For the purposes of this article the following definitions shall
apply:
The underlying or primary zoning district identified on the
Town's Official Zoning Map and applicable to a particular lot or parcel
of land at the time of application for Planned Development (PD) Zoning
District approval for such lot or parcel.
A tract of land under single ownership, condominium ownership,
or subdivided into lots for single-family development which is located
on a public street or highway or has direct access to a public street
or highway by means of a private right-of-way having a width of at
least 100 feet.
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with a separate interest in space in a residential or commercial
building, such as an apartment or office. "Condominium" may also include
a separate interest in other portions of such real property. A condominium
development shall be permitted only in strict accordance with Ch.
703, Wis. Stats., which, along with amendments thereto, is hereby
adopted by reference and incorporated herein as though fully set forth.
The Planned Development (PD) Zoning District shall be administered
as a conditional use in all zoning districts and as an alternative
to the permitted uses and regulations applicable to those lands which
may be hereafter zoned Planned Development (PD) by the Town Board.
All basic zoning district regulations for lands "over-zoned" as Planned
Development (PD) shall continue in full force and effect, and shall
be solely applicable, until such time as the Town Board grants final
Planned Development (PD) Zoning District approval as hereinafter provided.
The purpose of the Planned Development (PD) Zoning District
is to encourage desirable and quality development by permitting greater
flexibility and design freedom than that permitted under the basic
zoning district regulations and to provide for a well-balanced, aesthetically
pleasing Town and economically desirable development of building sites
within a Planned Development (PD) Zoning District. These regulations
are intended to permit latitude in the development of building sites
if such development is found to be in accordance with the purpose
herein established.
The following uses are permitted in the Planned Development
(PD) Zoning District upon obtaining all necessary approvals required
under this article:
The following general requirements shall apply in the Planned
Development (PD) Zoning District:
A.
Condominium ownership. The concept of condominium ownership, as defined
above, shall not be adversely affected by any of the provisions of
this article. Except as may be permitted by creation of a Planned
Development (PD) Zoning District, however, condominium form of ownership
shall not relieve the owner(s) of any lot or parcel of land from compliance
with all basic zoning district regulations relating to the use of
said property as set forth in this chapter, or from the requirements
of Ch. 703, Wis. Stats.
B.
Applicable regulations. When all necessary approvals required under
this article have been obtained, the general requirements, permitted
uses, lot size and density regulations, setback standards, building
height restrictions, floor area ratio limitations and other basic
zoning district requirements shall no longer be applicable, but rather
the approved final development plan and all requirements as are made
part of such plan shall be construed to be and enforced as part of
this chapter.
C.
Acceptable standards. Normal standards or operational policies regarding
right-of-way widths, provisions for sidewalks, streetlighting and
similar environmental design criteria shall not be mandatory in a
Planned Development (PD) Zoning District. Precise standards, however,
pursuant to the design criteria set forth in this article and deemed
satisfactory by the Town Board shall be made part of the approved
plan and shall be enforced as part of this chapter.
D.
Extension of permitted uses. When a building site is situated in
more than one basic zoning district, the uses permitted in one district
may be extended into the adjacent district, but only after the Town
Board has specifically defined the maximum allowable limits of such
extension.
The developer shall develop the building site in accordance
with the terms and conditions of the development plan approved by
the Town Board. Any changes or additions to the original approved
development plan, including but not limited to building construction,
site development or property use, shall require resubmittal and approval
by the Town Board.
Failure by the developer to comply with the conditions, commitments,
guarantees or recommendations established in the approval of a Planned
Development (PD) Zoning District shall be cause for rescission of
such approval. Upon notice given by the Town's Building Inspector,
the developer shall be required to appear before the Town Board to
explain such apparent failure. The Town Board shall determine whether
the developer has fully complied with the terms and conditions of
the approved development plan and, if there has been a failure to
comply, shall take the following actions:
A.
Monetary forfeiture. Any violation of any provision of this article by any person, firm, association, or corporation or agent, employee, or officer acting on behalf of such person shall be deemed unlawful. A violator shall, upon a finding that a violation of this article exists, forfeit to the Town the sum as provided in § 1-3 of this Code per day for any violation of the terms and provisions of this article, together with the taxable cost(s) of any action to enforce the provisions of this article. It is presumed that each day during which such violation(s) exists shall constitute a separate offense under the terms of this article. Furthermore, it is presumed that each violation of this article constitutes a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by an action commenced by the Town, county or state or independently by any citizen whose interests are adversely affected by violations of this article.[1]
B.
Rescission of approval. The Town Board may rescind its approval,
whereupon such rescission and cessation of all rights and privileges
of the developer and owner shall become effective 31 days after mailing
of written notice of such rescission by certified mail to the developer
at his last known address.
C.
Delay of decision. The Town Board may delay a decision for a period not to exceed 65 days to enable the developer to comply. If the developer achieves substantial compliance within the allotted time period and subsequently establishes to the reasonable satisfaction of the Board that compliance will continue in the future, the rights and privileges of the developer and owner shall continue as long as compliance is maintained. If, however, the developer does not achieve substantial compliance within the allotted time period or does not establish to the reasonable satisfaction of the Board that compliance will be achieved in the future, the Board shall proceed to rescind its approval in accordance with Subsection B above.
As a basis for determining the acceptability of a Planned Development
(PD) Zoning District proposal, the following criteria shall be applied
to the development plan, with specific consideration as to whether
the proposal is consistent with the spirit and intent of this article,
has been prepared with competent professional advice and guidance,
and produces significant benefits in terms of environmental design:
A.
Character and intensity of land use. The uses proposed and their
intensity and arrangement on the building site shall be of such visual,
aesthetic and operational character that they are compatible with
the physical nature of the building site, with particular concern
for preservation of nature features, tree growth and open space; will
produce an attractive environment of sustained aesthetic and ecologic
desirability, economic stability, and functional practicality compatible
with the general development plan for the area as established by the
Town; will not adversely affect the anticipated provision for schools,
sewer and water installations, snow removal, garbage collection, fire
protection, or other municipal services; and will not create a traffic
or parking demand incompatible with existing or proposed facilities
to serve it.
B.
Economic feasibility and impact. Satisfactory evidence shall be provided
demonstrating that the proposed project is economically feasible,
has available adequate financing, and will not adversely affect the
economic prosperity of the Town or the value of surrounding properties.
C.
Engineering design standards. Right-of-way widths, location and widths
of streets and other paving, outdoor lighting requirements, location
of sewer and water lines, provision for drainage, and other similar
environmental engineering considerations shall be based upon a determination
as to the appropriate standards necessary to implement a specific
function in a specific situation; provided, however, that in no case
shall construction standards be less than those necessary to ensure
the public safety and welfare.
D.
Open space and rights-of-way. Adequate provisions shall be made in
the following manner for the permanent preservation and maintenance
of common open space and rights-of-way either by private reservation
or dedication to the public:
(1)
Common open space areas which are not dedicated to the public
shall be protected against development by conveyance of easements
to the Town as a condition of project approval. Areas conveyed by
easement shall be restricted to prevent future building construction,
development or use, except as is consistent with that of providing
landscaped open space for the aesthetic and recreational satisfaction
of surrounding residential properties. Noncommercial recreational
or cultural buildings or uses compatible with the open space objective
may be permitted where specifically authorized as part of the approved
development plan or subsequently upon the Planning and Zoning Board's
recommendation and Town Board approval.
(2)
For roadways and other rights-of-way which are not dedicated
to the public, there shall be granted to the Town as a condition of
project approval such easements as may be necessary to enable the
Town to provide fire protection, sanitary sewer, storm sewer, public
water, and other required municipal services to the development.
(3)
The care and maintenance of recorded easements, open space reservations
and rights-of-way shall be assured either by establishment of an appropriate
private management organization for the project or by establishment
of a special service district for the project area whereby the Town
provides necessary maintenance service and levies the costs thereof
as a special assessment on the tax bills of properties within the
project area. In any case, the Town shall have the right to carry
out and levy assessments for costs of necessary maintenance if not
otherwise performed to the satisfaction of the Town. The manner of
assuring maintenance and assessing costs to individual properties
shall be determined prior to approval of the final development plan
and shall be included in the title to each property.
(4)
Ownership and tax liability of private open space reservations
and rights-of-way shall be established in a manner acceptable to the
Town and shall be made part of the conditions of final development
plan approval.
E.
Building, site and use characteristics. The following building, site
and use characteristics shall be considered as approval criteria:
(1)
Neighborhood environment, characteristics and use.
(2)
Physical, natural and topographical features of the building
site.
(3)
Nature, operational character, organizational structure and
use of buildings and structures.
(4)
Architectural design, visual appeal and building materials.
(5)
Building arrangement, density and floor area ratio.
(6)
Building heights.
(7)
Building setbacks.
(8)
Screening and fencing.
(9)
Landscaping.
(10)
Exterior lighting.
(11)
Site drainage.
(12)
Open space needs.
(13)
Design and capacity of parking and loading areas.
(14)
Design and location of roadways, driveways and walks.
(15)
Traffic generation and rate of vehicle turnover.
(16)
Street or highway access and traffic patterns.
(17)
Number and location of street openings or curb cuts.
(18)
Street and highway dedication.
(19)
Availability and capacity of sewer, water and other utilities.
(20)
Snow removal, garbage collection, fire protection and other
municipal services.
(21)
Methods and hours of operation.
(22)
Operational control.
(23)
Capacity of local schools and educational institutions.
(24)
Economic impacts, inducements, attractions and detractions.
(25)
Implementation schedule and proposed commencement and completion
dates.
(26)
Deed restrictions, sureties, performance bonds, conditions,
provisions, requirements or limitations necessary for the protection
of public safety, health and welfare and as assurance that each phase
of development can and will be brought to completion in a manner which
will not adversely effect the community as a result of termination
at the end of any one phase.
The following procedures shall be adhered to when applying for
preliminary approval of a Planned Development (PD) Zoning District.
No petition for final approval shall be considered until preliminary
approval is granted in accordance with the procedures established
in this section.
A.
Application. Anyone desiring to develop a building site as a Planned Development (PD) Zoning District shall apply to the Building Inspector on such forms as shall be provided by the Town and shall pay an application fee set by the Town Board by resolution. Applications shall include the names, mailing addresses and telephone numbers of all owners and developers, a legal description of the proposed development site, and the following information in sufficient detail for the Town Planning and Zoning Board and Town Board to determine the acceptability of the preliminary proposal and whether it conforms to the approval criteria set forth in § 300-137 above:
(1)
A statement describing the general character of the proposed
development.
(3)
A general development plan showing the pattern of public and
private roads, driveways and parking facilities; the size and location
of lots; the type, size and location of structures; the location of
sanitary and storm sewer lines, water mains and lighting; the location
of recreational and open space areas reserved or dedicated for public
uses; proposed landscape treatment; appropriate statistical data pertaining
to development size, density, ratio of various land uses, and economic
impacts; architectural drawings and sketches illustrating the design
and character of the proposed structures; and general outline of intended
organizational structure.
B.
Preliminary discussions. The Building Inspector shall inform the
Planning and Zoning Board of such request, shall schedule a date for
preliminary discussions between the developer and the Planning and
Zoning Board, and shall notify the developer of such date.
C.
Report and recommendation. After such discussions have taken place
and after thorough review of the application for preliminary approval,
the Planning and Zoning Board shall file a written report on the proposed
development with the Town Board, together with its recommendation
for approval or disapproval. The report and recommendation of the
Planning and Zoning Board shall be made to the Town Board no later
than four months from the date of application with the Building Inspector.
A recommendation of approval by the Planning and Zoning Board shall
in no way be binding on the Town Board. Any such approval granted
shall be preliminary only and shall not bind the Town Board with respect
to approval of the final project.
D.
Amendments. The recommendation of the Planning and Zoning Board and
the preliminary approval of the Town Board shall be based on and include
as conditions thereto the building, site and operation plans for the
development as approved, as well as all other commitments offered
or required with regard to project value, character or other factors
pertinent to an assurance that the proposed development will be carried
out as presented in the approved plans. Detailed construction and
engineering drawings need not be presented at this time; however,
preliminary approval shall be conditioned upon subsequent submittal
and approval of more specific and detailed plans. Any changes or additions
to the plans or proposed use after preliminary approval has been granted
shall first be submitted to the Planning and Zoning Board, and, if
the Planning and Zoning Board determines that such alteration or addition
constitutes a substantial change to the original plan, it shall make
an appropriate recommendation to the Town Board regarding an amendment
to the preliminary plan approval.[2]
After the Town Board has granted preliminary approval for a Planned Development (PD) Zoning District in accordance with the procedures established in § 300-138 above, the developer may file a petition for final approval stating that he seeks to develop such property under the provisions of this section. The following procedures shall be adhered to when applying for final approval of the development project:
A.
Required information. Unless previously submitted, the developer shall provide the following information in sufficient detail for the Planning and Zoning Board and the Town Board to determine the acceptability of the final proposed development and whether it conforms to the approval criteria set forth in § 300-137 above:
(1)
The names, mailing addresses and telephone numbers of any additional
owners or developers since filing of the original preliminary approval
application.
(2)
An accurate topographical map showing elevation and contour
data at two-foot intervals and extending 100 feet beyond the exterior
boundaries of the site, showing all public rights-of-way and existing
buildings within the project area. Such map shall show size and capacities
of all available utilities and high-water elevations along rivers
and bodies of water.
(3)
A scale plot plan showing the location, size, type and use of
all buildings and structures; driveways, walks and access roads; parking
facilities and loading docks; exterior lighting; open spaces and recreation
areas; site drainage; screening and fencing; landscaping; and utility
easements.
(4)
A statistical table showing the acreage of development (exclusive
of public roadways), acreage of proposed open spaces and recreational
areas, and proposed population densities.
(5)
Architectural drawings of all buildings and structures, typical
building floor plans, and sketches showing the design characteristics
and treatment of exterior building elevations.
(6)
A table showing the approximate costs of individual buildings
and structures.
(7)
A statement confirming the anticipated commencement and completion
dates.
(8)
Building sizes in square feet; proportions of buildings devoted
to office, production, manufacturing, warehousing, etc., and proposed
number of employees in each such area; proposed uses and manner of
operation; and municipal services required to serve the site (commercial
and industrial developments only).
(9)
Any other pertinent information, data, statements, drawings
or plans which may be required by the Planning and Zoning Board or
Town Board.
B.
Public hearing, report and recommendation. After receipt of a petition for final approval and submittal of all required information as itemized in Subsection A above, the Planning and Zoning Board shall hold a public hearing regarding the proposed development. Following such public hearing and review of all application materials, the Planning and Zoning Board shall file a written report on the proposed development with the Town Board, together with its recommendation for approval or disapproval. Within a reasonable time period following such recommendation by the Planning and Zoning Board, the Town Board shall either issue a final approval or disapprove such petition.
C.
Commencement of construction. No construction shall commence on the
building site until the Town Board has granted final project approval,
except such construction as shall be in compliance with underlying
zoning district regulations and the proposed planned development as
submitted for final approval. Neither preliminary approval nor final
approval shall constitute permission to begin construction of any
building or structure prior to the issuance of required permits as
is now and as shall be hereafter prescribed elsewhere in the ordinances
of the Town pursuant to state law.
D.
Amendments. Any request or petition for an amendment to a final approval shall be accompanied by an additional fee set by the Town Board by resolution. No amendment shall be allowed or permitted until a public hearing is held, a recommendation is made by the Planning and Zoning Board, and approval is granted by the Town Board in accordance with the procedures established in Subsections A, B and C above.
