A.
Street layout to conform to Official Map and/or adopted plans. In
any new subdivision, certified survey map, or condominium, the street
layout shall conform to the arrangement, width, and location indicated
on the Official Map, county jurisdictional highway system plan, county
development plan, municipal Comprehensive Plan or plan component,
or neighborhood unit development plan of the county or the Village
of Salem Lakes.
B.
Street layout in areas with no Official Map or adopted plans. In
areas for which such plans have not been completed, the street layout
shall recognize the functional classification of the various types
of streets and shall be developed and located in proper relation to
existing and proposed streets, to the topography, to such natural
features as streams and tree growth, to public convenience and safety,
to the proposed use of the land to be served by such streets, and
to the most advantageous development of adjoining areas.
(1)
Access to public streets required. The certified survey map or subdivision
shall be designed so as to provide each lot with satisfactory access
to a public street.
(2)
Arterial streets. Arterial streets, as hereafter defined, shall be
arranged so as to provide ready access to centers of employment, centers
of governmental activity, community shopping areas, community recreation,
and points beyond the boundaries of the community. They shall also
be properly integrated with and related to the existing and proposed
system of major streets and highways and shall be, insofar as practicable,
continuous and in alignment with existing or planned streets with
which they are to connect.
(3)
Collector streets. Collector streets, as hereinafter defined, shall
be arranged to provide ready collection of traffic from residential
areas and conveyance of this traffic to the arterial street, major
street, and highway system and shall be properly related to the mass
transportation system, to special traffic generators, such as schools,
churches, or shopping centers, business parks, and other concentrations
of population or employment, and to the arterial and/or major streets
to which they connect. Where neighborhoods and/or commercial activity/employment
centers abut along arterial streets or highways, collector streets
shall be planned to align to provide secondary interconnections between
abutting neighborhoods or between abutting commercial activity/employment
centers.
(4)
Minor streets. Minor streets, as hereinafter defined, shall be arranged
to conform to the topography, to discourage use by through traffic,
to permit the design of efficient storm and sanitary sewerage systems,
and to require the minimum street area necessary to provide safe and
convenient access to abutting property.
(5)
Proposed streets. Proposed collector streets shall extend to the
boundary lines of the tract being subdivided or developed as a subdivision
or condominium unless prevented by topography or other physical conditions.
(6)
Arterial street and highway protection. Whenever a proposed certified
survey map or subdivision contains or is adjacent to an arterial street
or highway, adequate protection of residential properties, limitation
of access and separation of through and local traffic shall be provided
by reversed frontage, with screen planting contained in a nonaccess
reservation along the rear property line, or by the use of frontage
streets.
(7)
Stream or lake shores. Stream or lake shores shall have a minimum
of 60 feet of public access platted to the low-water mark at intervals
of not more than 1/2 mile as required by § 236.16(3), Wis.
Stats.
(8)
Reserve strips. Reserve strips shall not be provided on any plat
to control access to streets or alleys, except where control of such
strips is placed with the Village under conditions approved by the
Plan Commission.
(9)
Alleys. Alleys may be provided in commercial and industrial areas
for off-street loading and service access if required by the Plan
Commission, but shall not be approved in residential districts. Dead-end
alleys shall not be approved by the Plan Commission. Alleys shall
not connect to a major thoroughfare.
(10)
Street names. Street names shall not duplicate or be similar
to existing street names elsewhere in the county, and existing street
names shall be projected wherever possible. Street names shall conform
to the system established by Kenosha County's Office of Land
Information and County Surveyor, the Village of Salem Lakes or other
agencies designated by the Village.
Whenever the proposed subdivision contains or is adjacent to
a limited-access highway right-of-way, the design shall provide the
following treatment:
A.
Landscape bufferyard easement required. When lots within the proposed subdivision, certified survey map, or condominium back upon the right-of-way of an existing or proposed limited access arterial street or highway, a planting strip (landscape bufferyard easement) a minimum of 30 feet in depth (width), or as otherwise required by Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code, shall be provided adjacent to the highway or railroad in addition to the normal lot depth. This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat: "Landscape Bufferyard Easement: This strip is reserved for the planting of trees and shrubs; the building of structures hereon is prohibited."
B.
Streets serving commercial and industrial properties. Commercial
and industrial properties shall have provided, on each side of the
limited-access highway, streets approximately parallel to and at a
suitable distance from such highway or railroad for the appropriate
use of the land between such streets and highway or railroad, but
not less than 150 feet.
C.
Streets parallel to a limited-access highway right-of-way. Streets
parallel to a limited-access highway right-of-way, when intersecting
a major street and highway or collector street which crosses said
highway, shall be located at a minimum distance of 250 feet from said
highway right-of-way. Such distance, where desirable and practicable,
shall be determined with due consideration of the minimum distance
required for the future separation of grades by means of appropriate
approach gradients.
D.
Minor streets adjacent and parallel to arterial streets and highways.
Minor streets immediately adjacent and parallel to arterial streets
and highways shall be avoided in residential areas.
The minimum right-of-way and roadway width of all proposed streets
and alleys shall be as specified by the county development or Village
Comprehensive Plan, plan component, Official Map, neighborhood development
study, or jurisdictional highway system plan of the county or local
municipality, or, if no width is specified therein, the minimum widths
shall be as shown in Table 1. Street sections are for standard arterial
streets only. Cross sections for freeways, expressways, and parkways
should be based upon detailed engineering studies. All public roadways
shall have an urban section unless otherwise authorized by the Village
Board. In addition roadway sections shall conform to the Standard
Development Details and as follows:
|
Table 1
Minimum Dimensional Design Standards for Urban and Rural Streets
and Other Public Ways
| ||||
|---|---|---|---|---|
|
Type of Street or Other Public Way
|
Required Minimum Section in Urban Areas(a)
|
Required Minimum Section in Rural Areas(a)
| ||
|
Width of Dedicated Right-of-Way
(feet)
|
Dimensions of Section Components
(feet)
|
Width of Dedicated Right-of-Way
(feet)
|
Dimensions of Section Components
(feet)
| |
|
Arterial streets (four-lane)
|
130
|
Pavement: dual 36 (between curb flanges)
Median: 21
Curb lawn(c): 10 per side
Sidewalk: 5
Sidewalk distance to ROW boundary: 1
|
130
|
Pavement: dual 24
Median: 18
Shoulders: 10 outside, 6 inside
Roadside ditch: 16 per side
Ditch slopes: 4:1
Ditch depth: 2 feet
|
|
Arterial streets (two-lane rural to suburban to urban transitional)
|
130
|
Pavement: 24 (between curb flanges)
Shoulder: 10 (paved)
(NOTE: The balance of the right-of-way is to accommodate future
improvements.)
|
100
|
Pavement: 24
Shoulder: 10 of which 3 are paved and 7 are gravel
Ditch slopes: 4:1
Ditch depth: 2.5 feet
(NOTE: The balance of the right-of-way is to accommodate future
improvements.)
|
|
Collector streets
|
80
|
Pavement: 36 (between curb flanges)
Curb lawn(c): 13.5 per side
Sidewalk: 5 (required on both sides)
Sidewalk distance to ROW boundary: 1
|
None
|
None
|
|
Minor streets (typical)
|
66
|
Pavement: 22 (between curb flanges)
Curb lawn(c): 13.5 per side
Sidewalk: 5 (required on 1 side)
Sidewalk distance to ROW boundary: 1
|
66
|
Pavement: 24
Shoulders: 5 per side
Ditch slopes: 4:1
Ditch depth: 2.5 feet
|
|
Minor streets (natural resource protection option)
|
50
|
Pavement: 20 (between curb flanges)
Curb lawn(c): not applicable
Sidewalk: none required
|
50
|
Pavement: 22
Shoulders: 3 per side
Roadside ditch: 9 per side
Ditch slopes: 3:1
Ditch depth: 2 feet
|
|
Minor cul-de-sac (typical and less than 750 feet in length)
|
66 width; 65 ROW radius
|
Pavement at bulb: 48 radius (at flange portion of the outer
edge of cul-de-sac) and 20 (optional center island radius at flange
portion of curb)
Pavement: 20 (between curb flanges)
Curb lawn(c): 14.5 per side
Sidewalk: 5 (required on 1 side)
Sidewalk distance to ROW boundary: 1
|
66 width; 65 ROW radius
|
Pavement at bulb: 45 radius (at flange portion of the outer
edge of cul-de-sac) and 20 (optional center island radius)
Pavement: 22
Shoulders: 5
Ditch slopes: 4:1
Ditch depth: 2.5 feet
|
|
Minor cul-de-sac (natural resource protection option and less
than 750 feet in length)
|
50 width; 50 ROW radius
|
Pavement at bulb: 40 radius (at flange portion of the outer
edge of cul-de-sac) and 15 (optional center island radius at flange
portion of curb)
Pavement: 20 (between curb flanges)
Curb lawn(c): not applicable
Sidewalk: not applicable
|
50 width; 50 ROW radius
|
Pavement at bulb: 35 radius (at flange portion of the outer
edge of cul-de-sac) and 12 (optional center island radius at flange
portion of curb)
Pavement: 22
Shoulders: 3
Ditch slopes: 3:1
Ditch depth: 2 feet
|
|
Alleys
|
25
|
Pavement: 20
Outside pavement: 2.5 per side
|
Not permitted
|
Not permitted
|
|
Bicycle/multi-use path
|
20(b)
|
Pavement: 10
Outside pavement: 5 per side
|
20(b)
|
Pavement: 10
Outside pavement: 5 per side
|
|
Pedestrianways
|
20(b)
|
Pavement: 5
Outside pavement: 7.5 per side
|
20(b)
|
Pavement: 5
Outside pavement: 7.5 per side
|
|
NOTES:
|
|
(a) See Article XV for definitions of "urban area" and "rural area."
|
|
(b) An easement may be permitted
by the Plan Commission rather than a dedicated public right-of-way.
|
|
(c) "Curb lawn" is defined as that
area located between curb/gutter and sidewalk.
|
A.
Cul-de-sac streets.
(1)
Length. Cul-de-sac streets designed to have one end permanently closed
shall not exceed 750 feet in length.
(2)
Adequate turnaround to be provided. Cul-de-sac streets shall terminate
in a circular turnaround having a minimum right-of-way radius of 60
feet and a minimum outside curb radius of 45 feet.
B.
Temporary street termination. Temporary termination of streets intended
to be extended at a later date shall be accomplished with a temporary
cul-de-sac in accordance with the standards set forth above or by
the construction of a temporary "T" intersection 33 feet in width
and 33 feet in length abutting the right-of-way lines of the access
street on each side.
C.
Roadway elevations. Elevations of roadways passing through floodplain
areas shall be designed in the following manner:
(1)
Freeways and arterial streets and highways shall be designed so they
will not be overtopped by the 100-year recurrence interval flood.
(2)
Collector streets shall be designed so they will not be overtopped
by the fifty-year recurrence interval flood.
(3)
Local streets shall be designed so they will not be overtopped by
the twenty-five-year recurrence interval flood.
D.
New and replacement bridges and culverts.
(1)
All new and replacement bridges shall be constructed in accordance
with all applicable state statutes and codes and shall be submitted
to the Department of Natural Resources to ensure compliance therewith.
(2)
All new and replacement bridges and culverts over perennial waterways,
including pedestrian and other minor bridges, in addition to meeting
other applicable requirements, shall be designed so as to accommodate
the 100-year recurrence interval flood event without raising the peak
stage, either upstream or downstream, more than 0.01 foot above the
peak stage for the 100-year recurrence interval flood.
(a)
Larger permissible flood stage increases may be acceptable for
reaches having topographic land use conditions which could accommodate
the increased stage without creating additional flood damage potential
upstream or downstream of the proposed structure.
(b)
Such bridges and culverts shall be so designed and constructed
as to facilitate the passage of ice flows and other debris.
E.
Street grades.
(1)
Street grades shall be established wherever practicable so as to
avoid excessive grading, the promiscuous removal of ground cover and
tree growth, and general leveling of the topography.
(2)
All changes in street grades shall be connected by vertical curves
of a minimum length equivalent in feet to 14 times the algebraic difference
in the rates of grade for arterial streets and 1/2 this minimum for
all other streets.
(3)
Unless necessitated by exceptional topography subject to the approval
of the Plan Commission, the maximum center-line grade of any street
or public way shall not exceed the following:
(4)
The grade of any street shall in no case exceed 12% or be less than
0.60% for urban sections and 1.0% for rural sections.
(5)
Street grades may be varied as provided for in this subsection, but
in no case shall any street grade be permitted to exceed 12%.
F.
Radii of curvature.
(1)
When a continuous street center line deflects at any one point by
more than 10, a circular curve shall be introduced having a radius
curvature on said center line of not less than the following:
(a)
Arterial streets and highways: 500 feet.
(b)
Collector streets: 300 feet.
(c)
Minor streets: 100 feet.
(d)
Rural and suburban streets: may be less than 100 feet in environmentally
sensitive areas as determined by the Plan Commission.
(e)
A tangent at least 100 feet in length shall be provided between
reverse curves on arterial and collector streets.
G.
Half streets. Where an existing dedicated or platted half street
is adjacent to the tract being subdivided by either a subdivision
plat or certified survey map, the other half of the street shall be
dedicated by the subdivider. The platting of new half streets shall
not be permitted.
Streets shall intersect each other at as nearly right angles
as topography and other limiting factors of good design permit. In
addition:
A.
Maximum number of streets converging at single intersection. The
number of streets converging at one intersection shall be reduced
to a minimum, preferably not more than two.
B.
Number and distance between intersections along arterial streets
and highways. The number of intersections along arterial streets and
highways shall be held to a minimum. Wherever practicable, the distance
between such intersections shall not be less than 1,200 feet.
C.
Rounding of property lines at street intersections required. Property
lines at street intersections may be rounded with a minimum radius
of 15 feet, or of a greater radius when required by the Plan Commission,
or shall be cut off by a straight line through the points of tangency
of an arc having a radius of 15 feet.
D.
Continuous alignment of minor streets required at intersections.
Minor streets shall not necessarily continue across arterial or collector
streets, but if the center lines of such minor streets approach the
major streets from opposite sides within 250 feet of each other, measured
along the center line of the arterial or collector street, then the
location shall be adjusted so that the adjoinment across the major
or collector street is continuous. Thus, a jog is avoided.
The widths, lengths, and shapes of blocks that are created shall
be suited to the planned use of the land, zoning requirements, overall
residential density, the need for convenient access, control and safety
of street traffic, and the limitations and opportunities of topography.
In addition:
A.
Maximum block length. The length of blocks in residential areas shall not, as a general rule, be less than 600 feet nor more than 1,500 feet in length unless otherwise dictated by Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code, exceptional topography, environmental features, request of the Plan Commission, or other limiting factors of good design.
B.
Pedestrianways required at center of blocks over 900 feet in length.
Pedestrianways (easement or dedicated public right-of-way) of not
less than 20 feet in width may be required near the center and entirely
across any block over 900 feet in length where deemed essential by
the Plan Commission to provide adequate pedestrian circulation or
access to schools, parks, shopping centers, churches, or transportation
facilities.
C.
Block width. The width of blocks shall be wide enough to provide
for two tiers of lots of appropriate depth, except where otherwise
required to separate residential development from through traffic.
Width of lots or parcels reserved or laid out for commercial or industrial
use shall be adequate to provide for off-street service and parking
required by the use contemplated and the area zoning restrictions
for such use.
D.
Mid-block utility easements required. Utility easements for electric
power and telephone service shall, where practical, be placed on mid-block
easements along rear lot lines.
The size, shape, and orientation of lots shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated. The lots should be designed to provide an aesthetically
pleasing building site and a proper architectural setting for the
building contemplated. In addition:
A.
Lot lines. Lot lines shall follow municipal boundary lines rather
than cross them.
B.
Double frontage lots. Double frontage and reverse frontage lots shall
be prohibited except where necessary to provide separation of residential
development from through traffic or to overcome specific disadvantages
of topography and orientation.
C.
Access. Every lot shall front or abut, for a distance of at least
40 feet, on a public street or private road easement.
D.
Area and dimensional requirements of lots. Areas and dimensions of all lots shall conform to the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code for areas of the unincorporated Village of Salem Lakes. Those building sites not served by a public sanitary sewage system or other approved system shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with Ch. SPS 383, Wis. Adm. Code.
E.
Lot depth. Excessive depth of lots in relation to width shall be
avoided. Depth of lots or parcels reserved or laid out for commercial
or industrial use shall be adequate to provide for off-street service
and parking required by the use contemplated.
F.
Lot width. Width of lots shall conform to the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code or other applicable ordinance.
G.
Corner lots. Corner lots shall have an extra width of 10 feet to
permit adequate building setbacks from side streets.
H.
Plats abutting a lake or stream. In any plat abutting a lake or stream,
lands lying between the meander line and the water's edge and
any otherwise unplattable lands which lie between a proposed subdivision
and the water's edge shall be included as part of lots, outlots,
or public dedications.
I.
Land remnants. All remnants of lots below minimum size left over
after subdividing of a larger tract must be added to adjacent lots,
or a plan shown as to future use, rather than allowed to remain as
unusable parcels.
J.
Large lots. Where lots are created of a size larger than the minimum
lot size required by the underlying zoning district, the Plan Commission
may require that the plat be so designed as to allow for the possible
future resubdivision of such lots into lot sizes compatible with the
underlying zoning district.
This section sets forth vehicular access requirements for certified
survey maps, subdivision plats, and condominiums which abut arterial,
collector, and minor streets. This chapter recognizes that public
streets are a public investment which require control mechanisms in
order to assure both public safety and functional capacity. Proposed
certified survey maps, subdivision plats, and condominiums for residential
and nonresidential uses shall meet the following requirements:
A.
Access standards for all residential and nonresidential uses. All
proposed certified survey maps, subdivision plats, and condominiums
proposed for residential and/or nonresidential uses located in residential
and/or nonresidential zoning districts shall meet the following standards:
(1)
Controlled access to public streets. Lot and parcel vehicular access
points shall be permitted only at locations in accordance with this
chapter and other Village of Salem Lakes adopted plans, ordinances,
or plans approved by the Plan Commission. The Plan Commission may
limit vehicular access to any adjoining arterial, collector, or minor
street.
(2)
Distance between vehicular access points. The spacing of vehicular
access points from arterial, collector, and minor streets to lots
and parcels shall be determined as a function of arterial street and
highway, collector street, and minor street operating speeds. The
minimum spacing between vehicular access points along such streets
or highway shall be determined according to Table 2, unless otherwise
authorized by the Village Board. These spacings are based upon average
vehicle acceleration and deceleration rates and are considered necessary
to maintain safe traffic operation.
|
Table 2
Street and Highway Operating Speed and Minimum Spacing Between
Direct Vehicular Access Points
| |
|---|---|
|
Street/Highway Speed Limit
(miles per hour)
|
Minimum Driveway Spacing Measured at the Street Right-of-Way
Line
(feet)
|
|
25
|
105
|
|
30
|
125
|
|
35
|
150
|
|
40
|
185
|
|
45
|
230
|
|
50
|
275
|
|
Source: American Planning Association, Wisconsin Department
of Transportation and the Southeastern Wisconsin Regional Planning
Commission (SEWRPC).
|
(3)
Limitation of access to interstate, United States, and state trunk
highways. No new direct vehicular access shall be allowed to interstate,
United States, and state trunk highway public rights-of-way unless
approved by the Wisconsin Department of Transportation, Kenosha County,
and the Plan Commission.
(4)
Temporary access.
(a)
On Village streets, the Village Board may grant temporary access
to properties and require their closure when access through adjoining
properties is acquired upon recommendation by the Plan Commission.
Such access shall be temporary, revocable, and subject to any conditions
required and shall be issued for a period not to exceed 12 months.
(b)
Temporary access to state highway rights-of-way is reviewed
and may be approved by the Wisconsin Department of Transportation.
It is the subdivider's responsibility to obtain all necessary
approvals from the Wisconsin Department of Transportation for all
such temporary access points proposed prior to certified survey map,
subdivision plat, or condominium approval by the Village.
(5)
Area circulation plan. The Plan Commission may require the preparation
of an area circulation plan for the proposed certified survey map,
subdivision plat, or condominium or covering several properties in
an area surrounding a proposed certified survey map, subdivision plat,
or condominium. The delineation of the area for the preparation of
an area circulation plan shall be determined by the Plan Commission.
Such a plan may require the sharing of access locations or temporary
access. All landowners, except those with a previously approved certified
survey map, subdivision plat, or condominium, shall be required to
conform to such an area circulation plan once it is adopted by the
Plan Commission as a component, or element, of the Village Comprehensive
Plan. The Plan Commission may require that such an area circulation
plan be prepared based upon the conduct of a traffic impact analysis
conducted by a licensed professional engineer with expertise in traffic
engineering. The Village Engineer shall review all such studies and
assist the Plan Commission.
(6)
Vehicular nonaccess reservations required. The Plan Commission may
require that deed restrictions be placed on certified survey maps,
subdivision plats, or condominiums in order to limit vehicular access
to abutting arterial, collector, or minor streets and highways. A
landscaped bufferyard of adequate opacity, determined by the Plan
Commission or other Village ordinances, shall be provided in vehicular
nonaccess reservations along the property line abutting a public street
right-of-way. In such situations, vehicular access to such lots may
be provided by an abutting minor or collector street at designated
access driveways. Such vehicular nonaccess reservations shall be graphically
so noted on certified survey maps, subdivision plats, or condominium
plats prior to their approval by the Village.
(7)
Arterial street and highway access and street intersections. No new
direct public or private access shall be permitted to an arterial
street or highway within 115 feet of the intersection of the right-of-way
lines of another arterial street or highway, and, where lot or parcel
size permits, no new direct public or private access shall be permitted
to an arterial street or highway within 500 feet of the intersection
of the right-of-way lines of another arterial street.
(8)
Minor streets and vehicular access point alignments. Minor streets
and vehicular access points along both sides of a collector and/or
arterial street shall be aligned to assist in reducing the number
of driveways needed and to improve safety conditions related to access
to the street system.
(9)
Sight distance and driveway placement. Direct vehicular access placement
on abutting collector and arterial streets and highways shall be such
that an exiting vehicle has a minimum unobstructed sight distance
according to Table 3 based upon the operating design speed of the
abutting collector or arterial street or highway, unless otherwise
authorized by the Village Board.
|
Table 3
Highway Design Speed and Minimum Required Sight Distance for
Direct Vehicular Access Point Placement
| ||
|---|---|---|
|
Highway Design Speed
(miles per hour)
|
Minimum Sight Distance
(feet)
|
Desirable Sight Distance
(feet)
|
|
30
|
200
|
200
|
|
35
|
225
|
250
|
|
40
|
275
|
325
|
|
45
|
325
|
400
|
|
50
|
400
|
475
|
|
Source: American Association of State and Highway Transportation
Officials, 1984; Wisconsin Department of Transportation Facilities
Development Manual; and the Southeastern Wisconsin Regional Planning
Commission (SEWRPC).
|
B.
Access standards for nonresidential and multiple-family residential
uses. All proposed certified survey maps, subdivision plats, and condominiums
proposed for nonresidential and multiple-family residential uses located
in nonresidential and/or multiple-family residential zoning districts
shall meet the following standards:
(1)
Maximum number of vehicular access points per lot. Generally, along
arterial streets and highways (including lots which abut the frontage
roads of said rights-of-way), where the abutting street frontage is
less than 350 feet, a maximum of one vehicular access point shall
be permitted to a particular lot from each of any one or two abutting
arterial streets and highways. One additional driveway entrance along
a single continuous lot with frontage in excess of 400 feet may be
permitted by the Plan Commission. When a shared vehicular access point
is used by two or more abutting lots, said shared vehicular access
point shall be considered as one single vehicular access point for
each lot or parcel served.
(2)
Provision of shared vehicular access points between lots. Vehicular
access points planned to be located along property lines or within
five feet of a property line shall be shared vehicular access points
with the abutting lot or parcel. The vehicular access point center
line may be the property line between two lots or parcels of land
or may be a mutually agreed upon land access easement.
Building setback lines appropriate to the location and type
of development contemplated, which are more restrictive than the regulation
of the zoning district in which the subdivision, certified survey
map, or condominium is located, may be required by the Plan Commission.
A.
Natural resource features protection/mitigation, conservation, landscape
bufferyard, and utility easements required. The Plan Commission shall
require natural resource features protection/mitigation, conservation,
landscape bufferyard, and utility easements of widths deemed adequate
for the intended purpose on each side of all rear lot lines and on
side lot lines or across lots where necessary or advisable for natural
resource feature protection, landscape bufferyards, electric power
and communications lines, wires, conduits, storm and sanitary sewers,
and gas, water, and other utility lines.
B.
Subdivision, certified survey map, or condominium plat traversed
by watercourse, drainageway channel, or stream. Where a subdivision,
certified survey map, or condominium plat is traversed by a watercourse,
drainageway channel, or stream, an adequate drainageway or easement
shall be provided as required by the Plan Commission. The location,
width, alignment, and improvement of such drainageway or easement
shall be subject to the approval of the Plan Commission, and parallel
streets or parkways may be required in connection therewith. Where
necessary, stormwater drainage shall be maintained by landscaped open
channels of adequate size and grade to hydraulically accommodate maximum
potential volumes of flow. These design details are subject to review
and approval by the Village Engineer.
C.
Minimum width required for all utility easements. All utility easements
shall be a minimum of 12 feet in width or wider where recommended
by the Village Engineer.
A.
Dedication of suitable sites of adequate area for future public schools,
public parks, public playgrounds, drainageways, and other public purposes.
In the design of a subdivision plat, certified survey map, condominium,
or multiple-family dwelling development zoned for agricultural or
residential uses, due consideration shall be given to the dedication
of suitable sites of adequate area for future public schools, public
parks, public playgrounds, drainageways, and other public purposes.
(1)
Provision of public park areas.
(a)
Provision of public park areas shall be based upon the per capita
standards set forth in the adopted Village of Salem Lakes Comprehensive
Plan, Needs Assessment and Outdoor Recreation Plan.
(b)
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 United States census for the Village of Salem Lakes, Wisconsin. 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 D of this section.
(2)
If designated on the Village Comprehensive Plan, 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 § 335-11 of these regulations.
(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.
B.
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 of 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 to the public those open space lands designated on the Village
Comprehensive Plan, or plan component;
C.
Exemptions. Subject to the requirements and provisions of § 335-58 of this chapter, 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 site fee. Lots or parcels designated as "outlots," as defined by this chapter, shall not be counted as lots or parcels for which a land dedication is required or a fee in lieu of dedication is provided. 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.
D.
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
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 subdivider shall have the option of either
dedicating land consistent with the Village's plan or paying
an impact fee in lieu of the dedication as provided in this chapter.
In the event of a dedication of lands by the developer, the Village
and the developer shall determine, by written agreement, whether the
land dedication satisfies in all public park or land dedication requirements
for parks and open spaces or whether the lands shall be subject to
a further reduced park and recreation impact fee consistent with the
Village's Needs Assessment.
(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.
E.
Suitability.
(1)
The location and suitability of all land to be dedicated shall be
subject to review and final acceptance by the Village or the municipality
in which the lands are located.
(2)
Lands unsuitable for residential development or conventional construction
methods may be dedicated to fulfill required obligations only upon
written approval by the Village of Salem Lakes Village Board or the
appropriate municipality.
F.
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 Salem Lakes 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 Salem
Lakes 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 Salem Lakes 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 Salem Lakes 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.
G.
Minimum site preparation required of dedicated public sites.
(1)
When public sites are dedicated as described herein, the subdivider
or developer (as applicable) shall, at a minimum, be required to:
(a)
Properly grade and contour the public site for proper drainage
and for the anticipated use of the area.
(b)
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.
(c)
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.
(2)
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 agreements for the subdivision, certified survey map, condominium,
or multiple-family dwelling development until such costs are paid.
A.
CAPITAL COSTS
DEVELOPER
IMPACT FEES
LAND DEVELOPMENT
MUNICIPALITY
PUBLIC FACILITIES
SERVICE AREA
SERVICE STANDARD
Definitions. In this section, the following terms shall have the
meanings indicated:
The capital costs to construct, expand, or improve public
facilities, including the cost of land, and including legal, engineering,
and design costs to construct, expand, or improve public facilities,
except that not more than 10% of capital costs may consist of legal,
engineering, and design costs unless the municipality can demonstrate
that its legal, engineering, and design costs which relate directly
to the public improvement for which the impact fees were imposed exceed
10% of capital costs. "Capital costs" does not include other noncapital
costs to construct, expand, or improve public facilities; vehicles;
or the costs of equipment to construct, expand, or improve public
facilities.
A person that constructs or creates a land development.
Cash contributions, contributions of land or interests in
land, or any other items of value that are imposed on a developer
by a municipality under this section.
Construction or modification of improvements to real property
that creates additional residential dwelling units within a municipality
or that results in nonresidential uses that create a need for new,
expanded, or improved public facilities within a municipality.
The Village of Salem Lakes.
Highways, as defined in § 340.01(22), Wis. Stats.,
and other transportation facilities, traffic control devices, facilities
for collecting and treating sewage, facilities for collecting and
treating stormwater and surface waters, facilities for pumping, storing
and distributing water, parks, playgrounds, and land for athletic
fields, solid waste and recycling facilities, fire-protection facilities,
law enforcement facilities, emergency medical facilities, and libraries.
"Public facilities" does not include facilities owned by a school
district.
A geographic area delineated by a municipality within which
there are public facilities.
A certain quantity or quality of public facilities relative
to a certain number of persons, parcels of land, or other appropriate
measure, as specified by the municipality.
B.
Amount of impact fees. The amount of impact fees to be collected for each residential dwelling unit created after the effective date of this section shall be in an amount as specified under Subsection F of this section.
(1)
Determination. Impact fee amounts shall be determined from time to
time and shall be based upon a detailed estimate of the capital costs
of providing new public facilities or the improvement or expansion
of existing public facilities which will be required because of land
development, in accordance with § 66.0617, Wis. Stats. Such
determination shall include an estimate of the effect of the impact
fees on the availability of affordable housing within the Village.
The full amount of the impact fee shall be determined based upon the
number of residential dwelling units created.
(2)
Guidelines and criteria for the impact fees imposed by this section.
The impact fees imposed by this section:
(a)
Shall bear a rational relationship to the need for new, expanded,
or improved public facilities that are required to serve land development.
(b)
May not exceed the proportionate share of the capital costs
that are required to serve land development, as compared to existing
uses of land within the municipality.
(c)
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded, or improved public facilities.
(d)
Shall be reduced to compensate for other capital costs imposed
by the municipality with respect to land development to provide or
pay for public facilities, including special assessments, special
charges, land dedications or fees in lieu of land dedication under
Ch. 236, Wis. Stats., or any other items of value.
(e)
Shall be reduced to compensate for moneys received from the
federal or state government specifically to provide or pay for the
public facilities for which the impact fees are imposed.
(f)
May not include amounts necessary to address existing deficiencies
in public facilities.
C.
Payment of fees. The fees imposed by this section shall be paid in
full to the Village Treasurer (or other Village Board authorized agent)
at the time of the issuance of a building permit by the Village of
Salem Lakes. No occupancy permit shall be issued with respect to any
structure or improvement subject to the provisions of this section
until all required impact fees have been paid.
D.
Segregation of impact fees. Impact fees shall be placed in segregated,
interest-bearing accounts as follows:
(1)
Revenues from impact fees collected to be placed in segregated, interest-bearing
accounts. Revenues from impact fees collected pursuant to this section
shall be placed in segregated, interest-bearing accounts and shall
be accounted for separately from other funds of the Village of Salem
Lakes.
(2)
Expenditure of impact fee revenues. All revenues collected and interest earned on impact fee revenues may be expended only for capital costs for which the impact fee was imposed unless the impact fee is refunded under the provisions of § 66.0617(9), Wis. Stats., as set forth under Subsection I(2) of this section.
(3)
Disposition of prior collected funds. All funds collected and held
by the Village as "park fees" which were collected prior to the enactment
of this section under the provisions of § 66.0617, Wis.
Stats., shall be allocated for public park use as determined by the
Village of Salem Lakes Village Board.
E.
Time limitations on the use of impact fees collected. Impact fees imposed and collected under this section but not spent for the acquisition, development, or improvement of the specified public facilities shall be refunded to the current owners of the property pursuant to the requirements set forth under the provisions of § 66.0617(9), Wis. Stats., and Subsection I of this section.
F.
Impact fees. If a land development does not contain lands suitable
for dedication and development for parks, playgrounds, or land for
athletic field uses as determined by the Village Board under this
chapter, as amended, or if the value of any such lands, as determined
by the methodology set forth under this chapter, does not equal the
cash impact fees imposed by this section, the developer or the property
owner shall pay to the Village an impact fee as follows:
(1)
Community park and neighborhood parks. For each and every residential
dwelling unit created by land development, a community park and neighborhood
parks impact fee in accordance with the fee schedule on file with
the Village Clerk as amended from time to time.
G.
Exemptions. Any land development for which impact fees for parks,
playgrounds, or land for athletic fields have been paid prior to March
12, 2007, pursuant to the provisions and requirements of the Town
of Salem Municipal Code or other Town of Salem ordinance, as said
Municipal Code or other Town of Salem ordinance existed prior to March
12, 2007, shall be exempt from the impact fees imposed under this
section.
H.
Fee increases. The impact fees imposed in this section may be adjusted
each year by the percentage equal to that of the rate of consumer
inflation, based upon the percent of change of the yearly consumer
price index for the previous year for the Chicago-Gary-Kenosha metropolitan
area, as reported by the United States Department of Labor, Bureau
of Labor Statistics. The Village Treasurer (or other Village Board
authorized agent) shall determine such adjustment and maintain a copy
of the said consumer price index upon which such adjustment was made
in the office of the Village Clerk.
I.
Administration. All fees collected and special accounts maintained
under this section shall be subject to administration by the Village
Treasurer.
(1)
Report required. Commencing with the calendar year subsequent to
the effective date of this section, the Village Treasurer shall report
annually to the Village Board with regard to all deposits, withdrawals,
and fund balances in regard to impact fees. The purpose of the annual
report is to provide the Village Board with information necessary
to determine that all funds collected are spent within a reasonable
amount of time, pursuant to this section, for the purposes intended,
and that the amount of the fees imposed continues to represent an
equitable and reasonable apportionment of the cost of public facilities
for land development.
(2)
Refunds.
(a)
Subject to Subsection I(2)(b) of this section, impact fees that are imposed and collected by the Village of Salem Lakes within seven years of the effective date of this section but are not used within eight years of the effective date of this section to pay the capital costs for which they were imposed shall be refunded by the Village Treasurer (or other Village Board authorized agent) to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection D of this section.
J.
Appeals. Any developer who disputes the amount, collection, or use
of the impact fees provided for herein shall have the right to appeal
to the Village Board, and the procedure for such appeal shall be as
follows:
(2)
Content of the written notice of appeal. The written notice of appeal
shall include the name, address, and telephone number of the developer,
the legal description of the land development for which the impact
fee is imposed and the appeal is requested, the number of residential
dwelling units being created, the amount and nature of the impact
fee imposed, and the specific objections to the amount of the impact
fee, collection of the impact fee, or the use of the impact fee.
(3)
Hearing the appeal. Upon receipt of the written notice of appeal
and appeal application fee, the Village Treasurer (or other Village
Board authorized agent) shall schedule a special meeting of the Village
Board for the special purpose of hearing the appeal. Such special
meeting shall be scheduled not more than 30 days from the date of
the receipt of the written notice of appeal unless a later date for
the hearing is agreed to by the developer, in writing.
(4)
Conduct of the appeal proceedings. The developer may present such
oral and documentary evidence as the developer may desire at the hearing,
and the Village Plan Commission may similarly submit evidence in support
of the impact fee(s). All proceedings shall be electronically recorded
or taken by a court reporter, at the option of the developer. If a
court reporter is requested, the developer shall pay the costs thereof.
(5)
Village Board determination. The Village Board shall make its determination
based upon the evidence presented and shall issue its decision, in
writing, within 20 days of the hearing.
(6)
Certification to the Kenosha County Circuit Court. The decision of
the Village Board may be certified to the Kenosha Circuit Court as
a special writ for judicial review.
A.
CAPITAL COSTS
DEVELOPER
IMPACT FEES
LAND DEVELOPMENT
MUNICIPALITY
PUBLIC FACILITIES
SERVICE AREA
SERVICE STANDARD
Definitions. In this section, the following terms shall have the
meanings indicated:
The capital costs to construct, expand, or improve public
facilities, including the cost of land, and including legal, engineering,
and design costs to construct, expand, or improve public facilities,
except that not more than 10% of capital costs may consist of legal,
engineering, and design costs unless the municipality can demonstrate
that its legal, engineering, and design costs which relate directly
to the public improvement for which the impact fees were imposed exceed
10% of capital costs. "Capital costs" does not include other noncapital
costs to construct, expand, or improve public facilities; vehicles;
or the costs of equipment to construct, expand, or improve public
facilities.
A person that constructs or creates a land development.
Cash contributions, contributions of land or interests in
land, or any other items of value that are imposed on a developer
by a municipality under this section.
Construction or modification of improvements to real property
that creates additional residential dwelling units within a municipality
or that results in nonresidential uses that create a need for new,
expanded, or improved public facilities within a municipality.
The Village of Salem Lakes.
Highways, as defined in § 340.01(22), Wis. Stats.,
and other transportation facilities, traffic control devices, facilities
for collecting and treating sewage, facilities for collecting and
treating stormwater and surface waters, facilities for pumping, storing
and distributing water, parks, playgrounds, and land for athletic
fields, solid waste and recycling facilities, fire-protection facilities,
law enforcement facilities, emergency medical facilities, and libraries.
"Public facilities" does not include facilities owned by a school
district.
A geographic area delineated by a municipality within which
there are public facilities.
A certain quantity or quality of public facilities relative
to a certain number of persons, parcels of land, or other appropriate
measure, as specified by the municipality.
B.
Amount of impact fees. The amount of impact fees to be collected for each residential dwelling unit created or that results in nonresidential uses that create a need for new, expanded, or improved public facilities after the effective date of this section shall be in an amount as specified under Subsection F of this section.
(1)
Determination. Impact fee amounts shall be determined from time to
time and shall be based upon a detailed estimate of the capital costs
of providing new public facilities or the improvement or expansion
of existing public facilities which will be required because of land
development, in accordance with § 66.0617, Wis. Stats. Such
determination shall include an estimate of the effect of the impact
fees on the availability of affordable housing within the Village.
The full amount of the impact fee shall be determined based upon the
number of residential dwelling units created.
(2)
Guidelines and criteria for the impact fees imposed by this section.
The impact fees imposed by this section:
(a)
Shall bear a rational relationship to the need for new, expanded,
or improved public facilities that are required to serve land development.
(b)
May not exceed the proportionate share of the capital costs
that are required to serve land development, as compared to existing
uses of land within the municipality.
(c)
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded, or improved public facilities.
(d)
Shall be reduced to compensate for other capital costs imposed
by the municipality with respect to land development to provide or
pay for public facilities, including special assessments, special
charges, land dedications or fees in lieu of land dedication under
Ch. 236, Wis. Stats., or any other items of value.
(e)
Shall be reduced to compensate for moneys received from the
federal or state government specifically to provide or pay for the
public facilities for which the impact fees are imposed.
(f)
May not include amounts necessary to address existing deficiencies
in public facilities.
C.
Payment of fees. The fees imposed by this section shall be paid in
full by the developer or the property owner to the Village Treasurer
(or other Village Board authorized agent) at the time of the issuance
of a building permit by the Village of Salem Lakes. No occupancy permit
shall be issued with respect to any structure or improvement subject
to the provisions of this section until all required impact fees have
been paid.
D.
Segregation of impact fees. Impact fees shall be placed in segregated,
interest-bearing accounts as follows:
(1)
Revenues from impact fees collected to be placed in segregated, interest-bearing
accounts. Revenues from impact fees collected pursuant to this section
shall be placed in segregated, interest-bearing accounts and shall
be accounted for separately from other funds of the Village of Salem
Lakes.
(2)
Expenditure of impact fee revenues. All revenues collected and interest earned on impact fee revenues may be expended only for capital costs for which the impact fee was imposed unless the impact fee is refunded under the provisions of § 66.0617(9), Wis. Stats., as set forth under Subsection I(2) of this section.
(3)
Disposition of prior collected funds. All funds collected and held
by the Village as "transportation system maintenance facilities fees,"
which were collected prior to the enactment of this section under
the provisions of § 66.0617, Wis. Stats., shall be allocated
for transportation system maintenance facilities use as determined
by the Village of Salem Lakes Village Board.
E.
Time limitations on the use of impact fees collected. Impact fees imposed and collected under this section but not spent for the acquisition, development, or improvement of the specified public facilities shall be refunded to the current owners of the property pursuant to the requirements set forth under the provisions of § 66.0617(9), Wis. Stats., and Subsection I of this section.
F.
Impact fees. The developer shall pay to the Village a transportation
system maintenance facilities impact fee for each one linear mile
of Village of Salem Lakes serviced abutting public street and fraction
thereof created by the land development (or per each one linear foot
of Village of Salem Lakes serviced abutting public street and fraction
thereof created by the land development) as follows:
(1)
Land acquisition, building, and site improvement costs for transportation
system maintenance facility building: in accordance with the fee scheduled
on file with the Village Clerk as amended from time to time.
(2)
Land acquisition, building, and site improvement costs for transportation
system enclosed street salt (ice-control material) storage shed: in
accordance with the fee scheduled on file with the Village Clerk as
amended from time to time.
G.
Exemptions. Any land development for which impact fees for transportation
system maintenance facilities have been paid prior to March 12, 2007,
pursuant to the provisions and requirements of the Town of Salem Municipal
Code, or other Town of Salem ordinance, as said Municipal Code or
other Town of Salem ordinance existed prior to March 12, 2007, shall
be exempt from the impact fees imposed under this section.
H.
Fee increases. The impact fees imposed in this section may be adjusted
each year by the percentage equal to that of the rate of consumer
inflation, based upon the percent of change of the yearly consumer
price index for the previous year for the Chicago-Gary-Kenosha metropolitan
area, as reported by the United States Department of Labor, Bureau
of Labor Statistics. The Village Treasurer (or other Village Board
authorized agent) shall determine such adjustment and maintain a copy
of the said consumer price index upon which such adjustment was made
in the office of the Village Clerk.
I.
Administration. All fees collected and special accounts maintained
under this section shall be subject to administration by the Village
Treasurer.
(1)
Report required. Commencing with the calendar year subsequent to
the effective date of this section, the Village Treasurer shall report
annually to the Village Board with regard to all deposits, withdrawals,
and fund balances in regard to impact fees. The purpose of the annual
report is to provide the Village Board with information necessary
to determine that all funds collected are spent within a reasonable
amount of time, pursuant to this section, for the purposes intended,
and that the amount of the fees imposed continues to represent an
equitable and reasonable apportionment of the cost of public facilities
for land development.
(2)
Refunds.
(a)
Subject to Subsection I(2)(b) of this section, impact fees that are imposed and collected by the Village of Salem Lakes within seven years of the effective date of this section but are not used within eight years of the effective date of this section to pay the capital costs for which they were imposed shall be refunded by the Village Treasurer (or other Village Board authorized agent) to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection D of this section.
J.
Appeals. Any developer who disputes the amount, collection, or use
of the impact fees provided for herein shall have the right to appeal
to the Village Board, and the procedure for such appeal shall be as
follows:
(2)
Content of the written notice of appeal. The written notice of appeal
shall include the name, address, and telephone number of the developer,
the legal description of the land development for which the impact
fee is imposed and the appeal is requested, the number of residential
dwelling units being created, the amount and nature of the impact
fee imposed, and the specific objections to the amount of the impact
fee, collection of the impact fee, or the use of the impact fee.
(3)
Hearing the appeal. Upon receipt of the written notice of appeal
and appeal application fee, the Village Treasurer (or other Village
Board authorized agent) shall schedule a special meeting of the Village
Board for the special purpose of hearing the appeal. Such special
meeting shall be scheduled not more than 30 days from the date of
the receipt of the written notice of appeal unless a later date for
the hearing is agreed to by the developer, in writing.
(4)
Conduct of the appeal proceedings. The developer may present such
oral and documentary evidence as the developer may desire at the hearing,
and the Village Plan Commission may similarly submit evidence in support
of the impact fee(s). All proceedings shall be electronically recorded
or taken by a court reporter, at the option of the developer. If a
court reporter is requested, the developer shall pay the costs thereof.
(5)
Village Board determination. The Village Board shall make its determination
based upon the evidence presented and shall issue its decision, in
writing, within 20 days of the hearing.
(6)
Certification to the Kenosha County Circuit Court. The decision of
the Village Board may be certified to the Kenosha Circuit Court as
a special writ for judicial review.
