Trans 233.13 NoteTrans 233.05 Direct access to state trunk highway. (1) There shall be no direct vehicular access between the state trunk highway and the individual lots or parcels in the subdivision without the express consent of the commission. The following restriction shall be appropriately placed on the face of the plat and shall be executed as a conveyance is executed. (It may be made a part of the owner’s certificate required by s. 236.21 (2) (a), Stats.); Trans 233.13 NoteAs owner I hereby restrict all lots and blocks (except Lot Block ), in that no owner, possessor, user, nor licensee, nor other person shall have any right of direct vehicular ingress or egress with (U.S.H.) (S.T.H.)_____________ or _______________Street, as shown on the plat; it being expressly intended that this restriction shall constitute a restriction for the benefit of the public according to s. 236.293, Stats., and shall be enforceable by the state highway commission. Trans 233.13 Note(2) In accordance with the objectives and purposes of these rules and regulations, the commission may require a desirable pattern of access between a state trunk highway and abutting lands which are contiguous to and adjoin the proposed subdivision and which are owned by or under option (formal or informal), contract or lease to the subdivider. A recordable covenant running with the land may be required with respect thereto.
Trans 233.13 Note(3) When deemed feasible, frontage roads or a satisfactory alternative will be required.
Trans 233.13 Note(4) Before street connections to state trunk highways, as indicated on an approved plat can be constructed, a permit must be obtained as required under s. 86.07, Stats. These permits for street connections will be issued only to the local unit of government and will not be issued prior to favorable commission review of the preliminary or final plat. Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56. Trans 233.13 NoteTrans 233.06 Frequency of street or road connections. (1) The subdivision shall be laid out with a minimum number of street connections with abutting state trunk highways.
Trans 233.13 Note(2) Dependent upon the character of the state trunk highway abutting the subdivision, the commission will determine a minimum allowable distance between connections with the state trunk highway, 2 subdivision streets or between a subdivision street and an existing or planned street or road. In general, a distance of at least 1,000 feet will be required.
Trans 233.13 Note(3) In appropriate cases where existing streets provide access to the state trunk highway deemed reasonable and adequate by the commission, the streets in the subdivision shall not be opened directly into the state trunk highway.
Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56. Trans 233.13 NoteTrans 233.07 Temporary street connections. (1) The commission may issue temporary street permits for street connections in the case of:
Trans 233.13 Note(a) A subdivision which at the time of review cannot provide direct access complying with the provisions of s. Trans 233.06 (2). Trans 233.13 Note(b) A subdivision layout which might necessitate a point or pattern of access for a future adjacent subdivision, not in accordance with s. Trans 233.06 (2). Trans 233.13 Note(2) The commission may require that such temporary street connections be altered or closed by the appropriate parties or authorities at a later date in order to achieve a desirable access pattern. The street connection shall be prominently labeled “Temporary Street Connection” on the plat, and the following restriction shall be lettered on the plat:
Trans 233.13 Note“The street connection(s) shown on this plat shall be used under a temporary street permit which may be canceled at such time as a feasible alternate means of access to (S.T.H.) (U.S.H.) is provided.”
Trans 233.13 Note(3) When such a temporary street connection is granted, the subdivider shall dedicate a frontage road or a satisfactory alternative, to provide for a present or future pattern of access in accordance with the requirements of s. Trans 233.06 (2). Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56; corrections in (1) and (3) made under s. 13.93 (2m) (b) 4., Stats., Register, June, 1989, No. 402; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488. Trans 233.13 NoteTrans 233.08 Setback requirements. (1) There shall be a minimum building setback 110 feet from the centerline of the state trunk highway or 50 feet outside the nearer right-of-way line, whichever is more restrictive. However, if the local unit of government has a uniform setback ordinance which requires a minimum building setback for state trunk highways equal to or greater than 100 feet from the centerline or 42 feet from the nearer right-of-way line, whichever is more restrictive, the local ordinance shall govern for the sake of consistency; provided that the local unit of government shall allow no variances or exceptions for platted areas abutting state trunk highways without prior approval of the commission. There shall be no improvements or structures placed between the highway and the set back line.
Trans 233.13 Note(2) The setback requirement shall be shown on the plat and shall be a restriction for the benefit of the public under s. 236.293, Stats. Trans 233.13 Note(3) The commission may require that a frontage road be set back from the present highway to allow for future highway improvement. When this is the case, the area between the highway and the frontage road shall be marked “Dedicated for highway purposes,” and shall be deemed so dedicated.
Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56. Trans 233.13 NoteTrans 233.09 Physical requirements of access. Rules governing construction requirements of driveways and street openings will be found in ch. Trans 231. Detailed specifications may be obtained at the district offices of the commission. Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488. Trans 233.13 NoteTrans 233.10 Recommended procedure. In accordance with s. 236.12 (2) (a), Stats., the commission recommends the following procedure:
Trans 233.13 Note(1) Before the lots are surveyed and staked out, the subdivider or his agent should submit a sketch to the district office of the district in which the land lies. The sketch should indicate roughly the layout of lots and the approximate location of streets, and should include other information required in these rules and regulations.
Trans 233.13 Note(2) The subdivider should confer with district office representatives throughout development of the plat.
Trans 233.13 Note(3) Prior to the formal submittal of a preliminary or final plat pursuant to s. 236.12 (2) (a), Stats., the subdivider should have the district office review the plat.
Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56. Trans 233.13 NoteTrans 233.11 Variances. The commission may, in appropriate cases and subject to appropriate conditions and safeguards, authorize variances to the terms of these rules and regulations in special cases where the literal application of these rules and regulations will result in practical difficulty or unnecessary hardship, or will defeat an orderly over-all development plan of a local unit of government; provided that such variance shall not be contrary to the public interest and shall be in harmony with the general purposes and intent of ch. 236, Stats., and these rules and regulations. Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56. Trans 233.13 NoteTrans 233.12 Performance bond. The commission may, in appropriate cases, require that a performance bond be posted to ensure the construction of any improvements in connection with the subdivision which may affect a state trunk highway.
Trans 233.13 HistoryHistory: Cr. Register, September, 1956, No. 9, eff. 10-1-56.
