Village of Richfield, WI Planned Development District

Presubmittal meeting with staff. The applicant or the applicant's agent meets with the Zoning Administrator to review i) applicable regulations and procedures; ii) applicable sections of the Village's Comprehensive Plan and applicable neighborhood plans, if any; and iii) the proposal. Upon request, the Zoning Administrator may waive the requirement to hold a presubmittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the Village's zoning requirements.

Preapplication conference with Plan Commission. The applicant meets with the Plan Commission for an informal discussion relating to the proposed project. At that meeting, the applicant shall provide the Plan Commission with materials that describe the proposed project in sufficient detail for a preliminary, nonbinding review.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

(5)

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

(6)

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator provides for i) a Class 2 public notice, ii) property owner notice, and, iii) meeting agenda notice.

(7)

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.

(8)

Public hearing. Allowing for proper notice, the Plan Commission and Village Board conduct a joint public hearing to review the application consistent with Division 3 of Article 4, with the Village President serving as the presiding officer. Prior to the close of the public hearing, the applicant or the Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Plan Commission may direct the Zoning Administrator to conduct additional research related to the proposed district.

(9)

Staff follow-up. After the close of the public hearing, the Plan Commission may direct the Zoning Administrator, Village Engineer, and/or the Village Attorney to prepare a preliminary decision document.

(10)

Plan Commission recommendation. The Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the general development plan, subject to approval of a precise implementation plan; ii) approve the general development plan with conditions, subject to approval of a precise implementation plan; or iii) deny the general development plan.

(11)

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

(12)

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

(13)

Decision. The Village Board after considering the Plan Commission's recommendation makes a decision based on the decision criteria in this division to i) approve the general development plan, subject to approval of a precise implementation plan; ii) approve the general development plan with conditions, subject to approval of a precise implementation plan; or iii) deny the general development plan.

(14)

Preparation of decision document. If the general development plan is approved, the Zoning Administrator prepares a final ordinance.

(15)

Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

(16)

Acceptance by property owner. If the general development plan is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within two months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all of the property owner signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Step Two: Precise implementation plan.

Submittal of precise implementation plan. The applicant submits a precise implementation plan and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board. At the discretion of the applicant, such materials may be submitted concurrently with the review of the general development plan.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator shall provide for a meeting agenda notice.

(5)

Staff report preparation and distribution. The Zoning Administrator may prepare a staff report that evaluates whether the precise implementation plan is consistent with the approved general development plan and the suitability of the proposed plan given the additional information provided in the plan and supplemental materials. The Zoning Administrator provides a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.

(6)

Meeting. Allowing for proper notice, the Plan Commission reviews the precise implementation plan and the staff report, if any.

(7)

Determination of consistency. The Plan Commission determines whether the precise implementation plan is generally consistent with the approved general development plan with respect to density/intensity and permissible land uses. If the Plan Commission determines that the precise implementation plan is not generally consistent, the Plan Commission shall render that decision in writing and take no further action on the precise implementation plan.

(8)

Plan Commission recommendation. If the precise implementation plan is deemed to be consistent with the general development plan, the Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the precise implementation plan, ii) approve the precise implementation plan with conditions, or iii) deny the precise implementation plan.

(9)

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

(10)

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

(11)

Decision. The Village Board after considering the Plan Commission's recommendation makes a decision based on the decision criteria in this division to i) approve the precise implementation plan, ii) approve the precise implementation plan with conditions, or iii) deny the precise implementation plan.

(12)

Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a decision document consistent with this division.

(13)

(14)

Acceptance by property owner. If an approval includes one or more conditions of approval, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within two months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

§ 170.324 Basis of decision.

In the review of a general development plan and the precise implementation plan, the Plan Commission, in making its recommendation, and the Village Board, in making its decision, shall consider the following factors:

Whether development in the proposed project is in keeping with the spirit and intent of this chapter;

Whether development in the proposed project is consistent with the Village's Comprehensive Plan;

Whether development in the proposed district is consistent with a neighborhood plan or other subarea plan that may have been prepared for land in or near the proposed district;

The effects of development in the proposed project on traffic safety and efficiency, both within and outside of the district;

Whether the proposed plan for development in the proposed project is properly planned and is properly coordinated with the existing and anticipated land uses on properties in the immediate and surrounding area;

The extent to which the natural features and open space on the site are preserved;

Whether development in the proposed project complies with provisions of this chapter and other land development regulations of the Village that may apply;

The effects of development in the proposed project on public services and facilities;

Whether adequate water and sanitary sewer facilities can be provided;

The proposed means of maintaining any undeveloped areas of the proposed project for the purpose for which it was set aside;

Effects of the proposed use on surrounding properties, including existing and anticipated uses;

Effects of the proposed use on the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district and adjoining districts;

Whether the plan for development enhances the baseline zoning district, as defined by the Plan Commission and Village Board, on the design and development standards of the underlying zoning district;[1] and

[1]

Editorial Note: For example, a planned development district may enhance the baseline zoning district, when it includes desirable features or amenities that are not otherwise required, including but not limited to additional landscaping/buffering, open space, or enhanced design elements.

Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.

§ 170.325 Imposition of conditions.

Generally. The Plan Commission may recommend and the Village Board may impose conditions as may be necessary to grant approval. Such conditions may relate to any of the factors it considered in reaching its decision. In addition, the Plan Commission may recommend and the Village Board may require the provision of off-site exactions that may be necessary to approve the establishment of the planned development district project.

Effect on contracts with another party. The Village Board shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

[1]

Editorial Note: See § 62.23(7)(gm), Wis. Stats. The Village, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.

§ 170.326 Application form and content.

General development plan. The application submittal for a general development plan shall include the following:

An application form as may be used by the Village;

A general development plan prepared at an appropriate scale depicting the information listed in Appendix F;[1]

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

A preliminary draft of covenants if any are to be imposed; and

A development schedule, if the project is to be constructed in phases, which includes the anticipated beginning date and ending date of each phase and a description of those project-related elements to be completed in each phase.

Precise implementation plan. The application submittal for a precise implementation plan shall include the following:

An application form as may be used by the Village;

A precise implementation plan prepared at an appropriate scale depicting the information listed in Appendix F;[2]

[2]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

A final draft of covenants if any are to be imposed;