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HomeMy WebLinkAboutChapter 30 - Article XIII - Subdivisions City of Oshkosh Zoning Ordinance Municipal Code ARTICLE XIII: SUBDIVISIONS SECTION 30-441: TITLE (A) Title. This Ordinance shall be known as, referred to, or cited as the "Land Subdivision Ordinance, City of Oshkosh, Wisconsin". (B) Definitions Rules of Construction. For the purpose of this Ordinance, the following terms are defined. Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory. (1) Alley: A special public way affording only secondary access to abutting properties. (2) Arterial Street: A street used, or intended to be used, primarily for through traffic, including freeways and expressways, as well as major streets, highways, and parkways. (3) Block: A parcel of land bounded on at least one side by a street and on the other sides by a natural or man-made barrier. (4) Condominium: A property subject to a condominium declaration under Chapter 703, Wisconsin Statutes. (5) Condominium Instrument: The declarations, plats and plans of a condominium together with any attached exhibits and schedules filed for record under Chapter 703, Wisconsin Statutes. (6) Plats within the Extraterritorial Plat Approval Jurisdiction: When the land to be subdivided lies within three (3) miles of the corporate limits of the City of Oshkosh, the Oshkosh Land Subdivision Ordinance shall apply. Approval agencies shall be as specified in Chapter 236, Wisconsin Statutes and the subdivider must comply with the land division regulations of said agencies or units of government. (7) Building Site: A parcel of land occupied, or intended to be occupied, by a structure, as permitted under applicable Zoning Regulations. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 1 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (8) Certified Survey Map: A map of land split prepared in accordance with this Ordinance and Chapter 236, Wisconsin Statutes. (9) Collector Street: A street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets to residential developments. (10) Comprehensive Plan: The extensively developed plan, also referred to as a Master Plan, adopted by the City Plan Commission and certified by the Common Council pursuant to Section 62.23, Wisconsin Statutes, including proposals for future land use, transportation, urban redevelopment, and public facilities. Devices for the implementation of these plans, such as zoning, official map, land division, and building line Ordinances, and capital improvement programs shall also be considered a part of the Comprehensive Plan. (11) Cul-de-sac Street: Minor street closed at one end with a turnaround provided for vehicles. (12) Extraterritorial Plat Approval Jurisdiction: The unincorporated area within one and one-half (1 1/2) miles of a fourth class city or a village, and within three (3) miles of all other cities. (13) Final Plat: The map or plan of record of a subdivision, and any accompanying material, as described in Section 30-443. (14) 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. (15) Housing Unit (Dwelling Unit): A residential unit intended for permanent or seasonal occupancy by a family or individual householder. Group housing units without private kitchens and with group dining facilities are not considered housing units for the purposes of this Chapter (16) Land Division: The division of a lot or parcel of land by subdivision plat, condominium instrument, or Certified Survey Map (CSM) for the purpose of transfer of ownership or building development. (17) Minor Street: A street used, or intended to be used, primarily for access to --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 2 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ abutting properties (18) Official Map: Is that map adopted pursuant to Section 62.23, Wisconsin Statutes which shows existing and proposed streets, highways, parkways, parks and playgrounds, and school sites (19) Planned Development District: Zoning district overlay in the City of Oshkosh Zoning Ordinance which provides for diversification and variation in the physical development of land in return for an improved environment. (20) Plat: A map of a subdivision or condominium complete with all certificates and engineering data, per Chapter 236 and Chapter 703, Wisconsin Statutes (21) Preliminary Plat: A map showing the salient features of a proposed subdivision or land division, as described in Section 30-443. (22) Public Way: Any public road, street, highway, walkway, drainage way, or part thereof. (23) Replat: The changing of the boundaries of a recorded subdivision plat or part thereof. (24) Subdivider: Person or persons requesting review or action on a subdivision, condominium, Certified Survey Map (CSM) (25) Subdivision: The division of a lot or parcel of land for the purpose of transfer of ownership or building development, where: (a) The act of division creates five (5) or more parcels or building sites of five (5) acres each or less in area; or (b) The act of division creates five (5) or more parcels or building sites of five (5) acres each or less in area by successive divisions within a period of five (5) years. The term "subdivision" shall include resubdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided, regardless of change in ownership. (26) Other: All other pertinent terms shall be as defined in the Zoning Ordinance of the City of Oshkosh, and in Chapter 236, Wisconsin Statutes. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 3 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------ SECTION 30-442: GENERAL PROVISIONS (A) Authority. These regulations are adopted under the authority granted by Section 236.45 of the Wisconsin Statutes, as amended from time to time. (B) Purpose. The purpose of this Ordinance is to regulate and control the division of land or creation of a condominium within the corporate limits and extraterritorial plat approval jurisdiction of the City of Oshkosh in order to promote the public health, safety, and general welfare of the community. The regulations are designed to lessen congestion in the streets and highways; to further the orderly layout and appropriate use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population, to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; to facilitate the further division of larger tracts into smaller parcels of land; to ensure adequate legal description and proper survey monumentation of subdivided land; and in general, to facilitate enforcement of community development standards as set forth in the Comprehensive Plan, Zoning Ordinance, Building Code, and Official Map of the City of Oshkosh. These regulations are made with reasonable consideration, among other things, to the character of the City with a view of conserving the value of the buildings placed upon land, providing the best possible environment for human habitation, and for encouraging the most appropriate use of land throughout the city. (C) Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, agreements,rules, regulations, or permits previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. (D) Plats or Certified Survey Maps (CSM) Outside the Corporate Limits. Before final approval by the City of Oshkosh of any plat or Certified Survey Map located outside the corporate limits of the City, but within the plat approval jurisdiction of the City of Oshkosh, the subdivider shall give evidence that he has complied with all Design Standards and Required Improvements, as stated in Sections 30-443, 30-444, and 30- 445(5) and (C) of this Ordinance. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 4 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (E) Severability. If any section, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. (F) Repeal. All other Ordinances or parts of Ordinances of the City of Oshkosh inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed. (G) Effective Date. This Ordinance shall be effective after a public hearing, adoption by the City of Oshkosh Common Council and publication or posting as provided by law. (H) Jurisdiction. The jurisdiction of this Ordinance shall include all lands within the corporate limits of the City of Oshkosh, as well as the unincorporated area within three (3) miles of the corporate limits. The provisions of this Ordinance as it applies to divisions of tracts of land into less than five (5) parcels shall not apply to: (1) Transfers of interests in land by will or pursuant to court order. (2) Leases for a term not to exceed ten (10) years, mortgages, or easements. (3) The sale or exchange of parcels of land between owners of adjoining property, if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by Section 236.45,Wisconsin Statutes, these Regulations, the Zoning Ordinance, or other applicable laws or ordinances. (4) The division of land in City industrial and business parks which results in the creation of parcels of land greater than one and one-half (1 1/z) acres in size for the purpose of sale, transfer or development. However, a Certified Survey Map (CSM) is required for any division of land in the industrial and business parks, and that CSM is required to be reviewed and approved by the Department of Community Development. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 5 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (5) The division of land in private industrial and business parks that are zoned Planned Development District, which results in the creation of parcels of land greater than one and one-half(11/z) acres in size for the purpose of sale,transfer or development. However, a Certified Survey Map (CSM) is required for any division of land in the private industrial and business parks and that CSM is required to be reviewed and approved by the Department of Community Development. (I) Compliance. No person, firm, or corporation shall divide any land located within the jurisdictional limits of these Regulations which results in a subdivision, condominium development, land division, or replat, as defined herein; no such division, other division, or replat shall be entitled to record, and no streets to be laid out or improvements made to land without compliance with all requirements of this Ordinance, and: (1) Provisions of Chapter 236 and Chapter 703, Wisconsin Statutes. (2) Rules of the Wisconsin State Division of Health, Department of Health and Social Services,regulating lot size and lot elevation,if the land to be subdivided is not served by a public sewer and provisions for such service have not been made. (3) Rules of the State Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state trunk highway or connecting street. (4) Duly approved Comprehensive Plan, or any component thereof, including the Zoning Ordinance, official map, and all other applicable Ordinances of the City of Oshkosh. (J) Dedications and Reservation of Lands (1) Wherever a tract of land to be subdivided embraces all or any part of an arterial street, drainage way, or other public way which has been designated in the Comprehensive Plan or component part thereof, or on an official map of the City of Oshkosh, said public way shall be made a part of the plat --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 6 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code and/or Certified Survey Map and dedicated or reserved or treated by the developer as determined by the Plan Commission, in the locations and dimensions indicated on such plan or map, and as set forth in this Ordinance. (2) Wherever a proposed playground, park, school site or other public land, other than streets or drainage ways, designated in a Comprehensive Plan, component part thereof, or on an official map of the City of Oshkosh is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be so designated as to be made an integral part of the plat and/or Certified Survey Map and may be dedicated; but in any case, shall be reserved for acquisition at undeveloped land costs, by the agency having jurisdiction,for a period not to exceed two(2)years,unless extended by mutual agreement. (3) Wherever a subdivision or land division abuts a public use area, such as a park, lake, stream, or any similar type of public recreational area, the subdivider, at the option of the Plan Commission, shall provide an access thoroughfare at least sixty (60) feet wide connecting such public area with a public street, so that there shall be adequate public access to the public use area, as determined by the Plan Commission. (4) The dedication of land for public purposes, such as parks,rights-of-way, school sites and easements, becomes effective at the time of approval and recording of the Certified Survey Map or the final plat. (5) On sites reserved for eventual public acquisition, no building development is permitted during the time of reservation. Land so reserved shall be shown on the plat of the subdivision or on a Certified Survey Map of other divisions. (6) Public Sites and Open Spaces. In order that adequate open space and sites for public uses may be properly located and preserved as the community develops, and in order that the cost of providing the park and recreation sites and facilities necessary to serve the additional families brought into the community by subdivision development may be more equitably apportioned on the basis of the additional need created by the individual subdivision development, the following provisions are established: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 7 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (a) Reservation of Potential Sites: In the design of a subdivision, condominium development, or land division, consideration shall be given to the adequate provision of and correlation with such public sites or open spaces where it is determined by the City Plan Commission that a portion of the area is required for such public sites or open spaces, the subdivider may be required to reserve such area for a period not to exceed five (5) years, after which an applicable agency shall either acquire the property or release the reservation. (b) Dedication of Sites: Where feasible and compatible with the Comprehensive Plans for development of the community, the subdivider shall dedicate to the public adequate land to provide for the park and recreation needs of the subdivision, condominium or land division. The amount of land to be provided shall be determined on the basis of 1,100 square feet per detached single-family housing unit and 900 square feet per attached multi-family housing unit created by a subdivision plat, condominium plat, or Certified Survey Map. If the number of housing units is not specified on the plat or Certified Survey Map, the maximum allowable density under the City Zoning Ordinance shall be utilized to determine the number of allowable housing units to be used to establish public land dedication requirements. (c) Proportionate Payment in Lieu of Dedication: Where the City, at its sole discretion, determines such dedication is not feasible or compatible with the Comprehensive Plan or other plans of the City, the subdivider shall, in lieu thereof, pay to the City or Town, depending on the location of the plat, a fee equivalent to the value of the required dedication. Such fee shall be determined as follows: (i) For detached single-family housing units a fee of Two Hundred Dollars ($200.00) per residential lot, payable prior to acceptance of the final plat, condominium plat, or Certified Survey Map, and Two Hundred Dollars ($200.00) per dwelling unit, payable prior to --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 8 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- issuance of a building permit, with the provision that monies for lot payments made prior to the final plat shall be applied to the total amount due and owing for the cost of each unit; money to be placed in a non-lapsing fund to be used for neighborhood park and recreation area purposes. For attached multi-family housing units a fee of One Hundred Sixty- Five Dollars ($165.00) per allowable housing unit payable prior to acceptance of the final plat,condominium plat,or Certified Survey Map and One Hundred Sixty-Five Dollars ($165.00) per dwelling unit payable prior to issuance of a building permit. Such fee shall be used exclusively for immediate and/or future site acquisition or capital improvement. (ii) No payment shall be required for a lot created by a subdivision, condominium instrument, or Certified Survey Map if such land division does not create or allow additional housing units. (iii) Payment may be in a lump sum or fifty (50) percent at the time of Certified Survey Map, condominium development, or final plat approval, and the balance to be paid within one (1)year; such deferred payment to be guaranteed by surety bond or other satisfactory financial guarantee to the City of Oshkosh or the Town, dependent on its location. (iv) Where a lot or parcel for which payment has once been made is further divided, payment shall be required only for the additional lots or parcels created. (v) The required payment shall be made before the certification of approval may be affixed to the final plan. (d)Determination of Feasibility: The determination as to the feasibility of dedication shall be made by the Plan Commission. (K) Excessive Street Dedication. In the case of a major thoroughfare lying within the plat,the subdivider may be required to dedicate the width in excess of that required by this Ordinance. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 9 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (L) Land Divisions Outside the Corporate Limits. Before final approval by the City of Oshkosh of any land division or condominium located outside the corporate limits of the City, but within the plat approval jurisdiction of the City of Oshkosh, the subdivider shall give evidence that he has complied with all street and utility improvement requirements of the Town in which the land being platted is located. (M) Land Suitability (1) No land shall be subdivided which is judged by the Plan Commission to be unsuitable for use by reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of future residents or land owners in the proposed subdivision or of the community. The City Plan Commission, in applying the provisions of this Ordinance, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use, and afford the subdivider an opportunity to present evidence regarding such unsuitability, if he so desires. Thereafter, the City Plan Commission may affirm, modify, or withdraw its determination of unsuitability. (2) In the case of land divisions and platted subdivisions, lot sizes shall conform to the area and width requirements prescribed for the zoning district in which the property is located, provided that in commercial and industrial districts lotting shall be to widths and areas deemed by the City Plan Commission to be appropriate for the prescribed use. (3) Subdivision Policies. The City of Oshkosh subscribes to the policy that urbanizing land should desirably be located in a compact manner within an existing city or village where a basic range of urban services and facilities will be available. Subdivisions shall conform to the following policies: (a) To preserve and enhance existing cities and villages, and encourage compact balanced growth shared by, and in association with, all the region's cities and villages. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 10 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (b) To encourage the development of balanced compact communities in Winnebago County with appropriate commercial, public services, industrial, employment, residential, and open space land uses, meeting the needs of present and future residents of those communities. (c) To direct new growth to those areas capable of providing a full range of urban services and facilities. (d) To prevent scattered and noncontiguous development without discouraging new and desirable development. (e) To ensure that new development will not be detrimental to the physical, social, and economic well being of residents of the City or the County. (f) To ensure that new development will be organized and timed so as to permit urban services and facilities to be provided as economically and efficiently as possible. (g) To discourage new developments in those areas that are premature in terms of planning and timing for the provision of adequate public services and facilities. (h) To preserve high quality agricultural lands for that purpose. (4) Subdivision Criteria (a) A preliminary plat or final plat of any subdivision shall not be approved unless the City Plan Commission and Common Council determine that adequate public facilities and public services are available to support and service the area of the proposed subdivision. (b) A preliminary plat of a land division shall not be approved unless the Plan Commission determines that adequate public facilities and public services are available to support and service the area of the proposed land division. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 11 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (c) In considering the questions of adequacy of public facilities and public services as set forth hereinabove, the Plan Commission and Common Council shall consider, but not be limited to: (i) The nature, extent and size of the proposed subdivision and its impact in terms of the estimated increase in population expected to result; and (ii) The present or projected state of development likely to result when said subdivision is developed in context with projected densities, as anticipated by adopted area Comprehensive Plans, and currently approved subdivisions in the surrounding area and the immediate vicinity of the proposed subdivision; and (iii) The avoidance of expenditures of public funds necessitated by the proposed subdivision which are not in adopted capital or operating budgets. (d) For subdivisions in the City of Oshkosh, the applicant shall furnish data as may be requested by the Director of Community Development, or designee, who will coordinate statements of adequacy for transportation, storm sewer and/or storm drainage facilities, sanitary sewer, water service, fire and police protection, parks, open space, recreation, and school facilities for the Plan Commission and Common Council. (e) For subdivisions in the extraterritorial area, the applicant shall include with the application for subdivision approval a statement evaluating and demonstrating compliance with the provisions of this Section to be reviewed by City Departments and forwarding, with appropriate comments, to the Plan Commission and Common Council. (f) Public facilities and public services may be determined adequate for a proposed subdivision when the following conditions are found to exist: (i) The proposed subdivision shall be deemed adequately accessible via roads and public transportation facilities if any of the following conditions are present: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 12 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (aa) Existing roads are adequate to accommodate the traffic that would be generated by the subject subdivision in addition to existing traffic, and are publicly maintained all weather roads; or (bb) Such additional roads or road improvements necessary in combination with existing roads to accommodate the additional traffic that would be generated by the subject subdivision are budgeted in the current adopted budget for construction with public or private financing. (ii) The proposed subdivision shall be determined to have adequate storm sewer and/or storm drainage facilities when the City Engineer certifies to the Plan Commission and Common Council that adequate funds, either public or private, are available to assure the installation of storm sewers and/or storm drainage facilities meeting the standards of the Department of Public Works, or are comparable to those established by the Department of Public Works for storm sewer and/or storm drainage facilities. (iii) The proposed subdivision shall be determined to have adequate sanitary sewerage facilities if located within an area in which main line interceptor sewer service is presently available, under construction, or designated by the Common Council or other local unit of government for extension of sewer service within the current capital budget year, and funds are specifically provided for such extension either from public or private financing. In its determination of the adequacy of sewerage service, the Plan Commission and Common Council shall consider the recommendation of the City Engineer,the capacity of trunk lines and sewerage treatment facilities and any other information presented. (iv) In its determination of the adequacy of water service, the Plan Commission and Common Council shall consider the recommendation of the Department of Public Works, the capacity of distribution lines, water sources, water storage facilities, and any other information presented. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 13 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (v) The proposed subdivision shall be deemed to have adequate fire protection and police service when it can be demonstrated that fire and police services are so situated that adequate and timely service can be provided so as not to involve danger or injury to health, safety, or general welfare to the future residents of the proposed subdivision. In its determination of the adequacy of fire and police services, the Plan Commission and Common Council shall consider the recommendations of the Oshkosh Police and Fire Departments or other local departments providing such services in the area of the proposed subdivision, including the grading of the Fire Department serving the area based on the American Insurance Association. (vi) The proposed subdivision shall be deemed to have adequate parks, open space and recreation when it can be demonstrated that the future residents of the proposed subdivision will have such park, open space and recreation services and facilities available to them, as are established by the standards in the most recently adopted Comprehensive Park and Recreation Plan for the City of Oshkosh. (vii) The proposed subdivision shall be deemed to have adequate school facilities when the school district in which such proposed subdivision will be located upon its development, provides information that adequate classroom space is either available within the normal walk in service area, or that adequate transportation as normally provided by the school district can be provided to elementary through high schools that have sufficient classroom space to provide for the anticipated school age children in the proposed subdivision. (viii)Where the Plan Commission and Common Council determine that one or more public facilities or public services are not adequate for the full development proposed, but that a portion of the area could be served adequately, or careful phasing of the development could result in all public facilities or public services being adequate, conditional approval may include only such portions or may specify phasing of the development. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 14 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (5) Land Division Criteria (a) Agricultural Land Division. The Plan Commission may grant approval of a land division subdividing portions of agricultural lands within the corporate limits of the City of Oshkosh or within the extraterritorial plat approval jurisdiction,provided the Commission determines the proposed land division will assist and assure the continuation of the agricultural use. (b) Nonagricultural Land Division. In the case of nonagricultural lands, the Plan Commission may grant approval of a land division within the corporate limits of the City of Oshkosh or within the extraterritorial plat approval jurisdiction,provided the Commission determines the proposed land division complies with each of the following criteria: (i) The proposed land division shall be compatible with adjacent land uses and shall maintain the general land use pattern of the area in question. (ii) The proposed land division shall result in a development pattern which is compatible with surrounding developments and land uses. Measures of compatibility shall consider lot sizes, traffic generation, access, noise and visual features. (iii) The proposed land division and resulting development shall not demonstrably adversely affect the City's ability to provide public services, install public improvements or accomplish future annexations. The Plan Commission may consider annexation agreements with the property owner in order to comply with this requirement. The Plan Commission may also consider whether the City and Town(s) have reached an agreement on necessary public improvements and public service facilities required to serve the development. (iv) The proposed land division shall represent infilling of vacant land. Infilling is defined as a land division which will accommodate the development of vacant land located such that surrounding existing land uses render the land impractical for any but similar uses. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 15 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (v) If the Plan Commission finds that adequate public facilities and public services are not available to support and serve the area of the proposed land division, the land division shall be referred to the Common Council for a final determination. (N) Land Divisions No person, firm, or corporation shall divide any land located within the corporate limits of the City of Oshkosh or within the extraterritorial plat approval jurisdiction thereof which shall result in a land division as defined herein, without filing for approval by the City Plan Commission and recording a Certified Survey Map meeting all of the requirements of Section 236.34, Wisconsin Statutes. Within any five (5) year period create a total of four (4) or less parcels or building sites. A preliminary plat must be filed prior to the Certified Survey Map, unless waived by the Secretary of the Plan Commission. Land divisions shall conform to Sections 30-442, 30-444, and 30-445 of this Subdivision Regulations. This Ordinance shall apply to condominiums created under Chapter 703, Wisconsin Statutes (the Condominium Ownership Act), where an actual land division results. No person, firm, or corporation shall divide any land located within the corporate limits of the City of Oshkosh for the purpose of consolidating parcels without filing for approval with the Department of Community Development. (0) Improvements on Boundaries of Subdivisions. Where a subdivision or land division abuts an existing or proposed street, sanitary sewer, or water main, part of which is not located within the subdivision, the subdivider shall submit a petition requesting the installation of all required improvements on a special assessment basis. (P) Permanent Zoning Classification. No preliminary plat of a subdivision or Certified Survey Map of a land division shall be accepted for review unless all of the land included in the preliminary plat and/or Certified Survey Map has been assigned a permanent zoning classification. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 16 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (Q) Variances. When, in the judgment of the Plan Commission or Common Council, it would be inappropriate to apply literally a provision of this Ordinance because the subdivision is located outside the corporate limits, or because extraordinary hardship would result, it may waive or vary such provision(s) so that substantial justice may be done and the public interest secured, provided that in no event shall the requirement of filing and recording the Certified Survey Map or the final plat be waived. (R) Violations. It shall be unlawful to build upon, divide, convey, record or monument any land in violation of this Ordinance or the Wisconsin Statutes, and no person, firm, or corporation shall be issued a building permit authorizing the building on or improvement of any subdivision, land division, or replat within the jurisdiction of this Ordinance and not of record as of the effective date of this Ordinance, until the provisions and requirements of this Ordinance have been fully met. The City may institute appropriate action or proceedings to enjoin violations of this Ordinance or the applicable Wisconsin Statutes. (S) Remedies. Failure to comply with the requirements of this Section shall invalidate purported transfers of titles at the option of the purchaser, in accordance with provisions of Section 236.31(3), Wisconsin Statutes. Building permits shall also be refused for construction on sites created in violation of these requirements. (T) Appeals (1) Any person aggrieved by an objection to a plat, or failure to approve a plat, may appeal therefrom, as provided in Sections 236.113(5) and 62.23(7), (10) to (15) inclusive, Wisconsin Statutes. (2) Appeal from the decision of the Secretary of the Plan Commission may be taken to the Plan Commission by the applicant for a land division. If the appeal is relative to whether a preliminary plat is required, such appeal must specify the grounds thereof with respect to the reasons for requiring said preliminary plat by the Secretary of the Plan Commission. The appeal must be filed with the City Clerk within fourteen (14) days of receipt of the letter of action of the Secretary of the Plan Commission. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 17 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ The Secretary of the Plan Commission shall schedule the appeal for consideration at a public meeting before the Plan Commission within thirty (30) days of the filing of the appeal. The Secretary shall mail Notice of the Appeal and of the scheduled meeting thereon at least ten (10) days prior to the time of such meeting to the owners of all properties situated within the limits of the proposed land division. The action of the Secretary of the Plan Commission shall be final, unless the Plan Commission reverses or modifies the action of the Secretary of the Plan Commission. SECTION 30-443: SUBMITTAL REQUIREMENTS (A) Preliminary Consultation. Prior to filing a Certified Survey Map or a preliminary plat, the subdivider may consult the Department of Community Development and City Engineer for advice and assistance. This consultation is neither formal nor mandatory, but is intended to inform the subdivider of the purpose and objectives of these Regulations, the Comprehensive Plan and Official Map, and to otherwise assist the subdivider in planning his development. In so doing,both the subdivider and the planning agency may reach mutual conclusions regarding the general program and objectives of the development and its possible effects on the neighborhood and community. (B) Preliminary Plat (1) General. A preliminary plat shall be required for all subdivisions and all land divisions unless waived by the Secretary of the Plan Commission, and shall be based upon a survey by a registered land surveyor. The preliminary plat requirement may be waived when it is proposed to create two(2)or less parcels and to divide a block, lot, or outlot to create additional parcels or building sites within a recorded subdivision plat without changing the boundaries of said subdivision of land dedicated to the public. The preliminary plat shall be prepared on reproducible material at a scale of not more than one hundred (100) feet to the inch, and shall correctly show on its face the following information: (a) Title under which the proposed subdivision is to be recorded. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 18 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code -------------------------------------------------- (b) Legal Description and General Location of proposed subdivision and relative location to a nearby municipality. (c) Date, Scale, and North Arrow. (d) Names and Addresses of the owner, subdivider, and land surveyor preparing the plat. (e) Entire Area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat, even though only a portion of said area is proposed for immediate development. The City Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this Ordinance, and undue hardship would result from strict application. (2) Plat Data. All preliminary plats shall show the following: (a) Exterior Boundaries of the proposed subdivision shall show the approximate length and bearing referenced to a corner established in the U. S. Public Land Survey and the total acreage encompassed thereby. (b) Contours at vertical intervals of not more than two (2) feet where the slop of the ground surface is less than ten (10) percent of not more than five (5) feet where the slop of the ground surface is ten (10) percent or more. Elevations shall be marked on such contours based on mean sea level datum or, where in the judgment of the City Plan Commission, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, other datum may be used. (c) Water Elevations of adjoining lakes and streams at the date of the survey, including approximate high and low water elevations. All elevations shall be referred to as the United States Army Corps of Engineers datum. (d) Location, Rights-of-Way Widths and Names of all existing and proposed streets, alleys, or other public ways, easements, railroad and utility rights- of-way, and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 19 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (e) Location and Names of any Adjacent Subdivisions, parks, schools, cemeteries, and owners of record of abutting unplatted lands. (f) 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. (g) Location, Size, and Invert Elevation of any existing sanitary or storm sewers, culverts, and drain pipes, 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 sewer or water mains are located on or immediately adjacent to the tract,the nearest such sewer(s) or water main(s)which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size, and invert elevations. (h) 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. (i) Dimensions of all Lots together with proposed lot and block numbers. (j) Location and Dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainage ways, or other public use, or which are to be used for group housing, shopping centers, church sites, or other non-public uses not requiring lotting. (k) Approximate Radii of all Curves. (1) Corporate Limit Lines. (m) Any Proposed Lake and/or Stream Access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 20 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (n) Any Proposed Lake and Stream improvement or relocation, and proposed filling, grading,lagooning, and dredging, and the notice of application for Department of Natural Resources' approval, when applicable. (3) Testing. The City Plan Commission may require borings and soundings be made in designated areas to ascertain subsurface soil, rock, and water conditions, including depth to bedrock and depth to ground water table. Where the subdivision will not be served by public sanitary sewer service, the provisions of Chapter H65, Wisconsin Administrative Code, shall be complied with, and the appropriate data shall be submitted with the preliminary plat. (4) Covenants. The City Plan Commission may require submission of a draft of protective covenants whereby the subdivider intends to regulate land use in the proposed subdivision and otherwise protect the proposed development. (5) Affidavit. The surveyor preparing the preliminary plat shall certify on the face of said plat that it is a correct representation of all existing land divisions and features, and that he has fully complied with the provisions of this Ordinance. (6) Review Procedure. Before submitting a final plat for approval, the subdivider shall cause to be prepared a preliminary plat, in accordance with this Ordinance, and submit no less than twenty-six (26) copies of the Plat to the City Clerk at least twenty-one (21) days prior to the meeting of the City Plan Commission at which action is desired. (a) The preliminary plat shall cover the entire area owned or controlled by the subdivider, even though only a small portion thereof is proposed for development at the time. The Plan Commission may waive this requirement where it is unnecessary to fulfill the purpose of this Ordinance and undue hardship would result from the strict application thereof. (b) The developer or surveyor shall forward copies of the preliminary plat to all affected local utility companies. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 21 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (c) The preliminary plat shall be reviewed by the Plan Commission and its staff for conformance with this Ordinance and all Ordinances, rules, regulations, Comprehensive Plans and Comprehensive Plan components which affect it. The Secretary of the Plan Commission shall transmit copies of the preliminary plat to the Department of Public Works, and all affected boards, commissions, or departments, for their review and recommendations concerning matters within their jurisdiction. (d) The Common Council shall, within ninety (90) days of the filing of the plat, approve, approve conditionally, or reject the plat. Failure of the Common Council to act within ninety (90) days shall constitute approval. (e) Approval or conditional approval of a preliminary plat shall not constitute automatic approval of the final plat, except that if the final plat is submitted within six (6) months of preliminary plat approval and conforms substantially to the preliminary plat layout (as indicated in Section 236.11(1)(b), Wisconsin Statutes), the final plat shall be entitled to approval with respect to such layout. The preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the final plat, which will be subject to further consideration by the Common Council. (C) Final Plat (1) General. A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of Section 236.20, Wisconsin Statutes. (2) Additional Information. The final plat shall correctly show on its face, in addition to the information required by Section 236.20,Wisconsin Statutes, the following: (a) Exact Street Width along the line of any obliquely intersecting street; and (b) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 22 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (3) Surveying and Monumenting. All final plats shall meet all the surveying and monumenting requirements of Section 236.15, Wisconsin Statutes. (4) Certificates. All final plats shall provide all the certificates required by Section 236.21, Wisconsin Statutes, and in addition, the surveyor shall certify that he has fully complied with all the provisions of this Ordinance, and provide a certificate for City Plan Commission approval. (5) Review Procedure. The subdivider shall prepare a final plat and a letter of application in accordance with this Ordinance, and shall comply with the procedures for approval of plats of Chapter 236, Wisconsin Statutes, and shall file twenty-six (26) copies of the final plat and the application with the City Clerk at least twelve(12) days prior to the meeting of the City Plan Commission at which action is desired. Upon approval of the final plat by the State of Wisconsin, the subdivider shall forward one (1) mylar copy of the final plat to the Department of Public Works. (a) The City Plan Commission shall examine the final plat as to its conformance with the approved preliminary plat, conditions of approval of the preliminary plat, this Ordinance and all ordinances, rules, regulations, Comprehensive Plans and Comprehensive Plan components which may affect it, and shall recommend approval, conditional approval, or rejection of the final plat to the Common Council. (b) The final plat may, if permitted by the Common Council after review and recommendation by the City Plan Commission, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at that time. (c) If the final plat is not submitted within six (6) months of the approval of the preliminary plat,the Common Council may refuse to approve the final plat. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 23 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (d) The Plan Commission shall transmit the plat, together with its recommendations to the Common Council within thirty (30) days of the date of filing of the final plat with the City Clerk. The Council shall approve or reject the final plat within sixty (60) days of its submission to the City Clerk, unless the time is extended by mutual agreement with the subdivider. Reasons for rejection shall be in writing and forwarded to the subdivider. Failure of the Common Council to act within sixty (60) days (and the time period not having been extended, and no unsatisfied objections having been filed), shall constitute approval of the final plat. (e) After the final plat has been approved by the Common Council and improvements either installed or a contract and bond ensuring their installation filed in accordance with Section 30-445(A) or 30-445(5) of this Ordinance, the City Clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording. (f) The subdivider shall file ten (10) copies of the final plat, as recorded, with the City Clerk for distribution to appropriate local agencies and offices. (D) Land Division (Certified Survey Map) Procedure (1) Within the corporate limits of the City of Oshkosh, or within the extraterritorial plat approval jurisdiction thereof, the subdivider or developer shall submit a Certified Survey Map, as defined in Chapter 236, Wisconsin Statutes, accompanied by plans for required improvements to the Plan Commission (or its designated agent) at least twelve (12) days prior to the meeting at which it is to be considered. (2) The Certified Survey Map shall contain all information required on a preliminary plat, as specified in this Section of this Land Subdivision Ordinance, and Section 236.34,Wisconsin Statutes,unless said preliminary plat requirement is waived by the Secretary of the Plan Commission. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 24 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (3) Within thirty (30) days of receiving copies of the Certified Survey Map of the land division, the Plan Commission shall take action to approve, approve conditionally, or reject such map, and shall state in writing any conditions of approval or reasons for rejection, unless time is extended by mutual agreement with the subdivider. The Secretary of the Plan Commission shall certify on the face of the Certified Survey Map the Plan Commission's approval and return the map to the subdivider. (4) The subdivider shall record the Certified Survey Map with the County Register of Deeds within thirty (30) days of its approval by the Plan Commission. (E) Plats within the Extraterritorial Plat Approval Jurisdiction (1) When the land to be subdivided lies within three (3) miles of the corporate limits of the City of Oshkosh, the subdivider shall proceed as specified in the Winnebago County Subdivision Ordinance. (2) Approval agencies shall be as specified in Chapter 236,Wisconsin Statutes, and the subdivider must comply with the land division regulations of said agencies or units of government. (3) All improvement requirements specified by the Town Board, or any special district in matters over which they have jurisdiction, shall be met before the filing of the final plat. (F) Assessor's Plat (1) Where it is not practicable to require that final plat of a subdivision created by successive divisions be filed in accordance with this Ordinance, the Common Council may, in lieu thereof, order an Assessor's Plat be made under Section 70.27, Wisconsin Statutes, and may assess the cost thereof as provided in said Section, or to the subdivider. (2) Prior to approval of an Assessor's Plat, adequate dedication of public streets shall be provided. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 25 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (G) Replat (1) When it is proposed to replat a recorded subdivision or part thereof, so as to change the boundaries of a recorded subdivision or part thereof,the subdivider or person wishing to replat shall vacate or alter the recorded plat as prescribed in Sections 236.40 through 236.44, Wisconsin Statutes. (2) The subdivider or person wishing to replat shall then proceed according to the provisions of this Ordinance, and shall comply with any other provisions of this Ordinance in the case of a plat or Certified Survey Map, as the case may be. SECTION 30-444: DESIGN STANDARDS (A) Street Arrangement. The subdivider shall dedicate land for and improve streets as provided herein. Streets shall conform to any applicable Official Map Ordinance in effect. 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. The subdivision and land division shall be designed so as to provide each lot with satisfactory access to a public street, as provided herein. The following conditions shall apply for street arrangement in all proposed subdivisions and land divisions: (1) 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 areas, 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 as is practicable, continuous and in alignment with existing or planned streets with which they are to connect. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 26 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (2) Collector Streets shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the major street and highway system and shall be properly related to special traffic generators, such as schools, churches, shopping centers, and other concentrations of population and to the major streets into which they feed. (3) 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. (4) Proposed Streets shall extend to the boundary lines of the tract being subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the City Plan Commission, such extension is not necessary or desirable for the coordination of adjacent land tracts. Such streets shall terminate with a temporary turnaround of one hundred (100) feet right- of-way diameter and a roadway of not less than seventy (70) feet in diameter. (5) Arterial Street and Highway Protection: Whenever the proposed subdivision contains, or is adjacent to, a major street or highway: Adequate protection of residential properties,limitations of access,and separation of through and local traffic shall be provided by reversed frontage, with screen planting contained in a non-access reservation along the rear property line, or by the use of frontage streets. (6) Reserve Strips controlling access to streets or alleys shall be prohibited, except where their control is definitely placed with the City of Oshkosh. (7) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 27 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (B) Limited Access Highway and Railroad Right-of-Way Treatment. Whenever the proposed subdivision or 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 subdivision 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 said road is prohibited." (2) Commercial and industrial districts should provide on each side of the limited access highway or railroad, streets approximately parallel to, and at a suitable distance from, such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but not less than one hundred fifty (150) feet, unless provision has been made for frontage roads. (3) Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street, highway or collector street which crosses said railroad or highway, shall be located at a minimum distance of two hundred fifty (250) feet from said highway or railroad right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients. (4) Minor streets immediately adjacent and parallel to railroad rights-of-way should be avoided. (C) Protection of Arterial Streets And Highways. Whenever a proposed subdivision or land division contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access and the separation of through and local traffic shall be provided by: (1) Reversed frontage with screen planting contained in a nonaccess reservation along the rear property line. (2) Marginal access street. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 28 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (D) Street Design Standards (1) Width. The right-of-way and roadway of all streets shall be of the width specified on the Official Map or Master Plan. If no width is specified there, they shall be not less than the width specified below: Right-of-Way Roadway Major Streets 80 feet 48 feet Collector Streets 66 feet 36 feet Local Streets 60 feet 32 feet (2) Grades. The grade of major and collector streets shall not exceed six(6) percent unless necessitated by exceptional topography and approved by the Plan Commission. The grade of all other streets shall not exceed ten (10) percent. The minimum grade of all streets shall be .3 percent. (3) Horizontal Curves. A minimum sight distance with clear visibility, measured along the centerline, shall be provided of at least three hundred (300) feet on major streets, two hundred (200) feet on collector streets, and one hundred (100) feet on minor streets. (4) Vertical Curves. All changes in street grades shall be connected by vertical curves of a minimum length equivalent to fifteen (15) times the algebraic difference in the rate of the grade for major streets and collector streets, and one-half (1/2) of this minimum length for all other streets. (5) Tangents. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on major and collector streets. (6) Street Names. New street names shall not duplicate or be similar to existing street names, and streets that are continuations of others already in existence and named shall bear the name of the existing street. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 29 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (7) Cul-de-sac or Dead End Streets. Streets designed to have one end permanently closed should not exceed five hundred (500) feet in length, and shall terminate with a turnaround of not less than one hundred (100) feet in diameter of right- of-way, and a roadway turnaround of seventy (70) feet in diameter. (8) Half-Streets. Half-streets shall not be permitted, except: (a) To complete a street, the other half of which is already dedicated and accepted; or (b) To conform to the major thoroughfare plan or an Official Map. (E) Street Intersections. Streets shall intersect each other as nearly as possible at right angles and not more than two(2) streets shall intersect at one point unless approved by the City Plan Commission. (1) The number of intersections along major streets and highways shall be held to a minimum. Wherever practicable, distances between such intersections should not be less than one thousand two hundred (1,200) feet. (2) Street jogs with centerline offsets of less than two hundred fifty (250) feet shall not be approved where subdivision streets intersect arterial streets and highways. Otherwise, street jogs with centerline offsets shall not be less than one hundred twenty-five (125) feet. (F) Easements (1) Lines To Be Underground In Newly Platted Areas (a) All new electric distribution lines (excluding lines of twelve thousand (12,000) volts or more), all new telephone lines from which lots are individually served, all new telegraph lines and community antenna television cables and services installed within a newly platted area, mobile home park, cluster development or planned development, shall be underground unless the Plan Commission shall specifically find after study that: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 30 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (i) The placing of such facilities underground would not be compatible with the planned development; or (ii) Location, topography, soil, swamp, solid rock, boulders, stands of trees, rows of trees, hedges or other physical conditions would make underground installation unreasonable or impracticable; or (iii) The lots to be served by said facilities can be served directly from existing overhead facilities. (b) Associated equipment and facilities which are appurtenant to underground electric and communication systems, such as but not limited to, substations, pad-mounted transformers, padmounted sectionalizing switches and above grade pedestal-mounted terminal boxes, may be located above ground. Whenever practicable, such equipment and facilities shall be located in rear yard areas. (c) The subdivider or his/her agent shall furnish proof to the Plan Commission that such arrangements as may be required under applicable rates and rules filed with the Public Service Commission of Wisconsin have been made with the owner or owners of such lines or services for placing their respective facilities underground as required by this Section, as a condition precedent to approval of the final plat, site plan, certified survey map or planned commercial site plan. (d) Temporary overhead facilities may be installed to serve a construction site or where necessary because of severe weather conditions. In the latter case, within a reasonable time after weather conditions have moderated or upon completion of installation of permanent underground facilities, such temporary facilities shall be replaced by underground facilities and the temporary facilities removed, subject to any exception permitted by the Plan Commission under subparagraph (a)(i), (ii) and (iii) above. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 31 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (e) Easement Conditions (i) Adequate easements shall be provided and dedicated on each side of all rear lot lines, and on side lot lines, across lots or along front lot lines where necessary, for the installation of storm and sanitary sewers, gas, water, electric and communications lines. Such easements as required by the utility company or other private utility lines shall be noted as "Utility Easements" on the final plat or certified survey map. Prior to approval of the final plat or certified survey map, the concurrence of the electric and communications companies serving the area as to the location and width of the utility easements shall be noted on the final plat or certified survey map. All easements for storm and sanitary sewers, water mains, pedestrian walks, and other public purposes shall be noted thereon as "Public Easement for" followed by reference to the use or uses for which they are intended. (ii) Where the electric and communications facilities are to be installed underground, the utility easements shall be graded to within six (6) inches of final grade by the subdivider, prior to the installation of such facilities, and earth fill, piles or mounds of dirt shall not be stored on such easement areas. Utility facilities when installed on utility easements whether overhead or underground shall not disturb any monumentation in the plat. (iii) Where the electric and/or communications facilities are to be installed underground, a plat restriction shall be recorded with the final plat or certified survey map stating that the final grade established by the subdivider on the utility easements shall not be altered by more than six (6) inches by the subdivider, his agent, or by subsequent owners of the lots on which such utility easements are located, except with written consent of the utility or utilities involved. The purpose of this restriction shall be to notify initial and --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 32 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- future lot owners of the underground facilities at the time of purchase and to establish responsibility in the event of damage to such facilities or to the need to alter such facilities. When the utility company uses a service application, said application should also notify the initial and subsequent lot owners of their responsibility regarding such underground facilities. (2) Drainage Easements. Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and such further width or construction, or both, as will be adequate for the purpose. Wherever possible, the drainage shall be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow. (G) Blocks. The widths, lengths, and shapes of blocks shall be suited to the planning use of the land, zoning requirements, need for convenient access, control and safety of street traffic, and the limitations and opportunities of topography. (1) Length. Blocks in residential areas should not, as a general rule, be less than seven hundred fifty (750) feet, nor more than one thousand three hundred twenty (1,320) feet in length from centerline to centerline, unless otherwise dictated. (2) Width. Blocks shall have sufficient width to provide for two (2) 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 of such use. (3) Pedestrian Crosswalks. Pedestrian crosswalks not less than ten (10) feet wide, may be required by the Plan Commission through the center of blocks more than nine hundred (900) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 33 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code -------------------------------------------------------- (H) Lots. The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. (1) Side Lot Lines should be at right angles to straight street lines, or radial to curved street lines on which the lots face. Lot lines shall follow municipal boundary lines rather than cross them. (2) Double Frontage and Reversed Frontage Lots shall be prohibited, except where required under paragraph (3) above, to provide separation of residential development from through traffic, or to overcome specific disadvantages of topography and orientation. (3) Access. Every lot shall front or abut on a road or street for a distance of at least thirty (30) feet. (4) Lot Dimensions shall conform to the requirements of the Zoning Ordinance and in no case in a residential district have less than a minimum width of sixty (60) feet at the building line, a minimum depth of one hundred (100) feet, and a minimum area of seven thousand two hundred(7,200)square feet. 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 resubdivision of any such parcels into normal lots, in accordance with the provisions of this Ordinance. (5) Depth. Lots should be designed with a suitable proportion between width and depth. Neither long, narrow, or wide; shallow lots are normally desirable. Narrow depth should not exceed two and one-half (2 1/z) times the width, nor be less than one hundred (100) feet. (6) Width of Lots shall conform to the requirements of the Zoning Ordinance, and in no case shall a lot be less than sixty (60) feet in width at the building setback line. (7) Corner Lots shall be designed with extra width to permit adequate building setback from both streets. (8) Municipal Boundaries. Lots shall follow municipal boundary lines wherever practicable, rather than cross them. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 34 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (I) Building Setback Lines. Building setback lines shall conform to the requirements established in the Zoning Ordinance. Where not adequately controlled by zoning regulations, building setback lines appropriate to the location and type of development contemplated shall be established as may be requested by the Plan Commission. (J) Storm Drainage and Grading Plan To minimize off-site water runoff from the subdivision and to ensure positive drainage from all lots within each proposed block,the subdivider shall submit upon filing the final plat per Section 30-443(C)(5), a storm drainage and grading plan for the subdivision as-a-whole and for each block within the proposed subdivision. The City may consider failure to submit a storm drainage and grading plan with final plat submittal a basis for denial of the final plat. This plan shall be prepared so that storm water runoff from the subdivision as-a- whole is in compliance with provisions of Article II of Chapter 24 of the Oshkosh Municipal Code. The Department of Public Works will review the submitted storm drainage and grading plan for compliance with the provisions of these regulations and with the provision of Article II, Chapter 24, of the Oshkosh Municipal Code, and said Department shall make a determination as to compliance or noncompliance with such provisions prior to action on the final plat by the Common Council, per Section 30-443(C)(5). This drainage plan shall include final grade elevations to be maintained along rear lot lines. Design shall be based on environmentally sound site planning and engineering techniques. The best available technology shall be used to minimize off-site storm water runoff, increase on-site infiltration, encourage natural filtration functions, simulate natural drainage systems, and minimize off-site discharge of pollutants to ground and surface water. Best available technology may include measures such as retention basins, recharge trenches, porous paving and piping, contour terraces, and swales. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 35 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code Should the approved drainage plan require any grading or the installation of storm water drainage facilities within any block or blocks, the subdivider shall cause such grading or other improvements to be installed at his expense at the same time the subdivision roads are being graded. To ensure compliance with the approved drainage plan, a covenant shall be included on the face of the final plat referring to the drainage plan and requiring compliance therewith. Upon approval of the storm drainage and grading plan by the Department of Public Works, the subdivider shall submit one (1) mylar copy of the drainage and grading plan, drawn on the same sheet size as the final plat, to the Department of Public Works. (K) Street Lighting Plan In order to ensure proper street lighting within a subdivision, a street lighting plan shall be submitted at the time of preliminary plat review. The street lighting plan shall include the location of all street illumination structures and shall specify the type of street lighting to be provided. Prior to submitting the street lighting plan, the subdivider should consult with Wisconsin Public Service Corporation and with the Director of Public Works for the City of Oshkosh. Prior to review of a preliminary plat by the Plan Commission, the Director of Public Works for the City of Oshkosh shall approve all street lighting plans. To ensure compliance with the approved street lighting plan, a covenant shall be included on the face of the final plat referring to the street lighting plan and requiring compliance therewith. (L) Terrace Trees Plan A plan for placement of terrace trees shall be submitted at the time of the preliminary plat review or Certified Survey Map (CSM) submittal. The plan shall include the location and type of all trees to be planted in the terrace. Prior to submitting the terrace tree plan, the subdivider shall consult with the City Forester and the Director of Public Works for the City of Oshkosh. Prior to review of the preliminary plat or CSM by the Plan Commission, the City Forester and the Director of Public Works for the City of Oshkosh shall approve all terrace tree plans. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 36 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- To ensure compliance with the approved terrace tree plan, a covenant shall be included on the face of the CSM or final plat referring to the terrace tree plan and requiring compliance therewith. SECTION 30-445: REQUIRED IMPROVEMENTS FOR SUBDIVISIONS No final plat for the subdivision of land in the City of Oshkosh shall be approved by the Common Council until the subdivider has made arrangements with the City to install the required improvements as hereinafter provided. (A) Methods of Financing - Improvements to Plats within the City Limits. Improvements may be provided by the subdivider in one of the following ways: (1) By private contract prior to approval of the Certified Survey Map or final plat. (2) By entering into a contract with the City of Oshkosh, before the final plat is submitted for approval, agreeing that he/she will install the required improvements. The subdivider shall file with said contract a bond meeting the approval of the City Attorney or a certified check or letter of credit in an amount equal to the estimated cost of said improvements as prepared by the Director of Public Works. Such bond, check, or letter of credit shall constitute a guarantee that such improvements will be completed by the subdivider or his contractors not later than three (3) years from the date of recording of the final plat, except in the case of sidewalk installation. In which case, sidewalks shall be constructed when seventy-five (75) percent of the lots within the subdivision are developed, but in no event before the street is paved, or greater than five (5) years after Common Council approval of the final plat. It shall constitute a further guarantee that all obligations to subcontractors for work on the development are satisfied. The contractor and/or subcontractors who are to be engaged in the construction or improvements on dedicated street rights-of-way shall be designated as qualified for such work by the Director of Public Works. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 37 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ Governmental units to which these bond and contract provisions apply may file in lieu of said contract or bond, a letter from officers authorized to act in their behalf, agreeing to comply with the provisions of this Section. (3) The subdivider may,in lieu of options (1) and (2) above, avail himself of special assessment financing for the installation of the improvements required by this Ordinance, including sewer, water, grading, storm sewer, graveling and street surfacing (including curb and gutter), and sidewalk installation. The cost of such special assessments shall be based upon the Director of Public Works' estimates for one hundred (100) percent of said improvements, plus engineering costs, if the City provides this service. If the subdivider desires to avail himself of special assessment financing, he shall submit a petition to the City Clerk in accordance with the applicable Special Assessment Improvements Policy of the City, requesting installation of such improvements and expressly waiving all legal requirements, including the right to notice and hearing, with respect to the special assessments to be levied in connection therewith. The City Clerk shall tabulate petitions under this method on September 1st of each year. The Common Council shall then consider each petition on an individual petition basis. No commitment to provide special assessment financing is inferred until individually approved by the Common Council. In the event that funds are available to only partially fund all of the subdivisions desiring this option, the Common Council shall be guided by giving consideration on the basis of the subdivision or subdivisions which have the lowest unrecoverable City cost per lot, and other factors. (B) Methods of Financing - Improvements to Plats Located within the Three-Mile Extraterritorial Plat Approval Jurisdiction. No plat for the subdivision of land located within the City of Oshkosh's three (3) mile extraterritorial plat approval jurisdiction shall be approved by the Common Council until the subdivider has made arrangements to install the required improvements as hereinafter provided. Improvements may be provided by the subdivider in one of the following ways: (1) By private contract prior to approval of the Certified Survey Map or final plat. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 38 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (2) By entering into a contract with the City of Oshkosh, before the final plat is submitted for approval, agreeing that he/she will install the required improvements. The subdivider shall file with said contract a bond meeting the approval of the City Attorney, or a certified check or letter of credit, in an amount equal to the estimated cost of said improvement as prepared by the Director of Public Works. Such bond, check, or letter of credit shall constitute a guarantee that such improvements will be completed by the subdivider or his contractors not later than three (3) years from the date of recording the final plat. It shall constitute a further guarantee that all obligations to subcontractors for work on the development are satisfied. The contractor and/or subcontractors who are to be engaged in the construction of improvements on dedicated street rights-of-way shall be designated as qualified for such work by the Director of Public Works. Governmental units to which these bond and contract provisions apply may file in lieu of said contract or bond, a letter from officers authorized to act in their behalf, agreeing to comply with the provisions of this Section. (3) The subdivider may,in lieu of options (1) and (2) above, avail himself of special assessment financing if such financing is available through the unit of local government in which the plat is located. The special financing provided by the City of Oshkosh for improvements to plats located within the City's corporate limits will not be available to developers of extraterritorial plats. (C) Required Improvements. The following improvements shall be provided in all plats located within the City of Oshkosh or within the City's three (3) mile extraterritorial plat approval jurisdiction: (1) Survey Monuments. Before final approval of any plat, the subdivider shall install monuments placed in accordance with the requirements of Chapter 236, Wisconsin Statutes, and as may be required by the Director of Public Works. The Director of Public Works may waive the placing of monuments for a reasonable time on condition that the subdivider executes a surety bond to ensure the placing of such monuments within the time required. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 39 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- For plats located within the City of Oshkosh extraterritorial plat approval area, the subdivider shall proceed under the Winnebago County Subdivision Ordinance. (2) Street Grading. After the installation of temporary block corner monuments by the subdivider and establishment of street grades by the Director of Public Works, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated, in accordance with plans and Standard Specifications approved by the Department of Public Works. (3) Sanitary Sewers. The subdivider shall construct sanitary sewers in such a manner as to make adequate sanitary sewerage service available to each lot within a subdivision or land division. Laterals extending from the sanitary sewer main to the lot line to service each parcel of property within the subdivision shall be installed. The size, type, and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and specifications approved by the Department of Public Works. In the extraterritorial plat approval jurisdiction, where no public sanitary sewers are available, on-site effluent systems shall be allowed. In such instances, the subdivider shall proceed under the Winnebago County Private Sewage System Ordinance. The subdivider shall file a copy of the permit issued by Winnebago County with the City of Oshkosh, together with the filing of the final plat or Certified Survey Map. The subdivider shall assume the cost of installing all sanitary sewers necessary to serve the subdivision. If greater diameter pipes are required to handle additional flows from beyond the subdivision/development the excess cost of such larger sewers shall be borne by the City of Oshkosh,if the plat is located within the City's corporate limits. The size, type and installation of all sanitary sewers shall be in accordance with plans and specification approved by the Department of Public Works. The City of Oshkosh will not participate in any costs associated with the installation of sanitary sewer improvements in plats located within the City's extraterritorial plat approval jurisdiction. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 40 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (4) Water The subdivider shall construct water mains in such a manner as to make adequate water service available to each lot within the subdivision. Water laterals shall be constructed to each lot line. The size, type, and installation of all public water mains shall be in accordance with plans and Standard Specifications approved by the Department of Public Works. In the extraterritorial plat approval jurisdiction where no public water mains are available, water wells shall be allowed. In such instances, the subdivider shall proceed under the Winnebago County Sanitary Ordinance. The subdivider shall file a copy of the permit issued by Winnebago County with the City of Oshkosh,together with the filing of the final plat or Certified Survey Map. The subdivider shall assume the cost of installing all water mains necessary to serve the subdivision/development. If greater diameter water mains are required, the excess cost of such mains shall be borne by the City of Oshkosh if the plat is located within the City's corporate limits. The size, type and installation of all water mains shall be in accordance with plans and specification approved by the Department of Public Works. The City of Oshkosh will not participate in any costs associated with the installing of water main improvements in plats located within the City's extraterritorial plat approval jurisdiction. (5) Storm Sewers and Drainage Facilities Storm sewer and other storm drainage facilities called for in the storm drainage and grading plan shall be constructed with the necessary facilities throughout the entire subdivision. Storm sewers shall be separate and independent of the sanitary sewer system, and shall provide an adequate outlet or connections to the storm sewer system of the City. When storm sewers are not installed, adequate facilities for the removal of surface water shall be provided throughout the entire subdivision, as reflected in the storm drainage and grading plan. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 41 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ The subdivider shall assume the cost of installing all storm sewers necessary to serve the subdivision/development including storm sewer, manholes, inlets and catch basin leads. If greater diameter pipes are required to handle additional flows from beyond the subdivision/development, the excess cost shall be borne by the City of Oshkosh if the plat is located within the City's corporate limits. The size, type, and installation of all storm sewers shall be in accordance with plans and specifications approved by the Department of Public Works. All other storm drainage facilities called for in the storm drainage and grading plan shall be the sole responsibility of the subdivider. Unless otherwise waived in the approved storm drainage and grading plan, all new subdivisions approved for development within the City of Oshkosh shall be required to install storm sewer laterals from the storm sewer to the lot line to service each parcel. Prior to occupancy of any building, the building drainage system shall be connected to the available storm sewer lateral. This connection shall be the responsibility of the property owner. On lots that abut navigable waterways, such as channels, rivers or lakes, this regulation shall not apply if the sump water drainage system is designed to direct sump water into said navigable waterway. The City of Oshkosh will not participate in any costs associated with the installation of storm sewer improvements in plats located within the City's extraterritorial plat approval area. (6) Street Surfacing, Curb and Gutters, Sidewalks (a) After installation of all utility and storm water drainage improvements the subdivider shall install public streets, six (6) inch vertical face curb and gutter, and sidewalks within the subdivision in accordance with plans prepared and/or approved by the Department of Public Works. No building permit shall be issued within the subdivision until streets have been installed unless the subdivider shall provide temporary streets developed in accordance with specifications approved by the Department of Public Works. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 42 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (b) With the City's approval, and in accordance with provisions of Section 30- 445(A) and depending upon specifications followed for installation of backfill to utility trenches, permanent streets shall be installed no later than the third year following final plat approval, and sidewalks installed no later than the fifth year following final plat approval. (c) Surfacing and curbs and gutters shall be done in accordance with plans and Standard Specifications approved by the Department of Public Works, and shall consist of the following: Type of Street Surface Major 4 Inches of crushed stone and 8 inches of non-reinforced concrete Collector 5 Inches of crushed stone and 7 inches of non-reinforced concrete Local 5 Inches of crushed stone and 7 inches of non-reinforced concrete; OR 7 inches of concrete stone and 5 inches of asphalt. (d) The Subdivider shall assume the cost of surfacing all roadways thirty-two (32) feet in width or less in residential subdivisions and thirty-six (36) feet in width for non-residential or mixed-use development areas, and the cost of installation of all curbs and gutters. The cost of surfacing widths in excess of thirty-two (32) feet in residential or thirty-six (36) feet in non- residential or mixed-use areas shall be borne by the City of Oshkosh if the plat is located within the City's corporate limits. The cost of sidewalk installation shall be borne by the subdivider in accordance with Section 30- 445(A) and (B). (e) All new subdivisions approved for development within the City of Oshkosh shall be required to install standard concrete sidewalks in accordance with the following standards: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 43 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (a) Sidewalks shall be required on both sides of the street. (b) Sidewalks are not required on cul-de-sacs or dead end streets less than one hundred fifty (150) feet in length, unless it is required by the Common Council. (c) Sidewalks shall be a minimum of five (5) feet wide. (d) Construction of said sidewalks to be in conformance with requirements set forth in Chapter 25 of the City of Oshkosh Municipal Code. (f) The City of Oshkosh will not participate in any costs associated with the installation of street surfacing, curb and gutters, or sidewalk improvements in plats located within the City's extraterritorial plat approval area. (g) The requirement for sidewalks may be waived or modified by the Common Council if the subdivider submits an alternative plan to effectively serve pedestrian needs. An alternative plan may involve the development of a trail system serving all lots within the subdivision, linking the trail system to other trails or sidewalks in adjacent areas. (7) Other Utilities. The subdivider shall cause gas, electrical power, and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision. No such electrical or telephone service shall be located on overhead poles, unless otherwise allowed due to exceptional topography or other physical barrier. Associated equipment and facilities which are pertinent to underground telephone and electric systems (such as, but not limited to, substations, padmounted transformers, padmounted sectionalizing switches, pedestals, mounted terminal boxes), may be located above ground. (8) Street Lighting. The subdivider shall cause lights as specified in the approved street lighting plan to be installed in order to adequately illuminate the subdivision. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 44 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ The subdivider shall assume the cost of installing all street lights as specified in the approved street lighting plan, exclusive of that portion, if any, absorbed by Wisconsin Public Service Corporation. This Section shall apply to all plats located in the City of Oshkosh and within the City's three (3) mile extraterritorial plat approval jurisdiction. (9) Preparation of Plans and Specifications. The City of Oshkosh may,by common agreement between the Common Council and subdivider, provide the engineering services needed for all or part of the required improvements. If the city provides this service, it shall be reimbursed in the amount of twelve (12) percent of the actual cost of improvements designed by the City. In the event that the method of financing outlined in Section 30-445(A)(3) is utilized, said twelve (12) percent engineering cost shall be added to the special assessment. The service is not available to subdividers platting within the extraterritorial plat approval jurisdiction. (10) Terrace Trees. The subdivider shall cause terrace trees to be planted as specified in the approved terrace tree plan.The standards for tree planting shall be: (a) Trees shall be planted a minimum of thirty(30) feet apart and a maximum of sixty (60) feet apart. (b) Trees shall be planted no closer than forty (40) feet to an intersection. (c) There shall be no less than 1 tree per platted lot. (d) Alternative planting materials/types may be considered during review of the preliminary plat or certified survey map before the Plan Commission. (e) Any deviations from these standards must be approved by the City Forester. The subdivider shall assume the cost of planting all terrace trees as specified in the approved terrace tree plan. This Section shall apply to all plats, certified survey maps or other land divisions located in the City of Oshkosh and all plats, certified survey maps or other land divisions within areas designated as city expansion areas in any intergovernmental agreement(s). --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 45 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code SECTION 30-446: CONSTRUCTION (A) Commencement. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved and the Director of Public Works has given written authorization. (B) Building Permits. No building permits shall be issued for erection of a structure on any lot of record in the new subdivision until all the requirements of this Ordinance have been met as to said lot. (C) Inspection. The subdivider, prior to commencement of any work within the new subdivision, shall make arrangements with the Director of Public Works to provide for adequate inspection. The Director of Public Works shall inspect and approve all completed work prior to approval of the final plat or release of the sureties. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIII-Page 46 Municipal Codes