This article is designed to preserve rural character, natural resource areas, farmland, and other large areas of open land, while permitting residential development. The conservation design subdivision standards, in addition to the land division standards outlined in Article II, apply to all divisions of a parent parcel when requested by a subdivider where the division creates more than four new parcels. Further, this article is intended to:
A.
Guide the future growth and development of the Town
in conjunction with the Town of Buchanan Comprehensive Plan.
B.
Guide the detailed analysis of parcels so as to locate
and coordinate appropriate areas for development and conservation.
C.
Preserve the rural character through the permanent
preservation of meaningful open space and sensitive natural resources.
D.
Preserve scenic views by minimizing views of new development
from existing roads.
E.
Preserve prime agricultural land by concentrating
housing on lands with low agricultural potential.
F.
Provide commonly owned open space areas for passive
and/or active recreational use by residents of the development and,
where specified, the larger community.
G.
Provide for a diversity of parcel sizes, housing choices
and to accommodate a variety of age and income groups.
H.
Provide for buffering between residential development
and nonresidential uses.
I.
Protect and restore environmentally sensitive areas
and biological diversity, minimize disturbance to existing vegetation
and maintain environmental corridors.
J.
Preserve significant archaeological sites, historic
buildings, and their settings.
K.
Meet the demand within the Town for housing in rural
settings.
L.
Preserve agricultural areas.
Conventional Design
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Conservation Design
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Secondary conservation areas are defined as
those natural, agricultural, cultural and/or historical resources
within the Town that are not otherwise protected by federal, state
or county laws, regulations or ordinances. Secondary conservation
areas are resources that should be preserved when possible and/or
economically feasible. The final determination of secondary conservation
areas within a given development will be made by the Plan Commission
and Town Board. Secondary conservation areas in the Town of Buchanan
may include, but are not limited to:
A.
Stream corridors within 100 feet of the ordinary high-water
mark;
B.
Environmental corridors;
C.
Critical wildlife habitat;
D.
Mature woodlands, wherein 20% or more of the trees
have a diameter at breast height (DBH) of 18 inches or more;
E.
Unique natural features, which may include hills,
knolls, depressions, rock outcroppings, and others;
F.
Existing fence lines, when feasible;
G.
Historic structures;
H.
Scenic views; and
I.
Other unique features as may be identified by the
Plan Commission.
A conservation design subdivision shall meet
the following open space standards:
A.
Minimum open space. Minimum open space shall be a
minimum of 40% of the gross tract area (GTA) and include all primary
and secondary conservation areas.
B.
Location. The required open space should be situated,
when practicable, to take advantage of the site's natural, historic
and cultural features, to create buffer areas between residential
and agricultural uses, to preserve scenic views, and to be contiguous
with existing or proposed open spaces outside of the proposed subdivision.
Environmentally sensitive areas must be included within the preserved
open space. The size and shape of the areas established as open space
shall be sufficient and suitable for agricultural, natural resource
protection, recreation or other intended use and should remain as
large and contiguous as the property will allow.
C.
Not more than 30% of the required open space may consist
of active recreation area unless prior approval has been received
from the Plan Commission.
D.
The Town of Buchanan Plan Commission encourages and
may require that each conservation subdivision shall include an internal
trail system providing access to homeowners with a section of the
trail system identified for potential future public use as part of
an integrated trail network. The section identified for potential
public use may vary by development and circumstance.
E.
The Plan Commission may require easements or walkways
to access open space that does not abut public right-of-way.
F.
Ownership and maintenance of common open space. To
ensure adequate planning for ownership, operation and maintenance
of common open space, recreation facilities, stormwater management
facilities, wastewater treatment facilities, shared or community wells,
common parking areas and driveways, private streets, and other common
community facilities, the following methods may be used, either alone
or in combination, in ownership of common open space. Common facilities
shall not be transferred to another entity except for transfer to
another method of ownership permitted under this subsection, and then
only when there is no change in the common open space. Unless otherwise
specified by the Plan Commission and Town Board, a homeowners' association
will be deemed the preferred method of ownership of common facilities.
(1)
Homeowners' association. Common facilities shall be
held in common ownership as undivided proportionate interests by the
members of a homeowners' association, subject to the provisions set
forth herein. The applicant shall provide to the Town a description
of the association, including its bylaws, and all documents governing
maintenance requirements and use restrictions for common facilities.
The association shall be established by the owner or applicant and
shall be operating, with financial subsidy by the applicant, if necessary,
prior to the sale of any dwelling units in the development. Membership
in the association shall be mandatory for all purchasers of dwelling
units therein and their successors and assigns. The association shall
be responsible for maintenance and insurance of common facilities.
The members of the organization shall share equitably the costs of
maintaining, insuring and operating common facilities. The organization
shall have adequate means of maintaining common open space. The applicant
for any conservation design subdivision proposed to contain common
open space shall arrange with the Town Assessor a method of assessment
of the common facilities that will allocate to each tax parcel in
the development a share of the total assessment for such common facilities.
Written notice of any proposed transfer of common facilities by the
homeowners' association or the assumption of maintenance of common
facilities which will allocate to each tax parcel in the development
a share of the total assessment for such common facilities must be
given to all members of the organization and to the Town at least
30 days prior to such event.
(2)
Condominium developments and agreements. Common open
space shall be controlled through the use of a condominium agreement.
Such agreements shall be approved by the Town and shall comply with
the requirements of Ch. 703, Wis. Stats. All common open space and
other common facilities shall be held as "common elements" by the
unit owners in the form of undivided percentage interests in accordance
with the condominium documents. A condominium association shall be
formed to govern the affairs of the condominium, and membership shall
be mandatory.
(3)
Dedication of conservation easements to a public agency.
The Town or other public agency acceptable to the Town may, but shall
not be required to, accept easements for public use of any portion
of the common open space, title of which is to remain in private ownership,
provided that:
(a)
There is no cost of easement acquisition, other
than costs incidental to the transfer of ownership, such as title
insurance.
(b)
A satisfactory maintenance agreement shall be
reached between the owner and the Town.
(c)
Lands under a Town easement may or may not be
accessible to residents of the Town.
(4)
Dedication to a nonprofit conservation organization.
With the approval of the Town Board, an owner may dedicate any portion
of the common facilities to a nonprofit conservation organization,
provided that:
(a)
The organization is acceptable to the Town.
(b)
The conveyance contains appropriate provisions
for proper reverting or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its responsibilities.
(c)
A maintenance agreement acceptable to the Town
is established between the owner and the organization.
(5)
Ownership retained by the original landowner. Ownership
of common open space and facilities may be retained by the original
landowner, provided that:
(a)
The Town and residents of the development shall
hold conservation easements on the land protecting it from further
development.
(b)
Resident access to the land is limited only
by agreement of the residents of the development, as indicated by
documents signed at the time of purchase of individual dwelling units.
(6)
Other methods acceptable to the Town Board for maintenance
and operation of common facilities. A plan and narrative for the use,
maintenance and insurance of all common facilities, including provisions
for funding, shall be provided to and approved by the Town Board prior
to preliminary plat approval. Such plans shall:
(a)
Define ownership.
(b)
Establish necessary regular and periodic operation
and maintenance responsibilities.
(c)
Estimate staffing needs, insurance requirements
and other associated costs, and define the means for funding the same
on an ongoing basis.
(d)
Include a land stewardship plan specifically
focusing on the long-term management of open space lands. A draft
land stewardship plan shall be submitted with a preliminary plat,
and a final plan shall be submitted with the final plat.
G.
Leasing of common open space lands. Common open space
lands may be leased to another person or other entity for use, operation
and maintenance, provided that:
(1)
The residents of the development shall at all times
have access to such leased lands; except in the case of lease for
agricultural purposes, in which case the residents, with their agreement,
may be restricted from accessing the lands.
(2)
The common open space lands to be leased shall be
maintained for the purposes set forth in this section.
(3)
The operation of such leased open space lands may
be for the benefit of the residents of the development only or may
be open to the public if so determined by the residents.
(4)
The lease, and any transfer or assignment thereof,
shall be subject to the approval of the Town Board.
(5)
Lease agreements shall be recorded in the office of
the County Register of Deeds within 30 days of their execution, and
a copy of the recorded lease shall be filed with the Town.
H.
Conservation. Common open space shall be restricted
in perpetuity from further subdivision and/or land development by
deed restriction, conservation easement, or other agreement in a form
acceptable to the Town Board and duly recorded in the office of the
County Register of Deeds. The legal instruments detailing the ownership
of the open space shall be submitted with the preliminary plat and
shall be recorded with the Register of Deeds upon final plat approval.
I.
In the event that the association established to own
and maintain common areas and facilities, or any successor organization
thereto, fails to properly maintain all or any portion of the aforesaid
common areas or facilities, the Town may serve written notice upon
such association setting forth the manner in which the association
has failed to maintain the aforesaid common areas and facilities.
Such notice shall set forth the nature of corrections required and
the time specified when the association, or any successor organization,
shall be considered in violation of this chapter, in which case the
Town shall have the right to enter the premises and take the needed
corrective actions. The costs of corrective actions by the Town shall
be assessed against the properties that have the right of enjoyment
of the common areas and facilities.
J.
Sewerage facilities. Sewerage facilities for conservation
design subdivision development may consist of any system meeting the
requirements of the Town of Buchanan, Outagamie County, the Wisconsin
Department of Commerce, and the Wisconsin Department of Natural Resources.
Sewerage facilities for conservation subdivisions with 10 or more
parcels shall require clustered wastewater treatment systems.
K.
Water supply facilities. Water facilities for conservation
design subdivisions may consist of any system meeting the requirements
of the Town of Buchanan, Outagamie County, the Wisconsin Department
of Commerce, and the Wisconsin Department of Natural Resources. Water
supply facilities for conservation subdivisions with 20 or more parcels
shall require community wells and a community water system.
Conservation design subdivisions shall utilize
the following steps in determining the maximum permitted parcel density.[1] This calculation information must be submitted with any
application to the Town.
[1]
Editor's Note: The worksheet for calculation of development yield standards is included at the end of this chapter.
Prior to the filing of an application for the
approval of a preliminary plat, the subdivider shall consult with
the Plan Commission in order to obtain its review, advice and assistance
in the preparation of a preliminary plat. Such consultation shall
be termed the "concept plat" stage of the land division procedure
and shall include the following steps and information:
A.
The subdivider shall prepare a concept plat at a scale
of one inch equals 100 feet of all the contiguous lands in which the
subdivider has legal or equitable interest and present 14 copies and
the fee required to the Town Administrator.
[Amended 11-10-2016 by Res. No. 2016-05]
B.
Such concept plat shall include enough information
to set forth the proposed development potential of the parcel to the
satisfaction of the Plan Commission, and include at least the following:
(1)
Topographic mapping at not less than two-foot contour
interval;
(2)
Soil characteristics or interpretations secured from
detailed soil maps prepared by the USDA, Soil Conservation Service
(SCS) and/or monitoring borings data;
(3)
The limits of woodland cover and wetlands on the entire
parcel;
(4)
Location of lakes, ponds, streams, standing water
and designated floodplains on the parcel;
(5)
Areas of steep or severe slope conditions, high-water
table conditions, potential drainage and erosion problems;
(6)
Existing and proposed access from the parcel to adjacent
streets, roads or properties;
(7)
Proposed street location and width;
(8)
Proposed parcels including size to the nearest 1/10
acre;
(9)
Existing land use of properties within 1/4 mile of
the property proposed to be divided;
(10)
Any other pertinent information useful to the
subdivider and to the Plan Commission in its determination of developability
of the parcel; and
(11)
Environmental corridors, which shall be delineated
on the sketch plan.
C.
The Plan Commission shall either reject the concept
plat giving reasons for such rejection or approve the concept plat
and make recommendations. Such review and approval of the concept
plat shall constitute approval of the concept plat only and shall
not be deemed an approval of the layout and design of the proposed
subdivision plat.
D.
Through the concept plat procedure, it is expected
that the subdivider and Plan Commission will reach mutual conclusions
regarding the general design and objectives of the proposed development
and its possible effects on the Town and County. The subdivider will
also gain a better understanding of the subsequent required procedures
so the entire process may be expedited.
[Amended 11-10-2016 by Res. No. 2016-05]
Before submitting a final plat for approval,
the subdivider shall prepare and submit a preliminary plat that conforms
to the requirements of Ch. 236, Wis. Stats., and all applicable
sections of this chapter. The plat shall be prepared by a registered
land surveyor. The subdivider or his designated agent shall file the
application and five copies of the preliminary plat on paper no smaller
than 22 inches by 30 inches and 15 copies of the preliminary plat
on 11 inches by 17 inches paper with the Town Administrator. The subdivider
shall also submit one digital PDF version and one digital CADD or
GIS version to the Town Administrator.
In addition to the requirements of Ch. 236,
Wis. Stats., the preliminary plat submitted shall include the following:
A.
A map of sufficient scale showing the boundaries of
the property being considered for division.
B.
General parcel layout as proposed.
C.
The proposed subdivision name. This name shall not
duplicate the name of any plat previously recorded in Outagamie County.
A subtitle of "County plat" shall be required for all county plats.
D.
Owner's name, along with volume and page of the instrument
that shows title to the platted area. The volume and page of the affected
property may be shown on the map, in the surveyor's certificate, on
the preliminary plat, or in the owner's certificate.
E.
Volume and page or platted status (i.e., state or
county plat by name and parcel number, CSM by volume, page and parcel
number) of adjoining lands.
F.
Radius of all curves.
G.
Proposed and existing road(s), showing road name and right-angle width. Proposed and existing roads shall be dedicated as required in Article IX.
H.
Public areas to be dedicated, if any, and subsequently
identified as "dedicated to the public."
I.
Floodplain, wetland and shoreland boundaries. Source
of the data shall be identified.
J.
Locations of existing buildings, watercourses, drainage
ditches, fences and any other pertinent features.
K.
Locations and names of adjoining parks, cemeteries,
subdivisions, ponds, streams, lakes and flowages.
L.
Any proposed lake or stream access or any proposed
lake or stream improvement or relocation.
M.
The name and address of the surveyor and subdivider
placed on the face of the plat.
N.
Report on soil borings and percolation tests. Locations
of borings may be required to be shown on the face of the map.
O.
A general description of all property owned and controlled
by the subdivider contiguous to the proposed land division.
P.
An area development plan for future use may be required
if proposed development in some way affects adjoining lands.
Q.
Road name application must be submitted to the Plan
Commission for approval for any road names (i.e., new, extension,
private, etc.), subject to County review and approval.
R.
Dimensions of all parcels, together with proposed
parcel and block numbers.
A.
Upon receipt of an application for a conservation
design subdivision plat, the Town Administrator shall transmit one
copy of the map to each of the following. Contact names and addresses
are to be provided to the Administrator by the subdivider.
[Amended 11-10-2016 by Res. No. 2016-05]
(1)
Outagamie County Planning and Zoning Departments.
(2)
Any affected public or private utility as identified
by the subdivider.
(3)
Local school districts.
(4)
Outagamie County Land Conservation Department.
(5)
Department of Natural Resources (WDNR).
(6)
When applicable, Outagamie County Highway Department.
(7)
Wisconsin Department of Transportation (WDOT) (where
applicable).
(8)
Every member of the Plan Commission and Town Board.
(9)
State plat review (WDOA).
(10)
Extraterritorial jurisdictions (where applicable).
(11)
East Central Wisconsin Regional Planning Commission
(as applicable).
B.
Recommendations from receiving parties, with the exception
of the Plan Commission, must be received by the Town Administrator
within 30 days from the date the copy is transmitted. If a recommendation
is not received within 30 days, it shall be deemed an approval.
[Amended 11-10-2016 by Res. No. 2016-05]
C.
Recommendations from the Plan Commission must be received
within 60 days from the date of transmittal. If a recommendation is
not received within 60 days, it shall be deemed a preliminary approval
and submitted to the Town Board.
[Amended 8-17-2010 by Ord. No. 2010-03]
D.
Once the Plan Commission recommendation is received,
the preliminary review for approval shall be scheduled for a regularly
scheduled Town Board meeting.
E.
The Board, within 90 days of the date of filing of
a preliminary Conservation plat with the Town Administrator, shall
approve, approve conditionally or reject, unless the time is extended
by mutual agreement with the subdivider. One copy of the plat shall
thereupon be returned to the subdivider with the date and the action
recorded thereon, and if approved conditionally or rejected, a letter
setting forth the conditions of approval or the reasons for rejection
shall accompany the plat. One copy each of the plat and letter shall
be kept on record by the Town.
[Amended 11-10-2016 by Res. No. 2016-05]
A.
Approval of a preliminary conservation plat shall
be deemed an expression of approval or conditional approval of the
layout submitted and a guide to the preparation of the final plat,
which will be subject to further consideration by the Plan Commission
at the time of its submission.
B.
If the final plat conforms substantially to the preliminary
plat as approved, including any conditions of the approval, and to
local plans and ordinances authorized by law, it is entitled to approval.
If the final plat is not submitted within one year of the last approval
of the preliminary plat, any approving authority may refuse to approve
the final plat. The Town reserves the right to add further restrictive
covenants, as provided in § 236.293, Wis. Stats.
C.
Any substantial change between the preliminary and
final plat, as determined by the Plan Commission, shall cause the
conservation plat to be resubmitted, including all fees and review.
In addition every resubmittal required to clarify matters regarding
said maps shall constitute a new time frame for review purposes.
Upon approval of the preliminary plat, the subdivider
shall submit a final plat based upon a survey by a Wisconsin-registered
land surveyor for review. In addition to the requirements of the preliminary
plat and Ch. 236, Wis. Stats., the final plat submitted shall
include the following:
A.
A clear and concise legal description that exactly
matches the bearings and distances shown on the map. The error of
closure for the legal may not exceed one in 3,000.
B.
Area of each parcel shown in square feet (nearest
square foot) and acres (nearest 100th acre).
C.
All curve data.
D.
Building setback lines shall be shown or noted on
the face of the map.
E.
Lands reserved for the common use of the property
owners within the subdivision. The ownership of these common lands
shall be shown and described. These lands shall be established as
outlots.
F.
Proposed deed and plat restrictions.
G.
It shall be required that on Sheet 1 of the plat a
predesigned recording block be available for the Register of Deeds
to be placed on the plat for recording information.
H.
Show arc distances on the face of the map.
I.
Certificates of approval in substantially the same
form as required by § 236.21(2)(a) and (3), Wis. Stats.,
and as per this chapter, as follows:
(1)
Owner's certificate with notary seal.
(2)
Mortgagee's certificate.
(3)
Town certificate.
(4)
County certificate.
(5)
Other certificates as required by § 236.21,
Wis. Stats.
(6)
Certification that the plat is a true and correct
representation of the features surveyed and mapped and that the surveyor
has fully complied with all local ordinances.
(7)
Special restrictions required by the reviewing authorities.
[Amended 11-10-2016 by Res. No. 2016-05]
The Town Board, within 60 days of the date of
filing of a final conservation plat with the Town Administrator, shall
approve, approve conditionally or reject such a plat, unless the time
is extended by mutual agreement with the subdivider. If approved,
the certifications on the plat shall be completed. If approved conditionally,
the certificates shall not be completed until the conditions are met.
If rejected, a letter setting forth the reasons for rejection shall
accompany the plat. Failure of the Town to act within the time, as
extended by agreement with the subdivider, shall constitute an approval.
The sixty-day period shall commence with the filing of the final plat
with the Town Administrator and not the preliminary approval.
Upon approval of all corrections addressed in
the preliminary and final plat reviews, the subdivider may submit
a final plat for recording with the Outagamie County Register of Deeds
in accordance with § 236.25, Wis. Stats.
