Chapter 17.40


17.40.010    Street arrangement.

17.40.020    Limited access highway treatment.

17.40.030    Street and pedestrian way design standards.

17.40.040    Street intersections.

17.40.050    Blocks.

17.40.060    Lots.

17.40.070    Building and setback lines.

17.40.080    Easements.

17.40.090    Public sites and open spaces.

17.40.100    Private access points to lakes and streams.

17.40.110    Table One.

17.40.010 Street arrangement.

In any new subdivision the street layout shall conform to the arrangement, width and location indicated on any applicable official map, Walworth County jurisdictional highway system plan, comprehensive plan or plan component, or neighborhood unit development plan of the Town. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas. The subdivision shall be designed so as to provide each lot with at least 50 feet of frontage or easement access on a public street; provided, that no more than one lot may be served by any such easement.

1.    Arterial streets shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. 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 practicable, continuous and in alignment with existing or planned streets with which they are to connect.

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 the arterial streets to which they connect.

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 Town Plan Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts. Examples of where the Town would not require a street to extend to the property boundary would be when the subdivision abuts a wetland or other unsuitable lands, or where a sewered subdivision abuts lands not included in a sanitary sewer service area.

5.    Arterial Street and Highway Protection. Whenever the proposed subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access, and separation of through and local traffic shall be provided by reversed frontage, with screen planning contained in a 30-foot nonaccess reservation along the rear property line, or by the use of frontage streets.

6.    Stream or lake shores shall have 60 feet of public access platted to the low water mark at intervals of not more than one-half mile as required by Wis. Stat. § 236.16(3).

7.    Reserve strips shall not be provided on any plat to control access to streets or alleys, except where control of such strips is placed with the Town under conditions approved by the Town Plan Commission.

8.    Access shall be provided in commercial and industrial districts for off-street loading and service unless otherwise required by the Town Plan Commission.

9.    Street names shall not duplicate or be similar to existing street names elsewhere in the Town, and existing street names shall be projected wherever possible. (2008 code § 18.08(1))

17.40.020 Limited access highway treatment.

Whenever the proposed subdivision contains or is adjacent to a limited access highway, the design shall provide the following treatment:

1.    When lots within the proposed subdivision back upon the right-of-way of an existing or proposed limited access highway, a planting strip at least 30 feet in depth shall be provided adjacent to the highway in addition to the normal lot depth. This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat: “This strip reserved for the planting of trees and shrubs, the building of structures, except public or private utility structures, hereon is prohibited.”

2.    Commercial and industrial districts shall have provided, on each side of a limited access highway or railroad, streets approximately parallel to and at a suitable distance from such highway for the appropriate use of the land between such streets and highway or railroad, but not less than 150 feet.

3.    Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street and highway or collector street which crosses said highway shall be located at a minimum distance of 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 to and parallel to railroad rights-of-way shall be avoided, and location of minor streets adjacent to arterial streets and highways and to railroad rights-of-way shall be avoided in residential areas. (2008 code § 18.08(2))

17.40.030 Street and pedestrian way design standards.

The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified by the comprehensive plan, comprehensive plan component, official map, neighborhood unit development, or county jurisdictional highway system plan. If no width is specified therein, the minimum width for arterial, collector, and minor streets shall be as shown on Table 1. Cross-sections for freeways, expressways, and parkways should be based on detailed engineering studies.

1.    Cul-de-sac streets designed to have one end permanently closed shall not exceed 1,000 feet in length. All cul-de-sac streets designed to have one end permanently closed shall terminate in a circular turnaround having a minimum right-of-way radius of 66 feet and a minimum outside curb radius of 45 feet.

2.    Temporary termination of streets intended to be extended at a later date shall be accomplished with a temporary cul-de-sac in accordance with the standards set forth above, or by construction of a temporary “T” intersection 33 feet in width and 33 feet in length abutting the right-of-way lines of the access street on either side, at the discretion of the Town Board.

3.    Street grades, unless necessitated by exceptional topography, subject to the approval of the Town Plan Commission, the maximum centerline grade of any street or public way shall not exceed the following:

a.    Aerial streets: six percent.

b.    Collector streets: eight percent.

c.    Minor streets, alleys and frontage streets: 10 percent.

d.    Pedestrian ways: 12 percent unless steps or stairs of acceptable design are provided.

e.    The grade of any street shall in no case exceed 12 percent or be less than one-half of one percent.

Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for major streets, and one-half this minimum for all other streets.

4.    Radii of Curvature. When a continuous street centerline deflects at any one point by more than 10 degrees, a circular curve shall be introduced having a radius of curvature on said centerline of not less than the following:

a.    Arterial streets and highways: 500 feet.

b.    Collector streets: 300 feet.

c.    Minor streets: 150 feet.

A tangent at least 100 feet in length shall be provided between reverse curves on arterial and collector streets.

5.    Elevations of roadways passing through floodplain areas shall be designed in the following manner:

a.    Arterial streets shall be designed so that they will not be overtopped by the 50-year recurrence interval flood.

b.    Collector and minor streets shall be designed so that they will not be overtopped by the 10-year recurrence interval flood.

6.    New and Replacement Bridges and Culverts. All new and replacement bridges and culverts over perennial waterways, including pedestrian and other minor bridges, in addition to meeting other applicable requirements, shall be designed so as to accommodate the 100-year recurrence interval flood event without raising the peak stage, either upstream or downstream, more than 0.01 foot above the peak stage for the 100-year recurrence interval flood, as established in the applicable federal flood insurance study. Larger permissible flood stage increases may be acceptable for reaches having topographic land use conditions which could accommodate the increased stage without creating additional flood damage potential upstream or downstream of the proposed structure providing the flood easements or other appropriate legal measures have been secured from all property owners affected by the excess stage increases. Such bridges and culverts shall be so designed and constructed as to facilitate the passage of ice flows and other debris.

All new and replacement bridges shall be constructed in accordance with all applicable state statutes and codes and plans shall be submitted to the Wisconsin Department of Natural Resources (DNR) to assure compliance therewith.

7.    Half Streets. Where an existing dedicated or platted half street is adjacent to the tract being subdivided, the other half of the street shall be dedicated by the subdivider. The platting of half streets shall not be permitted. (2008 code § 18.08(3))

17.40.040 Street intersections.

Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition:

1.    The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than two.

2.    Number of intersections along arterial streets and highways shall be held to a minimum. Wherever practicable, the distance between such intersections shall not be less than 1,200 feet.

3.    Minor or collector streets shall not necessarily continue across arterial streets; but if the centerlines of such minor or collector streets approach the major streets from opposite sides within 300 feet of each other, measured along the centerline of the arterial or collector streets, then the location shall be so adjusted that the adjoinment across the major street is continuous, and a jog is avoided. (2008 code § 18.08(4))

17.40.050 Blocks.

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

1.    The length of blocks in residential areas shall not as a general rule be less than 600 feet nor more than 1,500 feet in length unless otherwise dictated by exceptional topography or other limiting factors of good design.

2.    Pedestrian ways of not less than 10 feet in width may be required near the center and entirely across any block over 900 feet in length where deemed essential by the Town Plan Commission to provide adequate pedestrian circulation or access to schools, shopping centers, churches or transportation facilities.

3.    The width of blocks shall be sufficient to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic and railroad rights-of-way. The 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.

4.    Utility easements for electric power and telephone service shall be located as determined by the applicable utility company. All lines, pipes, cables and similar equipment shall be installed underground within all newly platted subdivisions except and unless the Town Board, upon recommendation of the Town Plan Commission after study, finds that the locations, topography, soil, stands of trees, or other physical barriers would make underground installation unreasonable or impractical or that the lot to be served by said facilities can be served directly from existing overhead facilities and the requiring of underground installation would constitute an undue hardship upon the subdivider. Associated equipment and facilities which are appurtenant to underground electric communications and gas facility systems, including, but not limited to, substations, pad-mounted transformer, pad-mounted sectionalizing switches, above grade pedestal-mounted terminal boxes, junction boxes, meter points, and similar equipment may be installed on the ground surface. Any landscape screening plan required for such aboveground equipment shall be submitted to the affected utilities and the Town Plan Commission for approval. (2008 code § 18.08(5))

17.40.060 Lots.

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

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

2.    Double frontage and reverse frontage lots shall be prohibited except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. Such permitted double frontage and reverse frontage lots shall provide an extra lot depth of 20 feet for landscaped buffering.

3.    Access. Every lot shall front or abut for a distance of at least 50 feet on a public street.

4.    Area and dimensions of lots shall conform to the requirements of the Walworth County Zoning Ordinance. Wherever a tract is subdivided into parcels that are more than twice the minimum lot area required for the zoning district in which the parcel is located, the Town Plan Commission may require such parcels to be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this title.

5.    Depth. Excessive depth in relation to width shall be avoided and a proportion of two to one (2:1) shall be considered a desirable ratio under normal conditions. Depth 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 uses contemplated.

6.    The width of lots shall conform to the requirements of the Walworth County Zoning Ordinance, and in no case shall a lot be less than 75 feet in width at the building setback line.

7.    Corner lots, when located in a district which permits width less than 100 feet, shall have an extra width of 10 feet to permit adequate building setbacks from side streets.

8.    Lands lying between the meander line and water’s edge and any otherwise unplattable lands which lie between a proposed subdivision and the water’s edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or stream.

9.    Back lot development or lake lot pyramiding is prohibited. Lots abutting a lake which are zoned for single-family residential development shall be used on a continuing basis for only one family. The purchase of a single lot or outlot abutting a lake shall not be used as access for lots, subdivision or other developments located away from the lake. (2008 code § 18.08(6))

17.40.070 Building and setback lines.

Building setback lines appropriate to the location and type of development contemplated, which are more restrictive than the regulation of the zoning district in which the plat is located, may be required by the Town Plan Commission and shall be shown on the final plat or certified survey map. Examples of the application of this provision would include requiring greater setbacks on cul-de-sac lots to achieve the necessary lot width at the setback line, requiring greater setbacks to conform to setbacks of existing adjacent development, or setting special yard requirements to protect natural resource elements. (2008 code § 18.08(7))

17.40.080 Easements.

1.    Utility Easements. The Plan Commission may require utility easements of widths deemed adequate for the intended purpose of each side of all rear lot lines and on side lot lines or across lots where necessary or advisable for electric power and communication poles, wires, conduits, storm and sanitary sewers; and gas, water and other utility lines. All easements shall be noted on the final plat followed by reference to the use or uses for which they are intended.

2.    Drainage Easements. Where a subdivision is traversed by a drainage way or stream, an adequate easement shall be provided as may be required by the Town Plan Commission. The location, width, alignment, and improvement of such drainage way or easement shall be subject to the approval of the Town Engineer; and parallel streets or parkways may be required in connection therewith. Where necessary, storm water drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow. These design details are subject to review and approval by the Town Engineer. (2008 code § 18.08(8))

17.40.090 Public sites and open spaces.

1.    In the design of the plat or certified survey map, due consideration shall be given to the reservation of suitable sites of adequate area for future schools, parks, playgrounds, drainage ways, and other public purposes. If designated on the comprehensive plan, comprehensive plan component, official map, or neighborhood unit development plan, such areas shall be made a part of the plat or certified survey map as stipulated in ETMC 17.15.030. If not so designated, consideration shall be given to preserving open space sites such as primary environmental corridors, scenic and historic sites, woodlands, wetlands, lakes, ponds, watercourses, and ravines within the proposed plat or certified survey map.

2.    Town Park and Trail. A subdivider of land which contains park lands designated in the Comprehensive Plan or the Official Map of the Town of East Troy or lands designated for trails proposed for acquisition or development as delineated in the Town public site fee ordinance shall:

a.    Dedicate such lands; or

b.    Reserve such lands and pay any required fees in accordance with Chapter 17.60 ETMC, Impact Fees.

3.    If the proposed subdivision or certified survey map does not encompass park lands or lands designated for trails proposed for acquisition and/or development to serve the future inhabitants of the proposed subdivision or certified survey map but is located within the “Service Area” as defined in the Town impact fee ordinance, an impact fee shall be paid to the Town Treasurer at the time of first application for approval of a final plat or certified survey map in accordance with Chapter 17.60 ETMC, Impact Fees.

4.    Impact fees collected by the Town Clerk under the provisions of this title shall have a separate account created for each impact fee collected. The revenue and expenditure totals for each impact fee imposed must be reported in the municipal budget summary under Wis. Stat. § 65.90 in advance of the annual budget meeting.

Impact fees collected must be used within seven years or the Town Clerk shall refund to the current owner of the property from which the impact fee was collected the impact fee plus accumulated interest.

The Town of East Troy may extend the seven-year time frame noted above by three years, for a total of 10 years, if the Town Board finds that there are extenuating circumstances or hardships that warrant the extension. (Ord. 2016-2 § 1. 2008 code § 18.08(9))

17.40.100 Private access points to lakes and streams.

All points of access to any Town lake or stream shall conform to the applicable provisions of the Walworth County Zoning Ordinance and the Walworth County Shoreland Zoning Ordinance. The purpose of this section is to promote the comfort, health and safety of the Town and its citizens and to preserve and protect the environmental and water quality of all Town lakes and streams.

1.    All points providing access whether by easement, deed or plat reservation to any Town lake or stream from more than one dwelling unit on lots, which do not front directly on the water, shall have a minimum width of 75 feet at the normal high water line.

2.    In order to carry out the intent and purpose of these regulations, the Town Plan Commission and/or Town Board may require the subdivider to install such improvements in the access area as may be necessary to further the maintenance of safe and healthful conditions and prevent and control water pollution. When appropriate, the Town Plan Commission and/or Town Board may require the subdivider to record restrictions pursuant to Wis. Stat. § 236.293, to provide for the continued maintenance of the required improvements and/or to prohibit the subsequent grant of access to lakes and streams following an approval of a plat of subdivision which has not incorporated access as part of its final plat.

3.    The Town Plan Commission and/or Town Board may specify additional conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, lighting, fencing, location, size and number of signs, water supply and waste disposal systems, higher performance standards, floodproofing, ground cover, diversions, silting basins, terraces, stream bank protection planting screens, operational control, hours of operation, or increased yards, upon a finding that these are necessary to fulfill the purpose and intent of this section.

4.    The Town Plan Commission and/or Town Board when applying the provisions of this chapter shall afford the subdivider and any other interested party an opportunity to present evidence and be heard at a public hearing. (2008 code § 18.08(10))

17.40.110 Table One.

That Table One shall be deemed to include before cross-sections attached hereto. (2008 code § 18.08(1))