As used in this article, the following terms shall have the
meanings indicated:
BASIC ZONING REGULATIONS
Such zoning regulations as are applicable to the use district
other than the regulations set forth in this article.
BUILDING SITE
A tract of land not divided by public streets or into lots,
excepting for single-family dwelling purposes and which will not be
subdivided, or where the tract of land, if so divided, is in single
ownership or is owned by a condominium group. (The site must be located
on a public street or highway.)
COMPREHENSIVE PLAN
The document adopted by ordinance by the Ledgeview Board
that meets the requirements of § 66.1001, Wis. Stats., which
is now or may hereafter be in effect.
DENSITY
The number of dwelling units permitted per square foot of
land area or number of dwelling units permitted per acre of land area.
FINAL PLAN
The proposal for development of a planned unit development, including a plat of subdivision (if any), all covenants, easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by §
135-113 herein.
IMPROVED OPEN SPACE
The above parcels and any structure or improvements which
are placed upon such parcels (i.e., rest rooms, tennis courts, ball
diamonds, etc.).
OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
thereof, with the site designated and intended for the use or enjoyment
of residents of the planned development and/or the public at large.
PARTIES OF INTEREST
When used in reference to providing any notices or granting
of any affirmative rights under this chapter shall mean the owners
of lands immediately adjacent to the land subject to any action under
this chapter extending 200 feet therefrom or owners of land on the
opposite side of a public road from the subject land extending 200
feet from the street frontage of such opposite land. This definition
shall not prevent the Town from providing notices in its discretion
to any other person.
PLANNED DEVELOPMENT DISTRICT
An area of land controlled by a single owner, corporation
or other legal entity which is to be developed as a single unit and
is referred to herein as a "PUD."
PRELIMINARY PLAN
The preliminary drawings described in §
135-111 herein, indicating the proposed manner and/or layout of the Planned Development District to be submitted to the Zoning and Planning Committee for approval.
UNIMPROVED OPEN SPACE
Open space kept free of structures or improvements, except
for hiking, horseback riding, bicycle trails, ponds, picnic areas
and nature parks.
As a basis for determining the acceptability of a PDD proposal,
the following criteria shall be applied to the development proposal,
with specific considerations as to whether or not it is consistent
with the spirit and intent of this article and the Town of Ledgeview
Comprehensive Plan.
A. Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall be a visual, aesthetic,
and operational character which:
(1)
Is compatible to the physical nature of the site, with particular
concern for preservation of the Niagara escarpment, woodlands open
space or other environmentally sensitive areas.
(2)
Would produce an attractive environment of sustained aesthetic
and ecologic desirability, economic stability and functional practicality
compatible with the general development plans for the area as established
by the community.
(3)
Would not adversely affect the anticipated provision for school,
sewer, water, snow removal, garbage pickup, fire protection, or other
municipal services.
(4)
Would provide sufficient and accessible off-street parking and
loading facilities. Creativity in addressing the provision of parking
is encouraged. Alternate parking arrangements may be used (such as
exterior or interior satellite parking lots, provision of mass transportation,
etc.) to provide adequate parking within the requirements of this
PDD article.
(5)
Would be developed in a manner that encourages alternative means
of transportation through the provision of sidewalks and/or off-street
trails and a well-connected street pattern.
(6)
Is consistent with the Ledgeview Comprehensive Plan.
B. Landscaping of parking areas. The parking site shall be planned to
provide a desirable transition from the streetscape and to provide
for adequate landscaping, pedestrian movement and parking areas. In
keeping with this purpose, the following design standards shall be
set forth:
(1)
Where natural or existing topographic features contributed to
the beauty and utility of a development, consideration shall be given
to this preservation. Modification to topographic features should
not only occur where it contributes to good appearance.
(2)
Plant material shall be selected for interest in its structure,
texture, color and for its ultimate growth. Further, it is recommended
that native materials be employed for their ability to tolerate the
prevailing adverse conditions.
(3)
In locations where plant materials will be susceptible to injury
by pedestrians and/or motor vehicles, appropriate curbs, tree guards
or other protective devices shall be employed.
(4)
Parking areas shall be arranged so as to prevent through traffic
to other parking areas.
(5)
Parking areas shall be screened from adjacent structures, roads
and traffic arteries with hedges, dense planting, earth berms, changes
in grade or walls, except where parking areas are designed as an intricate
part of the street.
(6)
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping.
(7)
All parking areas shall be adequately lighted. All such lighting
shall be so arranged as to direct the light away from adjoining residences.
(8)
All off-street loading and unloading areas shall be paved, and
the design thereof approved by the Zoning and Planning Committee.
(9)
All parking areas and off-street loading and unloading areas
shall be graded and drained so as to dispose of all surface water
without erosion, flooding and other inconveniences.
C. Engineering design standards. The width of rights-of-way, width and
location of street or other paving, requirements for outdoor lighting,
location of sanitary and storm sewer and water lines and provision
for drainage and other similar environmental engineering considerations
shall be based upon a determination as to the appropriate standards
necessary to ensure the public safety and welfare.
D. Preservation and maintenance of open space. Adequate provisions shall
be made for the permanent preservation and maintenance of common open
space and rights-of-way either by private reservation or dedication
to the public.
(1)
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
Town, as part of the conditions for project approval, an open space
easement over such open areas restricting the areas from any further
building or use, except as specifically authorized as part of the
development plan, or subsequently with the express approval of the
Town Board following the recommendation of building site and operational
plans by the Zoning and Planning Committee.
(2)
In the case of roadways, other rights-of-way and stormwater
management facilities, which are not dedicated to the public, as part
of the conditions for project approval, there shall be granted to
the Town such easements over the same as may be necessary to enable
the Town to provide suitable and adequate fire protection, sanitary
and storm sewer, water, maintenance, recreational trail connections
and other required municipal services to the project area.
(3)
The construction, care and maintenance of such open space reservations,
stormwater management facilities and rights-of-way shall be assured,
either by establishment of appropriate management organization for
the project, acceptance of dedication to the Town, or by agreement
with the Town for establishment of a special service district for
the project area and levy the cost thereof as a special charge on
the tax bills of properties within the project area pursuant to § 66.0627,
Wis. Stats. In any case, the Town shall have the right to carry out
and levy special charge for the cost of any maintenance that it feels
necessary if it is not otherwise taken care of to the satisfaction
of the Town. The manner of assuring maintenance and charging such
cost to individual properties shall be determined prior to the approval
of the final project plans and shall be included in the title to each
property. The developer shall submit a landscape maintenance schedule
and stormwater management plan with the final plan for approval by
the Town that satisfies the above requirements.
(4)
Ownership, maintenance, construction (if necessary), and tax
liability of private open space reservations and rights-of-way shall
be established in a manner acceptable to the Town and made a part
of the conditions of the plan approval.
(5)
Any identified reserved open space within a planned development
shall first be offered to the Town for conveyance and dedication for
public open space.
(6)
In the event that the designated open space is to remain in
agricultural use, the following uses shall be permitted only in the
designated open space areas:
(a)
General farming activities, such as dairying, cropping, apiculture,
floriculture, forestry, horticulture, tree and shrub nurseries, pasturage,
orchards, and similar nonintensive agricultural activities.
(b)
Existing farmstead, barns, and associated outbuildings.
(c)
Proposed new construction or additions outside of the existing footprint of agricultural-related buildings shall require obtaining an amendment to the PDD as identified in §
135-113E. Agricultural-related buildings shall not be interpreted to mean new residential, commercial, or industrial buildings.
E. Implementation schedule. The petitioners for a PDD Overlay shall
submit a reasonable schedule for the implementation of the development
to the satisfaction of the Zoning and Planning Committee and the Town
Board, including suitable provisions (and the Town may require the
furnishing of a suitable and sufficient performance bond for construction)
for assurance that each phase could and should be brought to completion
in a manner which shall not result in adverse effect upon the community
as a result of termination at the end of any phase.
F. Additional factors that may be considered by the Zoning and Planning
Committee and Town Board:
(3)
Landscaping barriers and berms.
(5)
The site itself as it relates to neighborhood environment, compatibility
to existing neighborhood use and general neighborhood characteristics.
(6)
Nature and use of the proposed structures and design, architecture
and materials to be used.
(7)
Highway access to the site, number of openings, and width.
(8)
Traffic generation, number of vehicles parked, rate of turnover
per hour and parking requirements.
(10)
Capacities required for sewer, water and other necessary utilities.
(11)
Educational capacity capabilities (number of families and school
load).
(12)
Economic impact on the Town, its inducements, attractions and
detractions.
(14)
Proposed hours of operation.
(15)
Comparison of open space as required by the underlying basic
zones with that of the proposed project.
(17)
Commencement and completion dates.
(18)
Highway dedication/street dedication.
(20)
Deed restrictions and sureties deemed necessary to protect the
health, safety and welfare of the community.
(21)
Such other limitations, conditions, special requirements or
characteristics to the use as may be deemed necessary to protect the
health, safety and welfare of the Town.
(22)
Impact on groundwater resources.
(23)
Method of sanitary waste disposal.
(24)
If development is not proposing to have public sewer and water,
the development's ability to be efficiently and cost effectively connected
to public sewer and water, when available.
(25)
Multiuse zoning in a structure throughout the development.
No development shall be permitted within this district unless it is submitted, reviewed, and approved subject to the procedures identified in §§
135-111 through
135-113 below.
Prior to filing of an application for PDD, the applicant of
the proposed PDD shall contact the Town Clerk to arrange a conference
with Town representatives and/or staff. The primary purpose of the
conference shall be to provide the applicant with an opportunity to
gather information and obtain guidance as to the general suitability
of the proposal for the area for which it is proposed and its conformity
to the provisions of this chapter before incurring substantial expense
in the preparation of plans, surveys and other data.