Village of Osceola, WI Article X Site Plan Review

[Added 1-10-2006 by Ord. No. 06-01; amended 2-11-2014 by Ord. No. 14-01]

§ 219-88 Purpose.

It is the intent of this article to serve the public interest by promoting a high standard of development within the Village. Through a comprehensive review of both functional and aesthetic aspects of new development or redevelopment, the Village seeks to accomplish the following:

A. Ensure the application of quality design principles within new and redevelopment projects.

B. Ensure the active participation and review of site plans by the affected public.

C. Maintain and improve the Village's tax base.

D. Mitigate, to the extent feasible, adverse impacts of one land use upon another.

E. Promote the orderly and safe flow of vehicular and pedestrian traffic.

F. Preserve and enhance the natural and built environment.

§ 219-89 Approval required.

Prior to obtaining site plan and building approval, it is unlawful to do any of the following:

A. Construct a structure.

B. Move a structure to any lot within the Village.

C. Expand or change the use of a structure or parcel of land or modify an accessory structure, or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking, an area variance or a use variance.

§ 219-90 Exceptions.

Notwithstanding the provisions of the previous section, the following shall not require site or building plan approval:

A. Construction or alteration of a single- or two-family residential structure or accessory structure on a lot zoned for residential use which has been created under the Village's Subdivision Ordinance.[1]

[1] Editor's Note: See Ch. 218, Subdivision of Land.

B. Situations not requiring the acquisition of a variance and meeting the following criteria:

(1) Enlargement of a structure by less than 10% of its gross floor area; or

(2) In the case of more than one structure on a lot or parcel, the enlargement of one or more structures is less than 10% of the gross floor area of all the structures combined;

(3) However, these exemptions shall not apply if the enlargement of the structure or structures increases the rate or volume of stormwater runoff, or both, to an extent that cannot be accommodated by existing facilities onsite. It shall be the responsibility of the applicant to provide the Village with a stormwater analysis documenting compliance with this exemption.

C. Changes in the leasable space of a multitenant structure where the change does not intensify the use or require additional parking beyond the capacity of the site.

§ 219-91 Consideration for approval.

In the review of site plans, the Plan Commission and Village Board shall analyze such of the following criteria as may be relevant to the proposed development for the purposes of ascertaining its compliance with all applicable Village ordinances, the Village's Official Map and Comprehensive Plan, the health, welfare, and safety of residents of the Village, as well as with respect to its compatibility with and impacts upon existing land uses surrounding the development property and in the same general neighborhood and zoning district.

A. Traffic access: All proposed traffic access ways shall conform to Village Code § 186-12B, regarding street access, and § 219-9G, regarding obstructions within the vision clearance.

B. Circulation and parking: Off-street parking and loading spaces shall be provided that are consistent with the applicable zoning district parking requirements and parking lot design criteria contained in other chapters and sections of the Village Code.

C. Landscaping and screening: All playground, parking, loading areas, service areas and rooftop mechanical equipment are properly and reasonably screened at all seasons of the year from the view of adjacent lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood.

D. Illumination: The lighting from the installation of outdoor flood or spotlighting and illuminated signs is of an intensity which is reasonable for the purpose served and will be appropriately shielded from adversely impacting the use and enjoyment of adjoining properties.

E. Signage: The signage on the property is in compliance with Village ordinances and State Administrative Rules, is placed in a manner that preserves the visual site lines to adjoining properties, and is in keeping with the general character and appearance of neighboring properties.

F. Site preservation: The site is to be preserved in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas.

G. Relationship to adjacent and neighboring properties: The site plan will provide special attention to the following:

(1) The orderly layout of structures and uses on the site to create a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the site.

(2) The amount and location of open space and landscaping.

(3) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking.

H. Architectural standards: It is not the intent of the Village to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the Village to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods.

I. Protection of adjacent and neighboring properties: Reasonable provisions have been made for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses.

J. Adequacy of utilities: The utilities to serve the site are adequate in size to serve the proposed future use of the property and located for a proper connection to the Village sewer and water utilities.

§ 219-92 Plan requirements.

Generally, the Plan Commission's review of development plans is a multistep process. Reviews include concept design, preliminary plan review and the final development plan review. Additional reviews of either step may be required if the presentation of information is insufficient or other concerns are identified which would warrant an amendment to the information and its resubmittal. Preliminary plan review is required by the Plan Commission; final plan review is required by the Plan Commission and Village Board.

A. Applications/submittals and fees must be submitted at least 10 days prior to the meeting. The Village Board typically meets the second Tuesday of each month, and the Plan Commission meets the first Tuesday of each month. All meetings are subject to change, and it is the responsibility of the applicant to verify meeting dates. The application form shall be accompanied with three twenty-four-inch-by-thirty-six-inch copies of the plans, 10 eleven-inch-by-seventeen-inch copies and one electronic version of the plans and any required fee(s).

B. Concept design.

(1) Before submitting a preliminary project for the approval process, each developer is required to meet with the Village staff to review a concept design of the proposed project. Said design shall contain such information as: site location, showing adjacent streets and subdivisions; boundaries of proposed project; proposed street layout; approximate topographic features; proposed lot layout; and existing and proposed building locations, easements, and utilities sufficient for staff to evaluate on a preliminary basis compliance with relevant codes and ordinances.

(2) No fee shall be charged for the concept design review. The purpose shall be to provide a general overview of the compliance of the proposed project with existing rules and regulations.

C. Preliminary project plan review, Plan Commission (required information).

(1) Site plan to scale showing the following:

(a) General location map. Identify developments and/or property owners of adjacent lots.

(b) Parcel dimensions and total square feet/acres.

(c) Building locations with dimensions, existing and proposed.

(d) Adjacent street right-of-way and curb locations.

(e) Street accesses, existing and proposed.

(f) Off-street parking locations, existing and proposed.

(g) Site conditions, including but not limited to existing vegetation, topography, surrounding land uses, and existing and proposed easements.

(h) Preliminary grading plans including a stormwater plan, which includes pre-development and post-development stormwater calculations for two-year, ten-year and one-hundred-year storm events and plans to accommodate the stormwater runoff per all applicable federal, state and Village codes, and which demonstrate that post-development stormwater runoff rates do not exceed pre-development stormwater runoff rates for two-year, ten-year and one-hundred-year storm events.

[Amended 2-11-2014 by Ord. No. 14-01]

(i) Existing utility locations (water, sanitary and storm sewer, natural gas and electric, cable TV, fire hydrants) and easements. Main sizes for water, sanitary sewer, and storm sewers shown.

(j) Proposed water, sanitary sewer, and storm sewer main locations and fire hydrant locations.

(2) Building plans.

(a) Conceptual building elevations are desirable or photographs of similar buildings.

(b) Detailed building plans are not required.

(c) Developer should be able to answer general questions concerning proposed building height, area, materials and use.

D. Final project plan review, Plan Commission and Village Board (required information).

(1) Site plan.

(a) Same as preliminary project plan review including necessary modifications.

(b) Additional information required by Plan Commission as result of preliminary plan review.

(c) Curb cuts, driveways, access roads, parking spaces, off-street loading area and sidewalks, show radii for access to streets.

(d) Access for fire and other emergency vehicles.

(e) Landscaping plan showing existing vegetation and caliper or height of any species of trees and shrubs to be added.

(f) Location and photometric plan for all exterior lighting.

(g) Location of signs.

(h) Finished grading, drainage plans, minimum two-foot contours including invert elevations of appropriate utility information.

(i) Erosion control plan.

(j) Utility plan including sanitary sewer, storm sewer, water, fire hydrants, natural gas and electricity, cable TV in nearby street and utility easements into site including invert elevations of appropriate utility information.

Note: Plans shall include language that utilities will be constructed per current Village specifications. Site requiring the extension of any Village utility shall be designed and certified by a registered engineer. A copy of the site plan is to be submitted in an electronic format.

(2) Building plans.

(a) Detailed elevations.

(b) Floor plans.

(c) Construction, utility details (as submitted for state approval).

(d) Any additional information requested by the Plan Commission and Village Board.

(e) Plans to be certified by a registered architect.

(3) Fees are required for the following:

(a) Village Engineer site plan review.

[1] Payment of review expenses required. Where in the sound discretion of the Village it is deemed to be necessary or advisable to retain the services of an engineer, architect, or other professional so as to ensure that the project will conform with local, county, and state codes, ordinances, rules and statutes, the cost of those services shall be assessed against the applicant. The Village may require that a deposit in cash be made against the projected expenses and reserves the right to deny the granting of any required permits or licenses until such time as when the expense in question has been fully paid.

[2] Other permits and fees, if applicable.

[a] Erosion control permit (§ A222-1).

[b] Erosion control fee (§ 219-64).

[c] Building permit (§ 92-5); fee schedule based on estimated cost.

[d] Sewer hookup fee (§ A222-1).

[e] Water hookup fee (§ A222-1).

[f] Water and sewer impact fee (§ 134-10).

[g] Public building impact fee (§ 134-12).

[h] Parks impact fee (§ 134-11).

[i] Sign permit (§ 219-21).

[j] Fence permit (§ 219-47).

[k] Street opening permit (§ 186-3A).

[l] Street opening deposit (§ 186-3C).

[m] Conditional use permit.

[n] Variance request.

[o] Rezoning request.

[3] Fees to be collected before site preparation work occurs include erosion control permit and fee.

[4] Fees collected with the building permit include building inspection, sewer and water hookup fees, impact fees as applicable if not collected with plat approval and a developer's agreement.

[5] Building permits issued only after receipt of Wisconsin State approval of plans.

[6] Sign and fence permits required for compliance review prior to erection of sign or fence.

[7] Street opening permit and deposit is to be paid before any work is performed within a public right-of-way.

[8] Fees for the review of conditional use permit, rezoning, or variance applications are to be paid at the time the application is submitted.

This checklist is being provided as a summary of the requirements for project plan review and is not intended as a substitute for any code requirements.

E. Developers should also be aware of existing requirements including but not limited to:

(1) Projects in a floodplain: Municipal Code Chapter 216.

(2) Projects in a designated wetland: Municipal Code Chapter 216.

(3) Projects within the boundaries of the National Scenic Riverway: Municipal Code Chapter 217, § NR 118, Wis. Adm. Code.

(4) Subdivision projects: Municipal Code Chapter 218.

(5) Zoning: Municipal Code Chapter 219.

F. Other reviews:

(1) Polk County Highway Department for projects adjacent to a county road.

(2) State of Wisconsin Department of Transportation for projects adjacent to a state highway.

(3) Osceola Airport Commission for projects within village limits regarding height limitation zoning and property adjacent to airport property.

(4) Any other applicable agency but not limited to Historic Preservation Commission, DNR - St Croix River District.

Applications/submittals will not be scheduled for Plan Commission and/or Village Board meetings until all required information has been submitted.

G. Other issues (after Board approval):

(1) The Standard Specifications and Detail Plates book and CD for construction standards is available from the Public Works Department.

§ 219-93 Extension of term for good cause shown.

All construction work shall be performed and full compliance with all conditions of approval for a site plan shall be fulfilled within two years of the date of said approval, without exception. Failure to abide by this requirement shall result in the approval being deemed null and void without notice from the Village. The Plan Commission reserves the right, without a public hearing, to extend the time period for compliance for good cause shown by the permit holder.

§ 219-94 Public hearing; decision.

Upon receipt of a completed application, a date shall be set for review of the site plan before the Plan Commission. The review will be held no less than 10 days after mailed notice is sent to the owner of properties located wholly or partially within 200 feet of the site, as reflected in the last property tax bills. The Village Administrator may require an expanded mailing list for sites where the development would be visible over a larger area. Following the hearing, or any continuance thereof, the Plan Commission shall make a recommendation. The site plan shall be forwarded to the Village Board with the Plan Commission's recommendation for review on the next available agenda. Final approval of the site plan requires a simple majority vote of the Village Board.

§ 219-95 Multiple applications.

The Plan Commission, concurrently with the conditional use permit or rezoning application, shall consider any site and building plan application which is accompanied by a request for a conditional use permit or for a rezoning amendment pursuant to this division.

§ 219-96 Approval.

Approval of a site plan shall be issued in writing on behalf of the Village Board, upon recommendation of the Plan Commission. Said approval shall be based upon compliance of the plan with all statutes, administrative rules and Village ordinances in effect at the time of submittal, as well as upon consideration of the compatibility of the same with and impacts upon existing land uses on properties surrounding the development property, in its neighborhood and in the same zoning district, as well as consideration of the health, welfare and safety needs of the residents of the Village. The Village Board reserves the right to condition its approval of any site plan upon any of the above-cited criteria.

§ 219-97 Specific project.

Site and building plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in compliance with the plans and specifications approved by the Plan Commission and Village Board. A final permit shall not be issued until all site plan elements have been completed according to the approved site plan, or until financial guarantees have been provided to the Village pursuant to § 219-100 of this article.

§ 219-98 Maintenance of site.

It shall be the obligation of the owner to maintain the site in a manner consistent with the approved site and building plan. Unapproved alterations are in violation of this division.

§ 219-99 Site plan permit.

The terms and conditions of approval of the site plan shall be embodied in a permit signed by the property owner and the Village.

§ 219-100 Financial guarantee.

If the site plan elements are not completed according to the approved site plan at the time the applicant requests a certificate of occupancy, certificate of completion or other final permit, the applicant shall provide a letter of credit or escrow deposit to insure that all items shown in the approved site plan shall be completed within nine months thereafter. Financial guarantees shall be equal to the sum of 110% of the total cost of the uncompleted items on the approved site plan, including materials and labor. The Village is entitled to reimburse itself out of said funds for any cost and expense incurred by the Village for completion of the work in case of default or in the event the site plan elements are not completed within nine months of issuing the certificate of occupancy, certificate of completion or other final permit. The letter of credit or escrow amount may be reduced periodically by the amount of completed site improvements as determined in writing by the Village Administrator.