[Added 7-20-2020 by Ord.
No. 20-24]
The purpose and intent of this article is to protect the public
health, safety, convenience and general welfare, and more particularly,
and without limitation, to:
A.
Ensure that the development and use of real property in the Village
is in compliance with all applicable requirements of Village ordinances
and is compatible with its natural and man-made surroundings;
B.
Promote the wise use, development, conservation and protection of
the soil, water, wetland, woodland and wildlife resources within the
Village and achieve a balanced relationship between land use and development
and the supporting and sustaining natural resource base;
C.
Require coordinated site planning and assure adequate standards for
such planning;
D.
Promote attractive and aesthetically pleasing surroundings in the
Village;
E.
Prevent the overcrowding of land and avoid undue concentration of
population;
F.
Lessen congestion in the streets and highways;
G.
Provide for proper ingress and egress;
H.
Secure safety from fire, panic and other dangers;
I.
Preserve and enhance the value of real property in the Village;
J.
Further the orderly layout and appropriate use of land;
K.
Facilitate adequate provision for transportation, water supply, stormwater
management, sewerage, schools, parks, playgrounds and other public
facilities and services;
L.
Secure safety from flooding, water pollution, disease and other hazards;
M.
Prevent flood damage to persons and properties and minimize expenditures
for flood relief and flood-control projects;
N.
Prevent and control erosion, sedimentation and other pollution of
surface and subsurface waters;
O.
Provide for adequate light and air;
P.
Preserve natural vegetation and shore cover and promote the natural
beauty of the Village;
Q.
Restrict building sites in areas of poor soils or in other areas
poorly suited for development for which engineered building practices
are unsuitable;
R.
Coordinate the dedication and reservation of appropriately located
sites for streets (including adequate right-of-way for anticipated
future widening of streets), water supply, stormwater and sewerage
systems and facilities, schools, parks and playgrounds and other desirable
public facilities and services;
S.
Facilitate the administration and enforcement of this chapter and
other applicable Village ordinances;
T.
Assist in the implementation of the Village's Comprehensive Plan
and other plan elements;
U.
Avoid the harmful effects of premature development of land; and
V.
Provide for the updating, modernizing and revitalizing of older buildings
and sites within the Village.
No person owning, developing, using or occupying real property
within the Village shall do, and no person owning, developing, using
or occupying real property within the Village shall allow any other
person to do, any of the types of proposed activities on or in such
real property that are described in Subsections A and B, below, without
having first obtained written approval of an initial or amended residential
development plan, or a preliminary residential development plan, in
accordance with this article.
A.
In any R-8, R-9, R-10, R-11 and R-12 Residential District, except
for one single-family building, one two-family building on its own
lot and except for one single-family building within the R-12 District:
(1)
Commence any new or additional principal or accessory use of
real property;
(2)
Construct, erect, reconstruct, relocate or replace any building
or any structure, including any wall, fence, paved driveway, paved
parking or loading area, sidewalk, sign, light standard, etc.;
(3)
Expand, add to or demolish any building or structure;
(4)
Structurally alter or structurally repair any building or structure;
(5)
Materially alter or repair exterior surfaces of any building
or structure, including, without limitation, painting of siding or
roofing surfaces or otherwise materially altering the appearance or
aesthetic qualities of the building or structure.
(6)
Materially alter the grade of or materially fill or strip any
site or undertake any other activity on a site that requires an erosion
control permit;
(7)
Construct, install, relocate, replace, expand or materially
alter any site improvement (e.g., any berm, drainagecourse, stormwater
detention or retention basin, graveled surface, landscaping, etc.),
or any external apparatus or equipment which is visible from any property
line of the site;
(8)
Change or intensify operations to the extent that the existing
on-site parking is inadequate to serve the needs of the use(s) present
on the site, or to the extent that then-current performance standards
are violated or a public or private nuisance is created;
(9)
Install, replace, materially modify or increase the intensity
of any outdoor lighting;
(10)
Remove any trees that are either eight inches or more in diameter,
that are 54 inches above the natural grade or 12 inches or more in
diameter at the base, which are not seriously diseased or damaged
or which do not pose an imminent safety hazard to life or property;
or
(11)
With respect to any site or use for which residential development
plan approval has been granted, do anything materially different from
or in addition to what is shown, described, required and/or approved
in the residential development plan, including any conditions of such
plan approval.
B.
In any zoning district other than a R-8, R-9, R-10, R-11 and R-12 Zoning District, any activities of the type specified in Subsection A above, with respect to any use of such real property that would be allowed as a permitted or conditional principal use in any R-8, R-9, R-10 and R-11 Zoning District, or with respect to any accessory use to any such principal use, or with respect to the site of any such principal or accessory use, or with respect to any building or structure used for or in connection with any such principal or accessory use.
Every owner, developer, user and/or occupant of real property
within the Village with respect to which a residential development
plan has been approved pursuant to this article shall develop, use
and/or occupy such real property, or allow any other person to develop,
use or occupy such real property, only in accordance with such approved
plan, and any conditions of plan approval, as amended from time to
time. Any failure to comply with an approved, amended preliminary
or final residential development plan or any conditions of such plan
approval shall be a violation of this chapter and shall be unlawful.
Any development, use or occupancy of real property within the Village
after July 6, 2020, without having first obtained residential development
plan approval, when such approval is required, shall be a violation
of this chapter and shall be unlawful.
A.
By Plan Commission.
(1)
The Plan Commission shall have authority to review and decide
any application for residential development plan involving any of
the following activities, after review, comment and recommendation
by the Zoning Administrator and other members of the Village staff
and/or expert consultants, as provided for in this article:
(a)
Construction, erection, reconstruction, relocation, or replacement
of a principal building or principal structure; except for one single-family
building, one two-family building or one three-family building on
its own lot or part of a condominium development within any R-8; R-9,
R-10 or R-11 District and except for one single-family building within
the R-12 District; or
(b)
Expansion of or addition to a principal building or principal
structure, constituting an increase in gross floor area of at least
500 square feet, or an increase in height of at least eight feet in
the R-10 or R-11 District; or
(c)
Any activity for which an amendment of the map or text of the
Village Zoning Ordinance (including a planned unit development) is
required, when an application for such an amendment is pending and
the applicant has made satisfactory arrangements with the Village
Zoning Administrator regarding the processing of an application for
residential development plan approval in conjunction with the application
for a Zoning Map or text amendment.
(2)
The Plan Commission shall also have authority to review and decide all applications for preliminary residential development plan approval, provided for in § 420-57.5F below, after review, comment and recommendation by the Village Zoning Administrator and other members of the Village staff and/or expert consultants, as provided for in this article.
B.
By Zoning Administrator. The Village Zoning Administrator shall have authority to review and decide all applications for a residential development plan approval other than those specified in Subsection A, above, after review, comment and recommendation by other members of the Village staff and/or expert consultants, as provided for in this article.
A.
Application forms and attachments. Applications for a residential development plan approval shall be made on forms obtained from the Village's Community Development Department. Any application relating to real property for which residential development plan approval has not previously been granted shall be a full residential development plan approval application; provided, however, that an application filed only pursuant to § 420-57.2A(5) above, shall be required to address the proposed exterior alterations or repairs and compliance of such alterations or repairs with applicable construction design standards (and, in the case of proposed exterior alterations or repairs to a sign, their compliance with applicable sign standards). An application involving no change in an approved residential development plan other than a change of occupancy, or involving only minor or discrete amendments to an approved residential development plan, shall generally be subject to the provisions of Subsection D, below, relating to waiver of application requirements. Except as otherwise specifically provided in this section, each applicant for any residential development plan approval shall fully, accurately and legibly complete the application form and shall file with it three full-size sets of the plans and a PDF copy of the plans and other materials and information identified in Subsection B below and described in much greater detail in § 420-57.7 below, together with the required filing fee, which shall be payable at the time of application. (Required filing fees are set out in Article V of this chapter; fees of expert consultants used by the Village in the review and evaluation of an application for residential development plan review shall be invoiced separately by the Village and shall be paid by the applicant within 30 days of the date of the invoice.)
B.
Residential development plan components.
(1)
Except as otherwise specifically provided in this article, the following information, plans and other attachments, which are more fully described in § 420-57.7 below, shall be included as part of any application for residential development plan approval:
(a)
Applicant, site, use, project and plan information;
(b)
Title sheet;
(c)
Survey;
(d)
Site plan;
(e)
Grading and drainage plan;
(f)
Building plan;
(g)
Lighting plan;
(h)
Landscape and open space plan;
(i)
Signage plan;
(j)
Performance standards compliance plan;
(k)
Development phasing plan;
(l)
Digital security imaging system and easement requirements pursuant to Chapter 410 of the Municipal Code;
(m)
Additional requirements, as determined by the Village Zoning
Administrator, other appropriate Village staff members, or the Plan
Commission, as appropriate.
(2)
Two or more plans may be combined, provided that all of the information submitted on the combined plan is clearly legible, but in no case shall the combined plans fail to show any of the information required for each individual plan by § 420-57.7 below, unless such information is waived pursuant to Subsection D below. The applicant shall attach to the application form any waiver of application requirements granted as a result of a preapplication staff conference pursuant to Subsection D, below.
C.
Filing. Applications for residential development plan approval shall
be filed with the Village's Community Development Department. Obviously
incomplete applications shall not be accepted for filing.
D.
Waiver. The Village Zoning Administrator may waive in writing any application requirement which is not necessary for the effective review and determination of the application. In the event of an application to renew a residential development plan approval that has lapsed for purposes of the issuance of permits pursuant to § 420-57.6I below, the requirement of initially filing a new set of plans shall be waived if the previously approved plans are on file and readily accessible, unless the Zoning Administrator knows that substantial changes in the previously approved plans will need to be made. Such waivers may be discussed and/or issued at a preapplication conference or at any time during the application or review process. A preapplication conference with the Zoning Administrator or other Village zoning staff members is required for the purpose of discussing the application requirements, as they apply to a particular proposed project or activity and potential waivers of such requirements.
E.
Streamlining. The Village Zoning Administrator shall develop checklists,
affidavits of no change and/or other methodologies to help streamline
the processing of residential development plan approval applications
whenever possible.
F.
Preliminary residential development plan approval. An applicant may apply for preliminary residential development plan approval prior to submitting an erosion control permit application for early mass grading, or in connection with an early foundation permit, or for other good cause shown. Applications for preliminary residential development plan approval shall be filed and processed in accordance with this article, but the application requirements for such a preliminary approval shall be limited to a completed application form, survey, a site plan, a grading and drainage plan, an operational plan (and if an early foundation permit is sought, a preliminary building plan), plus any additional requirements imposed by the Village Zoning Administrator in light of the particular facts and circumstances of the situation, and payment of a filing fee. Without limitation, the waiver and deferral provisions of Subsections D and G, respectively, shall be applicable. A preliminary residential development plan approval shall vest no rights in the applicant against changes in any ordinance requirements that occur prior to final residential development plan approval, and a condition of any preliminary residential development plan approval shall be that the applicant accepts all risks of relying on the preliminary approval. Any approved preliminary residential development plan shall automatically be superseded by any subsequently approved residential development plan.
G.
Deferral of signage plan and/or landscaping plan review and approval.
The applicant for an initial or amended residential development plan
approval under circumstances where there will be a substantial interval
of time between residential development plan approval and occupancy
may request deferred review and approval of that part of the required
signage plan relating to proposed new or modified signs and/or that
part of the landscaping plan. Although the project may be allowed
to proceed in advance of approval of the signage plan and/or the landscaping
plan, the conditions of any residential development plan approval
with respect to which any deferred review is approved shall include
each of the following conditions: that the applicant assumes all risks
of relying on the plan approval in advance of obtaining the deferred
approvals, that no work shall proceed with respect to any deferred
matters until the applicable plans have been reviewed and approved
and any other required permits or approvals with respect to such deferred
matters have been obtained, and that occupancy of the real property
shall not be permitted until such time as the deferred plans are approved
and the approved signage and/or landscaping is installed (subject
only to an approved delay in installing landscaping due to cold and/or
inclement weather and then only upon entering into a satisfactory
development agreement and providing satisfactory security). The Village
Zoning Administrator shall have authority to decide all applications
for any such deferred plan review and for approval of any deferred
plans, regardless of whether the Zoning Administrator or the Plan
Commission had authority to decide the application for residential
development plan approval as originally filed.
H.
Incorrect or inaccurate information. The provision of material information
on or in connection with any application for residential development
plan approval that is incorrect or inaccurate and not timely corrected
shall be grounds for denial of the application, issuance of a stop-work
order, suspension or revocation by the applicable decisionmaker of
any approved residential development plan which is significantly affected
by such incorrect or inaccurate information. If the problem is not
promptly and satisfactorily resolved after written notice and an opportunity
to be heard (e.g., the filing of correct information showing that
the approval was properly granted, or the filing of an application
for amended residential development plan approval coupled with a voluntary
interim cessation of the activities in question), and/or the commencement
of a legal action seeking an injunction, forfeitures and/or other
appropriate relief. An applicant for any residential development plan
approval shall have a duty to correct, update and/or supplement an
application containing information that was either incorrect or inaccurate
when filed or that has become incorrect or inaccurate during the pendency
of the application. Any such changes in an application may delay the
processing or decision of such application.
A.
Preliminary determination of completeness. The Village Zoning Administrator
shall use reasonable efforts to make a preliminary determination of
completeness with respect to any application for residential development
plan approval accepted for filing and shall notify the applicant of
any additional information or materials required to complete the application.
The Zoning Administrator may deny an application for incompleteness
if the application is not completed within 30 days after notification
of items required to complete the application.
B.
Staff and/or consultant review. Upon making a preliminary determination
that an application for residential development plan approval is complete,
the Zoning Administrator shall promptly transmit the application and
accompanying information and materials to appropriate Village staff
members and/or to expert consultants for review, comment and recommendation,
as the Zoning Administrator determines is required under the facts
and circumstances of the particular application.
C.
Summary approval/disapproval. Notwithstanding Subsection B above, the Zoning Administrator shall be authorized to approve summarily an application for residential development plan approval, without circulating the application to other Village staff members and/or expert consultants for review, comment and recommendation, when the application involves no change or only minor amendments to an approved residential development plan, and there are no apparent violations of such approved plan, the conditions of plan approval, or the provisions of any applicable Village ordinance. Similarly, the Zoning Administrator shall be authorized to disapprove summarily an application for residential development plan approval requiring an amendment of the map or text of the Village Zoning Ordinance, if an application for such a Zoning Ordinance map or text amendment is not pending and if satisfactory arrangements have not been made with the Zoning Administrator to process the application for residential development plan approval in conjunction with the application for a Zoning Ordinance map or text amendment.
D.
Zoning Administrator action. Promptly after completion of the Village
staff and/or expert consultant review of an application for residential
development plan approval, or promptly after the preliminary determination
of completeness if the Village Zoning Administrator determines that
staff and/or consultant review is unnecessary, the Zoning Administrator
shall either notify the applicant of any additional information or
materials required as a result of the staff and/or consultant review;
or decide the application, if the Zoning Administrator has authority
to decide it, and notify the applicant by of the decision, including
all conditions of approval and all reasons for denial; or transmit
the application and related staff and/or consultant comments and recommendations
to the Plan Commission for decision. The Zoning Administrator shall
make reasonable efforts to take one of these three actions within
60 days after the date of preliminary determination of completeness,
and other Village staff members and consultants shall make reasonable
efforts to facilitate timely action by the Village Zoning Administrator.
If the Zoning Administrator notifies the applicant that additional
information or materials are required after the preliminary determination
of completeness, the Zoning Administrator shall make reasonable efforts
to decide the application and notify the applicant of the decision,
or to transmit the application and related staff and/or consultant
comments and recommendations to the Plan Commission for decision,
within 30 business days after the filing of all such additional information
or materials, unless further staff and/or consultant review, comment
and recommendation is required with respect to such additional information.
In such event, the Zoning Administrator shall make reasonable efforts
either to decide the application and notify the applicant of the decision
or transmit the application to the Plan Commission for recommendation
within 30 business days after the filing of all such additional information
or materials.
E.
Plan Commission action. The Plan Commission shall make reasonable
efforts to decide an application for residential development plan
approval within 30 days from the date on which the application and
staff and/or consultant comments and recommendations are transmitted
to it for decision, unless said application is tabled to request further
information. The Village Zoning Administrator shall make reasonable
efforts to notify the applicant of the Plan Commission's decision
by first class mail or by email within 10 days after the decision,
including all conditions of approval and all reasons for denial.
F.
Decisions. Residential development plan approval shall be granted if the application and documents and information submitted in connection with the application demonstrate that the proposed project or activity with respect to which the application is filed will comply with all applicable Village ordinance requirements (including, without limitation, satisfaction of all applicable conditions precedent established by provisions of Chapters 180, 370, 381, 395, 405, 410 and 420 of the Village Code) and will comply with all other requirements of applicable federal, state or county statutes, regulations, ordinances or other laws relating to land use, buildings, development control, land division, environmental protection, sewer service, water service, stormwater management, streets and highways and fire protection. For the purpose of ensuring compliance with such legal requirements, the Zoning Administrator or the Plan Commission may reasonably condition approval of a residential development plan upon the submission of additional information or modified plans, the completion of specified public improvements or the satisfaction of other specified requirements. The Zoning Administrator or the Plan Commission may impose reasonable time limits for the completion of specified improvements or the satisfaction of conditions of approval and may require the applicant to enter into a satisfactory development agreement with the Village relating to any required public improvements and to submit an irrevocable letter of credit or other acceptable security in satisfactory form to ensure that public improvements are completed on schedule and in accordance with approved plans and specifications. Requirements relating to required public or private improvements, dedications of interests in land or dedications of completed public improvements shall be in accordance with the provisions of Chapters 395 and 405 of the Village Code relating to such matters and in accordance with any development agreement entered into by and between the Village and either the applicant(s) or the owner(s) of the real property involved in the application. Conditions precedent to any residential development plan approval shall include at least the following: that the information contained in the application is correct and accurate; that any known violation of this chapter or other applicable Village ordinances is corrected; and that all expert consultant fees incurred by the Village in connection with residential development plan review are paid in full by the applicant. The Zoning Administrator and the Plan Commission shall be authorized to process and to grant an application for residential development plan approval with respect to a use requiring a special Village license and/or a conditional use permit which has not yet been granted, provided that a complete application for such conditional use permit has been duly filed and not withdrawn or denied, and further provided that a condition precedent to the granting of such residential development plan approval shall be the issuance of any required license and/or the required conditional use permit. With respect to an application for residential development plan approval requiring an amendment of the text or map of this chapter, a complete application for such amendment has been duly filed and not withdrawn or denied, and further provided that a condition precedent to the granting of such site and operational plan approval shall be the approval of any required text or map amendment. In the event of any inconsistency between the requirements of residential development plan approval and the requirements of the special license or conditional use permit when issued, the most stringent or restrictive requirement shall control. Without limitation, ongoing conditions of any residential development plan approval shall include continuing compliance with the approved plan and satisfaction of any conditions of plan approval and maintaining the real property in a safe, structurally sound, neat, well-cared-for and attractive condition.
G.
Findings. Neither the Zoning Administrator nor the Plan Commission
shall approve any residential development plan application without
finding in the decision that the application, coupled with satisfaction
of any conditions of approval, will comply with all applicable Village
ordinance requirements and will comply with all other requirements
of applicable federal, state or local statutes, regulations, ordinances
or other laws relating to land use, buildings, development control,
land division, environmental protection, sewer service, water service,
stormwater management, streets and highways and fire protection.
H.
Required signatures on final approval forms. Following approval of
the residential development plan application, the applicant shall
file with the Community Development Department one complete paper
set and a PDF copy of the final approved residential development plan
components which have been modified to comply with all conditions
precedent set forth in the approval, and which demonstrate satisfaction
of any other conditions precedent to plan approval. Such plans shall
be signed by the Village Zoning Administrator and a PDF copy shall
be provided to the owner, prior to the filing of any building permit
application or erosion control permit application for the site or
the granting of any building permit or erosion control permit for
the site. The Village Zoning Administrator shall make reasonable efforts
to review any signed residential development plan filed by the applicant
pursuant to this subsection for satisfaction of all conditions precedent
to approval, and to sign such plan, or notify the applicant of any
deficiencies, within 10 days after filing. Approved preliminary residential
development plans and approved deferred plans shall be processed in
the same manner as set out above.
I.
Effective period. For purposes of the granting of any erosion control
permit, zoning permit and/or building permit, a residential development
plan approval shall be effective for a period of 180 days from the
date of Plan Commission approval date or for a longer time period
as is specifically approved by the Plan Commission.
J.
Permits. Except as provided in § 420-57.5F or G, above (relating respectively, to preliminary residential development plan approval and to deferral of signage and/or landscaping plan review and approval), no erosion control permit, zoning permit or building permit shall be issued by the Village until residential development plan approval has been granted, all conditions precedent as set forth in the approval have been satisfied, until the final plans have been fully signed as required by Subsection H, above; and a preconstruction meeting pursuant to Subsection J(1) below has been held. (Note that the Chief of the Village Fire & Rescue Department has review and approval authority with respect to matters relating to fire protection, in making recommendations to the Community Development Department, pursuant to Chapter 5 of the Village Municipal Code.) In a situation where review of a signage plan and/or landscaping plan has been deferred pursuant to § 420-57.5G, above, no permit relating to signage and/or landscaping, respectively, shall be issued until approval of the deferred plan has been granted, and until all conditions precedent set forth in such approval have been satisfied, and until the final plan has been fully signed as required by Subsection H, above. Residential development plan approval for a use requiring a conditional use permit shall be processed in conjunction with the conditional use permit application. In addition, a residential development plan approval as part of a planned unit development or a planned development shall be processed in conjunction with the planned unit development or the Planned Development Ordinance.
(1)
Preconstruction meeting. A preconstruction meeting is required,
unless the Zoning Administrator has determined that based on the scope
of the project, this meeting is not required.
(a)
The purpose of the preconstruction meeting is to discuss the
site construction, logistics, schedule, inspection process and requirements
in detail with the owner, engineer, general contractor and the staff
inspectors.
(b)
The design engineer of record shall coordinate the meeting with
the Zoning Administrator and shall moderate and prepare minutes of
the preconstruction meeting.
(c)
The design engineer of record is responsible for the following
for the preconstruction meeting.
[1]
Developer/design engineer shall invite and attendance
is required for the following people at the preconstruction meeting:
owner, design engineer of record, project superintendent for this
project, building and utility contractors, and other trades as applicable
to the project including Village inspectors and Wisconsin Department
of Transportation/Kenosha County, as applicable. Attendance is required
at the preconstruction meeting.
[2]
Preconstruction agenda. A sample agenda in Word
format will be provided by the Village staff to the design engineer
for editing for the meeting. The design engineer shall modify the
sample agenda for the project and provide electronic and paper copies
for all attendees. Preconstruction meeting minutes shall be emailed
by the design engineer back to all attendees within seven days of
the meeting.
[3]
Project construction schedule of readable size
shall be provided to all attendees.
[4]
Trailer location and site logistics plan shall
be provided to all attendees.
[5]
One full-size set and reduced-size plan sets of
the final approved plans shall be provided to all attendees for discussion
purposes for in-person meetings.
[6]
A meeting attendee sign-in sheet shall be circulated
for all attendees.
[7]
Emergency contact information and business cards
shall be provided for the owner, design engineer of record, project
superintendent for this project, site excavator, underground utilities
contractor and general contractor.
[8]
Any additional information required for the specific
project and scope of work.
K.
Amendments. Any proposed changes to the uses, buildings, structures, site, operations, occupancy or other matters appearing in an approved residential development plan, or to any of the conditions of plan approval, shall require the approval of an amended residential development plan. Applications for amended residential development plan approval shall be filed and processed in the same manner as applications for initial residential development plan approval. Without limitation, the provisions of § 420-57.5D, relating to waiver of application requirements, and of Subsection C, above, relating to summary approval, respectively, may be applicable to such applications.
L.
Time periods. Any time period provided for in this article, except the periods specified in Subsections I and M, can be extended by agreement of the applicant and the Zoning Administrator or Plan Commission, as appropriate, and memorialized in writing. Failure of the Village Zoning Administrator, the Plan Commission or any other Village employee or consultant to act within the time provided by this article shall not result in approval of the application, and shall not constitute a violation of this chapter or give rise to any cause of action, but the Zoning Administrator and the Plan Commission shall promptly report to the Village Board any failure to comply with such time requirements, together with a brief explanation of the circumstances of such failure, so that the Village Board can take such actions as may be necessary to ensure timely Village action on applications for residential development plan review.
M.
Appeals. Any person aggrieved by any decision of the Village Zoning
Administrator or of the Plan Commission relating to residential development
plan review may appeal the decision to the Village Zoning Board of
Appeals in the manner and within the time provided for such appeals.
N.
Exemptions. This section shall not be applicable to Village public
works projects involving streets, sanitary sewers, water mains, storm
sewers, fiber optic communication facilities, sanitation facilities
or related facilities. However, reasonable efforts as determined by
the Zoning Administrator shall be made by the Village to comply with
the residential development plan provisions set forth in this section
as it pertains to Village buildings, or other Village structures or
site improvements. This section shall not be applicable to City of
Kenosha public works projects involving streets, sanitary sewers,
water mains, storm sewers or related facilities, provided that the
Village has been notified of the project in advance and in writing,
and further provided that a permit has been obtained for work in a
Village street right-of-way, if applicable, but this exemption shall
not be applicable to city buildings or other city structures or site
improvements unless the Village determines, due to health and safety
concerns, that it is in the best interest of the community and residents
to process the application pursuant to this article. This section
shall not be applicable to federal, state or county projects involving
highways, provided that the Village has been notified in advance of
the project in writing. This section shall not be applicable to utility
company projects involving electric power lines or communications
lines designed to serve consumers directly (e.g., this exception shall
not apply to towers, transmission lines, substations or power plants,
etc.), provided that the Village has been notified of the project
in advance and in writing, and further provided that a permit has
been obtained for work in a street right-of-way, if applicable.
Except as otherwise specifically provided in this article, a
full and complete application shall include each of the components
described below in this section. The required minimum contents of
each such component, and certain standards applicable to such components,
are set out below.
A.
Applicant, site, use, project and plan information. Each applicant
for residential development plan approval shall include in the application
at least the following information about the applicant (and any other
owner, developer or occupant of the real property), the site, the
use(s) conducted on the site, the proposed project or activity giving
rise to the need for residential development plan approval and the
plans involved in the application:
(1)
Name, address, telephone number and fax number (and cell phone
number and email address, if applicable) of the applicant, engineer,
architect, project manager and any other principal contact individual
for purposes of the application.
(2)
Whether the applicant is the owner of the subject real property;
and if not, either proof of the applicant's legal interest in the
subject real property (e.g., accepted offer to purchase, lease, etc.,
which may be appropriately redacted to preserve confidential information)
or written authorization signed by the owner for the applicant to
act as the owner's agent in connection with the application.
(3)
Name, address, telephone number (and fax number, cell phone
number and email address, if applicable) of each owner, developer,
user or occupant of the site other than the applicant.
(4)
Street address or location of the subject site.
(5)
Area of the subject site in acres or square feet.
(6)
Tax key number(s) of any lot(s) or parcel(s) included within
the site.
(7)
Current zoning classification(s) of the site; if an amendment
of the map or text of the Village Zoning Ordinance is required for
the proposed project or activity giving rise to the need for residential
development plan review, whether the application for such amendment
has been made, and whether arrangements have been made with the Village
Zoning Administrator to process the application for residential development
plan approval in conjunction with the application for a Zoning Ordinance
map or text amendment.
(8)
Whether the site is served by public sanitary sewer and public
water supply, and if not, where the closest public sanitary sewer
and public water facilities are located relative to the site.
(9)
Standard-sized photographs (electronic versions) showing all aspects of the site (e.g., locations of proposed improvements, bodies of navigable water, wetlands, wooded areas, etc.) and of the exterior of structures or other site improvements (e.g., buildings, entrances/exits, signs, driveways, trash enclosures, parking areas, loading areas, accessory structures, stormwater detention or retention facilities, landscaping, etc.), together with a statement regarding each photograph, which includes the date the photograph was taken, the location from which it was taken, the direction in which the camera was pointed, and a description of what is shown in the photograph. (Note the specific requirements regarding photographs of signs set out in Subsection J below.)
(10)
All current principal and accessory use(s) of the site, whether
they are proposed to be continued, and all proposed principal and
accessory uses of the site.
(11)
With respect to any nonconforming use of the site, prima facie
proof of each element of legal nonconforming use status (i.e., that
the nonconforming use was legal in its inception, that the use was
active and actual and not merely casual, occasional, incidental or
accessory when it became nonconforming, that the use has been continuous
with no gap of 12 or more consecutive months since it became nonconforming,
that no building or structure housing the nonconforming use has been
structurally repaired or altered to the extent of 50% or more of its
assessed value since the use became nonconforming, and that the use
has not been changed in nature or physically extended or expanded
since becoming nonconforming).
(12)
With respect to any nonconforming structure on the site, proof
of legal nonconforming structure status (that the structure and each
addition to it was legal when it was built).
(13)
The gross floor area and height of each existing building on
the site and whether it is proposed to be continued, and the gross
floor area and height of each proposed building or addition.
(14)
A brief description of the proposed project or activity requiring residential development plan approval, in terms of § 420-57.2 above. At a minimum the following shall be provided:
(a)
A detailed narrative description of the operations and functions
of the existing and proposed uses to be conducted in or on the real
property constituting the site, together with any diagrams, maps,
charts or other visual aids that are helpful in understanding the
operations and any potential adverse impacts on neighboring properties.
(b)
A detailed description of the proposed project or activity giving
rise to the need for residential development plan approval and a detailed
explanation of how such project or activity relates to the site and
to the existing or proposed operations to be conducted in or on the
real property constituting the site.
(c)
Gross floor area of the existing and proposed building(s), and/or
proposed addition, and the floor area of each residential unit.
(d)
Number of dwelling units per building, the number of bedrooms
per dwelling unit, number of indoor parking spaces per building, number
of outdoor parking spaces per unit and per building.
(e)
For any clubhouse, rental or marketing office/center or other
common space areas within the residential development, anticipated
hours of operation, hours open to the public, and hours of deliveries
or shipments (if applicable).
(f)
Description and function of any outdoor recreational areas or
dog parks.
(g)
Maximum number of persons to be gathered in places of assembly,
if applicable.
(h)
Number of parking spaces required per this chapter and the method
used to calculate such number.
(i)
Number of existing and proposed on-site parking spaces to be
provided (conventional spaces and handicapped spaces to be stated
separately).
(j)
Anticipated daily average and maximum potential number of automobile
trips to and from the site.
(k)
Description of the methods to be used to maintain all buildings,
structures, site improvements and sites in a safe structurally sound,
neat, well-cared-for and attractive condition.
(l)
Description of potential adverse impacts to neighboring properties
or public facilities and measures to be taken to eliminate or minimize
such adverse impacts.
(m)
Detailed description of pet policies for apartment developments
and pet-free buildings provided.
(n)
A list of all local, county, state and federal permits or approvals
required for the project or activity giving rise to the need for residential
development plan approval and copies of such permits and approvals
that have been obtained.
(15)
A description of all local (other than Village), county, state
and federal permits or approvals relating in any way to land use,
buildings, development control, land division, environmental protection,
sewer service, water service, stormwater management, streets and highways
or fire protection that are required for or with respect to the project
or activity for which residential development plan approval is sought,
and an appropriate citation to the controlling statute, regulation
or other law regarding each such permit or approval.
(16)
A reference list of other similar projects and in which communities
they were completed by the developer.
(17)
A list of all documents, materials or information attached to
the application form.
B.
General standards. Without limitation, the following general standards
shall apply to residential development plans and to the review and
approval of such plans:
(1)
All plans shall conform to applicable Village ordinance requirements,
and to all other applicable local, state and federal requirements
relating to land use, buildings, development control, land division,
environmental protection, sewer service, water service, stormwater
management, streets and highways and fire protection; and in the event
of conflicting requirements or standards, the most restrictive shall
apply.
(2)
All plans shall be drawn to a recognized architect's or engineer's
scale that permits the plan to be easily read.
(3)
Building floor plans and elevations may be drawn to an architect's
scale; all other plans shall use an engineering scale no smaller than
one inch equals 40 feet unless a smaller scale is needed to show the
proposed development clearly and is approved by the Village Zoning
Administrator prior to filing.
(4)
Plan sheets shall not exceed 30 inches by 42 inches in size,
unless a larger size is needed to show the proposed development clearly
and is approved by the Village Zoning Administrator prior to filing.
(5)
Each plan sheet shall be titled and numbered.
(6)
Each plan sheet shall state the project name and address or
location.
(7)
Each plan sheet shall contain a graphic scale.
(8)
Each plan sheet depicting a site or some portion thereof from
an overhead perspective shall contain a North arrow.
(9)
Each plan sheet shall state the applicant's name, address, telephone
number and fax number.
(10)
Each plan sheet shall contain the name, address, telephone number,
fax number, state license number, seal and signature of any architect,
professional engineer or land surveyor involved in the preparation
of the plan sheet.
(11)
Each plan sheet shall contain the date of the plan sheet and
the date of each revision thereof.
(12)
Each plan sheet shall distinguish between existing and proposed
buildings, structures, improvements and features shown on the plan,
and shall indicate which (if any) of the existing buildings, structures,
improvements and features shown are proposed to be removed or retained
as part of the project giving rise to the need for residential development
plan review.
(13)
Except as otherwise specifically provided in this chapter (including, without limitation, in Article XVIII), the standards set forth in this article shall be fully applicable to any proposed development of a site on which no principal building or structure is located or on which the existing principal building(s) or structure(s) will be removed in conjunction with the project or activity giving rise to the need for residential developmental plan review.
(14)
Except as otherwise specifically provided in this chapter (including, without limitation, in Article XVIII), the standards set forth in this article shall be fully applicable to any proposed relocation or reconstruction of an existing principal building or structure.
(15)
Except as otherwise specifically provided in this chapter (including, without limitation, in Article XVIII), the standards set forth in this article shall be fully applicable to any proposed commencement of any principal use of real property if a building or parcel of land has been vacant or unused for an allowed principal use for 12 consecutive months or more, regardless of whether the same use was previously conducted in such building or on such land, except to the extent that the application of such standards is constrained by the physical presence or nature of the existing principal building or structure.
(16)
Except as otherwise specifically provided in this chapter, and
to the extent reasonably practicable, any proposed addition to or
structural alteration or repair of an existing principal building
or structure shall invoke the application of all standards relating
to the proposed addition or structural alteration or repair, or relating
to any improvement or modification of the building, structure or site
required as a consequence of the proposed addition or structural alteration
or repair, with the following exceptions:
(a)
In the event the standards relating to building facing or accent
materials would make an addition or repairs to a building or structure
incompatible with the existing building, a reasonable exception to
the standard shall be allowed.
(b)
In the event of a voluntary or required expansion of a graveled
parking lot, the entire parking lot shall be paved with concrete or
asphalt, and if the number of parking spaces exceeds 10, the storm
sewers and storm sewer inlets and other required parking lot improvements
shall be installed to the extent reasonably practicable.
(c)
Any graveled entrance shall be correctly located, sized, concrete
curbed/guttered, paved with concrete or asphalt and otherwise improved
in accordance with the chapter.
(17)
Except as otherwise specifically provided in this chapter, any
proposed new or additional accessory use, or any material change or
intensification of the operations involved in an existing principal
or accessory use shall invoke then-current parking and performance
standards.
(18)
Except as otherwise specifically provided in this chapter, and
to the extent reasonably practicable, any proposed construction, installation,
relocation, expansion or material alteration of any accessory building,
accessory structure or site improvement shall invoke the application
of all standards relating to the proposed improvement or modification,
or relating to any improvement or modification which is required as
a consequence of the proposed improvement or modification.
(19)
Except as otherwise specifically provided in this chapter, any
proposed material alteration or repair of the exterior surfaces of
any building or structure including, without limitation, painting
or siding or roofing such surfaces, or otherwise materially altering
the appearance or aesthetic qualities of the building or structure,
shall invoke the application of all applicable construction design
standards.
(20)
In the context of any residential development plan approval,
the Village Zoning Administrator or the Plan Commission may impose
reasonable requirements, based on the standards of this article, to
make the real property safe, structurally sound, neat, well cared
for and attractive.
(21)
While this chapter recognizes the right to continue nonconforming
uses and nonconforming structures, such rights shall not be free of
reasonable regulation in the context of residential development modifications.
(22)
Any site consisting of more than a single lot shall be unified and integrated through consolidation of all such lots into a single lot, or through a planned development zoning ordinance enacted by the Village Board for the site, or through the imposition on the site of restrictive covenants running with the land and/or through the utilization of other effective legal mechanisms, approved by either the Plan Commission or the Zoning Administrator as appropriate under § 420-57.4 of this chapter, which will ensure that development, use and maintenance of the real property included within the approved site will be subject to ongoing coordinated restrictions and requirements.
(23)
In the context of an approved site consisting of more than a
single lot, on which only a single principal building or a single
group of two or more attached principal buildings will be constructed,
restrictions relating to a lot (e.g., setback requirements, requirements
that an accessory use or accessory structure must be located on the
same lot as the principal use to which it is related, etc.) shall
be applied to the site instead, provided that appropriate restrictive
covenants are in place to prevent the construction of additional principal
buildings on the site.
(24)
No use shall be conducted in such a way as to constitute a public
or private nuisance.
(25)
No use shall be conducted in such a way as to violate any of the performance standards set out in § 420-38 of this chapter.
(26)
All buildings, structures, site improvements and sites shall
be maintained in a safe, structurally sound, neat, well-cared-for
and attractive condition.
(27)
No proposed new or expanded use shall be permitted to create
or significantly exacerbate unsafe traffic conditions on any street
or highway in the Village.
C.
Title sheet. The applicant shall file a plan title sheet as part
of the application for residential development plan approval, which
shall include at least the following information:
(1)
The project name and address.
(2)
The name, address, telephone number and email of the property
owner, applicant, project manager or principal contact person, and
the architect, professional engineer or land surveyor involved in
the preparation of the plans.
(3)
List of government agency contact names, addresses, phone numbers
and email addresses.
(4)
A table of contents indicating plan sheets included in the plans.
(5)
A site location map.
(6)
A chart indicating, at a minimum, the following information:
(a)
Gross site area, if multiple properties, the size of each lot
or outlot, with a total of all lots and outlot areas.
(b)
Net residential density, which is the total number of units
or lots divided by the lands within the neighborhood, excluding floodplains,
wetlands, lands with primary environmental corridors, lands with slope
greater than 20%, public roadway rights-of-way and all lands proposed
for business, manufacturing, institutional and public park and recreational
uses.
(c)
Total building area for each building (residential units, detached
garages, clubhouse or other proposed building).
(d)
Number of living units in each residential building by type
(efficiency, one-bedroom, two-bedroom, etc.) and total living units.
(e)
Number of bedrooms per unit/residential building and total.
(f)
Building footprint area by building and total of all buildings.
(g)
Minimum residential unit size by type (efficiency, one-bedroom,
two-bedroom, etc.).
(h)
Maximum residential unit size by type (efficiency, one-bedroom,
two-bedroom, etc.).
(i)
Area of any wetlands, 100-year floodplain on site to be filled,
remain or adjusted.
(j)
Landscaped area and percentage of gross site area.
(k)
Impervious area and percentage of gross site area (exclude public
right-of-way).
(l)
Current/proposed zoning district(s).
(m)
Number of regular parking spaces (outside).
(n)
Number of regular parking spaces (enclosed in residential building).
(o)
Number of regular parking spaces (enclosed within a detached
garage).
(p)
Number of handicapped accessible parking spaces, outside.
(q)
Number of regular parking spaces (enclosed in residential building).
(r)
Number of regular parking spaces (enclosed within a detached
garage).
(s)
Total regular parking spaces and total handicapped accessible
parking spaces.
D.
Survey. A survey of the site shall be prepared, signed and sealed
by a Wisconsin professional land surveyor, which shall include at
least the following information:
(1)
The dimensions of the site, including the length and bearing
of each property line of the site.
(2)
The area of the site in acres or square feet.
(3)
The legal description of the site.
(4)
The type, location, footprint, outside dimensions, height and
gross floor area (if applicable) of each existing building or structure
on the site, including, without limitation, any walls, fences, paved
driveways, paved parking or loading areas, sidewalks, freestanding
signs, light standards, rail spurs, etc.
(5)
The location, footprint, outside dimensions and purpose of any
graveled areas on the site (e.g., driveways, parking or loading areas,
circulation routes, pedestrian walkways, etc.).
(6)
The location, dimensions and name of any existing highways,
streets or other rights-of-way and any related improvements (e.g.,
bridges, turning lanes, acceleration lanes, medians, median cuts,
traffic signals, etc.) on or adjacent to the site, and with respect
to any such adjacent highways and streets, the location and dimensions
of any existing entrances or exits to or from the site, and the location
and dimensions of any existing intersecting highways, streets, driveways,
or curb cuts that are opposite the site. Also show the spacing between
center lines of existing and proposed driveways adjacent to the side,
including any driveways on the opposite side of the street.
(7)
The location, dimensions and purpose of any existing easements
on the site, or of any existing easements located on surrounding parcels
of land that serve the site.
(8)
The location, dimensions and legal description of any wetlands
on the site, the date the wetlands were staked and the identity of
the agency or organization (and the individual if known) that staked
the wetlands.
(9)
The location of any 100-year floodplain on the site, the elevation
of the 100-year floodplain, and the source of the 100-year floodplain
elevation and date that the surveyor field delineated the 100-year
floodplain.
(10)
The location, dimensions and legal description of any primary
environmental corridor on the site, the date the corridor was staked
and the identity of the agency or organization (and the individual
if known) that staked the corridor.
(11)
The location of the ordinary high-water mark ("OHWM") of any
navigable body of water located on the site, the location of any shoreland
jurisdictional boundary located on the site which is associated with
any navigable body of water located on or near the site, the date
the OHWM of any such navigable body of water was staked and the identity
of the agency or organization (and the individual if known) that staked
the OHWM.
(12)
The location, species and diameter of all existing trees on
the site that are eight inches or more in diameter, measured 60 inches
above the natural grade (the location and dimensions of a wooded area
may be shown rather than individual trees, but any trees in such wooded
area that are proposed to be removed shall be individually shown).
(13)
The location, species and diameter of all existing street trees
in the street right-of-way adjacent to the site.
(14)
The location and setback distance of lines showing the applicable
minimum street setback, side setback, rear setback, shore setback
and wetland setback (if any) on the site, and with respect to any
building or structure that is within three feet of any such setback
line, the distance of such building or structure from such line.
(15)
The distance between buildings, including decks and porches,
as measured from foundations.
(16)
The location, dimensions, type of legal interest, legal description
and purpose of any land or interests in land on the site that are
dedicated or reserved for public use.
(17)
The existing topography on the site and extending at least 50
feet beyond the site (or beyond any adjacent highway, street or other
right-of-way, whichever is greater), shown by contours related to
USGS survey datum at an interval of one foot.
(18)
Top of foundation elevations of all existing and proposed buildings
and structures on the site.
(19)
Spot elevations of representative high points and low points,
of wet areas, and of berms, detention basins, retention basins and
other significant site improvements or features.
(20)
The location and elevation of any benchmark.
(21)
An indication of which (if any) of the existing buildings, structures,
site improvements, trees or other site features shown on the survey
are proposed to be removed or retained as part of the proposed project
or activity giving rise to the need for residential development plan
approval.
E.
Site plan.
(1)
Site plan requirements. A site plan prepared, signed and sealed
by a Wisconsin registered professional engineer shall be filed with
the application for residential development plan approval and shall
include at least the following information:
(a)
The base document of the site plan shall be the survey described in Subsection D above, less the required topographic information and required information relating to existing buildings, structures, site improvements and site features shown on the survey that are proposed to be removed as part of the proposed project or activity giving rise to the need for residential development plan review.
(b)
The type, location, footprint, outside dimensions, height and
gross floor area (if applicable) of each existing or proposed building
or structure to be retained or constructed on the site, including,
without limitation, any walls, fences, paved driveways, parking or
loading areas, sidewalks, freestanding signs, light standards, etc.
(c)
The location, dimensions and name of any existing or proposed
highways, streets or other rights-of-way and any related existing
or proposed improvements (e.g., bridges, turning lanes, acceleration
lanes, medians, median cuts, traffic signals, etc.) to be retained
or constructed on or adjacent to the site; and with respect to any
such adjacent streets or highways, the location and dimensions of
any existing or proposed entrances or exits to or from the site to
be retained or constructed, and how they relate to the location and
dimensions of any existing or proposed intersecting highways, streets,
driveways, curb cuts, medians, median cuts that are opposite the site.
(d)
The location, dimensions and purpose of any existing or proposed
easements on the site, or of any existing or proposed easements on
surrounding parcels to serve the site, which will be retained or created.
(e)
The location on the site of any archeological or historical
sites identified by the state; and any habitat of any endangered species
of animals or plants as identified by the federal government and/or
Wisconsin Department of Natural Resources, and the species involved
and how such habitat will be preserved.
(f)
The location and diameter of all existing or proposed public
and private sanitary sewers, water mains, storm sewers, and the location
and size of any related existing or proposed facilities, such as stormwater
basins, which will be located on the site or which will be located
in adjacent rights-of-way or on adjacent parcels of land and will
serve the site; and the length of each segment of any such proposed
sewer mains, water mains or storm sewers.
(g)
The location of all existing or proposed aboveground or underground
electric power lines, natural gas mains, telephone lines, cable television
lines or other communications lines and related facilities which will
be located on the site or which will be located in adjacent rights-of-way
or on adjacent parcels of land and will serve the site.
(h)
The location, dimensions, and surface type of all existing or
proposed on-site parking and loading areas and the layout and total
number of all parking spaces that will be located on the site.
(i)
The location, dimensions, layout, surface type and name (if
applicable) of all existing or proposed internal vehicular circulation
routes and improvements to be retained, constructed or installed on
the site, including, without limitation, entrances or exits, turning
lanes, curb cuts, driveways, private roads, parking lot aisles, fire
lanes, and related directions of travel, and the layout of circulation
elements (e.g., curbs, islands, etc.) and circulation markings.
(j)
The location, dimensions, layout and surface type of all existing
or proposed internal pedestrian circulation routes and improvements
to be retained, constructed or installed on the site, including, without
limitation, access points, sidewalks, marked walkways, circulation
elements, depressed ramps and bicycle paths.
(k)
The location, dimensions, layout and surface type of all existing
and proposed fire lanes to be retained or constructed on the site.
(l)
The location, dimensions, type of legal interest, legal description
and purpose of any land or interests in land proposed to be dedicated
or reserved or proposed to be dedicated or reserved on the site for
public use.
(m)
The existence, nature and areas of the site affected by existing
or proposed deed restrictions or restrictive covenants that may constrain
development.
(n)
Soil characteristics of the site.
(o)
The location of all existing or proposed utility connections,
metering facilities, fire hydrants, pumper pads, Fire & Rescue
Department remote fire connections, functioning wells, and related
pumping facilities which will be located on the site or which are
or will be located in adjacent rights-of-way or on adjacent parcels
of land and which will serve the site.
(2)
Site plan design standards. In addition to any other applicable
requirements or standards specified in this chapter, the following
requirements or standards shall apply to the site plan:
(a)
Natural features of the site shall be incorporated into the
design of the development to the extent practicable. In addition,
any identified archeological and historical sites shall be preserved
in accordance with any state or federal requirements.
(b)
Floodplains, shorelands and wetlands may be developed or used
only in accordance with applicable Village, state and federal requirements.
(c)
Steep slopes in excess of 20% as measured over a fifty-foot
interval shall not be developed, unless appropriate engineering measures
are proposed.
(d)
Buildings and structures shall be readily accessible to police
and fire/rescue emergency vehicles.
(e)
The location, size, proportion and orientation of buildings
and structures relative to the site and its surroundings shall be
functional and attractive.
(f)
The development of a site shall be designed so as to retain
substantial trees or other elements of the site's natural beauty to
the extent practicable.
(g)
The site plan shall demonstrate compliance with Article VIII of this chapter relating to parking, access and traffic.
(h)
The number of parking spaces provided for in this chapter are
minimum requirements, and the developer/owner shall ensure that adequate
on-site parking is provided for the proposed use(s) on the site operated
at full potential intensity.
(i)
Exterior trash enclosures shall be appropriately screened from view. See additional requirements in Subsection G below.
(j)
Internal vehicular circulation routes shall be clearly separated
from parking and pedestrian areas through the use of landscaped islands,
barrier curbs, lane striping and/or other appropriate means so as
to minimize potential conflicts with parking and pedestrian areas.
(k)
Unless otherwise exempted by the Chief of the Village Fire &
Rescue Department for good cause shown, all circulation lanes adjoining
or in close proximity to the perimeter of the building(s) shall be
designated fire lanes.
(l)
There shall be a minimum of a five-foot-wide paved concrete
pedestrian sidewalk provided between every building entrance or exit
and parking areas and public sidewalks serving such building(s); all
such sidewalks shall be handicapped accessible. If pedestrian walkways
are provided throughout the development that are not classified as
a pedestrian sidewalk, said pedestrian walkway shall be minimum of
five feet wide if private and a minimum of 10 feet wide if public
and shall be paved with asphalt or other Village-approved hard surface.
(m)
Pedestrian sidewalks and walkways shall be located and designed
so that sheet drainage shall not be permitted to flow across the walkway.
(n)
Pedestrian sidewalks and walkways shall generally not have a
longitudinal slope exceeding 5% or a side slope exceeding 2%.
(o)
Public and private sanitary sewer, storm sewer, and water facilities
shall be constructed in accordance with Village requirements, and
electric, gas, cable television and telephone facilities shall satisfy
state and federal requirements and the requirements of the respective
utility company.
(p)
All new on-site electric, gas and communications facilities
serving the site shall be installed underground.
(q)
If buildings and/or parking facilities are proposed to be constructed
so as to be located under existing overhead utility facilities, such
facilities shall be relocated underground.
F.
Grading and drainage plan.
(1)
Grading and drainage plan requirements. A grading and drainage plan prepared, signed and sealed by a Wisconsin registered professional engineer shall be filed with the application for residential developmental approval pursuant to the requirements of Chapters 298, 370, 381 and 405 of the Village Code and the additional requirements listed below:
(a)
The base document of the grading and drainage plan shall be the site plan described in Subsection E above, less the required setback lines.
(b)
The location, species, and size of all existing trees on the
site that are eight inches or more in diameter, measured 60 inches
above the natural grade, and whether such trees are proposed to be
retained or removed.
(d)
The locations and dimensions of snow removal storage areas.
(2)
Grading and drainage plan design standards. In addition to any
other applicable requirements or standards specified in this Zoning
Ordinance, the following requirements or standards shall apply to
the grading and drainage plan:
G.
Building construction plan.
(1)
Building construction plan requirements. Construction plans
prepared, signed and sealed by a Wisconsin registered architect or
Wisconsin registered professional engineer, as appropriate, shall
be filed with the application for residential development plan approval
and shall include at least the following information:
(b)
The construction plans shall be dimensioned, labeled and drawn
to an architectural scale of not less than 1/8 inch equals one foot.
(c)
The construction plans shall include detailed architectural
plans, including, without limitation, elevations and perspective drawings
or sketches illustrating the design and character of the proposed
structures; floor plans with all rooms labeled; and interior egress
plans. Although detailed HVAC, plumbing, electrical and structural
plans are not required for residential development plan approval,
all systems that effect the design of the building and exterior elevations
shall be completed. Furthermore, detailed HVAC, plumbing, electrical,
structural are required to be submitted for building permits. Any
changes to the exterior building or site may require plans to be reconsidered
by the Plan Commission or Zoning Administrator.
(d)
The construction plans shall clearly show room sizes, wall openings,
building projections, locations of all roof-mounted, wall-mounted
or exterior ground-mounted HVAC and utility service equipment and
connections (e.g., sewer sampling manhole, utility connections, water
meters, etc.); and indicate the materials (and percent of coverage
of such materials) and colors of all exterior surfaces (e.g., exterior
walls, roofs, window and door trim, etc.).
(e)
The location and details of all existing and proposed remote touch pad units, key boxes, annunciator panels, pull stations, fire detection devices, fire alarm devices and other safety devices and systems, including fire suppression, sprinkler, standpipe, and restaurant hood suppression systems to be retained or installed, pursuant to the requirements of Chapter 180 of the Village Code.
(f)
Whether or not domestic water and fire protection will be serviced
by the same waterline.
(2)
Construction design standards. In addition to any other applicable
requirements or standards specified in this chapter, the following
requirements or standards shall apply to the construction plans:
(a)
All buildings and structures shall be constructed of high quality
materials using a high quality of craftsmanship.
(b)
All sides, elevations or facades of all buildings or structures
shall be architecturally and aesthetically pleasing, and buildings
shall not be designed to be unorthodox or abnormal as to be unsightly
or offensive, as determined by the Zoning Administrator.
(c)
All buildings shall provide for varying rooflines and architectural
features that provide dimension and pitch.
(d)
All roof-mounted mechanical or electrical equipment shall be
architecturally screened.
(e)
Any pedestal-mounted or ground-mounted mechanical or electrical
equipment shall be screened and landscaped on all sides using materials
identical to or complementary to the materials used in the principal
building.
(f)
Colors used on buildings and structures shall be architecturally
and aesthetically pleasing, and garish, unsightly or bright offensive
primary colors shall not be used.
(g)
All design standards in the underlying zoning district or specified
in a planned unit development or planned development ordinance shall
apply.
(h)
Garbage/recycling dumpster enclosures for storage of solid wastes
and recyclables shall comply with the following requirements:
[1]
All dumpsters and other trash receptacles shall
be stored in an enclosed structure and screened/landscaped from view
from all public rights-of-way, private streets and adjacent residential
uses as approved by the Zoning Administrator.
[2]
Enclosures shall be large enough to include all
solid waste related to the uses in the principal building(s) located
on the site.
[3]
Enclosures shall be located on a paved concrete
surface.
[4]
Enclosures are not required to be under a roof;
however, if a garbage enclosure will be used for the storage of equipment
or other materials, the structure shall include a roof.
[5]
Enclosures shall be constructed of the same brick/stone/block
materials as the principal building or other materials approved by
the Zoning Administrator.
[6]
The nongated side entry shall be provided for residents'
use, provided that no garbage containers can be viewed from this entry.
The opening to an enclosure for garbage truck collection shall be
gated. The gate shall be attached to a heavy-duty metal frame. The
gate material shall be either a nine-gauge chain-link fence, with
a top and bottom bar that has slats that are complementary to the
building color or composite deck material in a color complementary
to the building or other durable material as approved by the Zoning
Administrator that is complementary to the building color.
[7]
The gated opening to enclosures shall remain closed
and secured when not in use.
[8]
Enclosures shall be maintained, clean and neat
and cleaned out routinely to avoid garbage storage outside dumpsters
in the enclosures. All garbage/recycling shall be stored within the
enclosure. Doors to the enclosure shall remain in working order and
shall remain closed at all times except during removal of garbage
or recycling.
(i)
Details/specifications shall be provided for any retaining walls
within the development.
(j)
Mailboxes.
[1]
If the development includes a clubhouse or a common
entrance for all residential units, then all mailboxes shall be provided
inside the clubhouse or the residential building.
[2]
If the development does not include a clubhouse
and all residential units have an individual exterior entrance, then
all the mailboxes for the residential units shall be grouped in an
enclosure with a roof structure covering a paved landing in front
of the mailboxes to allow tenants to retrieve their mail under a covered
area; a sidewalk shall be provided to the mailbox enclosure; the enclosure
shall be constructed of decorative stone or brick with siding to complement
the residential buildings in the development; and the location and
setbacks to property lines shall be approved by the Zoning Administrator.
H.
Lighting plan.
(1)
Lighting plan requirements. An exterior lighting plan shall
be filed with the application for residential development plan approval
and shall include at least the following information:
(b)
The location of all existing and proposed outdoor lighting fixtures
to be retained or installed on the site, together with catalog cuts
or specifications for all such existing and proposed exterior lighting
fixtures, including, without limitation, the type and intensity.
(c)
Photometric plan of the illuminating effect on the site and
on adjacent real property and adjacent public rights-of-way of all
existing and proposed exterior lighting fixtures to be retained or
installed on the site.
(d)
Site lighting shall provide a uniform lighting experience that
provides safety by illuminating walking paths, parking and loading
areas, architectural building lighting and any potential obstacles
to traffic.
(2)
Lighting plan standards. In addition to any other applicable
requirements or standards specified in this Zoning Ordinance, the
following requirements or standards shall apply to the lighting plan:
(a)
Light fixtures shall be selected with care to ensure that they
are styled and appropriately scaled to ensure that they are functionally
and aesthetically compatible with the character of their surroundings.
(b)
Luminaries shall be LED fixtures located, aimed and shielded
so as to minimize glare with a 3,000K temperature rating.
(c)
The maximum allowable light spillover to an adjacent property
shall be 0.0 footcandle measured at the property line, four feet above
grade.
(d)
Lighting levels shall be measured in footcandles with a direct-reading,
portable light meter, as follows:
[1]
The meter sensor shall be mounted not more than
four feet above the ground line in a horizontal position.
[2]
Readings shall be taken only after the cell has
been exposed long enough to provide a constant reading.
[3]
Measurements shall be made after dark, first with
the light sources in question on, then with the same sources off.
[4]
The difference between the two readings shall be
compared to the maximum permitted illumination.
(e)
All lighting wires/cables shall be placed underground.
(f)
Accent lighting should be used to highlight architectural and
landscape design elements when appropriate.
(g)
Lights in a parking lot shall be placed within grass/landscaped
areas behind the curb. The lights may be placed on concrete bases
that do not exceed 18 inches above grade. The total height (base,
light post and head) shall not exceed 20 feet in height above grade.
(h)
Pedestrian lights shall be placed within grass/landscaped areas
behind the curb. The lights may be placed on concrete bases that do
not exceed six inches above grade. The total height (base, light post
and head) and shall not exceed 15 feet in height above grade. The
height of the concrete base may be increased on a case-by-case basis
upon review by the Zoning Administrator.
(i)
Pedestrian sidewalks/walkways and parking areas shall be illuminated
to a sufficient level so as to provide for reasonable security.
I.
Landscape and open space plan.
(1)
Landscape and open space plan requirements. A landscape and
open space plan shall be filed with the application for residential
development plan approval and shall include at least the following
information:
(a)
The base document for the landscape and open space plan shall be the grading and drainage plan described in Subsection F above;
(b)
The specific location of all existing and proposed landscaping
(e.g., trees, shrubs, flowers, ground cover, mowed grass, natural
cover and nonliving ground cover, etc.) to be retained or installed
on the site; any existing landscaping to be removed shall be clearly
identified.
(c)
The plans shall clearly show what specific plants are proposed
at specific locations. In addition, the plants on the plans shall
be drawn to scale in relation to mature spread.
(d)
A chart shall be provided on the plans that shows the following:
[1]
Scientific and common names of all existing and
proposed plants.
[2]
Proposed quantity of plants or materials.
[3]
Installation size and height.
[4]
Intended maintained size and/or mature size (height
and spread).
[5]
Square footage of parking lot area.
[6]
Square footage of interior parking lot landscaped
area and the percentage of total parking lot area represented by such
landscaped area.
[7]
Square footage of open space on the site.
(e)
Description of how plantings and buffer areas will be maintained,
including location of any required irrigation systems.
(f)
All existing and proposed public or private street trees to
be retained or planted in the street rights-of-way adjacent to the
site.
(2)
Landscape and open space design standards. In addition to all
other applicable landscape and open space requirements or standards
specified in this chapter, the following requirements and standards
shall apply:
(a)
All areas of the site that are not impervious, exclusive of
landscape elements or landscaped planting beds, or wetlands or other
areas approved for natural growth because of environmental concerns,
shall be seeded or sodded and maintained in a manicured condition.
(b)
Aesthetically pleasing foundation landscaping shall be installed
around the perimeter of principal buildings.
(c)
Garbage enclosures which are visible from public rights-of-way
shall be screened by aesthetically pleasing landscaping.
(d)
In addition to the requirements in Article VIII in this chapter related to traffic, parking and access, parking lots shall be screened from public rights-of-way and/or adjacent to single-family or two-family residential zoning districts. The screening shall be installed in close proximity to the parking lot and shall be 70% opaque to a height of at least three feet above the grade of the nearest edge of such parking lot within three years of installation, and may consist of shrubs and trees, an appropriately landscaped undulating berm or a fence, decorative masonry block, brick or stone wall with sufficient landscaping installed in front to break the stark line of the wall.
(e)
Landscaping is required to be installed around stormwater basins
and within any outlots and open spaces.
(f)
Minimum planting sizes of primary plant materials:
(g)
Minimum planting sizes of accent materials, such as prairie
grasses and perennials, shall be a minimum of one gallon at planting
in locations as approved by the Plan Commission or Zoning Administrator.
(h)
Detailed description of a landscape maintenance program that
will ensure that approved landscaping is maintained and replaced as
needed.
(i)
All required landscaping or screening shall be installed prior
to occupancy, and written verification and/or certification, on letterhead,
shall be provided to the Village by the landscape designer that the
landscaping has been installed in accordance with the approved landscape
plan prior to the issuance of a certificate of occupancy (if weather
conditions prevent installation of all or portions of the landscape
materials, the developer, owner or occupant shall enter into a written
agreement with the Village that specifies the date by which all approved
landscaping shall be completed and grants the Village a temporary
easement to complete the landscaping if not timely completed, and
shall deposit with the Village Clerk a cash deposit, an irrevocable
letter of credit, or other financial assurance approved by the Zoning
Administrator to ensure timely completion of all required landscaping;
the amount of the financial assurance shall be equal to 110% of the
contracted amount to complete the landscaping improvements in order
to reasonably compensate the Village for the cost of completion of
any landscaping improvements not completed within the specified time.
(j)
One street tree per every 50 feet of public or private street frontage shall be planted when such trees are not already present in accordance with the requirements of Chapter 405 of the Village Code. Any existing street trees shall be pruned, remulched, staked as needed and any dead or diseased trees shall be replanted. Identify these requirements on the plans and note trees required to be replanted.
(k)
At a minimum, an irrigation system shall be required to be installed
and be operational for landscaping around the building foundations,
open space or courtyard areas between buildings and for landscaping
to screen any parking lot.
(l)
Each parking lot island or peninsula shall have at least one
deciduous tree two inches in diameter at a height of 54 inches above
the grade installed (and an additional deciduous tree for every 18
feet of island or peninsula length over 10 feet), together with a
variety of appropriate shrubs and ground cover. Grass turf is required
in all large landscape islands.
(m)
Landscape plants shall have year-round plantings of a season
variety.
J.
Signage plan. With respect to all proposed signs, and all proposed modifications of existing signs, the applicant shall file with the application for residential development plan approval a signage plan that satisfies the sign permit application requirements of Article X of this chapter, unless review of the signage plan is deferred pursuant to § 420-57.5G above. With respect to all existing signs, the applicant shall file with the application for residential developmental plan approval photographs of all such existing signs pursuant to Subsection A(9) above and shall specify in the written statement accompanying each such photograph of a sign the dimensions of such sign. (Article X of this chapter specifies how certain types of signs are to be measured.) All on-site development direction and traffic signage shall be installed on black round poles with finials.
K.
Development phasing plan. The applicant shall prepare and file with
the application for residential development plan approval a development
phasing plan and a narrative statement explaining in detail the timing
of each phase.
L.
Security system. A digital security imaging system pursuant to the information set forth and specified in Chapter 410 of the Village Code related to the digital security imaging system and easement requirements shall be required to be submitted and approved.
M.
City of Kenosha Airport Overlay approval. Any properties within the
Village that are located within three miles of the Kenosha Regional
Airport boundaries shall comply with the City of Kenosha's Airport
Overlay District regulations. Written approval from the City of Kenosha
shall be submitted to the Village prior to the issuance of any building
permits.
N.
Additional requirements. The applicant shall file with the application
for residential development plan approval, or supplement such application
with, any other or additional information or materials that may reasonably
be required by the Zoning Administrator or the Plan Commission based
upon the particular facts and circumstances of the application and
the proposed use(s) and operation(s) to be conducted on the site.
Without limitation, and by way of illustration only, such additional
requirements may include the following:
(1)
If poor quality soils are present, a geotechnical engineering
report from a qualified engineering firm may be required by the Village
to ensure that the proposed development or certain aspects thereof
can be successfully built as proposed.
(2)
If maintenance of private drainage improvements is a concern
to the Village, the developer will be required to obtain off-site
drainage easements to ensure compliance with the grading and drainage
plan requirements.
(3)
If the capacity of adjacent streets or highways is in question
by the Village, Kenosha County or State of Wisconsin Department of
Transportation, then a traffic impact study will be required and the
developer is obligated to design and construct required roadway improvements
pursuant to the traffic impact study.
(4)
If environmental impacts are in question, an environmental impact
study may be required by the Village.
(5)
If historic sites are threatened, a historic site impact study
may be required.
