In order that adequate public lands and open space sites may
be properly located and preserved as the Village of Grantsburg develops,
the following provisions are established:
A.
Dedication of lands for public uses. Whenever any subdivision or
certified survey map is certified, signed, acknowledged, and recorded
as prescribed in § 236.29, Wis. Stats., or a condominium
is finalized under the provisions prescribed in Ch. 703, Wis. Stats.,
every dedication of land to the public intended for the streets, alleys,
ways, commons, or other public uses as designated on said subdivision,
certified survey map, or condominium shall be deemed sufficient conveyance
to vest the fee simple title with the Village of Grantsburg for the
public benefit.
B.
Suitability of land for public use. Whenever a certified survey map,
subdivision plat, or condominium includes a proposed dedication of
land to public use and it is found that such land is not required
or is not suitable for public use, the Plan Commission may recommend
to the Village Board to either refuse to approve such dedication or
require the rearrangement of lots in the proposed certified survey
map, subdivision plat, or condominium to accommodate a proper dedication.
C.
Size of land for public use. The area of each parcel of land proposed as a dedication of land for public use shall be of such minimum dimensions, as determined by the Plan Commission, so as to be functionally usable, pursuant to § 582-55.
D.
Location. Whenever a certified survey map, subdivision plat, or condominium
includes a proposed dedication, such dedication shall also be located
and sited with sensitivity to surrounding development and existing
and planned land uses.
E.
Drainageways, stormwater detention and retention basins and other
public ways or public access to navigable lakes or streams.
(1)
Whenever a tract of land to be subdivided as a subdivision, divided by a certified survey map, or developed as a condominium includes land designated to be owned by the public, to include drainageways and stormwater easements, stormwater detention and retention basins, and other public ways or public access to navigable lakes or streams which have been designated or graphically delineated on the adopted county development plan, and/or local comprehensive plans or adopted plan components, or as required by the Wisconsin Department of Resources under § 236.16(3), Wis. Stats., or required by the Village of Grantsburg, said public way shall be made a part of the subdivision plat, certified survey map, or condominium and dedicated by the subdivider or condominium developer (as applicable) in the location and dimensions indicated on said plan or map and as set forth in this chapter. Dedication of such facilities, however, to the public does not prohibit the Village from requiring private maintenance agreements per §§ 582-11 and 582-47M.
(2)
Subdivisions or certified survey maps abutting on a navigable lake
or stream shall, according to the provisions of § 236.16(3),
Wis. Stats., provide access at least 60 feet wide to the low-water
mark so that there will be public access, which is connected to existing
public roads, at least at one-half-mile intervals as measured along
the lake or stream shore, except where greater intervals and wider
access are approved, and excluding shore areas where public parks
or open space and streets or roads on either side of a stream are
provided. Such access shall be dedicated to the Village of Grantsburg.
F.
Public parks or public playgrounds.
(1)
Whenever a tract of land to be divided by either certified survey
map or subdivision plat or developed as a condominium within the jurisdiction
of this chapter encompasses all or any part of a public park or public
playground that has been designated on the duly adopted Village Comprehensive
Plan or plan component pursuant to § 62.23(6), Wis. Stats.,
said public park or public playground shall be made a part of that
certified survey map, subdivision plat, or condominium and dedicated
by the subdivider or condominium developer (as applicable) in the
locations and dimensions indicated on said plan and based upon a public
facilities needs assessment pursuant to the requirements of § 66.0617,
Wis. Stats.
G.
Substitution of private recreation and open space lands for required
public recreation and open space land reservations or dedications
not permitted. The substitution of private recreation and open space
lands for required public recreational and open space land reservations
or dedications under this chapter shall not be permitted.
H.
Form of dedication documents. The form of the dedication documents
shall be subject to approval by the Village Attorney.
A.
Dedication of park, playground, recreation and playground lands.
The subdivision, condominium or certified survey map developer (as
applicable) shall dedicate sufficient land area to provide adequate
park, playground, recreation and open space to meet the needs to be
created by and to be provided for the land development project. Unless
otherwise negotiated by developer's agreement, the minimum dedication
shall be:
B.
Combination of residential uses. Where a combination of residential
uses is intended, the minimum dedication shall be the sum obtained
by adding 10% of the acreage intended for single-family and two-family
dwellings and 15% of the acreage intended for multifamily dwellings.
Where a definite commitment is made to the Village by the developer
with respect to those portions of the total acreage intended for single-family,
duplex and multifamily dwellings, the dedication shall be based upon
the maximum dedications which the zoning classification of the parcel
will permit.
C.
Minimum size of park and playground dedications; minimum park frontage.
(1)
In general, land reserved for recreation purposes shall have an area
of at least two acres, except for children's neighborhood parks. Where
the amount of land to be dedicated is less than two acres, the Village
Board may require that the recreation area be located at a suitable
place on the edge of the proposed subdivision, certified survey map
or condominium development so that additional land may be added at
such time that the adjacent land is developed. In no case shall an
area of less than one acre be reserved for recreational purposes if
it will be impractical or impossible to secure additional lands in
order to increase its area.
(2)
Land reserved for recreation purposes shall be of a character and
location suitable for use as a playground, playfield or for other
recreation purposes and shall be relatively level and dry. A recreation
site shall have a total frontage on one or more streets of at least
100 feet, and no other dimension of the site shall be less than 66
feet.
(3)
Drainageways, wetlands or areas reserved for streets, accessways
and pedestrianways shall not be considered as satisfying land dedication
requirements.
D.
Exemptions.
(1)
Later lot redivisions. Subject to the requirements and provisions
of any applicable impact fee ordinance established pursuant to the
requirements of § 66.0617, Wis. Stats., as amended, where
a lot, parcel or dwelling unit for which dedication or fee in lieu
of dedication has once been paid is further divided or additional
dwelling units created, dedication or payment in lieu of dedication
shall be required only for the additional lots, parcels, or dwelling
units created. No lot or dwelling unit which is fully developed for
residential purposes at the time of the creation of the subdivision,
certified survey map, or condominium shall be required to pay a public
outdoor recreation land site fee.
(2)
Outlots. Lots or parcels designated as outlots, as defined in this
chapter, shall not be counted as lots or parcels for which a land
dedication is required or to provide a fee in lieu of dedication.
Lots or parcels designated as outlots may, however, be dedicated or
reserved as public sites as long as their intended public use is so
designated on the face of the subdivision plat, certified survey map,
or condominium.
E.
Stormwater detention/retention areas or basins, wetlands, shoreland-wetlands,
and/or floodplains not qualified for meeting land area requirements.
Areas used or required for stormwater detention or retention areas
or basins, wetlands, shoreland-wetlands, and/or floodplains shall
not qualify for meeting the land area requirements set forth herein
for the dedication of suitable public outdoor recreation lands. If
such sites are dedicated for public use, they shall be in addition
to suitable land area that meets the land area dedication requirements
set forth herein.
F.
Public bicycle path, equestrian trail, and pedestrianway access.
In addition to those requirements set forth in this article, where
a certified survey map, preliminary plat or condominium abuts a public
use area, such as a park, lake, stream, hunting grounds, or any similar
type of public recreational area, the subdivider or developer (as
applicable), at the option of the Village of Grantsburg, may be required
to provide a bicycle path, equestrian trail, or pedestrianway access
easement, as determined by the Village Board, at least 20 feet wide
at approved distance intervals connecting such public area with a
public street.
G.
Effective date of dedication of land for public purposes. The dedication
of land for public purposes, such as parkways or recreational corridors,
parks, playgrounds, open space sites, rights-of-way, or easements,
becomes effective at the time of approval and/or recording a certified
survey map, final plat, or condominium development.
H.
Fees in lieu of land option.
(1)
Determination of option applicability. Where, in the opinion of the
Village Board, upon the recommendation of the Plan Commission, there
is no land suitable for park improvement within the proposed land
development project or the dedication would not be compatible with
the Village Comprehensive Plan or Park and Open Space Plan and the
Plan Commission has recommended that receipt of a cash fee in lieu
of land dedication would better serve the public interest, the Village
Board may require the subdivision, certified survey map or condominium
developer (as applicable) to remit a cash payment in lieu of dedicating
land according to the following provisions:
(a)
For single-family and two-family residential units, the amount
shall be calculated in the plat, certified survey map or condominium
development by subtracting the amount of dedicated acres therefrom
and multiplying the resulting number of remaining acres by the amount
determined by the Village Board.
(b)
For multifamily and condominium units, the fee shall be calculated
in the amount determined by the Village Board per proposed dwelling
unit, minus the amount of dedicated acres therefrom.
(c)
The fee(s) under this subsection shall be adjusted annually
as of January 1 of each year by the Village Board, utilizing the Consumer
Price Index - All Urban Consumers for Small Metro Areas prepared by
the United States Department of Labor.
(2)
Payment. The developer shall remit to the Village the calculated
amount as a condition of approval (example: for subdividers, payment
occurs upon approval of the final plat).
(3)
Park fund. Funds paid to the Village under this subsection shall
be placed in a separate nonlapsing account designated for expenditure
for park, recreation or conservancy development and improvement projects
as determined by the Village Board.
I.
Reservation of additional land. When Village parks and sites for
other public areas are shown on the Comprehensive Plan, Park and Open
Space Plan, and/or Official Map or have been identified as potential
sites for facilities by published plans of the school district, county
or State of Wisconsin and lie within the development project, and
such sites exceed the area calculated for required dedication to the
Village, the owner shall reserve without cost such additional area
for exclusive acquisition by the Village of Grantsburg, or appropriate
agency, through agreement, purchase or condemnation, for a period
of two years after recordation of the final plat, unless extended
by mutual agreement.
A.
Street dedication. All parkland dedicated under these regulations
shall have minimum of 100 feet of frontage on an improved public street.
Street improvements adjoining a park include curb, gutter, sidewalk,
pavement and street trees, and shall have unrestricted public access.
B.
Utility service. In areas served by public utilities, the subdivider
shall install or provide for installation of water and sanitary sewer
lines to the property line. A standard residential water level of
service shall be provided unless the site is located directly adjacent
to a fire hydrant.
C.
Grading and seeding. Lands dedicated for park purposes shall be graded
and seeded as follows by the developer:
(1)
The developer shall properly grade and contour the parkland for proper
drainage. Lands dedicated for park purposes shall be graded to a slope
of 1% to 2%, unless otherwise determined by the Village Engineer,
and be restored per these regulations. The developer shall provide
contour suitable for anticipated use of the area as approved by the
Village Engineer.
(2)
The developer shall cover, or leave covered, areas to be seeded with
a minimum of six inches of quality topsoil, seed as specified by the
Director of Public Works, fertilized with 16-6-6 fertilizer at a rate
of seven pounds per 1,000 square feet, and mulched, as specified in
the Standard Specifications for Road and Bridge Construction, Sections
627 and 629, published by the Wisconsin Department of Transportation.
The topsoil furnished for the park site shall consist of natural loam,
sandy loam, silt loam, silty clay loam or clay loam humus-bearing
soils adapted to the sustenance of plant life, and such topsoil shall
be neither excessively acid or excessively alkaline.
(3)
Fine grading and seeding shall occur within one year following issuance
of the first building permit within the project unless otherwise authorized
by the Village Board. The improved area shall not be deemed officially
accepted until a uniform grass cover to a two-inch height has been
established.
D.
Maintenance responsibilities. It shall be the responsibility of the
developer to maintain the parkland dedication area until the Village
of Grantsburg accepts the dedication. The park site shall not be used
as a place to deposit debris, rocks, stumps, etc.
E.
Fee for initial improvement of parkland.
(1)
The subdivider shall pay, prior to the Village signing the final
plat or certified survey map, or, in the case of a condominium or
planned unit development at the time of first building permit issuance,
the developer shall pay, prior to issuance of a building permit, a
fee for initial improvement of land for public parks. All fees collected
hereunder shall be utilized to construct improvements of public parks
as specified in § 236.45(6)(ac), Wis. Stats. All fees collected
hereunder shall be placed into a separate nonlapsing segregated fund
to be used solely for initial improvement for public parks.
(3)
The amount of the fee for initial improvement of land for public
parks shall be determined by the Village Board for each multifamily
housing unit (with a single bedroom or less) and for each other dwelling
unit type. The fee for initial improvement of land shall be annually
adjusted for inflation.
F.
Alternative contractual arrangements. As an alternative to payment of a fee for initial improvement of parkland required by Subsection E above, the Village and developer may instead provide such improvements to the public site as may be agreed upon and as set forth in the subdivider's agreement between the Village and the developer.
G.
Noncompliance. If the developer fails to satisfy the requirements
of this section, the Village Board may contract said completion and
bill such costs to the subdivider, following written notice of noncompliance
and an opportunity for the developer to appear before the Village
Board to discuss the situation. Failure to pay such costs may result
in the immediate withholding of all building permits until such costs
are paid.
A.
Declaration of covenants and deed restrictions required for lands designated as private recreation and open space lands. For lands designated by a subdivision, certified survey map, or condominium to be set aside for private recreation and/or open space use (including mini-parks as defined in this chapter) and owned and maintained by a Wisconsin nonprofit membership corporation (homeowners' association or condominium association), the subdivider or condominium developer (as applicable) shall file a declaration of covenants and deed restrictions, pursuant to the requirements of §§ 582-13C, 582-20F and 582-21C, that will govern said homeowners' or condominium association with the preliminary plat or certified survey map.
B.
Minimum required provisions of declaration of covenants and deed
restrictions for private recreation and open space lands. The provisions
of said declaration of covenants and deed restrictions shall incorporate
the requirement that a Wisconsin nonprofit membership corporation
be formed for the purpose of maintaining, improving, policing and
preserving properties, including mini-parks as defined in this chapter,
in which its members shall have common rights of usage and enjoyment
by virtue of their ownership of lots in the subdivision, certified
survey map, or condominium, and shall further include the requirement
that:
(1)
The corporation is established before any lots, building sites or
units are sold.
(2)
Membership in the corporation is mandatory and automatic upon the
purchase of a lot, building site, or unit.
(3)
The recreation and open space restrictions must be perpetual and
not just for a period of years.
(4)
Title to the private recreational areas or facilities is transferred
to the corporation.
(5)
The corporation is responsible for liability insurance, property
taxes, and all maintenance of recreational and open space areas.
(6)
The corporation has all powers granted and exercised under Chs. 703
and 799, Wis. Stats., as applicable, and, in particular, to levy assessments
upon all properties in the subdivision, certified survey map, or condominium
for the purposes specified therein.
(7)
In the event the Wisconsin nonprofit membership corporation ceases
to exist, does not enforce the provisions of said declaration of covenants
and deed restrictions, or fails to fulfill its obligations as stated
herein or to collect, remit, or pay the assessments or real estate
taxes against its properties within the subdivision, certified survey
map, or condominium, the Village may cause such maintenance to be
performed and levy the cost thereof as a special assessment against
all of the properties within the subdivision, certified survey map,
or condominium under the applicable provisions of Ch. 66, Wis. Stats.
Similarly, any real estate taxes remaining unpaid, together with any
penalties and interest thereon, may be collected by the Village as
a special assessment against all of the properties in the subdivision,
certified survey map, or condominium, or the Village may seek a mandatory
injunction requiring the Wisconsin nonprofit membership corporation
to levy and collect assessments for such purpose.
(8)
The declaration of covenants and deed restrictions and governance
documents for the Wisconsin nonprofit membership corporation shall
be prepared by the applicant in a form acceptable to the Village Attorney.
In the design of all subdivisions or condominium plats for which
the developer intends to include private mini-parks, the Village shall
require the subdivider or condominium developer (as applicable) to
meet the standards below and install all mini-park-related improvements
in accordance with the provisions of this chapter as follows:
A.
Stormwater detention/retention areas or basins, wetlands, shoreland-wetlands,
and/or floodplains not qualified for meeting mini-park land area requirements.
Areas used or required for stormwater detention or retention areas
or basins, wetlands, shoreland-wetlands, and/or floodplains shall
not qualify for meeting the land area requirements set forth herein
for private mini-parks. If such sites are to be used for private recreation
and/or private open space use, they shall be in addition to suitable
land area that meets the land area requirements for mini-parks set
forth herein.
B.
Suitability of land for private mini-park use. Whenever a subdivision
plat or condominium includes a proposed private mini-park and it is
found that such land is not required or not suitable for private mini-park
use, the Plan Commission may recommend to the Village Board to either
refuse to approve such private mini-park or require the rearrangement
of lots in the proposed subdivision plat or condominium.
C.
Size of land area for private mini-park use. The area of each parcel
of land proposed as land for private mini-park use shall be of such
minimum dimensions as required below so as to be functionally usable:
D.
Location. Whenever a subdivision plat or condominium includes a proposed
private mini-park use, said proposed private mini-park shall be located
and sited with sensitivity to surrounding development and existing
planned land uses.
E.
Improvements. The subdivider or developer (as applicable) shall,
at a minimum, be required to provide the following improvements to
each private mini-park:
(1)
Properly grade and contour the mini-park site for proper drainage
and for the anticipated use of the area.
(2)
Cover areas to be seeded with a minimum of four inches of quality
topsoil. Said topsoil furnished for the mini-park site shall consist
of natural loam, sandy loam, silt loam, silty clay loam, or clay loam
humus-bearing soils adapted to the sustenance of plant life, and such
topsoil shall be neither excessively acid nor excessively alkaline.
(3)
Provide the following facilities at the mini-park(s):
(a)
Picnic tables at the rate of one per 0.07 acre of mini-park
area (excluding those areas of the mini-park occupied by other improvements
and/or woodlands).
(b)
A furnished children's play area to include the development
of preschool and school-age play areas in compliance with the Americans
with Disabilities Act, Barrier-Free Design Standards, and Consumer
Product Safety Commission requirements (including both play equipment
and surfacing).
(c)
A minimum of three shade/canopy trees per 10,000 square feet
of mini-park area (or fraction thereof) shall be required to be installed
by the subdivider or developer (as applicable). Said required shade/canopy
trees shall be a minimum caliper of of 2.5 inches at the time of installation.
Existing trees of a similar or larger size already located at the
mini-park site may be substituted for the required trees on a one-to-one
basis.
(4)
Provide those other facilities as may be agreed upon by the Village
Board and as set forth in the subdivider's agreement between the Village
and the subdivider or developer.
F.
Noncompliance. If the subdivider or developer (as applicable) fails
to satisfy the requirements of this section, the Village Board may
contract said completion and bill such costs to the subdivider or
developer (as applicable), following written notice of noncompliance
and an opportunity for the subdivider or developer (as applicable)
to appear before the Village Board to discuss the situation. Failure
by the subdivider or developer (as applicable) to pay such costs may
result in the immediate withholding of all building permits for the
subdivision or condominium until such costs are paid.
