The intent of this article is to encourage and
promote improved environmental design in the development of land by
allowing greater freedom and flexibility than is possible under the
precise and rigid requirements of conventional zoning districts, through
the use of objective standards establishing goals and criteria for
judgment rather than the application of fixed formulas. To this intent
it allows diversification in the uses permitted and variation in the
relationship of uses, structures, open spaces and heights of structures
in developments conceived and implemented as comprehensive and cohesive
unified projects, while still requiring substantial compliance to
the general plan for community development. It is further intended
to encourage more imaginative site planning, to assist in achieving
more rational and economic development with relationship to public
services, to permit optimum development of land and to encourage and
facilitate the conservation of open land and other natural features
such as woods, streams, wetlands, etc., as integral components of
a balanced ecology.
To qualify for consideration as a planned community
development, the site shall be of sufficient size in relation to the
proposed uses to justify the application of the special regulations
as set forth in this article and shall be under the single or unified
ownership of the applicant.
In a planned community development, the following
uses may be permitted, subject to the standards as hereinafter set
forth; provided, however, that no use shall be permitted except in
conformity with a specific and precise development plan pursuant to
the procedural and regulatory provisions as hereinafter set forth:
any use permitted by right in any of the other districts of this chapter.
A.
General. As a basis for determining the acceptability
of a planned development proposal, specific consideration shall be
given as to whether or not it is consistent with the spirit and intent
of the purposes of this article; has been prepared with competent
professional advice and guidance in terms of planning, architecture
and engineering; and produces significant benefits in terms of improved
environmental design.
B.
Height and area. Specific lot size, density, open
space, building location, height, size, floor area, yard, parking
and other such requirements shall be based upon determination as to
their appropriateness to the uses or structures as they relate to
the total environmental concept of the planned development and consistent
with the criteria set forth in this chapter and with those generally
accepted basic standards necessary to ensure the protection of the
public health, safety and welfare.
C.
Parking. Off-street parking facilities shall be provided in accordance with applicable regulations set forth in § 245-15 and other applicable provisions of this chapter. This requirement may be waived by the Plan Commission and/or Village Board in commercial and/or industrial developments or commercial and/or industrial sections of mixed developments on a site-by-site basis during the review and approval process.
[Amended 12-3-2001 by Ord. No. 419]
D.
Design standards. Engineering and subdivision design standards relative to street type, location and width, sidewalks, street lighting, storm drainage, lot arrangement or other elements of site design shall be based upon determination as the appropriate standards necessary to effectively implement the specific function in the specific situation, and as it relates to the total plan concept; and consistent with the necessity for compatibility with the existing pattern in areas peripheral to the development. In no case shall minimal construction standards be less than those necessary to protect the public health, safety and welfare. To this intent, the specific provisions of Chapter 235, Subdivision of Land, of the Village may be waived where deemed appropriate in the case of a planned community development.
E.
Intensity and character of land use. In a planned
community development, the suitability of the type and character of
uses proposed and their intensity and arrangement on the site shall
be based upon the following standards:
(1)
Compatibility to the physical nature of the site,
with particular concern for conservation of natural features such
as tree growth, streams, wetlands, geological features, natural resources,
etc.; for suitability of soils for the uses proposed; for preservation
of open space, and for careful shaping of terrain to minimize scarring,
ensure suitable drainage and for preservation of natural terrain wherever
appropriate.
(2)
Achievement of an attractive environment appropriate
to the uses proposed and compatible with existing development in the
surrounding area and with official development plans for the area,
with particular concern for preservation of ecologic and economic
balance.
(3)
Capacity to be effectively serviced without creating
a demand for schools, sanitary sewer, water, stormwater drainage,
recreational areas highways or other public services substantially
in conflict with that anticipated by the appropriate jurisdictional
plans for such services or which could not be provided without adverse
effect upon the jurisdictional area involved.
(4)
Adequate provision for the practical functioning of
the development in terms of circulation, parking, emergency services,
mail and delivery service, street maintenance and utility service.
(5)
Adequate provision for appropriate sites for schools,
parks, highways and other public facilities serving the proposed development.
F.
Provision for common open space, park or other amenity
area.
(1)
In a planned community development, consideration
shall be given to the preservation of open space and other natural
features such as woods, streams, wetlands, etc., as common open space,
parkland or other amenity area serving the recreational and aesthetic
needs of the people in the development, the need created for such
area by the development and the suitability or potential of the area
for such use.
(2)
Such areas may include landscaped or naturalistic
grounds, water bodies or specific recreational activity facilities
and shall be of such size, shape, character and location as makes
them a practical recreational amenity to the residents of the development
or a contribution to the environmental quality of the development.
(3)
Adequate provision shall be made for the establishment,
permanent preservation and maintenance of such common "open space"
parkland or amenity areas either by private reservation or dedication
to the public:
(a)
Dedication shall not be mandatory, but where
public ownership is desired by the Village, reservation for such purpose
may be required by the Village.
(b)
In the case of private open space reservation,
the open area to be reserved shall be protected against building development
by conveying to the Village as part of the conditions for project
approval an open space easement over such open areas restricting the
area against any future building or use except as is consistent with
that of providing landscaped open space for the aesthetic and recreational
benefit of the development. Buildings or uses or recreational, cultural
or other purposes compatible with the open space objective may be
permitted only where specifically authorized as part of the development
plan or subsequently with the express approval of the Plan Commission
following approval of building, site and operational plans.
(c)
The care and maintenance of private open space
reservations or amenity areas shall be assured by establishment of
appropriate management organization for the project. The manner of
assuring maintenance and assessing such cost to individual properties
shall be determined prior to the approval of the final project plans
and shall be included in the conditions of approval and in the title
to each property.
(d)
Ownership and tax liability of private open
space reservation or amenity areas shall be established in a manner
acceptable to the Village and made a part of the conditions of the
plan approval.
G.
Economic feasibility and impact. To minimize the possibility
of adverse effect resulting from failure to implement an approved
project or from the economic impact of its development upon the community,
the proponents of a planned development shall provide satisfactory
evidence of their economic feasibility to finance the project and
that the economic prosperity of the area or the values of surrounding
properties would not be adversely affected as compared to the impact
of development which might reasonably have been anticipated under
the zoning in effect at the time the planned development was proposed.
H.
Implementation schedule. The proponents of a planned
community development district shall submit a reasonable schedule
for the implementation of the development to the satisfaction of the
Village Board, including suitable provisions for assurance that each
phase could be brought to completion in a manner which would not result
in adverse effect upon the community as a result of termination at
that point.
The procedure for rezoning to a planned community
development district shall be as required for any other zoning district
change under this chapter, except that in addition thereto, the rezoning
may only be considered in conjunction with a development plan and
shall be subject to the following additional requirements:
A.
Preapplication conference. Prior to the submittal
of a formal application for approval of a planned community development,
the applicant shall meet with the Plan Commission for an informal
discussion of the proposed development in order to provide the basis
for proper submittal and processing.
B.
Application.
(1)
The submittal for approval of a planned community
development shall be in the form of a General Development Plan and
a Precise Implementation Plan. The application may be for a preliminary
approval of a General Development Plan, followed by the submittal,
in whole or part, of final detail plans for approval as a Precise
Implementation Plan or for a combined General Development and Precise
Implementation Plan for all or part of the General Development Plan.
(2)
Thirteen copies of the application for a General Development
Plan; a General Development Plan with a Precise Implementation Plan
or a Precise Implementation Plan shall be submitted to the Clerk,
who shall transmit it directly to the Plan Commission for processing.
[Amended 11-22-2004 by Ord. No. 467[1]]
C.
General Development Plan. The application for approval
of a General Development Plan is intended to provide sufficient definition
of the proposed development to make possible a determination as to
its basic acceptability in terms of its character; its use pattern;
its intensity of use; its economic, environmental and service impact;
and such other factors as would be pertinent to such basic decision
prior to the preparation of detailed engineering, architectural and
landscape architectural plans. Specifically, such submittal shall
include the following:
(1)
A statement describing the general character of the
intended development.
(2)
A legal description and an accurate map of the project
area, including its relationship to surrounding properties and existing
topography and key features.
(3)
A site plan of the proposed development prepared by
a competent professional site planner at a minimum scale of one inch
equals 200 feet showing at least the following information in sufficient
detail to make possible the evaluation of the criteria for approval:
(a)
The pattern of proposed land use, including
shape, size and arrangement of proposed use areas, density and environmental
character and the relationship to surrounding uses.
(b)
The pattern of public and private streets, pedestrian
ways and parking areas proposed and the relationship to existing streets.
(c)
The location, size and character of recreational
and open space areas designated for private reservation or reserved
or dedicated for public uses such as school, park, greenway, etc.,
or of any other special amenity to be provided.
(d)
A utility feasibility study showing the general
system of sewer, water and storm drainage.
(e)
A general analysis of the impact of the development
upon traffic facilities.
(4)
Appropriate statistical data on the size of the development,
ratio of various land uses, percentages of multifamily units by number
of bedrooms, economic analysis of the development, expected staging
and any other plans or data pertinent to proper evaluation of the
proposal.
(5)
General outline of intended organizational structure
related to property owners' association, deed restrictions and private
provision of common services.
(6)
Any additional information requested by the Plan Commission
as being necessary for adequate evaluation of the concept plan.
D.
Referral and hearing.
(1)
Within 60 days after completion of the filing of the
petition for approval of a General Development Plan, the Plan Commission
shall forward the petition to the Village Board with a recommendation
that the plan be approved as submitted, approved with modifications
or disapproved. Such report shall include findings of fact specifying
the reasons for the Plan Commission's recommendation.
(2)
Upon receipt of the Plan Commission's recommendation,
the Village Board shall determine whether or not to initiate a proposed
zoning change to permit the proposed planned community development
district and to schedule the required public hearing. If the Board
fails to initiate such a change within 30 days, the petitioner may
file a petition directly with the Clerk as provided by law.
[Amended 11-22-2004 by Ord. No. 467]
E.
Village Board action. Within 30 days following receipt
of the report of the Plan Commission, the Village Board shall approve
the recommendation, approve the recommendation with modifications,
disapprove the recommendation or refer the matter back to the Plan
Commission for further consideration. In the case of approval or approval
with modification, the Village Board shall adopt an ordinance establishing
the planned community development district and approving the General
Development Plan and therein may impose such conditions as it deems
necessary to ensure that the development conforms to such plan. Such
approval of a General Development Plan shall establish the basic right
of use for the area in conformity with the plan as approved, but shall
be conditioned upon approval of a Precise Implementation Plan, and
shall not make permissible any of the uses as proposed until a Precise
Implementation Plan is submitted and approved for all or a portion
of the General Development Plan.
F.
Precise Implementation Plan. A Precise Implementation
Plan for implementation of all or a part of a proposed planned community
development district may be submitted concurrently with a General
Development Plan or within a reasonable period of time as determined
by the Village Board. If a Precise Implementation Plan, which the
Village Board determines to be a reasonable phase of the total plan,
has not been submitted within such time, the Village Board may revoke
the approval of the General Development Plan. The Precise Implementation
Plan shall present in greater detail the information given approximately
in the General Development Plan and include sufficient detail to show
substantial conformity to the General Development Plan. The Precise
Implementation Plan shall include the following detailed construction
and engineering plans and related detailed documents and schedules:
(1)
An accurate map of the area covered by the plan, including
the relationship to the total General Development Plan, at scale of
one inch equals 100 feet with contour lines at two-foot intervals.
(2)
The pattern of public and private roads, driveways,
walkways and parking facilities and proposed design and construction
standards.
(3)
Detailed lot layout and subdivision plat where required.
(4)
The arrangement of building groups, other than single-family
detached residences.
(5)
Floor plans and elevations or perspectives showing
the architectural treatment of all buildings other than single-family
detached residences.
(6)
Statistical tabulations showing the apportionment
of land uses, the density of residential use, the ratio of apartments
by bedroom count, the percentage of ground cover by buildings, the
floor area ratio and the parking ratio.
(7)
Grading plan and storm drainage system.
(8)
Engineering plans for sanitary sewer and water system.
(9)
The location, type and design detail of all recreational
or other special amenities.
(10)
Location and description of any areas to be
dedicated to the public.
(11)
Landscape plans, including plant materials list.
(12)
Proposed development schedule showing the overall
phasing anticipated, the relationship of the proposed Precise Implementation
Plan to the total schedule, the starting and anticipated completion
time for the phase covered by the Precise Implementation Plan and
the area of open space to be provided with each phase.
(13)
Proposed financing plan, including any change
in ownership interest involved.
(14)
If the plan contemplates any portion of the
project to be implemented or subsequently owned by other than the
petitioner, sufficient information concerning such arrangements shall
be submitted to enable the Village to be assured that the development
will be carried out in complete compliance with the spirit and intent
of the approval granted.
(15)
Analysis of the economic impact of the development
upon the community.
(16)
Agreements, bylaws, provisions or covenants
which govern the organizational structure, use, maintenance and continued
protection of the planned community development and any of its common
services, common open areas or other facilities.
(17)
Any other plans, documents or schedules deemed
necessary by the Village for proper evaluation of the proposal.
G.
Public hearing. If the Precise Implementation Plan
conforms substantially to the General Development Plan as approved,
no public hearing shall be required, though the Plan Commission may
hold informal hearings if it so desires. A Precise Implementation
Plan submitted for approval shall be deemed to conform substantially
to the General Development Plan approved, provided any modification
therein, including any modification in location, design and number
of buildings, roadways and utilities, does not change the concept
or intent of the preliminary plan approved; increase the gross residential
density or intensity of use by more than 10%, reduce the area set
aside for common open space by more than 10%, or in any case below
that required for a minimum; increase by more than 10% the floor area
for nonresidential use, or increase by more than 5% the total ground
area covered by buildings or structures.
H.
Plan Commission action. Within 30 days following the
submittal of petition, the Plan Commission shall take action to approve
the Precise Implementation Plan as submitted, approve subject to specified
modifications or conditions, or deny approval.
I.
Recording. In the event of approval of the Precise
Implementation Plan, the building, site and operational plans for
the development, as approved, as well as all other commitments and
contractual agreements which the Village offered or required with
regard to project value, character and other factors pertinent to
an assurance that the proposed development will be carried out basically
as presented in the official submittal plans, shall be recorded by
the developer within a reasonable period of time as determined by
the Village Board in the Racine County Register of Deeds Office. This
shall be accomplished prior to the issuance of any building permit.
J.
Changes. If the Precise Implementation Plan submitted
does not conform substantially to the General Development Plan previously
approved, or if the applicant desires to amend substantially a Development
Plan previously approved in General or Precise form, the changes therein
or amendments thereto may be approved only by following the procedure
for original approval. No changes in the Precise Implementation Plan
approved hereunder shall be considered to waive any of the covenants
or agreements limiting the use of land, buildings, structures and
improvements within the planned community development unless specifically
so stated.
K.
Extension or revocation. If no substantial construction
has begun in the planned community development within two years after
the approval by the Village Board of a Precise Implementation Plan,
the plan shall be subject to revocation upon written notice to applicant
from the Village Board. The Village Board may grant extensions of
such period. In the event of revocation hereunder, an appropriate
instrument of revocation shall be filed in the Racine County Register
of Deeds office.
L.
Additions. Land contiguous to an existing planned community development may be added to such planned community development, provided such land is made a part of the original development plan in all respects prior to its incorporation into such plan by an amendment of the Development Plan as provided in Subsection J.
A.
Permitted uses: a total of 80 condominium dwelling
units, including off-street parking, recreational areas and other
accessory uses as designated on Exhibit "A" to Ordinance No. 194,
on file in the Village Clerk's office, and adopted herein by reference.
The above permitted uses shall be the only permitted uses allowed
in the Foxwood Isle Planned Community Development District.
[Amended 11-22-2004 by Ord. No. 467]
B.
Special uses. No special uses shall be permitted in
the Foxwood Isle Planned Community Development District.
C.
Dwelling standards.
(1)
Size of dwelling units. Each dwelling unit contained
within the development shall have a minimum floor area of not less
than 973 square feet. Such minimum floor area shall include utility
rooms but excludes cellars, basements, open porches, breezeways, garages
and other spaces that are not used frequently or during periods of
unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling
unit shall have two bedrooms. No unit shall have three or more bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall be provided
with a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of
12 dwelling units shall be allowed within one structure.
(5)
Refuse facilities. Solid waste collection containers
shall be provided prior to occupancy. The precise location of the
central solid waste collection points shall be approved as a part
of the final site plan for each stage of development. Collection from
within each individual building and transportation to central solid
waste collection points shall be the responsibility of the owner.
Solid wastes shall be stored in containers designed to be mechanically
handled by collection vehicles. The type and design of container shall
be as approved by the Director of Public Works.
E.
Off-street automobile parking facilities.
(1)
Parking stalls. A total of 160 parking stalls shall
be provided. Such number of parking stalls includes the garages and
open stalls.
(2)
Parking lot and drive standards. All parking lots
and driveways shall be constructed with either Portland cement concrete
or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone
service wires or cables shall be installed underground within the
boundaries of the development.
G.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades of buildings, parking areas and landscape areas on
the site and showing proposed site drainage plan. Elevation on such
site grading plan shall be based on the Village datum and be approved
by the Village prior to construction.
I.
Outdoor lighting. Outdoor lighting of walkways, access
drives and off-street parking shall be provided by the developer.
J.
Landscaping. There shall be a minimum of $400 per
dwelling unit expended for landscaping. Such funds shall be used only
for initial planting of evergreens, deciduous trees and shrubs. Shade
trees and decorative ornamental trees along with varying sizes and
types of shrubbery shall be used to highlight the buildings, drives,
parking lots and walkways. Foundation plantings shall be used to surround
the buildings and parking areas shall be screened from adjoining properties.
K.
Easements. Public or private easements for sanitary
sewer, storm sewer, water mains, gas mains, telephone or electric
wires and cables or other public or private utilities shall be granted
where required in accordance with detailed utility system plans, approved
by the Village Engineer. Easements shall be granted to gain access
to the lift station. Public easements shall be maintained free and
clear of natural plantings exceeding six feet in height, accessory
outdoor appurtenances or permanent outdoor recreational facilities.
L.
Private street and drive maintenance. Private off-street
parking areas, walks and access drives shall be maintained by the
owner so as to provide safe access at all times.
M.
Condominium declaration. Prior to the issuance of
building occupancy permits, a condominium declaration shall be submitted
to the Village Board for approval. Such declaration shall be approved
by the Village Board and be recorded prior to the issuance of a building
occupancy permit. The following items shall be included to the satisfaction
of the Village Board in such condominium declaration:
N.
Termination of planned community development district.
If construction of structures within the Foxwood Isle Planned Community
Development District has not commenced on or before December 31, 1983,
this section shall be null and void without further action by the
Plan Commission or the Village Board, and all development in the Foxwood
Isle Planned Community Development District shall be governed by the
remainder of this section. The zoning district in effect prior to
the creation of the Foxwood Isle Planned Community Development District
shall be reinstated if unit construction has not commenced on or before
December 31, 1984. The criteria to be used in determining if construction
has commenced shall be that the building foundations of two structures
have been completed and capped.
A.
Permitted uses: a total of 135 mobile homes, including
off-street parking, recreational area, other accessory uses and the
sale of mobile homes.
B.
Special uses. No special uses except mobile home sales
shall be permitted in the Harbor Heights Planned Community Development
District.
C.
Mobile home standards.
(1)
Size of mobile homes. Each mobile home contained within
the development shall have a minimum floor area of not less than 900
square feet. Such minimum floor area shall include utility rooms,
but exclude open porches, breezeways, garages and other spaces that
are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per mobile home unit. Each mobile
home unit shall have at least two bedrooms.
(3)
Number of bathrooms. Each mobile home unit shall be
provided with a minimum of one full bathroom.
(4)
Number of mobile homes per site. Only one mobile home
unit shall be allowed per home site.
(5)
Refuse facilities. Solid waste collection containers
shall be as approved by the Director of Public Works.
D.
Building standards.
(1)
Height. The height of the building shall be limited
to one story and shall not exceed 20 feet.
(2)
Enclosed parking. Enclosed parking will be allowed
on each site. Parking spaces in a ratio of two for each home site
shall be provided.
(3)
Minimum standards. Each unit shall meet the following
minimum criteria:
(a)
All units shall have pitched roofs covered with
asphalt shingles or other nonreflective materials.
(b)
Units shall have house-type siding.
(c)
All units shall be skirted within 30 days of
installation, weather permitting.
(d)
Units shall have concrete front approaches or
treated wood decks.
(e)
Landscaping shall be completed within one year
of installation of individual units.
(f)
Each unit shall provide a minimum of 900 square
feet of living area.
(g)
All units shall be newly constructed.
(h)
All units shall have a minimum basic width of
at least 14 feet and a minimum overall width of 18 feet for a minimum
of 50% of the length. The fifty-percent requirement may be waived
if the expanded area is at least 30 feet long.
E.
Parking lot and drive standards. All parking lots
and driveways shall be constructed with either Portland cement concrete
or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone
service wires or cables shall be installed underground within the
boundaries of the development.
G.
Detailed site grading. A detailed site grading plan
shall be submitted to the Village for approval showing proposed finished
grades on the site and showing the proposed site drainage plan. Elevation
on such site grading plan shall be based on the Village datum and
be approved by the Village prior to construction.
I.
Outdoor lighting. Outdoor lighting of walkways, access
drives and off-street parking shall be provided by the developer.
J.
Landscaping. There shall be an average of $400 per
site expended for landscaping. Such funds shall be used only for initial
planting of evergreens, deciduous trees and shrubs. Shade trees and
decorative ornamental trees along with varying sizes and types of
shrubbery shall be used to highlight the buildings, drives, parking
lots and walkways.
K.
Easements. Public or private easements for sanitary
sewer, storm sewer, water mains, gas mains, telephone or electric
wires and cables or other public or private utilities shall be granted
where required in accordance with detailed utility system plans approved
by the Village Engineer. Easements for access for police and fire
protection shall be granted to the Village.
L.
Private street and drive maintenance. Private off-street
parking areas, walks and access drives shall be maintained by the
owner so as to provide safe access at all times.
M.
Development agreement. A development agreement has
been executed between the Village and developer, the terms and conditions
of which are made a part hereof for the purpose of enforcement.
N.
Lot and yard regulations.
(1)
Area. Minimum lot or site area shall be 6,000 square
feet.
(2)
Width. Minimum lot or site width shall be 50 feet.
(3)
Floor area ratio: not to exceed 0.4.
(4)
Clearances. The unit shall be so located on a site
that there shall be at least a twenty-foot clearance between basic
units. No unit shall be located closer than 10 feet to any building
within the park or to any property line of the park. No unit shall
be located closer than 25 feet to the right-of-way line of a highway
or 10 feet to the right-of-way line of a public street or internal
private street system of the park or such other distance as may be
established by statute, ordinance or local regulation.
O.
Accessory buildings and uses. Accessory buildings
and uses may be allowed if approved as an integral part of the development.
P.
Licensing and license fee.[2]
(1)
The Village shall grant to the developer a one-year
license to operate under the terms and conditions of this section,
Wisconsin Statutes and the applicable Wisconsin Administrative Code.
The annual license fee shall be based upon the rate set by the Village
Board and shall be payable upon issuance thereof.
(2)
The Village shall collect a fee from developer in
an amount set by the Village Board for each transfer of a license.
(3)
Monthly mobile home fees shall be assessed and collected
pursuant to Wis. Stat. § 66.0435(3), which statute is made
a part hereof and fully incorporated herein by reference.
Q.
Termination of planned community development district.
If construction of structures within the Harbor Heights Planned Community
Development District has not commenced on or before December 31, 1988,
this section shall be null and void without further action by the
Plan Commission or the Village Board. The criteria to be used in determining
if construction has commenced shall be that two mobile homes have
been placed on the site and connected to sanitary sewer and water
services.
A.
Permitted uses. A total of 90 condominium dwelling
units, including off-street parking, recreational areas, clubhouse
building with gazebo, three eight-family buildings and other accessory
uses as designated in Exhibits A and B to Ordinance No. 264, on file
in the Village Clerk's office, adopted herein by reference; Exhibit
A being the final site plan for the development and Exhibit B being
the planned unit development agreement, each of which shall be recorded
in the office of the Register of Deeds for Racine County, excluding
the reference exhibits which will remain on file at the Village. The
above permitted uses shall be the only permitted uses allowed in the
Country Club Villas at Rivermoor Planned Community Development District.
The planned unit development agreement and final site plan, otherwise
known as Exhibits B and A herein, reference four phases of development.
[Amended 11-22-2004 by Ord. No. 467]
B.
Special uses. No special uses shall be permitted in
the Country Club Villas at Rivermoor Planned Community Development
District.
C.
Dwelling standards.
(1)
Site of dwelling units. Each of the condominium dwelling
units contained within the development shall have a minimum floor
area of not less than 1,400 square feet. Such minimum floor area shall
include utility rooms, but exclude cellars, basements, open porches,
breezeways, garages and other spaces that are not used frequently
or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling
unit shall have not less than two and not more than three bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have
a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of
five dwelling units shall be allowed within one structure, except
for the three eight-family buildings, each of which shall contain
eight dwelling units.
(5)
Garbage collection. The Village shall provide curbside
garbage collection for all single-family attached condominium dwelling
units in the development. Each individual owner shall be responsible
for meeting all requirements for garbage collection as from time to
time promulgated by the Village.
D.
Building standards.
(1)
Height. The height of the 90 condominium units shall
not exceed 24 feet. Each unit may consist of one or two stories, but
each unit shall contain a majority of its square footage upon the
ground level of the structure in which it is contained. The height
of the eight-family buildings shall not exceed 35 feet.
(2)
Enclosed parking. Each condominium unit located in
the development shall have an attached two-car garage.
E.
Off-street automobile parking facilities. All parking
lots and driveways shall be constructed with either Portland cement
concrete or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades of buildings, parking areas and landscape areas on
the site and showing proposed site drainage plan. Elevation on such
site grading plan shall be based on the Village datum and be approved
by the Village prior to construction.
I.
Landscaping. The developer shall provide the Village
with a landscape plan and detailed material list and shall implement
such a plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way as dedicated pursuant to the planned
unit development agreement, developer shall provide the Village with
easements in dimensions in accordance with the planned unit development
agreement, such easements shall be maintained free and clear of natural
plantings exceeding six feet in height, accessory outdoor appurtenances
or permanent outdoor recreational facilities.
(2)
The developer shall grant to the village easements
over and across the private roads in the development for the purposes
of providing public services, including, but not limited to, fire,
rescue, police protection and garbage collection. These easements
shall be 30 feet in width, with the easement center line corresponding
to the center line of the pavement of the private roadway. In every
instance, the easement to be provided shall require that no obstruction
be allowed within the thirty-foot width, no lighting or other utility
poles be erected within the easement area, the association be responsible
for removing snow accumulations from the easement area and no parking
of vehicles be allowed within the easement area.
(a)
The Village shall tow any vehicles and similarly
remove any other types of personal property which are located within
the easement area after giving a notice of such encroachment at least
six hours prior to the removal of the property causing the encroachment.
This notice shall be given by written citation placed upon the vehicle
or other encroaching property.
(b)
In the event that the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, then the Village may proceed for payment against the condominium association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street
parking areas, walks and access roads and drives shall be maintained
by the owner so as to provide safe access at all times to all areas
of the development.
L.
Condominium declaration. At the time of recording
the final site plans for the development and recording of the planned
unit development agreement and prior to commencement of any construction
upon the property subject hereof, the owner shall submit to the Village
a declaration of condominium for approval. Such declaration shall
be approved by the Village Board and be recorded at the office of
the Register of Deeds for Racine County prior to the commencement
of construction of the improvements as herein defined. The following
items shall be included to the satisfaction of the Village in such
condominium declaration:
M.
Termination of planned community development district.
If construction of structures within the Country Club Villas at Rivermoor
Planned Community Development District has not commenced on or before
December 31, 1992, this section shall be null and void without further
action by the Plan Commission or the Village Board and all development
in the Country Club villas at Rivermoor Planned Community Development
District shall be governed by the remainder of this section. the zoning
district in effect prior to the creation of the Country Club Villas
at Rivermoor Planned Community Development District shall be reinstated
if unit construction has not commenced on or before December 31, 1992.
The criteria to be used in determining if construction has commenced
shall be that the building foundations of two structures have been
completed and capped.
N.
Exhibits made a part of this section. The exhibits
identified hereinabove as "A" and "B," being the final site plan and
the planned unit development agreement respectively, each are incorporated
into this section by and through this specific reference, and each
of the terms and conditions of the agreement and plan shall be enforceable
as an element of this chapter and subject to its provisions for penalties
and other legal action as is provided by this chapter.
A.
Permitted uses. The district shall consist of three
separate parcels of land numbered Lots 1, 2 and 4 Marina Shores Subdivision.
(1)
Lot 1 shall consist of a commercial/business structure
of 3,000 square feet in floor area on the first level and two residential
units on the second level, with the remainder of the parcel containing
the necessary parking areas, open areas, garage areas and landscape.
[Amended 1-24-2011 by Ord. No. 565]
(2)
Lot 2 shall consist of a commercial/business structure
containing not more than 6,000 square feet of area on the ground level,
residential and/or commercial uses on the second level, and the remainder
of the parcel shall consist of open areas, parking, landscaped areas
and areas within the wetland and, therefore, undisturbed except as
may be approved by the Village to gain access to the water.
[Amended 1-24-2011 by Ord. No. 565]
(3)
Lot 4 shall consist of a commercial/business structure
with no more than 6,000 square fee on the ground level of the structure
and containing six residential units on the second floor of the structure,
with the remainder of the parcel to be parking areas, garage areas,
open areas and landscaping. Access to Lot 4 shall be from Marina Court,
and no access to this parcel shall be from Milwaukee Street.
(4)
Development of each of these lots within the Planned
Development District shall be pursuant to a final site development
plan and agreement, each of which shall be submitted to the Village
for approval and recorded in the office of the Register of Deeds as
applicable. The above shall be the only permitted uses allowed in
Marina Shore Planned Community Development District.
B.
Special uses. No special uses shall be permitted in
the Marina Shores Planned Community Development District.
C.
Final site development agreement and site development
plan. Prior to development of any of the parcels located within the
Marina Shores Planned Community Development District, a final site
development agreement shall be submitted to and approved by the Village
Planning Board, which site development plan shall establish dwelling
standards for the residential units, number of bedrooms per dwelling
unit, number of bathrooms per dwelling units and such plan shall also
provide building standards and parking restrictions. The site development
plan further shall address the plans for electric and telephone service,
a detailed site grading plan, landscaping plans and the placement
of easements upon the parcel subjected to the site plan.
[Added 7-22-1996 by Ord. No. 339]
A.
Permitted uses. A total of 22 condominium dwelling
units, including off-street parking, recreational areas, and other
accessory uses as designated in Exhibits A and B to Ordinance No.
339, on file in the Village Clerk's office, adopted herein by reference;
Exhibit A being the final site plan for the development and Exhibit
B being the planned unit development agreement, each of which shall
be recorded in the office of the Register of Deeds for Racine County,
exhibits which will remain on file at the Village. The above permitted
uses shall be the only permitted uses allowed in the Park Place Town
Homes Condominium Planned Community Development District. All development
with this district shall occur during one phase of development.[1]
B.
Special uses. No special uses shall be permitted in
the Park Place Town Homes Condominium Planned Community Development
District.
C.
Dwelling standards.
(1)
Site of dwelling units. Each of the condominium dwelling
units contained within the development shall have a minimum floor
area of not less than 1,200 square feet. Such minimum floor area shall
include utility rooms, but exclude cellars, basements, open porches
breezeways, garages and other spaces that are not used frequently
or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling
unit shall have not less than two and not more than three bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have
a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of
two dwelling units shall be allowed within one structure.
(5)
Garbage collection. The Village shall provide curbside
garbage collection for all units in the development. Each individual
owner shall be responsible for meeting all the requirements for garbage
collection as from time to time promulgated by the Village.
D.
Enclosed parking. Each condominium unit located in
the development shall have an attached two-car garage.
E.
Off-street automobile parking facilities. Driveways
shall be constructed with either Portland cement concrete or asphaltic
concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades of buildings, parking areas and landscape areas on
the site and showing proposed site drainage plan. Elevation on such
site grading plan shall be based on the Village datum and be approved
by the Village prior to construction.
I.
Landscaping. The developer shall provide the Village
with a landscape plan and detailed material list and shall implement
such a plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way as dedicated pursuant to the planned
unit development agreement, the developer shall provide the Village
with easements in dimensions in accordance with the planned unit development
agreement; such easements shall be maintained free and clear of natural
planting exceeding six feet in height, accessory outdoor appurtenances
or permanent outdoor recreational facilities.
(2)
The developer shall grant to the Village easements
over and across the private roads in the development for the purposes
of providing public services, including but not limited to fire, rescue,
police protection and garbage collection. These easements shall be
30 feet in width with the easement center line corresponding to the
center line of the pavement of the private roadway. In every instance,
the easement to be provided shall require that no obstruction be allowed
within the 30 feet of width, no lighting or other utility poles be
erected within the easement area, and the association be responsible
for removing snow accumulations from the easement area, and no parking
of vehicles be allowed within the easement area.
(a)
The Village shall tow any vehicles and similarly
remove any other types of personal property which are located within
the easement area after giving notice of such encroachment at least
six hours prior to the removal of the property causing the encroachment.
This notice shall be given by written citation placed upon the vehicle
or other encroaching property.
(b)
In the event that the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, then the Village may proceed for payment against the condominium association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street
parking areas, walks and access roads and drives shall be maintained
by the owner so as to provide safe access at all times to all areas
of development.
L.
Condominium declaration. At the time of recording
the final site plans for the development and recording of the planned
unit development agreement and prior to commencement of any construction
upon the property subject hereof, the owner shall submit to the Village
a declaration of condominium for approval. Such declaration shall
be approved by the Village Board and be recorded at the office of
the Register of Deeds for Racine County prior to the commencement
of construction of the improvements as herein defined. The following
items shall be included to the satisfaction of the Village in such
condominium declaration:
M.
Termination of planned community development district.
If construction of structures within Park Place Town Homes Condominium
Planned Community Development District has not commenced on or before
August 31, 1997, this section shall be null and void without further
action by the Plan Commission or the Village Board and all development
in the Park Place Town Homes Condominium Planned Community Development
District shall be governed by the remainder of this section. The zoning
district in effect prior to the creation of the Park Place Town Homes
Condominium Planned Community Development District shall be reinstated
if unit construction has not commenced on or before August 31, 1997.
The criteria to be used in determining if construction has commenced
shall be that the building foundations of two structures have been
completed and capped.
N.
Exhibits made a part of this section. The exhibits
identified hereinabove as "A" and "B," being the final site plan and
the planned unit development agreement respectively, each are incorporated
into this section by and through this specific reference, and each
of the terms and conditions of the agreement and the plan shall be
enforceable as an element of this chapter and subject to the provisions
for penalties and other legal action as is provided by this chapter.
[Added 10-13-1997 by Ord. No. 358]
A.
Permitted uses: a total of 30 structures, each containing
four residential living units with related improvements, including
off-street parking, recreational areas, easement areas for public
utilities and stormwater drainage installations, and related accessory
uses as contained upon the General Development Plan and Precise Implementation
Plans as from time to time submitted and which remain on file at the
Village of Waterford. The above permitted uses shall be the only permitted
uses allowed at Mulberry Down Condominium Planned Community Development
District.
B.
Special uses. No special uses shall be permitted in
the Mulberry Downs Condominium Planned Community Development District.
C.
Dwelling standards.
(1)
Each of the condominium dwelling units contained within
the development shall have a minimum floor area of not less than 1,200
square feet. Such minimum floor area shall include utility rooms but
excludes cellars, basements, open porches, breezeways, garages and
other spaces that are not used frequently or during periods of unit
habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling
unit shall not have less than two and not more than four bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have
a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of
four dwelling units shall be allowed within one structure.
D.
Building standards.
(1)
Enclosed parking. Each condominium unit located in
the development shall have an attached two-car garage.
E.
Off-street automobile parking facilities. All parking
lots and driveways shall be constructed with Portland cement concrete
or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades for buildings, parking areas and landscape areas on
the site and showing proposed site drainage plans. Elevation of such
site grading plans shall be based on the Village datum and be approved
by the Village prior to construction.
H.
Development improvements. All improvements required
within the planned unit development agreement shall be installed at
the developer's expense and pursuant to the terms of that agreement.
I.
Landscaping. The developer shall provide the Village
with a landscape plan as a part of the precise implementation plan
for each phase of construction and a detailed material list and shall
implement such a plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way, the developer shall provide the Village
with easements and dimensions in accordance with the planned unit
developer agreement, such easements shall be maintained free and clear
of natural plantings, accessory outdoor appurtenances or permanent
outdoor recreation facilities, shall be kept free of parked vehicles,
so as to allow open and free access to emergency vehicles as may be
from time to time required.
(2)
The developer shall grant to the Village easements
over and across the private roads in the development, together with
additional area over and across the apron abutting the private roadways
for purposes of providing public services, including, but not limited
to, fire, rescue, police protection and garbage collection. These
easements shall be 30 feet in width, with the easement center line
corresponding to the center line of the pavement of the private roadway.
In every instance, the easement to be provided shall require that
no obstruction be allowed within the thirty-foot width, no lighting
or other utility poles be erected within the easement area, the association
to be responsible for removing snow accumulations from the easement
area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any
vehicles and similarly remove any other types of personal property
which are located within the easement area after giving a notice of
such encroachment at least six hours prior to the removal of the property
causing the encroachment. This notice shall be given by written citation
placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the condominium association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street
parking areas, walks and access roads should be maintained by the
owner so as to provide safe access at all times to all areas of the
development.
L.
Condominium declaration. At the time of recording
the final site plans for the development and recording of the planned
community development agreement and prior to commencement of any construction
upon the property hereof, the owner shall submit to the Village a
declaration of condominium for approval. Such declaration shall be
approved by the Village Board and recorded at the office of the Register
of Deeds for Racine County prior to the commencement of construction
of the improvements as herein defined. The following items shall be
included to the satisfaction of the Village in such condominium declaration:
M.
Termination of planned community development district.
If construction of structures within the Mulberry Downs Condominium
Planned Community Development District has not commenced on or before
December 31, 1998, this section shall be null and void without further
action by the Plan Commission or the Village Board and all development
in the Mulberry Downs Condominium Planned Community Development District
shall be governed by the remainder of this section. The zoning district
in effect prior to the creation of the Mulberry Downs Condominium
Planned Community Development District shall be reinstated if unit
construction is not commenced on or before December 31, 1998. The
criteria to be used in determining if construction has commenced shall
be that the building foundations of two structures have been completed
and capped.
N.
Rezoning effected by passage of this amendment. The
property subject of this planned community development district is
legally described as follows: Outlot 6, of Fairview Estates Valley,
a recorded subdivision located in the Village of Waterford, Racine
County, Wisconsin.
[Added 5-3-1999 by Ord. No. 379]
A.
Permitted uses: recreational use, and commercial structures as provided in Village of Waterford Municipal Code § 245-21A, except those listed below, including off-street parking, common green space areas, and easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, together with the necessary support and green space areas, all as to be provided for upon the Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be the only permitted uses allowed in Cornerstone Crossing Commercial Planned Community Development District.
(1)
Uses not permitted:
(a)
No residential use shall be allowed;
(b)
No tavern shall be allowed unless it is a nationally
or regionally franchised tavern and restaurant combination;
(c)
No service or filling station shall be allowed
unless its primary business is the service of automobiles and not
tractor-trailers;
(e)
No light manufacturing, fabricating or assembling
businesses shall be allowed;
(f)
No trucking company or motor freight company
shall be allowed;
(g)
No uses similar in character to a permitted
use, or for the manufacture or treatment of products incidental to
a permitted use, or accessory to a permitted use, shall be allowed
without a conditional use permit.
(2)
Park land and woodland preservation. No use other
than recreational shall be permitted in the area dedicated to park
land as identified in the developer's agreement. The woodland abutting
the park land shall be preserved as required in the developer's agreement.
B.
Special uses. No special uses shall be permitted in
the Cornerstone Crossing Commercial Planned Community Development
District.
D.
Building standards. Each structure constructed within
the district shall be constructed to Building Code[3] requirements as contained within this Code and within
the Administrative Code of the State of Wisconsin where applicable.
Further, each building shall be supported by an adequate number of
parking spaces as required by this Code, and further provided that,
should the Plan Commission of the Village of Waterford determine additional
parking spaces are required based upon the intended use, such requirements
may be imposed by the Plan Commission for uses within this district.
E.
Off-street automobile parking facilities. All parking
areas within this district shall be constructed with either Portland
cement concrete or asphaltic concrete over an approved subbase, to
depths for each application as established by the Village Engineer
prior to construction, giving consideration to the anticipated traffic
flow and nature of vehicles to be serviced by said facilities.
F.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades for all buildings, parking areas, and landscape areas
on site and showing proposed site drainage plans. Elevation of such
site grading plans shall be based on the Village datum and be approved
by the Village prior to construction.
H.
Developer's agreement.
(1)
The developer, owner, and the Village of Waterford
shall enter into a written developer's agreement, which may be amended
in writing as from time to time required, to address the installation
of all improvements to the site prior to the issuance of building
permits, for the installation of sewer mains, water mains, stormwater
conduits, sewers, detention and retention pond areas, easement accesses,
and ingress and egress easement rights for the public, which agreement
and any subsequent amendments shall be approved by the Village of
Waterford Plan Commission, Village Board, Village Engineer, and Village
Attorney, and which shall further contain provisions for financial
guarantees for such public improvements, either by letter of credit
in a form approved by the Village Attorney, or in the form of payment
and performance bonds, again in a form approved by the Village Attorney,
and in amounts not less than 115% of the Village Engineer's estimate
of the cost of such improvements. All sanitary sewer, water, and stormwater
infrastructure must be installed and accepted prior to the issuance
of any building permits for development within any area included in
any precise implementation plan. Building permits may thereafter be
issued upon the placement of first lift of asphalt, with second lifts
of asphalt to be applied within one year of the first lift, but no
later than October 1 of the year following the first lift, or sooner
upon demand by the Village Engineer. All improvements required within
the planned unit development shall be installed at the developer's
expense and pursuant to the terms of the developer's agreement(s)
above referenced.
(2)
In addition to the developer's responsibilities for
bonding the costs anticipated in the construction and installation
of public utility infrastructure and roadways, the developer shall
also be responsible, as part of any agreement entered for such development,
for the deposit of amounts of money necessary to cover the costs,
fees and expenses which are related to the review, professional (legal
and engineering), technical, inspection and administrative work performed
on by or on behalf of the Village in pursuance of such proposed development.
This shall include legal fees incurred in the preparation of the legal
documents leading to any rezoning ordinance, including this section,
and any agreements reached for precise implementation plans submitted
pursuant to this section, together with all such time expended in
the oversight of such development by the Village Attorney, and the
review by the Village Engineer of all plans submitted, and inspection
of such installations, together with time spent in oversight by the
Village Engineer of such development, along with other costs and fees
as set forth in the developer's agreement(s). Such cash deposits shall
be made pursuant to policies established from time to time by the
Village of Waterford and specific language included in developer's
agreement(s) as from time to time entered.
I.
Landscaping. The developer shall provide the Village
with a landscape plan as part of the Precise Implementation Plan for
each phase of construction and a detailed material list, and shall
implement such plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way, the developer shall provide the Village
with easements and dimensions in accordance with the developer's agreement,
such easements shall be maintained free and clear of natural plantings,
accessory outdoor appurtenances or permanent outdoor recreation facilities
and shall be kept free of parked vehicles, so as to allow open and
free access to emergency vehicles as may be from time to time required.
(2)
The developer shall grant to the Village easements
over and across the private roads in the development, together with
additional easements over and across the aprons abutting the private
roadways for purposes of providing public services, including, but
not limited to, fire, rescue, police protection and garbage collection.
These easements shall be 40 feet in width, with the easement center
line corresponding to the center line of the pavement of the private
roadway. In every instance, easements to be provided shall require
that no obstruction be allowed within the forty-foot width, no lighting
or other utility poles be erected within the easement area, the owner
or association to be responsible for removing snow accumulations from
the easement area, and no parking of vehicles be allowed within the
easement area.
(a)
The Village shall have the right to tow any
vehicles and similarly remove any other types of personal property
which are located within the easement area after giving a notice of
such encroachment at least six hours prior to the removal of the property
causing the encroachment. This notice shall be given by written citation
placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street
parking areas, walks, and access roads shall be maintained by the
owner so as to provide safe access at all time to all areas of the
development.
L.
Termination of Cornerstone Crossing Commercial Planned
Community Development District. If no Precise Implementation Plan
has been approved by the Village Board within 12 months of the execution
of the developer's agreement, or if substantial construction has not
begun within 12 months of the approval of a Precise Implementation
Plan for a phase of the development, the Cornerstone Crossing Commercial
Planned Community Development District shall be terminated, and there
shall be a stay on the development of the property, and the Plan Commission
and the Village Board shall have 150 days during which no plats, general
development plans, or precise implementation plans shall be submitted
for approval wherein the Village may act to rezone the property. The
criteria to be used in determining if substantial construction has
commenced shall be that the building foundations of two structures
have been completed and capped.
M.
Rezoning effected by passage of this amendment. The
property subject of this planned community development district is
legally described as follows: the entirety of Cornerstone Crossing,
a recorded planned community development district located in the Village
of Waterford, Racine County, Wisconsin, as originally described in
Ordinance Nos. 378 and 379, and amended in Ordinance No. 395, on file
in the office of the Village Clerk.
[Amended 6-14-2000 by Ord. No. 395[4]]
[Added 6-12-2000 by Ord. No. 399]
A.
Permitted uses: a total of 23 structures, each containing
two, three, or four residential living units with related improvements,
including off-street parking, common green space areas, recreational
areas, easement areas for public utilities and stormwater drainage
installations as contained in the developer's agreement and deed restrictions,
and related accessory uses, all as contained in the General Development
Plan and Precise Implementation Plans as from time to time submitted
and which will remain on file with the Village of Waterford. The permitted
uses identified in this subsection shall be the only permitted uses
allowed in Annecy Park Condominiums at Waterford Landing Planned Community
Development District. No use, other than recreational, shall be permitted
in the area dedicated to the walking path as identified in the developer's
agreement.
B.
Special uses. No special uses shall be permitted in
the Annecy Park Condominiums at Waterford Landing Planned Community
Development District.
C.
Dwelling standards.
(1)
Each of the condominium dwelling units within the
development shall have a minimum floor area of not less than 1,400
square feet. Such minimum floor area shall include utility rooms but
shall exclude cellars, basements, open porches, breezeways, garages
and other spaces that are not used frequently or during periods of
unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling
unit shall have two bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have
a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of
four dwelling units shall be allowed within one structure.
D.
Garbage collection. The Village shall provide curbside
garbage collection for all condominium dwelling units in the development.
Each individual owner shall be responsible for meeting all requirements
for garbage collection as from time to time promulgated by the Village.[1]
E.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed
with either Portland cement concrete or asphaltic concrete over an
approved subbase, to depths for each application as established by
the Village Engineer prior to construction.
(2)
Parking shall be limited to driveway approaches and
marked parking stalls within the district. No parking shall be permitted
in or on any other area.
G.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
H.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades for all buildings, parking areas, and landscape areas
on site and showing proposed site drainage plans. Elevation of such
site grading plans shall be based on the Village datum and be approved
by the Village prior to construction.
I.
Developer's agreement.
(1)
The developer, owner, and the Village of Waterford
shall enter into a written developer's agreement, which may be amended
in writing as from time to time required, to address the installation
of all improvements to the site prior to the issuance of building
permits, for the installation of sewer mains, water mains, stormwater
conduits, sewers, detention and retention pond areas, easement accesses,
and walkway, ingress and egress easement rights for the public, which
agreement and any subsequent amendments shall be approved by the Village
of Waterford Plan Commission, Village Board, Village Engineer, and
Village Attorney, and which shall further contain provisions for financial
guarantees for such public improvements, either by letter of credit
in a form approved by the Village Attorney, or in the form of payment
and performance bonds, again in a form approved by the Village Attorney,
and in amounts not less than 115% of the Village Engineer's estimate
of the cost of such improvements. All sanitary sewer, water and stormwater
infrastructure, the gravel base for streets adjacent to the site,
and the site grading of the areas contiguous to and for the benefit
of the building for which the permit is being sought must be completed
and approved by the Village prior to the issuance of any building
permits for development within any area included in any Precise Implementation
Plan, with the following exception: upon application to, and approval
by, the Plan Commission and the Village Board, the developer may obtain
a building permit for one four-family building at the southwest corner
of the Annecy Park Condominiums at Waterford Landing Planned Community
Development District prior to the installation and approval of the
above infrastructure, but only if a graveled emergency service vehicle
access to the site is provided. Occupancy permits may be issued only
upon the completion of the improvements required in the developer's
agreement, including the placement of the first lift of asphalt. The
second lift of asphalt shall be applied within one year of the first
lift, but no later than October 1 of the year following the first
lift, or sooner upon demand by the Village Engineer. All improvements
required within the planned unit development shall be installed at
the developer's expense and pursuant to the terms of the developer's
agreement(s) above referenced.
(2)
In addition to the developer's responsibilities for
bonding the costs anticipated in the construction and installation
of public utility infrastructure and roadways, the developer shall
also be responsible, as part of any agreement entered for such development,
for the deposit of amounts of money necessary to cover the costs,
fees and expenses which are related to the review, professional (legal
and engineering), technical, inspection and administrative work performed
on by or on behalf of the Village in pursuance of such proposed development.
This shall include legal fees incurred in the preparation of the legal
documents leading to any rezoning ordinance, including this section,
and any agreements reached for precise implementation plans submitted
pursuant to this section, together with all such time expended in
the oversight of such development by the Village Attorney, and the
review by the Village Engineer of all plans submitted, and inspection
of such installations, together with time spent in oversight by the
Village Engineer of such development, along with other costs and fees
as set forth in the developer's agreement(s). Such cash deposits shall
be made pursuant to policies established from time to time by the
Village of Waterford and specific language included in developer's
agreement(s) as from time to time entered.
J.
Landscaping. The developer shall provide the Village
with a landscape plan as part of the Precise Implementation Plan for
each phase of construction and a detailed material list, and shall
implement such plan after approval by the Village.
K.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way, the developer shall provide the Village
with easements and dimensions in accordance with the developer's agreement,
such easements shall be maintained free and clear of natural plantings,
accessory outdoor appurtenances or permanent outdoor recreation facilities
and shall be kept free of parked vehicles, so as to allow open and
free access to emergency and utility vehicles as may be from time
to time required.
(2)
The developer shall grant to the Village easements
over and across the private roads in the development, together with
additional easements over and across the aprons abutting the private
roadways for purposes of providing public services, including, but
not limited to, fire, rescue, police protection and garbage collection.
These easements shall be 30 feet in width, with the easement center
line corresponding to the center line of the pavement of the private
roadway. In every instance, easements to be provided shall require
that no obstruction be allowed within the thirty-foot width, no lighting
or other utility poles be erected within the easement area, the owner
or association to be responsible for removing snow accumulations from
the easement area, and no parking of vehicles be allowed within the
easement area.
(a)
The Village shall have the right to tow any
vehicles and similarly remove any other types of personal property
which are located within the easement area after giving a notice of
such encroachment at least six hours prior to the removal of the property
causing the encroachment. This notice shall be given by written citation
placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection K(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection K(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
L.
Private street and drive maintenance. Private off-street
parking areas, walks, and access roads shall be maintained by the
owner so as to provide safe access at all times to all areas of the
development.
M.
Condominium declaration. At the time of recording
the final site plans for the development and recording of the developer's
agreement and prior to commencement of any construction upon the property
hereof, the owner shall submit to the Village a Declaration of Condominium
for review and approval by the Village Attorney. Such declaration
shall be recorded at the office of the Register of Deeds for Racine
County prior to the commencement of construction of the improvements
as herein defined. The following items shall be included to the satisfaction
of the Village Attorney in such condominium declaration:
N.
Termination of Annecy Park Condominiums at Waterford
Landing Planned Community Development District. If no Precise Implementation
Plan has been approved by the Village Board within 12 months of the
execution of the developer's agreement, or if substantial construction
has not begun within 12 months of the approval of a Precise Implementation
Plan for a phase of the development, the Annecy Park Condominiums
at Waterford Landing Planned Community Development District shall
be terminated and this section shall be null and void without further
action by the Plan Commission or the Village Board and all development
in the Annecy Park Condominiums at Waterford Landing Planned Community
Development District shall be governed by the remainder of this section.
The zoning district in effect prior to the creation of the Annecy
Park Condominiums at Waterford Landing Planned Community Development
District shall be reinstated if unit construction is not commenced
on or before July 31, 2001. The criteria to be used in determining
if substantial construction has commenced shall be that the building
foundation of one structure has been completed and capped.
O.
Rezoning effected by passage of this amendment. The
property subject of this Planned Community Development District is
legally described as set forth in Exhibit A attached hereto. Prior
to enactment of this ordinance said real estate described in Exhibit
A maintained a zoning classification of Single Family Residence District,
and, upon passage of this Planned Community Development District ordinance
all real estate above is removed from said single-family residence
district and is, in all respects, subjected to the Planned Community
Development District zoning rules and regulations of the Village of
Waterford Municipal Code and the specific terms and conditions of
this subsection.
P.
Exhibits made a part of this section. The exhibits
herein identified and referred to as Exhibit A (the legal description),
the developer's agreement, and the final site plan each are incorporated
into this section by and through this specific reference, and shall
be kept on file in the office of the Village Clerk and incorporated
herein as though fully set forth, and each of the terms and conditions
of the legal description, the developer's agreement and the plan shall
be enforceable as an element of this chapter and subject to the provisions
for penalties and other legal action as provided by this chapter.
[Amended 11-22-2004 by Ord. No. 467]
[Added 6-14-2000 by Ord. No. 396; amended 5-13-2002 by Ord. No.
421; 6-28-2004 by Ord. No. 456; 1-23-2006 by Ord. No 489; 8-13-2018 by Ord. No. 658; 5-28-2019 by Ord. No. 671]
A.
Permitted uses. Multiple-family residences, business and industrial uses and institutional uses as provided in Village of Waterford Municipal Code §§ 245-20, 245-22 and 245-26.1 and this section, excepting those listed in Subsection B, below, including off-street parking, common green space areas, and easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, together with the necessary support and green space areas, all as to be provided for upon the Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be permitted uses allowed in the Waterford Centre Business/Industrial Planned Community Development District, and, within the District, the land shall be zoned as multiple-family residences, business and industrial or institutional with such permitted uses as follows:
(1)
In the areas zoned business uses:
(a)
Office/hospital/medical care.
(b)
Personal or professional service.
(c)
Artisan studio.
(d)
Indoor sales or service.
(e)
Outdoor display.
(f)
Indoor commercial entertainment.
(g)
Outdoor commercial entertainment.
(h)
In-vehicle sales or service.
(i)
Commercial indoor lodging.
(j)
Group day-care center.
(k)
Commercial small animal boarding.
(l)
Indoor maintenance service.
(m)
Outdoor maintenance service.
(n)
Vehicle sales.
(o)
Truck-trailer rental establishment.
(p)
Vehicle towing establishment.
(q)
Business or light industrial incubator.
(2)
In the areas zoned industrial uses:
(a)
Light industrial.
(b)
Heavy industrial.
(c)
Production greenhouse.
(d)
Indoor food production.
(e)
Indoor storage and wholesaling.
(f)
Multipurpose business storage.
(g)
Outdoor storage and wholesaling.
(h)
Personal storage facility.
(i)
Transit center.
(j)
Distribution center.
(k)
Freight terminal.
(l)
Off-site parking.
(3)
In the areas zoned institutional uses, business and commercial and
business and industrial zones, as follows:
B.
Uses not permitted.
(1)
(Reserved)
(2)
No service, filling station or auto repair shop shall be allowed
unless its primary business is the service of automobiles and not
tractor-trailers; and the use conforms with the wellhead protection
requirements of the DNR;
(3)
Any and all signage shall be subject to a determination as to the specific uses that apply to each part of the District per the provisions of the Village of Waterford Municipal Code § 245-33;
(4)
No trucking company or motor freight company shall be allowed;
(5)
No heavy manufacturing uses shall be allowed, such as acid, ammonia,
bleach or soap manufacture; ammunition manufacture; explosives or
fireworks manufacture or storage; asphalt, coal and coal tar or coke
manufacture; distillation of bones; cement, lime, gypsum or plaster
of Paris manufacture; fat rendering; garbage, rubbish, offal or dead
animal reduction or dumping; gelatin, glue or size manufacture; manufacture,
refinement or storage of inflammable gases or liquids; overground
tank farms; slaughterhouses; stockyards; or smelting facilities;
(6)
No automobile wrecking yard, junkyard, or salvage yard shall be allowed;
(7)
No mini-warehousing uses shall be allowed;
(8)
Adult bookstores and adult-only video stores;
(9)
Tattoo and/or body-piercing establishments;
C.
Special uses, limitation on permitted uses.
(1)
The uses permitted by this section may be further limited in accordance
with any wellhead protection ordinance that is duly enacted by the
Village Board.
(2)
Whereas the District is substantially coextensive with the boundaries
of Tax Increment District No. 3 of the Village of Waterford ("TID
No. 3"), so long as TID No. 3 is in existence, no tax-exempt ownership
or use shall be permitted within said TID No. 3 (except for those
parcels designated as "Well Sites or Lift Station" on the attached
Land Use Map[1]), and the land and all buildings and improvements on the
land located within said TID No. 3 shall be owned and used in such
a way as to be fully assessable and taxable for real estate tax and
special assessment purposes.
[1]
Editor's Note: The Land Use Map is on file in the Village
offices.
(3)
In the area zoned Multiple-Family Residences on the attached Land
Use Map, in addition to the uses permitted in Business and Industrial
and Business and Commercial zoned areas as established in this section,
multifamily dwelling units may be constructed, used and occupied,
provided that the following conditions are met prior to the approval
of a Precise Implementation Plan for the development of said residential
units:
(a)
At the time a Precise Implementation Plan is presented for the
residential units for approval by the Plan Commission, a separate
developer's agreement and covenants will be presented for approval
by the Plan Commission and Village Board.
(b)
Impact fees for parks, library, fire protection, and local and
regional utilities and as may be adopted in the future shall be imposed
on each constructed dwelling unit in the project.
(c)
At the time a Precise Implementation Plan is presented for approval
by the Plan Commission, the developer will have the rental restriction
language prepared for approval by the Plan Commission. The developer
will produce evidence that said language regarding the rental restriction
has been recorded as a deed restriction before the first building
permit for the project is issued.
E.
Submission of Precise Implementation Plans. In addition to the plans and related detailed documents and schedule requirements in the Village of Waterford Municipal Code § 245-65F, additional plans, drawings, diagrams and documents required for application plans, as set forth within said ordinance shall be submitted to the Plan Commission as part of a Precise Implementation Plan and application procedure.
F.
Site restrictions and building standards. Those requirements as shown in the General Development Plan, Village of Waterford Municipal Code § 245-65, shall be complied with.
G.
Off-Street automobile parking facilities. All parking areas within
this district shall be constructed with either cement concrete or
asphaltic concrete over an approved subbase, to depths for each application
as established by the Village Engineer prior to construction, giving
consideration to the anticipated traffic flow and nature of vehicles
to be serviced by said facilities.
H.
Electric and telephone service. All electric, fiber optic and cable
wires or cables, including cable television services, shall be installed
underground within the boundaries of the development.
I.
Developer's agreement. The developer, owner, community development
authority and Village of Waterford shall enter into a written developer's
agreement.
J.
Easements.
(1)
In all areas where public utilities are located outside of the public
rights-of-way, the developer shall provide the Village with easements;
such easements shall be maintained free and clear of natural plantings;
accessory outdoor appurtenances or permanent outdoor recreation facilities
and shall be kept free of parked vehicles, so as to allow open and
free access to emergency vehicles as may be from time to time required.
(2)
The developer shall grant to the Village easements over and across
the private roads in the development together with additional easements
over and across the aprons abutting the private roadways for purposes
of providing public services, including, but not limited to, fire,
rescue, police protection and garbage/recycling collection. These
easements shall be 30 feet in width, with the easement center line
corresponding to the center line of the pavement of the private roadway.
In every instance, easements to be provided shall require that no
obstruction be allowed within the thirty-foot width, no lighting or
other utility poles be erected within the easement area, the owner
or association to be responsible for removing snow accumulations from
the easement area, and no parking of vehicles be allowed within the
easement area.
(a)
The Village shall have the right to tow any vehicles and similarly
remove any other types of personal property which are located within
the easement area after giving notice of such encroachment. This notice
shall be given by written citation placed upon the vehicle or other
encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the owner of the development or the parcel.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be impoundment and the collection of the costs above defined, including actual attorneys' fees and costs, plus $100 to defray administrative expenses in enforcement of this subjection.
K.
Private streets and drive maintenance. Private off-street parking
areas, walks, and access roads shall be maintained by the owner so
as to provide safe access at all times to all areas of the development.
[Added 12-10-2001 by Ord. No. 417]
A.
Permitted use: commercial structures as provided in
Village of Waterford Municipal Code § 245-21A(19) and this
section, except those listed below, including off-street parking and
easement areas for public utilities and stormwater drainage installations
as contained in the General Development Plan and deed restrictions,
together with the necessary support and green space areas, all as
to be provided for upon the Precise Implementation Plan to be submitted
and which will remain on file with the Village of Waterford. The permitted
use identified in this subsection shall be the only permitted use
allowed in the Waterford Hotel Partners Commercial Planned Community
Development District.
B.
C.
Green space preservation. No use other than recreational
and landscaping shall be permitted in the area dedicated to green
space as finally approved in the Precise Implementation Plan.
D.
Special uses. No special uses shall be permitted in
the Waterford Hotel Partners Commercial Planned Community Development
District.
F.
Building standards. Each structure constructed within
the district shall be constructed to Building Code requirements as
contained within this Code[2] and within the Administrative Code of the State of Wisconsin
where applicable.
G.
Off-street automobile parking facilities.
(1)
The Waterford Hotel Partners Commercial Planned Unit Development shall be exempt from the requirements of § 245-64C of this Code upon the fulfillment of the following conditions:
(a)
The number and size of parking spaces ultimately
approved as part of the Precise Implementation Plan for this development
shall be maintained for the life of the development; and
(b)
The developer shall enter into a long-term lease
providing spaces for overflow parking on a commercial property in
the vicinity of the development, which lease shall run with the land,
shall be in recordable form, and shall be recorded.
(2)
All parking areas within this district shall be constructed
with either Portland cement concrete or asphaltic concrete over an
approved subbase, to depths for each application as established by
the Village Engineer prior to construction, giving consideration to
the anticipated traffic flow and nature of vehicles to be serviced
by said facilities.
H.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
I.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades for all buildings, parking areas, and landscape areas
on site and showing proposed site drainage plans. Elevation of such
site grading plans shall be based on the Village datum and be approved
by the Village prior to construction.
J.
Developer's guarantees. The developer shall be responsible
for the deposit of the amounts of money necessary to cover the costs,
fees and expenses which are related to the review, professional (legal
and engineering), technical, inspection and administrative work performed
on by or on behalf of the Village in pursuance of such proposed development.
This shall include legal fees incurred in the preparation of the legal
documents leading to any rezoning ordinance, including this section,
and any agreements reached for precise implementation plans submitted
pursuant to this section, together with all such time expended in
the oversight of such development by the Village Attorney, and the
review by the Village Engineer of all plans submitted, and inspection
of such installations, together with time spent in oversight by the
Village Engineer of such development. Such cash deposits shall be
made pursuant to policies established from time to time by the Village
of Waterford.
K.
Sidewalks, landscaping and fence.
(1)
The developer shall construct four-foot-wide concrete sidewalks to a permanent line and grade, pursuant to § 235-21 of this Municipal Code, in the public rights-of-way along the southerly and easterly property lines of the development. No occupancy permit shall be granted prior to the completion of the required sidewalks.
(2)
The developer shall provide the Village with a landscape
plan as part of the Precise Implementation Plan for each phase of
construction and a detailed material list, and shall implement and
maintain such plan after approval by the Village.
(3)
The developer shall build and maintain a privacy fence
and/or privacy fence-retaining wall combination at least eight feet
in height which shall run along the westerly property line of the
development pursuant to the site plan. The fence shall be maintained
for the life of the zoning district.
L.
Easements. The developer shall grant to the Village
easements over and across the private roads and off-street parking
areas in the development, together with additional easements over
and across the aprons abutting the private roadways for purposes of
providing public services, including, but not limited to, fire, rescue,
police protection and garbage collection. In every instance, easements
to be provided shall require that no obstruction be allowed within
its width, no lighting or other utility poles be erected within the
easement area, the owner to be responsible for removing snow accumulations
from the easement area, and no parking of vehicles be allowed within
the easement area.
(1)
The Village shall have the right to tow any vehicles
and similarly remove any other types of personal property which are
located within the easement area after giving a notice of such encroachment
at least six hours prior to the removal of the property causing the
encroachment. This notice shall be given by written citation placed
upon the vehicle or other encroaching property.
(2)
In the event the Village must remove personal property from the easement area pursuant to Subsection L(1) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development.
(3)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection L(1) and (2) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
M.
Private street and drive maintenance. Private off-street
parking areas, walks, and access roads shall be maintained by the
owner so as to provide safe access at all times to all times to all
areas of the development.
N.
Termination of Waterford Hotel Partners Commercial
Planned Community Development District. If no Precise Implementation
Plan has been approved by the Village Board within 12 months of the
execution of the developer's agreement, or if substantial construction
has not begun within 12 months of the approval of a Precise Implementation
Plan for a phase of the development, the Waterford Hotel Partners
Commercial Planned Community Development District shall be terminated,
and there shall be a stay on the development of the property, and
the Plan Commission and the Village Board shall have 150 days during
which no plats, General Development Plans, or Precise Implementation
Plans shall be submitted for approval wherein the Village may act
to rezone the property. The criteria to be used in determining if
substantial construction has commenced shall be that the building
foundation of the structure has been completed and capped.
O.
Rezoning effected by passage of this amendment. The
property subject of this planned community development district is
legally described as follows: Parcel 3 of Certified Survey Map No.
1720, recorded in Volume 5 of Certified Survey Maps of Racine County,
on pages 256-261 as Document No. 1481697, located in the Village of
Waterford, Racine County, Wisconsin.
[1]
Editor's Note: Former § 245-76, Fairview
Marketplace Planned Community Development District, added 5-24-2004
by Ord. No. 453, as amended, was repealed 6-25-2007 by Ord. No. 516.
[Added 1-24-2005 by Ord. No. 470]
A.
Permitted and conditional uses.
(1)
The permitted uses in this mixed use planned community
development district shall be:
(a)
Multiple-family residences as set forth in § 245-20 of this chapter, but said multiple-family residential use shall be limited to senior housing (assisted living and apartments) and residential condominiums; provided, however, that said restriction shall not apply on the land included in Tracts A and B shown on the General Development Plan; and
[Amended 3-13-2017 by Ord. No. 649]
(c)
Improvements related to the permitted uses,
including off-street parking, on-street parking as permitted herein,
common green space areas, recreational areas, easement areas for public
utilities and stormwater drainage installations as contained in the
developer's agreement and deed restrictions, and related accessory
uses, all as contained in the General Development Plan and Precise
Implementation Plans as from time to time submitted and which will
remain on file with the Village of Waterford.
(2)
The permitted uses identified in this subsection shall
be the only permitted uses allowed in Trailview Planned Community
Development District.
(3)
Conditional
uses.
[Added 1-12-2009 by Ord. No. 536[1]]
(a)
The conditional uses permitted in this mixed-use planned community development district shall be light manufacturing, light industrial and related uses allowed in the Business and Industrial District as provided in § 245-22A, when those uses are of a limited nature and size and where relative proximity to other uses requires restrictive regulation, and do not include those listed in Subsection A(3)(d) below. Residential uses otherwise prohibited by § 245-22A shall be considered permitted uses only to the extent allowed in § 245-77A(1)(a).
[Amended 8-13-2018 by Ord. No. 658]
(b)
The Plan Commission, in approving or disapproving proposed locations
for conditional uses under this subsection, shall give due consideration
to the character and suitability for development in the neighborhood
in which any such use is proposed to be located and shall also base
its decision on such evidence as may be presented to the Plan Commission
regarding the attributes of the proposed use, such as increased traffic
on the public streets, heavy vehicular traffic, and the emission of
noise, smoke, dust or dirt, odorous or noxious gases, and the like
that would be detrimental to the character and suitability of the
district.
(c)
Improvements related to the conditional uses, including off-street
parking, on-street parking as permitted herein, common green space
areas, recreational areas, easement areas for public utilities and
stormwater drainage installations as contained in the developer’s
agreement and deed restrictions, and related accessory uses, all as
contained in the General Development Plan and Precise Implementation
Plans as from time to time submitted and which will remain on file
with the Village of Waterford. The conditional uses identified in
this subsection shall be the only conditional uses allowed in Trailview
Planned Community Development District.
(d)
Conditional uses not permitted:
[1]
No trucking company or motor freight company shall be allowed;
[2]
No heavy manufacturing uses shall be allowed, such as acid, ammonia,
bleach or soap manufacture; ammunition manufacture; explosives or
fireworks manufacture or storage; asphalt, coal and coal tar or coke
manufacture; distillation of bones; cement, lime, gypsum or plaster
of paris manufacture; fat rendering; garbage, rubbish, offal or dead
animal reduction or dumping; gelatin, glue or size manufacture; manufacture,
refinement or storage of inflammable gases or liquids; overground
tank farms; slaughterhouses; stockyards; or smelting facilities;
[3]
No automobile wrecking yard, junkyard, or salvage yard shall be allowed.
[4]
No mini-warehousing uses shall be allowed.
[5]
No adult establishments, adult bookstores or adult-only video stores.
[6]
No tattoo and/or body-piercing establishments.
B.
Special uses not allowed; limitation on allowed uses.
[Amended 1-12-2009 by Ord. No. 536]
(1)
No special uses as set forth in § 245-10I
shall be allowed in the Trailview Planned Community Development District.
(2)
Whereas the Trailview Planned Community Development
District lies for the most part within the amended boundaries of Tax
Increment District No. 2 of the Village of Waterford ("TID No. 2"),
so long as TID No. 2 is in existence, no tax-exempt ownership or use
shall be permitted within this district (except for those parcels
or areas of the district excluded from TID No. 2 as wetlands), and
the land and all of the buildings and improvements on the land shall
be owned and used in such a way as to be fully assessable and taxable
for real estate tax and special assessment purposes, unless a payment
in lieu of taxes (PILOT) is made by the owner and user as set forth
in the developer's agreement. Those outlots held in undivided ownership
by the parcel owners of the development and taxed to said parcel owners
shall not be considered tax exempt hereunder.
C.
Building standards. Each structure constructed within
the district shall be constructed to Building Code requirements as
contained within this Code[2] and within the Administrative Code of the State of Wisconsin where applicable. Modification of the building height, size of living area, lot area per family and yard requirements found in § 245-20 of this Municipal Code may be allowed by the Plan Commission when the use of the building is a permitted use herein.
[2]
Editor's Note: See Ch. .98, Building, Plumbing,
Electrical and Mechanical Codes.
D.
Garbage collection. Garbage collection shall be provided to the users within the district based upon the standards and regulations of the Village as may be amended from time to time. See Chapter 186, Solid Waste, Article I, of this Code. The Village shall provide curbside garbage collection for all condominium dwelling units in the development. Each individual owner shall be responsible for meeting all requirements for garbage collection as from time to time promulgated by the Village.
E.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed
with either Portland cement concrete or asphaltic concrete over an
approved subbase, to depths for each application as established by
the Village Engineer prior to construction.
(2)
Parking shall be allowed on public streets within the development unless specifically restricted by the Village pursuant to Chapter 207, Traffic and Parking, of the Village of Waterford Municipal Code. In all other areas of the development, parking shall be limited to driveway approaches and marked parking stalls within the district. No parking shall be permitted in or on any other area.
F.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades for all buildings, parking areas, and landscape areas
on site and showing proposed site drainage plans. Elevation of such
site grading plans shall be based on the Village datum and be approved
by the Village prior to construction.
H.
Developer's agreement. The developer, owner, Village of Waterford Community Development Authority and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site and financial guarantees by the developer pursuant to § 235-19D of this Municipal Code, or by the Village pursuant to the Tax Increment Financing Project Plan for the Boundary and Project Plan Amendment to Tax Incremental Financing District No. 2 (hereinafter "Project Plan Amendment"), along with the issuance of building and occupancy permits. Despite the requirements of § 235-19D of this Municipal Code, the Village may make public improvements to the development if those improvements are made pursuant to the Project Plan Amendment. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village of Waterford Community Development Authority, Village Board, Village Engineer, and Village Attorney.
I.
Landscaping. The developer shall provide the Village
with a landscape plan as part of the Precise Implementation Plan for
each phase of construction and a detailed material list, and shall
implement such plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way, the developer shall provide the Village
with easements in dimensions in accordance with the developer's agreement.
Except as noted herein, such easements shall be maintained free and
clear of natural plantings, accessory outdoor appurtenances (mailboxes,
however, shall be allowed) or permanent outdoor recreation facilities
and shall be kept free of parked vehicles, so as to allow open and
free access to emergency and utility vehicles as may be from time
to time required. In areas where utility or future public right-of-way
easements (except stormwater easements) are granted to the Village,
a landowner may install landscaping pursuant to a plan that excludes
trees and is approved by the Plan Commission and the Village of Waterford
Department of Public Works; however, that landscaping shall be installed
at the developer's or landowner's expense, and in the event that the
landscaping is removed or damaged by the Village pursuant to its rights
under the easement, the developer or landowner shall be responsible
for all costs related to removal and/or restoration of said landscaping.
(2)
The developer shall grant to the Village easements
over and across the private roads in the development, together with
additional easements over and across the aprons abutting the private
roadways for purposes of providing public services, including, but
not limited to, fire, rescue, police protection and, where applicable,
garbage collection. These easements shall be 32 feet in width, with
the easement center line corresponding to the center line of the pavement
of the private roadway. In every instance, easements to be provided
shall require that no obstruction be allowed within the thirty-two-foot
width, no lighting or other utility poles (except mailboxes) be erected
within the easement area, the owner or association to be responsible
for removing snow accumulations from the easement area, and no parking
of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any
vehicles and similarly remove any other types of personal property
which are located within the easement area after giving a notice of
such encroachment at least six hours prior to the removal of the property
causing the encroachment. This notice shall be given by written citation
placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street
parking areas, walks, and access roads shall be maintained by the
owner so as to provide safe access at all times to all areas of the
development.
L.
Condominium declaration. At the time of recording
the final site plans for the condominium phase of the development
and prior to commencement of any construction upon the property thereof,
the owner shall submit to the Village a Declaration of Condominium
for review and approval by the Village Attorney. Such declaration
shall be recorded at the office of the Register of Deeds for Racine
County prior to the sale of or issuance of an occupancy permit for
the condominium improvements. The following items shall be included
to the satisfaction of the Village Attorney in such condominium declaration:
M.
Termination of Trailview Planned Community Development
District. If no Precise Implementation Plan has been approved by the
Village Board within 18 months of the execution of the developer's
agreement, or no Precise Implementation Plan for a subsequent phase
of the development is submitted by the developer within 36 months
of the execution of the developer's agreement, or if substantial construction
has not begun within 12 months of the approval of a Precise Implementation
Plan for a phase of the development, the Trailview Planned Community
Development District, there shall be a stay on the development of
the property, and the Village Board shall have 150 days during which
no plats or certified survey maps shall be submitted for approval
wherein the Village may act to rezone the property.
N.
Rezoning effected by passage of this amendment. The
property subject of this planned community development district is
legally described as set forth in Exhibit A attached hereto.[3] Prior to enactment of this section, said real estate described
in Exhibit A maintained zoning classifications of Industrial, Business
or Single Family Residence District, and, upon passage of this planned
community development district section, all real estate above is removed
from said previous districts and is, in all respects, subjected to
the planned community development district zoning rules and regulations
of the Village of Waterford Municipal Code and the specific terms
and conditions of this section.
[3]
Editor's Note: Exhibit A is on file in the
Village offices.
O.
Exhibits made a part of this section. The exhibits
herein identified and referred to as Exhibit A (the legal description),
the developer's agreement, and the General Development Plan each are
incorporated into this section by and through this specific reference,
and shall be kept on file with the Village of Waterford and incorporated
herein as though fully set forth, and each of the terms and conditions
of the legal description, the developer's agreement and the plan shall
be enforceable as an element of this chapter and subject to the provisions
for penalties and other legal action as provided by this chapter.
P.
Recording. Except as provided in Subsection L, no building permit for construction in a particular phase of the development shall be granted until the recording of those documents referenced herein which are indicated as subject of recordation in the Register of Deeds Office for Racine County, Wisconsin for that phase of the development.
[Added 5-24-2004 by Ord. No. 454]
A.
Permitted uses: business structures and multiple-family residence structures as provided in Village of Waterford Municipal Code §§ 245-20A and 245-21A and this section, except those listed below, including off-street parking and easement areas for public utilities and stormwater drainage installations as contained in the General Development Plan and deed restrictions, together with the necessary support and green space areas, all as to be provided for upon several Precise Implementation Plans to be submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be the only permitted uses allowed in the Fairview Station Planned Community Development Business District.
[Amended 1-23-2006 by Ord. No. 489; 1-26-2015 by Ord. No. 623]
B.
Uses not permitted.
(1)
No tavern shall be allowed unless it is a nationally
or regionally franchised tavern and restaurant combination; however,
this restriction shall not apply in cases where the sale of alcoholic
beverages is ancillary to another commercial recreational facility
use.
(3)
No light manufacturing, fabricating or assembling
businesses shall be allowed.
(4)
No trucking company or motor freight company shall
be allowed.
(5)
No uses similar in character to a permitted use, or
for the manufacture or treatment of products incidental to a permitted
use, or accessory to a permitted use, shall be allowed without a conditional
use permit.
C.
Green space preservation. No use other than recreational
and landscaping shall be permitted in an area dedicated to green space
as finally approved in a Precise Implementation Plan.
D.
Special uses. No special uses shall be permitted in
the Fairview Station Planned Community Development Business District.
F.
Building standards. Each structure constructed within
the district shall be constructed to Building Code requirements as
contained within this Code[2] and within the Administrative Code of the State of Wisconsin
where applicable.
G.
Off-street automobile parking facilities.
(1)
The number and size of parking spaces ultimately approved as part of a Precise Implementation Plan for this development shall be maintained for the life of the development, and the development shall be exempt from the requirements of § 245-64C of this Code.
(2)
All parking areas within this district shall be constructed
with either cement concrete or asphaltic concrete over an approved
subbase, to depths for each application as established by the Village
Engineer prior to construction, giving consideration to the anticipated
traffic flow and nature of vehicles to be serviced by said facilities.
H.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
I.
Detailed site grading plans. Detailed site grading
plans shall be submitted to the Village for approval showing proposed
finished grades for all buildings, parking areas, and landscape areas
on site and showing proposed site drainage plans. Elevation of such
site grading plans shall be based on the Village datum and be approved
by the Village prior to construction.
J.
Developer's agreement. The developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site prior to the issuance of building permits, for the installation of sewer mains, water mains, stormwater conduits, sewers, detention and retention pond areas, easement accesses, and ingress and egress easement rights for the public, which agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney, and which shall further contain provisions for financial guarantees for such public improvements as set forth in § 235-19D(4) of this Municipal Code, in a form approved by the Village Attorney, and in amounts not less than 115% of the Village Engineer's estimate of the cost of such improvements. All sanitary sewer, water, and stormwater infrastructure must be installed and inspected by the Village Engineer prior to the issuance of any building permits for development within any area included in any precise implementation plan. Building permits may thereafter be issued upon the placement of first lift of asphalt, with second lifts of asphalt to be applied within one year of the first lift, but no later than October 1 of the year following the first lift, or sooner upon demand by the Village Engineer. All improvements required within the Planned Unit Development shall be installed at the developer's expense and pursuant to the terms of the developer's agreement(s) above referenced. In addition to the developer's responsibilities for guaranteeing the costs anticipated in the construction and installation of public utility infrastructure and roadways, the developer shall also be responsible, as part of any agreement entered for such development, for the deposit of amounts of money necessary to cover the costs, fees and expenses which are related to the review, professional (legal and engineering), technical, inspection and administrative work performed on by or on behalf of the Village in pursuance of such proposed development. This shall include legal fees incurred in the preparation of the legal documents leading to any rezoning ordinance, including this section, and any agreements reached for precise implementation plans submitted pursuant to this section, together with all such time expended in the oversight of such development by the Village Attorney, and the review by the Village Engineer of all plans submitted, and inspection of such installations, together with time spent in oversight by the Village Engineer of such development, along with other costs and fees as set forth in the developer's agreement(s). Such cash deposits shall be made pursuant to policies established from time to time by the Village of Waterford and specific language included in developer's agreement(s) as from time to time entered.
K.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way, the developer shall provide the Village
with easements and dimensions in accordance with the developer's agreement,
such easements shall be maintained free and clear of natural plantings,
accessory outdoor appurtenances or permanent outdoor recreation facilities,
so as to allow open and free access by emergency vehicles as may be
from time to time required.
[Amended 4-24-2006 by Ord. No. 496]
(2)
The developer shall grant to the Village easements
over and across the private roads in the development, together with
additional easements over and across the aprons abutting the private
roadways for purposes of providing public services, including, but
not limited to, fire, rescue, police protection and garbage collection.
These easements shall be in a width established in the developer's
agreement, with the easement center line corresponding to the center
line of the pavement of the private roadway. In every instance, easements
to be provided shall require that no obstruction be allowed, except
the planting of street trees, within the applicable width, no lighting
or other utility poles be erected within the easement area, the owner
or association to be responsible for removing snow accumulations from
the easement area, and no parking of vehicles be allowed within the
easement area.
(a)
The Village shall have the right to tow any
vehicles and similarly remove any other types of personal property
which are located within the easement area after giving a notice of
such encroachment at least six hours prior to the removal of the property
causing the encroachment. This notice shall be given by written citation
placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection K(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection K(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
L.
Sidewalks and landscaping.
(1)
The developer shall construct four-foot-wide concrete sidewalks to a permanent line and grade, pursuant to § 235-21 of this Municipal Code, in conformance with the developer's agreement and with Precise Implementation Plans as approved by the Plan Commission. No occupancy permit shall be granted prior to the completion of the required sidewalks in each phase of the development. If, in the future, the Village requires additional sidewalk installation, it may proceed with the planning and construction of sidewalks with payment therefor by special assessment against the individual property owners at the time of construction.
(2)
The developer shall provide the Village with a landscape
plan as part of each Precise Implementation Plan for each phase of
construction and a detailed material list, and shall implement and
maintain such plan after approval by the Village.
M.
Private street and drive maintenance. Private off-street
parking areas, walks, and access roads shall be maintained by the
owner so as to provide safe access at all times to all areas of the
development.
O.
The property subject of this Planned Community Development
District is legally described in Ordinance No. 454, on file at the
Village Hall.
[Amended 1-23-2006 by Ord. No. 489; 1-23-2006 by Ord. No.
490]
[Added 3-27-2006 by Ord. No. 483]
A.
Permitted uses: A total of 20 structures, each containing
two residential living units with related improvements, including
off-street parking, common green space areas, recreational areas,
easement areas for public utilities and stormwater drainage installations
as contained in the developer's agreement and deed restrictions, and
related accessory uses, all as contained in the General Development
Plan and the Precise Implementation Plan which will remain on file
with the Village of Waterford. The permitted uses identified in this
subsection shall be the only permitted uses allowed in the Woodfield
Condominium Planned Community Development District.
B.
Special uses. No special uses shall be permitted in
the Woodfield Condominium Planned Community Development District.
C.
Dwelling standards.
(1)
Each of the condominium dwelling units within the
development shall have a minimum floor area of not less than 1,300
square feet. Such minimum floor area shall include utility rooms but
shall exclude cellars, basements, open porches, breezeways, garages
and other spaces that are not used frequently or during periods of
unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling
unit shall have two bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have
a minimum of two full bathrooms.
(4)
Number of dwelling units per building. A maximum of
two dwelling units shall be allowed within one structure.
D.
Garbage collection. The Village shall provide curbside
garbage collection for all condominium dwelling units in the development.
Each individual owner shall be responsible for meeting all requirements
for garbage collection as from time to time promulgated by the Village.
E.
Building standards.
(1)
Each structure constructed within the district shall
be constructed to building code requirements as contained within this
Code and within the Administrative Code of the State of Wisconsin
where applicable.
(2)
Enclosed parking. Each condominium unit located in
the development shall have an attached two-car garage.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed
with either cement concrete or asphaltic concrete over an approved
sub-base, to depths for each application as established by the Village
Engineer prior to construction.
(2)
Parking shall be limited to driveway approaches and
marked parking stalls within the district. No parking shall be permitted
in or on any other area.
G.
Electric and telephone service. All electric and telephone
service wires or cables, including cable television services, shall
be installed underground within the boundaries of the development.
H.
Detailed site grading plan. A detailed site grading
plan shall be submitted to the Village for approval showing proposed
finished grades for all buildings, parking areas, and landscaped areas
on site and showing proposed site drainage plans. Elevation of such
site grading plans shall be based on the Village datum and be approved
by the Village prior to construction.
I.
Developer's agreement. The developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site, inclusive of the provision of financial guarantees and a cash deposit in the amount necessary to cover the Village's costs related to said development, meeting the requirements of § 235-19D of this Code. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney.
J.
Landscaping. The developer shall provide the Village
with a landscape plan as part of the Precise Implementation Plan and
a detailed material list, and shall implement such plan after approval
by the Village.
K.
Easements.
(1)
In all areas where public utilities are located outside
of the Village rights-of-way, the developer shall provide the Village
with easements and dimensions in accordance with the developer's agreement,
such easements shall be maintained free and clear of natural plantings,
accessory outdoor appurtenances or permanent outdoor recreation facilities
and shall be kept free of parked vehicles, so as to allow open and
free access to emergency and utility vehicles as may be from time
to time required.
(2)
The developer shall grant to the Village easements
over and across the private roads in the development together with
additional easements over and across the aprons abutting the private
roadways for purposes of providing public services, including, but
not limited to, fire, rescue, police protection, pedestrian access,
and garbage collection. These easements shall be 31 feet in width,
with the easement center line corresponding to the center line of
the pavement of the private roadway. In every instance, easements
to be provided shall require that no obstruction be allowed within
the thirty-one-foot width, no lighting or other utility poles be erected
within the easement area, the owner or association to be responsible
for removing snow accumulations from the easement area, and no parking
of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any
vehicles and similarly remove any other types of personal property
which are located within the easement area after giving a notice of
such encroachment at least six hours prior to the removal of the property
causing the encroachment. This notice shall be given by written citation
placed upon the vehicle or other encroaching property. In cases of
emergency, no such notice shall be required.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection K(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the property owner or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection K(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
L.
Private street and drive maintenance. Private off-street
parking areas, walks, and access roads shall be maintained by the
owner so as to provide safe access at all times to all areas of the
development.
M.
Condominium declaration. At the time of recording
the final site plans for the development and prior to commencement
of any construction upon the property hereof, the owner shall submit
to the Village a Declaration of Condominium for review and approval
by the Village Attorney. Such declaration shall be recorded at the
Office of the Register of Deeds for Racine County prior to the commencement
of construction of the improvements as herein defined. The following
items shall be included to the satisfaction of the Village Attorney
in such condominium declaration:
N.
Termination of Woodfield Condominium Planned Community
Development District. If substantial construction has not begun within
12 months of the approval of the Precise Implementation Plan for the
development, the Woodfield Condominium Planned Community Development
District shall be terminated and this subsection shall be null and
void without further action by the Plan Commission or the Village
Board, the zoning district in effect prior to the creation of the
Woodfield Condominium Planned Community Development District shall
be reinstated and the Village Board may act to rescind the developer's
agreement. The criteria to be used in determining if substantial construction
has commenced shall be that the building foundation of one structure
has been completed and capped.
O.
Rezoning effected by passage of this amendment. The
property subject of this Planned Community Development District is
legally described as:
|
Being a part of the NW 1/4 of the NW 1/4, Section
35, Township 4 North, Range 19 East, Village of Waterford, Racine
County, Wisconsin.
| |
|
Commencing at the Northwest corner of said Section
35; thence S.00°09'07"W., along the west line of said NW 1/4,
a distance of 532.04 feet; thence S.89°50'53"E., a distance of
38.52 feet to the point of beginning of the hereinafter described
lands; thence S.74°39'34"E., a distance of 19.73 feet; thence
S.89°59'32"E., a distance of 53.12 feet; thence S.77°47'30"E.,
a distance of 56.94 feet; thence S.89°58'36"E., a distance of
276.39 feet; thence N.41°55'42"E., a distance of 17.96 feet; thence
S.45°45'08"E., a distance of 33.18 feet; thence N.89°48'43"E.,
a distance of 99.73 feet; thence S.00°11'17"E., a distance of
601.31 feet; thence S.86°31'08"W., a distance of 554.16 feet;
thence N.00°25'08"E., a distance of 427.56 feet; thence N.02°02'28"E.,
a distance of 234.39 feet to the point of beginning. Said lands contain
344,801 square feet (7.92 acres).
| |
|
Prior to enactment of this ordinance, a majority of the southerly portion of said real estate maintained a zoning classification of Single Family Residence District, and the northernmost portion of said land was zoned as part of the Fairview Station Planned Community Development District, set forth in § 245-78O of this Code (as amended by Ordinance 490), and upon passage of this Planned Community Development District ordinance all real estate above is removed from said districts and is, in all respects, subjected to the Planned Community Development District zoning rules and regulations of the Code of the Village of Waterford and the specific terms and conditions of this subsection.
|
P.
Exhibits made a part of this section. The exhibits
herein identified and referred to as the developer's agreement and
the final site plan each are incorporated into this subsection by
and through this specific reference, and shall be kept on file in
the office of the Village Clerk and incorporated herein as though
fully set forth, and each of the terms and conditions of the developer's
agreement and the plan shall be enforceable as an element of this
chapter and subject to the provisions for penalties and other legal
action as provided by this chapter.
[Added 3-22-2010 by Ord. No. 550]
A.
Permitted uses. The permitted uses in this mixed-use planned community
development district shall be:
(2)
Improvements related to the permitted uses, including off-street
parking, common green space areas, recreational areas, easement areas
for public utilities and stormwater drainage installations as contained
in the developer's agreement and deed restrictions, and related accessory
uses, all as contained in the General Development Plan and Precise
Implementation Plans as from time to time submitted and which will
remain on file with the Village of Waterford.
(3)
The permitted uses identified in this subsection shall be the only
permitted uses allowed in the Fluegge Planned Community Development
District.
B.
Uses not permitted; limitation on permitted uses.
(1)
No residential use is allowed.
(2)
No special uses as set forth in § 245-10I are allowed in
the Fluegge Planned Community Development District.
(3)
No outside sales are allowed, unless those sales are in participation
in an area-wide event such as a "sidewalk sale," or unless the Plan
Commission specifically approves those sales as part of a Precise
Implementation Plan. No tents, trailers or similar structures may
be placed in the district for the purpose of conducting any sales.
[Amended 7-23-2012 by Ord. No. 590]
(4)
Green space preservation. No use other than recreational and landscaping
shall be permitted in an area dedicated to green space as finally
approved in a Precise Implementation Plan.
(5)
Whereas the Fluegge Planned Community Development District lies for
the most part within the amended boundaries of Tax Increment District
No. 2 of the Village of Waterford ("TID No. 2"), so long as TID No.
2 is in existence, no tax-exempt ownership or use shall be permitted
within this district, and the land and all of the buildings and improvements
on the land shall be owned and used in such a way as to be fully assessable
and taxable for real estate tax and special assessment purposes, unless
a payment in lieu of taxes (PILOT) is made by the owner and user as
set forth in the developer's agreement. Those outlots held in undivided
ownership by the parcel owners of the development and taxed to said
parcel owners shall not be considered tax exempt hereunder.
C.
Conditional uses. The conditional uses identified in this subsection
shall be the only conditional uses allowed in Fluegge Planned Community
Development District.
(1)
The conditional uses permitted in this mixed-use planned community development district shall be light manufacturing, light industrial and related uses allowed in the Business and Industrial District as provided in § 245-22A, when those uses are of a limited nature and size and where relative proximity to other uses requires restrictive regulation, and do not include those listed in Subsection C(4) below.
[Amended 8-13-2018 by Ord. No. 658]
(2)
The Plan Commission, in approving or disapproving proposed locations
for conditional uses under this subsection, shall give due consideration
to the character and suitability for development in the neighborhood
in which any such use is proposed to be located and shall also base
its decision on such evidence as may be presented to the Plan Commission
regarding the attributes of the proposed use, such as increased traffic
on the public streets, heavy vehicular traffic, and the emission of
noise, smoke, dust or dirt, odorous or noxious gases, and the like
that would be detrimental to the character and suitability of the
district.
(3)
Improvements related to the conditional uses, including off-street
parking, common green space areas, recreational areas, easement areas
for public utilities and stormwater drainage installations as contained
in the developer's agreement and deed restrictions, and related accessory
uses, all as contained in the General Development Plan and Precise
Implementation Plans as from time to time submitted and which will
remain on file with the Village of Waterford
(4)
Conditional uses not permitted:
(a)
No trucking company or motor freight company shall be allowed;
(b)
No heavy manufacturing uses shall be allowed, such as acid,
ammonia, bleach or soap manufacture; ammunition manufacture; explosives
or fireworks manufacture or storage; asphalt, coal and coal tar or
coke manufacture; distillation of bones; cement, lime, gypsum or plaster
of paris manufacture; fat rendering; garbage, rubbish, offal or dead
animal reduction or dumping; gelatin, glue or size manufacture; manufacture,
refinement or storage of inflammable gases or liquids; overground
tank farms; slaughterhouses; stockyards; or smelting facilities;
(c)
No automobile wrecking yard, junkyard, or salvage yard shall
be allowed.
(d)
No mini-warehousing uses shall be allowed.
(e)
No adult establishments, adult bookstores or adult-only video
stores.
(f)
No tattoo and/or body-piercing establishments.
D.
Building standards. Each structure constructed within the district shall be constructed to Building Code requirements as contained within this Code (See Chapter 98, Building, Plumbing, Electrical and Mechanical Code.) and within the Administrative Code of the State of Wisconsin where applicable. Modification of the building height, setback, area, yard, parking and sign requirements found in §§ 245-21, 245-22, 245-15 and Chapter 245, Article VI, of this Municipal Code may be allowed by the Plan Commission when the use of the building is a permitted use herein.
E.
Garbage and recyclable collection. The commercial users within the district shall be responsible for the removal of garbage and recyclables pursuant to the standards and regulations of the Village. See Chapter 186 of this Code.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with
either cement concrete or asphaltic concrete over an approved subbase,
to depths for each application as approved by the Village Engineer
prior to construction.
(2)
Parking shall be limited to driveway approaches and marked parking
stalls within the district. No parking shall be permitted in or on
any other area.
G.
Electric and telephone service. All electric and telephone service
wires or cables, including cable television services, shall be installed
underground within the boundaries of the development.
H.
Detailed site grading plans. Detailed site grading plans shall be
submitted to the Village for approval showing proposed finished grades
for all buildings, parking areas, and landscape areas on site and
showing proposed site drainage plans. Elevation of such site grading
plans shall be based on the Village datum and be approved by the Village
prior to construction.
I.
Developer's agreement. The developer, owner, Village of Waterford Community Development Authority and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site and financial guarantees by the developer pursuant to § 235-19D of this Municipal Code, along with the issuance of building and occupancy permits. Public improvements made by the developer shall be subject to the Prevailing Wage Law of the State of Wisconsin.[1] The agreement and any subsequent amendments shall be approved
by the Village of Waterford Plan Commission, Village of Waterford
Community Development Authority, Village Board, Village Engineer,
and Village Attorney.
[1]
Editor's Note:: See e.g., Wis. Stats. §§ 66.0903,
103.49 and 103.50.
J.
Landscaping. The developer shall provide the Village with a landscape
plan as part of the Precise Implementation Plan for each phase of
construction and a detailed material list, and shall implement such
plan after approval by the Village.
K.
Easements.
(1)
Utility easements. In all areas where public utilities are located
outside of the Village rights-of-way, the owner shall provide the
Village with public utility easements for the purpose of permitting
the Village to re-install, re-lay, operate, repair, and maintain underground
pipes and conduits for public water, storm sewer, and sanitary sewer
service under the surface, and, where appropriate, above the surface,
along with the right of ingress and egress, in dimensions in accordance
with the developer's agreement. No building, accessory appurtenance
or other structure (except mailboxes) shall be constructed in a utility
easement area. Landscaping and parking lots may be constructed in
an easement area; provided, however, that in the event that the landscaping
is removed or damaged by the Village pursuant to its rights under
the easement, the developer or landowner shall be responsible for
all costs related to removal and/or restoration of said landscaping
areas.
(2)
Public safety. The owner shall grant to the Village easements over
and across the private paved driveways, roadways and accessways, in
dimensions set forth in the developer's agreement, for purposes of
providing public services, including, but not limited to, fire, rescue,
police protection and, if applicable, garbage collection. The owner
or association shall be responsible for removing snow accumulations
from the easement area.
(3)
The Village shall have the right to tow any vehicles and similarly
remove any other types of personal property which are located within
a utility easement area after giving a notice that access to the area
is required at least six hours prior to the removal of the property.
This notice shall be given by written citation placed upon the vehicle
or other property. In the event of emergency, no such notice shall
be required. In the event the Village must remove vehicles or personal
property from an easement area pursuant to this subsection, the property
shall be impounded by the Village until the costs of removal have
been paid. The Village shall seek payment from the owner of the property
seized, and after reasonable efforts have been made to obtain such
payment, the Village may proceed for payment against the property
owner. In no event shall the Village be required to commence legal
action against the owner of the property seized prior to seeking collection
from the property owner.
L.
Private street and drive maintenance. Private off-street parking
areas, walks, and access roads shall be maintained by the owner so
as to provide safe access at all times to all areas of the development.
M.
Termination of Fluegge Planned Community Development District. If
no Precise Implementation Plan has been approved by the Village by
September 31, 2010, or no Precise Implementation Plan for a subsequent
phase of the development is approved by the Village by December 31,
2010, or if substantial construction has not begun within 12 months
of the approval of a Precise Implementation Plan for a phase of the
development, there shall be a stay on the development of the property,
and the Village Board shall have 150 days during which no plats or
certified survey maps shall be submitted for approval wherein the
Village may act to rezone the property.
N.
Rezoning effected by passage of this amendment. The property subject
of this planned community development district is legally described
as set forth in Exhibit A attached hereto,[2] and made a part hereof. Prior to enactment of this section,
said real estate described in Exhibit A was annexed to the Village
with the zoning classification of Planned Community Development District,
the specific provisions for which were to be set forth by separate
ordinance, and, upon passage of this planned community development
district ordinance, all real estate above is, in all respects, permanently
subjected to the Planned Community Development District Zoning Rules
and Regulations of the Code of the Village of Waterford and the specific
terms and conditions of this section.
O.
Exhibits made a part of this section. The exhibits herein identified
and referred to as Exhibit A (the legal description),[3] the developer's agreement, and the General Development
Plan each are incorporated into this section by and through this specific
reference, and shall be kept on file with the Village of Waterford
and incorporated herein as though fully set forth, and each of the
terms and conditions of the legal description, the developer's agreement
and the plan shall be enforceable as an element of this chapter and
subject to the provisions for penalties and other legal action as
provided by this chapter.
P.
Recording. No building permit for construction in a particular phase
of the development shall be granted until the recording of those documents
referenced herein which are indicated as subject of recordation in
the Register of Deeds Office for Racine County, Wisconsin, for that
phase of the development.
[Added 2-26-2018 by Ord.
No. 659; amended 12-14-2020 by Ord. No. 680]
A.
Permitted uses.
(1)
The permitted uses in this mixed-use planned community development district shall be a total of 43 duplex-family structures (consisting of a total of 86 dwelling units) substantially conforming with the Two-Family R-2 provisions set forth in § 245-19 of this chapter.
(2)
Improvements related to the permitted uses, including off-street
parking, common green space areas, recreational areas, easement areas
for public utilities and private stormwater drainage installations
as contained in the required developer's agreement and deed restrictions,
and related accessory uses, all as contained in the General Development
Plan, Precise Implementation Plans, and developer's agreement(s) as
from time to time submitted and which will remain on file with the
Village of Waterford and recorded with the Racine County Register
of Deeds.
B.
Other uses. No other uses are allowed in the Park Meadow Planned
Community Development District unless permitted pursuant to a specific
provision of this chapter.
C.
Dwelling standards. Each of the dwelling units within the development shall contain at least the minimum requirements set forth in the zoning district set forth in Subsection A and shall conform with all applicable building, plumbing, electrical and mechanical codes.
D.
Area standards. Modification of the setback, yard, parking and sidewalk
requirements of this Municipal Code may be allowed by the Plan Commission
when the use of the building is a permitted use herein.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with
either cement concrete or asphaltic concrete over an approved subbase,
to depths for each application as approved by the Village Engineer
prior to construction.
(2)
Parking shall be limited to driveway approaches, marked parking stalls
and public streets within the district. No parking shall be permitted
in or on any other area.
G.
Electric and Telephone Service. All electric and telephone service
wires or cables, including cable and fiber-optic services, shall be
installed underground within the boundaries of the development.
H.
Detailed site grading plans. Detailed site grading plans shall be
submitted to the Village for approval showing proposed finished grades
for all buildings, parking areas, and landscape areas on-site and
showing proposed site drainage plans. Elevation of such site grading
plans shall be based on the Village datum and be approved by the Village
prior to construction.
I.
Developer's agreement. Where land division or public improvements are necessary for construction, the developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all public improvements to the development and financial guarantees by the developer pursuant to § 235-19D of this Municipal Code, along with the issuance of building and occupancy permits. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney.
J.
Landscaping. The developer shall provide the Village with a landscape
plan as part of the Precise Implementation Plan for each phase of
construction and a detailed material list, and shall implement such
plan after approval by the Village.
K.
Easements.
(1)
Utility easements.
(a)
In all areas where public utilities are located outside of the
Village rights-of-way, the owner shall provide the Village with public
utility easements for the purpose of permitting the Village to reinstall,
re-lay, operate, repair, and maintain underground pipes and conduits
for public water and public sanitary sewer service under the surface,
and, where appropriate, above the surface, along with the right of
ingress and egress, in dimensions in accordance with the developer's
agreement.
(b)
All public storm sewers shall be laid in Village rights-of-way. Stormwater management systems serving the development must be constructed pursuant to Chapter 250 of this Municipal Code, and shall remain private and the responsibility of the owner or association, and easements shall be granted to the Village in the event that it is required to provide emergency repairs or maintenance.
(c)
No building, accessory appurtenance or other structure (except
mailboxes) shall be constructed in a utility easement area. Landscaping
and parking may be constructed in an easement area; provided, however,
that in the event that the landscaping is removed or damaged by the
Village pursuant to its rights under the easement, the developer or
landowner shall be responsible for all costs related to removal and/or
restoration of said landscaping areas.
(2)
Public safety. The owner shall grant to the Village easements over
and across any private paved driveways, roadways and accessways, in
dimensions set forth in the developer's agreement, for purposes of
providing public services, including, but not limited to, fire, rescue,
police protection and, if applicable, garbage collection. The owner
or association shall be responsible for removing snow accumulations
from the easement areas.
(3)
Removal of vehicles or other personal property.
(a)
The Village shall have the right to tow any vehicles and similarly
remove any other types of personal property that are located within
a utility easement area after giving a notice that access to the area
is required at least six hours prior to the removal of the property.
This notice shall be given by written citation placed upon the vehicle
or other property. In the event of emergency, no such notice shall
be required.
(b)
In the event the Village must remove vehicles or personal property
from an easement area pursuant to this subsection, the Village may
impound the property until the costs of removal have been paid. The
Village shall seek payment from the owner of the property seized,
and after reasonable efforts have been made to obtain such payment,
the Village may proceed for payment against the property owner. In
no event shall the Village be required to commence legal action against
the owner of the property seized prior to seeking collection from
the property owner.
L.
Private street and drive maintenance. Private off-street parking
areas, walks, and access roads, if any, shall be maintained by the
owner so as to provide safe access at all times to all areas of the
development.
M.
Bicycle path. The developer shall grade a ten-foot-wide bicycle path
and improve such path with asphaltic material as approved by the Village
Engineers and grant a bicycle and pedestrian easement to the Village
for permanent public use for the full length of the property along
STH 36.
N.
Rezoning effected by passage of this amendment. The property subject
of this planned community development district is legally described
as set forth in Exhibit A[1] attached hereto, and made a part hereof. Prior to enactment
of this section, said real estate described in Exhibit A was zoned
Business District and, upon passage of this planned community development
district ordinance, all real estate described on Exhibit A is, in
all respects, permanently subjected to the planned community development
district zoning rules and regulations of the Code of the Village of
Waterford and the specific terms and conditions of this section. The
attached CSM is hereby incorporated and approved by the Village to
facilitate the planned phasing of the project.
[1]
Editor's Note: Exhibit A is on file in the Village offices.
O.
Exhibits made a part of this section. The exhibits herein identified
and referred to as Exhibit A, the legal description, and Exhibit B,
the General Development Plan, each are incorporated into this section
by and through this specific reference, and shall be kept on file
with the Village of Waterford and incorporated herein as though fully
set forth, and each of the terms and conditions of the legal description
and the General Development Plan shall be enforceable as an element
of this chapter and subject to the provisions for penalties and other
legal action as provided by this chapter.
P.
Recording. No building permit for construction in a particular phase
of the development shall be granted until the recording of those documents
referenced herein which are indicated as subject of recordation in
the Register of Deeds Office for Racine County, Wisconsin, for that
phase of the development.
[Added 4-12-2021 by Ord. No. 682]
A.
Permitted uses. Business structures as provided in Village of Waterford
Municipal Code § 245 et al and this section, excepting those
listed below, including off-street parking and easement areas for
public utilities and stormwater drainage installations as contained
in the development plans and deed restrictions, together with the
necessary support and green space areas, all as to be provided for
in the plans to be submitted and which will remain on file with the
Village of Waterford. The permitted uses identified in this subsection
shall be the only permitted uses allowed in the Waterford Lofts Mixed
Use Development District.
(1)
Art studios, potteries, photography, and other business engaged in
the production of fine arts and/or crafts for retail sale on site
and/or off site.
(2)
Tobacco and marijuana related retail sales businesses. Production
and/or sale of marijuana and/or tobacco are both allowed on site upon
the adoption of a law legalizing such by either the State of Wisconsin
or the United States of America.
(3)
Restaurants, bars, distilleries, breweries, bakeries, creameries,
and other businesses engaged in the retail sale of food and/or beverage
on site.
(4)
Virtual reality, computer programming, STEM education businesses.
(5)
Retail banking.
(6)
Businesses primarily engaged in the retail sale on site of products.
(7)
Grocery, produce, dairy, meat and other business engaged in the preparation
and retail sale of food and food products for at-home consumption.
B.
Conditional uses permitted on first floor. All conditional use permits
issued shall be issued on the condition that blight is removed from
TID 4 through creation of new development of Lofts Buildings 1 and
2. Other conditions may be imposed by the Plan Commission and Village
Board based on objective conditions.
(1)
Law offices, real estate offices, insurance offices, title companies,
financial advisory offices, bail bondsmen offices, and other offices
that are of a professional service nature.
(2)
Medical offices, dental offices, hair salons, nail salons, gymnasiums,
exercise facilities, yoga studios, and other offices, facilities or
businesses of a personal service nature.
(3)
Online retail sales where there is not a substantial on-site retail
floor space for customers to purchases products on display.
C.
Uses not permitted:
(1)
No storage or warehousing as a primary commercial use shall be allowed
on the first floor;
(2)
No light manufacturing, fabricating or assembling businesses shall
be allowed;
(3)
No trucking company or motor freight company shall be allowed;
(4)
Automotive, ATV, RV, or other vehicle sales, service or rental.
D.
Green space preservation. No use other than dining, recreational
and landscaping shall be permitted in an area dedicated to green space
as finally approved in a precise implementation plan.
E.
Special uses. Drive through service shall be permitted as long as
the drive through is not visible directly from Main St.
F.
Garbage collection. Garbage collection shall be provided to the commercial
users within the district based upon the standards and regulations
of the Village at the time of construction of any such commercial
structure.
G.
Building standards. Each structure constructed within the district
shall be constructed to building code requirements as contained within
this Code and within the Administrative Code of the State of Wisconsin
where applicable.
H.
Off-street automobile parking facilities.
(1)
The number and size of parking spaces ultimately approved as part
of a precise implementation plan for this development shall be maintained
for the life of the development.
(2)
All parking areas within this district shall be constructed with
either cement concrete or asphaltic concrete over an approved sub-base,
to depths for each application as established by the Village Engineer
prior to construction, giving consideration to the anticipated traffic
flow and nature of vehicles to be serviced by said facilities.
I.
Electric and telephone service. All electric and telephone service
wires or cables, including cable television services, shall be installed
underground within the boundaries of the development.
J.
Detailed site grading plans. Detailed site grading plans shall be
submitted to the Village for approval showing proposed finished grades
for all buildings, parking areas, and landscape areas on site and
showing proposed site drainage plans. Elevation of such site grading
plans shall be based on the Village datum and be approved by the Village
prior to construction.
