TOWN OF RUSHFORD SUBDIVISION ORDINANCE

Note: To facilitate the best possible understanding by those who intend to plat and develop land within the Town of Rushford, this Subdivision Ordinance is based on the Winnebago County Subdivision Ordinance that went into effect (as amended) on March 22, 1989. The County Ordinance is being used as the basis for the Rushford Subdivision Ordinance because all platting in the Town must be consistent with County regulations. Town of Rushford references and more restrictive or additional regulations added to the base County Subdivision Ordinance will appear in bold lettering (amended language in coming years could be shown in italics).

14-1-1 Authority.

The provisions of this chapter are adopted by the Town of Rushford Town Board who has adopted Village Powers pursuant to the authority granted by Chapters 61 & 236, Wisconsin Statutes. This ordinance requires either a Certified Survey Map or a Subdivision Plat to create new land parcels or lots in the Town of Rushford.

14-1-2 Title.

This chapter shall be known as, referred to or cited as the "Town of Rushford, Subdivision Ordinance."

14-1-3 Purpose and Intent.

The purpose of this chapter is to regulate and control the division of land within the unincorporated areas of the Town of Rushford to:

(1) Promote the public health, safety and general welfare.

(2) Further the orderly layout and use of land.

(3) Prevent the overcrowding of land.

(4) Lessen congestion in the streets and highways.

(5) Provide for adequate light and air.

(6) Facilitate adequate provisions for water, sewerage & other public requirements.

(7) Provide for proper ingress and egress.

(8) Promote proper monumenting of subdivided land and conveyancing by accurate legal description.

14-1-4 Interpretation and Application.

(1) It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(2) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

14-1-5 Severability and Non-Liability.

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Town does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and that those soils listed as being unsuited for specific uses are the only unsuited soils within the Town, and thereby asserts that there is no liability on the part of the Town Board of Supervisors, its agencies or employees for sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this ordinance.

14-1-6 Repeal.

All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this ordinance, to the extent of the inconsistency only, are hereby repealed.

14-1-7 Effective Date.

This ordinance shall be effective after a public hearing, adoption by the Town Board of Supervisors, and publication or posting as provided by law.

GENERAL PROVISIONS

14-1-8 Jurisdiction.

The jurisdiction of this chapter shall include all lands within the Town of Rushford. However, in no instance shall the provisions of this chapter apply to:

(1) Transfers of interest in land by will or pursuant to court order.

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

(3) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the resultant lots are not reduced below the minimum size required by these regulations, the Town/County Zoning Ordinance or other applicable laws or ordinances. For the purpose of this section, an additional lot is deemed to be created if the parcel being sold or created is not combined with the adjoining parcel by means of a new legal description in accordance with Section 14-1-11.

(4) Cemetery plats (s.s. 157.07) and Assessor’s Plats (s.s. 70.27), but both shall comply with 236.15 (1) (a) to (g) and 2 (a) to (e).

14-1-9 Combining Lots.

Lots shall be combined into one parcel according to 14-1-11 when one or more of the following occurs:

(1) The requirements of 14-1-9 (3) are not met.

(2) A use, structure, or structural addition that occupies more than one lot under the same ownership.

14-1-10 Combining Description.

Land described in 14-1-10 shall be combined into one parcel by Certified Survey Map procedures and recorded in the County Register of Deeds Office.

14-1-11 Compliance.

Any division of land within the jurisdictional limits of these regulations which results in a land division, replat or condominium plat as defined herein shall not be entitled to recording and/or improvements to the land unless it is in compliance with all the requirements of this chapter and:

(1) Duly approved County Zoning and Private Sewage System Ordinances.

(2) County and State Access Control Ordinances.

(3) Applicable local ordinances.

(4) Consistent with the provisions of Chapter 236, Wisconsin Statutes.

(5) Provisions of the Winnebago County Land Records Ordinance as enumerated in Section 8.05 of the Winnebago County Code.

(6) Town of Rushford Comprehensive Plan

(7) Any other Town of Rushford Ordinances, Policies or Developer Agreements.

14-1-12 Land Suitability

No land shall be divided which is held unsuitable for any proposed use by the Town Board for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. The Town Board in applying the provisions of this chapter shall in writing, cite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the applicant an opportunity to present evidence regarding such suitability at a public hearing. Thereafter, the Town Board may affirm, modify or withdraw its determination of unsuitability.

14-1-13 Variances.

(1) In any particular case where it can be shown that with reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause practical difficulty by exceptional and undue hardship, the Rushford Board of Appeals may relax such requirement to the extent deemed just and proper so as to relieve such difficulty or hardship, provided such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the Town.

(2) The Rushford Board of Appeals at its discretion, if it determines it necessary for the public good, may conduct a public hearing to permit parties in interest to comment on the variance request.

(3) If a hearing is determined necessary, the applicant shall be responsible for payment of a hearing fee as established by the Town of Rushford. The Rushford Board of Appeals shall then fix a reasonable time and place for the hearing. Notice of the time and place of such hearing shall be given by publication as a Class 2 notice in a local newspaper according to Ch. 985, Wisconsin Statutes. All property owners within 300 feet of the subject site as listed on official tax property rolls as of the date of application shall be notified by first class mail with an Affidavit of Mailing at least 10 days prior to the date of such hearing.

(4) A four-fifths vote of the entire membership of the Rushford Board of Appeals shall be required to grant any modification to these regulations and any modification thus granted shall be entered in the minutes of the Rushford Board of Appeals setting forth the reasons which, in the opinion of the Rushford Board of Appeals, justified the modification.

(5) Shoreland Notice and Decision

(a) Written notice shall be given to the appropriate District Office of the Department of Natural Resources at least ten (10) days prior to consideration by the Rushford Board of Appeals.

(b) Written notice of the decision shall be submitted to the appropriate District Office of the Department of Natural Resources within thirty (30) days of the decision.

14-1-14 Violations.

No person shall build upon, divide, convey, record or monument any land in violation of this chapter or the Wisconsin Statutes. No permit shall be issued authorizing the building on or improvement of any subdivision, replat or condominium plat within the jurisdiction of this chapter and lot of record until the provisions and requirements of this chapter have been fully met. The Town may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.

14-1-15 Penalties.

(1) Recordation improperly made shall be subject to the provisions of Sec. 236.30, Wisconsin Statutes.

(2) Conveyance of lots in unrecorded plats shall be subject to the provisions of Sec. 236.31, Wisconsin Statutes.

(3) Monuments disturbed or not placed shall be subject to the provisions of Sec. 236.32, Wisconsin Statutes.

(4) Assessor's plat may be ordered by the Town when a subdivision is created by successive divisions as provided in Sec. 236.31(2), Wisconsin Statutes.

(5) Any person failing to comply with the provision of this land division ordinance shall be subject to penalties assessed by the Town of Rushford, as amended from time to time, for similar violations.

14-1-16 Appeals.

If the Town of Rushford’s Town Board denies a plat, the petitioner may appeal the denial to the Town of Rushford’s Board of Appeals committee. If the Town’s Board of Appeals supports the Town Board’s denial, the petitioner may then commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on notice to the board of appeals and on due cause shown, grant a restraining order. The court may also reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

CERTIFIED SURVEY MAP (CSM)

14-1-17 Submittal

Previous to filing a Certified Survey Map (CSM) of any parcel of land, the subdivider shall consult with the Town Planning & Zoning Administrator for advice and assistance to assure the division does not conflict with local, county, or regional plans.

The subdivider shall provide the Town with a reasonably accurate concept plan of the land being considered for division. It may be a free hand drawing but of a sufficient scale so that conditions can be determined to be reviewed for proximity to adjacent streets and schools for analysis of soil types, topography, drainage, and generally for the effect the land division would have on the development of surrounding property. Such map shall describe the entire ownership involved in the process of division, provided however, that where the division results in a residual parcel, not intended for immediate sale or other conveyance, the Town Board may waive the requirement for inclusion of the residual parcel. In this case, a supplementary map of reasonable accuracy shall be attached showing the relationship to the original ownership of the parcel or parcels being severed. In the event the division involves the dedication and development of a Town road, the subdivider shall submit an itemized estimate of the costs of required public improvements.

After tentative Town approval of a concept plan, the subdivider shall proceed to have a Certified Survey Map prepared. The Certified Survey Map shall be drawn in accordance with this ordinance and shall meet all of the requirements of Sections 236.34 and 236.21 of the State Statutes that relate to subdividing. In addition, when the map is located within a quarter section where the corners have been relocated, monumented or placed on the state plane coordinate system, the CSM shall be tied directly to such section quarter corners.

At least thirty (30) days prior to the Planning & Zoning Committee meeting, the subdivider shall file ten (10) copies of the CSM along with an application form (available from the Town Planning & Zoning Administrator or Town Clerk), accompanied by a filing fee (on record with the Town Planning & Zoning Administrator or Town Clerk). In the event the division involves the dedication and development of a Town road, the subdivider shall also file a Developer’s Agreement.

14-1-18 Review and Approval.

The CSM shall be reviewed by the Town Board for conformance with this Ordinance and all ordinances, rules, regulations, and Town Comprehensive Plan. The certified survey map shall be prepared by a registered land surveyor in accordance with the provisions contained in Chapter 236.34, Wisconsin Statutes, and shall show clearly on its face the following:

(1) All existing buildings, setbacks, water courses, drainage ditches, names of adjacent owners, setbacks to structures on adjacent property & other features pertinent to division of property, and distance from the section to the center-line of the road.

(2) Location of access to public road.

(3) Date of the map with a graphic scale.

(4) Name and address of the person for whom the survey was made.

(5) An owner's certificate and approval signature of the Town Chairperson, Town Planning & Zoning Administrator, and Town Treasurer's certificate in accordance with Chapter 236.21(3) Wisconsin Statutes, shall be the only approvals required for recording unless additional approvals are necessary for dedication purposes.

(6) All corners shall be monumented, as required by the State Statutes.

(7) Prepared on durable white paper, on tracing cloth, or paper (that can be copied), 8 ½ inches wide by 14 inches long. The scale shall not be more than 500 feet to the inch.

(a) The map shall include the certificate of the surveyor, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked and established in the United States public land survey. The surveyor's certificate shall state that he has complied with the requirements of Chapter 236 of the Wisconsin Statutes.

(b) The Town Board shall approve, approve conditionally, or reject such Map within sixty (60) days from the date of filing of the Map unless the time is extended by agreement with the subdivider. If the Map is rejected, the reason shall be stated in the minutes of the meeting and a written statement is forwarded to the subdivider. If the Map is approved, the Town Board shall cause the Town Planning & Zoning Administrator to so certify on the original Map and return the Map to the subdivider.

(c) If public right-of-way is being dedicated, an executed Developer’s Agreement shall be required for any proposed improvements as prescribed in Section 14-1-59 of this Ordinance. The petitioner will be obligated to pay all legal and professional fees associated with the Town’s review and approval of the Developer’s Agreement.

(d) The certified survey map shall be recorded with the County Register of Deeds. When a certified survey map has been so recorded, the parcels of land in the map may be described by reference to the number of the survey, the volume and page where recorded, and the name of the county. Any land or improvements offered for dedication and approved by the governing agency accepting the dedication shall be deeded at the time of recording, unless otherwise arranged.

SUBDIVISION PROCEDURE

14-1-19 Preliminary Consultation.

When it is proposed to divide land into five (5) or more lots or building sites by successive division, the subdivider shall subdivide in accordance with the following procedures:

(1) The subdivider shall have an initial consultation with Town Planning & Zoning Committee and any other people deemed necessary, including a Sanitary District representative, Town Planner/Engineer, or County staff, before proceeding with platting procedures. The petitioner will be asked to submit a concept plan and meet with the Planning & Zoning Committee on the site proposed for platting. The purpose of this consultation is to review the site together with the petitioner and establish the parameters, regulations, and policies regarding the following issues:

(a) The suitability of the site for development,

(b) The accessibility of the site,

(c) The availability of public facilities (sewer, school, parks, water, etc.) and public services (police, fire, etc.),

(d) Soil conditions and drainage patterns,

(e) The effect of the proposed development on any contemplated improvements,

(f) Zoning of the site and regulations that apply,

(g) Required public improvements.

(h) Consistency with the Town's Comprehensive Plan

(2) The subdivider shall submit a concept plan on a topographic survey map indicating the nature of the above conditions. The initial concept plan should take into account the intent of this ordinance as well as any other reviewing agencies' comments obtained in contacts with the appropriate agencies. Additional meetings may be required if the concept plan needs to be significantly altered to meet the criteria identified in this ordinance.

(3) The concept plan will be reviewed as it relates to:

(a) Topography, based on a U.S.G.S Quadrangle map,

(b) The improvements, design, dedications, or reservations required by these regulations,

(c) Continuity to existing development within 300 feet of all boundaries,

(d) Regulations as set down by Chapter 236 of the Wisconsin Statutes,

(e) Consistency with the Town's Comprehensive Plan and any other Town ordinances and policies,

(f) An appropriate amount of conservation area based upon the zone in which it is located.

(g) For property within a Town Sanitary District, the proposed plat must be consistent with the Sanitary District’s plans for providing sanitary sewer service, as determined by the Town Sanitary District, or in areas not served by public sanitary sewer, Winnebago County will issue permits for private sanitary sewer systems.

14-1-20 Developer’s Agreement.

As part of the Preliminary plat submission, the Town requires the subdivider to provide a Developer’s Agreement. An example of a Developers Agreement is available from the Town Planning & Zoning Administrator. Such an agreement must be approved by the Town Board during the final plat review process. The petitioner will be obligated to pay all legal and professional fees associated with the Town’s review and approval of the Developer’s Agreement. An Escrow fund or irrevocable letter of credit shall be established in the name of the Town of Rushford to enable the Town to pay for any plat improvements, if the developer fails to construct such improvement or make payment for work completed. Any fees that are part of the Developer's Agreement shall be paid prior to town approval of the final plat.

14-1-21 Preliminary Plat Review.

1) At least thirty (30) days prior to the Planning & Zoning Committee meeting, the subdivider shall file with the Town Planning & Zoning Administrator, the following items for Preliminary Plat Review:

(a) Three (3) full size copies of a 24” x 36” scaled Preliminary Plat, plus one (1) additional full size copy for the City of Omro, if the plat lies within one and a half miles of the City of Omro’s extraterritorial jurisdiction.

(b) Nine (9) 11" by 17" copies of the Preliminary Plat.

(c) Application form (available from the Town Clerk or Planning & Zoning Administrator)

(d) A filing fee (on record in the Town Clerk’s office)

2) Said filing must occur with the Town Planning & Zoning Administrator at least thirty (30) days prior to the Planning & Zoning Committee meeting. The subdivider should also file a copy with the utility companies, (Sanitary Districts, if applicable, Power Company, Telephone Company, and Cable Company), having jurisdiction over the subject area so that required easements can be determined. A subdivision within a Sanitary Sewer Service District and Sewer Service Area must include District sanitary sewer service. A subdivision in a Sanitary District but not in the Sewer Service Area shall include a statement on the face of the plat that homeowners must connect to sanitary sewer, at their own expense, once it is installed in an abutting street right-of-way. This statement shall also be a separate recorded document and shall apply to future owners of the lots that are listed in the document.

3) Response from utility companies shall be submitted for informational purposes to the Town Planning & Zoning Administrator when the Preliminary Plat is filed.

4) Within ten (10) working days after filing, the Town Planning & Zoning Administrator shall transmit the following copies (as provided by the applicant):

(a) Five (5) 11 inch by 17 inch copies to the Planning & Zoning Committee

(b) One (1) full size copy to the City of Omro, if the plat lies within one and a half miles of the City of Omro’s extraterritorial jurisdiction.

(c) Three (3) 11 inch by 17 inch copies to the Town Board,

(d) One (1) full size copy for Meeting display and Clerk’s Copy

(e) One (1) full size copy to the East Central Regional Planning Commission, and

(f) One (1) full size copy to the Town Engineer/Planner

5) The subdivider (developer) will be responsible for submitting the required copies to Winnebago County and State Agency that is responsible for reviewing the preliminary plat according to 236.12 (6) of the Wisconsin Statutes. A copy of the transmittal letter shall be forwarded to the Town Planning & Zoning Administrator. State review comments returned to the subdivider shall be forwarded to the Town Planning & Zoning Administrator for inclusion in the Town’s review. If no objections were made by State Reviewing agencies, the subdivider is supplied with a State certified copy. The subdivider must provide the Town with a copy of the State certification indicating no objections were found. If an objecting Agency fails to act within forty (40) days, it shall be deemed to have no objection to the plat.

6) The Preliminary Plat shall be reviewed by the Planning & Zoning Committee for conformance with this ordinance and all other ordinances, rules, regulations, and Town Comprehensive Plan. The Preliminary Plat shall then be forwarded to the Town Board with a recommendation for approval or rejection. The Town Board is hereby designated as approving authority for all Preliminary Plats.

7) Within ninety (90) days of the date of filing the Preliminary Plat with the Town Planning & Zoning Administrator (unless time is extended by mutual consent with the applicant), the Town Board shall approve, approve conditionally, or reject such Plat, in accordance with Section 236.11(1) of the Wisconsin Statutes. Failure of the Town Board to act within ninety (90) days shall constitute an approval. One (1) copy of the Plat shall be returned to the subdivider with the date and action endorsed thereon. If approved conditionally or rejected, a letter setting forth the conditions of approval or the reasons for rejection shall accompany the plat. A copy of the plat and letter shall be filed in the Town Planning & Zoning Administrator's office.

8) Approval or conditional approval of the Preliminary Plat by the Town Board shall be deemed an expression of approval or conditional approval of the proposed Subdivision. If the Final Plat conforms substantially to the Preliminary Plat as approved, including any conditions of that approval and to Town plans and ordinances, the Town shall approve the Final Plat if submitted within 24 months of the last required approval of the Preliminary Plat.

9) Because Winnebago County has the authority to review any subdivision within the Town, the subdivider shall comply with the most restrictive requirements of either the Town or County. If either the County or Town deem conditions to be unclear, a joint meeting could be requested by either entity to clarify the most restrictive conditions.

10) Approval or conditional approval of a preliminary plat does not constitute or bind the Town of Rushford to automatic approval of the final plat.

14-1-22 Final Plat Review.

1) At least thirty (30) days prior to the Planning & Zoning Committee meeting, the subdivider shall file with the Town Planning & Zoning Administrator, the following items for the Final Plat Review:

(a) Three (3) full size copies of a 24” x 36” scaled Final Plat, plus one (1) additional full size copy for the City of Omro, if the plat lies within one and a half miles of the City of Omro’s extraterritorial jurisdiction.

(b) Nine (9) 11" by 17" copies of the Final Plat

(c) Application form (available from the Town Clerk or Planning & Zoning Administrator)

(d) A filing fee (on record in the Town Clerk’s office)

(e) A Developer’s Agreement

2) Within ten (10) working days after filing, the Town Planning & Zoning Administrator shall transmit the following copies (as provided by the applicant):

(a) Five (5) 11 inch by 17 inch copies to the Planning & Zoning Committee

(b) One (1) full size copy to the City of Omro, if the plat lies within one and a half miles of the City of Omro’s extraterritorial jurisdiction.

(c) Three (3) 11 inch by 17 inch copies to the Town Board,

(d) One (1) full size copy for Meeting display and Clerk’s Copy

(e) One (1) full size copy to the East Central Regional Planning Commission, and

(f) One (1) full size copy to the Town Engineer/Planner

3) The subdivider (developer) will be responsible for submitting the required copies to Winnebago County and State Agency that is responsible for reviewing the final plat according to 236.12 (6) of the Wisconsin Statutes. State review comments returned to the subdivider shall be forwarded to the Town Planning & Zoning Administrator for inclusion in the Town’s review. If no objections were made by State Reviewing agencies, the subdivider is supplied with a State certified copy. The subdivider must provide the Town with a copy of the State certification indicating no objections were found. If an objecting Agency fails to act within thirty (30) days, it shall be deemed to have no objection to the plat.

The Final Plat, may, if permitted by the Town Board, constitute only that portion of the approved Preliminary Plat that the subdivider proposes to record at that time, with any conditions of approval. If the Final Plat is not submitted within twenty-four (24) months of the last required approval of the Preliminary Plat, the Town Board may refuse to approve the Final Plat and may require the subdivider to resubmit a Preliminary Plat subject to Section 14-1-22, unless the Town and Land developer can reach an agreement as to extending the approval time.

4) Following a recommendation from the Planning & Zoning Committee, the Town Board shall, within sixty (60) days of the date of filing the original Final Plat with the Clerk, approve or reject such Plat in accordance with Section 236.11(2) of the Wisconsin Statutes, unless the time is extended by agreement with the subdivider. If the Plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider with a copy to the Planning & Zoning Committee. The Town Board may not approve the Final Plat unless the Clerk certifies on the face of the Plat that the copies were forwarded to objecting agencies as required herein, the date thereof, and that no objections have been filed within twenty (20) days, or, if filed, have been met.

Failure of the Town Board to act within sixty (60) days, with no time extensions, and no unsatisfied objections having been filed, shall cause the plat to be approved (SS 236.11 (2)).

14-1-23 Recordation.

Following Final Plat approval by the Town Board and required improvements either installed or a Developer’s Agreement and sureties ensuring completion of installation are executed and filed, the Town Planning & Zoning Administrator shall cause the certificate inscribed upon the Plat. The plat must be recorded in the Winnebago County Register of Deeds office within 6 months after the date of the last approval of the plat and within 24 months after the first approval.

GENERAL PLAT REQUIREMENTS

14-1-24 Preliminary Plat Requirements.

A preliminary plat shall be required for all major subdivisions and shall be based upon a survey by a registered land surveyor and the plat prepared on reproducible material at a scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

(1) Title under which the proposed subdivision is to be recorded.

(2) Legal description and general location of proposed subdivision and relative location to a nearby municipality.

(3) Date, scale and north arrow.

(4) Names & addresses of the owner, subdivider and land surveyor preparing the plat

(5) Existing Parcel numbers.

(6) Entire area contiguous to the proposed plat owned or controlled by the applicant shall be included on the preliminary plat even though only a portion of such area is proposed for immediate development. The Town Board may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and undue hardship would result from strict application thereof.

(7) Approximate length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the U. S. Public Land Survey and the total acreage encompassed thereby.

(8) Contours at vertical intervals of not more than two feet where the slope of the ground surface is less than 10% and of not more than five feet where the slope of the surface is 10% or more. Elevations shall be marked on such contours based on mean sea level datum or, where in the judgement and recommendation of the Planning & Zoning Committee, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used.

(9) Water elevations of adjoining lakes and streams at the date of survey, ordinary high water elevation, and designated floodplains, wetlands, shoreland boundaries, and surface water drainageways regulated under the authority of the Winnebago County Town/County Zoning Ordinance and Sections 14-1-54 and 14-1-55 of this ordinance.

(10) Location, right-of-way width and names of all existing and proposed streets, alleys or other public ways, easements, railroads and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.

(11) Location and names of any adjacent subdivisions, parks, schools, and cemeteries and owners of record of abutting unplatted lands.

(12) Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established centerline elevations, all to the datum used for the contours.

(13) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drainpipes, the location of manholes, catch-basins, hydrants, power and telephone poles and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by their directions and distance from the tract, size and invert elevations.

(14) The soil types and their boundaries, and the location and results of soil evaluations on plats served by on-site system

(15) Locations of all existing property boundary lines, structures, drives, streams and water courses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant features within the tract being subdivided or immediately adjacent thereto.

(16) Dimensions of all lots, together with proposed lot and block numbers.

(17) In the preliminary plat stage, show the location & dimensions of sites to be reserved or dedicated for parks, playgrounds, pedestrian walkways, drainageways or other public use, or which are to be used for group housing, shopping centers, church sites or other non-public uses not requiring platting. In Cluster Subdivisions, conservation areas must be identified

(18) Approximate radii of all curves.

(19) Existing zoning and proposed use on and adjacent to the proposed subdivision.

(20) Corporate limit lines.

(21) Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access.

(22) Any proposed lake and stream improvement or relocation and proposed filling, grading, lagooning and dredging and the notice of application for the State Department of Natural Resources, and Corps of Engineers, approval, when applicable.

(23) Seasonally wet areas.

(24) Any additional information required by the Planning & Zoning Committee, Town Planning & Zoning Administrator Town Engineer, or Town Board, to complete the review

14-1-25 Street Plans and Profiles.

The subdivider shall provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, when requested by the Town, and all elevations, plans and profiles shall meet the approval of the Town designated Engineer.

14-1-26 Testing.

The Town designated Engineer may require that borings and soundings be made in designated areas to ascertain subsurface soil, rock and water conditions including the depth to bedrock and the depth to groundwater table.

14-1-27 Covenants.

The Planning & Zoning Committee shall require submission of a draft of protective covenants whereby the applicant intends to regulate land use in the proposed subdivision and otherwise protect the proposed development.

14-1-28 Affidavit.

The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct representation of all existing land divisions and features and that he has fully complied with the provisions of this chapter.

FINAL PLAT REQUIREMENTS

14-1-29 General Requirements.

A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of Sec. 236.20, Wisconsin Statutes. The final plat shall comply in all respects with the requirements of Sec. 236.20, Wisconsin Statutes, along with the following:

(1) All building setback lines based on Table 1 of this Ordinance, which is the Town of Rushford’s Zoning Setback requirements.

(2) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat. If common property is located within the plat, then provisions for its use and maintenance must also be provided with the plat.

(3) Exact street width along the line of any obliquely intersecting street.

(4) Railroad rights-of-way within and abutting the plat.

(5) Additional setback lines or yards required by the subdivider which are more restrictive than the zoning district in which the plat is located are to be included in recorded covenants.

(6) Location of soil percolation and soil boring tests shall be shown on all plats to be served by on-site sanitary systems.

(7) Floodplain and shoreland boundaries and the contour line lying a vertical distance of two feet above the elevation of the 100 year recurrence interval flood or, where such data is not available, five (5) feet above the elevation of the maximum flood of recorded within the exterior boundaries of the plat or located within 100 feet therefrom.

(8) All lands reserved for future public acquisition, dedication or reserved for the common use of property owners within the plat. If property reserved for common use is located within the subdivision, provisions and plans for its use and maintenance shall be submitted with the plat.

(9) Special restrictions required by the Town Board and any other approving or objecting agency relating to access control along public ways, the provision of planting strips or the treatment of shoreland and floodplains.

(10) Consistency with the State Plane Coordinate System.

(11) Any covenants that will be filed with or separate from the final plat.

(12) When residential subdivisions, including CSM’s, are platted adjacent to a non-residential use, i.e. agricultural (such as a farm operation), nonmetallic mining (such as a quarry operation), or commercial/industrial operation, the subdivider shall include a statement on the face of the plat that future owners of homes need to be aware of and understand the implications of living next to the specific non-residential use. The disclosure language shall be subject to the review and approval of the town.

14-1-30 Surveying and Monumenting.

All final plats shall meet all the surveying and monumenting requirements of Sec. 236.15, Wisconsin Statutes.

14-1-31 Certificates.

All final plats shall provide all the certificates required by Sec. 236.21, Wisconsin Statutes, and in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter and shall provide a certificate for Town Board approval.

CONDOMINIUM PLATS

14-1-32 General.

It is the intent of this section to regulate condominiums as it is related to zoning and for the division of land for the purpose of establishing a condominium plat.

14-1-33 Preliminary Consultation.

Prior to submitting an application for approval of a condominium plat the subdivider shall consult with the Town to become informed of the purpose and objectives of these regulations.

In order to facilitate the consultation the subdivider shall provide a plat plan drawn to reasonable scale depicting the general lot layout, exterior property boundary, roadways, known easements and unique natural features.

MINOR CONDOMINIUM PLATS

14-1-34 Submittal.

Creation of a minor condominium plat shall be by certified survey map of less than 5 lots. The certified survey map shall be submitted to the Town following procedures as set forth under Minor Land Divisions, 14-1-18 of this ordinance and shall be prepared according to 236.34 and 703.11, Wis. Stats.

MAJOR CONDOMINIUM PLAT

14-1-35 Preliminary Plat Submittal.

(1) The subdivider shall prepare a preliminary plat in accordance with this chapter. The applicant shall file a copy directly to the County and provide the Town eight copies of the preliminary plat, and the required number of copies for the County Zoning Department and any adjoining city or village, if in the extraterritorial plat approval jurisdiction.

(2) In addition, condominium plats shall comply with the jurisdictional authority granted to Winnebago County Town/County Zoning Ordinance.

14-1-36 Fee.

(1) An application fee as set forth by the Town of Rushford fee schedule shall be paid in full at the time of submittal of the preliminary plat.

(2) Plats must be submitted simultaneously to all approving agencies and fees paid accordingly.

14-1-37 Preliminary Plat Requirements.

Refer to the provisions of the typical Preliminary Plat requirements as found in Sections 14-1-25 through 14-1-29 of this chapter.

14-1-38 Preliminary Plat Review and Approval.

(1) In order to facilitate public comment, the Town Board shall notify all property owners within 300 feet of the subject site with a meeting agenda concerning the subject site utilizing first class mail with an affidavit of mailing at least 10 (ten) days prior to the date of such meeting. The Town Board shall conduct a meeting to review the Plat for conformance with this chapter and all other ordinances, rules, regulations that affect the Plat. At this meeting, the Town Board shall permit the public to comment on the proposed plat. The Town Board shall either approve, approve conditionally, or reject the Preliminary Plat within ninety (90) days of submittal. If the Town Board takes no actions within 90 days, the Condominium Plat is approved.

(2) Exception. Condominium plats which are located within the jurisdictional authority of the Winnebago County Town/County Zoning Ordinance.

14-1-39 Surveying.

All final plats shall meet all the surveying requirements of Sec. 703.11 Wisconsin Statutes.

14-1-40 Certificates.

All final plats shall provide the surveyor's certificate required by Sec. 703.11(4) Wisconsin Statutes, and in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter and shall provide a certificate for Town approval.

14-1-41 Fee.

(1) An application fee as set forth by the Town shall be paid in full at the time of submittal of the final plat.

(2) Conditional Use Permit. Condominium plats which are located within the jurisdictional authority of the Winnebago County Town/County Zoning Ordinance requiring conditional use permit according to Sec. 17.08 and Sec. 17.25 for planned unit developments will be required to pay a separate fee to the County.

14-1-42 Recordation.

After the final plat has been approved by the Town, Winnebago County and any other approving agencies, the subdivider shall record the plat with the County Register of Deeds in accordance with Sec. 703.11 Wisconsin Statutes.

14-1-43 Modifications.

Modifications to either a condominium plat or declaration shall require review and approval by the Town. If the Town determines the modification to substantially modify the original approval, it may require resubmittal for review and approval as if it were a new submittal according to the provisions of this section.

REPLAT

14-1-44 Replat.

In accordance with Section 236.36, Wisconsin Statutes, a replat of all or any part of a recorded subdivision which does not alter areas previously dedicated to the public may be made by complying with Section 14-1-20 through 14-1-24 of this Ordinance. When a proposed replat involves alteration or vacation of areas previously dedicated to the public, the subdivider shall vacate or alter the recorded plat in accordance to Chapter 80 of the Wisconsin Statutes

DESIGN STANDARDS

14-1-45 Street Arrangement.

The subdivider shall dedicate land for and improve streets as provided herein.

(1) Streets shall be consistent with the general location of collector and arterial streets from Official Mapped street maps (City of Omro, or future Town Official Maps). In areas for which an official map has not been completed, the street layout shall recognize the functional classification of various street types and shall be developed and located in proper relation to existing and proposed streets, with due regard to topographical conditions, natural features, utilities, land uses and public convenience and safety.

(2) All land divisions shall be designed so as to provide each lot with satisfactory access to a public street as provided herein.

(3) The following conditions shall apply for street arrangement in all proposed land divisions:

(a) Arterial Streets. Arterial streets shall be arranged so as to provide ready access to centers of employment, high-density residential areas, centers of government activity, community shopping areas, community recreation and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar practicable, continuous and in alignment with existing or planned streets with which they are to connect.

(b) Collector Streets. Collector streets shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic or the major street and highway system and shall be properly related to special traffic generators such as schools, churches and shopping centers and other concentrations of population; and to the major streets into which they feed.

(c) Minor Streets. Minor streets shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems and to require the minimum street area necessary to provide safe and convenient access to abutting property.

(d) Street Intersections.

1 Streets shall intersect each other as nearly as possible at right angles and not more than two streets shall intersect at one point unless approved by the Town Board.

2 The number of intersections along major streets and highways shall be held to a minimum. Access to county roads shall be administered by the Winnebago County Highway Department. Otherwise, wherever practicable, the distance between such intersections should not be less than 600 feet.

3 Street jogs with centerline offsets of less than 125 feet shall not be approved.

(e) Proposed Streets. Proposed streets shall extend to the boundary lines of the tract being divided, unless prevented by topography or other physical conditions or unless, in the opinion of the Town Board, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of adjacent land tracts. Such streets shall terminate with a temporary turnaround of 120 feet right-of-way diameter and a roadway of not less than 90 feet in diameter.

(f) Arterial Street and Highway Protection. Whenever the proposed land division contains or is adjacent to a major street or highway, adequate protection of residential properties is required. Adequate protection is met by limiting access and separating through and local traffic and shall be provided by reversed frontage, with screen planting contained in a non-access reservation along the rear property line or by the use of frontage streets.

(g) Reserve Strips. Reserve strips controlling access to streets or alleys shall be prohibited except where their control is definitely placed with the Town or County.

(h) Alleys. Alleys may be required in commercial and industrial districts to provide for off-street loading and service access, but shall not be approved in residential districts unless required by unusual topography or other exceptional conditions. Dead-end alleys shall not be approved and alleys shall not connect to a Federal, State or County Trunk Highway.

(i) Street Names. Street names shall not be duplicated or be similar to existing street names and existing street names shall be projected or continued wherever possible.

14-1-46 Street Design Standards.

(1) The minimum right-of-way of all proposed streets shall be as specified on the adopted Town Road Construction Ordinance, available in the Town Clerk’s office.

(2) Minimum roadway width and surface width of all new land division roads shall comply with the Developer’s Agreement or Section 86.26, Wisconsin Statutes, whichever is more restrictive.

(3) Cul-de-sac streets designed to have one end permanently closed should not normally exceed 600 feet in length, but can be up to 1,000 feet in length provided density is not more than 15 housing units being served by said street. The Town may require an Official Mapped Street Stub or future connection to an existing road to decrease the permanent length of a cul-de-sac street. Such streets shall terminate in a circular turnaround having a minimum right-of-way diameter of 130 feet and a minimum roadway pavement diameter of 100 feet.

(4) Street grades shall comply with the Developer’s Agreement, supplemented by Sec. 86.26, Wisconsin Statutes. Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth and general leveling of the topography.

(5) Radii of curvature - When a continuous street centerline deflects at any one point by more than 10 degrees, a circular curve shall be introduced having a radius of curvature on such centerline of not less than 100 feet on minor streets. In general, arterial streets should have a flatter horizontal and vertical curve than minor streets.

(6) Half streets shall be prohibited except where:

(a) The other half has already been dedicated.

(b) Its alignment is shown on an officially adopted street plan.

(c) Vision corner easements shall be required along State Highways. The petitioner shall contact The Department of Transportation’s District Office in Green Bay to obtain current standards for vision corner requirements on a State Highway.

(d) Any new or rebuilt bridges, culverts or roadways, built within a Floodplain District, shall meet all of the requirements established under the County’s Floodplain Ordinance, and other Town/County Ordinances.

14-1-47 Ingress and Egress on Limited Access Highways.

Where a tract, lot or parcel of land abuts a County controlled limited access highway, defined in Chapter 7 of the Winnebago County General Code, access shall be provided by one of the following:

(1) Access control permit issued by the County Highway Department. The Road access permit shall be issued and the number shall be shown on the face of the CSM or Plat before said documents are recorded.

(2) Easement to use an existing access.

(3) Frontage road dedicated to the public having an approved access.

(4) Variance approved by the Winnebago County Board of Adjustment.

If access is provided by an easement to use an existing access, then the following provisions shall apply:

(a) The parent parcel having an existing access shall allow access to each subsequent parcel; and

(b) Each subsequent parcel shall allow access to each additional subdivided parcel, not to exceed the maximum spacing requirements of Chapter 7, Winnebago County General Code.

(c) Setback requirements will be applicable to the Town of Rushford’s Zoning Setback requirements as shown on Table 1.

(d) Easement right-of-way shall be a minimum of 66 feet in width, and shall not include public right-of-way (overlap) within the easement width.

14-1-48 Limited Access Highway and Railroad Right-of-Way

Whenever the proposed land division contains or is adjacent to a limited access highway or railroad right-of-way, the design shall provide the following treatment:

(1) When residential lots within the proposed land division back upon the right-of-way of an existing or proposed limited access highway or railroad, the following restriction shall be lettered on the face of the plat: "Direct vehicular access to (Name of Road) from lots abutting such road is prohibited".

(2) Commercial and industrial districts should provide, on each side of the limited access highway or railroad right-of-way, streets approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such street and highway or railroad right of ways, but not less than 150 feet.

(3) Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street, highway or collector street which crosses such railroad or highway, shall be located at a minimum distance of 250 feet from such highway or railroad right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.

(4). Minor streets immediately adjacent and parallel to railroad right-of-way should be avoided.

(5). State of Wisconsin setback requirements from a state highway

14-1-49 Blocks.

The widths, lengths and shapes of blocks shall be suited to the planned use of the land, zoning requirements, need for convenient access, control and safety of street traffic and the limitations and opportunities of the topography.

(1) LENGTH - Blocks in residential areas should not as a general rule be less than 500 feet nor more than 1,500 feet in length unless otherwise dictated.

(2) WIDTH - Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic or where lots abut a lake or stream. Width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning provisions for such use.

14-1-50 Utility Easements.

All utility lines for electric power and telephone service shall be placed on mid-block easements along rear lot lines whenever carried on overhead poles, except where lots abut a lake or stream or where such location is deemed engineeringly unfeasible by the utility company involved. At the discretion of the Town, all utility lines may be required to be buried.

14-1-51 Lots and Land Area.

The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the building contemplated.

(1) Side lot lines should be at approximate right angles to straight street lines or radial to curved street lines on which the lots face. Lot lines shall follow Town boundary lines rather than cross them.

(2) Double frontage and reversed frontage lots shall be prohibited, except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation.

(3) Lot frontage.

(a) Lot Frontage requirements are identified by Zoning Category in the Town of Rushford Zoning Code (Table 1).

(b) A CSM or Plat creating a new parcel without frontage on a public street shall contain the following statement:

1 Applicable Town Requirements: Applications for Town zoning permits for residential structures (principal or accessory) and all other principal structures, except agricultural, shall not be considered for approval until the parcel meets the public street frontage and lot width requirements of the applicable non-agricultural zoning district (as noted in Table 1).

2 Area and dimensions of lots shall conform to the requirements of Table 1 of this Ordinance and 14-1-8 for the town’s lot size restrictions based on geographic zones.

(4) Whenever a tract is subdivided into parcels with area in excess of the zoning requirements, such parcels should be arranged and dimensioned so as to allow re-division of any such parcels into normal lots in accordance with the provisions of this chapter.

(5) Lots should be designed and a suitable proportion between width and depth. Lots that are long, narrow, wide, or shallow are normally desirable. Normal depth should not exceed 2 1/2 times the width nor be less than 150 feet.

(6) Width of lots shall conform to the requirements of Table 1

(7) Corner lots shall be designed with extra width to permit adequate building setback from both streets.

14-1-52 Building Setback Lines.

Building setback lines shall conform to the requirements established in the Town of Rushford’s Zoning requirements (Table 1), and shall be shown on the preliminary plat for determination of buildable area..

14-1-53 Surface Water Drainage

A subdivision in the Town of Rushford shall comply with provisions of Section 17.31 (Storm Water and Erosion Control) of the Winnebago County Town/County Zoning Ordinance.

14-1-54 Creation or Enhancement of Water Features.

A Homeowners Association is encouraged to be established to own and maintain a privately created pond or lake, or enhancement of a quarry or other body of standing water, within the boundary of any subdivision. The Homeowners Association document may specify that all lot owners within the Subdivision shall have equal rights to said water feature.

14-1-55 DEDICATIONS AND IMPROVEMENTS

Dedication and Reservation Of Lands.

Whenever a tract of land to be divided by certified survey or subdivision includes all or any part of land designated in an adopted regional, county, or town trails plan or plan component, the location and dimensions of such public land shall be identified on the certified survey map or plat and either be dedicated to the public or be reserved for acquisition by the county, the town, or the other public entity for a period not to exceed three years from the date the certified survey map or plat is recorded with the Winnebago County Register of Deeds, unless the time period is extended by the agreement of the subdivider, subsequent owner of the property, or other authorized party, with the county, town, or other public entity

If the Town of Rushford Comprehensive Plan requires a dedication of less trail area than is required by Section 14-1-56 (2), then the subdivider shall pay the in-lieu-of amount for the difference. If the Town of Rushford Comprehensive Plan requires a dedication of more town or County owned public land than is required by Section 14-1-57 (2), the subdivider will be reimbursed for the undeveloped land value of the additional trail area.

(1) Dedication of Open Space.

(a) Each subdivider, whether by subdivision or by certified survey map, shall provide public trail area as required by this section.

(b) Each subdivider shall dedicate 1,500 square feet of land to the town for each housing unit, provided land in the subdivision is shown on the Town's Comprehensive Plan as a trail. This dedication shall be at no cost to the town.

(c) The town board shall determine the number, size, and location of all dedications after considering the recommendation of the Town Planning & Zoning Committee. The Town Board has the right to refuse any dedication of land it determines is unsuitable for trails.

(2) Payment in Lieu of Dedication

(a) If the Town, in its sole discretion, determines that the land proposed to be dedicated is not suitable, because said land is not shown as a potential park or Trail, or has unexpected contamination, or upon the mutual agreement of the subdivider and the Town, the subdivider shall pay in lieu of said dedication. These fees shall be paid prior to recording the CSM or Plat in the Winnebago County Register of Deeds office.

(b) Trail fees (based upon the market value of undeveloped land just prior to development, and upon projected public land development costs and projected adjacent street and utility costs) shall be updated periodically by the Town Board and become effective upon approval by Resolution of the Town Board. The proportion of such costs to be covered by these fees and by projected property taxes from the new development shall also be updated by said Resolution.

(c) In-lieu-of payments received by the Town shall be deposited in a segregated, non-lapsing fund to be used for new trail development, including site acquisition and related capital improvements. Disbursement from such funds shall be made only upon specific approval of the Town Board upon considering the recommendation of the Town Planning & Zoning Committee.

(d) The development of public land facilities shall be located in the vicinity of the land from which the funds are based. Such facilities shall be owned, operated and maintained by either the County or the town.

(3) Unimproved Land

(a) The average value hereby established for the amount of undeveloped land, at the time of division (whether by platting or CSM) upon which trails are to be located as set forth in (2)(b) above, shall be $200 per lot or dwelling unit potential, whichever is greater, or as updated by resolution per (3) above. This lot/unit value is based upon $15,000.00 per acre average for developable lands, and $1,000.00 per acre for wetlands.

(b) Whenever the divider or the Town feels said average value unfairly represents the value of the specific tract being considered for dedication or for public purchase in lieu of dedication, the Town Assessor shall determine a fair value for the tract at the expense of the Town. If the Assessor's determination is not satisfactory to one of the parties, the Town shall contract an appraiser acceptable to both parties. The cost of this appraiser's services shall be divided equally between the parties. If the parties still cannot reach agreement on value, either party may appeal the matter to the Circuit Court of Winnebago County for resolution by the Court.

(4) Public Land Development Fees.

The average cost for public use space set forth in (2)(b) above shall be $150 per lot or dwelling unit potential in the development.

(5) Appraisal Requirements.

If such lands or facilities have been acquired in whole or in part with Town funds, not totally from the nonlapsing fund established in subparagraph (c) of this section, then an appraisal of the land or facilities shall be prepared and the Town Board may acquire said land for an amount not to exceed the appraised value less the amount of funds applied from the nonlapsing fund established in this section.

14-1-56 Improvements.

No construction or installation of improvements shall commence in a proposed subdivision until the Final Plat and a Town Developer’s Agreement (as specified in 14-1-21) has been approved and executed by the Town of Rushford. The subdivider shall file, along with the Town Developer’s Agreement, a surety bond or other satisfactory security meeting the approval of the Town Board as a guarantee that such improvements will be completed by the subdivider or his subcontractors within the time limit established by the Town Board. The subdivider must have a Town approved Road or other Developer’s Agreement at the time of Final Plat Approval.

Building permits for any type of structure will not be issued in an approved subdivision until the roads have met the requirements for issuance of building permits as set forth in the Town of Rushford Roads and Highways Ordinance.

14-1-57 Plans

Plans and accompanying construction specifications are required in the Town of Rushford Developer’s Agreement before authorization of construction or installation of improvements can be made.

The subdivider is strongly urged to obtain a sample copy of the Town of Rushford Developer’s Agreement from the Town Planning & Zoning Administrator during Rushford Town Hall hours prior to commencing any platting activity in the Town of Rushford. The developer will be required to provide information as called for in the Developer’s Agreement and file a copy for review of a Certified Survey Map (section 14-1-18, if roadway is being created) and final plat application (section 14-1-30)

14-1-58 Inspection.

The applicant, prior to commencement of any work within the land division, shall make arrangements with the Town Board to provide for adequate inspection. The Town Board shall inspect and approve all completed work prior to release of the sureties, 6 months after completion of work and at the request of the subdivider.

14-1-59 Public Sanitary & Private Sewage Disposal Systems.

Any Sanitary District within the Town shall determine the feasibility of service and the procedures to be followed by the owner of a proposed subdivision within said District. Also the following shall apply:

(1) MAJOR LAND DIVISIONS and MAJOR CONDOMINIUM PLATS shall be served by a public sanitary sewage in a sanitary district as part of a public sewer system, or a private sewer system, approved by Winnebago County. Private holding tanks are expressly prohibited.

(2) MINOR LAND DIVISIONS and MINOR CONDOMINIUM PLATS may be served by a private sewer system, approved by Winnebago County.

CLUSTER/CONSERVATION SUBDIVISIONS

14-1-60 Purpose.

Grouping of residences in clusters will permit individual minimum lot sizes (as zoned) to be reduced, provided that overall density within the subdivision is maintained. The remaining undeveloped area within the subdivision can be used to provide common conservation area and preserve the scenic qualities of an applicable environmentally sensitive area. Grouping of residences will facilitate common water and sewage disposal systems and encourage the improved use of the land respecting the preservation of natural resources.

14-1-61 Review.

Cluster subdivisions shall be submitted for review according to 14-1-20 to 14-1-24 of this chapter. The petitioner will be asked to submit an “existing features map” and meet with the Planning & Zoning Committee on the site proposed for platting. The “existing features map” should include the following:

(1) A topography map, based on a U.S.G.S. Quadrangle map;

(2) The location of environmentally sensitive elements such as steep slopes (over 25%), wetlands, watercourses, intermittent streams and 100-year floodplains, and all rights-of-way and easements;

(3) Soil boundaries as shown on the Winnebago County Soil Survey maps published by the Soil Conservation Service; and

(4) The location of significant features such as woodlands, treelines, open fields or meadows, scenic views into or out from the property, watershed divides and drainage ways, fences or stone walls, rock outcrops, and existing structures, roads, floodplains, wetlands, and steep slopes. The Existing Features Map shall form the basis for the concept plan, which shall also show the tentative location of houses, streets, lot lines, and conservation areas.

14-1-62 Requirements

A Cluster or Conservation Subdivision limits single family home development to 25% of the land (can be increased to 40% if the Town accepts incentives to relax density standards), with each residential lot being on at least one-acre. The Town of Rushford shall be given legal assurance that at least seventy-five percent (75%) (or not less than 60% based on accepted incentives) of a Cluster or Conservation Subdivision will remain undeveloped and not subdivided. This means that the minimum land area on an 80 acre Cluster or Conservation Subdivision in the A-2 District (without approved incentives) would need to have 60 acres remaining open and undeveloped and the developable 20 acres could have up to 20 housing sites. If this same 80-acre Cluster or Conservation Subdivision was granted the full incentives option, 48 acres would need to be involved and 32-acres with a maximum of 32 housing sites could be developed.

The land area set aside for open space or conservation areas seventy-five percent (75%) may consist of wetlands, lands that are generally inundated (under ponds, lakes, creeks, etc.), detention or retention ponds, land within the 100-year floodplain, slopes exceeding 25%, and soils subject to slumping and other lands that are not part of the platted lots or public right-of-way.

All lands within conservation areas are required to be protected by a permanent conservation easement, prohibiting further development, and setting other standards safeguarding the site's special resources from negative changes. This may be accomplished by the following means:

v In a CSM or Cluster Subdivision, open space that is required to be left undeveloped can become a conservation easement, a donation (if acceptable to the recipient) to the County, Town or other entity to create permanent open space, can be rented for farming, or can be conveyed to any other entity or person that will only use the land as undeveloped open space.

v In a Conservation Subdivision, the vacant land must be owned and maintained by a Homeowners Association.

Conveyance to owners of lots in the development. If the land is to be reserved for use by owners of lots in the development, the land shall be conveyed for use to a homeowners association or similar legally constituted body, which shall also maintain the conservation easement.

Dedication to the Town of Rushford or other governmental body or a recognized land trust or conservancy. Lands dedicated to the public must be accepted by appropriate action of the governing body of the accepting unit of government. Lands dedicated to the Town of Rushford shall be clearly noted on the face of the Final Plat as dedicated to the Town of Rushford. Public street dedication shall meet the conditions of a Town of Rushford Developer’s Agreement.

Conservation areas shall be designated as undivided open space, to facilitate easement or land dedication monitoring and enforcement, and to promote appropriate management by a single entity according to approved land management standards.

Water supply and sewage disposal shall meet the minimum standards of all State, County, Sanitary District, or Town regulations.

The Design Standards, as outlined within this Ordinance, may, at the discretion of the Town Board, be relaxed as an incentive in developing Cluster Subdivisions. Standards that can be relaxed in order to permit more creative land division design include, but are not limited to, lot size, width, depth and shape, length of cul-de-sac roads, and road right-of-way width.

Pedestrian trails within a Cluster Subdivision may be required to be connected to any regional pedestrian trails wherever established or proposed by the Town of Rushford, Winnebago County, or the State of Wisconsin.

14-1-63 Conservation Area Percentage Adjustments

The seventy-five (75) percent requirement for permanent open space may be decreased for each of the following elements shown in the subdivision (maximum of fifteen (15) percent reduction):

(a) Community Well system (7.5%)

(b) Community cluster septic system (7.5%)

(c) Coordinated subdivision theme that includes subdivision identification signage, street name signs and lighting (2.5%)

(d) Other aesthetics not necessarily required by this ordinance, such as "fitness trails", docks with seating areas in ponds, or other features considered unique and imaginative that will add a distinctive feature and benefit to future residents and the Town (2.5%)

(e) Hard surfacing a pedestrian circulation system (2.5%)

All undivided conservation area and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the Town of Rushford and duly recorded with the Winnebago County Register of Deeds.

The required conservation area may be used for underground drainage fields for individual or community septic systems.

Stormwater management ponds or basins and land within the rights-of-way for underground pipelines may be included as part of the minimum conservation area.

14-1-64 Location of Conservation Areas.

The location of the conservation area that is conserved through compact residential development shall be consistent with the policies contained in the Town's Comprehensive Plan Implementation section regarding open space and multi-purpose trails, and with the recommendations contained in this section and the following section (“14-1-66:Evaluation Criteria").

A conservation area can include a 75-foot deep greenway buffer along all water bodies and watercourses, and a 50-foot greenway buffer alongside wetlands soils classified as "very poorly drained" in the medium-intensity county soil survey.

Cluster Subdivisions shall be designed around conservation areas. The design process should therefore commence with the delineation of all potential conservation areas, after which potential house sites are located, the road alignments identified, and lot lines drawn in as the final step.

Undivided conservation area shall be directly accessible to the largest practical number of lots. To achieve this, the majority of lots should abut undivided conservation areas in order to provide direct views and access. Safe and convenient pedestrian access to the conservation areas from all lots not adjoining the conservation area should be provided.

14-1-65 Evaluation Criteria.

The Zoning Committee and Town Board shall evaluate Cluster Subdivisions to determine whether the proposed conceptual preliminary plan:

(1)Protects and serves all floodplains, wetlands, and steep slopes from clearing, grading, filling, or construction (except as may be approved by the Town for essential infrastructure or active or passive recreation amenities).

(2)Preserves and maintains mature woodlands, existing fields, pastures, meadows, and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.

(3)If development must be located on open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads. Other considerations include whether the development will be visually buffered from existing public roads, such as by a planting screen consisting of a variety of trees, shrubs, and wildflowers.

(4)Maintains or creates an upland buffer of natural native species vegetation of at least 75 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds.

(5)Designs around existing hedgerows and treelines between fields or meadows, and minimizes impacts on large woodlands (greater than five acres), especially those containing many mature trees or a significant wildlife habitat. Also, woodlands of any size on highly erodible soils with slopes greater than 10% should be avoided. However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, great care shall be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields, etc.) in locations where there are no large trees or obvious wildlife areas, to the fullest extent practicable.

(6)Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. In wooded areas where the sense of enclosure is a feature that should be maintained, a deep "no-build, no-cut" buffer should be respected, to preserve existing vegetation.

(7)Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Environmental Protection Agency.

(8)Designs around and preserves sites of historic, archaeological, or cultural significance, and their environs, insofar as needed to safeguard the character of the feature, including stone walls, barn foundations, cellar holes, earthworks, and burial grounds.

(9)Protects rural roadside character and improves public safety and roadway carrying capacity by avoiding development fronting directly onto existing public roads.

(10) Provides mature Landscape plantings equal to at least five (five) trees (mixture of ornamental and shade tree) per each residential unit, interspersed throughout the subdivision in areas void of trees, cul-de-sac islands, and in visually strategic locations that will add aesthetic appeal to the overall development.

(11) Provides open space that is in a reasonably contiguous configuration. Fragmentation of open space should be minimized and not divided into numerous small parcels located in various parts of the development. To the greatest extent practicable, open space shall be designed as a single block with logical, straightforward boundaries. Long thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space should generally abut existing or potential open space land on adjacent parcels (such as in other subdivisions, public parks, or properties owned by or leased to private land conservation organizations). Such subdivision open space shall be designed as part of larger contiguous and integrated greenway systems, as per the policies in the Parks and Open Space and Multi-Purpose Trails Implementation section of the Town's Comprehensive Plan.

14-1-66 Ownership And Maintenance Of Open Space

Different ownership and management options apply to the permanently protected conservation areas created through the development process. The conservation areas shall remain undivided and shall be owned and maintained by a homeowners' association, the Town, County, or a recognized land trust or conservancy.

A public land dedication, not exceeding 10% of the total parcel size, may be required by the Town, through designated conservation areas, to facilitate public trail connections. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common space and public improvements, utilities, and conservation areas.

Conservation areas within a development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the Town:

(1) Offer of Dedication. The Town or other governmental agencies shall have the first and last offer of dedication of undivided conservation areas in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The Town may, but shall not be required, to accept undivided conservation areas provided: (a) such land is accessible to the residents of the Town; (b) there is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance; and (c) the Town agrees to and has access to maintain such lands. Where the Town accepts dedication of common conservation areas that contains improvements, the Town may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed eighteen (18) months from the date of acceptance of dedication. The amount of financial security shall not exceed fifteen percent (15%) of the actual cost of installation of said improvements.

(2) Homeowners' Association: The undivided conservation areas and associated facilities may be held in common ownership through a homeowners association. The association shall be formed and operated under the following provisions:

(a) The subdivider shall provide a description of the association, including its bylaws and methods for maintaining a conservation area easement.

(b) The association shall be organized by the subdivider and shall be operated with a financial subsidy from the subdivider, before the sale of any lots within the development.

(c) Membership in the association is mandatory for all lot owners and their successors. The conditions and timing of transferring control of the association from Subdivider to lot owners shall be identified.

(d) The association shall be responsible for maintenance of insurance and payment of taxes on undivided conservation area, enforceable by liens placed by the Town on the association. The association may place liens on the lots of its members who fail to pay their association dues in a timely manner. Such liens may provide for the imposition of penalty interest charges.

(e) The members of the association shall share equitably the costs of maintaining and developing such undivided conservation areas. Shares shall be defined within the association bylaws.

(f) In the event of a proposed transfer, within the methods here permitted of undivided conservation area land by the homeowners' association, or of the assumption of maintenance of undivided conservation area land by the Town, notice of such action shall be given to all property owners within the development.

(g) The association shall have or hire adequate personnel to administer common facilities and properly and continually maintain undivided conservation areas.

(h) The homeowners' association may lease conservation area lands to any other qualified person, or corporation, for operation and maintenance of conservation area lands, but such a lease agreement shall provide:

1. that the lot owners of the development shall at all times have access to the conservation area land contained therein (except croplands during the growing season);

2. that the undivided conservation area to be leased shall be maintained for the purposes set forth in this ordinance; and

3. that the operation of conservation area facilities may be for the benefit of the residents only, or may be open to the residents of the Town, at the election of the Developer and/or homeowners' association, as the case may be.

4. The lease shall be subject to the approval of the Town of Rushford and any transfer or assignment of the lease shall be further subject to the approval of the Town Board. Lease agreements so entered upon shall be recorded with the Winnebago County Register of Deeds within thirty (30) days of their execution and a copy of the recorded lease shall be filed with the Town.

(i) Dedication of Easements. The Town may, but shall not be required to accept easements for public use of any portion or portions of undivided conservation area land, title of which is to remain in ownership by condominium or homeowners' association, provided: (1) such land is accessible to town residents; (2) there is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and (3) a satisfactory maintenance agreement is reached between the developer, condominium or homeowners' association, and the Town.

(ii) Transfer of Easements to a Private Conservation Organization. With the permission of the Town, an easement may be transferred to a private, nonprofit organization, among whose purposes it is to conserve conservation areas and/or natural resources, provided that:

(1) The organization is acceptable to the Town, and is a bona fide conservation organization with perpetual existence;

(2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and a maintenance agreement acceptable to the board is entered into by the Developer and the organization.

14-1-67 Maintenance Standards

The ultimate owner of conservation areas (typically a homeownership association) shall be responsible for raising all monies required for operations, maintenance, or physical improvements to conservation areas through annual dues, special assessments, etc. The homeowners' association shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc.

In the event that the association or any successor organization shall, at any time after establishment of a development containing an undivided conservation area, fail to maintain the undivided conservation area in reasonable order and condition in accordance with the development plan, the Town may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided conservation area in reasonable condition.

Failure to adequately maintain the undivided conservation areas in reasonable order and condition constitutes a violation of this ordinance. The Town is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within twenty (20) days.

Should any bill or bills for maintenance of undivided conservation areas by the Town be unpaid by November 1 of each year, a late fee of fifteen percent (15%) shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.

DEFINITIONS

DEFIN1-68 Definitions 14-1-68

In the construction of this chapter, the definitions contained in this section shall be observed and applied except when the context clearly indicates otherwise.

(1) ALLEY - A public or private right-of-way which provides secondary access to abutting properties.

(2) ARTERIAL STREET - A street used, or intended to be used, primarily for fast or heavy through traffic. Arterial streets shall include freeways and expressways, as well as standard arterial streets, highways, and parkways.

(3) ASSESSOR’S PLAT - An Assessor's Plat may be ordered by the Town Board at the expense of the subdivider when a subdivision is defined herein as created by successive division as provided in Section 236.31(2) of the Wisconsin Statutes.

(4) BLOCK - A group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified.

(5) BUILDING - A structure having a roof supported by columns or wall. When separated by division walls from the ground up and without openings, each portion of each building shall be deemed a separate building.

(6) CERTIFIED SURVEY MAP (CSM)–Means a division of up to four (4) lots. A CSM may be used to change the boundaries of lots or outlots within a recorded plat or recorded certified survey map if the redivision does not result in subdivision or violates the Town’s Subdivision Ordinance. A CSM may not alter the exterior boundary of a recorded plat, areas previously dedicated to the public, or restriction placed on the platted land by covenant, by grant of an easement, or by any other manner.

(7) CLUSTER SUBDIVISION – In the Town of Rushford, a Cluster Subdivision is allowing the consolidation of all single family homes on 25% (can be increased up to 40% if the Town accepts incentives to relax density standards) of an entire parcel, with the remaining 75% (not less than 60% based on incentives) being left open and undeveloped, and such land has the option of becoming a conservation easement, a donation (if acceptable to the recipient) to the County, Town or other entity to create permanent open space, being rented for farming, or being conveyed to any other entity that will only use the land as open space.

(8) COLLECTOR STREET - A street used, or intended to be used, to carry traffic from minor streets to the major system or arterial streets, including principal entrance streets to residential developments.

(9) COMMUNITY SEPTIC AND WELL SYSTEM – Means a singular sanitary system and/or well that is capable of treating or providing water to multiple housing units, and is located in a central location to strategically serve a number of residents, the costs of which are split through agreement or homeowners association.

(10) CONSERVATION AREA-Means any combination of land area within a subdivision that may consist of floodplains, wetlands, steep slopes, woodlands, treelines, open fields or meadows, watershed divides and drainage ways, fences or stone walls and rock outcrops.

(11) CONSERVATION SUBDIVISION- In the Town of Rushford, a Conservation Subdivision is allowing the consolidation of all single family homes on 25% (can be increased up to 40% if the Town accepts incentives to relax density standards) of an entire parcel, with the remaining 75% (not less than 60% based on incentives) being owned and maintained by a Homeowner’s Association into perpetuity.

(12) COUNTY - Reference to County shall mean Winnebago County and shall include any Agency, department or committee thereof.

(13) COUNTY PLANNING AND ZONING COMMITTEE - The County Planning and Zoning Committee, as authorized by Sec. 59.97, Wisconsin Statutes, or any other committee created by the County Board and authorized to plan land use.

(14) COUNTY PRIVATE SEWAGE SYSTEM ORDINANCE - The County Private Sewage System Ordinance which is included as Chapter 18 of the Winnebago County Code.

(15) COUNTY ZONING ORDINANCE - The Winnebago County Town/County Zoning Ordinance which is included as Chapter 17 of the Winnebago County Code.

(16) CUL-DE-SAC STREET - A minor street with only one outlet and having a turn around for the safe and convenient reversal of traffic movement.

(17) DOUBLE FRONTAGE LOTS – An interior lot having road frontage on the front and on the rear of the lot.

(18) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION -The unincorporated area within 1 1/2 miles of a fourth-class city or village and within 3 miles of all other cities over which cities and villages may exercise plat approval, provided they have enacted an official map ordinance or subdivision control ordinance in accordance with Sec. 236.10, Wisconsin Statutes.

(19) FINAL PLAT - The map of a subdivision and any accompanying material as described in Sec. 14-1-30 of this chapter.

(20) FLOODPLAIN –Land that has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe.

(21) FRONTAGE - The length of the front property line of the lot, lots or tract of land abutting the right-of-way of a public street road or highway.

(22) FRONTAGE STREET - A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development.

(23) GRADE - The slope of a road, street or other public way, specified in percent.

(24) IMPROVEMENT, PUBLIC - Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, park, parkway, public access, sidewalk, pedestrian way, planting strip, off-street parking area or other facility for which the County or Town may ultimately assume the responsibility for maintenance and operation.

(25) LAND DIVISION - The act or process of dividing land into two or more parcels.

(26) COMPREHENSIVE PLAN - Means the "Town of Rushford Comprehensive Plan", adopted in 2004, and including any amendment to such plan.

(27) LOT - Designated parcel tract or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit, and containing the minimum frontage, width, and area sufficient to meet building, parking, setback, conservation areas, sanitary, or other requirements.

(28) LOT AREA - The total square footage lying within the peripheral boundaries of a parcel of land. In any zoning jurisdiction, the area of a lot specifically excludes:

(29) the right-of-way of a public or private street;

(30) areas of navigable water.

(31) 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.

(32) LOT, LEGAL - A unit of land existing under a single ownership which complies with the applicable basic district standards for the Zoning District in which such lot is situated or meets the definition of a "lot of record" of this Ordinance, which is provided with the minimum frontage upon a public road, and which complies with all applicable Subdivision and Laws and Ordinances.

(33) LOT LINES - The peripheral boundaries of a parcel of land.

(34) LOT OF RECORD - A legal lot of record shall mean a lot legally created and recorded in the Winnebago County Register of Deeds Office prior to or according to the Winnebago County Subdivision Ordinance of May 1, 1969, meeting applicable State County Zoning and Subdivision Laws and Ordinances.

(35) LOT, THROUGH - A lot which has a pair of opposite lot lines among two parallel streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.

(36) LOT, WIDTH - The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth. On irregularly (non-perpendicular) shaped lots, the width shall be the average width of the lot computed according to Table 1 of this ordinance. Lot width shall be measured at the street setback line applicable to the zoning district the parcel is located within. In the shoreland jurisdiction, the lot width shall also be measured at the shore yard setback line applicable to the zoning district the parcel is located within. At least 50% of the lot shall be greater than or equal to the required lot width.

(37) MAJOR CONDOMINIUM PLAT - Condominiums in which land is allocated into parcels or building sites, whether the individual portions of land are defined as "units" or "limited common elements", are subject to review and approval of this Ordinance if five (5) or more parcels or building sites of five (5) acres or smaller in size and created within any five (5) year period from a lot parcel or tract which existed on the effective date of this chapter.

(38) MAJOR STREET - Arterial and collector roads primarily intended for through traffic with a secondary function for direct access.

(39) MINOR STREET - A street used or intended to be used primarily for access to abutting properties.

(40) OBSTRUCTION, DRAINAGEWAY - This Ordinance refers to two different types of obstructions:

(41) ARTIFICIAL OBSTRUCTION - Any obstruction other than a natural obstruction that is capable of reducing the carrying capacity of a stream or drainageway or may accumulate debris and thereby reduce the carrying capacity of a stream; such as fences, dams, planted trees and shrubs, and any other obstructions instituted as a result of human activity.

(42) NATURAL OBSTRUCTION - Includes any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within the stream or drainageway by a non-human cause.

(43) OFFICIAL MAP - Refers to any future Official Map adopted by the Town of Rushford, consistent with the Town's Comprehensive Plan, which includes and sets forth the identification, location, alignment, dimensions and classification of existing and proposed public streets, highways, drainage ways, parkways, and park and recreation sites.

(44) OUTLOT - A remnant parcel of land not to be used for building purposes so designated on the plat.

(45) PARCEL - Lot created by a division of land. A parcel(s) that is owned, controlled or managed as a single entity shall be treated as a single tract, unless separated by a public road and navigable and non-navigable waters. A parcel is created as of the date the deed, land contract, lease, etc., is recorded with the Register of Deeds Office.

(46) PLANNING & ZONING ADMINISTRATOR – Refers to the Town of Rushford Planning & Zoning Administrator

(47) PLANNING & ZONING COMMITTEE - Refers to the Town of Rushford Planning & Zoning Committee

(48) PRELIMINARY PLAT - A map showing the salient features of a proposed subdivision submitted to the Town of Rushford for purposes of preliminary consideration as described in 14-1-21 of this chapter.

(49) PUBLIC WAY - Any public road, street highway, walkway, drainageway or part thereof.

(50) SHORELAND JURISDICTION - The area within 1,000' of the ordinary high water mark of a navigable lake, pond or flowage; or within 300' of the ordinary high water mark of a river or stream; or to the landward side of a floodplain, whichever distance is greater.

(51) STREET (Public) - The right-of-way of any street, road, highway, lane, etc., dedicated to the public which generally provides access to abutting properties.

(52) STREET (Private) - The right-of-way of any private road, highway, lane, street, access easement, easement, etc., where the defined street or easement provides access to more than one parcel or principal structure.

(53) SUBDIVISION – in the Town of Rushford means a division of land into five (5) or more lots, parcels, tracts or building areas.

(54) TOWN - Refers to the Town of Rushford

(55) TOWN CLERK - Refers to the Town of Rushford Town Clerk

(56) TRACT - A contiguous area of land which exists or has existed in single ownership.

Table 1 Area Regulations

Zoning Category	Front-Yard Setback	Front-Yard Corner L. S.	Side-Yard Setback	Rear-Yard Setback	Frontage Width	Minimum Area Req.
R-1: Single Family Residential	30’ 50’/75’ CRD	50’ from each street	10’	30’	85’*	1 acre
R-2: Multi-Family Residential	30’ 50’/75’ CRD	50’ from each street	10’	30’	85’*	1 acre
A-2: Agricultural	50’/75’ CRD		50’	30’	200’**	20 acres***
A-3: Rural Residential	50’/75’ CRD		30’	30’	200’	1 acre
C: Commercial	50’/75’ CRD		10’/50’ to Res. zoning	50’	100’	1 acre
I: Industrial	50’/75’ CRD		10’/50’ to Res. zoning	50’	100’	1 acre

*Width of lot measured at the front setback line

**Frontage in Cluster/Conservation Subdivision lots can be a minimum of 125’

***The density in a Cluster/Conservation Subdivision can be 1 acre per unit on 25% of the total land area.