[HISTORY: Adopted by the Town Board of the
Town of Hudson as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-26-1992; amended in its entirety 11-9-2006[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Town Park Escrow Account, adopted 3-3-1992, and renumbered
former Art. II as Art. I.
The requirements of this article are established
to ensure that adequate parks and open spaces are properly located
and preserved as the town population grows. It also has been established
to ensure that the cost of providing the park and recreation sites
and facilities necessary to serve the additional people brought into
the community by land development may be equitably apportioned on
the basis of the additional needs created by the development. The
requirements shall apply to land proposed for all development.
A.
The Town Board may require that no more than 10% of
the total area of a subdivision be set aside or dedicated to the town
for parks, playgrounds, public access points, trails, open space or
other such areas upon a finding that duly adopted regional, county,
or local plans, the Town of Hudson Comprehensive Plan or official
maps call for the provision of such areas. The Town Board may determine
whether such areas are to be shown as lots, outlots or dedication
areas and may designate the site, configuration or shape of such areas
within the subdivision.
B.
Any land to be dedicated or set aside under this article
shall be approved by the Town Board, reasonably adaptable for active
park and recreation purposes, and shall be at a location convenient
to the people to be served. Factors used in evaluating the adequacy
of proposed park and recreation areas shall include, but not be limited
to, size and shape, topography, geology, plant cover, access and location.
C.
When parkland is dedicated or set aside, the developer
is required to bring the land up to the following standards: top soil
with a minimum of four inches of quality topsoil, seeded, fertilized
and mulched as recommended by the Town Parks Committee or Plan Commission
and approved by the Town Board. The topsoil furnished for the park
site shall consist of the natural loam, sandy loam, silt loam, silty
clay loam or clay loam humus-bearing soils adapted to the sustenance
of plant life, and such topsoil shall be neither excessively acid
nor excessively alkaline. Fine grading and seeding must occur within
one year following issuance of the first building permit within that
subdivision unless otherwise authorized by the Town Board.
[Amended 3-2-2010]
Private parks within the Town of Hudson must
be satisfactorily and permanently developed and maintained by the
owner (owners). Equipment and facilities must be properly maintained
to avoid accidents and injuries. Grounds shall be properly cared for
to assure the usability of the park. The owner (owners) shall pay
for all expenses to meet these requirements.
As used in this article, the following terms
shall have the meanings indicated:
A parcel of land occupied or designed to provide space necessary for one main building and its accessory buildings or uses, including the open spaces required by Chapter 105 and this chapter, and abutting on a public street or other officially approved means of access. A lot may be a parcel designed in a plat or described in a conveyance recorded in the office of the Register of Deeds, or any part of a large parcel when such part complies with the requirements of Chapter 105 and this chapter as to width and area for the district in which it is located. No land included in any street, highway, access easement or railroad right-of-way shall be included in computing lot area.
[Amended 12-7-2021 by Ord. No. 2021-3]
A remnant parcel of land not to be used for building purposes,
so designated on a plat.
A park, outlot or open space designated for recreational
use under the ownership of the lot owners of a subdivision or parties
other than the Town of Hudson or other governmental entities.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, certified
survey or replat.
A division of a lot, parcel or tract of land by the owner
or the owner's agent for the purpose of transfer of ownership
or building development where the act of division creates or results
in one or more parcels or building sites of less than 35 acres in
area. A subdivision can be created by the following means:
[Amended 12-7-2021 by Ord. No. 2021-3]
Recording a plat or certified survey map.
Recording any other document or instrument that creates a parcel
not previously created pursuant to this ordinance or its predecessor.
Foreclosure of a mortgage or a land contract if the foreclosure
creates and/or conveys a parcel not previously created pursuant to
this chapter or its predecessor. This subsection is not to be construed
as endorsing a policy encouraging rezoning or subdividing of a parcel
as a prerequisite to obtaining a mortgage when inconsistent or incompatible
with surrounding zoning or uses.
