Grouping of residences in cluster or conservation subdivisions
will permit individual minimum lot sizes to be reduced provided that
overall density within the subdivision is maintained. The remaining
undeveloped area within the subdivision is to be used to protect natural
resources, provide common open space and preserve the scenic qualities
of the City. Grouping of residences facilitates potential for shorter
road lengths and other infrastructure efficiencies.
Cluster or conservation subdivisions shall be submitted for
review and follow the provisions of this chapter in the same manner
as any other subdivision. In addition the following also apply:
A. Proposed cluster or conservation developments shall include a minimum
of five acres and shall be platted according to the requirements of
this chapter.
B. The maximum permitted number of lots in such development shall be
determined by dividing the total area of the subdivision, excluding
streets, by the minimum lot sizes required by the City Zoning Ordinance.
In condominiums and similar developments, under which no new lots
are created, the term "maximum number of dwelling units" shall substitute
for the term "maximum number of lots" in the preceding statement in
determining overall density.
C. Lots shall be located so that:
(1) They are grouped together to form clusters and surrounded by open
space.
(2) Negative impacts to natural resources and environmentally sensitive
areas are minimized, including wetlands, floodplains, drainageways,
woodlands, and slopes over 12%.
(3) Negative impacts to historic and cultural resources are minimized.
(4) Negative impacts to prime agricultural land and large tracts of productive
farmland are minimized. The location of lots should avoid interference
with normal agricultural practices.
(5) Views of open space and natural resources are maximized. Lots should
be hidden behind woodlands, hedgerows, and topography when possible.
Lots should not be located in prominent, visible places like hilltops
and ridgelines.
D. Open space shall:
(1) Surround clusters of residential lots and provide a buffer between
cluster groups.
(2) Be interconnected to other open space both within the plat and beyond.
Open space should not be isolated and disconnected.
(3) Include natural resources, environmentally sensitive areas, and productive
agricultural land (when the intent is to preserve the agricultural
use) to the greatest extent possible.
(4) Include all excess land not used for lots and streets.
E. Ownership of open space. Open space shall be dedicated and restricted
as such on the plat and conveyed in common to each of the owners of
lots in the development or dedicated to the City. The City shall not
be required to accept dedication. Lands dedicated to the public must
be accepted by appropriate action of the governing body of the accepting
unit of government. If the land is to be conveyed to owners of lots
in the development, a homeowners' association or similar legally
constituted body shall be created to maintain the open space land.
F. Maintenance and operation of common open space and facilities. A
plan and narrative for the use, maintenance, and insurance of all
common facilities, including provisions for funding, shall be provided
to and approved by the Common Council prior to final plat or condominium
plat approval.
G. Any restriction placed on platted land by covenant, grant of easement
or any other manner which was required by a public body or which names
a public body as grantee, promisee or beneficiary shall vest in the
public body the right to enforce the restriction at law or in equity
against anyone who has or acquires an interest in the land subject
to the restriction.
H. Water supply and sewage disposal shall meet the minimum standards
of Chs. SPS 383 and 385, Wis. Adm. Code, the County Sanitary Ordinance
and other applicable regulations.