A.
Manufactured home communities may be established in the MH Residential
District in accordance with the procedures, requirements and limitations
set forth in this article. Within such manufactured home communities,
manufactured homes, with such additional supporting uses and occupancies
as are permitted herein, may be established subject to the requirements
and limitations set forth in these and other regulations.
B.
It is the intent of this article to recognize mobile homes constructed
prior to June 15, 1976, as distinct and different from units designated
as manufactured homes within the definitions of this article and to
prohibit units not meeting the requirements for manufactured homes
as defined herein. Mobile home units constructed prior to June 15,
1976, are prohibited. Modular buildings meeting the requirements of
the State Uniform Dwelling Code shall not be permitted in a manufactured
home community except as a conditional use. Permits may be obtained
only after review, public hearing and recommendation by the Plan Commission
and approval by the Village Board.[1]
C.
Upon the effective date of this chapter, no person shall park, locate
or place any manufactured home outside of a licensed manufactured
home community in the Village of Clayton.
A.
FOUNDATION SIDING
MANUFACTURED HOME
MANUFACTURED HOME COMMUNITY
MOBILE HOME
PRIMARY EXPOSURE
SECONDARY EXPOSURE
The following
definitions are used in this article:
A fire- and weather-resistant, prefinished material surrounding
the entire perimeter of a home and completely enclosing a space between
the exterior wall of such home and the ground. Foundation siding shall
be properly vented, harmonious, and compatible with the house and
installed within 60 days from the date of placement on site.
Any plot or plots of ground upon which three or more manufactured
homes that are occupied for dwelling or sleeping purposes are located.
See § 101.91(5m), Wis. Stats.
Open areas adjacent to the front wall (or main entrance)
of a dwelling unit.
Open areas adjacent to side and rear walls of a dwelling
unit.
B.
Statutory
definitions. In addition to the above definitions, definitions contained
in § 66.0435, Wis. Stats., shall also be applicable.
A.
Manufactured homes or mobile homes legally located and occupied on
a premises outside a licensed manufactured home community upon the
effective date of this chapter may be continued in such location,
provided that the owner of the premises on which such unit is located
shall apply to the Village Clerk-Treasurer within 60 days after the
original effective date of this chapter for a use permit showing the
date on which such use and occupancy commenced, the names of the owner
and occupants, and that such use and occupancy are otherwise in conformity
with the applicable laws and regulations of the state and Village.
Subject to the provisions of Subsection C below, such nonconforming
use shall be automatically terminated upon a discontinuance for any
reason for 12 consecutive months; or if the manufactured home is damaged
by fire, storm, or other casualty loss and the total structural repairs
and alterations to the manufactured home exceed 50% of the net value,
unless restoration is permitted under § 62.23(7)(hc), Wis.
Stats.[1]
B.
The owner or occupant of a manufactured home shall, within five days
after entering a licensed manufactured home community within the Village,
obtain a permit from the Village Clerk-Treasurer. Such permits shall
be issued only for manufactured homes which bear a seal, stamp or
certificate of the manufacturer guaranteeing that the manufactured
home was constructed in accordance with the applicable standards under
§ 101.91(2), Wis. Stats., in effect as of the date of entering
the licensed manufactured home community.
C.
Nothing herein shall prevent the owner of a manufactured home or
mobile home under Subsection A above from replacing the manufactured
home or mobile home with a manufactured home, provided that the replacement
unit meets all applicable standards under § 101.91(2), Wis.
Stats., in effect as of the date of replacement.
A.
Where an MH Residential District is to be established for the development
of a single manufactured home community, the minimum area shall be
three acres. The minimum number of lots or spaces completed and ready
for occupancy before first occupancy is permitted shall be established
as 25% of total units permitted on the site.[1]
B.
These limitations shall not apply where expansion of an existing
manufactured home community is concerned and where such expansion
will not increase variation from requirements applying to manufactured
home communities as set forth herein.
A.
Permitted principal uses and structures. The following principal
uses and structures are permitted within authorized manufactured home
communities: single-family detached manufactured homes (residential
manufactured home). Also, in manufactured home communities, recreational
vehicles shall not be occupied as living quarters, and sales lots
shall not be permitted. Manufactured homes may be sold on lots they
occupy in residential use in a manufactured home community.[1]
B.
Permitted accessory uses and structures. Uses and structures that
are customarily accessory and clearly incidental to permitted principal
uses and structures shall be permitted, except for those requiring
specific approval as provided below.
A.
No person shall construct or extend any manufactured home community
or manufactured home community building or facility within the limits
of the Village without first securing a manufactured home community
developer's permit from the Village. Such permits shall be issued
after the recommendation of the Plan Commission and approval by the
Village Board.
B.
Applications for manufactured home community developer's permits
shall be filed with the Village Clerk-Treasurer, with sufficient copies
for the Village Clerk-Treasurer to forward one each to the Building
Inspector, Fire Chief, Chief of Police, and Village Engineer, who
shall investigate and review said application to determine whether
the applicant, the premises on which said community will be located
and the proposed design and specifications thereof and all buildings
proposed to be constructed thereon will comply with the applicable
regulations, ordinances and laws of the state and Village and report
their findings in writing to the governing body within 60 days. Such
reports shall be considered by the governing body before any permit
is issued hereunder. Failure of any officer or body to report within
the allotted time shall be deemed a favorable recommendation.
C.
Applications for manufactured home community developer's permit
shall be accompanied by a nonrefundable fee as established from time
to time by resolution of the Village Board to cover the cost of investigation
and processing. This does not include regular building permit fees
for all buildings or structures to be erected within the proposed
community.
D.
Applications shall be made on forms furnished by the Village Clerk-Treasurer
and shall include the following information:
(1)
Name and address of applicant.
(2)
Location and legal description of the proposed community, addition,
modification or extension.
(4)
Complete preliminary engineering plans and specifications, including
a scale drawing of the proposed community showing, but not limited
to:
(a)
Plans and specifications of all utilities, including sewage
collection and disposal, stormwater drainage, water and electrical
distribution and supply, refuse storage and collection, lighting,
telephone and television antenna systems.
(b)
Location and width of roadways and walkways, buffer strips,
recreational and other common areas.
(c)
The location of manufactured home stands within the manufactured
home spaces, including a detailed sketch of at least one typical manufactured
home space and stand therein.
(d)
Landscape plan showing all plantings.
(e)
Plans and specifications of all community buildings and structures,
including emergency weather shelters, and recreational areas, parks
and playgrounds.
(5)
Interest of applicant in proposed manufactured home community
or extension. If the owner of the tract is a person other than the
applicant, a duly verified statement by the owner that the applicant
is authorized by him to construct and maintain the proposed community,
addition, modification or extension and make the application shall
be submitted.[2]
(6)
Written statements describing proposed community operations,
management and maintenance, including proposed fees and charges and
other requirements to be imposed on community occupants by the community
operator.
E.
Final engineering plans and specifications complying with the provisions
of this article and the zoning regulations and any modifications or
conditions imposed by the governing body shall be submitted to the
Village Clerk-Treasurer and checked by the proper municipal officials
for compliance before the permit is issued.[3]
All manufactured home communities and modifications of or additions
or extensions to existing communities shall comply with the following:
A.
Chapter SPS 326, Wis. Adm. Code, as now existing or hereafter amended,
is hereby made a part of this chapter and incorporated herein by reference
as if fully set forth, except that such regulations shall not be deemed
to modify any requirement of this chapter or any other applicable
law or ordinance of the state or Village.
B.
Manufactured home spaces shall be a minimum of 50 feet wide and 100
feet in depth, have a setback of 20 feet from all street rights-of-way,
and have a side yard setback of 10 feet, except that driveways may
extend to within four feet of a property line. Accessory structures,
such as awnings, cabanas, storage cabinets, carports, windbreaks or
attached porches, shall be considered part of the unit for purposes
of determining compliance with this provision. No manufactured home
site shall be rented for a period of less than 30 days. There shall
be two surfaced automobile parking spaces for each manufactured home.
Unless adequately screened by existing vegetative cover, a manufactured
home community shall be screened around its outer perimeter by a planting
of hedges or trees, capable of reaching a height of 15 feet or more,
the individual trees to be such a number and so arranged that, within
10 years, they will have formed a screen equivalent in opacity to
a solid fence or wall. Such planting shall be grown or maintained
to a height of not less than 15 feet when mature.[1]
C.
No manufactured home community shall be laid out, constructed or
operated without Village sanitary sewer and water service.
D.
All liquid wastes originating at units, service or other buildings
shall be discharged into a sewerage system extended from and connected
with the public sewerage system. Such systems shall comply with all
provisions of the state codes and Village ordinances relating to plumbing
and sanitation. Each individual space shall be provided with a three-inch
watertight sewer connection protected from damage by heaving and thawing
or parking of the unit and located within the rear 1/3 of the stand,
with a continuous grade which is not subject to surface drainage,
so constructed that it can be closed when not in use and trapped in
such a manner that it can be kept odor free.
E.
Adequate provision shall be made for the disposal of solid and liquid
wastes in a manner approved by the Village Board. Open burning of
waste or refuse is prohibited.
F.
All television cable systems, electrical and telephone distribution
lines and oil or gas piping serving the community or spaces therein
shall be installed underground. Distribution systems shall be new,
and all parts and installations shall comply with all applicable federal,
state and local codes.
G.
Each space shall be provided with direct electrical service of not
less than 100 amperes for two-hundred-twenty-volt service.
I.
Condition of soil, groundwater level, drainage and topography shall
not create hazards to the property, health or safety of occupants
of manufactured home spaces or living units. The site shall not be
exposed to objectionable smoke, noise, odors or other adverse influences,
and no portion subject to unpredictable and/or sudden flooding, subsidence
or erosion shall be used for any purpose which would expose persons
or property within or without the community to hazards.
J.
Exposed ground surfaces in all parts of every manufactured home community
shall be paved or covered with stone screenings or other solid material
or protected with a vegetative growth that is capable of preventing
soil erosion and eliminating objectionable dust.
K.
The ground surface in all parts of every manufactured home community
shall be graded and equipped to drain all surface water in a safe,
sanitary and efficient manner.
L.
All communities shall be furnished with individual outdoor lot lighting
of 25 to 60 watts so spaced and equipped with luminaires placed for
the safe movement of pedestrians and vehicles at night.
M.
All manufactured home spaces shall abut upon a street. All streets
shall be provided with a smooth, hard and dense surface which shall
be well drained under normal use and weather conditions for the area.
Pavement edges shall be curbed and protected to prevent raveling of
the wearing surface and shifting of the pavement base. Grades of streets
shall be sufficient to ensure adequate surface drainage but not more
than 8%, provided that a maximum grade of 12% may be used if approved
by the Director of Public Works as safe and designed to avoid traffic
hazards. Streets shall be at approximately right angles within 100
feet of an intersection. Intersections of more than two streets at
one point shall not be allowed. A distance of at least 150 feet shall
be maintained between center lines of offset intersecting streets.
N.
All communities shall be provided with pedestrian walks between individual
manufactured homes, community streets and community facilities of
not less than three feet in width. Grade and surfacing of walks shall
be approved by the Director of Public Works as safe and comparable
to sidewalks in other areas of the municipality subject to similar
usage, except that, as an alternative, inverted curbing may be used
which provides approximately three feet of concrete walking area adjacent
to the curbline.
O.
All manufactured home communities shall have a greenbelt or buffer
strip not less than 10 feet wide along all boundaries. Unless adequately
screened by existing vegetative cover, manufactured home communities
shall be provided within such greenbelt or buffer strip with screening
of natural growth or screen fence, except where the adjoining property
is also a manufactured home community. Compliance with this requirement
shall be made within five years from the granting of the manufactured
home community developer's permit. Screening or planting requirements
may be waived or modified by the governing body if it finds that the
exterior architectural appeal and functional plan of the community,
when completed, will be materially enhanced by modification or elimination
of such screen planting requirements.
P.
Manufactured home community operators shall, at the time of approval,
pay any community development fees required for conventional subdivisions
under applicable provisions of the Village ordinances.
Q.
Single-family nondependent manufactured homes and approved accessory
structures included in the original plans and specifications or revisions
thereof, playgrounds, open space, off-street parking lots, one community
office and service buildings for exclusive use of community residents
shall be the only permitted uses in manufactured home communities,
provided that the Village Board may approve the following uses when
designed and limited to exclusive use of community residents:[3]
R.
No signs shall be erected in manufactured home communities.
S.
All manufactured home communities shall be provided with safe and
convenient vehicular access from abutting public streets or roads
to each manufactured home space. Entrances to communities shall be
designed to minimize congestion and traffic hazards and allow free
movement of traffic on adjacent streets.
T.
All manufactured home communities shall have one or more recreation,
community or playground areas easily accessible to all community residents.
Each recreation area shall contain not less than 5,000 square feet.
Recreation areas shall be located to be free of traffic hazards and
convenient to the manufactured home spaces which they serve.
U.
All manufactured home communities shall have one or more structures
provided as an emergency shelter against strong winds, such as tornadoes,
to house three people per manufactured home or not less than 10 square
feet per person. This structure shall be below ground level unless
constructed with sufficient construction materials to be reasonably
resistant to tornado winds.
A.
It shall be unlawful for any person to establish, operate, maintain
or administer or permit to be established, operated or maintained
upon any property owned, leased or controlled by him a manufactured
home community within the Village without a valid, unexpired manufactured
home community license issued by the Village Clerk-Treasurer and approved
by the Village Board upon determination that the standards in this
section have been met and payment of the required fees.
B.
Manufactured home community licenses shall be issued for a calendar
year and shall expire on December 31 next succeeding date of issue.
Licenses may be issued after January 1 of any year, but no rebate
or diminution of the fee shall be allowed therefor.
C.
The annual fee for a manufactured home community license shall be
established from time to time by resolution or ordinance of the Village
Board.
D.
Licenses granted under this section shall be subject to revocation
or suspension by the governing body for cause in accordance with § 66.0435(2),
Wis. Stats., and the procedures in that section shall be followed.
"Cause," as used in this subsection, shall include but not be limited
to:
(1)
Failure or neglect to abide by the requirements of this chapter
or the laws or regulations of the State of Wisconsin relating to manufactured
home communities and their operation.
(2)
Conviction of any offense under the laws of the state or ordinances
of the Village relating to fraudulent or misleading advertising or
deceptive practices regarding the sale or renting of manufactured
homes or the leasing or rental of manufactured home spaces or sale,
lease or operation of community facilities.
(3)
Operation or maintenance of the manufactured home community
in a manner inimical to the health, safety or welfare of community
occupants or the inhabitants of the Village, including, but not limited
to, repeated violations of laws or ordinances relating to health,
sanitation, refuse disposal, fire hazards, morals or nuisances.
(4)
Transfer or sale of an ownership interest in any manufactured
home space or the underlying land other than to another eligible licensee.
Such action shall also subject the owner of the underlying land to
all requirements of the state or municipal subdivision control laws
and regulations, regardless of the size or number of lots or spaces
so transferred or sold.
E.
Except as provided in Subsection F of this section, no manufactured
home community license shall be granted for any premises or to any
person not meeting the following standards and requirements:
(1)
All standards and requirements set forth in § 510-119,
except as specifically waived or modified in writing by the Village
Board and endorsed on the manufactured home community developer's
permit. This requirement may also include a valid certificate from
the Wisconsin Department of Health Services that the community complies
with all applicable provisions of the Wisconsin Administrative Code.[1]
(2)
Manufactured home communities should be used only for the parking
and occupancy of single-family nondependent manufactured homes and
accessory structures and appurtenances and uses.
(3)
Applicant shall file with the Village Board certificates certifying
that all equipment, sanitary facilities, water facilities and other
equipment and facilities, including roads, have been constructed or
installed in the community as required by this chapter and are in
required operating condition at the time of said application. In addition,
the Chief of Police, Building Inspector, and the Chief of the Fire
Department shall inspect or cause to be inspected each application
and the premises to determine compliance with all applicable laws,
regulations and ordinances applicable thereto. These officials shall
furnish the Village Board, in writing, with the information derived
from such investigation and a statement as to whether the applicant
and the premises meet the requirements of the department for whom
the officer is certifying.[2]
F.
Manufactured home communities in existence and operating under a
valid manufactured home community license upon the effective date
of this chapter, including communities in areas hereafter annexed
to the Village subject to the provisions of Subsection F(1), (2) and
(3) below, shall be exempt from the requirements hereof relating to
land use and occupancy, provided that such use and occupancy complied
with the applicable laws and ordinances in effect at the time of issuance
of the original license, but shall file application for a manufactured
home community developer's nonconforming use permit and comply
with all other provisions of this chapter within six months after
the effective date hereof, provided that an existing manufactured
home community having a density in excess of that provided in § 510-119
shall not increase its density and shall be operated in other respects
in accordance with this chapter. The governing body may extend the
time for compliance as herein required upon such conditions as it
shall determine necessary to protect the health, safety and welfare
of community occupants or inhabitants of the Village. All extensions,
modifications or additions to lawfully licensed existing communities
or facilities or structures therein shall comply with this chapter.
(1)
Manufactured homes or mobile homes legally located and occupied
within a licensed manufactured home community in existence and operating
under a valid manufactured home community license upon the effective
date of this chapter may be continued in such location, provided that
the owner of said manufactured home shall apply to the Village Clerk-Treasurer
within 60 days after the effective date of this chapter for a nonconforming
use permit showing the date on which such use and occupancy commenced,
the names of the owner and occupants, and that such use and occupancy
are otherwise in conformity with the applicable laws and regulations
of the state and Village. Subject to the provisions of Subsection
F(3) below, such nonconforming use shall be automatically terminated
upon a discontinuance for any reason for 12 consecutive months; or
if the manufactured home is damaged by fire, storm, or other casualty
loss and the total structural repairs and alterations to the manufactured
home exceed 50% of the net value, unless restoration is permitted
under § 62.23(7)(hc), Wis. Stats.[4]
(2)
The owner of a manufactured home shall, within five days after
entering a licensed manufactured home community within the Village,
obtain a permit from the Village Clerk-Treasurer. Such permits shall
be issued only for manufactured homes which bear a seal, stamp or
certificate of the manufacturer guaranteeing that the manufactured
home was constructed in accordance with the applicable standards under
§ 101.91(2), Wis. Stats., in effect as of the date of entering
the licensed manufactured home community.
(3)
Nothing herein shall prevent the owner of a manufactured home
or mobile home under Subsection F(1) above from replacing the manufactured
home with another manufactured home, provided that the replacement
unit meets all applicable standards under § 101.91(2), Wis.
Stats., in effect as of the date of replacement.
A.
In every manufactured home community, there shall be located an office
of the attendant or person in charge of said community. A copy of
the community license and of this chapter shall be posted therein,
and the community register shall, at all times, be kept in said office.
B.
The attendant or person in charge and the community licensee shall
operate the community in compliance with this chapter and all other
applicable regulations and ordinances of the Village, as well as all
applicable state regulations, and shall have the following duties:
(1)
Maintain a register of all community occupants, to be open at
all times to inspection by state, federal and municipal officers,
which shall show:
(b)
Number of children of school age.
(c)
State of legal residence.
(d)
Dates of entrance and departure of each manufactured home.
(e)
Make, model, year and serial number or license number of each
manufactured home and towing or other motor vehicles and state, territory
or country which issued such licenses.
(f)
Place of employment of each occupant, if any.
(2)
Notify community occupants of the provisions of this chapter
and inform them of their duties and responsibilities and report promptly
to the proper authorities any violations of this chapter or any other
violations of law which may come to their attention.
(3)
Report to Village law enforcement officials all cases of persons
or animals affected or suspected of being affected with any dangerous
communicable disease.
(4)
Supervise the placement of each manufactured home on its stand,
which includes securing its stability and installing all utility connections
and tie-downs.
(5)
Maintain community grounds, buildings and structures free of
insect and rodent harborage and infestation and accumulations of debris
which may provide rodent harborage or breeding places for flies, mosquitoes
and other pests.
(6)
Maintain the community free from growth of noxious weeds.
(7)
Maintain the community free of litter, rubbish and other flammable
materials, provide portable fire extinguishers of a type approved
by the Fire Chief in all locations designated by the Chief and maintain
such extinguishers in good operating condition and cause every area
within the community designated as a fire lane by the Fire Chief to
be kept free and clear of obstructions.
(8)
Check to ensure that every manufactured home unit has furnished,
and in operation, a substantial, flytight, watertight, rodentproof
container for the deposit of garbage and refuse in accordance with
the ordinances of the Village.
(9)
Provide for the sanitary and safe removal and disposal of all
refuse and garbage at least weekly. Removal and disposal of garbage
and refuse shall be in accordance with the laws of the State of Wisconsin
and the ordinances and regulations of the municipality, including
regulations promulgated by the Fire Chief.
A.
Community occupants shall comply with all applicable requirements
of this chapter and regulations issued hereunder and shall maintain
their manufactured home space, its facilities and equipment in good
repair and in a clean and sanitary condition.[1]
B.
Community occupants shall be responsible for proper placement of
their manufactured homes on the manufactured home stand and proper
installation of all utility connections in accordance with the instructions
of the community management.
D.
Each owner or occupant of a nonexempt manufactured home within a
manufactured home community shall remit to the licensee or authorized
community management the cash deposit and monthly municipal permit
fee.[3]
E.
It shall be the duty of every occupant of a community to give the
community licensee or management, or his agent or employee, access
to any part of such community or manufactured home premises at reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with this chapter or any law or ordinance
of the state or Village or lawful regulation or order adopted thereunder.
F.
Manufactured homes shall be parked only on the manufactured home
stands provided and shall be placed thereon in accordance with all
requirements of this chapter.
G.
No manufactured home owner or occupant shall conduct in any unit
or any manufactured home community any business or engage in any other
activity which would not be permitted in single-family residential
areas in the Village.
A.
Wrecked, damaged or dilapidated manufactured homes shall not be kept
or stored in a manufactured home community or upon any premises in
the Village. The Building Inspector or Village Board shall determine
if a manufactured home is damaged or dilapidated to a point which
makes it unfit for human occupancy. Such manufactured homes are hereby
declared to be a public nuisance. Whenever the Building Inspector
or Village Board so determines, he or it shall notify the licensee
or landowner and owner of the manufactured home in writing that such
public nuisance exist within the community or on lands owned by him,
giving the findings upon which his or its determination is based,
and shall order such home removed from the community or site or repaired
to a safe, sanitary and wholesome condition of occupancy within a
reasonable time, but not less than 30 days.
B.
Authorized representatives of the Village Board are authorized and
directed to inspect manufactured home communities not less than once
in every twelve-month period to determine the health, safety and welfare
of the occupants of the community and inhabitants of the Village as
affected thereby and the compliance of structures and activities therein
with this chapter and all other applicable laws of the state and ordinances
of the Village.
C.
Fires in manufactured home communities shall be made only in stoves
and other cooking or heating equipment intended for such purposes.
Outside burning is prohibited except by permit and subject to requirements
or restrictions of the Fire Chief.
D.
All plumbing, building, electrical, oil or gas distribution, alterations
or repairs in the community shall be in accordance with the regulations
of applicable laws, ordinances and regulations of the state and municipality
and their authorized agents and may be performed by a professional
manufactured home service technician.
E.
All manufactured homes in manufactured home communities shall be
skirted unless the unit is placed within one foot vertically of the
stand with soil or other material completely closing such space from
view and entry by rodents and vermin. Areas enclosed by such skirting
shall be maintained free of rodents and fire hazards.
F.
No person shall construct, alter or add to any structure, attachment
or building in a manufactured home community or on a manufactured
home space without a permit from the Building Inspector. Construction
on or addition or alteration to the exterior of a manufactured home
shall be of the same type of construction and materials as the manufactured
home affected. This subsection shall not apply to the addition of
awnings, antennas or skirting to manufactured homes. Accessory structures
on manufactured home spaces shall comply with all setback, side yard
and rear yard requirements for manufactured home units.
G.
Storage under manufactured homes is prohibited.
All plumbing, electric, electrical, building and other work
on or at any manufactured home community under this chapter shall
be in accordance with the ordinances of the Village and the requirements
of the State Plumbing, Electrical and Building Codes and the regulations
of the State Department of Safety and Professional Services. Licenses
and permits granted under this chapter grant no right to erect or
repair any structure, to do any plumbing work or to do any electric
work.
The following guides, standards and requirements shall apply
in site planning for manufactured home communities:
A.
Principal vehicular access points. Principal vehicular access points
shall be designed to encourage smooth traffic flow with controlled
turning movements and minimum hazards to vehicular or pedestrian traffic.
Merging and turnout lanes and/or traffic dividers shall be required
where existing or anticipated heavy flows indicate need. In general,
minor streets shall not be connected with streets outside the district
in such a way as to encourage the use of such minor streets by substantial
amounts of through traffic. No lot within the community shall have
direct vehicular access to a street bordering the development.
B.
Access for pedestrians and cyclists. Access for pedestrians and cyclists
entering or leaving the community shall be by safe and convenient
routes. Such ways need not be adjacent to or limited to the vicinity
of vehicular access points. Where there are crossings of such ways
and vehicular routes at edges of planned developments, such crossings
shall be safety located, marked and controlled, and where such ways
are exposed to substantial vehicular traffic at edges of communities,
safeguards may be required to prevent crossings except at designated
points. Bicycle paths, if provided, shall be so related to the pedestrianway
system that street crossings are combined.
C.
Protection of visibility for automotive traffic, cyclists and pedestrians.
At intersections of any streets, public or private, the provisions
of § 510-43 shall apply and are hereby adopted by reference.
D.
Ways for pedestrians and/or cyclists in exterior yards. In any exterior
yard, required or other, ways for pedestrian and/or cyclists may be
permitted, if appropriately located, fenced or landscaped to prevent
potential hazards arising from vehicular traffic on adjacent streets
or other hazards and annoyances to users or to occupants of adjoining
property. When otherwise in accord with the requirements concerning
such ways set forth above, approved ways in such locations shall be
counted as common recreation facilities and may also be used for utility
easements.
E.
Internal relationships. The site plan shall provide for safe, efficient,
convenient and harmonious groupings of structures, uses and facilities,
and for appropriate relation of space inside and outside buildings
to intended uses and structural features. In particular:
(1)
Streets, drives and parking and service areas. Streets, drives
and parking and service areas shall provide safe and convenient access
to dwellings and community facilities and for service and emergency
vehicles, but streets shall not be so laid out as to encourage outside
traffic to traverse the community, nor occupy more land than is required
to provide access as indicated, nor create unnecessary fragmentation
of the community into small blocks. In general, block size shall be
the maximum consistent with use, the shape of the site and the convenience
and safety of the occupants.
(2)
Vehicular access to streets. Vehicular access to streets from
off-street parking areas may be direct from dwellings if the street
or portion of the street serves 50 units or fewer. Determination of
units served shall be based on normal routes anticipated for traffic.
Along streets or portions of streets serving more than 50 dwelling
units, or constituting major routes to or around central facilities,
access from parking and service areas shall be so combined, limited,
located, designed and controlled as to channel traffic conveniently,
safely and in a manner that minimizes marginal traffic friction, and
direct vehicular access from individual dwellings shall generally
be prohibited.
(3)
Ways for pedestrians and cyclists; use by emergency, maintenance
or service vehicles.
(a)
Walkways shall form a logical, safe and convenient system for
pedestrian access to all dwellings, project facilities and principal
off-street pedestrian destinations. Maximum walking distance in the
open between dwelling units and related parking spaces, delivery areas
and trash and garbage storage areas intended for use of occupants
shall not exceed 100 feet.
(b)
Walkways to be used by substantial numbers of children as play
areas or routes to school, bus stops or other destinations shall be
so located and safeguarded as to minimize contracts with normal automotive
traffic. If an internal walkway system is provided, away from streets,
bicycle paths shall be incorporated in the walkway system. Street
crossings shall be held to a minimum on such walkways and shall be
located and designated to provide safety and shall be appropriately
marked and otherwise safeguarded. Ways for pedestrians and cyclists,
appropriately located, designed and constructed, may be combined with
other easements and used by emergency, maintenance or service vehicles
but shall not be used by other automotive traffic.
