Grouping of residences in clusters will permit
individual minimum lot sizes as zoned to be reduced, provided that
overall density within the subdivision is maintained. The remaining
undeveloped area within the subdivision can be used to provide common
open space and preserve the scenic qualities of an applicable environmentally
sensitive area. Grouping of residences will facilitate common water
and sewage disposal systems and encourage the improved use of the
land respecting the preservation of natural resources.
Cluster subdivisions shall be submitted for review according to §§ 275-15 to 275-20 of this chapter.
A.
Plans analyzing each site's special features are required
for all proposed subdivisions, as they form the basis of the design
process for open space, house locations, street alignments, and lot
lines. The applicant or representative shall bring a copy of the existing
features (site analysis) map to the on-site walkabout with the Town
Plan Commission. Detailed requirements for an existing features map
shall include:
(1)
A topography map, based on a United States Geological
Survey (USGS) quadrangle map;
(2)
The location of environmentally sensitive elements,
such as steep slopes (over 25%), wetlands, watercourses, intermittent
streams and one-hundred-year floodplains, and all rights-of-way and
easements;
(3)
Soil boundaries as shown on the Winnebago County Soil
Survey maps published by the Soil Conservation Service; and
(4)
The location of significant features, such as woodlands,
tree lines, open fields or meadows, scenic views into or out from
the property, watershed divides and drainageways, fences or stone
walls, rock outcrops, and existing structures, roads, tracks and trails.
B.
An existing features map shall identify both primary conservation areas (floodplains, wetlands, and steep slopes, as defined in the process for computing adjusted tract acreage) and secondary conservation areas, as described in § 275-52 of this chapter. Together, these primary and secondary conservation areas comprise the development's proposed open space. Their location must be consistent with the Towns Comprehensive Plan's implementation section regarding parks and recreation and multipurpose trails. The existing features map shall form the basis for the conceptual preliminary plan, which shall show the tentative location of houses, streets, lot lines, and greenway lands.
Proposed cluster developments shall contain a minimum of 20 acres and shall be platted according to the requirements of this chapter. The maximum permitted number of lots in such development shall be determined by dividing the total adjusted tract acreage as described below by the minimum lot sizes required in Chapter 310, Zoning, of the Town Code.
A.
Open space shall be comprised of two types of land,
primary conservation areas and secondary conservation areas. All lands
within both primary and secondary conservation areas are required
to be protected by a permanent conservation easement prohibiting further
development and setting other standards safeguarding the site's special
resources from negative changes.
(1)
Primary conservation areas. This category consists
of wetlands, lands that are generally inundated (under ponds, lakes,
creeks, etc.), land within the one-hundred-year floodplain, slopes
exceeding 25%, and soils subject to slumping. These sensitive lands
are deducted from the total parcel acreage to produce the adjusted
tract acreage on which density shall be based (for both conventional
and conservation subdivisions).
B.
Land in the primary and secondary conservation areas
(not used for lots and streets) shall be protected through a conservation
easement or actual land dedication to the public. This may be accomplished
by the following means:
(1)
Conveyance to owners of lots in the development. If the land is to be reserved for use by owners of lots in the development, the land shall be conveyed for use to a homeowners' association or similar legally constituted body which shall also maintain the open space conservation easement. (See § 275-54 of this article for specific requirements governing this form of open space dedication.)
C.
Water supply and sewage disposal shall meet the minimum
standards of all state, county, sanitary district, or Town regulations.
D.
The design standards, as outlined within this chapter,
may, at the discretion of the Town Board, be relaxed as an incentive
in developing cluster subdivisions. Standards that can be relaxed
in order to permit more creative land division design include, but
are not limited to, lot shape and depth, length of cul-de-sac roads,
and road right-of-way width.
E.
Pedestrian trails within a cluster subdivision are
required to be connected to any regional pedestrian trails wherever
established or proposed by the Town of Winneconne, Winnebago County,
or the State of Wisconsin.
The minimum percentage of land that shall be
designated as permanent open space, not to be further subdivided,
and protected through a conservation easement held by a homeowners'
association or dedicated to the Town of Winneconne or Winnebago County
shall be as specified below:
A.
A minimum of 50% of the total parcel area, including
the following kinds of unbuildable land (which are also required to
be deducted when calculating net permitted density for conventional
subdivisions as well): wetlands and land that is generally inundated
and under ponds, lakes, creeks, etc.; all of the floodway and floodway
fringe within the one-hundred-year floodplain, as shown on official
FEMA maps; land with slopes exceeding 25% or soils subject to slumping;
and land under permanent easement prohibiting future development (including
easements for drainage, access, and utilities). The above areas shall
generally be designated as undivided open space to facilitate easement
or land dedication monitoring and enforcement and to promote appropriate
management by a single entity according to approved land management
standards.
B.
The fifty-percent requirement may be decreased by
5% for each of the following elements shown in the subdivision (maximum
of fifteen-percent reduction):
(1)
Use of a cluster septic system.
(2)
Coordinated subdivision theme identification signage,
street name signs and lighting.
(3)
Other aesthetics not necessarily required by this
chapter, such as fitness trails, docks with seating areas in ponds,
or other features considered unique and imaginative that will add
a distinctive feature and benefit to future residents and the Town.
C.
All undivided open space and any lot capable of further
subdivision shall be restricted from further subdivision through a
permanent conservation easement in a form acceptable to the Town of
Winneconne and duly recorded with the Winnebago County Register of
Deeds.
D.
The subdivider shall document the purposes for which
open space areas are proposed on the face of the plat.
E.
The required open space may be used, without restriction,
for underground drainage fields for individual or community septic
systems.
F.
Stormwater management ponds or basins and land within
the rights-of-way for underground pipelines may be included as part
of the minimum required open space.
A.
The location of open space conserved through compact residential development shall be consistent with the policies contained in the Town Comprehensive Plan's implementation section regarding parks and recreation and multipurpose trails and with the recommendations contained in this section and the following section (§ 275-53, Evaluation criteria).
B.
Although the locations of primary conservation areas
are predetermined by the locations of floodplains, wetlands, steep
slopes, and soils subject to slumping, greater latitude exists in
the designation of secondary conservation areas (except that they
shall include a one-hundred-foot deep greenway buffer along all water
bodies and watercourses and a fifty-foot greenway buffer alongside
wetlands soils classified as "very poorly drained" in the medium-intensity
county soil survey).
C.
The location of secondary conservation areas shall
be guided by the maps and policies contained in the environment sections
of the Town's Comprehensive Plan and shall typically include all or
part of the following kinds of resources: mature woodlands, aquifer
recharge areas, areas with highly permeable ("excessively drained")
soil, significant wildlife habitat areas, prime farmland, historic,
archaeological or cultural features listed (or eligible to be listed)
on national, state or county registers or inventories, and scenic
views into the property from existing public roads.
D.
Although the resource lands listed as potential secondary
conservation areas may comprise more than half of the remaining land
on a development parcel (after primary conservation areas have been
deducted), no applicant shall be required to designate more than 20%
of that remaining land as a secondary conservation area.
E.
General locational standards. Cluster subdivisions
shall be designed around both the primary and secondary conservation
areas which together constitute the total required open space. The
design process should therefore commence with the delineation of all
potential open space, after which potential house sites are located,
the road alignments identified, and lot lines drawn in as the final
step.
F.
Undivided open space shall be directly accessible
to the largest practical number of lots. To achieve this, the majority
of lots should abut undivided open space in order to provide direct
views and access. Safe and convenient pedestrian access to the open
space from all lots not adjoining the open space should be provided.
The Town Plan Commission and Town Board shall
evaluate cluster subdivisions to determine whether the proposed conceptual
preliminary plan:
A.
Protects and preserves all floodplains, wetlands,
and steep slopes from clearing, grading, filling, or construction
(except as may be approved by the Town for essential infrastructure
or active or passive recreation amenities).
B.
Preserves and maintains mature woodlands, existing
fields, pastures, meadows, and orchards and creates sufficient buffer
areas to minimize conflicts between residential and agricultural uses.
If development must be located on open fields or pastures because
of greater constraints in all other parts of the site, dwellings should
be sited on the least prime agricultural soils or in locations at
the far edge of a field, as seen from existing public roads. Other
considerations include whether the development will be visually buffered
from existing public roads, such as by a planting screen consisting
of a variety of trees, shrubs, and wildflowers.
C.
Maintains or creates an upland buffer of natural native
species vegetation of at least 100 feet in depth adjacent to wetlands
and surface waters, including creeks, streams, springs, lakes and
ponds.
D.
Designs around existing hedgerows and tree lines between
fields or meadows and minimizes impacts on large woodlands (greater
than five acres), especially those containing many mature trees or
a significant wildlife habitat. Also, woodlands of any size on highly
erodible soils with slopes greater than 10% should be avoided. However,
woodlands in poor condition with limited management potential can
provide suitable locations for residential development. When any woodland
is developed, great care shall be taken to design all disturbed areas
(for buildings, roads, yards, septic disposal fields, etc.) in locations
where there are no large trees or obvious wildlife areas, to the fullest
extent practicable.
E.
Leaves scenic views and vistas unblocked or uninterrupted,
particularly as seen from public thoroughfares. In wooded areas where
the sense of enclosure is a feature that should be maintained, a deep
"no-build, no-cut" buffer should be respected, to preserve existing
vegetation.
F.
Protects wildlife habitat areas of species listed
as endangered, threatened, or of special concern by the United States
Environmental Protection Agency.
G.
Designs around and preserves sites of historic, archaeological,
or cultural significance and their environs, insofar as needed to
safeguard the character of the feature, including stone walls, barn
foundations, cellar holes, earthworks, and burial grounds.
H.
Protects rural roadside character and improves public
safety and roadway carrying capacity by avoiding development fronting
directly onto existing public roads.
I.
Provides mature landscape plantings equal to at least
five trees (mixture of ornamental and shade tree) per each residential
unit, interspersed throughout the subdivision in areas void of trees,
cul-de-sac islands, and in visually strategic locations that will
add aesthetic appeal to the overall development.
J.
Includes a pedestrian circulation system designed
to assure pedestrian safety and that provides a connection to adjoining
properties or pedestrian trail systems. All roadside pedestrian trails
(if any) should connect with off-road trails.
K.
Provides open space that is in a reasonably contiguous
configuration. Fragmentation of open space should be minimized and
not divided into numerous small parcels located in various parts of
the development. To the greatest extent practicable, open space shall
be designed as a single block with logical, straightforward boundaries.
Long, thin strips of conservation land shall be avoided, unless the
conservation feature is linear or unless such configuration is necessary
to connect with other streams or trails. The open space should generally
abut existing or potential open space land on adjacent parcels (such
as in other subdivisions, public parks, or properties owned by or
leased to private land conservation organizations). Such subdivision
open space shall be designed as part of larger contiguous and integrated
greenway systems, as per the policies in the parks and open space
and multipurpose trails implementation section of the Town's Comprehensive
Plan.
A.
Different ownership and management options apply to
the permanently protected open space created through the development
process. The open space shall remain undivided and shall be owned
and maintained by a homeowners' association, the Town, the county,
or a recognized land trust or conservancy. However, all trails within
a cluster subdivision must be open to the public. A public land dedication,
not exceeding 10% of the total parcel size, may be required by the
Town, through designated open space, to facilitate public trail connections.
A narrative describing ownership, use and maintenance responsibilities
shall be submitted for all common space and public improvements, utilities,
and open spaces.
B.
Common open space within a development shall be owned,
administered, and maintained by any of the following methods, either
individually or in combination, and subject to approval by the Town:
(1)
Offer of dedication. The Town or other governmental
agencies shall have the first and last offer of dedication of undivided
open space in the event said land is to be conveyed. Dedication shall
take the form of a fee simple ownership. The Town may, but shall not
be required to, accept undivided open space, provided that such land
is accessible to the residents of the Town; there is no cost of acquisition
other than any costs incidental to the transfer of ownership, such
as title insurance; and the Town agrees to and has access to maintain
such lands. Where the Town accepts dedication of common open space
that contains improvements, the Town may require the posting of financial
security to ensure the structural integrity of said improvements as
well as the functioning of said improvements for a term not to exceed
18 months from the date of acceptance of dedication. The amount of
financial security shall not exceed 15% of the actual cost of installation
of said improvements.
(2)
Homeowners' association: The undivided open space
and associated facilities may be held in common ownership through
a homeowners' association. The association shall be formed and operated
under the following provisions:
(a)
The subdivider shall provide a description of
the association, including its bylaws and methods for maintaining
the open space easement.
(b)
The association shall be organized by the subdivider
and shall be operated with a financial subsidy from the subdivider
before the sale of any lots within the development.
(c)
Membership in the association is mandatory for
all lot owners and their successors. The conditions and timing of
transferring control of the association from subdivider to lot owners
shall be identified.
(d)
The association shall be responsible for maintenance
of insurance and payment of taxes on undivided open space, enforceable
by liens placed by the Town on the association. The association may
place liens on the lots of its members who fail to pay their association
dues in a timely manner. Such liens may provide for the imposition
of penalty interest charges.
(e)
The members of the association shall share equitably
the costs of maintaining and developing such undivided open space.
Shares shall be defined within the association bylaws.
(f)
In the event of a proposed transfer, within
the methods here permitted, of undivided open space land by the homeowners'
association, or of the assumption of maintenance of undivided open
space land by the Town, notice of such action shall be given to all
property owners within the development.
(g)
The association shall have or hire adequate
personnel to administer common facilities and properly and continually
maintain the undivided open space.
(h)
The homeowners' association may lease open space
lands to any other qualified person or corporation for operation and
maintenance of open space lands, but such a lease agreement shall
provide that:
[1]
The lot owners of the development shall at all
times have access to the open space lands contained therein (except
croplands during the growing season);
[2]
The undivided open space to be leased shall
be maintained for the purposes set forth in this chapter; and
[3]
The operation of open space facilities may be
for the benefit of the residents only, or may be open to the residents
of the Town, at the election of the developer and/or homeowners' association,
as the case may be.
(i)
The lease shall be subject to the approval of
the Town of Winneconne, and any transfer or assignment of the lease
shall be further subject to the approval of the Town Board. Lease
agreements so entered upon shall be recorded with the Winnebago County
Register of Deeds within 30 days of their execution and a copy of
the recorded lease shall be filed with the Town.
C.
Condominiums. The undivided open space and associated
facilities may be controlled through the use of condominium agreements
approved by the Town. Such agreements shall be in conformance with
the State Condominium Ownership Act (Ch. 703, Wis. Stats.). All undivided
open space land shall be held as a "common element."
D.
Dedication of easements. The Town may, but shall not
be required to, accept easements for public use of any portion or
portions of undivided open space land, title of which is to remain
in ownership by condominium or homeowners' association, provided that
such land is accessible to Town residents; there is no cost of acquisition
other than any costs incidental to the transfer of ownership, such
as title insurance; and a satisfactory maintenance agreement is reached
between the developer, condominium or homeowners' association, and
the Town.
E.
Transfer of easements to a private conservation organization.
With the permission of the Town, an easement may be transferred to
a private, nonprofit organization, among whose purposes it is to conserve
open space and/or natural resources, provided that:
(1)
The organization is acceptable to the Town and is
a bona fide conservation organization with perpetual existence;
(2)
The conveyance contains appropriate provisions for
proper reverter or retransfer in the event that the organization becomes
unwilling or unable to continue carrying out its functions; and
(3)
A maintenance agreement acceptable to the Board is
entered into by the developer and the organization.
A.
The ultimate owner of the open space (typically a
homeowners' association) shall be responsible for raising all moneys
required for operations, maintenance, or physical improvements to
the open space through annual dues, special assessments, etc. The
homeowners' association shall be authorized under its bylaws to place
liens on the property of residents who fall delinquent in payment
of such dues, assessments, etc.
B.
In the event that the association or any successor
organization shall, at any time after establishment of a development
containing undivided open space, fail to maintain the undivided open
space in reasonable order and condition in accordance with the development
plan, the Town may serve written notice upon the owner of record setting
forth the manner in which the owner of record has failed to maintain
the undivided open space in reasonable condition.
C.
Failure to adequately maintain the undivided open
space in reasonable order and condition constitutes a violation of
this chapter. The Town is hereby authorized to give notice, by personal
service or by United States mail, to the owner or occupant, as the
case may be, of any violation, directing the owner to remedy the same
within 20 days.
