The purpose and intent of this article is to
protect the public health, safety, convenience and general welfare
and, more particularly, and without limitation, to:
A.
Ensure that the development and use of real property
in the Village is in compliance with all applicable requirements of
Village ordinances and is compatible with its natural and man-made
surroundings;
B.
Promote the wise use, development, conservation and
protection of the soil, water, wetland, woodland and wildlife resources
within the Village and achieve a balanced relationship between land
use and development and the supporting and sustaining natural resource
base;
C.
Require coordinated site planning and assure adequate
standards for such planning;
D.
Promote attractive and aesthetically pleasing surroundings
in the Village;
E.
Prevent the overcrowding of land and avoid undue concentration
of population;
F.
Lessen congestion in the streets and highways;
G.
Provide for proper ingress and egress;
H.
Secure safety from fire, panic and other dangers;
I.
Preserve and enhance the value of real property in
the Village;
J.
Further the orderly layout and appropriate use of
land;
K.
Facilitate adequate provision for transportation,
water supply, stormwater management, sewerage, schools, parks, playgrounds
and other public facilities and services;
L.
Secure safety from flooding, water pollution, disease
and other hazards;
M.
Prevent flood damage to persons and properties and
minimize expenditures for flood relief and flood-control projects;
N.
Prevent and control erosion, sedimentation and other
pollution of surface and subsurface waters;
O.
Provide for adequate light and air;
P.
Preserve natural vegetation and shore cover and promote
the natural beauty of the Village;
Q.
Restrict building sites in areas of poor soils or
in other areas poorly suited for development for which engineered
building practices are unsuitable;
R.
Coordinate the dedication and reservation of appropriately
located sites for streets (including adequate right-of-way for anticipated
future widening of streets), water supply, stormwater and sewerage
systems and facilities, schools, parks and playgrounds and other desirable
public facilities and services;
S.
Facilitate the administration and enforcement of this
chapter and other applicable Village ordinances;
T.
Assist in the implementation of the Village's Comprehensive
Plan and other plan elements;
U.
Avoid the harmful effects of premature development
of land; and
V.
Provide for the updating, modernizing and revitalizing
of older buildings and sites within the Village.
No person owning, developing, using or occupying
real property within the Village shall do, and no person owning, developing,
using or occupying real property within the Village shall allow any
other person to do, any of the types of proposed activities on or
in such real property that are described in Subsections A through
D below without having first obtained written approval of an initial
or amended site and operational plan, or a preliminary site and operational
plan, in accordance with this article.
A.
In any business, manufacturing, institutional or park and recreational zoning district; provided, however, that any such activities relating to the continuation of an allowed existing residential or agricultural use in such zoning district shall be exempted unless Subsection D below is applicable to such activity:
(1)
Commence occupancy of any real property, regardless
of whether accompanied by a change in the use of such real property;
(2)
Commence any new or additional principal or accessory
use of real property;
(3)
Commence any use of real property after a building
or parcel of land has been vacant or not used for an allowed principal
use for 12 consecutive months or more, regardless of whether the same
use was previously conducted in such building or on such land;
(4)
Construct, erect, reconstruct, relocate or replace
any building or any structure including any wall, fence, paved driveway,
paved parking or loading area, sidewalk, sign, light standard, rail
spurs, etc.;
[Amended 7-20-2020 by Ord. No. 20-23]
(5)
Expand, add to or demolish any building or structure;
(6)
Structurally alter or structurally repair any building
or structure;
[Amended 7-20-2020 by Ord. No. 20-23]
(7)
Materially alter or repair exterior surfaces of any
building or structure, including, without limitation, painting of
siding or roofing surfaces, or refacing any principal use sign, primary
monument sign, freeway sign or wall sign which has an area of 10 square
feet or more, or otherwise materially altering the appearance or aesthetic
qualities of the building or structure.
[Amended 7-20-2020 by Ord. No. 20-23]
(8)
Materially alter the grade or materially fill or strip
any site or undertake any other activity on a site that requires an
erosion control permit;
[Amended 7-20-2020 by Ord. No. 20-23]
(9)
Construct, install, relocate, replace, expand or materially
alter any site improvement (e.g., any berm, drainage course, stormwater
detention or retention basin, graveled surface, landscaping, etc.)
or any external apparatus or equipment which is visible from any property
line of the site;
(10)
Change or intensify operations to the extent
that the existing on-site parking or loading facilities are inadequate
to serve the needs of the use(s) conducted on the site or to the extent
that then-current performance standards are violated or a public or
private nuisance is created;
(11)
Install, replace, materially modify or increase
the intensity of any outdoor lighting;
[Amended 7-20-2020 by Ord. No. 20-23]
(12)
Undertake any activity with respect to signage
that requires a sign permit;
(13)
Commence or expand any outdoor storage or sale
of goods or products;
(14)
Remove any trees that are either eight inches
or more in diameter, that are 54 inches above the natural grade or
12 inches or more in diameter at the base, which are not seriously
diseased or damaged or which do not pose an imminent safety hazard
to life or property; or
[Amended 7-20-2020 by Ord. No. 20-23]
(15)
With respect to any site or use for which site
and operational plan approval has been granted, do anything materially
different from or in addition to what is shown, described, required
and/or approved in the site and operational plan, including any conditions
of such plan approval.
B.
In any zoning district other than a business, manufacturing, institutional or park and recreational zoning district, any activities of the type specified in Subsection A above, with respect to any use of such real property that would be allowed as a permitted or conditional principal use in any business, manufacturing, institutional or park and recreational zoning district, or with respect to any accessory use to any such principal use, or with respect to the site of any such principal or accessory use, or with respect to any building or structure used for or in connection with any such principal or accessory use; provided, however, that home occupations allowed by Article VII of this chapter shall be exempted.
C.
In any agricultural zoning district, any activities of the type specified in Subsection A above, with respect to any nonresidential principal use allowed as a conditional use in such district, or any of the following principal uses allowed as a permitted use in such district: landscaping contractor's yard, concrete and asphalt batch plants, commercial horticulture, commercial greenhouse, orchard including on-site retail sales; excluding roadside stands, plant nursery, sod farming, commercial riding stable or riding academy and related equestrian trails, veterinarian office and veterinarian emergency services office, wind energy conversion systems (commercial) or any principal use of a commercial nature permitted in any agricultural district, or with respect to any accessory use to any such principal use, or with respect to the site of any such principal or accessory use, or with respect to any building or structure used for or in connection with any such principal or accessory use.
[Amended 3-15-2010 by Ord. No. 10-16]
D.
In any zoning district other than an agricultural zoning district, any activities of the type specified in Subsection A, above, with respect to any allowed principal use of such real property that is specified in Subsection C above, or with respect to any accessory use to any such principal use, or with respect to the site of any such principal or accessory use, or with respect to any building or structure used for or in connection with any such principal or accessory use.
Every owner, developer, user and/or occupant
of real property within the Village with respect to which an initial
or amended site and operational plan or a preliminary site and operational
plan has been approved pursuant to this article shall develop, use
and/or occupy such real property, or allow any other person to develop,
use or occupy such real property, only in accordance with such approved
plan, and any conditions of plan approval, as amended from time to
time. Any failure to comply with an approved initial, amended or preliminary
site and operational plan or any conditions of such plan approval
shall be a violation of this chapter and shall be unlawful. Any development,
use or occupancy of real property within the Village without having
first obtained site and operational plan approval, when such approval
is required, shall be a violation of this chapter and shall be unlawful.
A.
By Plan Commission.
(1)
The Village Plan Commission shall have authority to
review and decide any application for an initial or amended site and
operational plan approval involving any of the following activities,
after review, comment and recommendation by the Village Zoning Administrator
and other members of the Village staff and/or expert consultants,
as provided for in this article:
(a)
Commencement of any new or additional principal
use occupying 50% or more of the gross floor area of any existing
principal building that is greater than 50,000 square feet, except
for the expansion of an existing tenant that has occupied a portion
of the same principal building for a minimum of one year from the
date the tenant received a certificate of occupancy;
[Amended 5-19-2008 by Ord. No. 08-28; 7-20-2020 by Ord. No. 20-23]
(b)
Commencement of any principal use after a principal
building, principal structure or parcel of land has been vacant or
unused for any allowed principal use for a period of 12 consecutive
months or more, regardless of whether the same use was previously
conducted in such building or structure or on such land;
(c)
Construction, erection, reconstruction, relocation,
or replacement of a principal building or principal structure;
(d)
Expansion of or addition to a principal building
or principal structure, constituting at least a twenty-percent increase
in either the height or gross floor area of such building or structure,
or an increase in gross floor area of at least 500 square feet, or
an increase in height of at least eight feet, whichever is less;
(e)
Any activity relating to a conditional use which
requires an initial or amended conditional use permit to undertake;
or
(f)
Any activity for which an amendment of the map
or text of this chapter is required, when an application for such
an amendment is pending and the applicant has made satisfactory arrangements
with the Village Zoning Administrator regarding the processing of
an application for site and operational plan approval in conjunction
with the application for a zoning map or text amendment.
(2)
The Village Plan Commission shall also have authority to review and decide all applications for preliminary site and operational plan approval, provided for in § 420-55F below, after review, comment and recommendation by the Village Zoning Administrator and other members of the Village staff and/or expert consultants, as provided for in this article.
B.
By Zoning Administrator. The Village Zoning Administrator shall have authority to review and decide all applications for initial or amended site and operational plan approval other than those specified in Subsection A above, after review, comment and recommendation by other members of the Village staff and/or expert consultants, as provided for in this article.
A.
Application forms and attachments. Applications for initial or amended site and operational plan approval shall be made on forms obtained from the Village's Community Development Department. Any application relating to real property for which site and operational plan approval has not previously been granted since April 5, 1989, shall be a full site and operational plan approval application; provided, however, that an application filed only pursuant to § 420-52A(7) above shall be required to address the proposed exterior alterations or repairs and compliance of such alterations or repairs with applicable construction design standards (and, in the case of proposed exterior alterations or repairs to a sign, their compliance with applicable sign standards). An application involving no change in an approved site and operational plan other than a change of occupancy, or involving only minor or discrete amendments to an approved site and operational plan, shall generally be subject to the provisions of Subsection D below, relating to waiver of application requirements. Except as otherwise specifically provided in this section, each applicant for any site and operational plan approval shall fully, accurately and legibly complete the application form and shall file with it eight sets of the plans and other materials and information identified in Subsection B below and described in much greater detail in § 420-57 below, including seven sets in which all architectural or engineering plan sheets are full sized and one set in which all such plan sheets have been reduced to 8 1/2 inches by 11 inches for easy handling, together with the required filing fee, which shall be payable at the time of application. (Required filing fees are set out in Article V of this chapter; fees of expert consultants used by the Village in the review and evaluation of an application for site and operational plan review shall be invoiced separately by the Village and shall be paid by the applicant within 30 days of the date of the invoice.)
B.
Site and operational plan components.
(1)
Except as otherwise specifically provided in this article, the following information, plans and other attachments, which are more fully described in § 420-57 below, shall be included as part of any application for site and operational plan approval:
(a)
Applicant, site, use, project and plan information;
(b)
Operational plan;
(c)
Title sheet;
(d)
Survey;
(e)
Site plan;
(f)
Grading and drainage plan;
(g)
Building plan;
(h)
Lighting plan;
(i)
Landscape and open space plan;
(j)
Signage plan;
(k)
Industrial/commercial waste survey;
(l)
Performance standards compliance plan; and
(m)
Additional requirements, as determined by the
Village Zoning Administrator, other appropriate Village staff members,
or the Village Plan Commission, as appropriate.
(2)
Two or more plans may be combined, provided that all of the information submitted on the combined plan is clearly legible, but in no case shall the combined plans fail to show any of the information required for each individual plan by § 420-57 below, unless such information is waived pursuant to Subsection D below. The applicant shall attach to the application form any waiver of application requirements granted as a result of a preapplication staff conference pursuant to Subsection D below.
C.
Filing. Applications for site and operational plan
approval shall be filed with the Village's Community Development Department.
Obviously incomplete applications shall not be accepted for filing.
D.
Waiver. The Village Zoning Administrator may waive in writing any application requirement which is not necessary for the effective review and determination of the application. In the event of an application to renew a site and operational plan approval that has lapsed for purposes of the issuance of permits pursuant to § 420-56I below, the requirement of initially filing a new set of plans shall be waived if the previously approved plans are on file and readily accessible, unless the Zoning Administrator knows that substantial changes in the previously approved plans will need to be made. Such waivers may be discussed and/or issued at a preapplication conference or at any time during the application or review process. A preapplication conference with the Zoning Administrator or other Village zoning staff members is required for the purpose of discussing the application requirements as they apply to a particular proposed project or activity and potential waivers of such requirements.
[Amended 7-20-2020 by Ord. No. 20-23]
E.
Streamlining. The Village Zoning Administrator shall
develop checklists, affidavits of no change and/or other methodologies
to help streamline the processing of site and operational plan approval
applications whenever possible.
[Amended 7-20-2020 by Ord. No. 20-23]
F.
Preliminary site and operational plan approval. An applicant may apply for preliminary site and operational plan approval prior to submitting an erosion control permit application for early mass grading, or in connection with an early foundation permit, or for other good cause shown. Applications for preliminary site and operational plan approval shall be filed and processed in accordance with this article, but the application requirements for such a preliminary approval shall be limited to a completed application form, survey, a site plan, a grading and drainage plan, an operational plan (and if an early foundation permit is sought, a preliminary building plan, plus any additional requirements imposed by the Village Zoning Administrator in light of the particular facts and circumstances of the situation), and payment of a filing fee. Without limitation, the waiver and deferral provisions of Subsections D and G, respectively, shall be applicable. A preliminary site and operational plan approval shall vest no rights in the applicant against changes in any ordinance requirements that occur prior to final site and operational plan approval, and a condition of any preliminary site and operational plan approval shall be that the applicant accepts all risks of relying on the preliminary approval. Any approved preliminary site and operational plan shall automatically be superseded by any subsequently approved site and operational plan.
[Amended 7-20-2020 by Ord. No. 20-23]
G.
Deferral of signage plan and/or landscaping plan review
and approval. The applicant for an initial or amended site and operational
plan approval under circumstances where there will be a substantial
interval of time between site and operational plan approval and occupancy
may request deferred review and approval of that part of the required
signage plan relating to proposed new or modified signs and/or that
part of the landscaping plan. Although the project may be allowed
to proceed in advance of approval of the signage plan and/or the landscaping
plan, the conditions of any site and operational plan approval with
respect to which any deferred review is approved shall include each
of the following conditions: that the applicant assumes all risks
of relying on the plan approval in advance of obtaining the deferred
approvals, that no work shall proceed with respect to any deferred
matters until the applicable plans have been reviewed and approved
and any other required permits or approvals with respect to such deferred
matters have been obtained, and that occupancy of the real property
shall not be permitted until such time as the deferred plans are approved
and the approved signage and/or landscaping is installed (subject
only to an approved delay in installing landscaping due to cold and/or
inclement weather, and then only upon entering into a satisfactory
development agreement and providing satisfactory security). The Village
Zoning Administrator shall have authority to decide all applications
for any such deferred plan review, and for approval of any deferred
plans, regardless of whether the Zoning Administrator or the Plan
Commission had authority to decide the application for site and operational
plan approval as originally filed.
[Amended 7-20-2020 by Ord. No. 20-23]
H.
Incorrect or inaccurate information. The provision
of material information on or in connection with any application for
site and operational plan approval that is incorrect or inaccurate
and not timely corrected shall be grounds for denial of the application,
issuance of a stop-work order, suspension or revocation by the applicable
decisionmaker of any approved site and operational plan which is significantly
affected by such incorrect or inaccurate information. If the problem
is not promptly and satisfactorily resolved after written notice and
an opportunity to be heard (e.g., the filing of correct information
showing that the approval was properly granted, or the filing of an
application for amended site and operational plan approval coupled
with a voluntary interim cessation of the activities in question)
and/or the commencement of a legal action seeking an injunction, forfeitures
and/or other appropriate relief. An applicant for any site and operational
plan approval shall have a duty to correct, update and/or supplement
an application containing information that was either incorrect or
inaccurate when filed or that has become incorrect or inaccurate during
the pendency of the application. Any such changes in an application
may delay the processing or decision of such application.
[Amended 7-20-2020 by Ord. No. 20-23]
A.
Preliminary determination of completeness. The Village
Zoning Administrator shall use reasonable efforts to make a preliminary
determination of completeness with respect to any application for
residential development plan approval accepted for filing and shall
notify the applicant of any additional information or materials required
to complete the application. The Zoning Administrator may deny an
application for incompleteness if the application is not completed
within 30 days after notification of items required to complete the
application.
[Amended 7-20-2020 by Ord. No. 20-23]
B.
Staff and/or consultant review. Upon making a preliminary
determination that an application for site and operational plan approval
is complete, the Zoning Administrator shall promptly transmit the
application and accompanying information and materials to appropriate
Village staff members and/or to expert consultants for review, comment
and recommendation, as the Zoning Administrator determines is required
under the facts and circumstances of the particular application.
[Amended 7-20-2020 by Ord. No. 20-23]
C.
Summary approval/disapproval. Notwithstanding Subsection B above, the Zoning Administrator shall be authorized to approve summarily an application for site and operational plan approval, without circulating the application to other Village staff members and/or expert consultants for review, comment and recommendation, when the application involves no change or only minor amendments to an approved site and operational plan and there are no apparent violations of such approved plan, the conditions of plan approval, or the provisions of any applicable Village ordinance. Similarly, the Zoning Administrator shall be authorized to disapprove summarily an application for site and operational plan approval requiring an amendment of the map or text of this chapter, if an application for such a zoning ordinance map or text amendment is not pending and if satisfactory arrangements have not been made with the Zoning Administrator to process the application for site and operational plan approval in conjunction with the application for a zoning ordinance map or text amendment.
D.
Zoning Administrator action. Promptly after completion
of the Village staff and/or expert consultant review of an application
for site and operational plan approval, or promptly after the preliminary
determination of completeness if the Village Zoning Administrator
determines that staff and/or consultant review is unnecessary, the
Zoning Administrator shall either notify the applicant by first class
mail or by fax of any additional information or materials required
as a result of the staff and/or consultant review or decide the application,
if the Zoning Administrator has authority to decide it, and notify
the applicant by first class mail or by fax of the decision, including
all conditions of approval and all reasons for denial, or transmit
the application and related staff and/or consultant comments and recommendations
to the Village Plan Commission for decision. The Zoning Administrator
shall make reasonable efforts to take one of these three actions within
60 days after the date of written notification to the applicant of
the preliminary determination of completeness, and other Village staff
members and consultants shall make reasonable efforts to facilitate
timely action by the Village Zoning Administrator. If the Zoning Administrator
notifies the applicant that additional information or materials are
required after the preliminary determination of completeness, the
Zoning Administrator shall make reasonable efforts to decide the application
and notify the applicant of the decision by first class mail or by
fax, or transmit the application and related staff and/or consultant
comments and recommendations to the Plan Commission for decision,
within 30 business days after the filing of all such additional information
or materials, unless further staff and/or consultant review, comments
and recommendations are required with respect to such additional information.
In such event, the Zoning Administrator shall make reasonable efforts
either to decide the application and notify the applicant of the decision
or transmit the application to the Plan Commission for decision within
30 business days after the filing of all such additional information
or materials.
[Amended 7-20-2020 by Ord. No. 20-23]
E.
Plan Commission action. The Plan Commission shall
make reasonable efforts to decide an application for site and operational
plan approval within 60 days from the date on which the application
and staff and/or consultant comments and recommendations are transmitted
to it for decision, unless said application is tabled to request further
information. The Village Zoning Administrator shall make reasonable
efforts to notify the applicant of the Plan Commission's decision
by first class mail or by email within 10 days after the decision,
including all conditions of approval and all reasons for denial.
[Amended 7-20-2020 by Ord. No. 20-23]
F.
Decisions. Site and operational plan approval shall be granted if the application and documents and information submitted in connection with the application demonstrate that the proposed project or activity with respect to which the application is filed will comply with all applicable Village ordinance requirements (including, without limitation, satisfaction of all applicable conditions precedent established by provisions of Chapters 180, 370, 381, 395, 405, 410 and 420 of the Village Code) and will comply with all other requirements of applicable federal, state or county statutes, regulations, ordinances or other laws relating to land use, buildings, development control, land division, environmental protection, sewer service, water service, stormwater management, streets and highways and fire protection. For the purpose of ensuring compliance with such legal requirements, the Zoning Administrator or the Plan Commission may reasonably condition approval of a site and operational plan upon the submission of additional information or modified plans, the completion of specified public improvements or the satisfaction of other specified requirements. The Zoning Administrator or the Plan Commission may impose reasonable time limits for the completion of specified improvements or the satisfaction of conditions of approval and may require the applicant to enter into a satisfactory development agreement with the Village relating to any required public improvements and to submit an irrevocable letter of credit or other acceptable security in satisfactory form to insure that public improvements are completed on schedule and in accordance with approved plans and specifications. Requirements relating to required public or private improvements, dedications of interests in land or dedications of completed public improvements shall be in accordance with the provisions of Chapters 395 and 405 of the Village Code relating to such matters and in accordance with any development agreement entered into by and between the Village and either the applicant(s) or the owner(s) of the real property involved in the application. Conditions precedent to any site and operational plan approval shall include at least the following: that the information contained in the application is correct and accurate; that any known violation of this chapter or other applicable Village ordinances is corrected; and that all expert consultant fees incurred by the Village in connection with site and operational plan review are paid in full by the applicant. The Zoning Administrator and the Plan Commission shall be authorized to process and to grant an application for site and operational plan approval with respect to a use requiring a special Village license and/or a conditional use permit which has not yet been granted, provided that a complete application for such license or conditional use permit has been duly filed and not withdrawn or denied, and further provided that a condition precedent to the granting of such site and operational plan approval shall be the issuance of any required license and/or the required conditional use permit. With respect to an application for site and operational plan approval requiring an amendment of the text or map of this chapter, a complete application for such amendment has been duly filed and not withdrawn or denied, and further provided that a condition precedent to the granting of such site and operational plan approval shall be the approval of any required text or map amendment. In the event of any inconsistency between the requirements of site and operational plan approval and the requirements of the special license or conditional use permit when issued, the most stringent or restrictive requirement shall control. Without limitation, ongoing conditions of any site and operational plan approval shall include continuing compliance with the approved plan and satisfaction of any conditions of plan approval and maintaining the real property in a safe, structurally sound, neat, well-cared-for and attractive condition.
[Amended 5-7-2007 by Ord. No. 07-21; 5-21-2007 by Ord. No.
07-24; 7-20-2020 by Ord. No. 20-23]
G.
Findings. Neither the Zoning Administrator nor the
Plan Commission shall approve any site and operational plan application
without finding in the decision that the application, coupled with
satisfaction of any conditions of approval, will comply with all applicable
Village ordinance requirements and will comply with all other requirements
of applicable federal, state or local statutes, regulations, ordinances
or other laws relating to land use, buildings, development control,
land division, environmental protection, sewer service, water service,
stormwater management, streets and highways and fire protection.
H.
Required signatures on final approval forms. Following
approval of the site and operational plan application, the applicant
shall file with the Community Development Department one complete
paper set and a PDF copy of the final approved site and operational
plan components which have been modified to comply with all conditions
precedent set forth in the approval and which demonstrate satisfaction
of any other conditions precedent to plan approval. Such plans shall
be signed by the Village Zoning Administrator and a PDF copy shall
be provided to the owner prior to the filing of any building permit
application or erosion control permit application for the site or
the granting of any building permit or erosion control permit for
the site. The Village Zoning Administrator shall make reasonable efforts
to review any signed site and operational plan filed by the applicant
pursuant to this subsection for satisfaction of all conditions precedent
to approval, and to sign such plan, or notify the applicant within
10 days after filing. Approved preliminary site and operational plans
and approved deferred plans shall be processed in the same manner
as set out above.
[Amended 7-20-2020 by Ord. No. 20-23]
I.
Effective period. For purposes of the granting of
any erosion control permit, zoning permit and/or building permit,
a site and operational plan approval shall be effective for a period
of 180 days from the Plan Commission approval date of the application
or for a longer time period if specifically approved by the Plan Commission.
[Amended 7-20-2020 by Ord. No. 20-23]
J.
Permits. Except as provided in § 420-55F or G above (relating, respectively, to preliminary site and operational plan approval and to deferral of signage and/or landscaping plan review and approval), no erosion control permit, zoning permit or building permit shall be issued by the Village until site and operational plan approval has been granted, all conditions precedent set forth in the approval have been satisfied, until the final plans have been fully signed as required by Subsection H above, and a preconstruction meeting pursuant to Subsection J(1) below has been held. (Note that the Chief of the Village Fire & Rescue Department has review and approval authority with respect to matters relating to fire protection, independent of the Community Development Department, pursuant to Chapter 180.) In a situation where review of a signage plan and/or landscaping plan has been deferred pursuant to § 420-55G above, no permit relating to signage and/or landscaping, respectively, shall be issued until approval of the deferred plan has been granted, and until all conditions precedent as set forth in such approval have been satisfied, and until the final plan has been fully signed as required by Subsection H above. Site and operational plan approval for a use requiring a conditional use permit shall be processed in conjunction with the conditional use permit application.
[Amended 7-20-2020 by Ord. No. 20-23]
(1)
Preconstruction
meeting. A preconstruction meeting is required, unless the Zoning
Administrator has determined that based on the scope of the project,
this meeting is not required.
(a)
The purpose of the preconstruction meeting is to discuss the site
construction, logistics, schedule, inspection process and requirements
in detail with the owner, engineer, general contractor and the staff
inspectors.
(b)
The design engineer of record shall coordinate the meeting with the
Zoning Administrator and shall moderate and prepare minutes of the
preconstruction meeting.
(c)
The design engineer of record is responsible for the following for
the preconstruction meeting.
[1]
Developer/design engineer shall invite and attendance is required
for the following people at the preconstruction meeting: owner, design
engineer of record, project superintendent for this project, building
and utility contractors, and other trades as applicable to the project,
including Village inspectors and Wisconsin Department of Transportation/Kenosha
County, as applicable. Attendance is required at the preconstruction
meeting.
[2]
Preconstruction agenda. A sample agenda in word format will be provided
by the Village staff to the design engineer for editing for the meeting.
The design engineer shall modify the sample agenda for the project
and provide electronic or paper copies for all attendees. Preconstruction
meeting minutes shall be emailed by the design engineer back to all
attendees within seven days of meeting.
[3]
Project construction schedule of readable size shall be provided
to all attendees.
[4]
Trailer location and site logistics plan shall be provided to all
attendees.
[5]
One full size set and reduced size plan sets of the final approved
plans shall be provided to all attendees for discussion purposes.
[6]
A meeting attendee sign-in sheet shall be circulated for all attendees
for in-person meetings.
[7]
Emergency contact information and business cards shall be provided
for the owner, design engineer of record, project superintendent for
this project, site excavator, underground utilities contractor and
general contractor.
[8]
Any additional information required for the specific project and
scope of work.
K.
Amendments. Any proposed changes to the uses, buildings, structures, site, operations, occupancy or other matters appearing in an approved site and operational plan, or to any of the conditions of plan approval, shall require the approval of an amended site and operational plan. Applications for amended site and operational plan approval shall be filed and processed in the same manner as applications for initial site and operational plan approval. Without limitation, the provisions of §§ 420-55D and 420-56C above, relating to waiver of application requirements and to summary approval, respectively, may be applicable to such applications.
L.
Time periods. Any time period provided for in this article, except the periods specified in Subsections I and M of this section, can be extended by agreement of the applicant and the Zoning Administrator or Plan Commission, as appropriate, and memorialized in writing. Failure of the Village Zoning Administrator, the Village Plan Commission or any other Village employee or consultant to act within the time provided by this article shall not result in approval of the application and shall not constitute a violation of this chapter or give rise to any cause of action, but the Zoning Administrator and the Plan Commission shall promptly report to the Village Board any failure to comply with such time requirements, together with a brief explanation of the circumstances of such failure, so that the Village Board can take such actions as may be necessary to ensure timely Village action on applications for site and operational plan review. Notwithstanding the foregoing sentence, if the Village Zoning Administrator or the Village Plan Commission fails to take any action provided for in this section with respect to an application for site and operational plan approval relating to an adult-oriented use within the time provided by this § 420-56 (or within such time as is extended pursuant to this Subsection L), the action in question shall be deemed to have been taken in favor of the applicant, and the basis for such action shall be deemed to be the application as amended or supplemented at such time.
M.
Appeals. Any person aggrieved by any decision of the
Village Zoning Administrator or of the Village Plan Commission relating
to site and operational plan review may appeal the decision to the
Village Zoning Board of Appeals in the manner and within the time
provided for such appeals. Any applicant for site and operational
plan approval with respect to an adult-oriented use who wishes to
challenge any decision of the Village Zoning Administrator or of the
Village Plan Commission on its application pursuant to this article
shall not be required to appeal to the Village Zoning Board of Appeals
before commencing an action in court.
N.
Exemptions. This article shall not be applicable to
Village public works projects involving streets, sanitary sewers,
water mains, storm sewers, fiber optic communication facilities, sanitation
facilities or related facilities. However, reasonable efforts as determined
by the Zoning Administrator shall be made by the Village to comply
with the site and operational plan provisions set forth in this article
as it pertains to Village buildings, or other Village structures or
site improvements. This article shall not be applicable to City of
Kenosha public works projects involving streets, sanitary sewers,
water mains, storm sewers or related facilities, provided that the
Village has been notified of the project in advance and in writing,
and further provided that a permit has been obtained for work in a
Village street right-of-way, if applicable, but this exemption shall
not be applicable to city buildings or other city structures or site
improvements, unless the Village determines, due to health and safety
concerns, that it is in the best interest of the community and residents
to process the application pursuant to this article. This article
shall not be applicable to federal, state or county projects involving
highways, provided that the Village has been notified in advance of
the project in writing. This article shall not be applicable to utility
company projects involving electric power lines or communications
lines designed to serve consumers directly (e.g., this exception shall
not apply to towers, transmission lines, substations or power plants,
etc.), provided that the Village has been notified of the project
in advance and in writing, and further provided that a permit has
been obtained for work in a street right-of-way, if applicable.
[Amended 7-20-2020 by Ord. No. 20-23]
Except as otherwise specifically provided in
this article, a full and complete application shall include each of
the components described below in this section. The required minimum
contents of each such component, and certain standards applicable
to such components, are set out below.
A.
Applicant, site, use, project and plan information.
Each applicant for site and operational plan approval shall include
in the application at least the following information about the applicant
(and any other owner, developer or occupant of the real property),
the site, the use(s) conducted on the site, the proposed project or
activity giving rise to the need for site and operational plan approval
and the plans involved in the application:
(1)
Name, address, telephone number and fax number (and
cell phone number and email address, if applicable) of the applicant,
engineer, architect, project manager and any other principal contact
individual for purposes of the application;
[Amended 7-20-2020 by Ord. No. 20-23]
(2)
Whether the applicant is the owner of the subject
real property and, if not, either proof of the applicant's legal interest
in the subject real property (e.g., accepted offer to purchase, lease,
etc., which may be appropriately redacted to preserve confidential
information) or written authorization signed by the owner for the
applicant to act as the owner's agent in connection with the application;
(3)
Name, address, and telephone number (and fax number,
cell phone number and email address, if applicable) of each owner,
developer, user or occupant of the site other than the applicant;
(4)
Street address or location of the subject site;
(5)
Area of the subject site in acres or square feet;
(6)
Tax key number(s) of any lot(s) or parcel(s) included
within the site;
(7)
Current zoning classification(s) of the site; if an
amendment of the map or text of this chapter is required for the proposed
project or activity giving rise to the need for site and operational
plan review, whether the application for such amendment has been made,
and whether arrangements have been made with the Village Zoning Administrator
to process the application for site and operational plan approval
in conjunction with the application for a zoning ordinance map or
text amendment;
(8)
Whether the site is served by public sanitary sewer
and public water supply and, if not, where the closest public sanitary
sewer and public water facilities are located relative to the site;
(9)
Standard-sized photographs (electronic versions) showing all aspects of the site (e.g., locations of proposed improvements, bodies of navigable water, wetlands, wooded areas, etc.) and of the exterior of structures or other site improvements (e.g., buildings, entrances/exits, signs, driveways, trash enclosures, parking areas, loading areas, accessory structures, stormwater detention or retention facilities, landscaping, etc.), together with a statement regarding each photograph, which includes the date the photograph was taken, the location from which it was taken, the direction in which the camera was pointed, and a description of what is shown in the photograph (note the specific requirements regarding photographs of signs set out in Subsection K below);
[Amended 7-20-2020 by Ord. No. 20-23]
(10)
All current principal and accessory uses of
the site, whether they are proposed to be continued, and all proposed
principal and accessory uses of the site;
(11)
With respect to any nonconforming use of the
site, prima facie proof of each element of legal nonconforming use
status (i.e., that the nonconforming use was legal in its inception,
that the use was active and actual and not merely casual, occasional,
incidental or accessory when it became nonconforming, that the use
has been continuous with no gap of 12 or more consecutive months since
it became nonconforming, that no building or structure housing the
nonconforming use has been structurally repaired or altered to the
extent of 50% or more of its assessed value since the use became nonconforming,
and that the use has not been changed in nature or physically extended
or expanded since becoming nonconforming);
(12)
With respect to any nonconforming structure
on the site, proof of legal nonconforming structure status (that the
structure and each addition to it was legal when it was built);
(13)
The gross floor area and height of each existing
building on the site and whether it is proposed to be continued, and
the gross floor area and height of each proposed building or addition;
(14)
A brief description of the proposed project or activity requiring site and operational plan approval, in terms of § 420-52 above;
(16)
A description of all local (other than Village),
county, state and federal permits or approvals relating in any way
to land use, buildings, development control, land division, environmental
protection, sewer service, water service, stormwater management, streets
and highways or fire protection that are required for or with respect
to the project or activity for which site and operational plan approval
is sought and an appropriate citation to the controlling statute,
regulation or other law regarding each such permit or approval; and
(17)
A list of all documents, materials or information
attached to the application form.
B.
General standards. Without limitation, the following
general standards shall apply to site and operational plans and to
the review and approval of such plans:
(1)
All plans shall conform to applicable Village ordinance requirements (including, without limitation, satisfaction of all applicable conditions precedent established by provisions of Chapter 395 of the Village Code) and to all other applicable local, state and federal requirements relating to land use, buildings, development control, land division, environmental protection, sewer service, water service, stormwater management, streets and highways and fire protection, and in the event of conflicting requirements or standards, the most restrictive shall apply.
[Amended 5-7-2007 by Ord. No. 07-21; 5-21-2007 by Ord. No.
07-24]
(2)
All plans shall be drawn to a recognized architect's
or engineer's scale that permits the plan to be easily read.
(3)
Building floor plans and elevations may be drawn to
an architect's scale; all other plans shall use an engineering scale
no smaller than one inch equals 40 feet unless a smaller scale is
needed to show the proposed development clearly and is approved by
the Village Zoning Administrator prior to filing.
[Amended 7-20-2020 by Ord. No. 20-23]
(4)
Plan sheets shall not exceed 30 inches by 42 inches
in size, unless a larger size is needed to show the proposed development
clearly and is approved by the Village Zoning Administrator prior
to filing.
(5)
Each plan sheet shall be titled and numbered.
(6)
Each plan sheet shall state the project name and address
or location.
(7)
Each plan sheet shall contain a graphic scale.
(8)
Each plan sheet depicting a site or some portion thereof
from an overhead perspective shall contain a North arrow.
(9)
Each plan sheet shall state the applicant's name,
address, telephone number and fax number.
(10)
Each plan sheet shall contain the name, address,
telephone number, fax number, state license number, seal and signature
of any architect, professional engineer or land surveyor involved
in the preparation of the plan sheet.
(11)
Each plan sheet shall contain the date of the
plan sheet and the date of each revision thereof.
(12)
Each plan sheet shall distinguish between existing
and proposed buildings, structures, improvements and features shown
on the plan and shall indicate which (if any) of the existing buildings,
structures, improvements and features shown are proposed to be removed
or retained as part of the project giving rise to the need for site
and operation plan review.
(13)
Except as otherwise specifically provided in this chapter (including, without limitation, in Article XVIII), the standards set forth in this article shall be fully applicable to any proposed development of a site on which no principal building or structure is located or on which the existing principal building(s) or structure(s) will be removed in conjunction with the project or activity giving rise to the need for site and operational plan review.
(14)
Except as otherwise specifically provided in this chapter (including, without limitation, in Article XVIII), the standards set forth in this article shall be fully applicable to any proposed relocation or reconstruction of an existing principal building or structure.
(15)
Except as otherwise specifically provided in this chapter (including, without limitation, in Article XVIII), the standards set forth in this article shall be fully applicable to any proposed commencement of any principal use of real property if a building or parcel of land has been vacant or unused for an allowed principal use for 12 consecutive months or more, regardless of whether the same use was previously conducted in such building or on such land, except to the extent that the application of such standards is constrained by the physical presence or nature of the existing principal building or structure.
(16)
Except as otherwise specifically provided in
this chapter, and to the extent reasonably practicable, any proposed
addition to or structural alteration or repair of an existing principal
building or structure shall invoke the application of all standards
relating to the proposed addition or structural alteration or repair
or relating to any improvement or modification of the building, structure
or site required as a consequence of the proposed addition or structural
alteration or repair, with the following exceptions:
(a)
In the event the standards relating to building
facing or accent materials would make an addition or repair to a building
or structure incompatible with the existing building, a reasonable
exception to the standard shall be allowed.
(b)
In the event of a voluntary or required expansion
of a graveled parking lot, the entire parking lot shall be paved with
concrete or asphalt, and if the number of parking spaces exceeds 25,
the storm sewers and storm sewer inlets and other required parking
lot improvements shall be installed to the extent reasonably practicable.
(c)
To the extent reasonably practicable, any graveled
entrance shall be correctly located, sized, paved with concrete or
asphalt and otherwise improved in accordance with this chapter.
(17)
Except as otherwise specifically provided in
this chapter, any proposed new or additional accessory use, or any
material change or intensification of the operations involved in an
existing principal or accessory use, shall invoke then-current parking,
loading and performance standards.
(18)
Except as otherwise specifically provided in
this chapter, and to the extent reasonably practicable, any proposed
construction, installation, relocation, expansion or material alteration
of any accessory building, accessory structure or site improvement
shall invoke the application of all standards relating to the proposed
improvement or modification, or relating to any improvement or modification
which is required as a consequence of the proposed improvement or
modification.
(19)
Except as otherwise specifically provided in
this chapter, any proposed material alteration or repair of the exterior
surfaces of any building or structure, including, without limitation,
painting or siding or roofing such surfaces, or refacing any principal
use sign, primary monument sign, freeway sign or wall sign which has
an area of 10 square feet or more, or otherwise materially altering
the appearance or aesthetic qualities of the building or structure,
shall invoke the application of all applicable construction design
standards (and, in the case of proposed exterior alterations or repairs
to a sign, all applicable sign standards).
(20)
In the context of any site and operational plan
approval, the Village Zoning Administrator or the Village Plan Commission
may impose reasonable requirements, based on the standards of this
article, to make the real property safe, structurally sound, neat,
well cared for and attractive.
(21)
While this chapter recognizes the right to continue
nonconforming uses and nonconforming structures, such rights shall
not be free of reasonable regulation in the context of site and operational
modifications.
(22)
Any site consisting of more than a single lot shall be unified and integrated through consolidation of all such lots into a single lot, or through a planned development zoning ordinance enacted by the Village Board for the site, or through the imposition on the site of restrictive covenants running with the land, and/or through the utilization of other effective legal mechanisms, approved by either the Plan Commission or the Zoning Administrator as appropriate under § 420-54 of this chapter, which will ensure that development, use and maintenance of the real property included within the approved site will be subject to ongoing coordinated restrictions and requirements.
(23)
In the context of an approved site consisting
of more than a single lot, on which only a single principal building
or a single group of two or more attached principal buildings will
be constructed, restrictions relating to a lot (e.g., setback requirements,
requirements that an accessory use or accessory structure must be
located on the same lot as the principal use to which it is related,
etc.) shall be applied to the site instead, provided that appropriate
restrictive covenants are in place to prevent the construction of
additional principal buildings on the site.
[Amended 7-20-2020 by Ord. No. 20-23]
C.
Operational plan.
(1)
Operational plan requirements. The applicant shall
prepare and file as part of the application for site and operational
plan approval an operational plan which shall include at least the
following information or materials:
(a)
A detailed description of the business history,
background and location/type of other projects completed. In addition,
a detailed narrative description of the operations, processes and
functions of the existing and proposed uses to be conducted in or
on the real property constituting the site, together with any diagrams,
maps, charts or other visual aids that are helpful in understanding
the operations and any potential adverse impacts on neighboring properties.
[Amended 7-20-2020 by Ord. No. 20-23]
(b)
A detailed description of the proposed project
or activity giving rise to the need for site and operational plan
approval and a detailed explanation of how such project or activity
relates to the site and to the existing or proposed operations to
be conducted in or on the real property constituting the site. In
addition, a description and time of any proposed phasing.
[Amended 7-20-2020 by Ord. No. 20-23]
(c)
Gross floor area of the existing building(s)
and/or proposed addition.
(d)
Anticipated hours of operation, hours open to
the public, and hours of deliveries or shipments. Refer to each zoning
district for requirements related to specific requirements and limitations
related to hours of operation and hours for deliveries.
[Amended 7-20-2020 by Ord. No. 20-23]
(e)
Anticipated startup and total number of full-
and part-time employees.
(f)
Anticipated number of shifts and the anticipated
number of employees per shift.
(g)
Anticipated maximum number of employees on site
at any time of the day.
(h)
Number of anticipated students, participants
or persons to be gathered in places of assembly, if applicable.
(i)
Number of parking spaces required per this chapter
and the method used to calculate such number.
(j)
Number of existing and proposed on-site parking
spaces to be provided (conventional spaces and handicapped spaces
to be stated separately).
(k)
Anticipated daily average and maximum potential
number of automobile trips to and from the site (excluding trucks).
(l)
Anticipated daily average and maximum potential
number of truck trips to and from the site.
(m)
Types of goods and materials to be made, used
or stored on site.
(n)
Types of equipment or machinery to be used on
site.
(o)
Types of solid or liquid waste materials which
will require disposal.
(p)
Method of handling, storing and disposing of
solid or liquid waste materials.
(q)
Methods of providing site and building security
other than the Village Police Department.
(r)
Description of the methods to be used to maintain
all buildings, structures, site improvements and sites in a safe,
structurally sound, neat, well-cared-for and attractive condition.
(s)
Description of potential adverse impacts to
neighboring properties or public facilities and measures to be taken
to eliminate or minimize such adverse impacts.
(t)
A list of all local, county, state and federal
permits or approvals required for the project or activity giving rise
to the need for site and operational plan approval and copies of such
permits and approvals that have been obtained.
(2)
Operational plan standards. In addition to any other
applicable requirements or standards specified in this chapter, the
following requirements or standards shall apply to the operational
plan:
(a)
No use shall be conducted in such a way as to
constitute a public or private nuisance.
(b)
No use shall be conducted in such a way as to violate any of the performance standards set out in § 420-38 of this chapter.
(d)
No owner, occupant or user of real property
shall conduct a use so intensively that there is inadequate provision
of on-site parking spaces and/or loading spaces to accommodate the
needs of such use.
(e)
All buildings, structures, site improvements
and sites shall be maintained in a safe, structurally sound, neat,
well-cared-for and attractive condition.
(f)
Within a building, any provision of live entertainment
in connection with a business or club use involving the selling or
service of alcoholic beverages shall comply with the following restrictions:
[1]
Live entertainment shall be provided only on
a raised platform that is not less than 23 inches higher than the
elevation of the surrounding floor surfaces where customers, members
or their guests are sitting, standing or dancing;
[2]
Customers, members or their guests shall at
all times be separated from the raised platform on which live entertainment
is being provided by a distance of not less than four feet and a physical
barrier to mark and enforce such separation distance; and
[3]
There shall be no touching of any kind between
entertainers and customers, members or their guests.
(g)
No proposed new or expanded use shall be permitted
to create or significantly exacerbate unsafe traffic conditions on
any street or highway in the Village.
(h)
Indoor pyrotechnic displays are prohibited.
D.
Title sheet. The applicant shall file a plan title
sheet as part of the application for site and operational plan approval,
which shall include at least the following information:
[Amended 7-20-2020 by Ord. No. 20-23]
(1)
The
project name and address.
(2)
The
name, address, telephone number and email of the property owner, applicant,
project manager or principal contact person, and the architect, professional
engineer or land surveyor involved in the preparation of the plans.
(3)
List
of government agency contact names, addresses, phone numbers and email
addresses.
(4)
A
table of contents indicating plan sheets included in the plans.
(5)
A
site location map.
(6)
A
chart indicating, at a minimum, the following information:
(a)
Gross site area.
(b)
Total building area.
(c)
Building footprint area.
(d)
Landscaped area and percent of gross site area.
(e)
Area of any wetlands, 100-year floodplain on site to be filled, remain
or adjusted.
(f)
Impervious area and percent of gross site area (excludes any public
right-of-way).
(g)
Current/proposed zoning district.
(h)
Number of regular parking spaces.
(i)
Number of handicapped accessible parking spaces.
(j)
Number of truck parking spaces.
(k)
Number of loading dock positions.
E.
Survey. A survey of the site shall be prepared, signed
and sealed by a Wisconsin professional land surveyor, which shall
include at least the following information:
[Amended 7-20-2020 by Ord. No. 20-23]
(1)
The dimensions of the site, including the length and
bearing of each property line of the site.
(2)
The area of the site in acres or square feet.
(3)
The legal description of the site.
(4)
The type, location, footprint, outside dimensions,
height and gross floor area (if applicable) of each existing building
or structure on the site, including, without limitation, any walls,
fences, paved driveways, paved parking or loading areas, sidewalks,
freestanding signs, light standards, rail spurs, etc.
(5)
The location, footprint, outside dimensions and purpose
of any graveled areas on the site (e.g., driveways, parking or loading
areas, circulation routes, pedestrian walkways, etc.).
(6)
The location, dimensions and name of any existing
highways, streets or other rights-of-way and any related improvements
(e.g., bridges, turning lanes, acceleration lanes, medians, median
cuts, traffic signals, etc.) on or adjacent to the site, and with
respect to any such adjacent highways and streets, the location and
dimensions of any existing entrances or exits to or from the site
and the location and dimensions of any existing intersecting highways,
streets, driveways, or curb cuts that are opposite the site. Also
show the spacing between center lines of existing and proposed driveways
adjacent to the side, including any driveways on the opposite side
of the street.
(7)
The location, dimensions and purpose of any existing
easements on the site or of any existing easements located on surrounding
parcels of land that serve the site.
(8)
The location, dimensions and legal description of
any wetlands on the site, the date the wetlands were staked and the
identity of the agency or organization (and the individual if known)
that staked the wetlands.
(9)
The location of any one-hundred-year floodplain on
the site, the elevation of the one-hundred-year floodplain, and the
source of the one-hundred-year floodplain elevation and date that
the surveyor field delineated the one-hundred-year floodplain.
(10)
The location, dimensions and legal description
of any primary environmental corridor on the site, the date the corridor
was staked and the identity of the agency or organization (and the
individual if known) that staked the corridor.
(11)
The location of the ordinary high-water mark
(OHWM) of any navigable body of water located on the site, the location
of any shoreland jurisdictional boundary located on the site which
is associated with any navigable body of water located on or near
the site, the date the OHWM of any such navigable body of water was
staked and the identity of the agency or organization (and the individual
if known) that staked the OHWM.
(12)
The location, species and diameter of all existing
trees on the site that are eight inches or more in diameter, measured
54 inches above the natural grade (the location and dimensions of
a wooded area may be shown rather than individual trees, but any trees
in such wooded area that are proposed to be removed shall be individually
shown).
(13)
The location, species and diameter of all existing
street trees in the street right-of-way adjacent to the site.
(14)
The location and setback distance of lines showing
the applicable minimum street setback, side setback, rear setback,
shore setback and wetland setback (if any) on the site, and with respect
to any building or structure that is within three feet of any such
setback line, the distance of such building or structure from such
line.
(15)
The distance between buildings.
(16)
The location, dimensions, type of legal interest,
legal description and purpose of any land or interests in land on
the site that are dedicated or reserved for public use.
(17)
The existing topography on the site and extending
at least 50 feet beyond the site (or beyond any adjacent highway,
street or other right-of-way, whichever is greater), shown by contours
related to United States Geological Survey (USGS) survey datum at
an interval of one foot.
(18)
Top of foundation elevations of all existing
building and structures on the site.
(19)
Spot elevations of representative high points
and low points, of wet areas, and of berms, detention basins, retention
basins and other significant site improvements or features.
(20)
The location and elevation of any benchmark.
(21)
An indication of which (if any) of the existing
buildings, structures, site improvements, trees or other site features
shown on the survey are proposed to be removed or retained as part
of the proposed project or activity giving rise to the need for site
and operational plan approval.
F.
Site plan.
(1)
Site plan requirements. A site plan prepared, signed
and sealed by a Wisconsin registered professional engineer shall be
filed with the application for site and operational plan approval
and shall include at least the following information:
(a)
The base document of the site plan shall be the survey described in Subsection E above, less the required topographic information and required information relating to existing buildings, structures, site improvements and site features shown on the survey that are proposed to be removed as part of the proposed project or activity giving rise to the need for site and operational plan review;
(b)
The type, location, footprint, outside dimensions,
height and gross floor area (if applicable) of each existing or proposed
building or structure to be retained or constructed on the site, including,
without limitation, any walls, fences, paved driveways, parking or
loading areas, sidewalks, freestanding signs, light standards, rail
spurs, etc.;
(c)
The location, dimensions and name of any existing
or proposed highways, streets or other rights-of-way and any related
existing or proposed improvements (e.g., bridges, turning lanes, acceleration
lanes, medians, median cuts, traffic signals, etc.) to be retained
or constructed on or adjacent to the site, and with respect to any
such adjacent streets or highways, the location and dimensions of
any existing or proposed entrances or exits to or from the site to
be retained or constructed and how they relate to the location and
dimensions of any existing or proposed intersecting highways, streets,
driveways, curb cuts, medians, and median cuts that are opposite the
site;
(d)
The location, dimensions and purpose of any
existing or proposed easements on the site, or of any existing or
proposed easements on surrounding parcels to serve the site, which
will be retained or created;
(e)
With respect to each existing or proposed building
or structure that will be located within three feet of any setback
line on the site, the distance such building or structure will be
from the setback line;
(f)
The location on the site of any archeological
or historical sites identified by the state; and any habitat of any
endangered species of animals or plants as identified by the federal
government and/or Wisconsin Department of Natural Resources and the
species involved and how such habitat will be preserved;
[Amended 7-20-2020 by Ord. No. 20-23]
(g)
The location and diameter of all existing or
proposed sanitary sewers, water mains, and storm sewers and the location
and size of any related existing or proposed facilities, such as stormwater
basins, which will be located on the site or which will be located
in adjacent rights-of-way or on adjacent parcels of land and will
serve the site, and the length of each segment of any such proposed
sewer mains, water mains or storm sewers;
(h)
The location of all existing or proposed aboveground
or underground electric power lines, natural gas mains, telephone
lines, cable television lines or other communications lines and related
facilities which will be located on the site or which will be located
in adjacent rights-of-way or on adjacent parcels of land and will
serve the site;
(i)
The location, dimensions, and surface type of
all existing or proposed on-site parking and loading areas and the
layout and total number of all parking spaces that will be located
on the site;
(j)
The location, dimensions, layout, surface type
and name (if applicable) of all existing or proposed internal vehicular
circulation routes and improvements to be retained, constructed or
installed on the site, including, without limitation, entrances or
exits, turning lanes, curb cuts, driveways, private roads, parking
lot aisles, fire lanes, and related directions of travel, and the
layout of circulation elements (e.g., curbs, islands, etc.) and circulation
markings;
(k)
The location, dimensions, layout and surface
type of all existing or proposed internal pedestrian circulation routes
and improvements to be retained, constructed or installed on the site,
including, without limitation, access points, sidewalks, marked walkways,
circulation elements, and bicycle paths;
(l)
The location, dimensions, layout and surface
type of all existing and proposed fire lanes to be retained or constructed
on the site;
(m)
The location, dimensions, type of legal interest,
legal description and purpose of any land or interests in land proposed
to be dedicated or reserved on the site for public use;
(n)
The existence, nature and areas of the site
affected by existing or proposed deed restrictions or restrictive
covenants that may constrain development;
(o)
Soil characteristics of the site; and
(p)
The location of all existing or proposed utility
connections, metering facilities, fire hydrants, pumper pads, Fire
& Rescue Department remote fire connections, functioning wells,
and related pumping facilities which will be located on the site or
which are or will be located in adjacent rights-of-way or on adjacent
parcels of land and which will serve the site.
(2)
Site plan design standards. In addition to any other
applicable requirements or standards specified in this chapter, the
following requirements or standards shall apply to the site plan:
(a)
Natural features of the site shall be incorporated
into the design of the development to the extent practicable. In addition,
any identified archeological and historical sites shall be preserved
in accordance with any state or federal requirements.
[Amended 7-20-2020 by Ord. No. 20-23]
(b)
Floodplains, shorelands and wetlands may be
developed or used only in accordance with applicable Village, state
and federal requirements.
(c)
Steep slopes in excess of 20% as measured over
a fifty-foot interval shall not be developed unless appropriate engineering
measures are proposed.
(d)
Buildings and structures shall be readily accessible
to police and fire/rescue emergency vehicles.
(e)
The location, size, proportion and orientation
of buildings and structures relative to the site and its surroundings
shall be functional and attractive.
(f)
The development of a site shall be designed
so as to retain substantial trees or other elements of the site's
natural beauty to the extent practicable.
[Amended 7-20-2020 by Ord. No. 20-23]
(g)
The facade of the building shall be parallel
to the adjacent public street (or, if the street is curved, parallel
to a line connecting the points of intersection of the side lot lines
with the street right-of-way line), unless the site is a minimum of
five acres in area and the building is set back a minimum of 100 feet
from all property lines, in which event the building can be appropriately
oriented relative to other surrounding features; or unless the site
is subject to physical or legal limitations which prevent the building
from being parallel to the public street, in which event care shall
be taken to create a sense of harmony between the building and its
surroundings; or unless the property is located at the corner of an
intersection, in which event the building may be oriented so that
when the plane of its facade is extended it intersects the right-of-way
line of each intersecting street the same distance from the corner
of the intersection of such right-of-way lines extended.
(h)
The site plan shall demonstrate compliance with Article VIII of this chapter relating to parking, access and traffic.
(i)
The number of parking spaces provided for in
this chapter are minimum requirements, and the developer/owner shall
ensure that adequate on-site parking and loading areas are or can
be provided for the proposed use(s) on the site operated at full potential
intensity.
(j)
Loading docks and exterior trash enclosures
shall be appropriately screened from view.
(k)
Internal vehicular circulation routes shall
be clearly separated from parking and pedestrian areas through the
use of landscaped islands, barrier curbs, lane striping and/or other
appropriate means so as to minimize potential conflicts with parking
and pedestrian areas.
(l)
Truck traffic shall be routed to service docking
or loading areas in such a way as to minimize potential conflicts
with parking or pedestrian areas and to avoid any obstruction of public
rights-of-way.
(m)
Unless otherwise exempted by the Chief of the
Village Fire & Rescue Department for good cause shown, all circulation
lanes adjoining or in close proximity to the perimeter of the building(s)
shall be designated fire lanes.
(n)
There shall be a minimum of a five-foot-wide
paved pedestrian walkway provided between every building entrance
or exit and parking areas and public sidewalks serving such building(s);
all such walkways shall be handicapped accessible.
(o)
Pedestrian walkways shall be located and designed
so that sheet drainage shall not be permitted to flow across the walkway.
(p)
Pedestrian walkways shall generally not have
a longitudinal slope exceeding 5% or a side slope exceeding 2%.
(q)
Public and private sanitary sewer, storm sewer,
and water facilities shall be constructed in accordance with Village
requirements, and electric, gas, cable television and telephone facilities
shall satisfy state and federal requirements and the requirements
of the respective utility company.
(r)
All new on-site electric, gas and communications
facilities serving the site shall be installed underground.
(s)
If buildings and/or parking facilities are proposed
to be constructed so as to be located under existing overhead utility
facilities, such facilities shall be relocated underground.
G.
Grading and drainage plan.
[Amended 5-18-2009 by Ord. No. 09-33; 7-20-2020 by Ord. No. 20-23]
(1)
Grading and drainage plan requirements. A grading and drainage plan prepared, signed and sealed by a Wisconsin registered professional engineer shall be filed with the application for site and operational approval pursuant to the requirements of Chapters 298, 370, 381 and 405 of the Village Code and the additional requirements listed below:
(a)
The base document of the grading and drainage plan shall be the site plan described in Subsection F above, less the required setback lines.
(b)
(Reserved)
(c)
(Reserved)
(d)
(Reserved)
(e)
The location, species, and size of all existing
trees on the site that are eight inches or more in diameter, measured
60 inches above the natural grade, and whether such trees are proposed
to be retained or removed.
(g)
(Reserved)
(h)
(Reserved)
(i)
(Reserved)
(j)
The locations and dimensions of snow removal
storage areas.
(2)
Grading and drainage plan design standards. In addition
to any other applicable requirements or standards specified in this
chapter, the following requirements or standards shall apply to the
grading and drainage plan:
H.
Construction plan.
(1)
Construction plan requirements. Construction plans
prepared, signed and sealed by a Wisconsin registered architect or
Wisconsin registered professional engineer, as appropriate, shall
be filed with the application for site and operational plan approval
and shall include at least the following information:
(b)
The construction plans shall be dimensioned,
labeled and drawn to an architectural scale of not less than 1/8 inch
equals one foot.
(c)
The construction plans shall include detailed
architectural plans, including, without limitation, elevations, perspective
drawings and sketches illustrating the design and character of the
proposed structures, floor plans with all rooms labeled and interior
egress plans. Although detailed HVAC, plumbing, electrical and structural
plans are not required for site and operational plan approval, all
systems that affect the design of the building and exterior elevations
shall be completed. Furthermore, detailed HVAC, plumbing, electrical,
structural are required to be submitted for building permits. Any
changes to the exterior building or site may require plans to be reconsidered
by the Plan Commission or Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-23]
(d)
The construction plans shall clearly show room
sizes, wall openings, building projections, and locations of all roof-mounted,
wall-mounted or exterior ground-mounted HVAC and utility service equipment
and connections (e.g., sewer sampling manhole, utility connections,
water meters, etc.) and indicate the materials (and percent of coverage
of such materials) and colors of all exterior surfaces (e.g., exterior
walls, roofs, window and door trim, etc.).
[Amended 7-20-2020 by Ord. No. 20-23]
(e)
The location and details of all existing and proposed remote touch pad units, key boxes, annunciator panels, pull stations, fire detection devices, fire alarm devices and other safety devices and systems, including fire suppression, sprinkler, standpipe, and restaurant hood suppression systems to be retained or installed, pursuant to the requirements of Chapter 180 of the Village Code.
[Amended 7-20-2020 by Ord. No. 20-23]
(f)
Detailed plans and specifications for any proposed
racking systems or storage arrangements.
[Amended 7-20-2020 by Ord. No. 20-23]
(g)
Whether or not domestic water and fire protection
will be serviced by the same waterline.
(h)
A chart that includes the following information:
[1]
Methods of fire prevention, including, without
limitation, accessibility for the Fire & Rescue Department and
its equipment.
[2]
Building height.
[3]
Number of stories/floors.
[4]
Mezzanines.
[5]
Clear space, the height of the finished floor
to the ceiling or the underside of the roof structure.
[6]
Elevator size(s).
[7]
Hazard class.
[8]
Commodity.
[9]
Maximum storage height and type of racking system.
[10]
Square footage of office space.
[11]
Square footage of receiving space.
[12]
Square footage of shipping space.
[13]
Square footage of warehousing space.
[14]
Square footage of manufacturing space.
[15]
Location and type of exterior storage.
[16]
Fire protection method(s) proposed.
(2)
Construction design standards. In addition to any
other applicable requirements or standards specified in this chapter,
the following requirements or standards shall apply to the construction
plans unless specifically modified by the Plan Commission, on a case-by-case
basis:
[Amended 10-15-2012 by Ord. No. 12-38]
(a)
All buildings and structures shall be constructed
of high quality materials using a high quality of craftsmanship.
(b)
All sides, elevations or facades of all buildings
or structures shall be architecturally and aesthetically pleasing,
and buildings shall not be designed to be unorthodox or abnormal as
to be unsightly or offensive, as determined by the Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-23]
(c)
All buildings shall provide for varying rooflines
and architectural features that provide dimension and pitch.
(d)
All roof-mounted mechanical or electrical equipment
shall be architecturally screened.
(e)
Any pedestal-mounted or ground-mounted mechanical
or electrical equipment shall be screened on all sides using materials
identical to or complementary to the materials used in the principal
building.
(f)
Colors used on buildings and structures shall
be architecturally and aesthetically pleasing, and garish, unsightly
or offensive colors shall not be used; provided, however, that signs
for a particular company or business may utilize well known colors
associated with that particular company or business.
(g)
Exterior walls of all principal or accessory
buildings shall be constructed of only the following materials:
[Amended 7-20-2020 by Ord. No. 20-23]
[1]
Facing materials shall consist of any of the
following materials; provided, however, that brick, decorative concrete
block or any stone facing materials shall not be painted or stained,
and further provided that the balance of the exterior walls shall
be covered with either approved facing materials or approved decorative
accent materials:
[a]
Standard, queen, jumbo or utility
bricks with a minimum thickness of two inches, covering a minimum
of 70% (by area) of each exterior elevation.
[b]
Decorative concrete block, covering
a minimum of 70% (by area) of each exterior elevation.
[c]
Lannon stone or other stone, covering
a minimum of 70% (by area) of each exterior elevation.
[d]
Architectural precast concrete
on manufacturing or warehouse buildings in a manufacturing or agricultural
zoning district, or on park and recreational buildings over 50,000
square feet in a park and recreational zoning district, covering a
minimum of 70% (by area) of each exterior elevation.
[e]
Spandrel glass on office buildings
in the B-5 or B-6 Zoning District, covering a minimum of 70% (by area)
of each exterior elevation.
[f]
Other architectural quality materials as approved
by the Plan Commission.
(h)
Decorative accents (e.g., lintels, wall accent
bands, cornice or base elements, parapet walls or other architectural
features) may use only the following materials; provided, however,
that parapet walls shall be constructed of materials that match the
building exterior and that brick, decorative concrete block or stone
decorative accents shall not be painted or stained:
[1]
Standard, queen, jumbo or utility bricks with
a minimum thickness of two inches, covering a maximum of 30% (by area)
of each exterior elevation.
[2]
Decorative concrete block, covering a maximum
of 30% (by area) of each exterior elevation.
[3]
Lannon stone or other stone, covering a maximum
of 30% (by area) of each exterior elevation.
[4]
Architectural precast concrete, covering a maximum
of 30% (by area) of each exterior elevation.
[5]
Spandrel glass, covering a maximum of 30% (by
area) of each exterior elevation.
[6]
Stucco or exterior insulation finish systems
(EIFS), covering a maximum of 30% (by area) on or above the second
story of each exterior elevation.
[7]
Other architectural quality materials as approved by the Plan
Commission, covering no more than 30% (by area) of each exterior elevation.
[Added 7-20-2020 by Ord. No. 20-23]
(i)
Roofing materials that are visible to the public
shall be constructed of the following materials; provided, however,
that all roof material colors shall be complementary to the exterior
wall materials and that asphalt, slate, metal or copper roofs shall
not be painted or stained (except that factory finishes on metal roofs
shall be acceptable):
[1]
Asphalt architectural grade shingles with high
texture.
[2]
Slate.
[3]
Cedar shakes.
[4]
Standing seam metal roofing on buildings in
the institutional or any park and recreational zoning district or
as architectural features, as approved by the Zoning Administrator,
in any other zoning district.
[Amended 7-20-2020 by Ord. No. 20-23]
[5]
Copper or anodized aluminum on architectural
features in all zoning districts.
(j)
Window and door frames shall comply with the
following requirements:
(k)
Garbage/recycling dumpster/compactor enclosures
for storage of solid wastes and recyclables shall comply with the
following requirements:
[Amended 7-20-2020 by Ord. No. 20-23]
[1]
All dumpsters, compactors and other trash receptacles
shall be stored in an enclosed structure and screened from view from
all public rights-of-way, private streets and adjacent residential
uses.
[2]
Enclosures shall be large enough to include
all solid waste related to the uses in the principal building(s) located
on the site.
[3]
Enclosures shall be located on a paved surface.
[4]
Enclosures are not required to be under a roof;
however, if an enclosure will be used for the storage of equipment
or other materials, the enclosure shall include a roof.
[5]
Enclosures shall be constructed of the same
materials as the principal building or of other materials approved
by the Zoning Administrator.
[6]
The opening to an enclosure for garbage truck
collection shall be gated. The gate shall be attached to a heavy-duty
metal frame. The gate material shall be either a nine-gauge chain-link
fence, with a top and bottom bar that has slats that are complementary
to the building color or composite deck material in a color complementary
to the building or other durable material as approved by the Zoning
Administrator that is complementary to the building color.
[7]
The gated opening to garbage enclosures shall
remain closed and secured when not in use.
[8]
Enclosures shall be maintained, clean and neat and cleaned out
routinely to avoid storage outside said enclosures. All garbage/recycling
shall be stored within the dumpster enclosure. Doors to the enclosure
shall remain in working order and shall remain closed at all times
except during removal of garbage or recycling.
(l)
Details/specifications shall be provided for any retaining walls
within the development.
[Added 7-20-2020 by Ord. No. 20-23]
I.
Lighting plan.
(1)
Lighting plan requirements. An exterior lighting plan
shall be filed with the application for site and operational plan
approval and shall include at least the following information:
(a)
The base plan for the lighting plan shall be the site plan described in Subsection F above.
[Amended 7-20-2020 by Ord. No. 20-23]
(b)
The location of all existing and proposed outdoor
lighting fixtures to be retained or installed on the site, together
with catalog cuts or specifications for all such existing and proposed
exterior lighting fixtures, including, without limitation, the type
and intensity.
(c)
Photometric plan of the illuminating effect
on the site and on adjacent real property and adjacent public rights-of-way
of all existing and proposed exterior lighting fixtures to be retained
or installed on the site.
(d)
Site lighting shall provide a uniform lighting experience that
provides safety by illuminating walking paths, parking and loading
areas, architectural building lighting and any potential obstacles
to traffic.
[Added 7-20-2020 by Ord. No. 20-23]
(2)
Lighting plan standards. In addition to any other
applicable requirements or standards specified in this chapter, the
following requirements or standards shall apply to the lighting plan:
(a)
Light fixtures shall be selected with care to
ensure that they are styled and appropriately scaled to ensure that
they are functionally and aesthetically compatible with the character
of their surroundings.
(b)
Luminaries shall be LED fixtures located, aimed
and shielded so as to minimize glare with a 5,000K temperature rating,
unless abutting a residential use; in which case, the temperature
rating may be required to be reduced by the Village Building Inspection
Superintendent.
[Amended 7-20-2020 by Ord. No. 20-23]
(c)
The maximum allowable light spillover to an
adjacent residential property shall be 0.0 footcandle measured at
the property line, four feet above grade; for all other adjacent uses,
the maximum allowable light spillover shall be 0.75 average footcandle,
measured in the same manner.
[Amended 7-20-2020 by Ord. No. 20-23]
(d)
Lighting levels shall be measured in footcandles
with a direct-reading, portable light meter, as follows:
[1]
The meter sensor shall be mounted not more than
four feet above the ground line in a horizontal position.
[2]
Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading.
[3]
Measurements shall be made after dark, first
with the light sources in question on, then with the same sources
off.
[4]
The difference between the two readings shall
be compared to the maximum permitted illumination.
(e)
All lighting wires/cables shall be placed underground.
(f)
Accent lighting should be used to highlight
architectural and landscape design elements when appropriate.
(h)
Pedestrian walkways and parking areas shall
be illuminated to a sufficient level so as to provide for reasonable
security.
(i)
Lights in a parking lot shall be placed within
grass/landscaped areas behind the curb. The lights shall be placed
on concrete bases that do not exceed 18 inches above grade. The total
height (base, light post and head) shall not exceed 30 feet in height
above grade in manufacturing districts and not greater than 25 feet
above grade in all other districts. The concrete base of the lights
in loading dock and trailer parking within manufacturing districts
to a height that does not exceed 36 inches; however, the total height
of the base, light post and head shall not exceed 30 feet in height.
[Amended 7-20-2020 by Ord. No. 20-23]
(j)
Pedestrian lights shall be placed within grass/landscaped
areas behind the curb. The lights may be placed on concrete bases
that do not exceed six inches above grade, and the total height (base,
light post and head) shall not exceed 20 feet in height. The height
of the concrete base may be increased on a case-by-case basis upon
review by the Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-23]
(k)
Lights for ball fields and other outdoor recreational
uses in a park and recreational zoning district shall not exceed 100
feet in height.
J.
Landscape and open space plan.
(1)
Landscape and open space plan requirements. A landscape
and open space plan shall be filed with the application for site and
operational plan approval and shall include at least the following
information:
(a)
The base document for the landscape and open space plan shall be the grading and drainage plan described in Subsection G above.
(b)
The specific location of all existing and proposed
landscaping (e.g., trees, shrubs, flowers, ground cover, mowed grass,
natural cover and nonliving ground cover, etc.) to be retained or
installed on the site; any existing landscaping to be removed shall
be clearly identified.
[Amended 7-20-2020 by Ord. No. 20-23]
(c)
The plans shall clearly show what specific plants
are proposed at specific locations. In addition, the plants on the
plans shall be drawn to scale in relation to mature spread.
[Amended 7-20-2020 by Ord. No. 20-23]
(d)
A chart shall be provided on the plans that
shows the following:
[1]
Scientific and common names of all existing
and proposed plants.
[2]
Proposed quantity of plants or materials.
[3]
Installation size and height.
[4]
Intended maintained size and/or mature size
(height and spread).
[5]
Square footage of parking lot area.
[6]
Square footage of interior parking lot landscaped
area and the percentage of total parking lot area represented by such
landscaped area.
[7]
Square footage of open space on the site.
(e)
Description of how plantings and buffer areas
will be maintained, including location of any required irrigation
systems.
[Amended 7-20-2020 by Ord. No. 20-23]
(f)
All existing and proposed public or private
street trees to be retained or planted in the street rights-of-way
adjacent to the site.
[Amended 7-20-2020 by Ord. No. 20-23]
(2)
Landscape and open space design standards. In addition
to all other applicable landscape and open space requirements or standards
specified in this chapter, the following requirements and standards
shall apply:
(a)
All areas of the site that are not impervious,
exclusive of landscape elements or landscaped planting beds, or wetlands
or other areas approved for natural growth because of environmental
concerns, shall be seeded or sodded and maintained in a manicured
condition.
(b)
Aesthetically pleasing foundation landscaping
shall be installed around those portions of the pervious perimeter
of principal buildings used for business or institutional uses which
are visible from public rights-of-way or residential districts.
(c)
Loading docks and garbage enclosures which are
visible from public rights-of-way or residential districts shall be
screened by aesthetically pleasing landscaping.
(d)
Parking lots associated with manufacturing,
business or institutional uses shall be screened from public rights-of-way
and/or residential zoning districts located within 50 feet of such
parking lots; such screening shall be installed in close proximity
to the parking lot and shall be seventy-percent opaque to a height
of at least three feet above the grade of the nearest edge of such
parking lot within three years of installation and may consist of
shrubs and trees, an appropriately landscaped undulating berm or a
cedar board (or other comparable approved) fence, with the finished
side facing out and with sufficient landscaping installed in front
to break the stark line of the fence, or a decorative masonry block,
brick or stone wall with sufficient landscaping installed in front
to break the stark line of the wall; provided, however, that screening
from a public right-of-way for a parking lot used as a motor vehicle
sales area may be reduced to two feet above the grade of the nearest
edge of such parking lot.
[Amended 7-20-2020 by Ord. No. 20-23]
(e)
Parking lots and internal circulation routes
associated with business uses involving substantial volumes of drive-through
traffic (e.g., fast-food restaurants, gasoline stations, drive-in
financial institutions, etc.) shall be screened from residential districts
adjacent to the site of such use; such screening may be installed
either in close proximity to the parking lot or circulation route
or at the perimeter of the site; such screening shall be seventy-percent
opaque to a height of six feet above the grade of the nearest edge
of such parking lot or circulation route within three years after
installation and may consist of shrubs and trees, an appropriately
landscaped undulating berm, or a cedar board (or other comparable
approved) fence with the finished side facing out and with sufficient
landscaping installed in front (if practicable or, if not, behind)
to break the stark line of the fence, or a decorative masonry block
wall with sufficient landscaping installed in front (if practicable
or, if not, behind) to break the stark line of the wall.
(f)
Manufacturing, business and institutional uses
shall install sufficient scattered landscaping on the site to break
the lines of buildings and unscreened parking lots and to make the
site aesthetically pleasing.
(g)
Adverse effects of manufacturing, business and
institutional uses and related operations on the site upon adjoining
owners or uses shall be minimized by appropriate screening, fencing,
or landscaping.
(h)
Detailed description of a landscape maintenance
program that will ensure that approved landscaping is maintained and
replaced as needed shall be provided.
(i)
All required landscaping or screening shall
be installed prior to occupancy, and written verification and/or certification,
on letterhead, shall be provided to the Village by the landscape designer
that the landscaping has been installed in accordance with the approved
landscape plan prior to the issuance of a certificate of occupancy.
If weather conditions prevent installation of all or portions of the
landscape materials, the developer, owner or occupant shall enter
into a written agreement with the Village that specifies the date
by which all approved landscaping shall be completed and grants the
Village a temporary easement to complete the landscaping if not timely
completed and shall deposit with the Village Clerk a cash deposit,
an irrevocable letter of credit, or other financial assurance approved
by the Zoning Administrator to ensure timely completion of all required
landscaping; the amount of the financial assurance shall be equal
to 110% of the contracted amount to complete the landscaping improvements
in order to reasonably compensate the Village for the cost of completion
of any landscaping improvements not completed within the specified
time.
[Amended 7-20-2020 by Ord. No. 20-23]
(j)
One street tree per every 50 feet of public or private street frontage shall be planted when such trees are not already present in accordance with the requirements of Chapter 405 of this Code. Any existing street trees shall be pruned, remulched, staked as needed, and any dead or diseased trees shall be replanted. Identify these requirements on the plans and note trees required to be replanted.
[Amended 7-20-2020 by Ord. No. 20-23]
(k)
An irrigation system shall be required for new
principal buildings for landscaping around the foundation and for
landscaping to screen any parking lot.
(l)
Each parking lot island or peninsula shall have
at least one deciduous tree two inches in diameter at a height of
54 inches above the grade installed (and an additional deciduous tree
for every 18 feet of island or peninsula length over 10 feet), together
with a variety of appropriate shrubs and ground cover. Grass turf
is required in all large landscape islands.
[Amended 7-20-2020 by Ord. No. 20-23]
(m)
In addition to the requirements in Article VIII in this chapter related to traffic, parking and access, parking lots shall be screened from public rights-of-way and/or adjacent to residential zoning districts. The screening shall be installed in close proximity to the parking lot and shall be 70% opaque to a height of at least four feet above the grade of the nearest edge of such parking lot within three years of installation, and may consist of shrubs and trees, an appropriately landscaped undulating berm or a fence, decorative masonry block, brick or stone wall with sufficient landscaping installed in front to break the stark line of the wall.
[Added 7-20-2020 by Ord. No. 20-23]
(n)
Minimum planting sizes of primary plant materials:
[Added 7-20-2020 by Ord. No. 20-23]
(o)
Minimum planting sizes of accent materials, such as prairie
grasses and perennials, shall be a minimum of one gallon at planting
in locations as approved by the Plan Commission or Zoning Administrator.
[Added 7-20-2020 by Ord. No. 20-23]
(p)
Landscape plans shall have year-round plantings of a seasonal
variety.
[Added 7-20-2020 by Ord. No. 20-23]
K.
Signage plan. With respect to all proposed signs, and all proposed modifications of existing signs, the applicant shall file with the application for site and operation plan approval a signage plan that satisfies the sign permit application requirements of Article X of this chapter, unless review of the signage plan is deferred pursuant to § 420-55G above. With respect to all existing signs, the applicant shall file with the application for site and operational plan approval photographs of all such existing signs pursuant to Subsection A(9) above and shall specify in the written statement accompanying each such photograph of a sign the dimensions of such sign. (Article X of this chapter specifies how certain types of signs are to be measured.)
L.
Industrial/commercial waste survey. The applicant
shall complete and file with each application for site and operational
plan approval an industrial/commercial waste survey form prepared
by the Kenosha Water Utility and obtained from the Village Department
of Community Development.
[Amended 7-20-2020 by Ord. No. 20-23]
M.
Performance standards compliance plan. The applicant shall prepare and file with each application for site and operational plan approval a narrative statement explaining in detail how the applicant will comply with each performance standard set out in § 420-38 of this chapter which is of concern in light of the use(s) and operations to be conducted on the site.
[Amended 7-20-2020 by Ord. No. 20-23]
N.
Security system. A digital security imaging system pursuant to the information set forth and specified in Chapter 410 of the Village Code, related to the digital security imaging system and easement requirements, shall be required to be submitted and approved.
[Added 7-20-2020 by Ord. No. 20-23]
O.
City of
Kenosha Airport Overlay approval. Any properties within the Village
that are located within three miles of the Kenosha Regional Airport
boundaries shall comply with the City of Kenosha's Airport Overlay
District regulations. Written approval from the City of Kenosha shall
be submitted to the Village prior to the issuance of any building
permits.
[Added 7-20-2020 by Ord. No. 20-23]
P.
Additional requirements. The applicant shall file
with the application for site and operational plan approval, or supplement
such application with, any other or additional information or materials
that may reasonably be required by the Zoning Administrator or the
Plan Commission based upon the particular facts and circumstances
of the application and the proposed use(s) and operation(s) to be
conducted on the site. Without limitation, and by way of illustration
only, such additional requirements may include the following:
[Amended 7-20-2020 by Ord. No. 20-23]
(1)
If poor quality soils are present, a geotechnical
engineering report from a qualified engineering firm may be required
by the Village to ensure that the proposed development or certain
aspects thereof can be successfully built as proposed.
(2)
If maintenance of private drainage improvements is
a concern to the Village, the developer will be required to obtain
off-site drainage easements to ensure compliance with the grading
and drainage plan requirements.
(3)
If the capacity of adjacent streets or highways is
in question by the Village, Kenosha County or State of Wisconsin Department
of Transportation, then a traffic impact study will be required and
the developer is obligated to design and construct required roadway
improvements pursuant to the traffic impact study.
(4)
If environmental impacts are in question, an environmental
impact study may be required by the Village.
(5)
If historic sites are threatened, a historic site
impact study may be required.
