A.
The purpose of the Planned Development District Overlay (PDD) is
to encourage and provide a means for creating desirable and quality
development by permitting greater flexibility and design freedom than
permitted under the basic zoning district regulations. These regulations
are established to permit latitude in the development of the building
sites if such development is found to be in accordance with the purpose,
spirit and intent of this article and the Comprehensive Plan of the
Town and is found not to be hazardous, harmful, offensive or otherwise
adverse to the environment, property values or the character of the
neighborhood or the health, safety and welfare of the Town.
B.
It is intended to permit and encourage diversification, variation
and imagination in the relationship of uses, landscaping, structures,
open spaces, lot sizes, and heights of structures for developments
conceived and implemented as comprehensive and cohesive unified projects.
It is further intended to encourage more rational and economic development
with relationship to public services and to encourage and facilitate
the preservation of open space and other natural features, such as
the Niagara escarpment, woodlands, floodplains and wetlands, by incorporating
these features into the overall development.
A.
This article shall serve as an option to the permitted uses and regulations
applicable to all zoning districts in the Town and shall be applicable
only to those lands which are hereby and may hereafter be zoned Planned
Development District Overlay by the Town Board. Existing zoning shall
continue in full force and effect and shall be solely applicable until
such time as the Town Board grants final approval for the Planned
Development District Overlay Zone.
B.
In areas of the Town outside of the A-2 Agriculture District, only conservation subdivisions meeting the requirements of §§ 135-106 and 135-108 of this article shall be considered for PDD Overlay Zoning. Conservation subdivisions in this area shall meet the overall density required under the A-1 Exclusive Agriculture District and shall provide for the conservation of the Niagara escarpment ledge, wetlands, floodplains, and/or other environmentally significant areas.
C.
All required improvements, construction standards, design standards,
and all other engineering standards contained within the Ledgeview
Code of Ordinances shall be complied with, except where specifically
varied through the provisions of this section of the Code.
As used in this article, the following terms shall have the
meanings indicated:
Such zoning regulations as are applicable to the use district
other than the regulations set forth in this article.
A tract of land not divided by public streets or into lots,
excepting for single-family dwelling purposes and which will not be
subdivided, or where the tract of land, if so divided, is in single
ownership or is owned by a condominium group. (The site must be located
on a public street or highway.)
The document adopted by ordinance by the Ledgeview Board
that meets the requirements of § 66.1001, Wis. Stats., which
is now or may hereafter be in effect.
The number of dwelling units permitted per square foot of
land area or number of dwelling units permitted per acre of land area.
The proposal for development of a planned unit development, including a plat of subdivision (if any), all covenants, easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by § 135-113 herein.
The above parcels and any structure or improvements which
are placed upon such parcels (i.e., rest rooms, tennis courts, ball
diamonds, etc.).
A parcel or parcels of land or an area of water, or a combination
thereof, with the site designated and intended for the use or enjoyment
of residents of the planned development and/or the public at large.
When used in reference to providing any notices or granting
of any affirmative rights under this chapter shall mean the owners
of lands immediately adjacent to the land subject to any action under
this chapter extending 200 feet therefrom or owners of land on the
opposite side of a public road from the subject land extending 200
feet from the street frontage of such opposite land. This definition
shall not prevent the Town from providing notices in its discretion
to any other person.
An area of land controlled by a single owner, corporation
or other legal entity which is to be developed as a single unit and
is referred to herein as a "PUD."
The preliminary drawings described in § 135-111 herein, indicating the proposed manner and/or layout of the Planned Development District to be submitted to the Zoning and Planning Committee for approval.
Open space kept free of structures or improvements, except
for hiking, horseback riding, bicycle trails, ponds, picnic areas
and nature parks.
A.
Basic zoning uses. The following uses are permitted in a Planned
Development District upon obtaining all necessary approvals required
under this article.
(1)
Conservation subdivision plats having a minimum of 50% open
space, of which at least 25% must be outside of environmentally sensitive
areas, as described in the Ledgeview Subdivision Ordinance.[1] Stormwater management facilities, group on-site private
wastewater treatment system absorption fields, and other public facilities
may be located within the 25% of land outside of environmentally sensitive
areas.
(2)
A mixture of residential types and recreational, commercial,
and institutional uses may be developed to serve the residents of
the PDD and/or residents of the surrounding area, provided such uses
can be supported by the residents as indicated by an appropriate market
study provided by the developer. Also, parking, signage, and any additional
use restrictions for the uses shall be addressed in the ordinance
adopted that authorizes and establishes the proposed PDD development.
B.
Building restrictions. Requirements for building height, size and
floor area, lot size, setbacks (front, side, rear and corner side),
density and open space shall be delineated in the preliminary and
final development plans and the ordinance adopted that authorizes
and establishes the proposed POD. Minimum setbacks shall conform to
those listed in the General Provisions of the Ledgeview Zoning Ordinance.[2] In no case shall these requirements be less than stated
in other sections of the PDD article and shall be found not to be
hazardous, harmful, offensive or otherwise adverse to the environment,
property values, or the character of the proposed development, surrounding
neighborhood or community or adverse to the health, safety, and welfare
of the residents of the PDD and/or community as a whole. Notwithstanding
the foregoing, if the final development plan does not address a specific
zoning requirement (the "nonaddressed requirement"), the provisions
of the Ledgeview Zoning Ordinance shall apply to the development plan
to the extent of the nonaddressed requirements.
C.
Minimum size of PDD Overlay District. No district shall be established
unless it contains the minimum area specified in this section and
has at least 200 feet of frontage or Town-approved private road access.
The minimum gross area required for a PDD Overlay District is as follows:
A.
Engineering design standards. The width of rights-of-way, width and
location of street, sidewalks, or other paving requirements, outdoor
lighting types and locations, public sanitary sewer or private on-site
wastewater treatment systems, storm sewer, and water lines, provision
for stormwater retention and drainage, and other similar environmental
engineering considerations shall be based upon a determination as
to the appropriate standards necessary to perform the specific function
in the specific situation; provided, however, that in no case shall
construction standards be less than necessary to insure the public
safety and welfare. The Town reserves the right to have an engineer
of the Town's choosing review all engineering aspects of the development
at cost to the developer.
B.
Approvals. The applicant shall develop the site in accordance with
the terms and conditions of the development presented to and approved
by the Town Board. Any changes or additions to the original approved
development site, structures or plans of operation shall require resubmittal
and recommendation by the Zoning and Planning Committee and approval
by the Town Board.
C.
Rescinding approval. Failure to comply with the conditions, commitments,
guaranties or recommendations established in the approval of such
development project shall be cause for rescinding the approval of
the same. Upon notice given by the Town Clerk, the applicant or agent
then shall be required to appear before the Town Board at its next
public meeting, to explain any such failure to comply. The Town Board
at such meeting shall determine whether or not the developer shall
have failed to comply and, if there has been such a failure, may either:
(1)
Rescind its approval, whereupon such rescission and cessation
of all rights and privileges of the developer and owner, including
the right to complete construction or to construct any building or
other structure or improvement, shall become effective on the 31st
day following a written notice of such decision sent by certified
mail to the developer at his or her last known address; or
(2)
Adjourn such hearing for a period not to exceed 65 days to enable the developer to comply; whereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there shall be such compliance. If the developer has not established to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Subsection C(1).
As a basis for determining the acceptability of a PDD proposal,
the following criteria shall be applied to the development proposal,
with specific considerations as to whether or not it is consistent
with the spirit and intent of this article and the Town of Ledgeview
Comprehensive Plan.
A.
Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall be a visual, aesthetic,
and operational character which:
(1)
Is compatible to the physical nature of the site, with particular
concern for preservation of the Niagara escarpment, woodlands open
space or other environmentally sensitive areas.
(2)
Would produce an attractive environment of sustained aesthetic
and ecologic desirability, economic stability and functional practicality
compatible with the general development plans for the area as established
by the community.
(3)
Would not adversely affect the anticipated provision for school,
sewer, water, snow removal, garbage pickup, fire protection, or other
municipal services.
(4)
Would provide sufficient and accessible off-street parking and
loading facilities. Creativity in addressing the provision of parking
is encouraged. Alternate parking arrangements may be used (such as
exterior or interior satellite parking lots, provision of mass transportation,
etc.) to provide adequate parking within the requirements of this
PDD article.
(5)
Would be developed in a manner that encourages alternative means
of transportation through the provision of sidewalks and/or off-street
trails and a well-connected street pattern.
(6)
Is consistent with the Ledgeview Comprehensive Plan.
B.
Landscaping of parking areas. The parking site shall be planned to
provide a desirable transition from the streetscape and to provide
for adequate landscaping, pedestrian movement and parking areas. In
keeping with this purpose, the following design standards shall be
set forth:
(1)
Where natural or existing topographic features contributed to
the beauty and utility of a development, consideration shall be given
to this preservation. Modification to topographic features should
not only occur where it contributes to good appearance.
(2)
Plant material shall be selected for interest in its structure,
texture, color and for its ultimate growth. Further, it is recommended
that native materials be employed for their ability to tolerate the
prevailing adverse conditions.
(3)
In locations where plant materials will be susceptible to injury
by pedestrians and/or motor vehicles, appropriate curbs, tree guards
or other protective devices shall be employed.
(4)
Parking areas shall be arranged so as to prevent through traffic
to other parking areas.
(5)
Parking areas shall be screened from adjacent structures, roads
and traffic arteries with hedges, dense planting, earth berms, changes
in grade or walls, except where parking areas are designed as an intricate
part of the street.
(6)
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping.
(7)
All parking areas shall be adequately lighted. All such lighting
shall be so arranged as to direct the light away from adjoining residences.
(8)
All off-street loading and unloading areas shall be paved, and
the design thereof approved by the Zoning and Planning Committee.
(9)
All parking areas and off-street loading and unloading areas
shall be graded and drained so as to dispose of all surface water
without erosion, flooding and other inconveniences.
C.
Engineering design standards. The width of rights-of-way, width and
location of street or other paving, requirements for outdoor lighting,
location of sanitary and storm sewer and water lines and provision
for drainage and other similar environmental engineering considerations
shall be based upon a determination as to the appropriate standards
necessary to ensure the public safety and welfare.
D.
Preservation and maintenance of open space. Adequate provisions shall
be made for the permanent preservation and maintenance of common open
space and rights-of-way either by private reservation or dedication
to the public.
(1)
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
Town, as part of the conditions for project approval, an open space
easement over such open areas restricting the areas from any further
building or use, except as specifically authorized as part of the
development plan, or subsequently with the express approval of the
Town Board following the recommendation of building site and operational
plans by the Zoning and Planning Committee.
(2)
In the case of roadways, other rights-of-way and stormwater
management facilities, which are not dedicated to the public, as part
of the conditions for project approval, there shall be granted to
the Town such easements over the same as may be necessary to enable
the Town to provide suitable and adequate fire protection, sanitary
and storm sewer, water, maintenance, recreational trail connections
and other required municipal services to the project area.
(3)
The construction, care and maintenance of such open space reservations,
stormwater management facilities and rights-of-way shall be assured,
either by establishment of appropriate management organization for
the project, acceptance of dedication to the Town, or by agreement
with the Town for establishment of a special service district for
the project area and levy the cost thereof as a special charge on
the tax bills of properties within the project area pursuant to § 66.0627,
Wis. Stats. In any case, the Town shall have the right to carry out
and levy special charge for the cost of any maintenance that it feels
necessary if it is not otherwise taken care of to the satisfaction
of the Town. The manner of assuring maintenance and charging such
cost to individual properties shall be determined prior to the approval
of the final project plans and shall be included in the title to each
property. The developer shall submit a landscape maintenance schedule
and stormwater management plan with the final plan for approval by
the Town that satisfies the above requirements.
(4)
Ownership, maintenance, construction (if necessary), and tax
liability of private open space reservations and rights-of-way shall
be established in a manner acceptable to the Town and made a part
of the conditions of the plan approval.
(5)
Any identified reserved open space within a planned development
shall first be offered to the Town for conveyance and dedication for
public open space.
(6)
In the event that the designated open space is to remain in
agricultural use, the following uses shall be permitted only in the
designated open space areas:
(a)
General farming activities, such as dairying, cropping, apiculture,
floriculture, forestry, horticulture, tree and shrub nurseries, pasturage,
orchards, and similar nonintensive agricultural activities.
(b)
Existing farmstead, barns, and associated outbuildings.
(c)
Proposed new construction or additions outside of the existing footprint of agricultural-related buildings shall require obtaining an amendment to the PDD as identified in § 135-113E. Agricultural-related buildings shall not be interpreted to mean new residential, commercial, or industrial buildings.
E.
Implementation schedule. The petitioners for a PDD Overlay shall
submit a reasonable schedule for the implementation of the development
to the satisfaction of the Zoning and Planning Committee and the Town
Board, including suitable provisions (and the Town may require the
furnishing of a suitable and sufficient performance bond for construction)
for assurance that each phase could and should be brought to completion
in a manner which shall not result in adverse effect upon the community
as a result of termination at the end of any phase.
F.
Additional factors that may be considered by the Zoning and Planning
Committee and Town Board:
(1)
Heights of structures.
(2)
Screening and fencing.
(3)
Landscaping barriers and berms.
(4)
Setbacks.
(5)
The site itself as it relates to neighborhood environment, compatibility
to existing neighborhood use and general neighborhood characteristics.
(6)
Nature and use of the proposed structures and design, architecture
and materials to be used.
(7)
Highway access to the site, number of openings, and width.
(8)
Traffic generation, number of vehicles parked, rate of turnover
per hour and parking requirements.
(9)
Stormwater management.
(10)
Capacities required for sewer, water and other necessary utilities.
(11)
Educational capacity capabilities (number of families and school
load).
(12)
Economic impact on the Town, its inducements, attractions and
detractions.
(13)
Lighting.
(14)
Proposed hours of operation.
(15)
Comparison of open space as required by the underlying basic
zones with that of the proposed project.
(16)
Operational control.
(17)
Commencement and completion dates.
(18)
Highway dedication/street dedication.
(19)
Signage.
(20)
Deed restrictions and sureties deemed necessary to protect the
health, safety and welfare of the community.
(21)
Such other limitations, conditions, special requirements or
characteristics to the use as may be deemed necessary to protect the
health, safety and welfare of the Town.
(22)
Impact on groundwater resources.
(23)
Method of sanitary waste disposal.
(24)
If development is not proposing to have public sewer and water,
the development's ability to be efficiently and cost effectively connected
to public sewer and water, when available.
(25)
Multiuse zoning in a structure throughout the development.
Prior to filing of an application for PDD, the applicant of
the proposed PDD shall contact the Town Clerk to arrange a conference
with Town representatives and/or staff. The primary purpose of the
conference shall be to provide the applicant with an opportunity to
gather information and obtain guidance as to the general suitability
of the proposal for the area for which it is proposed and its conformity
to the provisions of this chapter before incurring substantial expense
in the preparation of plans, surveys and other data.
A.
Notice and fee. A person desiring to develop a particular site as a planned development project shall apply to the Town Clerk on such forms as shall be provided by the Town and shall pay a fee equal to the cost to the Town for reviewing the plans and specifications. All PDD fees shall be reviewed and set annually at the time of adoption of the budget. The fee shall accompany such written application. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers, a contact name, address and telephone number, if different, and a description of the development site. Appropriate supporting documents and maps, as required in Subsection D herein, shall be filed with the application.
B.
Notice to Zoning and Planning Committee. The Town Clerk shall inform
the Zoning and Planning Committee of such desire and shall secure
a date for a preliminary discussion between the developer and the
Zoning and Planning Committee and shall notify such developer of such
date.
C.
Preliminary PDD Planning Committee recommendations. The Zoning and
Planning Committee, after such preliminary discussions and such further
discussions as may be required with the applicant, shall report, in
writing, such proposed project development to the Town Board, together
with its recommendation for either approval, approval with modifications,
or denial of the same. Such report and recommendation of the Committee
shall be made to the Town Board no later than three months from the
date of the filing of the application with the Town Clerk, unless
agreed upon, in writing, by the Town and the applicant. A recommendation
of approval by the Committee shall in no way be binding on the Town
Board.
D.
Information required. The following information shall be provided
by the applicant in adequate detail to satisfy the Zoning and Planning
Committee for its recommendation regarding preliminary approval:
(1)
A statement describing the general character of the intended
development.
(2)
An accurate map of the project area drawn at a scale no less
than one inch equals 100 feet, showing the nature, use and character
of abutting properties, prepared by a registered surveyor.
(3)
Twelve copies of a general development plan of the proposed project drawn at a scale no less than one inch equals 100 feet, showing the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsections A, B, C, D and F of § 135-108 of this article:
(a)
Tract boundaries and a statement of the total acreage of the
tract.
(b)
Significant physical features within the tract and outside the
tract to a distance of 500 feet from the outside boundary of the tract,
including existing two-foot contours, watercourses, drainage, ponds,
lakes, wetlands, floodplains, floodways and other potential environmentally
sensitive areas.
(c)
Existing zoning district(s) on the property and within 500 feet
adjacent to the proposed project.
(d)
Property lines (if any) within the proposed project.
(e)
All contemplated land uses within the tract.
(f)
An indicator of the contemplated intensity of use, i.e., gross
density in residential development, number of prospective tenants
in office, commercial and industrial development or recreational development.
(g)
Number and type of dwelling units.
(h)
Existing buildings that may affect future development and proposed
location of all principal structures and associated parking areas.
(i)
Proposed lot coverage of buildings and structures.
(j)
Proposed circulation systems (pedestrian, bicycle, auto, mass
transit) by type, how they relate to the existing network outside
this site.
(k)
Existing rights-of-way and easements which may affect the project.
(l)
In the case of plans which call for development in stages, a
map at an appropriate scale showing the successive stages.
(m)
The location of sanitary and storm sewer lines, water mains,
fire hydrants and lighting.
(n)
The location of recreational and open space areas and areas
reserved or dedicated for public uses, such as schools, park, etc.
(o)
Description and proposed location of proposed stormwater management
facilities.
(p)
General landscape treatment, including parking and refuse areas.
(5)
Architectural drawings and sketches illustrating the design
and character of proposed structures, and may require color renderings.
(6)
General outline of intended organization structure related to
the property owners' association, deed restrictions and private provision
of common services, if any.
(7)
Economic feasibility and impact report may be required by the
Zoning and Planning Committee to provide satisfactory evidence of
the project's economic feasibility, of available adequate financing
and of its not adversely affecting the economic prosperity of the
Town or the values of surrounding properties.
E.
Preliminary PDD public hearing. The Town Board shall hold a public
hearing on the preliminary PDD within 45 days of receipt of the Zoning
and Planning Committee recommendation, unless the applicant and the
Town agree to an extension in writing. A Class 2 notice pursuant to
Ch. 985, Wis. Stats., shall be published specifying the time, place,
and purpose of the hearing. Such notification appearing in the Town's
official newspaper shall appear once during each of the two weeks
prior to the scheduled date of such hearing, the last of which shall
be at least one week before the hearing. The Town shall also mail
notice of the hearing to all parties of interest who have requested
notification and property owners within 100 feet of the outer boundaries
of the proposed PDD overlay.
F.
Preliminary PDD Town Board action.
(1)
The Town Board shall approve, approve with modifications, deny,
or refer the proposed development back to the Zoning and Planning
Committee. The Town Clerk shall provide a written summary of the Town
Board action and any modifications to the preliminary plan and mail
them to the applicant.
(2)
Approval of the preliminary development plan shall entitle the
developer to final approval if the final development plan is submitted
within one year of the date of approval of the preliminary plan, conforms
to such layout and conditions of the approved preliminary plan and
required final approval information, and the applicant and the Town
have executed a developer's agreement.
(3)
No building permits may be issued on land within the planned
development until the final plan is approved and all public improvements
are in place, including first lift of asphalt, and accepted by the
Town.
A.
The recommendation of the Zoning and Planning Committee and the preliminary
approval of the Town Board shall be based on and include as conditions
thereto the building, site and operational 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
basically as presented in the approved plans.
B.
Detailed construction time and the approval of such preliminary plan
shall be conditioned upon the subsequent submittal and approval of
more specific and detailed plans. Any subsequent change or addition
to the plans or use shall first be submitted to the Zoning and Planning
Committee, and if, in the opinion of the Zoning and Planning Committee,
such change or addition constitutes a substantial alteration of the
original plan, it shall, within 45 days, make an appropriate recommendation
to the Town Board relating to an amendment of the preliminary approval.
C.
An applicant desiring to amend an approved preliminary PDD shall apply to the Town Clerk on such forms as shall be provided by the Town and shall pay a fee equal to cover the cost to the Town of Ledgeview for reviewing the plans and specifications. The fee must accompany said forms. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers; a contact, address, name and telephone number, if different; and a description of the development site. Appropriate supporting documents and maps, as required in § 135-111D, shall be filed with the application.
D.
The Town Board shall hold a public hearing on the preliminary PDD
amendment within 45 days, following the Zoning and Planning Committee
recommendation, unless the applicant and the Town agree to an extension
in writing. A Class 2 notice pursuant to Ch. 985, Wis. Stats., shall
publish the time, place, and purpose of the hearing. Such notification
appearing in the Town's official newspaper shall appear once during
each of the weeks prior to the scheduled date of such hearing, the
last of which shall be at least one week before the hearing. The Town
shall also mail notice of the hearing to all adjoining property owners
of the proposed PDD overlay and parties of interest who have requested
notification.
A.
Petition for final approval. When the Town Board has issued its preliminary
approval of the proposed plan, then the applicant may file with the
Town Clerk a petition executed by the owner, or the owner's agent,
of the property to be developed, for the final approval, stating that
such person seeks to develop such property under the provisions of
this section. Such petition shall include (unless previously submitted
and unchanged from preliminary plans):
(1)
The names, mailing addresses and telephone numbers of any additional
owners and developers of the development site, and the names of owners
and developers listed on the application who no longer have an interest
in the project, in the event that there has been a change in owners
or developers since the date of the application.
(2)
An accurate topographical map showing topographical data at
two-foot intervals and extending within 200 feet beyond the exterior
boundaries of the site, showing all public rights-of-way and all buildings
accurately located within 200 feet of the exterior boundaries of such
site. Such map shall contain all available utilities, including drainage
and the capacities thereof and high-water elevations along rivers.
(3)
A conceptual plan showing the location, type and size of every
proposed structure and its proposed use; also driveways, driveway
access roads, refuse areas, parking facilities, lighting appliances,
recreation areas, loading docks, open spaces, screening, fencing and
landscaped areas and utility easements.
(4)
A statement showing the starting and estimated completion dates
of the project.
(5)
Any other pertinent data, statements, drawings or plans which
may be required by the Zoning and Planning Committee or the Town Board.
(6)
The following additional information for commercial and industrial
developments may be required:
(a)
Square footage of buildings.
(b)
Square footage of offices, production areas and the proposed
number of employees in each such area.
(c)
Detailed signage sketch elevations.
(d)
Details of proposed use or uses and manner of operation.
(e)
The municipal services that may be required to serve the area.
B.
Final PDD Zoning and Planning Committee recommendation. The Zoning and Planning Committee shall make a formal recommendation to the Town Board and provide written findings of fact upon which its recommendation is based in the official minutes of the Zoning and Planning Committee meeting. The Zoning and Planning Committee shall make a recommendation to the Town Board within 45 days of the submittal of a final plan to the Town Clerk, based upon the criteria in § 135-107 and the information provided by the applicant.
C.
Final PDD Town Board action.
(1)
The Town Board shall have an additional 45 days after the public hearing in which to approve, approve with modifications, refer back to the Zoning and Planning Committee, or deny the application, unless an extension is granted through written agreement between the Town and the applicant. The Town Board shall base its decision on the criteria in § 135-108, information provided by the applicant, and official testimony at the public hearing.
(2)
The Town Board shall provide written findings of fact regarding
its action and direct the Town Clerk to provide written notification
to the applicant of the Town Board action and the findings of fact.
(3)
The applicant is responsible for any county or state filings
and fees.
(4)
A developer's agreement shall be negotiated and executed by
the applicant and Town prior to final approval.
D.
Failure to begin construction or establish use. If no construction
has begun or no use has been established in the PDD within six months
from the approval of the final plan, the final plan and related restrictions
and conditions shall lapse and be of no further effect. In its discretion
and for good cause, the Town Board may extend for not more than six
months the period for the beginning of construction or the establishment
of a use.
E.
Amendments.
(1)
The Town Board must approve any amendment to regulations, restrictions,
or conditions for an approved final PDD. Such regulations, restrictions,
or conditions may include but are not limited to changes or alterations
to landscaping, architectural design, type of construction, sureties,
lighting, fencing, planting screens, operational control, hour of
operations, signs, improved traffic circulation, deed restriction,
highway access restrictions, minor alterations or minor additions,
building height or area of existing structures, off-street parking
or loading requirement changes.
(2)
The applicant shall pay a fee for the cost of review and processing
of an amendment.
F.
Interpretation.
(1)
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the Town and shall not be deemed in a limitation
or repeal of any other power granted by the Wisconsin Statutes.
(2)
Further, development shall be planned, reviewed and carried
out in conformance with all municipal, state and other laws and regulations.
However, in interpreting and applying the provisions of this subsection
or any PDD adopted under this subsection, they shall take precedence
and be controlling when there is conflict between their provision
and those of the zoning provisions of this Code.
