established by Ordinance and adopted by the Village Board to defray the cost of giving notice, investigation, or other administrative processing of any Preliminary Plat, Final Plat or CSM which has been previously reviewed. In addition to the application fee, the Subdivider shall pay fees as provided for in Section 14.1105 Administrative Fee.
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14.1103 - CONSTRUCTION REVIEW FEE.  The Subdivider shall pay a fee which shall be added to the "Developer's Deposit" or to the Letter of Credit equal to the actual or projected cost of the Village Engineer's fees or other approving authorities having jurisdiction for such construction review deem necessary, to assure that the construction of the required improvements is in compliance with the plans, specifications and Ordinances of the approving authorities having jurisdiction or any other governmental authority.
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14.1104 - ENGINEERING FEE.  The Subdivider shall pay a fee equal to the actual cost to the Village of Big Bend for all engineering work incurred by the Village in connection with the plat or Certified Survey Map. Engineering Work shall include the review of construction plans and specifications. The Village Board shall require the Subdivider to furnish all of the required construction plans in which case no engineering fees shall be levied for such plan preparation. Construction Review, Checking and Reviewing Work has fees provided for in Section 14.1203.
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14.1105 - ADMINISTRATIVE FEE.  The Subdivider shall pay a fee equal to the cost of any legal, planning, administrative or fiscal work which may be undertaken by the Village of Big Bend in connection with the plat. Legal work shall include the drafting of agreements between the Village and the Subdivider. These fees may also include the cost of obtaining professional opinions including, but not limited to attorneys, engineers, landscape architects, and land planners, requested by the Village Board or Plan Commission in connection with the land division being considered. At the time of application, a fee as from time to time established by Ordinance or Resolution and adopted by the Village Board, shall be submitted to defray the cost of giving notice, investigation, or other administrative processing a petition for legal lot status.
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14.1106 – DEDICATION OF SITES. 

            A. Within the Village, where feasible and compatible with residential development of the

                 community, the divider shall provide and dedicate to the public adequate land to provide for

                 the park and recreation and other public needs of the subdivision or other division of land.

            B. The amount of land to be provided shall be determined on the basis of an amount of land

                 equal in value to $2000 per residential lot created by the division. The value of the land to be

                 dedicated shall be determined by the Village Assessor on the basis of full and fair market

                 value of the land prior to dividing.

            C. If the owner is not satisfied with such appraisal, he may appeal such determination, in which

                 case an appraisal board consisting of one appraiser selected by the Village at its own

                 expense, one selected by the property owner at his own expense and a third selected by the

                 two other appraisers at Village expense, shall determine the value.
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14.1107 – PROPORTIONATE PAYMENT IN LIEU OF DEDICATION. 

            A. Where the Village Board determines that such dedication is not feasible or compatible with

                 development of the community, the divider shall in lieu thereof pay the Village a fee equivalent

                 to $2000 per residential lot created by the subdivision or other division of land to be placed in

                 a nonlapsing fund as follows:

                 1. $1700 per residential lot for park and recreation area site and capital purchase and

                      development.

                 2. $300 per residential lot for public facilities site and capital purchase and development.

                      Examples of public facilities: village hall annexation, fire station, site for water utility

                      substation, etc.

            B. Such fees shall be used exclusively for immediate or future site acquisition or capital

                 improvement.

            C. Where the division results in the creation of not more than one additional lot or parcel,

                 payment shall be required only for the additional parcel.

            D. Payment may be in a lump sum or 50% paid at the time of plat approval and the balance to be

                 paid    within one year, such deferred payment to be guaranteed by letters of credit, mortgage

                 or cash bonds.

           E. Where a lot or parcel for which payment has once been made is further divided, payment shall

                be required only for the additional lots or parcels created.

           F. The required payment shall be made before the certification of approval may be affixed to the

                final plat or CSM.

          G. No payment shall be required for a parcel on which a permanent residential structure has

               existed for at least one (1) year prior to date of the division.
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SECTION 14.1200 - APPENDIX

14.1201 - Land Division Ordinance Checklist
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14.1202 – Land Division Flow Chart
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SECTION 14.1300 - ADOPTION

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