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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton as Title 18, Ch. 18.24, of the 1979 Code; amended in its entirety by Ord. No. 032, Series 1995. Subsequent amendments noted where applicable.]
In order that adequate public lands and open space sites may be properly located and preserved as the Village of Grafton develops, the following provisions are established.
A. 
Dedication of lands. Whenever any subdivision, or certified survey map is certified, signed, acknowledged, and recorded as prescribed in § 236.29, Wis. Stats., or a condominium under the provisions prescribed in Ch. 703, Wis. Stats., every donation of land to the public intended for the streets, alleys, ways, commons or other public uses as designated on said subdivision, certified survey map, or condominium shall be deemed sufficient conveyance to vest the fee simple title with the Village of Grafton for the public benefit.
B. 
Suitability of land for public use. Whenever a certified survey map, subdivision plat, condominium, or multiple-family dwelling development includes a proposed dedication of land to public use and it is found that such land is not required or not suitable for public use, the Plan Commission may recommend to the Village Board to either refuse to approve such dedication or require the rearrangement of lots in the proposed certified survey map, subdivision plat, condominium, or multiple-family dwelling development.
1. 
The location and suitability of all land to be dedicated are subject to review and final acceptance by the Village.
2. 
Lands unsuitable for residential development or conventional construction methods may be dedicated to fulfill required obligations only upon written approval by the Village Board.
C. 
Size of land for public use. The area of each parcel of land proposed as a dedication of land for public use shall be of such minimum dimensions, as determined by the Plan Commission, so as to be functionally usable.
D. 
Location. Whenever a certified survey map, subdivision plat, condominium, or multiple-family dwelling development includes a proposed dedication of land to public use, said dedicated land shall be located and sited with sensitivity to surrounding development and existing and planned land uses.
E. 
Drainageways, stormwater detention and retention basins and other public ways or public access to navigable lakes or streams.
1. 
Whenever a tract of land to be subdivided as a subdivision, divided by a certified survey map, or developed as a condominium includes lands designated to be owned by the public, to include drainageways, stormwater detention and retention basins, and other public ways or public access to navigable lakes or streams which have been designated or graphically delineated on the adopted County Development Plan, and/or local comprehensive plans or adopted plan components, or as required by the State of Wisconsin Department of Natural Resources under § 236.16(3), Wis. Stats., or required by the Village of Grafton or the appropriate municipality, said public way shall be made a part of the subdivision plat, certified survey map, or condominium and dedicated by the subdivider or condominium developer in the location and dimensions indicated on said plan or map and as set forth in this title.
2. 
Whenever a tract of land to be subdivided as a subdivision, divided by a certified survey map, developed as a condominium, or developed as a commercial/retail use, there shall be land (outlot) designated for stormwater quality, which could comprise of a detention and/or retention basin. These water quality ponds or devices shall remain private, and the developer shall create an association through which all property owners will own a share of the outlot, and this association shall be responsible for the maintenance. The developer shall grant the Village a stormwater easement and enter into an agreement that requires the formation of an association for continual maintenance of these ponds/devices; the Village shall have the right to do the maintenance and assess these costs to the association.
[Amended by Ord. No. 004, Series 2005]
3. 
Subdivisions or certified survey maps abutting on a navigable lake or stream shall, according to the provisions of § 236.16(3), Wis. Stats., provide access at least 60 feet wide to the low-water mark so that there will be public access which is connected to existing public roads at least at one-half-mile intervals as measured along the lake or stream shore, except where greater intervals and wider access is approved, and excluding shore areas where public parks or open space and streets or roads on either side of a stream are provided. Such access shall be dedicated to the Village of Grafton.
F. 
Parks or playgrounds. Whenever a tract of land to be divided by either certified survey map or subdivision plat or developed as a condominium within the jurisdiction of this title encompasses all or any part of a park or playground that has been designated on a duly adopted Village of Grafton, county or regional comprehensive plan or comprehensive plan component pursuant to § 62.23(6), Wis. Stats., said park or playground shall be made a part of that certified survey map, subdivision plat, or condominium and dedicated or reserved by the subdivider or condominium developer in the locations and dimensions indicated on said plan and according to the procedures set forth in this section.
G. 
Substitution of private recreation and open space lands for required public recreational and open space land reservations or dedications not permitted. The substitution of private recreation and open space lands for required public recreational and open space land reservations or dedications under this title shall not be permitted.
H. 
Reservation and/or dedication of suitable sites of adequate area for future schools, parks, playgrounds, drainageways, and other public purposes. In the design of a subdivision plat, certified survey map, condominium, or multiple-family dwelling development zoned for residential uses, due consideration shall be given to the reservation and/or dedication of suitable sites of adequate area for future schools, parks, playgrounds, drainageways, and other public purposes.
1. 
Provision of public park areas (not including drainageways, schools, and lands for other public purposes) shall be based upon the per capita standards (i.e., the type of park area needed per 1,000 persons served) set forth in the adopted Village of Grafton Comprehensive Plan, or elements thereof (including the Village of Grafton Park and Open Space Plan), as follows:
Community Park:
For park site
= 2.2 acres per 1,000 persons
For playfield and playground associated with park site
= 0.9 acre per 1,000 persons
Neighborhood Park:
For park site
= 1.7 acres per 1,000 persons
For playfield and playground associated with park site
= 1.6 acres per 1,000 persons
Subneighborhood Park:
Playground
= 0.35 acres per 1,000 persons
Playfield
= 0.39 acres per 1,000 persons
Vest Pocket Park:
Playground
= 0.35 acres per 1,000 persons
Total public outdoor recreation land dedication required
= 7.49 acres per 1,000 persons
The determination of the persons per household or dwelling unit shall be based upon the average number of persons per household as reported in the most recent U.S. Census for the Village of Grafton, Wisconsin. (Note: In 1990, there were 2.74 persons per household in the Village of Grafton.) Based upon these adopted Village Comprehensive Plan standards, the amount of land to be dedicated for public outdoor recreation lands, including public parks and playgrounds, shall be according to those rates set forth in Subsection K of this section.
2. 
If designated on the county development plan, Village Comprehensive Plan or plan component, Official Map, or component neighborhood or subarea development plan, such park areas shall be made a part of the certified survey map, subdivision plat, condominium, or multiple-family dwelling development as stipulated in this section.
3. 
If not so designated, consideration shall be given in the location of such sites to the preservation of scenic and historic sites, young or mature woodlands, wetlands, lakes and ponds, watercourses, watersheds, drainageways, steep slopes, and ravines.
I. 
Selection of options. The Plan Commission shall, at the time of reviewing the certified survey map, preliminary plat, condominium, or multiple-family dwelling development, recommend to the Village Board one of the following options and record such recommendation in the minutes of the meeting at which the certified survey map, preliminary plat, condominium, or multiple-family dwelling development is presented for approval. The Village Board, at the time of reviewing the certified survey map, preliminary plat, condominium, or multiple-family dwelling development and after reviewing the recommendation of the Plan Commission, selects one the following options and records such selection in the minutes of the meeting at which the certified survey map, preliminary plat, condominium, or multiple-family dwelling development is presented for approval:
1. 
Dedicate open space lands designated on the county development plans, Village Comprehensive Plan or plan component; or
2. 
Reserve such open space lands and pay a public outdoor recreation land site fee in conformance with Chapter 3.44, Impact Fees, of the Code, as established pursuant to the requirements of § 66.0617, Wis. Stats., as amended; or
3. 
Where no open space lands are directly involved, pay a public outdoor recreation land site fee in conformance with Chapter 3.44, Impact Fees, of the Code, as established pursuant to the requirements of § 66.0617, Wis. Stats. as amended.
J. 
Exemptions. Subject to the requirements and provisions of Chapter 3.44, Impact Fees, of the Code, established pursuant to the requirements of § 66.0617, Wis. Stats., as amended, where a lot, parcel or dwelling unit for which dedication or fee in lieu of dedication has once been paid is further divided or additional dwelling units created, dedication or payment in lieu of dedication shall be required only for the additional lots, parcels or dwelling units created. No lot or dwelling unit which is fully developed for residential purposes at the time of the creation of the subdivision, certified survey map, condominium, or multiple-family dwelling development shall be required to pay a public outdoor recreation land site fee. Lots or parcels designated as "outlots," as defined by this title, shall not be counted as lots or parcels for which a land dedication is required or to provide a fee in lieu of dedication. Lots or parcels designated as "outlots" may, however, be dedicated or reserved as public sites as long as their intended public use is so designated on the face of the subdivision plat, certified survey map, condominium, or multiple-family dwelling development.
K. 
Dedication of site option.
1. 
Determination of the amount of land to be dedicated. Whenever a proposed playground, park, or other public open space land designated on the county's development plan, Village's Comprehensive Plan, neighborhood unit development or subarea plan, or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be divided by either a certified survey map or subdivision plat or is a part of a condominium or multiple-family dwelling development, the public lands shall be made a part of the certified survey map, preliminary plat, condominium, or multiple-family dwelling development and shall be dedicated to the public by the subdivider or condominium developer at the following rates for the provision of the following public outdoor recreation lands:
Community Park:
For park site
= 0.006028 acre per dwelling unit
For playfield and playground associated with park site
= 0.002466 acre per dwelling unit
Neighborhood park:
For park site
= 0.004658 acre per dwelling unit
For playfield and playground associated with park site
= 0.004384 acre per dwelling unit
Subneighborhood park:
Playground
= 0.000959 acre per dwelling unit
Playfield
=0.0010686 acre per dwelling unit
Vest pocket park:
Playground
= 0.000959 acre per dwelling unit
Total public outdoor recreation land dedication required
= 0.0205226 acre per dwelling unit
2. 
Maximum period of land reservation. Any such proposed lands in excess of the rate established herein shall be reserved for a period not to exceed five years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction at undeveloped land prices. If the lands in excess of the established rate are not acquired within the five-year period as set forth herein, the land will be released from reservation to the property owner.
3. 
Stormwater detention/retention areas or basins, wetlands, shoreland wetlands, and/or floodplains not qualified for meeting land area requirements. Areas used or required for stormwater detention or retention areas or basins, wetlands, shoreland wetlands, and/or floodplains shall not qualify for meeting the land area requirements set forth herein for the dedication of suitable public outdoor recreation lands. If such sites are dedicated for public use, they shall be in addition to suitable land area that meets the land area dedication requirements set forth herein.
L. 
Reservation of site options. Whenever a proposed playground, park, or other public open space land designated on the county's development plan, Village's Comprehensive Plan, neighborhood unit or subarea development plan, or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be divided by either a certified survey map or subdivision plat or is a part of a condominium or multiple-family dwelling development, and whenever the subdivider or condominium developer is given the option to dedicate or reserve public sites and open spaces by the Plan Commission, the public lands shall be made a part of the certified survey map, preliminary plat, condominium, or multiple-family dwelling development and reserved for a period not to exceed five years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction at undeveloped land prices.
1. 
For reserved lands.
a. 
The subdivider or condominium developer shall pay a public outdoor recreation land site fee under the requirements and provisions of the Village of Grafton impact fee ordinance(s),[1] established pursuant to § 66.0617, Wis. Stats., as amended, at the time of application for final plat, condominium, or multiple-family dwelling development approval.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
[1]
Edotpr's Note: See Ch. 3.44, Impact Fees, of the Code.
b. 
Restrictive covenants shall be placed on plats identifying the outlots reserved, along with the date of release from the restrictions.
2. 
Reserved lands will be released from reservation to the owner if the lands in excess of the established rate are not acquired within the five-year period.
M. 
Public outdoor recreation land site fee option. See the requirements and provisions of the Village of Grafton impact fee ordinance(s),[2] established pursuant to § 66.0617, Wis. Stats., as amended.
[2]
Edotpr's Note: See Ch. 3.44, Impact Fees, of the Code.
N. 
Public pedestrian access.
1. 
Where a certified survey map, preliminary plat, condominium, or multiple-family dwelling development abuts a public use area, such as a park, lake, stream, hunting grounds, or any similar type of public recreational area, the subdivider or condominium developer, at the option of the Village of Grafton and/or the appropriate municipality, shall provide a pedestrian access easement at least 20 feet wide at approved distance intervals connecting such public area with a public street.
2. 
If it is deemed to be in the public interest by the Village of Grafton or the appropriate municipality to reserve additional area for proper development of the public access thoroughfare, the subdivider or condominium developer of a certified survey map, preliminary plat, condominium, or multiple-family dwelling development shall reserve for acquisition by the Village of Grafton or the municipality in which the land is located, a tract of land adjacent to the thoroughfare which, in the judgment of the Village of Grafton or the appropriate municipality, will adequately serve the public interest. Such tract shall be reserved for a period of five years from the date of recordation of the certified survey map, final plat, or condominium, and if not acquired within that time, it shall be released to the owner.
3. 
The dedication of land for public purposes, such as parkways or recreational corridors, parks, playgrounds, open space sites, rights-of-way or easements, becomes effective at the time of approval and/or recording of the certified survey map, preliminary plat, condominium, or multiple-family dwelling development.
4. 
On lands reserved for eventual public acquisition, no building or development is permitted during the period of reservation.
a. 
The reservation period shall not be longer than five years unless arranged otherwise with the subdivider.
b. 
Land so reserved must be shown on the final plat, certified survey map, condominium or multiple-family dwelling development plans.
O. 
Minimum site preparation required of dedicated public sites. When public sites are dedicated as public sites, as described herein, the subdivider or developer (as applicable) shall, at a minimum, be required to:
1. 
Properly grade and contour the public site for proper drainage and for the anticipated use of the area.
2. 
Cover areas to be seeded with a minimum of four inches of quality topsoil. Said topsoil furnished for the park site shall consist of natural loam, sandy loam, silt loam, silty clay loam, or clay loam humus-bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline.
3. 
Provide such improvements to the public site as may be agreed upon and as set forth in the subdivider's agreement between the Village and the subdivider or developer.
4. 
If the subdivider or developer (as applicable) fails to satisfy the requirements of this section, the Village Board may contract said completion and bill such costs to the subdivider or developer (as applicable) following written notice to the subdivider or developer (as applicable) of noncompliance. Failure of the subdivider or developer (as applicable) to pay such costs may result in the immediate withholding of all building permits for the subdivision, certified survey map, condominium, or multiple-family dwelling development until such costs are paid.