[NOTE: The original Comprehensive Plan and Amendments
were adopted by the Town of Somers and readopted by the Village of
Somers after incorporation of the Village of Somers.]
This chapter is adopted under the authority granted by § 236.45
of the Wisconsin Statutes and Chapters 61 and 66 of the Wisconsin
Statutes, as amended.
The purpose of this chapter is to regulate and control the division
and physical improvements of land setting minimum standards for development
within the limits of the Village in order to promote the public health,
safety, morals, prosperity, aesthetics and general welfare of the
Village and its environs.
It is the general intent of this chapter to regulate the division
of land so as to:
(A)
Obtain the wise use, conservation, protection and proper development
of the Village's soil, water, wetland, woodland and wildlife resources
and attain a proper adjustment of land use and development to the
supporting and sustaining natural resource base.
(B)
Lessen congestion in the streets and highways.
(C)
Further the orderly layout and appropriate use of land.
(D)
Further safety from fire, panic and other danger.
(E)
Facilitate adequate provision for housing, transportation, water
supply, storm water, waste water, parks, playgrounds and other public
facilities and services.
(F)
Secure safety from flooding, water pollution, disease and other
hazards.
(G)
Prevent flood damage to persons and properties and minimize
expenditures for flood relief and flood control projects.
(H)
Prevent and control erosion, sedimentation and other pollution
of surface and subsurface waters.
(I)
Preserve natural vegetation and cover and promote the natural
beauty of the Village.
(J)
Restrict building sites on areas covered by soils poorly suited
for development.
(K)
Facilitate the further division of larger tracts into smaller
parcels of land.
(L)
Ensure adequate legal description and proper monumentation of
subdivided land.
(M)
Provide for the administration and enforcement of this chapter.
(N)
Provide penalties for violation of this chapter.
(O)
Implement those municipal, county, watershed or regional comprehensive
plans or their components adopted by the Village and in general to
facilitate enforcement of Village development standards as set forth
in the adopted regional, county and local comprehensive plans, adopted
plan components, zoning ordinance and Village building ordinance.
(P)
Avoid the harmful effects of premature division of land.
(Q)
Preserve primary agricultural land.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, agreements,
rules, regulations or permits previously adopted or issued pursuant
to law. However, where this chapter imposes greater restrictions,
this chapter shall govern.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the Village and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
(A)
If any section, provision or portion of this chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected.
(B)
The Village does not guarantee, warrant or represent that only
those soils listed as being unsuitable for specific uses are the only
unsuitable soils within the Village and thereby asserts that there
is no liability on the part of the Village Board, its agencies or
employees for sanitation problems or structural damages that may occur
as a result of reliance upon, and conformance with, this chapter.
For purposes of this chapter, the following specific words and
phrases and their definitions shall apply:
(A)
ALLEY — A special public way affording only secondary
access to abutting properties.
(B)
ARTERIAL STREET — A street used or intended to be used
primarily for fast or heavy through traffic. Arterial street shall
include freeways and expressways as well as standard arterial streets,
highways and parkways.
(C)
BLOCK — A tract of land bounded by streets, a combination
of streets, public parks, cemeteries, railroad rights-of-way, shorelines
of navigable waters and municipal boundaries.
(D)
BUILDING LINE — A line parallel to a lot line and at a
distance from the lot line to comply with the terms of this chapter.
(E)
CERTIFIED SURVEY MAP — A plat or map prepared for a minor
land division as defined in § 18.07(T) and prepared and
recorded as set forth in § 236.34 of the Wisconsin Statutes.
(F)
COLLECTOR STREET — A street used or intended to be used
to carry traffic from minor streets to the major system of arterial
streets including the principal entrance streets to residential developments.
(G)
COMMUNITY — Village of Somers, Kenosha County, municipality,
or a group of adjacent towns or municipalities having common social,
economic or physical interests.
(H)
CONDOMINIUM — Property subject to a condominium declaration
as defined and regulated by Chapter 703 of the Wisconsin Statutes.
(I)
COMPREHENSIVE PLAN — The extensively developed plan, also
called a master plan, recommended by the Village Plan Commission and
adopted by the Village Board pursuant to the Wisconsin Statutes, including
proposals for future land use, transportation, urban redevelopment
and public facilities pursuant to § 66.1001 of the Wisconsin
Statutes.
(J)
CUL-DE-SAC — A local street with only one outlet and having
an appropriate turnaround reversal of traffic movement.
(K)
DEVELOPER — Any person, firm or corporation, or any agent
thereof, dividing or proposing to divide land resulting in a subdivision,
minor land division, other minor land division or replat.
(L)
FLOODLANDS — Those lands including floodplains, floodways
and channels subject to inundation by the 100-year recurrence interval
flood or where such data is not available the maximum flood of record.
(M)
FRONTAGE STREET — A minor street auxiliary to and located
on the side of an arterial street for control of access and for service
to the abutting development.
(N)
HIGH WATER ELEVATION (SURFACE WATER) — The average annual
high water level of a pond, stream, lake, flowage or wetland referenced
to an established datum plane or where such elevation is not available
the elevation of the line up to which the presence of the water is
so frequent as to leave a distinct mark by erosion, change or destruction
of vegetation or other easily recognized topographic, geologic or
vegetative characteristics.
(O)
HIGH GROUNDWATER ELEVATION — The highest elevation to
which subsurface water rises. This may be evidenced by the actual
presence of water during wet periods of the year or by soil mottling
during drier periods. "Mottling" is a mixture or variation of soil
colors. In soils with restricted internal drainage, colors of gray,
yellow, red and brown are intermingled giving a multi-colored effect.
(P)
LOT — A parcel of land of at least sufficient size to
meet minimum zoning requirements for use, width and area as set forth
in the Village zoning ordinance.
(Q)
LOT, CORNER — A lot abutting two or more streets at their
intersection provided that the corner of such intersection shall have
an angle of 135° or less measured on the lot side.
(R)
LOT, DOUBLE FRONTAGE — A lot other than a corner lot,
with frontage on more than one street. Double frontage lots shall
normally be deemed to have two front yards, two side yards and no
rear yard. Double frontage lots shall not generally be permitted unless
the lot abuts an arterial highway. Double frontage lots abutting arterial
highways should restrict direct access to the arterial highway by
means of a planting buffer or some other acceptable access buffering
measure.
(S)
MINOR STREET — A street used or intended to be used primarily
for access to abutting properties.
(T)
MINOR LAND DIVISION, a/k/a CERTIFIED SURVEY MAP — The
division of land by the owner or developer resulting in the creation
of one but not more than six parcels or building sites any of which
is 20 acres in size or less, the division of a block, lot or outlot
within a recorded subdivision plat into not more than six parcels
or building sites without changing the exterior boundaries of the
block, lot or outlot or any division of land greater than five acres
that does not meet the standards required of a subdivision.
(U)
MUNICIPALITY — Shall mean the Village of Somers, Kenosha
County, Wisconsin.
(V)
NATIONAL MAP ACCURACY STANDARDS — Standards governing
the horizontal and vertical accuracy of topographic maps and specifying
the means for testing and determining such accuracy endorsed by all
federal agencies having surveying and mapping functions and responsibilities
— These standards having been fully reproduced in Appendix F
of the Southeastern Wisconsin Regional Planning Commission Technical
Report #7, 2nd Edition Horizontal and Vertical Survey Control in Southeastern
Wisconsin.
(W)
NAVIGABLE STREAM — Any stream capable of floating any
boat, skiff or canoe of the shallowest draft used for recreational
purposes and meeting other requirements of the Wisconsin Department
of Natural Resources.
(X)
OTHER MINOR LAND DIVISIONS — Any division of land resulting
in at least two parcels of land over 20 acres.
(Y)
OUTLOT — A parcel of land other than a lot or block designated
on the plat, but not of standard lot size, which can be either redivided
into lots or combined with one or more other adjacent outlots or lots
in adjacent subdivisions or minor land divisions in the future for
the purpose of creating buildable lots.
(Z)
PRELIMINARY PLAT — A map showing the salient features
of a proposed subdivision submitted to an approving authority for
purposes of preliminary consideration.
(AA)
PUBLIC WAY — Any public road, street, highway, walkway,
drainageway or part thereof.
(BB)
REPLAT — The process of changing, or the map or plat which
changes the boundaries of a recorded subdivision plat, certified survey
map, or outlot — The division of a larger block, lot or outlot
within a recorded subdivision plat or certified survey map without
changing the exterior boundaries of the block, lot or outlot is not
a replat.
(CC)
SHORELANDS — Those lands within the Village lying within
1,000 feet from the ordinary high water elevation of navigable lakes,
ponds and flowages or 300 feet from the ordinary high water elevation
of navigable streams or to the landward side of the floodplain, whichever
is greater.
(DD)
SOIL MAPPING UNIT — Soil type, slope and erosion factor
boundaries as shown on the operational soil survey maps prepared by
the U.S. Soil Conservation Service.
(EE)
SUBDIVISION — The division of a lot, outlot, parcel or
tract of land by the owners or their agents for the purpose of transfer
of ownership or building development where the act of division creates
five or more parcels or building sites or where the act of division
creates five or more parcels or building sites by successive division
within a period of five years irrespective of size and which require
submission and approval of preliminary and final plat.
(FF)
VILLAGE — Shall mean the Village of Somers, Kenosha County,
Wisconsin.
(GG)
WETLANDS — As defined in Chapter NR103 of the Wisconsin
Administrative Code wetlands are an area where water is at, near or
above the land surface long enough to be capable of supporting aquatic
or hydrophytic vegetation and which has soils indicative of wet conditions.
(HH)
WISCONSIN ADMINISTRATIVE CODE — The rules of administrative
agencies having rule-making authority in Wisconsin, published in loose-leaf,
continual revision system as directed by § 35.93 and Chapter
227 of the Wisconsin Statutes including subsequent amendments to those
rules.
Jurisdiction of this chapter shall include all lands within
the Village. All divisions of land within the Village, including condominiums,
no matter if they are considered major, minor, or other, shall be
submitted to the Village Plan Commission for review and recommendation
to the Village Board for approval or rejection. The provisions of
this chapter as it applies to divisions of tracts of land into less
than five parcels shall not apply to:
(A)
Transfer of interest in land by will or pursuant to court order.
(B)
Leases for a term not to exceed 10 years, mortgages or easements.
(C)
Sale or exchange of parcels of land between owners of adjoining
property if additional lots are not created and the lots resulting
are not reduced below the minimum size required by this chapter, the
zoning ordinance or other applicable laws or ordinances.
No person shall divide any land located within the jurisdictional
limits of the Village which results in a subdivision, minor land division,
other minor land division, condominium or a replat as defined in this
chapter. No subdivision, minor land division, other minor land division,
condominium or replat shall be entitled to recording and no street
shall be laid out or improvements made to land without compliance
with all requirements of this chapter and the following:
(A)
Chapter 236 of the Wisconsin Statutes.
(B)
Chapter 703 of the Wisconsin Statutes.
(C)
Rules of the Wisconsin Department of Commerce Division of Health
regulating lot size and lot elevation if the land to be subdivided
is not served by a public sewer and provisions for such service have
not been made.
(D)
Rules of the Wisconsin Department of Transportation relating
to safety of access and the preservation of the public interest and
investment in the highway system if the land owned or controlled by
the developer abuts on a state trunk highway or connecting street.
(E)
Duly approved comprehensive plans or comprehensive plan components
of the Town.
(F)
Village zoning ordinance and all other applicable local and
county ordinances.
(G)
Rules of the Wisconsin Department of Natural Resources, Army
Corp of Engineers and the Environmental Protection Agency.
(H)
Compliance. Adopted land use and transportation plans, the official
map, land division provisions, building line provisions and capital
improvement programs.
(A)
Authority. Pursuant to § 62.23(2) and (3) and § 61.35
of the Wisconsin Statutes, the Village of Somers is authorized to
prepare and adopt a comprehensive plan as defined in § 66.1001(1)(a)
and § 66.1001(2) of the Wisconsin Statutes.
(B)
Public Participation. The Village Board of the Village of Somers,
Wisconsin, had adopted written procedures designed to foster public
participation in every stage of the preparation of a comprehensive
plan, as required by § 66.1001(4)(a) of the Wisconsin Statutes.
(C)
Intergovernmental Cooperation. The Village has cooperated with
Kenosha County, UW-Extension, and SEWRPC to prepare a multi-jurisdictional
comprehensive plan that will serve as the comprehensive plan for the
Village of Somers and for Kenosha County, which is documented in the
report titled "A Multi-Jurisdictional Comprehensive Plan for Kenosha
County: 2035".
(D)
Plan Commission Review. The Commission of the Village of Somers,
by a majority vote of the entire Commission recorded in its official
minutes, has adopted a resolution approving the comprehensive plan
and recommending to the Village Board the adoption of the document
entitled "A Multi-Jurisdictional Comprehensive Plan for Kenosha County:
2035", containing all of the elements specified in § 66.1001(2)
of the Wisconsin Statutes.
(E)
Public Hearing. The Village has duly noticed and held at least
one public hearing on the comprehensive plan, in compliance with the
requirements of § 66.1001(4)(d) of the Wisconsin Statutes.
(F)
Adoption. The Village Board of the Village of Somers, Wisconsin,
does, by the enactment of this ordinance, formally adopt the document
entitled, "A Multi-Jurisdictional Comprehensive Plan for Kenosha County:
2035", pursuant to § 66.1001(4)(c) of the Wisconsin Statutes,
as the Village of Somers comprehensive plan.
(G)
Effective Date. This ordinance shall take effect upon passage
by a majority vote of the members-elect of the Village Board and publication
or posting as required by law.
(A)
Streets, Highways and Drainageways. Whenever a tract of land
to be divided within the Village encompasses all or any part of an
arterial or collector street, drainageway, Village road, or any other
public way which has been designated on a duly adopted Village, regional
comprehensive plan, comprehensive plan, comprehensive plan component
or as otherwise determined by the Village, such public way shall be
made a part of the plat or map and dedicated by the developer in the
locations and dimensions indicated on the plat or map and in accordance
with the procedures set forth in this chapter.
(B)
Parks and Playgrounds. Whenever a tract of land to be divided
within the Village encompasses all or any part of a park or playground
which has been designated on a duly adopted Village, regional comprehensive
plan, comprehensive plan component or as otherwise determined by the
Village, such park or playground shall be made a part of the plat
and dedicated or reserved by the developer in the locations and dimensions
indicated on such plan or map and in accordance with the procedures
set forth in this chapter.
(A)
Developer's Agreement. Before final approval by the Village
Board of any plat, certified survey map, planned unit development,
multi-unit dwelling plan or condominium plat, the developer shall
enter into a developer's agreement with the Village. The agreement
shall provide that the Village shall oversee the construction of all
improvements required by the development including streets, street
signs, sanitary sewer, municipal water, storm water management improvements
and implementation of grading plans. The developer shall provide the
Village evidence of competitive bidding satisfactory to the Village
and the response of the low responsible bidder with whom the developer
intends to enter into a contract. The developer shall be responsible
for paying all costs associated with the proposed improvements as
they come due. The Village may review and receive recommendations
from the Village Engineer regarding the estimated cost of the proposed
improvements and the developer bids. The developer shall deposit with
the Village in the form of cash or letter of credit 125% of the estimated
cost of the proposed improvements including the estimated cost of
all engineering, legal and administrative costs of the Village associated
with the proposed improvements. The letter of credit shall be approved
in substance and in form by the Village and Village Attorney. The
letter of credit may be unilaterally used by the Village to pay for
the improvements and any other costs as they become due if the developer
fails to do so. Any funds or portion of the letter of credit remaining
after all improvements have been completed and all costs paid will
be refunded or released to the developer. Any costs which exceed the
developer's estimates or are incurred as a result of any change orders
shall be billed to the developer and paid within 30 days of billing.
The developer shall be required to deposit with the Village additional
cash or a letter of credit in the amount of 125% of any costs which
exceed the developer's estimates or which are incurred as a result
of any change orders within 30 days of incurring such costs as a condition
of being allowed to continue the development. The agreement shall
also require the developer to indemnify and hold harmless the Village
from any and all claims arising out of the development including the
payment of all expenses, including expert and attorney fees, incurred
by the Village in connection with any such claims. The developer's
deposit with the Village shall be increased accordingly to provide
for the payment of any such expenses incurred by the Village.
(B)
Engineer Option. The developer shall use his own engineer to
design and document all required improvements as listed in § 18.11(A)
above and subject to the following:
(1)
There will be only one engineer responsible for the design portion
of all the project improvements and their credentials shall include
a minimum of 10 years experience in municipal work.
(2)
The credentials of the developer's engineer must be reviewed
by the Village Board.
(3)
The Village Engineer shall review all plans, specifications
and other documents related to the project and work with the developer's
engineer to resolve any problems and insure compliance with minimum
Village standards.
(4)
Upon completion and review of the working drawings, the developer's
engineer shall submit one set of mylar sepia's and one CD of the working
drawings in approved format to the Village Engineer. If the development
proceeds to construction, the developer shall be responsible for the
payment of all construction related services of the Village Engineer
for staking, observing and preparing record drawings for the development.
(5)
All engineering fees of the Village Engineer for design coordination
with the developer's engineer shall be paid in full to date and projected
construction observation fees shall be deposited with the Village
Clerk/Treasurer prior to any work commencing. These fees shall be
included in the calculation of the 125% cash or letter of credit required
to be deposited with the Village pursuant to § 18.11(A)
of this chapter.
(6)
The developer shall pay all costs as listed elsewhere in this
chapter along with all costs of the Village Engineer as the project
progresses.
(7)
The special options listed in this section shall be clearly
stated and agreed to in the developer's agreement including the naming
of the design engineer.
(8)
The construction requirements set forth in § 18.28(B)
of this chapter.
(C)
Survey Monuments. Before final approval of any plat, certified
survey map, planned unit development, multi-unit dwelling plan or
condominium plat, the developer shall install survey monuments placed
in accordance with the requirements of § 236.15 of the Wisconsin
Statutes and the Village Engineer.
(A)
Where in the judgment of the developer it would be inappropriate to literally apply the provisions of § 18.26 and § 18.27 of this chapter because exceptional or undue hardship would result, the developer may apply to the Board of Appeals for a variance to waive or modify the requirements to the extent deemed just and proper. No variance shall be granted unless the Board of Appeals finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1)
Exceptional Circumstances. That exceptional, extraordinary or
unusual circumstances or conditions exist where a literal enforcement
of the provisions of this chapter would result in severe hardship.
Such hardships should not apply generally to other properties or be
of such a recurrent nature as to suggest that the land division ordinance
should be amended.
(2)
Preservation of Property Rights. That the variance is necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same vicinity.
(3)
Absence of Detriment. That the variance will not create substantial
detriment to adjacent property and will not materially impair or be
contrary to the purpose and spirit of this chapter or the public interest.
(B)
The Village Board may waive the placing of monuments required
under § 236.15(b), (c) and (d) of the Wisconsin Statutes
for a reasonable time on the condition that the developer execute
a surety bond to ensure the placing of such monuments within the required
time limits established by statute.
(A)
No land shall be subdivided for residential, commercial, industrial
or other use which is determined to be unsuitable for such use by
the Village Board for reasons of flooding, inadequate drainage, adverse
soil or rock formation, unfavorable topography or any other feature
likely to be harmful to the health, safety or welfare of the future
residents or occupants of the proposed development or of the Village.
(B)
The Village Board in applying the provisions of this section
shall recite in writing the particular facts upon which the Village
Board bases its conclusion that the land is unsuitable for residential,
commercial, industrial or other use and afford the developer an opportunity
to present evidence in rebuttal to the finding of unsuitability. Thereafter
the Village Board may affirm, modify or withdraw its determination
of unsuitability.
No person shall build upon, divide, convey or place monuments
on any land in violation of this chapter or the Wisconsin Statutes,
and no person shall be issued a building permit by the Village unless
all provisions and requirements of this chapter have been met. The
Village may institute appropriate action or proceedings to enjoin
violations of this chapter or the Wisconsin Statutes.
(A)
Any person who violates or fails to comply with the provisions
of this chapter shall upon conviction forfeit not less than $100,
nor more than $500, plus the costs of prosecution for each offense.
The penalty for nonpayment of the forfeiture and costs shall be imprisonment
in the county jail until payment, but not exceeding 30 days. Each
day a violation exists or continues shall constitute a separate offense.
Violations and concomitant penalties shall include:
(1)
Recordation improperly made carries penalties as provided in
§ 236.30 of the Wisconsin Statutes.
(2)
Conveyance of lots in unrecorded plats carries penalties as
provided in § 236.31 of the Wisconsin Statutes.
(3)
Monuments disturbed or not placed carries penalties as provided
in § 236.32 of the Wisconsin Statutes.
(B)
An assessor's plat made under § 70.27 of the Wisconsin
Statutes may be ordered as a remedy by the Village, at the expense
of the developer, when a subdivision is created by successive divisions.
Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal as provided in § 236.13(5)
and Chapter 68 of the Wisconsin Statutes within 30 days of notification
of the rejection of the plat. Where failure to approve is based on
an unsatisfied objection, the agency making the objection shall be
made a party to the action. The court shall direct that the plat be
approved if it finds that the action of the approving or objecting
agency is arbitrary, unreasonable or discriminatory.
Prior to the filing of an application for the approval of a
preliminary plat, the developer shall meet with the Village staff
in order to obtain their advice and assistance. This meeting shall
be termed the pre-preliminary plat stage of the land division procedure
and is intended to inform the developer of the purpose and objectives
of this chapter, the comprehensive plan, comprehensive plan components,
the duly adopted plan implementation devices of the Village, and to
otherwise assist the developer in planning the development. Both the
developer and Village planning agency may reach mutual conclusions
regarding the general programs and objectives of the proposed development
and its possible effects on the neighborhood and community so the
developer will gain a better understanding of the subsequent required
procedures. The pre-preliminary plat stage of the land division procedure
shall include the following steps and the following information shall
be provided to the Village staff:
(A)
The developer shall prepare a conceptual development plan at
a scale no smaller than of one inch equals 100 feet for all the contiguous
lands in which the developer has legal or equitable interest.
(B)
The conceptual development plan shall include enough information
to set forth the proposed development potential of the parcel to the
satisfaction of the Village staff and shall include at least the following:
(1)
Topographic mapping at not greater than four-foot contour intervals;
(2)
Soil characteristics or interpretations secured from detail
soil maps prepared by the U.S.D.A. Soil Conservation Service.
(3)
The limits of woodland cover and wetlands on the entire parcel.
(4)
Location of lakes, ponds, streams or "kettles", standing water
and designated floodplain(s) and lowland conservancy areas on the
parcel.
(5)
Areas of steep (12% or more) slope conditions, high water table
conditions, and potential drainage and erosion problems.
(6)
Existing and proposed access from proposed parcels to adjacent
streets, roads, or properties.
(7)
Proposed street location and width.
(8)
Proposed lots including size to the nearest 1/10 acre.
(9)
Any other pertinent information useful to the developer and
the Village Plan Commission in their determination of the developability
of the parcel.
(10)
Conceptual utility layout depicting the locations of all proposed
sanitary sewer, water main and storm water management facilities.
(11)
Phasing limits, as appropriate.
(C)
Following review of and comments on the conceptual development
plan by Village staff, the Village Plan Commission shall either reject
the conceptual development plan giving reasons for rejection, or approve
the conceptual development plan and make necessary and appropriate
recommendations and conditions regarding rezoning of the parcel. Review
and approval of the conceptual development plan shall not bind the
Village Plan Commission or the Village Board to approval of the preliminary
plat when submitted.
(D)
Through the conceptual development plan procedure it is expected
that the developer, Village staff and Village Plan Commission will
reach mutual conclusions regarding the general design and objectives
of the proposed development and its possible effects on the Village.
The developer will also gain a better understanding of the subsequent
required procedures so the entire process may be expedited.
(A)
Before submitting a final plat for approval, the developer shall
prepare a preliminary plat and a letter of application which shall
be filed concurrently with the Village Clerk/Treasurer. The preliminary
plat shall be prepared in accordance with this chapter and the developer
shall file not less than 20 copies of the plat and the application
with the Village Clerk/Treasurer at least 30 days prior to the meeting
of the Village Plan Commission at which action is desired.
(B)
The Village Clerk/Treasurer shall transmit a copy of the preliminary
plat to all affected Village boards, commissions or departments, and
all affected local utility companies for their review and recommendations
concerning matters within their jurisdiction. Their recommendations
shall be transmitted to the Village Plan Commission within 20 days
from the date the plat is filed. The preliminary plat shall be reviewed
by the Village Plan Commission for conformance with this chapter and
all rules, regulations, comprehensive plans and comprehensive plan
components.
(A)
The objecting agencies shall within 20 days of the date of receiving
their copies of the preliminary plat notify the developer and all
other approving and objecting agencies of any objections. If there
are no objections, the objecting agencies shall so certify on the
face of the copy of the plat and shall return that copy to the Village
Clerk/Treasurer. If an agency fails to act within 20 days, the objecting
agency shall be deemed to have no objection to the plat.
(B)
The Village Plan Commission shall within 60 days of the date
of filing a preliminary plat with the Village Clerk/Treasurer recommend
approval, conditional approval or rejection of the plat and shall
transmit the preliminary plat and application along with its recommendations
to the Village Board.
(C)
When the Village Plan Commission schedules review of proposed
preliminary plat, the Village Clerk/Treasurer shall give at least
10 days' prior written notice of the Village Plan Commission meeting
to the Clerk of any municipality whose boundaries are within 1,000
feet of any portion of the proposed plat. Failure to give such notice
shall not invalidate the plat.
(D)
The Village Board shall within 90 days of the date of filing
of the preliminary plat with the Village Clerk/Treasurer approve,
approve conditionally or reject the preliminary plat unless the time
is extended by written agreement with the developer.
(E)
Failure of the Village Board to act within 90 days or during
any agreed extension period shall constitute an approval of the preliminary
plat as filed.
(F)
Approval or conditional approval of a preliminary plat shall
not constitute automatic approval of the final plat, except that if
the final plat is submitted within six months of preliminary plat
approval and conforms substantially to the preliminary plat layout
as provided in § 236.11(1)(b) of the Wisconsin Statutes,
the final plat shall be entitled to approval with respect to such
layout subject to such other conditions as may be placed on the preliminary
plat approval. The preliminary plat shall be deemed an expression
of approval or conditional approval of the layout submitted as a guide
to the preparation of the final plat which will be subject to further
consideration by the Village Plan Commission and Village Board at
the time of its submission.
(A)
General. A preliminary plat shall be required for all subdivisions.
The preliminary plat shall be based upon a survey by a registered
land surveyor prepared at a map scale no smaller than 100 feet to
the inch showing correctly on its face the following information:
(1)
Title or name under which the proposed subdivision is to be
recorded. The title or name shall not be the same or similar to the
title or name of a previously approved and recorded plat, unless it
is an addition to a previously recorded plat and is so stated on the
plat.
(2)
Property location of the proposed subdivision by government
lot, quarter-section, township, range, county and state.
(3)
General location sketch showing the location of the subdivision
within the U.S. Public Land Survey sections.
(4)
Date, graphic scale and north point.
(5)
Name and address of the owner(s), developer and land surveyor
preparing the plat.
(6)
Entire area contiguous to the proposed plat owned or controlled
by the developer shall be included on the preliminary plat even though
only a portion of the area is proposed for immediate development.
The Village Plan Commission may waive this requirement where it is
unnecessary to fulfill the purposes and intent of this chapter and
severe hardship would result from its strict application.
(B)
Preliminary Plat Data. All preliminary plats shall show the
following:
(1)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the U.S. Public
Land Survey and the total acreage encompassed.
(2)
Contours at vertical intervals of not more than two feet where
the slope of the ground surface is less than 10% and of not more than
five feet where the slope of the ground surface is 10% or more. Elevations
shall be marked on such contours based on National Geodetic Datum
of 1929 mean sea level.
(3)
Water elevations of adjoining lakes and streams at the date
of the survey and approximate high and low water elevations all referenced
to mean sea level 1929 datum.
(4)
Floodplain limits and the contour line lying a vertical distance
of two feet above the elevation of the 100-year recurrence interval
flood. Where such data is not available, five feet above the elevation
of the maximum flood of record shall be shown.
(5)
Location, right-of-way width and names of all existing streets,
alleys or other public ways, easements, railroad and utility rights-of-way,
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(6)
Type, width and elevation of any existing street pavements within
the exterior boundaries of the plat or immediately adjacent thereto
together with any legally established centerline elevation all referenced
to mean sea level 1929 datum.
(7)
Location and names of any adjacent subdivisions, parks and cemeteries,
and owners of record of abutting unplatted lands.
(8)
Location, size and invert elevation of any existing sanitary
or storm sewers, culverts and drainpipes, the location of manholes,
catch basins, hydrants, power and telephone poles, and the location
and size of any existing water and gas mains within the exterior boundaries
of the plat or immediately adjacent thereto. If no sanitary or storm
sewers or water mains are located on or immediately adjacent to the
lands being platted, the size and invert elevations of the nearest
sewers or water mains which might be extended to serve the land shall
be indicated by their direction and distance from the nearest exterior
boundary of the plat.
(9)
Location of all existing property boundary lines, structures,
drives, streams and watercourses, marshes, rock outcrops, wooded areas,
railroad tracks and other similar significant natural or man-made
features within the land being subdivided or immediately adjacent
thereto.
(10)
Location, width and names of all proposed streets, public rights-of-way
and easements.
(11)
Approximate dimensions of all lots together with proposed lot
and block numbers.
(12)
Location and approximate dimensions and size of any sites to
be reserved or dedicated for parks, playgrounds, schools, drainageways
or other public use or which are to be used for group housing, shopping
centers, church sites or other private uses not requiring platting.
(13)
Radii of all curves.
(14)
Existing zoning on and adjacent to the proposed subdivision.
(15)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
the proposed lake and stream access.
(16)
Any proposed lake and stream improvement or relocation.
(17)
Soil type, slope and boundaries as shown on the detailed operational
soil survey maps prepared by the U.S.D.A. Soil Conservation Service.
(18)
Conceptual sanitary sewer, water main and storm sewer layout.
(C)
Testing. The Village Board may require that borings and soundings
be made in specified areas to ascertain subsurface soil, rock and
water conditions including depth to bedrock and depth to the ground
water table.
(D)
Sanitation Requirements. No subdivision as defined in this chapter
shall be allowed unless it is served by a municipal sanitary sewer.
Minor land divisions as defined in this chapter shall be required
to conform to the provisions of Ch. SPS 383, Wis. Adm. Code. Soil
and site evaluation proof that the property can be served with an
on-site waste disposal system shall be submitted with the certified
survey map. The provisions of the Kenosha County Sanitary Code shall
also be complied with on lots not served by municipal sanitary sewer.
[Amended 7-13-2021 by Ord. No. 2021-019]
(E)
Municipal Water. No subdivision as defined in this chapter shall
be allowed unless it is served by municipal water. Minor land divisions
as defined in this chapter may be required to be served by municipal
water as determined by the Village Board.
(F)
Soil and Water Conservation. Upon determining from its review
of the preliminary plat that the soil, slope, vegetation and drainage
characteristics of the site are such as to require substantial cutting,
clearing, grading and other earth moving operations in the development
of the subdivision or otherwise entail a severe erosion hazard, the
Village Board shall require the developer to provide soil erosion
and sedimentation control plans and specifications. These plans shall
generally follow the guidelines and standards set forth in the U.S.D.A.
Conservation Technical Guide prepared by the U.S.D.A. Soil Conservation
Service, and the Wisconsin Construction Site Best Management Practices
Handbook, (reference 144.25(2)(A), Water Quality Control) prepared
by the Wisconsin Department of Natural Resources. In addition,
(1)
Tree cutting and shrubbery clearing shall be kept to a minimum
so as to prevent erosion and sedimentation, preserve and improve scenic
qualities, and during foliation substantially screen any development
from stream or lake users.
(2)
Paths and trails in wooded and wetland areas shall not exceed
10 feet in width unless otherwise approved by the Village Plan Commission
and shall be so designed and constructed as to result in the least
removal and disruption of trees and shrubs and the minimum impairment
of natural beauty.
(3)
Earth moving, such as grading, topsoil removal, mineral extraction,
stream course changing, road cutting, waterway construction or enlargement,
channel clearing, ditching, drain tile laying, dredging and lagooning,
shall be so conducted as to prevent erosion and sedimentation and
to least disturb the natural fauna, flora, watercourse, water regimen
and topography.
(4)
The Village Engineer or Village Plan Commission may request
review of the manner of cutting, clearing and moving by the Kenosha
County Soil and Water Conservation District Supervisors, the Wisconsin
District Fish and Game Managers, and the Wisconsin District Forester.
(5)
The Village Plan Commission shall require submission of a draft
of protective covenants whereby the developer intends to regulate
land use in the proposed subdivision and otherwise protect the proposed
development.
(G)
Affidavit. The surveyor preparing the preliminary plat shall
certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that the surveyor
has fully complied with the provisions of this chapter.
(H)
Phasing. All proposed phases of the proposed subdivision shall
be identified on the preliminary plat.
(A)
General. The developer shall prepare a final plat and letter
of application in accordance with this section and shall file 20 copies
of the final plat and the application with the Village Clerk/Treasurer
at least 30 days prior to the meeting of the Village Plan Commission
at which action is desired.
(C)
Plan Commission Action. The Village Plan Commission shall examine
the final plat within 30 days for conformance with the approved preliminary
plat, any conditions of approval of the preliminary plat, this chapter,
and all rules, regulations, comprehensive plans and comprehensive
plan components which may affect the final plat and shall recommend
approval, conditional approval or rejection of the final plat to the
Village Board.
(D)
Partial Platting. If permitted by the Village Board, the approved
preliminary plat may be final platted in phases with each phase encompassing
only that portion of the approved preliminary plat which the developer
proposes to record at one time. However, it is required that each
such phase be final platted and be designated as a "phase" of the
approved preliminary plat.
(A)
The objecting agencies shall within 20 days of the date of receiving
their copies of the final plat notify the developer and all other
approving and objecting agencies of any objections. If there are no
objections, the objecting agencies shall so certify on the face of
the copy of the final plat and shall return that copy to the Village
Clerk/Treasurer. If an objecting agency fails to act within 20 days,
the objecting agency shall be deemed to have no objection to the plat.
(B)
If the final plat is not submitted within 36 months of the last
required approval of the preliminary plat, the Village Board may refuse
to approve the final plat.
(C)
The Village Plan Commission shall within 30 days of the date
of filing of the final plat with the Village Clerk/Treasurer recommend
approval or rejection of the plat and shall transmit the final plat
and application along with its recommendations to the Village Board.
(D)
When the Village Plan Commission schedules review of a proposed
plat, the Village Clerk/Treasurer shall give at least 10 days' prior
written notice of the Village Plan Commission meeting to the Clerk
of any municipality whose boundaries are within 1,000 feet of any
portion of the proposed plat. Failure to give such notice shall not
invalidate the plat.
(E)
The Village Board shall within 60 days of the date of filing
the original final plat with the Village Clerk/Treasurer approve or
reject the final plat unless the time is extended by written agreement
with the developer. If the final plat is rejected, the reasons shall
be stated in the minutes of the meeting and a written statement of
the reasons shall be forwarded to the developer. The Village Board
may not approve the final plat unless the Village Clerk/Treasurer
certifies on the face of the plat that copies were forwarded to the
required objecting agencies, the date of forwarding, and that no objections
have been filed within 20 days or, if filed, have been met.
(F)
If the Village Board fails to take action on the final plat
within 60 days, the time having not been extended and no unsatisfied
objections having been filed, the final plat shall be deemed approved.
(G)
After the final plat has been approved by the Village Board,
a contract and sureties insuring the installation of all improvements
is filed, a developer's agreement has been executed, and all fees
required by this chapter have been paid, the Village Clerk/Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and shall return the final plat to the
developer for recording with the Kenosha County Register of Deeds.
The Kenosha County Register of Deeds shall not record the final plat
unless it is offered within 30 days from the date of the last approval
and within six months of the first approval.
(H)
The developer shall file five copies of the approved and recorded
final plat with the Village Clerk/Treasurer for distribution to the
Village Engineer and other affected departments.
(A)
General. A final plat prepared by a registered land surveyor
shall be required for all subdivisions. It shall comply in all respects
with the requirements of § 236.20 of the Wisconsin Statutes.
(B)
Additional Information. In addition to the information required
by § 236.20 of the Wisconsin Statutes, the plat shall show
correctly on its face the following:
(1)
Exact length and bearing of the centerline of all streets.
(2)
Exact street width along the line of any obliquely intersecting
street.
(3)
Railroad rights-of-way within and abutting the plat.
(4)
Setbacks or building lines required by the Village Plan Commission
or other Village regulations.
(5)
All lands reserved for future public acquisition or reserved
for the common use of property owners within the plat.
(6)
Special restrictions required by the Village Plan Commission
relating to access control along public ways or the provision of planting
strips.
(7)
Wetland and/or floodplain boundaries.
(C)
Deed Restrictions. The Village Plan Commission and the Village
Board shall require that any deed restrictions be filed with the final
plat.
(D)
Survey Accuracy. The developer shall be responsible for obtaining
all state reviews and approvals. The Village Engineer as directed
by the Village Board shall examine all final plats within the Village
and shall make field checks for the accuracy and closure of the survey,
the proper kind and location of monuments, and the legibility and
completeness of the drawing. In addition:
(1)
The survey shall be performed by a land surveyor registered
in Wisconsin and if the error in the latitude and departure closure
of the survey or any part thereof is greater than the ratio of one
in 3,000, the plat may be rejected.
(2)
Where the plat is located within a U.S. Public Land Survey quarter
section the corners of which have been relocated, monumented and coordinated
by Kenosha County or the Village, the tie required by § 236.20(3)(b)
of the Wisconsin Statutes shall be expressed in terms of grid bearing
and distance, and the material and Wisconsin state plane coordinates
of the monument marking the relocated section or quarter corner to
which the plat is tied shall be indicated on the plat. The grid bearing
and distance of the tie shall be determined by a closed survey meeting
the error of closure specified above for the survey of the exterior
boundaries of the subdivision.
(E)
Surveying and Monumenting. All final plats shall meet all the
surveying and monumenting requirements of § 236.15 of the
Wisconsin Statutes.
(F)
State Plane Coordinate System. Where the plat is located within
a U.S. Public Land Survey quarter section, the corners of which have
been relocated, monumented and coordinated by Kenosha County, the
plat shall be tied directly to one of the section or quarter corners
so relocated, monumented and coordinated. The exact grid bearing and
distance of such tie shall be determined by field measurements, and
the material and Wisconsin state plane coordinates of the monument
marking the relocation section of quarter corner to which the plat
is tied shall be indicated on the plat. All distances and bearings
shall be referenced to the Kenosha County control survey.
(G)
Certificates. A final plat shall not be entitled to be recorded
without the surveyor's certificate of compliance as set forth in § 236.21(1)
of the Wisconsin Statutes, and the owner's certificate, as set forth
in § 236.21(2)(a) of the Wisconsin Statutes. The Village
Board may request the owner to provide an abstract of title or a policy
of title insurance as set forth in § 236.21(b) of the Wisconsin
Statutes, to ascertain that all parties in interest have signed the
owner's certificate. Further, a certificate by the Village Clerk/Treasurer
and a certificate by the Kenosha County Treasurer, stating that there
are no unpaid taxes, or unpaid special assessments on the lands included
within the plat shall be required.
(H)
Recordation. The final plat shall only be recorded with the
Kenosha County Register of Deeds after the certificates of the Wisconsin
Department of Commerce, the Village Board, the surveyor and those
certificates required by § 236.21 of the Wisconsin Statutes,
are placed on the face of the plat. The plat shall not be recorded
until all required conditions of the approving agencies have been
satisfied. The final plat must be recorded within 12 months of the
last approval and within 36 months from the first approval or shall
be void.
(A)
When it is proposed to divide land into not more than six parcels
or building sites any one of which is 20 acres or less in size, or
when it is proposed to divide a block, lot or outlot within a recorded
subdivision plat into not more than six parcels or building sites
without changing the boundaries of said block, lot or outlot, the
developer shall subdivide by use of a certified survey map.
(B)
The developer shall prepare a certified survey map and letter
of application in accordance with this section and shall file 20 copies
of the certified survey map and the application with the Village Clerk/Treasurer
at least 30 days prior to the meeting of the Village Plan Commission
at which action is desired.
(C)
The Village Clerk/Treasurer shall within two working days after
filing, transmit copies of the map and letter of application to the
Village Plan Commission.
(D)
The Village Clerk/Treasurer shall transmit a copy of the map
to all affected Village boards, commissions or departments for their
review and recommendation concerning matters within their jurisdiction.
The recommendations shall be transmitted to the Village Plan Commission
within 10 working days from the date the map is filed. The map shall
be reviewed by the Village Plan Commission for compliance with this
chapter and all rules, regulations, comprehensive plans and comprehensive
plan components.
(E)
The Village Plan Commission shall within 60 days from the date
of filing of the map, recommend approval, conditional approval or
rejection of the map and shall transmit the map along with its recommendations
to the Village Board.
(F)
The Village Board shall approve, approve conditionally and thereby
require submission of a corrected map, or reject the map within 60
days from the date of filing of the map unless the time is extended
by written agreement with the developer. If the map is rejected, the
reasons shall be stated in the minutes of the meeting and a written
statement of the reasons shall be forwarded to the developer. If the
map is approved, the Village Board shall cause the Village Clerk/Treasurer
to so certify on the face of the original map and return the map to
the developer.
(G)
The developer shall record the map with the Kenosha County Register
of Deeds within 30 days of its approval by the Village Board. Failure
to record the map within the 30 days shall require the certified survey
map to be recertified.
(H)
The developer shall file five copies of the approved and recorded
certified survey map with the Village Clerk/Treasurer.
(I)
All other land divisions within the Village shall also be submitted to the Village Plan Commission for review and recommendation to the Village Board for approval, conditional approval or rejection. All other land divisions that are not divided by certified survey map or subdivision plat shall also be submitted to the Village Plan Commission for review and recommendation to the Village Board and shall substantially comply with § 18.24(B) through (G) of this chapter, and if applicable § 18.30 and § 18.31 of this chapter, no matter what size lot is created.
(A)
General. Prior to submitting a certified survey map, the developer shall seek a preliminary review of the proposed certified survey map with the Village staff. The certified survey map shall comply in all respects with the requirements of § 236.34 of the Wisconsin Statutes. The certified survey map shall comply with the design standards and improvement requirements set forth in § 18.27, § 18.28, § 18.29, § 18.30 and § 18.31 of this chapter.
(B)
Additional Information. In addition to the information required
by § 236.34 of the Wisconsin Statutes, the certified survey
map shall show correctly on its face the following:
(1)
All existing buildings, watercourses, drainage ditches and other
features pertinent to the land division.
(2)
Setbacks or building lines required by the Village Board or
other Village ordinances.
(3)
All lands reserved for future acquisition.
(4)
Date of map.
(5)
Graphic scale and north arrow.
(6)
Name and address of the owner(s), developer and surveyor.
(7)
Soil borings and soil percolation test results from tests conducted
in accordance with Ch. SPS 385, Wis. Adm. Code.
[Amended 7-13-2021 by Ord. No. 2021-020]
(8)
Proof of sanitary sewer availability or proof of septic, mound
or holding tank permit.
(9)
Wetland and/or floodplain boundaries.
(10)
All lands dedicated for public purposes.
(11)
All easements required by the Village or utility districts.
(12)
Existing and proposed topographic contours at vertical intervals
of not more than two feet.
(13)
Drainage/erosion control plan.
(14)
After the certified survey map has been approved by the Village
Board, the required improvements either installed or a contract and
sureties insuring their installation is filed, a developer's agreement
is executed, and all fees required by this chapter are paid, the Village
Clerk/Treasurer shall cause the certificate inscribed upon the certified
survey map attesting to such approval to be duly executed and shall
return the certified survey map to the developer for recording with
the Kenosha County Register of Deeds. The Kenosha County Register
of Deeds shall not record the certified survey map unless it is offered
within 30 days from the date of the last approval and within six months
of the first approval.
(C)
State Plane Coordinate System. Where the certified survey map
is located within a U.S. Public Land Survey quarter section, the corners
of which have been relocated, monumented and coordinated by Kenosha
County, the certified survey map shall be tied directly to one of
the section or quarter corners so relocated, monumented and coordinated.
The exact grid bearing and distance of such tie shall be determined
by field measurements, and the material and Wisconsin state plane
coordinates of the monument marking the relocation section of the
quarter corner to which the certified survey map is tied shall be
indicated on the map. All distances and bearings shall be referenced
to the Kenosha County control survey.
(D)
Certificates.
(1)
The surveyor shall certify on the face of the certified survey
map that he has fully complied with all of the provisions of § 236.34
of the Wisconsin Statutes. After receiving recommendations of the
reviewing agencies, the certified survey map shall be referred to
the Village Board for its approval. If the Village Board finds that
the certified survey map complies with state statutes and this chapter,
the Village Board shall certify its approval on the face of the certified
survey map.
(2)
Certificates required by § 18.23(G) of this chapter
shall also be required whenever there is a dedication of streets or
other public areas or at such other times as the Village Board shall
deem necessary.
(E)
Recordation. The certified survey map shall only be recorded
with the Kenosha County Register of Deeds after the certificates of
the Village Board and the surveyor are placed on the face of the certified
survey map. The certified survey map shall be recorded within 30 days
of its approval by the Village Board.
(A)
When it is proposed to replat a recorded subdivision or part thereof so as to change the boundaries of a recorded subdivision or part thereof the developer or person wishing to replat shall vacate or alter the recorded plat as provided in § 236.36 through § 236.44 of the Wisconsin Statutes. The developer, or persons wishing to replat shall then proceed as specified in § 18.17 through § 18.23 of this chapter.
(B)
The Village Clerk/Treasurer shall schedule a public hearing
before the Village Plan Commission when a preliminary plat of a replat
is filed and shall cause notices of the proposed replat and public
hearing to be mailed to the owners of all properties within the limits
of the exterior boundaries of the proposed replat and to owners of
all properties within 200 feet of the exterior boundaries of the proposed
replat.
(A)
Street Arrangement. In any new subdivision or certified survey
map the street layout shall conform to the arrangement, width and
location indicated on the official map, county jurisdictional highway
system, comprehensive plan, comprehensive plan component, or neighborhood
unit development plan of the Village. In areas for which such plans
have not been completed the street layout shall recognize the functional
classification of the various types of streets and shall be developed
and located in proper relation to existing and proposed streets, the
topography, the natural features such as streams and tree growth,
public convenience and safety, the proposed use of the land to be
served by such streets, and the most advantageous development of adjoining
areas. The subdivision shall be designed so as to provide each lot
with satisfactory access to a public street as required by the Kenosha
County zoning ordinance. In addition:
(1)
Arterial streets shall be arranged so as to provide ready access
to centers of employment, centers of government activity, community
shopping areas, community recreation and points beyond the boundaries
of the community. They shall also be properly integrated with and
related to the existing and proposed system of major streets and highways
and shall be insofar as practicable continuous and in alignment with
existing or planned streets with which they are to connect.
(2)
Collector streets shall be arranged so as to provide ready collection
of traffic from residential areas and conveyance of this traffic to
the major street and highway system and shall be properly related
to the mass transportation system, to special traffic generators such
as schools, churches, shopping centers, other concentrations of population,
and to the major streets to which they connect.
(3)
Minor streets shall be arranged to conform to the topography,
discourage use of through traffic, permit the design of efficient
storm and sanitary sewerage systems, and require the minimum street
area necessary to provide safe and convenient access to abutting property.
(4)
Proposed streets shall extend to the boundary lines of the land
being subdivided unless prevented by topography or other physical
conditions or unless, in the opinion of the Village Board, such extension
is not necessary or desirable for the coordination of the layout of
the subdivision or for the future development of the adjacent lands.
(5)
Whenever the proposed subdivision or certified survey map contains
or is adjacent to a major street or highway, adequate protection of
residential properties and limitation of access and separation of
through and local traffic shall be provided by reversed frontage with
screen planting contained in a nonaccess reservation along the rear
property line or by the use of frontage streets.
(6)
Stream or lake shores shall have a minimum of 60 feet of public
access platted to the low water mark at intervals of not more than
1/2 mile as required by § 236.16(3) of the Wisconsin Statutes.
(7)
Reverse strips shall not be provided on any plat to control
access to streets except where control of such strips is placed with
the Village Board.
(8)
There shall be no alleys allowed within the Village.
(9)
Street names shall not duplicate or be similar to existing street
names elsewhere in the Village and existing street names shall be
extended whenever possible all in accordance with Kenosha County ordinance.
All costs for road marking shall be paid by the developer.
(B)
Limited Access Highway and Railroad Right-Of-Way Treatment.
Whenever the proposed subdivision or certified survey map contains
or is adjacent to a limited access highway or railroad right-of-way,
the design shall provide the following:
(1)
When lots within the proposed subdivision or certified survey
map back upon the right-of-way of an existing or proposed limited
access highway or a railroad, a planting strip easement at least 30
feet in depth shall be provided adjacent to the highway or railroad
in addition to the normal lot depth. This planting strip shall be
a part of the platted lots but shall have the following restriction
lettered on the face of the plat or certified survey map: "This strip
reserved for the planting of trees and shrubs, the building of structures
hereon is prohibited."
(2)
Commercial and industrial properties shall have provided on
each side of the limited access highway or railroad, streets approximately
parallel to and at a suitable distance from such highway or railroad
for the appropriate use of the land between such streets and highways
or railroads but not less than 150 feet.
(3)
Streets parallel to a limited access highway or railroad right-of-way
when intersecting a major street and highway or collector street which
crosses such railroad or highway shall be located at a minimum distance
of 400 feet from such highway or railroad right-of-way. This distance
shall be determined with due consideration for the minimum distance
required for the future separation of grades by means of appropriate
approach gradients.
(4)
Minor streets immediately adjacent and parallel to railroad
rights-of-way shall be avoided and the location of minor streets immediately
adjacent to arterial streets and highways and to railroad rights-of-way
shall be avoided in residential areas.
(C)
Street Design Standards. The minimum right-of-way and roadway
width of all proposed streets shall be as specified in the comprehensive
plan, comprehensive plan component, official map, neighborhood development
study or jurisdictional highway system plan. If no width is specified
in any of the foregoing, the minimum widths shall be as follows:
|
Type of Streets
|
Minimum Right-of-Way Width to Be Dedicated
|
|---|---|
|
Divided Village Arterial
|
110 feet
|
|
Undivided Village Arterial
|
90 feet
|
|
Village Collector Streets
|
80 feet
|
|
Village Rural Minor Streets
|
66 feet
|
|
Village Urban Minor Streets
|
66 feet
|
|
Village Pedestrian Ways
|
20 feet
|
|
State or County Arterials (Divided)
|
[As specified in the Kenosha County Highway Jurisdictional Plan]
|
|
State or County Arterials (Undivided)
| |
|
State or County Collectors
|
Typical street sections for both urban and rural construction
of Village collector and Village minor streets are shown in Figures
15, 16, 17, 18, 19 and 20. The use of urban design is required and
should include the installation of curb and gutter, storm sewer, sanitary
sewer and municipal water service. Street sections for arterial streets
shall be based upon detailed engineering studies.
(1)
Cul-de-sac streets designed to have one end permanently closed
shall not exceed 750 feet in length and shall terminate in a turnaround
meeting the Village's requirements as shown in Figures 19 and 20 having
a minimum right-of-way radius of 75 feet and shall be designed with
an island and a minimum outside curb or shoulder radius of 60 feet.
(2)
Temporary termination of streets intended to be extended at
a later date shall be constructed with a temporary cul-de-sac in accordance
with the standards set forth above or by construction of a temporary
"T" 25 feet wide extending to each adjacent right-of-way.
(3)
Unless necessitated by exceptional topography and subject to
the approval of the Village Plan Commission, the maximum centerline
grade of any street or public way shall not exceed the following:
(a)
Pedestrian ways shall comply with current Americans with Disabilities
Act standards.
(b)
All residential streets shall have a minimum vertical grade
of 0.5% with a maximum vertical grade of 7% for Village collector
streets and 10% for Village minor streets and culs-de-sac.
(c)
Street grades shall be established wherever practicable so as
to avoid excessive grading, the unnecessary removal of ground cover
and tree growth, and general leveling of the topography.
(4)
Where there is a change in street centerline profiles of more
than 1% a vertical curve shall be provided. Vertical curve requirements
shall comply with Wisconsin Department of Transportation requirements.
Minimum vertical curve lengths shall provide a sight distance of not
less than 300 feet measured from an eye level of four feet high with
a clear view of an obstacle not over two feet high.
(5)
When a continuous street centerline deflects at any one point
by more than 2° a circular curve shall be introduced having a
radius of curvature on the centerline of not less than the following:
(D)
Street Intersection. Streets shall intersect each other at as
nearly right angles as topography and other limiting factors of good
design permit. In addition:
(1)
The number of streets converging at one intersection shall be
limited to two streets.
(2)
The number of intersections along arterial streets and highways
shall be held to a minimum. Wherever practicable the distance between
such intersections shall not be less than 500 feet.
(3)
Property lines at street intersections shall be rounded with
a minimum radius of 15 feet or of a greater radius when required by
the Village Plan Commission. Property line radii at intersections
of residential streets with arterial streets or highways shall be
determined on an individual basis with a minimum radii of 20 feet.
(4)
Minor streets shall not necessarily continue across arterial
or collector streets but if the centerlines of such minor streets
approach the major streets from opposite sides within 300 feet of
each other measured along the centerline of the arterial or collector
street then the location shall be so adjusted that the adjoinment
across the major or collector street is continuous and a jog is avoided.
(E)
Blocks. The widths, lengths and shapes of blocks shall be suited
to the proposed use of the land, zoning requirements needed for convenient
access, control and safety of street traffic, and the limitations
and opportunities of topography. In addition:
(1)
The length of blocks in residential areas shall not as a general
rule be less than 600 feet nor more than 1,500 feet in length unless
otherwise dictated by exceptional topography or other limiting factors
of good design.
(2)
Pedestrian ways of not less than 20 feet in width may be required
near the center and entirely across any block over 900 feet in length
where deemed essential by the Village Plan Commission to provide adequate
pedestrian circulation or access to schools, parks, shopping centers,
churches or transportation facilities.
(3)
The width of blocks shall be wide enough to provide for two
tiers of lots of appropriate depth except where otherwise required
to separate residential development from through traffic. Width of
lots or parcels reserved or laid out for commercial or industrial
use shall be adequate to provide for off-street service and parking
required by the use contemplated and the area zoning restrictions
for such use.
(4)
Utility easements for electric power, telephone or cable service
shall where practical be placed on mid-block easements and along rear
lot lines.
(F)
Lots. The size, shape and orientation of lots shall be appropriate
for the location of the subdivision or certified survey map and for
the type of development and use contemplated. The lots should be designed
to provide an aesthetically pleasing building site and a proper architectural
setting for the building contemplated. In addition:
(1)
Side lot lines shall be at right angles to straight street lines
or radial to curved street lines on which the lots face. Lot lines
shall follow municipal boundary lines rather than cross them.
(2)
Double frontage and reverse frontage lots shall be prohibited
except where necessary to provide separation of residential development
from through traffic or to overcome specific disadvantages of topography
and orientation.
(3)
Every lot shall front or abut on a public street for at least
the distance required by the Village zoning ordinance.
(4)
Area and dimensions of all lots shall conform to the applicable
Village zoning and sanitary ordinances.
(5)
Excessive depth in relation to width shall be avoided and a
proportion of 2:1 shall be considered a maximum ratio under normal
conditions. Depth of lots or parcels reserved or laid out for commercial
or industrial use shall be adequate to provide for off-street service
and parking required by the use contemplated.
(6)
Width of lots shall conform to the requirements of the Village
zoning ordinance or other applicable provisions and in no case shall
a lot be less than 80 feet in width at the building setback line.
(7)
Corner lots shall have an extra width of 10 feet to permit adequate
building setbacks from side streets.
(8)
Lands lying between the meander line and the water's edge and
any otherwise unplattable lands which lie between a proposed subdivision
or certified map and the water's edge shall be included as part of
lots, outlots or public dedications in any plat or certified survey
map abutting a lake or stream.
(G)
Building Setback Lines. Building setback lines appropriate to
the location and type of development contemplated which are more restrictive
than the regulation of the zoning district in which the plat or certified
survey map is located may be required by the Village Board.
(H)
Easements.
(1)
The Village Board shall require separate utility easements of
widths deemed adequate for the intended use on each side of all rear
lot lines, side lot lines, or across lots where necessary or advisable
for electric power and communication lines, wires, conduits, storm
and sanitary sewers, gas, water and other utility lines.
(2)
When a subdivision or certified survey map is traversed by a
watercourse, drainageway channel or stream, an adequate drainageway
or easement shall be provided as may be required by the Village Board.
The location, width, alignment and improvement of such drainageway
or easement shall be subject to the approval of the Village. Parallel
streets or parkways may be required. Where necessary, storm water
drainage shall be maintained by landscaped open channels of adequate
size and grade to hydraulically accommodate maximum potential rates
and volumes of flow. These design details are subject to review and
approval by the Village.
(I)
Public Sites and Open Spaces.
(1)
In the design of a plat, certified survey map, planned unit development, multi-unit dwelling plan or condominium plat, due consideration shall be given to the reservation of suitable sites of adequate area for future schools, parks, playgrounds, drainageways and other public purposes. If designated on the comprehensive plan, comprehensive plan component, official map or component neighborhood development plan, such areas shall be made a part of the plat, certified survey map, planned unit development, multi-unit dwelling plan, or condominium plat, as provided in § 18.10 of this chapter. If not so designated, consideration shall be given in the location of such sites to the preservation of scenic and historic sites, stands of fine trees, marshes, lakes, ponds, watercourses, watersheds and ravines.
(2)
Each developer of a plat, certified survey map, planned unit
development, multi-unit dwelling plan or condominium plat shall, at
the discretion and direction of the Village Board, after review and
recommendation by the Village Plan Commission, either dedicate open
space lands designated on the Village land use plan, reserve such
open space lands and pay a public park impact fee or where no open
space lands are directly involved, pay a public park impact fee. The
Village Board shall, at the time of reviewing the preliminary plat,
certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat, and after reviewing the recommendation of
the Village Plan Commission, select one of the following options and
record such selection in the minutes of the meeting at which the land
division is presented for approval:
(a)
Dedication of Site Option. Whenever a proposed playground, park
or other public open space land designated on the Village's comprehensive
plan, comprehensive plan component, official map or neighborhood development
plan is encompassed all or in part within the land to be divided,
the public lands shall be made a part of the plat, certified survey
map, planned unit development, multi-unit dwelling plan or condominium
plat and shall be dedicated to the public for park purposes by the
developer at a rate of one acre for each 25 proposed or potential
dwelling units and one acre for each 25 proposed or potential dwelling
units for school purposes. Any proposed public lands in excess of
the rate established above shall be reserved for a period not to exceed
three years, unless extended by mutual written agreement, for purchase
at undeveloped land prices by the public agency having jurisdiction.
If the lands in excess of the rate established above are not acquired
within the three-year period, unless extended by mutual written agreement,
the lands will be released from the reservation to the owner.
(b)
Reservation of Site Option. Whenever a proposed playground, park or other public open space land designated on the Village's comprehensive plan, comprehensive plan component, official map or neighborhood development plan is encompassed all or in part within the land to be divided, the public lands shall be reserved at the time of final approval for a period not to exceed three years, unless extended by mutual written agreement, for purchase at undeveloped land prices by the public agency having jurisdiction. The developer shall pay a public park impact fee at the time of application for final approval of the land division as required by § 18.30 of this chapter. If the land is not acquired within the three-year period, unless extended by mutual written agreement, the land shall be released to the owner.
(c)
Public Site Fee Option. If the proposed land division does not encompass a proposed playground, park or other public open space land, or if the Village Board requires a reservation of land as set forth in § 18.27(I)(2)(b) of this chapter, a public park impact fee for the acquisition of public sites to serve the proposed development and residents of the Village shall be paid to the Village Clerk/Treasurer as required by § 18.30 of this chapter.
(d)
Applicability. Sections 18.27(I)(2)(a), (b), and (c) above shall
be applicable to all divisions of land within the Village.
(A)
Survey Monuments. The developer shall install survey monuments
as required by § 236.15 of the Wisconsin Statutes and the
Village.
(B)
Improvements Installed by Developer. All public works improvements
including streets, sanitary sewers, drainage improvements, final grading,
water mains, curb and gutters, sidewalks and storm sewers shall be
designed and constructed by the developer. Granular backfill meeting
the Village's standards shall be required for all trenches within
every road right-of-way. The developer shall be responsible for all
costs involved in the design, bidding and construction of the public
improvements including any legal, engineering and administrative costs
incurred by the Village.
(1)
Grading.
(a)
All plans for improvements shall be prepared at a scale of no
greater than one inch equals 40 feet horizontal and one inch equals
four feet vertical.
(b)
After the installation of temporary block corner monuments by
the developer and field establishment of the street grades by the
Village Engineer, the developer shall cause the full width of the
right-of-way of all streets and all proposed lots to be graded in
accordance with the approved grading plans reviewed by the Village
Engineer. All lots shall be final graded. Interim grading shall not
be allowed.
(c)
Cut and filled lands shall be graded to a maximum slope of one
on four or the soils angle of repose, whichever is the lesser, and
covered with permanent vegetation.
(d)
As a condition of approval the developer shall provide the Village
with a complete grading plan including sections and calculations substantiating
a balance between cut and fill.
(e)
At completion of the grading and prior to issuing building permits
an as-built topographic survey of the entire subdivision shall be
prepared by the Village at the developer's cost, substantiating the
developer's compliance with the approved grading plan.
(2)
Roadway Base Course — First Year Construction. After the
installation of all utility and stormwater drainage improvements,
the Village Board shall require the developer to proceed with the
grading and installation of the base course of all roadways and streets
proposed to be dedicated in accordance with plans and specifications
as reviewed by the Village Engineer. The Village shall stake and inspect
all roadway construction.
(3)
Curb and Gutter — Second Year Construction. The Village
Board shall require the developer to proceed with the installation
of concrete curb and gutter in accordance with approved plans and
specifications as reviewed by the Village Engineer. Curbs shall be
designed and constructed in such a manner to provide "barrier free"
access for the handicapped at all cross walks. Whenever possible provisions
shall be made at the time of construction for driveway access curb
cuts or for the construction of "mountable type" curb and gutter.
(4)
Asphalt — Lower Level — Second Year Construction.
The Village Board shall require the developer to proceed with the
installation of an asphaltic lower level course in accordance with
the approved plans and specifications as reviewed by the Village Engineer.
The installation shall only occur after the base course has been proof
rolled and any necessary improvements or repairs have been completed
to the satisfaction of the Village Engineer.
(5)
Asphalt — Upper Level — Third Year Construction.
The Village Board shall require the developer to proceed with the
installation of an asphaltic upper level in accordance with approved
plans and specifications as reviewed by the Village Engineer. The
installation shall only occur after a complete inspection of the lower
level course by the Village Engineer and any repairs as called for
as a result of said inspection have been completed to the satisfaction
of the Village Engineer. Third year installation of the asphaltic
upper level may be delayed by the Village Board after review of the
lot sales and the number of new buildings under construction.
(6)
Sidewalks.
(a)
The Village Board may require the construction of a concrete
sidewalk on one side of all frontage streets and culs-de-sac and on
one or both sides of all other streets within the subdivision or certified
survey map. The construction of all sidewalks shall comply with the
requirements of the Americans with Disabilities Act.
(b)
Wider sidewalks may be required by the Village Board in the
vicinity of schools, commercial areas and other places of public assemblage.
The Village Board may require the construction of sidewalks in locations
other than required under the preceding provision if the Village Board
determines that sidewalks are necessary for safe and adequate pedestrian
circulation.
(7)
Public Sanitary Sewerage. Public sanitary sewerage facilities
are required for all new subdivisions or certified survey maps of
two lots or more within the Village. Except as otherwise provided
below, the developer shall be responsible for designing said facilities
to ensure compliance with the requirements of the Village utilities
and all governing agencies. In addition:
(a)
The size, type and installation of all sanitary sewer laterals
proposed to be constructed shall be in accordance with approved plans
and specifications as reviewed by the Village Engineer.
(b)
The developer shall be responsible for all costs of installing
all sanitary sewers, sewer laterals and sewer appurtenances within
the proposed subdivision or certified survey map except for the added
pipe material costs of installing sewers greater than 12 inches in
diameter which are necessary to serve tributary drainage areas lying
outside of the proposed land division. In addition, if the proposed
subdivision or certified survey map utilizes an existing lift station
or force main, or requires the construction of a new lift station,
force main or appurtenances to properly serve the area, the Village
Board shall require the developer to pay the cost of such facilities
with a right of recovery. The Somers Water Utility shall be responsible
for the design and plan and specification preparation of such facilities.
The total cost of such facilities shall be prorated in proportion
to the ratio which the total developable area of the proposed subdivision
or certified survey map is to the total developable area to be served
by such facilities. The Village shall reimburse the developer for
such oversizing costs upon completion and acceptance of construction
subject to any other offsets in favor of the Village.
(8)
Water Mains. Public municipal water facilities are required
for all new subdivisions or certified survey maps of two lots or more
within the Village. Upon approval of the Village Board, the Village
may waive the requirement for public municipal water for a two lot
Certified Survey Map and allow for individual private wells servicing
such lots but only upon the first of such land divisions (not on subsequent
Certified Survey Map divisions for any portion of the larger parcel
of which the original CSM was a part) and upon the further condition
that in the event that municipal water becomes available, any improvements
on any lot created by the Certified Survey Map shall be required to
connect to municipal water within 12 months of its availability. Except
as otherwise provided below, the developer shall be responsible for
designing said facilities to ensure compliance with the requirements
of the Village utilities and all governing agencies. In addition:
(a)
The size, type and installation of all municipal water mains
and services proposed to be constructed shall be in accordance with
approved plans and specifications as reviewed by the Village Engineer.
(b)
The Village may require the developer to design other water
system components including check valves and pressure reducing valves.
The Somers Water Utility shall be responsible for the design and plan
and specification preparation for booster stations, water towers and
other appurtenances.
(c)
The developer shall be responsible for all costs of installing
all water mains within the proposed subdivision or certified survey
map except for the added pipe material costs of installing water mains
greater than 12 inches in diameter which are necessary to serve tributary
drainage areas lying outside of the proposed land division. The Village
shall reimburse the developer for such oversizing costs upon completion
and acceptance of construction subject to any other offsets in favor
of the Village.
(9)
Storm Water Drainage Facilities. Storm water drainage facilities
are required for all new subdivisions or certified survey maps of
two lots or more within the Village. The developer shall be responsible
for designing and constructing storm water drainage facilities adequate
to serve the subdivision or certified survey map which may include
curbs and gutters, catch basins and inlets, storm sewers, road ditches,
open channels, water retention structures, settling basins and storm
water laterals serving each proposed lot. All such facilities shall
be of adequate size and grade to hydraulically accommodate the required
rates and volumes of flow and shall be so designed as to prevent and
control soil erosion and sedimentation and to minimize hazards to
life or property.
(a)
Prior to approval of a preliminary plat or certified survey
map, the developer shall submit to the Village a surface water drainage
plan for all blocks within the plat or certified survey map. The surface
water drainage plan shall include, but not be limited to the following:
(i)
Existing and proposed topography at two-foot contour
intervals of the proposed land division and adjacent property.
(ii)
Proposed elevations of all streets.
(iii)
Proposed drainage swales.
(iv)
Proposed storm sewers, manholes and inlets.
(v)
Construction site erosion control facilities.
(vi)
Storm water laterals to service each lot.
(vii)
A report showing the drainage basin for the entire
area where the land division is located including estimates as to
total acreage in the drainage basin and percentage of the drainage
basin within the proposed land division.
(b)
Surface water drainage facilities shall be designed to convey
runoff from the ten-year recurrence interval storm as published by
the Southeastern Wisconsin Regional Planning Commission. The "Rational
Formula" shall be used to compute runoff rates.
(c)
Storm sewers are required.
(i)
Velocities within storm sewers shall not exceed
12 feet per second.
(ii)
Storm sewer catch basins, manholes, storm sewer
materials and backfill requirements shall be in accordance with Village
standards.
(iii)
Storm sewer catch basins shall be located at
all intersections to prevent surface runoff from crossing the roadways
and at 400-foot maximum intervals along residential streets. Vertical
sag curves shall be provided with multiple catch basins where overtopping
of the roadway would cause property damage.
(iv)
All storm sewer mains shall be a minimum of 15
inches in diameter. All catch basin leads shall be a minimum of 12
inches in diameter.
(d)
In the event of inadequate downstream storm water drainage facilities:
(i)
If adequate downstream storm water drainage facilities
are not available, or at the direction of the Village Plan Commission
or Village Board, detention basins shall be provided to store runoff.
Detention basins shall be sized using the USDA Soil Conservation Service
procedures for a design 100-year recurrence interval storm based upon
developed conditions. The maximum release rate shall be the ten-year
recurrence interval storm based upon existing conditions or the capacity
of downstream facilities whichever is less. Detention basins shall
be designed with variable release control devices to utilize the available
storage during more frequent rain fall events such as one and two-year
recurrence interval storms. Detention basins must comply with all
Wisconsin Department of Natural Resources requirements including infiltration
and water quality.
(ii)
Unpaved ditches shall be shaped, seeded or sodded
as grassed waterways. Where the velocity of flow is in excess of four
feet per second on soils having a severe or very severe erosion hazard,
and in excess of six feet per second on soils having moderate, slight
or very slight erosion hazard, a system providing for the installation
of a paved invert or check dams, flumes or other energy dissipating
devices shall be required.
(iii)
The developer shall be responsible for replacing
field tile used for the drainage of adjacent lands or provide adequate
replacement drainage for field tiles that are damaged or removed during
development.
(iv)
The developer shall be responsible for all costs
of installing all storm water drainage facilities within the proposed
land division except for the added pipe material costs of installing
storm sewers greater than 36 inches in diameter which are necessary
to serve tributary drainage areas lying outside of the proposed land
division. The Village shall reimburse the developer for such oversizing
costs upon completion and acceptance of construction subject to any
other offsets in favor of the Village. The developer shall also be
required to pay for off site storm water management improvements required
by the Village.
(10)
Other Utilities.
(a)
The developer shall cause gas, electrical power,
telephone and, where available, cable service facilities to be installed
in such a manner as to make adequate service available to each lot
in the subdivision or certified survey map. No electrical, telephone
or cable service shall be located on overhead poles. Installation
of utilities shall occur prior to fine graded topsoiling and seeding
of the proposed lots. The developer shall then instruct the contractor
responsible for the development to proceed with all necessary reshaping,
filling or restoration necessary to allow for fine graded topsoiling
and seeding. All costs for the above shall be paid by the developer.
(b)
Plans indicating the proposed location of all gas,
electrical power, telephone and cable distribution and transmission
lines required to service the plat or certified survey map shall be
approved by the Village.
(11)
Street Signs. The Village shall install at the developer's cost,
at the intersection of all streets proposed to be dedicated, street
signs approved by the Kenosha County ordinance and such other traffic
control signs as needed within the subdivision or certified survey
map.
(12)
Street Trees. Following installation of curb and gutter, the
developer, at developer's cost, shall plant at least one tree of an
approved species and of at least three inch caliper and 10 feet in
height for each 50 feet of frontage on all streets proposed to be
dedicated. Tree planting shall be completed in accordance with approved
plans and specifications and at such time as directed by the Village
Board.
(13)
Street Lighting. Street lighting shall be provided for each
new subdivision or certified survey map at the entrance intersection
or intersections which provide for entering or exiting the development.
No internal lighting of streets will be provided by the Village. In
the event the developer or the residents of the subdivision desire
internal street lighting, the Village will support the petition from
the residents or the developer to form a lighting district and the
cost for the lighting shall be paid for by the residents by adding
this cost to the property tax on an annual basis.
(14)
Erosion Control.
(a)
Construction site erosion control shall be provided
during all phases of residential street construction to prevent sediment
from entering storm sewers or adjacent property. An erosion control
plan shall be submitted to the Village for approval prior to commencing
construction.
(b)
Erosion control techniques shall include silt fences,
erosion bales and sediment ponds and shall be maintained until the
potential for erosion has been eliminated.
(A)
Commencement. No construction or installation of improvements shall commence in a proposed subdivision or certified survey map until a developer's agreement and final plat or certified survey map has been approved by the Village Board. The developer shall pay the fees required pursuant to § 18.30 of this chapter.
(B)
Building Permits. No building, zoning or sanitary permits shall
be issued for erection of a structure on any lot not of record until
all the requirements of this chapter or any developer's agreement
have been complied with including the construction and acceptance
of all improvements.
(C)
Plans. The following plans and accompanying construction specifications
prepared by a Wisconsin licensed professional engineer shall be required
by the Village before authorization of construction or installation
of improvements:
(1)
Street plans and profiles showing existing and proposed grades,
elevations and cross-sections of required improvements.
(2)
Complete grading plans showing existing and proposed grades,
elevations and contour lines.
(3)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(4)
Storm sewer plans and profiles showing the locations, grades,
sizes, cross-sections, elevations and materials of required facilities.
(5)
Water main plans and profiles showing the locations, sizes,
elevations and materials of required facilities.
(6)
Erosion and sedimentation control plans showing those structures
required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation.
Such plans shall generally follow the guidelines and standards set
forth in the publication, Wisconsin Construction Site Best Management
Practices Handbook prepared by the Wisconsin Department of Natural
Resources.
(7)
Planting plans showing the locations, age, caliper and species
of any required grasses, vines, shrubs and trees.
(8)
Additional special plans or information as required by the Village.
(9)
The Village Engineer shall upon completion of the subdivision
or certified survey map provide to the Village a complete set of "as
built" plans, at the developer's cost, for each of the plans required
in this section.
(D)
Erosion Control. The Village Board shall require all grading,
excavations, open cuts, side slopes and other land surface disturbances
to be mulched, seeded, sodded or otherwise protected so that erosion,
siltation, sedimentation and washing are prevented in accordance with
the approved plans and specifications.
(1)
Sod shall be laid in strips at intervals necessary to prevent
erosion and at right angles to the direction of drainage.
(2)
Temporary vegetation and mulching shall be used to protect critical
areas. Permanent vegetation shall be installed as soon as practical.
(3)
Sediment basins shall be installed and maintained at all drainage
ways to trap, remove and prevent sediment and debris from being washed
outside the area being developed.
(A)
General. As a condition of consideration by the Plan Commission
and/or the Village Board of a final plat, site plan, certified survey
map, planned unit development, multi-unit dwelling plan, condominium
plat, land use amendment, rezoning or a plat correction/adjustment,
the developer shall pay to the Village Clerk/Treasurer all required
fees due at such time. Fees as stated in this section apply to all
proposed residential and non-residential uses and to any expansion
or change of any residential or non-residential uses. Impact fees
levied under § 18.30(M), (N), (O), (P), (Q) and (R) are
done so pursuant to the authority granted by § 66.0617 of
the Wisconsin Statutes as may be amended or renumbered from time to
time.
(B)
Conceptual Plan Fee. The developer shall pay to the Village
Clerk/Treasurer at the time of filing any conceptual plan for a proposed
final plat, planned unit development, multi-unit dwelling plan or
condominium plat an initial fee of $600 plus $5 for each lot or unit
included in the Conceptual Plan to be applied to the cost of review
and evaluation. If it is determined that resubmittal of the Conceptual
Plan is required, then a resubmittal fee of $250 shall be due and
payable. Additional costs of review and evaluation and additional
costs of review and evaluation to modifications to a previously filed
conceptual plan shall be invoiced to and paid by the developer on
a monthly basis.
(C)
Certified Survey Map Fee. The developer shall pay to the Village
Clerk/Treasurer at the time of filing a proposed certified survey
map an initial fee of $600 plus $5 for each lot or unit included in
the Certified Survey Map to be applied to the cost of review and evaluation.
If it is determined that resubmittal of the Certified Survey Map is
required, then a resubmittal fee of $250 shall be due and payable.
Additional costs of review and evaluation and additional costs of
review and evaluation to modifications to a previously filed certified
survey map shall be invoiced to and paid by the developer on a monthly
basis.
(D)
Site Plan Fee. The developer shall pay to the Village Clerk/Treasurer
at the time of filing an application for site plan review an initial
fee of $600 plus $5 for each lot or unit included in the Site Plan
to be applied to the cost of review and evaluation. If it is determined
that resubmittal of the Site Plan is required, then a resubmittal
fee of $250 shall be due and payable. Additional costs of review and
evaluation and additional costs of review and evaluation of modifications
to a previously filed site plan shall be invoiced to and paid by the
developer on a monthly basis.
(E)
Preliminary Plat Fee. The developer shall pay to the Village
Clerk/Treasurer at the time of filing a preliminary plat, planned
unit development, multi-unit dwelling plan or condominium plat an
initial fee of $600 plus $5 for each lot or unit included in the preliminary
plat, planned unit development, multi-unit dwelling plan or condominium
plat to be applied to the cost of review and evaluation. If it is
determined that resubmittal of the preliminary plat, planned unit
development, multi-unit dwelling plan or condominium plat is required,
then a resubmittal fee of $250 shall be due and payable. Additional
costs of review and evaluation and additional costs of review and
evaluation of modifications to a previously filed preliminary plat,
planned unit development, multi-unit dwelling plan or condominium
plat shall be invoiced to and paid by the developer on a monthly basis.
(F)
Final Plat Fee. The developer shall pay to the Village Clerk/Treasurer
at the time of filing a final plat, planned unit development, multi-unit
dwelling plan or condominium plat an initial fee of $600 plus $5 for
each lot or unit included in the final plat, planned unit development,
multi-unit dwelling plan or condominium plat to be applied to the
cost of review and evaluation. If it is determined that resubmittal
of the final plat, planned unit development, multi-unit dwelling plan
or condominium plat is required, then a resubmittal fee of $250 shall
be due and payable. Additional costs of review and evaluation and
additional costs of review and evaluation of modifications to a previously
filed final plat, planned unit development, multi-unit dwelling plan
or condominium plat shall be invoiced to and paid by the developer
on a monthly basis.
(G)
Land Use Amendment. The developer shall pay to the Village Clerk/Treasurer
at the time of filing a request for a land use amendment, a fee of
$600. Additional costs of review and evaluation by Village consultants
shall be invoiced to and paid by the developer prior to final approval.
(H)
Rezoning. The developer shall pay to the Village Clerk/Treasurer
at the time of filing a request for rezoning, a fee of $600. Additional
costs of review and evaluation by Village consultants shall be invoiced
to and paid by the developer prior to final approval.
(I)
Plat Correction/Adjustment. The developer shall pay to the Village
Clerk/Treasurer at the time of filing plat correction/adjustment,
a fee of $600. Additional costs of review and evaluation by Village
consultants shall be invoiced to and paid by the developer prior to
final approval.
(J)
Expert Assistance Fee. The developer shall pay to the Village
Clerk/Treasurer upon presentment of an itemized statement, a fee equal
to the actual cost incurred by the Village for any legal, engineering,
architectural, scientific, fiscal or other expert or technical services
required by the Village staff, the Village Plan Commission or the
Village Board in connection with the review and evaluation of any
proposed plat, site plan, certified survey map, planned unit development,
multi-unit dwelling plan or condominium plat.
(K)
Administrative Fee. In addition to the fee set forth in § 18.30(J),
the developer shall pay to the Village Clerk/Treasurer as a condition
of approval by the Village Board of a final plat, site plan, certified
survey map, planned unit development, multi-unit dwelling plan or
condominium plat and prior to the recording of a final plat, certified
survey map, planned unit development, multi-unit dwelling plan or
condominium plat a fee equal to the following amounts for administrative
and fiscal work which must be undertaken by the Village in connection
with the proposed development:
|
Percentage of Public Improvement Cost
|
|---|
|
5% up to $250,000
|
|
2% $250,001 to $1,000,000
|
|
1% $1,000,001 and up
|
(L)
Sewer and Water Connection Fee. In addition to the water connection impact fee set forth in § 18.30(R), sewer and water connection fees shall be payable as set forth in Chapter 13 of the Village of Somers Code of Ordinances.
(M)
Public Park Impact Fee.
(1)
Amount-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat a public park impact fee of $1,045
for each buildable lot or unit included in the final plat, certified
survey map, planned unit development, multi-unit dwelling plan or
condominium plat. 25% of the total public park impact fee for the
proposed residential use development shall be paid at the time of
final approval by the Village Board and prior to the recording of
a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat. The remaining balance of the public
park impact fee attributable to each buildable lot or unit within
the proposed residential use development shall be payable upon the
earlier of the issuance of a building permit or the sale, exchange
or other conveyance of such buildable lot or unit, unless otherwise
agreed by the Village and the Developer by written Development Agreement.
(2)
Amount-Non-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, site plan, certified survey map, planned unit development
or condominium plat a public park impact fee of $1,045 per residential
equivalent density unit (REDU). The REDU is calculated by dividing
the gross square footage of land included in the final plat, site
plan, certified survey map, planned unit development or condominium
plat by the R-4 Urban Single-Family Residential District minimum lot
size of 15,000 square feet. The total public park impact fee for the
proposed non-residential use development shall be paid at the time
of final approval by the Village Board of the proposed non-residential
use development and prior to the recording of a final plat, certified
survey map, planned unit development or condominium plat, unless otherwise
agreed by the Village and the Developer by written Development Agreement.
(3)
Exemption. No lot which is fully developed for residential purposes
at the time of approval by the Village Board of a final plat, site
plan, certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat shall be counted as a lot for purposes of
this section provided the use of the fully developed lot for residential
purposes remains unchanged.
(4)
Use. Public park impact fees collected by the Village Clerk/Treasurer
shall be placed in a segregated fund separate from the Village's general
fund and shall be used exclusively for the Village's cost of acquiring
and developing park, recreation and other open space areas to serve
the proposed development and residents of the Village.
(N)
Public Museum Impact Fee.
(1)
Amount-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat a public museum impact fee of $210
for each buildable lot or unit included in the final plat, certified
survey map, planned unit development, multi-unit dwelling plan or
condominium plat. The total public museum impact fee for the proposed
residential use development shall be paid at the time of final approval
by the Village Board and prior to the recording of a final plat, certified
survey map, planned unit development, multi-unit dwelling plan or
condominium plat.
(2)
Amount-Non-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, site plan, certified survey map, planned unit development
or condominium plat a public museum impact fee of $210 per residential
equivalent density unit (REDU). The REDU is calculated by dividing
the gross square footage of land included in the final plat, site
plan, certified survey map, planned unit development or condominium
plat by the R-4 Urban Single-Family Residential District minimum lot
size of 15,000 square feet. The total public museum impact fee for
the proposed non-residential use development shall be paid at the
time of final approval by the Village Board of the proposed non-residential
use development and prior to the recording of a final plat, certified
survey map, planned unit development or condominium plat.
(3)
Exemption. No lot which is fully developed for residential purposes
at the time of approval by the Village Board of a final plat, site
plan, certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat shall be counted as a lot for purposes of
this section provided the use of the fully developed lot for residential
purposes remains unchanged.
(4)
Use. Public museum impact fees collected by the Village Clerk/Treasurer
shall be placed in a segregated fund separate from the Village's general
fund and shall be used exclusively for the Village's cost of development
of a public museum and related facilities to serve the proposed development
and residents of the Village.
(O)
Public Works Utility Impact Fee.
(1)
Amount-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat a public works utility impact fee
of $430 for each buildable lot or unit included in the final plat,
certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat. 25% of the total public works utility impact
fee for the proposed residential use development shall be paid at
the time of final approval by the Village Board and prior to the recording
of a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat. The remaining balance of the public
works utility impact fee attributable to each buildable lot or unit
within the proposed residential use development shall be payable upon
the earlier of the issuance of a building permit or the sale, exchange
or other conveyance of such buildable lot or unit, unless otherwise
agreed by the Village and the Developer by written Development Agreement.
(2)
Amount-Non-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, site plan, certified survey map, planned unit development
or condominium plat a public works utility impact fee of $430 per
residential equivalent density unit (REDU). The REDU is calculated
by dividing the gross square footage of land included in the final
plat, site plan, certified survey map, planned unit development or
condominium plat by the R-4 Urban Single-Family Residential District
minimum lot size of 15,000 square feet. The total public works utility
impact fee for the proposed non-residential use development shall
be paid at the time of final approval by the Village Board of the
proposed non-residential use development and prior to the recording
of a final plat, certified survey map, planned unit development or
condominium plat, unless otherwise agreed by the Village and the Developer
by written Development Agreement.
(3)
Exemption. No lot which is fully developed for residential purposes
at the time of approval by the Village Board of a final plat, site
plan, certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat shall be counted as a lot for purposes of
this section provided the use of the fully developed lot for residential
purposes remains unchanged.
(4)
Use. Public works utility impact fees collected by the Village
Clerk/Treasurer shall be placed in a segregated fund separate from
the Village's general fund and shall be used exclusively for the Village's
cost of acquiring land and constructing facilities for the Village's
public works utility, equipping the Village's public works utility
and for the Village's cost of related public works facilities to serve
the proposed development and residents of the Village.
(P)
Fire Station Impact Fee.
(1)
Amount-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat a fire station impact fee of $2,005
for each buildable lot or unit included in the final plat, certified
survey map, planned unit development, multi-unit dwelling plan or
condominium plat. 25% of the total fire station impact fee for the
proposed residential use development shall be paid at the time of
final approval by the Village Board and prior to the recording of
a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat. The remaining balance of the fire
station impact fee attributable to each buildable lot or unit within
the proposed residential use development shall be payable upon the
earlier of the issuance of a building permit or the sale, exchange
or other conveyance of such buildable lot or unit, unless otherwise
agreed by the Village and the Developer by written Development Agreement.
(2)
Amount-Non-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, site plan, certified survey map, planned unit development
or condominium plat a fire station impact fee of $2,005 multiplied
by the residential equivalency unit (REU) ratio for the applicable
water meter size and type from the table set forth below for each
buildable lot or unit included in the final plat, site plan, certified
survey map, planned unit development or condominium plat. The total
fire station impact fee attributable to each buildable lot or unit
within the proposed non-residential use development shall be payable
upon the issuance of a building permit, unless otherwise agreed by
the Village and the Developer by written Development Agreement.
|
Meter Size
(inches)
|
Meter Type
|
AWWA Standards Flow
(GPM)
|
REU Ratio
|
|---|---|---|---|
|
3/4" or less
|
Displacement
|
15
|
1.0
|
|
1
|
Displacement
|
25
|
1.7
|
|
1 1/2
|
Displacement
|
50
|
3.3
|
|
2
|
Displacement
|
80
|
5.3
|
|
2
|
Compound
|
80
|
5.3
|
|
2
|
Turbine
|
100
|
6.7
|
|
3
|
Compound
|
160
|
10.7
|
|
3
|
Turbine
|
240
|
16.0
|
|
4
|
Compound
|
250
|
16.7
|
|
4
|
Turbine
|
420
|
28.0
|
|
6
|
Compound
|
500
|
33.3
|
|
6
|
Turbine
|
920
|
61.3
|
|
8
|
Compound
|
800
|
53.3
|
|
8
|
Turbine
|
1600
|
106.7
|
|
10
|
Compound
|
1150
|
76.7
|
|
10
|
Turbine
|
2500
|
166.7
|
(3)
Exemption. No lot which is fully developed for residential purposes
at the time of approval by the Village Board of a final plat, site
plan, certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat shall be counted as a lot for purposes of
this section provided the use of the fully developed lot for residential
purposes remains unchanged.
(4)
Use. Fire station impact fees collected by the Village Clerk/Treasurer
shall be placed in a segregated fund separate from the Village's general
fund and shall be used exclusively for the Village's cost of acquiring
land and constructing fire and rescue squad stations, equipping the
Village's fire department and rescue squad and for the Village's cost
of related fire and rescue facilities to serve the proposed development
and residents of the Village.
(Q)
Storm Water Management Impact Fee.
(1)
Amount-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat a storm water management impact
fee of $900 for each buildable lot or unit included in the final plat,
certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat. The total storm water management impact
fee for the proposed residential use development shall be paid at
the time of final approval by the Village Board and prior to the recording
of a final plat, certified survey map, planned unit development, multi-unit
dwelling plan or condominium plat. Parcels zoned agricultural shall
be exempt from the storm water management impact fee, unless otherwise
agreed by the Village and the Developer by written Development Agreement.
(2)
Amount-Non-Residential Use. The developer shall pay to the Village
Clerk/Treasurer as a condition of approval by the Village Board of
a final plat, site plan, certified survey map, planned unit development
or condominium plat a storm water management impact fee of three times
the residential use storm water management impact fee of $900 per
residential equivalent density unit (REDU). The REDU is calculated
by dividing the gross square footage of land included in the final
plat, site plan, certified survey map, planned unit development or
condominium plat by the R-4 Urban Single-Family Residential District
minimum lot size of 15,000 square feet. The total storm water management
impact fee for the proposed non-residential use development shall
be paid at the time of final approval by the Village Board of the
proposed nonresidential use development and prior to the recording
of a final plat, certified survey map, planned unit development or
condominium plat, unless otherwise agreed by the Village and the Developer
by written Development Agreement.
(3)
Exemption. No lot which is fully developed for residential purposes
at the time of approval by the Village Board of a final plat, site
plan, certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat shall be counted as a lot for purposes of
this section provided the use of the fully developed lot for residential
purposes remains unchanged.
(4)
Use. Storm water management impact fees collected by the Village
Clerk/Treasurer shall be placed in a segregated fund separate from
the Village's general fund and shall be used exclusively for the Village's
cost of designing, constructing, installing and providing storm water
management facilities needed to serve development in the drainage
basin in which the proposed development is located.
(S)
Effect of Nonpayment of Fees. Notwithstanding any other provision
of this chapter, no unconditional final approval of any plat, site
plan, certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat shall be granted by the Village Board until
such time as all fees imposed under this chapter have been paid in
full, with the exception of that portion of the expert assistance
fee, public park impact fee, public works utility impact fee, fire
station impact fee and water connection impact fee which shall be
paid after final approval. Any fees imposed under this chapter not
paid when due shall be imposed as a special assessment against the
benefitted parcel pursuant to Chapter 66 of the Wisconsin Statutes.
(T)
Refund of Impact Fees. Pursuant § 66.0617(9) of the
Wisconsin Statutes., any impact fees that are imposed and collected
under § 18.30(M), (N), (O), (P), (Q) and which are not used
within a reasonable period of time after they are collected to pay
the capital costs for which they are imposed shall be refunded to
the current owner of the property with respect to which the impact
fees were imposed. For purposes of this subsection, the reasonable
time periods within which the impact fees must be spent or refunded
are as follows:
(1)
Public park impact fees imposed under subsection (M), above, shall be spent or refunded within the greater of the length of the capital improvements budget in place at the time of the collection of such fees, five years, the planning period for acquisition of public park lands or capital improvements as delineated in a separate written document adopted by the Village Board, or the term of any instrument of public financing including the amendments, refinancings or extensions thereof for the payment for acquisition of or improvement to any public park, recreation or other open space areas.
(2)
Public museum impact fees imposed under subsection (N), above, shall be spent or refunded within 30 years.
(3)
Public works utility impact fees imposed under subsection (O), above, shall be spent or refunded within the greater of the length of the capital improvements budget in place at the time of the collection of such fees, 10 years, the planning period for acquisition of lands or capital improvements as delineated in a separate written document adopted by the Village Board, or the term of any instrument of public financing including the amendments, refinancings or extensions thereof for the payment for acquisition of or improvement to any public works facilities or equipment.
(4)
Fire station impact fees imposed under subsection (P), above, shall be spent or refunded within the greater of the length of the capital improvements budget in place at the time of the collection of such fees, 10 years, the planning period for acquisition of lands or construction of or purchase of capital improvements for the Village fire department/rescue squad as delineated in a separate written document adopted by the Village Board, or the term of any instrument of public financing including the amendments, refinancings or extensions thereof for the payment for acquisition of or improvement to any fire or rescue squad station or equipment.
(5)
Storm water management impact fees imposed under subsection (Q), above, shall be spent or refunded within the greater of the length of the capital improvements budget in place at the time of the collection of such fees, 10 years, the planning period for storm water management facilities as delineated in a separate written document adopted by the Village Board, or the term of any instrument of public financing including the amendments, refinancings or extensions thereof for the payment for acquisition of or improvement to any stormwater management facilities.
(6)
Water connection impact fees imposed under subsection (R), above, shall be spent or refunded within the greater of the length of the capital improvements budget in place at the time of the collection of such fees, 10 years, the planning period for acquisition of lands or construction of or purchase of capital improvements for the Somers Water Utility as delineated in a separate written document adopted by the Village Board, or the term of any instrument of public financing including the amendments, refinancings or extensions thereof for the payment for acquisition of or improvements to the Village water system or related facilities.
(U)
Appeal. The developer upon whom an impact fee is imposed under
this chapter may contest the amount, collection or use of the impact
fee to the Village Board. The developer shall file with the Village
Clerk/Treasurer a verified petition setting forth in detail the basis
and all supporting authority for contesting the amount, collection
or use of the impact fee. The verified petition shall be filed with
the Village Clerk/Treasurer at least 10 days prior to the meeting
of the Village Board at which final approval of a plat, site plan,
certified survey map, planned unit development, multi-unit dwelling
plan or condominium plat is desired by the developer. No final approval
of any plat, site plan, certified survey map, planned unit development,
multi-unit dwelling plan or condominium plat shall be granted by the
Village Board, and no plat, certified survey map, planned unit development,
multi-unit dwelling plan or condominium plat shall be recorded until
the Village Board has made a determination concerning the developer's
verified petition contesting the amount, collection or use of the
impact fee.
(V)
General Consultation With Developers. Prior to the filing of
an application seeking the approval a preliminary plat, certified
survey map, condominium plat, planned unit development, multi-dwelling
plan or conditional use permit, Village staff may meet with the developer
to generally discuss the concepts relating to the proposed development.
For purposes of this subsection, Village staff shall include one or
more of the following: Village Administrator, Village Finance Manager,
Village Clerk/Treasurer, Public Works Superintendent, Village Building
Inspector. Village staff shall not include paid consultants such as
the Village Engineers, Village Planners or Village Attorneys. The
first consultation by Village staff with the developer shall be free,
provided that such consultation is not longer than two hours. Thereafter,
a $50 per hour fee shall be imposed for each member of the Village
staff who shall meet with the developer or the developer's agents
or representatives, including consultants. The Village Administrator
shall establish the timing and details of such payments, taking into
consideration the particular details of the types of issues which
may be encountered with the proposed development.
(W)
Comprehensive Plan Amendment. The developer shall pay to the
Village Clerk/Treasurer at the time of filing the request for a Comprehensive
Plan amendment, a fee of $600. Additional costs of review and evaluation
by Village consultants, if any, shall be invoiced to and paid by developer
prior to final approval.
(A)
Purpose. The purpose of this section is to provide a process
to review and approve site plans for land uses which are subject to
Village Plan Commission and Village Board approval.
(B)
Application. This section applies to the new construction or
erection of any building or structure and to any addition to a building
or structure unless waived by the Village Building Inspector.
(C)
Site Plan Review and Other Permits/Licenses Required.
(1)
Site Plan Review. A review of a site plan which is subject to
this section is a condition precedent to the issuance of a building
permit.
(2)
Other Permits/Licenses Required. Certain land development and
land uses may require permits/licenses other than a building and/or
conditional use permit, including but not limited to:
(D)
Review Authority. The site plan review authority shall be the
Village Plan Commission and the Village Board. The Village Plan Commission
shall recommend approval, approval with conditions or denial of the
site plan to the Village Board. The Village Board shall have the authority
to approve, approve with conditions or deny site plans.
(E)
Application for Site Plan Review. Applications for site plan
review shall be obtained from and shall be filed with the Village.
The application shall be made on Village forms, shall be fully, accurately
and legibly completed, and shall include 20 copies of the application
and submittals required by this section.
(G)
Application Forms and Submittals.
(1)
Written Application. Every applicant for a site plan review
shall complete a written application form. If there is no street address
for the property, the applicant must provide a description of the
location of the property in relation to surrounding streets and properties.
(2)
Preliminary Review. The applicant shall meet with the Village
Administrator prior to submitting an application to review the application
requirements and review process and to determine whether any optional
submittals will be required.
(3)
Review Authority Decision. The Village Plan Commission shall
review the application and shall recommend approval, approval with
conditions or denial to the Village Board based upon the standards
of this chapter and the comments of relevant Village employees and
consultants. The Village Board shall review the application and the
recommendation of the Village Plan Commission. The Village Board shall
have the authority to approve, approve with conditions or deny the
application based upon the standards of this chapter, the recommendation
of the Village Plan Commission and the comments of relevant Village
employees and consultants. A copy of the final decision of the Village
Board shall be mailed to the applicant.
(H)
Development Plans. The following plans must be submitted for
review.
(1)
Building plan.
(2)
Site plan.
(3)
Landscape plan.
(4)
Utility plan.
(5)
Drainage plan.
(6)
Erosion control plan.
|
Two or more plans may be combined, but in no case shall the
combined plan fail to show any of the items required for each individual
plan. For example, site plans and utility plans may be suitable for
combination.
|
(I)
General Requirements. All building plans, site plans, landscape
plans, utility plans, drainage plans, erosion control plans, elevations,
and sections shall conform to the requirements as detailed in the
Village of Somers Development Engineering Submittal Guide, as may
be amended from time to time, the terms of which are incorporated
herein by reference and shall be drawn to such a scale that all features
required to be shown on the plans are readily discernible. Building
floor plans and elevations may be drawn to an architect's scale. All
other plans shall use an engineering scale. For site, landscape, utility,
drainage and erosion control plans as differentiated from elevations
and sections, the scale used shall be the same for each plan, which
shall be no smaller than one inch equals 20 feet except for properties
with unusual characteristics.
(1)
Technical Specifications. Plans, elevations, and sections shall
not exceed 30 inches by 42 inches in size unless otherwise approved
prior to submittal. The following shall be shown on each plan, elevation
or section:
(a)
The name of the applicant.
(b)
The name and location of the development, and the title of the
plan, e.g., "site plan", "landscape plan".
(c)
Scale and north arrow.
(d)
The date of the original plan and the date(s) of any revisions.
(e)
The license number, seal, and signature of any registered architect
or engineer involved in the preparation of the plans.
(2)
Optional Submittals. Whenever it is determined by the Village
that the characteristics of the proposed development require additional
information or documentation to permit a comprehensive review, such
information or documentation shall be provided by the applicant after
receiving a written request from the Village. The following is a representative,
but not exclusive, list of the optional submittals that may be requested:
(a)
Traffic Impact Analysis. An analysis of adjoining street capacity
and current volumes, trip generation rates expected for the development,
and expected increase or decrease in volumes on adjoining streets
and impacted arterials. The traffic impact analysis shall identify
the size, location, and characteristics of roadway or traffic control
improvements necessitated by the proposed development to maintain
existing levels of service on public thoroughfares. The analysis shall
identify the impact of the development on pedestrian or vehicular
safety and congestion. The analysis shall be required on an individual
basis.
(b)
Geotechnical Report.
(c)
Marketing Study.
(3)
Permits. No building, construction or site work permits shall
be issued by the Building Inspector until the Village Board has reviewed
and approved the site plan. Footing and foundation permits may only
be issued if the Village Board has granted conditional approval with
respect to such work after receiving the written recommendation from
Village staff.
(A)
General Provisions.
(1)
The development standards provided herein are minimum standards
and additional standards or conditions may be required for individual
developments when the circumstances warrant.
(2)
Should the development standards conflict with any other provision
of this chapter, the most restrictive provision shall apply.
(3)
The development plans shall serve as the review documents which
the Village will use in the analysis of the proposed development.
(B)
Building Plan. Building plans shall show and include:
(1)
Building Elevations shall be Provided and Dimensioned. Plans
shall be drawn to sufficient detail so that all room sizes, wall openings,
building projections and locations of all exterior HVAC and utility
services equipment can be identified.
(2)
Materials and colors of exterior surfaces such as walls, roofs,
and window trim shall be indicated. Samples shall be submitted for
review and approval.
(3)
Details on fire detection, fire alarm and other safety devices,
including fire suppression, sprinkler, standpipe, and restaurant hood
suppression systems shall be provided for review and be approved by
the Somers Fire Department.
(4)
Building size and scale should reflect the physical scale of
the surrounding area and the scale of surrounding buildings.
(5)
The location and orientation of building elements, such as balconies
or porches, should reflect the orientation of surrounding buildings
and structures.
(6)
Rooms used for residential purposes shall provide adequate living
area as required in the Minimum Housing Code of the Village of Somers
Code of General Ordinances.
(7)
The materials and design of buildings, structures and additions
should compliment the surrounding area.
(8)
Building design shall comply with the Americans with Disabilities
Act.
(9)
Building addresses shall be clearly displayed on each building.
Minimum four inch high letters and/or numbers shall be required.
(C)
Site Plan. Site plans shall show and include:
(1)
Dimensions of the development site indicated along the property
line. Distances to all buildings, structures and freestanding signs
on adjoining properties and building setbacks.
(2)
Location, footprint and outside dimensions of buildings, structures,
and freestanding signs.
(3)
Existing and proposed pedestrian and vehicular access points,
streets, drives, bicycle paths, bridges, intersections, and other
pedestrian and vehicular circulation elements, labeled with street
names, dimensioned in feet tenths and hundredths, and with surface
materials identified, i.e. asphalt, sod, etc.
(4)
Vehicle accommodation areas including parking areas, loading
areas, and circulation areas with the surface material identified
and showing the layout of parking spaces and direction of travel lanes,
aisles or driveways.
(5)
Front, side and rear yards labeled as such and dimensioned.
(6)
Location and dimensions of all existing or planned easements,
lands subject to deed restrictions or protective covenants, rights-of-way,
and required emergency access ways.
(7)
Identification of all land to be dedicated or reserved for public
use with the use named.
(8)
Location, elevation and dimensions of walls and fences that
are to be permanent improvements to the site or erected temporarily
during construction.
(9)
Location, elevation and dimensions of outdoor lighting fixtures.
(10)
With respect to construction of 150,000 square feet or greater
of building development or expansion on a single parcel or contiguous
group of parcels, a three-dimensional model, visual presentation or
other depiction or color rendering of proposed buildings, the site,
and its immediate vicinity. Models shall be at a minimum scale of
one inch equals 50 feet. Models shall show all proposed buildings,
roads, vehicular and pedestrian circulation elements, parking lots
or parking structures, existing vegetation to remain, proposed landscaping,
and any other significant natural features.
(11)
A legal description and certified survey map or plat as applicable
of the property. Any easement, covenant or right-of-way, existing
or planned, which creates site design constraints shall be indicated.
Any design adjustments to these constraints shall not adversely impact
the intent of these standards or the provisions of this chapter. Location
of any floodplain, wetland, and shoreland boundary shall be shown.
(12)
Location, proportion and orientation of buildings or structures
should compliment the location, proportion and orientation of surrounding
landforms, buildings or structures.
(13)
The Village Board shall consider the impact of the proposed
development on the comprehensive plan, comprehensive plan component,
component neighborhood development plan, and the official zoning map,
as amended. The Village Board shall use the following criteria when
assessing the development's impact on surrounding land uses:
(a)
The development shall be consistent with the objectives
of the comprehensive plan, comprehensive plan component and any relevant
component neighborhood development plan.
(b)
The development shall be compatible with the character
and objectives of the zoning district or districts within which it
is located.
(c)
The development shall be compatible with the character
of the neighborhood which surrounds the development.
(14)
Site access shall be governed by the following criteria:
(a)
Site entrance drive dimensions such as widths,
radii and visibility triangles.
(b)
Development shall provide the least number of ingress/egress
points along a street necessary for safe and efficient traffic flow.
The location of all access points along Village roads shall be reviewed
by the Village Engineer.
(c)
Vehicular entrances shall follow the recommended
safety guidelines established by the Wisconsin Department of Transportation.
(d)
An adequate internal stacking distance shall be
provided from the property line at each entrance.
(e)
Appropriate traffic control measures including
signs and crosswalks shall be utilized at all entrances to public
rights-of-way.
(f)
Adjacent development shall share a common entrance
drive where practicable.
(g)
Access to adjoining sites shall be coordinated
where possible or necessary.
(i)
At least one vehicular and pedestrian access point
to each adjoining site shall be granted by cross access easements.
(ii)
Cross access easements should not occur within
interior parkways.
(iii)
Cross access easements shall be minimum of 30
feet wide.
(iv)
Cross access easements are encouraged behind buildings
to encourage linked rear parking areas. Vehicular access to any non-residential
structure, use, parking or loading facility shall not be gained across
land zoned for a residential use.
(15)
Parking areas shall be designed in a manner that will reduce
the negative visual impacts of large expanses of impervious surface
while maintaining maximum safety standards. The following standards
shall be established as part of the parking area site design:
(b)
Parking Lot Construction. Parking lots shall be
paved with asphaltic concrete or Portland cement concrete. Concrete
curb and gutter with landscape islands shall be constructed within
all parking lots.
(c)
Pedestrian Access.
(i)
There shall be a minimum of a five-foot wide paved
walkway provided to each building entrance from parking areas and
from public sidewalks.
(ii)
Pedestrian walkways shall be provided for access
to adjacent properties and be handicap accessible.
(iii)
Drainage improvements shall not pass over pedestrian
walks.
(iv)
Pedestrian walks shall not exceed a longitudinal
slope of 5% or a side slope of 3% as measured over a ten-foot interval.
(d)
Traffic Circulation Lanes.
(i)
Traffic lanes shall be clearly separated from parking
and pedestrian areas through the use of landscape islands, barrier
curbs, or lane striping.
(ii)
Truck traffic should be routed directly to service
areas without passing through parking or pedestrian areas.
(iii)
Service truck parking should only be allowed
within designated service areas.
(iv)
Unless otherwise exempted by the Somers Fire Department,
all circulation lanes adjoining the perimeter of buildings shall be
designated as fire lanes.
(f)
Open Space. The following specific areas shall
be preserved as undeveloped open space:
(i)
Wetlands as described in S.S. 404 Federal Water
Pollution Control Act Amendments of 1972 and delineated on the Wisconsin
Department of Natural Resources Wetland Inventory Map verified by
on-site inspection by a qualified wetlands consultant.
(ii)
Lands in a Designated Floodway or Floodplain.
Lands within a floodplain may be used for parking and recreational
uses provided all required permits are obtained.
(iii)
Habitats of endangered wildlife or vegetation
as identified by the federal government and/or the Wisconsin Department
of Natural Resources.
(D)
Landscape Plan. Landscape plans shall show and include:
(1)
Location and footprint of all buildings and structures.
(2)
Dimensions of the development site indicated along the property
line.
(3)
Existing and proposed streets, drives, sidewalks, alleys, intersections,
pedestrian and vehicular access points, bicycle paths, bridges, and
other pedestrian and vehicular circulation elements labeled with street
names and dimensioned. Surface materials shall also be identified.
(4)
Location and dimensions of parking lots, parking spaces, and
parking lot access ways.
(5)
Location and dimensions of all existing or planned easements,
lands subject to covenant, lands to be dedicated or devoted to public
use, and rights-of-way.
(6)
Location and dimensions of snow removal and snow storage areas.
(7)
Location and dimensions of outdoor lighting fixtures, freestanding
signs, permanent or temporary walls and fences, waste and trash disposal
facilities, surface utility structures, and other freestanding structural
features.
(8)
Location and dimensions of playgrounds, tot lots, and other
recreational facilities.
(9)
Details of all permanent fences and walls to be constructed
on the site including dimensioned elevations and materials schedules.
(10)
Existing and proposed contours and grades, including the location,
slope ratios (horizontal to vertical) of all proposed berming at a
one-foot contour intervals. Location, extent and general elevations
and slope ratios of all surface water retention and detention areas
and drainageways. Elevations at top and bottom of all proposed retaining
and screening walls and fences. Existing lines shall be shown as dotted
lines.
(11)
Plant materials, showing the location, quantity, installation
size, intended maintained size and/or mature size (height and crown),
with labels of both scientific and common names of all proposed plant
materials. All plants to be drawn to scale in relation to mature crown
size.
(12)
Location and specifications of all proposed ground cover, including
both scientific and common names of all proposed plant materials.
(13)
Location of paving materials and non-living ground cover which
is identified by description and brand names.
(14)
Location, species, and size of all existing trees that are three
inches or larger in diameter, measured 54 inches above natural grade.
Any trees to be removed should be clearly identified. Trees measuring
three inches or greater which will be used to meet landscape requirements
shall also be indicated. If required for reasons of clarity, this
information may be depicted as a supplemental illustration.
(15)
Tree line of wooded areas.
(16)
Orchards or other agricultural groves by common or scientific
name.
(17)
A landscape improvement table with the following information:
(a)
Square footage of parking lot area.
(b)
Square footage and percentage of interior parking
lot landscape area expressed a ratio to total parking lot area.
(c)
Number of trees provided for parking lot interior.
(d)
Plant quantities provided for buffer strips and
medians.
(e)
Square footage of interior open spaces.
(f)
Number of trees on interior open spaces.
(18)
Proposed location of all utilities on the site, e.g. gas, water,
sewer, cable, irrigation and drainage.
(19)
The following landscape site standards shall be established
as part of the required landscape plan:
(a)
Tree protection plan shall show existing trees
of three inch caliper, trees to be removed, and indicate how existing
trees will be protected on the site.
(b)
All required landscaping shall be installed prior
to the issuance of a certificate of occupancy. A temporary certificate
of occupancy may be issued if weather conditions prevent installation
of all or portions of the landscape materials provided the developer
enters into a written agreement which sets forth the date at which
time all landscaping is to be completed and developer deposits with
the Village Clerk/Treasurer a cash bond, letter of credit or other
assurance as approved by the Village Attorney for the completion of
all landscaping. The amount of assurance as determined by the Village
shall reasonably compensate the Village for its cost of completing
any landscaping improvements not completed by the agreed date.
(c)
All open space or open areas shall be landscaped
in accordance with the standards set forth in this chapter. Unless
otherwise identified, all development shall contain a minimum of 15%
of the site in landscaped open space, including interior parkways,
buffer strips, parking lot landscaping, and site interior landscaping.
(20)
The landscape plans shall include the following five distinct
areas of the parcel being developed. See Figure 2 which provides a
graphic illustration of each of the following areas.
(a)
Interior Parkway. A landscaped open space directly
abutting a public street right-of-way.
(b)
Parkway. The unpaved portion of the public street
right-of-way between a curb or curb line and sidewalk.
(c)
Buffer Strip Area. A landscaped area intended to
separate two adjacent land uses or properties from one another and
soften land use incompatibility.
(d)
Parking Lot Landscaping. A landscaped area within
or surrounding a parking area used to soften the visual and environmental
character of paved parking areas.
(e)
Site Interior Landscaping. The open space area
surrounding buildings intended to enhance building and site character
excluding the interior parkway, parking lot landscaping, and buffer
strip area.
(21)
The following landscape requirements apply to multi-family residential
uses:
(a)
Interior parkway landscaping is required of development
in order to screen vehicular parking which may be viewed from the
public rights-of-way as shown in Figure 3. Landscape screening as
shown in Figure 4 shall consist of one or a combination of the following
along at least 50% of the frontage.
(i)
Masonry walls compatible with proposed building
design and landscaped with foundation plantings.
(ii)
Screen fence of wood or approved material at least
75% opaque and landscaped with foundation plantings.
(iii)
Planting screen, including earth berming, ornamental
and evergreen trees, shrubs and ground cover.
(b)
Parkway landscaping is required of development
in order to provide street tree plantings along public rights-of-way.
A minimum of one, three-inch caliper deciduous tree is required for
every 40 feet linear feet of parkway frontage. Parkway shade trees
are not required when plans show deciduous trees in interior parkways
within 35 feet of the parkway curb line.
(c)
All developments shall create a buffer strip area
between land uses to promote a sense of privacy and security. Buffer
strip areas shall be composed of landscape plantings, earth berming
and/or screen fencing as required for intended land use. See Tables
1 and 2 and Figure 5 illustrations for the options which are permitted
in the buffer strip area. Buffer strip areas shall be provided along
the periphery of the development site except where cross access, utilities
or special circumstances prohibit. Shrubs are intended to be planted
in groupings or hedges through the buffer strip area at a minimum
height of 24 inches. Screen fencing or walls shall be of wood, face
brick or other approved material.
(d)
Site interior landscaping should utilize plant
materials, earth berming and screening elements to functionally screen
and aesthetically enhance site and building characteristics through
the implementation of the following standards:
(i)
Between Buildings.
a.
There should be sufficient quantities of shade,
ornamental and evergreen trees, shrubs, and ground covers to adequately
screen undesirable views and create a sense of privacy at the side
and rear of adjacent buildings.
b.
There should be a minimum quantity of one shade
tree of minimum three-inch caliper for every 5,000 square feet of
open space between and at the rear of buildings. This quantity should
be calculated separately from and not be counted toward any buffer
strip area or interior parkway quantity requirements.
c.
Up to 50% of the shade trees required may be substituted
with 1 1/2 inch caliper ornamental trees or six-foot to eight-foot
high coniferous trees.
d.
All designated lawn areas between or around buildings
should be sodded. Seed may be used if an irrigation system is installed.
(ii)
Foundation Planting.
a.
A minimum five-foot wide landscape area should be
provided along 50% of building walls.
b.
This landscape area should be planted with a balance
of ornamental and coniferous trees, shrubs and ground covers. Trees
must be columnar in form when planted within 20 feet of a building
overhang.
c.
Plantings should emphasize softening of the large
expanses of building walls length and height, accent building entrances
and architectural features, and screen mechanical equipment adjacent
to buildings.
(iii)
Utility and mechanical equipment screening.
a.
All freestanding utility and mechanical equipment
shall be screened from view through the use of evergreen plant materials
or fencing compatible with proposed building design.
b.
Trash dumpsters and other waste receptacles shall
be screened with fencing of decorative wood or masonry six feet in
height with a solid attractive single or double access gate on one
side only and with coniferous shrubs or trees as shown in Figure 6.
(22)
The following landscape requirements apply to commercial uses,
which include all commercial, office, and institutional uses.
(a)
Interior parkway landscaping is required of development
in order to screen vehicular parking which may be viewed from the
public rights-of-way as shown in Figure 7. Interior parkway landscape
standards for commercial uses are illustrated in Table 3. Parking
lot frontage shall be screened to a height of three feet along at
least 50% of the frontage as shown in Figure 7.
(b)
Parkway landscaping is required of development
in order to provide street tree plantings. Parkway landscape standards
for commercial uses shall include one, three-inch caliper deciduous
tree for every 40 feet of street frontage. Parkway trees are not required
when plans show shade trees in the interior parkway within 35 feet
of the parkway curb line.
(c)
All commercial developments shall create a buffer
strip area between land uses. Buffer strip areas shall be composed
of landscape plantings, earth berming or screen fencing. Table 4 and
Figures 8 and 9 illustrate permissible buffer strip area options.
Buffer strip areas shall be provided along the periphery of the development
site except where cross access, utilities or special circumstances
prohibit. Ornamental clump trees shall be a minimum of five feet.
All other ornamental trees shall be a minimum of two-inch caliper.
Shrubs shall be planted in groupings or hedges throughout the buffer
strip area. Screen fencing or walls shall be of wood, face brick or
other approved material.
(d)
Site interior landscaping shall utilize plant materials,
earth berming and screening elements to functionally screen and aesthetically
enhance site and building characteristics.
(i)
Between Buildings.
a.
There shall be sufficient quantities of deciduous,
ornamental and coniferous trees, shrubs and ground covers to adequately
screen undesirable views at the sides and rear of buildings.
b.
All designated lawn areas between or around buildings
shall be sodded. Seed may be used if an irrigation system is provided.
(ii)
Foundation Planting.
a.
A five-foot wide landscape area should be provided
adjacent to all building walls. All trees shall be planted a minimum
of 10 feet from building overhangs and only columnar trees may be
planted within 20 feet of a building overhang.
b.
The landscaped area should be planted with a balance
of ornamental and coniferous trees, shrubs, and ground covers.
c.
Plantings should emphasize softening of large expanses
of building walls length and height, accent building entrances and
architectural features, and screen mechanical equipment adjacent to
buildings.
(iii)
Service Area Screening.
a.
All service areas such as loading docks and freestanding
utility and mechanical equipment shall be screened from view through
the use of coniferous plant materials or fencing compatible with the
proposed building design.
b.
Trash dumpsters and other waste receptacles or equipment
shall be screened with fencing of decorative wood or masonry six feet
in height with a solid attractive single or double access gate on
one side only with coniferous shrubs or trees as shown in Figure 6.
(23)
The following landscape requirements apply to industrial and
manufacturing uses:
(a)
Interior parkway landscaping is required of development
in order to screen vehicular parking which may be viewed from the
public right-of-way. Interior parkway landscape standards for industrial
and manufacturing uses are illustrated in Table 5. Parking lot frontage
shall be screened except where vehicular sight lines may be impaired
as shown in Figure 10.
(b)
Parkway landscaping is required of development
in order to provide street tree plantings along public rights-of-way.
Parkway landscape standards for industrial and manufacturing uses
in all industrial and manufacturing zones shall include one, two-inch
caliper tree for every 40 feet linear feet of street frontage. Parkway
trees are not required when plans show deciduous trees in interior
parkways within 35 feet of the parkway curb line.
(c)
All development shall create a buffer strip area
between land uses promoting a sense of privacy and security as illustrated
in Tables 6, 7 and 8 and Figures 11, 12 and 13. Buffer strip areas
may be composed of landscape plantings, earth berming and screen fencing
as required for intended land use. Buffer strip areas shall contain
deciduous, ornamental or coniferous trees or combination thereof.
Figures 11, 12 and 13 illustrate the options which are permitted in
buffer strip areas in relation to adjacent zoning districts. Shrub
beds should be used especially when deciduous trees represent 50%
or more of plantings. A larger number of coniferous trees and shrubs
must be used when land uses conflict such as between industrial land
uses adjacent to residential land uses. Buffer strip areas shall be
provided along the periphery of the development site except where
cross access, utilities or special circumstances prohibit. Shrubs
are intended to be planted in groupings or hedges throughout the buffer
strip area. Screen fencing or walls shall be of wood, face brick or
other approved material six feet high and at least 75% opaque. Earth
berming at a maximum slope of 3:1 (horizontal to vertical) shall be
provided.
(d)
Site interior landscaping shall utilize plant materials,
earth berming and screening elements to functionally screen and aesthetically
enhance site and building characteristics.
(i)
Between Buildings.
a.
There shall be sufficient quantities of deciduous,
ornamental and coniferous trees, shrubs and ground covers to adequately
screen undesirable views at the sides and rear of buildings.
b.
All designated lawn areas between or around buildings
shall be sodded. Seed may be used if an irrigation system is provided.
(ii)
Foundation Planting.
a.
At minimum there shall be a five-foot wide landscape
area along 50% of any building wall or portion of wall visible from
the public right-of-way.
b.
The landscaped area should be planted with a balance
of ornamental and coniferous trees, shrubs, and ground covers.
c.
Plantings should emphasize softening of large expanses
of building walls length and height, accent building entrances and
architectural features, and screen mechanical equipment adjacent to
buildings.
(iii)
Service Area Screening.
a.
All service areas, activities and facilities shall
be screened from view through the use of coniferous plant materials
or fencing compatible with the proposed building design.
b.
Trash dumpsters and other waste receptacles or equipment
shall be screened with fencing of decorative wood or masonry six feet
in height with a solid, attractive single or double access gate on
one side only with coniferous shrubs and trees as shown in Figure
6.
(24)
Landscaping Shall be Provided Within All Parking Lots. Parking
lot plantings shall provide screening, shade, subdivided space, and
are intended to reduce glare and heat from pavement surfaces by meeting
the following standards:
(a)
Each parking row regardless of its length should
begin and end with a landscape island with barrier type curbs.
(b)
No parking space shall be more than 90 linear feet
away from either a landscaped parking island or landscaped buffer
strip area, foundation planting or landscaped interior parkway.
(c)
All parking lots or portions of parking lots adjacent
to buffer strip areas or interior parkways which are adjacent to any
residential properties shall be screened from view by landscaping,
fencing, berming, and/or combination thereof.
(d)
Shrubs within parking lot islands shall be maintained
at a height not to exceed three feet.
(e)
Parking lot landscape areas shall have a minimum
width of eight feet measured from back of curb to back of curb and
a depth equal to the depth of the parking stall as shown in Figure
14.
(E)
Utility Plan. Utility plans shall show and include:
(1)
Location and dimensions, in length and diameter where applicable,
of all above ground and underground conduits and utility lines, storm
and sanitary sewers, water mains, electrical, natural gas, and communication
(cable television, telephone, etc.) lines.
(2)
Location of all utility connections and metering facilities,
including fire hydrants, Fire Department connections, existing wells,
pumping stations and lift stations.
(3)
Location and footprint of all buildings and structures in outline.
(4)
Location and names of existing and proposed streets and intersections,
the location of parking lots, sidewalks, bike paths, and other elements
of vehicular and pedestrian circulation.
(5)
Plumbing plans showing in detail the size and location of all
water mains and fire hydrant locations.
(F)
Drainage Plan. Drainage plans shall show and include:
(1)
Existing topography by contours related to USGS survey 1929
datum. The contour interval shall be not greater than one foot (a
one foot interval is recommended) and shall extend at least 50 feet
off the site. The Village Engineer may require site elevations beyond
50 feet off the site. Spot elevations of existing buildings, structures,
high points, and wet areas or flood elevations.
(2)
Floodplain, shoreland, environmental corridors and wetland boundaries.
(3)
Soil characteristics.
(4)
Location, capacity, and dimensions of on-site storm water drainage
facilities, including manholes, pipes, curbs, gutters, curb inlets,
curb cuts, drainage grates and design calculations with a drainage
area map.
(5)
Location, extent, and typical cross sections and slope ratios
of all storm water retention and detention areas and drainageways.
Location and elevations at top and bottom of proposed retaining walls.
(6)
Location and footprint of any and all buildings and structures.
(7)
Location and names of existing and proposed streets and intersections,
the location of parking lots, sidewalks, bike paths, and other elements
of vehicular and pedestrian circulation.
(G)
Erosion Control Plan. Erosion control plans shall show and include:
(1)
Those structure required to retard the rate of runoff water
and those grading and excavation practices that will prevent erosion
and sedimentation.
(2)
The erosion control plans shall generally follow the guidelines
and standards set forth in the publication, Wisconsin Construction
Site Best Management Practices Handbook prepared by the Wisconsin
Department of Natural Resources.
(A)
Introduction and Intent. The process of private building and
development in a community can be simple or complex depending on the
size of the project, the number of participants, and the ease of communication
among the various parties involved.
Somers Village officials and citizens have legitimate concerns
about both the future character of the community and the integrity
of existing and even historic development. One concern is in regard
to land uses or the mix of land uses, both existing and planned. A
second concern is the financial capability of developers to provide
the required and promised improvements and the financial capability
of the community to provide the necessary and requested services.
A third concern is in regard to the visual impact or image of the
community by people both living within or only traveling through the
Village. The intent or purpose of this section is to provide principles
and standards for use by both the developer and Village officials
in the preparation and review of site and building plans proposed
within the Village with emphasis on and the primary objective of heightening
the visual character of the sites and buildings proposed and, thereby,
the entire community.
The developer of any single or multiple use development other
than single and two-family single lot development proposed to be undertaken
within the Village must present a site and building plan to the Plan
Commission for review and recommendation to the Village Board and
to the Village Board for review and approval. Such approval must be
obtained prior to receipt by the developer of a permit to commence
building or site development activity. The intent of this chapter
is twofold. First, to provide a systematic procedure for review and
discussion of projects. Second, to provide general guidelines to be
used in the review of a development or building project.
In order to identify specific standards for the visible elements
of site and building design which embody the general desires of the
Village, the following principles have been established which form
the foundation for the standards which will follow.
(B)
Site Planning and Design Principles. The following is a list
of principles which shall be utilized in reviewing any site plan and
project designs in the Village.
(1)
The development or building site must be viewed as only one
element of the total developed and undeveloped environment in the
vicinity of the site. Therefore, attention must be given to how the
site and the development on the site will ultimately fit into the
total environment.
(2)
Site planning and design is the process by which site features
and uses on the site are made to be compatible, functional and visually
pleasing.
(3)
All elements and aspects of the site, both natural and man-made,
are important to the aesthetic character of the site.
(4)
Adjacent or contiguous uses or facilities may have a major effect
on the site or site uses.
(5)
Major changes in land forms on the site which change the character
and/or physical capabilities of the site are not generally conducive
to good site development unless such changes are well planned and
necessary to final development.
(6)
The specific location of site access is critical to both the
future use of the site and the safety and convenience of persons traveling
on adjacent public ways.
(7)
Site grading, landscaping, paving, fencing, lighting, signage,
and other site enhancement are an integral part of any building and
development project.
(C)
Building, Design, Layout and Construction Principles. The following
is a list of principles which shall be utilized in reviewing any building,
design, layout and construction projects in the Village.
(1)
No side or facade of a building or structure is exempt from
public view and consequently all sides or facades should be visually
pleasing and architecturally and aesthetically compatible.
(2)
The shape, size, dimension, architectural style, facade material,
texture, color, building landscaping, building signage, and the setting
of the building within its immediate environment are all elements
of the building design addressed by the designer both individually
and in concert.
(3)
Each color, texture or material of which the exterior of a building
is composed may individually present a visual statement to the viewer.
Therefore, in order not to present a conflicting or complex visual
statement the arrangement and mix of colors, textures and materials
should be carefully considered and the number of such elements minimized.
(4)
Some building materials present a visual statement of strength
and permanence to the immediate environment and to the community and
should be encouraged, while other materials which make a building
or structure appear temporary should be avoided.
(5)
Individual buildings may be attractive but when duplicated or
triplicated on the same or adjacent parcels or on the same horizontal
plane may detract from the visual character of the overall development.
(6)
Some use elements of a building structure such as outside mechanical
equipment, loading docks and areas, trash storage areas, and raw material
storage areas are not usually attractive and often detract from the
visual appearance of the building unless careful attention is given
to placement, construction, structural and/or landscape screening
of such areas.
(7)
Building landscaping, that is landscaping which is or appears
to be an integral part of the building facade design, needs to be
carefully planned and the appropriate plant materials used so as not
to detract from the architecture of the building.
(8)
Building signage, that is signage which is or appears to be
an integral part of the building facade design, needs to be carefully
planned and the appropriate sign materials, sign lighting and color
used so as not to be disruptive or detract from the architecture of
the building.
(D)
Site Planning and Design Standards. A standard or criteria is
either a quantitative or qualitative model or value level by or against
which all related actions or activities are measured. In this regard
a standard is sometimes referred to as a "yardstick". Moreover, quantitative
standards are those which, when applied, will reveal a quantitative
difference or similarity between the standard and the action or activity
being measured by the standard. For example, the action related to
a site planning standard that states, "No man-made slope or disturbed
natural slope shall be greater than 3:1, when three is the horizontal
measurement", can be measured quantitatively to determine if the standard
has been met.
A qualitative standard, on the other hand, is a standard which,
when applied, involves a judgement, usually subjective, that the action
or activity has met or can meet the stated standard. For example a
site planning standard that states "All parking areas shall be screened
in a visually pleasing manner to soften the visual presentation of
parked cars and asphalt", requires that the person(s) making the determination
as to whether or not the standard is met actually look(s) at the screening
structure, device or plant materials and makes a qualitative judgement.
If it can be concluded that the materials, device or structure as
designed or constructed are individually or collectively visually
pleasing, there should be no problem making such a judgement. If,
however, the materials are different in character the judgement is
usually more difficult. Even the arrangement of individually pleasing
materials may not be pleasing.
The following are both quantitative and qualitative standards
related to site development which will be used by the Village Plan
Commission and Village Board in the review of every site plan or development:
(1)
Standard No. SD-1.
(a)
The natural landscape of a development site including topography,
ponds, drainageways, vegetation, and soils shall be disturbed to the
least extent possible to accomplish ultimate site development.
(b)
Final man-made site grades on a continuous slope of more than
100 feet in horizontal distance shall not exceed 3:1 on any part of
the site where three is the horizontal dimension, and shall exceed
a 4:1 grade on no more than 20% of the site.
(2)
Standard No. SD-2.
(a)
The drainage pattern on the site shall not be changed significantly
and no change to the drainage pattern on lands in the immediate vicinity
of the site shall be allowed.
(b)
Storm drainage outfall from the completely developed site and
generated from a fifty-year rain storm event shall not exceed the
physical ability of the streams, drainageways or storm sewer immediately
adjacent and downstream from the site to accommodate such periodic
storm drainage and shall be in compliance with all Wisconsin Department
of Natural Resources rules and regulations.
(3)
Standard No. SD-3.
(a)
All streets interior to the development site, whether private
or public, shall be constructed to Village construction standards
in terms of cross-section, grades and construction materials unless
waived by the Village Board.
(b)
No segment of any public or private street within the overall
development site shall exceed 10% vertical grade and no segment of
any such street shall exceed 8% vertical grade for a continuing horizontal
distance of more than 200 feet.
(c)
Approved points of access between streets within the development
site and intersecting arterial or collector streets shall be designed
to accommodate a minimum four lane divided entry for a minimum distance
of 250 feet into the development site when the average daily traffic
(ADT) is expected to exceed 500.
(4)
Standard No. SD-4.
(a)
No more than 75% of any total development site shall be covered
with buildings or other covering materials which are impervious to
surface water absorption.
(b)
No less than 25% of the development site shall be retained in
either an undisturbed natural state or in attractive, planned and
arranged ground cover, landscape plantings and earthen berms.
(c)
Except in single and two-family residential areas, no impervious
surface, including graveled area, shall be placed closer than 10 feet
from a property boundary unless connecting to adjacent property.
(5)
Standard No. SD-5.
(a)
Fencing designed to visually screen areas of the site from a
passersby shall be of a type and quality and constructed of materials
that will be aesthetic and compatible with the building structure(s).
(b)
Site fencing shall be designed and constructed to be readily
maintained in a safe and aesthetic manner.
(6)
Standard No. SD-6.
(a)
Lighting of the site shall be of a type, design, color and height
to blend with the site and landscaping.
(b)
Lighting of the site shall be of a design and height and shall
be located so as to illuminate only the site and not be a beacon of
distraction or potential hazard to traffic or to people working or
living in the vicinity of the site.
(7)
Standard No. SD-7.
(a)
Signage of uses and buildings on the site shall be limited by
the Village Plan Commission and Village Board in accordance with the
Village zoning ordinance in number, size and type so as not to detract
from the visual attractiveness of the site or architecture, or be
a distraction to the traveling public or the neighborhood in general.
(E)
Building Design Standards. Standards must be related to the
various principles which, in turn, are related to the overall objective
to heighten the visual character of sites and buildings in the Village.
The following are both quantitative and qualitative standards related
to the visual aspects of building construction which will be used
by the Village Plan Commission and Village Board in the review of
every site plan or development.
(1)
Standard No. BD-1.
(a)
Principal and accessory buildings presented for review shall
be carefully designed so as to compatibly integrate architectural
style, size, shape, building material, color and texture, landscaping,
lighting and signage.
(3)
Standard No. BD-3.
(a)
The number of materials, textures or colors which visually change
the appearance of the building shall be limited to no more than three.
(b)
Painted, unpainted or anodized metal panels used as a facade
material shall not be extended or have the appearance of extending
to within four feet of the ground elevation and shall comprise no
more than 10% of the facade of any side of a building.
(c)
Bright or fluorescent colors which attract or detract the eye
shall not be used except as incidental trim comprising no more than
5% of the facade of any side.
(4)
Standard No. BD-4.
(a)
Architectural types or styles which are unorthodox or which
are considered to be incompatible with surrounding buildings shall
not be allowed except where existing adjacent buildings or structures
do not meet the standards.
(b)
Buildings constructed within a development shall not be so similar
in exterior appearance that they appear to be the duplicate of the
other unless placed on different horizontal planes or widely different
vertical elevations.
(5)
Standard No. BD-5.
(a)
Building appurtenances such as loading docks, solid waste storage
areas, and mechanical or utility equipment shall not be located on
the street side of any building and shall be permanently screened
from general view on all other sides or roofs of the building by use
of compatible building materials, dense landscaping or both.
(b)
Building landscaping, lighting and signage shall be presented
as an integral part of the building design and shall not be so large
or distinct as to detract from the architecture of the building.
(F)
Deviations from Design Standards. The foregoing standards are
designed to be met by all builders and developers in the Village with
the specific exception of single and two-family home construction.
In certain or specific situations, however, the strict application
or adherence to established standards is not possible. For example,
where a physical hardship would be created by strict adherence to
a standard and where there is no alternative which could meet the
standards, good sense would dictate that the specific standard be
reduced or, perhaps, waived in that individual case. Following are
a series of considerations which may be reviewed and if found to apply
to a specific situation should be applied and thereby either override
or enhance the standard(s) involved:
(1)
The natural terrain of a site may be so diverse or severe that
total adherence to pertinent standards is not possible. In such a
case the standard should be met to the extent possible or a suitable
alternative found which may be recommended by the Village Plan Commission
and may be approved by the Village Board.
(2)
The landscaping of a site and even the fencing and building
structures on the site should be so arranged as to attractively screen
from the general view of the traveling public those areas on the site
not enclosed within a building which are not inherently attractive,
such as auto parking areas, truck and construction equipment parking
areas, large paved areas, trash receptacles, building related mechanical
equipment, above-ground utility facilities, and raw material storage.
(3)
In most cases the use of one or two building materials, or colors
or textures is sufficient to establish the visual character of a building.
In a limited number of cases the design of the building requires the
use of several exterior materials, each of which, in turn, have differing
textures and colors. In such cases care must be taken by the builder/developer
to clearly identify the necessity for deviation from the standards.
(4)
Many types of totally or partially metal clad buildings do not
give the visual impression of permanence and, in addition, such buildings
are vulnerable to both physical and visual decay within a relatively
short period. There are those cases however where buildings have been
or may be designed using special metallic panels which are at once
both durable and visually attractive and not merely an inexpensive
method of building construction. In such cases, when it can be demonstrated
by the builder/developer that a building having more than 10% of the
building facade covered with such metal panels is both attractive
and provides a visual permanence within the community, the Village
Plan Commission may recommend and the Village Board may approve reducing
or waiving those standards which relate to such cases.
(5)
In some cases the existing buildings in a partially developed
area do not meet the standards set forth herein or have deteriorated
to such an extent that they are visually displeasing and may even
appear blighted or dilapidated. In such cases the introduction into
the area of a new building which meets the standards may appear to
be incompatible with the existing development but should be construed
as the initial development even though not in visual conformance with
its surroundings.
(6)
The arrangement of like or similar structures on a site or on
contiguous parcels at different elevations, different planes, or at
different angles may visually change the appearance of the individual
structure. Such arrangement should be carefully considered in the
review of building plans. On the other hand, simply changing the facade
color, texture or material on like or similar buildings may not be
sufficient to change the overall exterior appearance.
(G)
Aesthetic Standards. In addition to site and building standards,
there is a need in the Village of Somers to provide standards for
the aesthetic development of land proposed to be used for residential
subdivisions as well as commercial, industrial or institutional development.
Such standards should relate to developments encompassing 10 or more
acres, and particularly those developments having medium to high concentrations
of people, dwelling units or buildings. Following are the principles
and standards for both types of development within the Village of
Somers.
(1)
Principles.
(a)
All land development should be both visually pleasing and physically
functional.
(b)
All land development should provide for safe and attractive
ingress and egress while at the same time enhancing the image of the
buildings encompassed within and adjacent to the development.
(c)
All land development should encompass those physical improvements
which will enhance the quality of life for those persons living, working
or visiting within the development.
(d)
Parcels of land within the development proposed to be used for
individual building sites should be so arranged or oriented that the
traffic generated by the uses within the buildings or on the parcels
have the least effect possible on adjoining arterial streets and highways
or on lands adjacent to the development.
(2)
Standards.
(a)
Standard No. DD-1. Land development shall be planned to provide
safe and convenient vehicular and pedestrian access within and throughout
the development as well as between and among other adjacent developments.
(b)
Standard No. DD-2. Residential development of medium or high
density and commercial development shall include common "open" or
"green" space encompassing no less than 40% of the entire development.
(c)
Standard No. DD-3. Common open space areas shall be integrated
with other common open space areas and outdoor park or recreation
sites within both the development and community unless infeasible
to do so.
(d)
Standard No. DD-4. Rear yards, storage yards, parking lots,
and loading docks within the development shall be shielded or screened
from adjacent streets, highways and uses of two distinctly different
character by use of earthen berms, landscape plantings or decorative
fencing.
(e)
Standard No. DD-5. When deemed by the Village Plan Commission
or Village Board to be appropriate, sidewalks, walking trails/paths
or bike/walking paved areas shall be provided within the development
to accommodate non-vehicular access to adjacent recreational areas
or to service commercial areas within and without the development.
(f)
Standard No. DD.6. There shall be no ingress/egress from parcels
within the development directly to adjacent arterial streets and highways
unless absolutely essential.
(A)
Permit Required. In addition to the requirements of the Village
zoning ordinance, a permit from the Village Building Inspector shall
be required for any person to erect, place, replace, move, establish,
construct, install, convert, substantially alter, rebuild, enlarge,
remodel, relocate, or illuminate any on premise or off premise sign
upon private property. Repainting, routinely maintaining, or changing
the message on a sign shall not be considered a substantial alteration.
(B)
Application and Fee. Except as otherwise provided in this chapter,
no permit shall be issued until after an application has been filed
with the Village Building Inspector showing the plans and specifications,
dimensions, materials, and details of construction of any proposed
sign, until all provisions of this chapter relating to such sign shall
be complied with, and until after the payment of the prescribed fee
for every sign permit. The fee for sign permits shall be $100 per
sign structure. Permit fees shall be increased five times when a permit
is applied for after the work is started.
Applications for a sign permit shall be comprised, at a minimum,
of a set of mandatory submittals as listed in this section. In addition,
optional submittals may be required by the Village Building Inspector
if deemed necessary due to the character of the particular proposal
under consideration. Applications will not be accepted until all required
submittals have been provided to the Village Building Inspector.
(C)
Mandatory Submittals. Every applicant for a sign permit shall
submit a written application form, with supplementary attachments
on 8 1/2 by 11 paper if necessary, and a depiction of the proposed
sign.
(1)
The written application form shall contain the following information:
(a)
The name, address, and phone number of the applicant.
(b)
If the applicant is not the owner of the property on which the
sign is to be affixed or constructed, the name, address, and phone
number of the owner shall be provided.
(c)
The date of application.
(d)
Identification of the property in question by street address.
If there is no street address, the applicant must provide a description
of the location of the proposed sign in relation to surrounding streets
and properties.
(2)
A depiction showing the elevation of the proposed sign and containing
the following information:
(a)
Dimensions of the sign and dimensions of typical lettering,
representations, emblems, logos or symbols that will appear on the
sign. This shall include the height and total square footage.
(b)
The materials of which the sign is proposed to be constructed,
labeled descriptively.
(c)
The general color of the sign or unified business center sign
plan.
(d)
Structural supports or visible methods of attaching the sign,
dimensioned in feet, including the total height of the sign.
(3)
A site plan, drawn at a scale of no greater than one inch equals
30 feet indicating the exact location of the proposed sign and the
relationship to other structures and property lines or street right-of-way
lines. If the area surrounding the sign is to be landscaped, then
the number and distance between trees and shrubs, installation sizes
and species shall be provided.
(A)
Form of Conditional Use Permit. Every conditional use permit
issued within the Village shall be in writing and in recordable form
so that it may be recorded in the office of the Register of Deeds
for Kenosha County, Wisconsin, following approval and execution. Every
permit applicant and owner of the premises subject to a conditional
use permit shall be required to execute the conditional use permit
prior to recordation, which shall be at the expense of the applicant.
Any questions concerning the format of the conditional use permit
shall be referred to the Village Attorney, whose decision shall be
final.
(B)
Conditional Use Fee. Every applicant, upon seeking the issuance
of a conditional use permit, shall pay a fee in the sum of $500, which
shall include the cost of recordation of the conditional use permit,
in the event that it is granted. Should it become necessary to resubmit
an application for a conditional use permit following consideration
by the Village, a resubmittal fee in the sum of $250 shall be paid
by the applicant. All fees shall be utilized to help defray the cost
of review and administration of conditional use permitting including,
but not limited to, engineering, legal and administrative expenses.
* (NOTE: The original Comprehensive Plan and Amendments
were adopted by the Town of Somers and readopted by the Village of
Somers after incorporation of the Village of Somers).
(A)
Authorization. Pursuant to Sections 62.23(2) and (3) and § 61.35
of the Wisconsin Statutes, the Village of Somers is authorized to
prepare and adopt a comprehensive plan as defined in § 66.1001(1)(a)
and 66.1001(2) of the Wisconsin Statutes.
(B)
Public Participation. The Town Board of the Town of Somers,
Wisconsin, has adopted written procedures designed to foster public
participation in every stage of the preparation of a comprehensive
plan, as required by § 66.1001(4)(a) of the Wisconsin Statutes.
(C)
Scope of Comprehensive Plan. The Plan Commission of the Town
of Somers, by a majority vote of the entire Commission recorded in
its official minutes, had adopted a resolution recommending to the
Town Board the adoption of the document entitled "A Comprehensive
Plan for the Town of Somers", containing all of the elements specified
in § 66.1001(2) of the Wisconsin Statutes and identifying
and affecting the following neighborhoods:
(D)
Adoption of Plan. The Village Board of the Village of Somers, Wisconsin, does by the enactment of this ordinance, formally adopt the document entitled "A Comprehensive Plan for the Village of Somers", as may be amended from time to time, pursuant to § 66.1001(4)(c) of the Wisconsin Statutes, including § 18.39 and § 18.40 of these ordinances, which appear hereafter, and which are amendments to the plan by the Town of Somers Town Board.
(A)
Introduction and Background. On March 9, 2010, the Somers Town Board adopted § 18.37 of the Code of Ordinances, the multi-jurisdictional comprehensive plan for Kenosha County, as the Town comprehensive plan under § 66.1001 of the Wisconsin Statutes. That plan has been adopted by the Village of Somers. That plan is documented in a report titled A Multi-Jurisdictional Comprehensive Plan for Kenosha County: 2035. The comprehensive plan was prepared in accordance with a public participation plan adopted by the Town Board on January 26, 2010, that included activities to foster public participation in the preparation of the comprehensive plan. Under § 66.1001(4)(a) of the Wisconsin Statutes, future amendments to the comprehensive plan must also be carried out in accordance with a public participation plan, adopted by the Town Board and the Somers Village Board, designed to foster public participation in the amendment process.
(B)
Public Participation Activities for Future Amendments to the
Comprehensive Plan.
(1)
The Village will provide opportunities for public review of
materials describing all proposed amendments to the comprehensive
plan, including the following:
(2)
The Village will hold a public hearing on each proposed amendment
to the comprehensive plan. The hearing will include a presentation
describing the proposed plan amendment and provide an opportunity
for the public to comment on the proposed amendment. The Village Plan
Commission and Village Board will take public testimony provided at
the hearing and any written comments submitted to the Village into
account during their deliberations and actions on the proposed plan
amendment.
(3)
The public hearing referred to in subparagraph (2), above, will
be preceded by a Class 1 notice that is published at least 30 days
before the hearing is held. In accordance with § 66.1001(4)(d),
Wis. Stats., the notice will include the date, time and place of the
hearing; a brief summary of the proposed comprehensive plan amendment;
a local contact who may be contacted for additional information on
the proposed plan amendment and to whom written comments regarding
the plan amendment may be submitted; and information regarding where
and when the proposed plan amendment may be inspected before the hearing
and how a copy of the proposed plan amendment may be obtained.
(4)
The Village Clerk/Treasurer will provide a copy of the public
hearing notice and the proposed amendment at least 30 days prior to
the public hearing to any person who submits a written request to
receive notice of any proposed amendment under § 66.1001(4)(f),
Wis. Stats. The Village may charge a fee to cover the cost of providing
such notice. In accordance with § 66.1001(4)(e), Wis. Stats.,
the Village Clerk/Treasurer will also provide such notice to nonmetallic
mining operators within the Village; to persons who have registered
a marketable nonmetallic mineral deposit within the Village; or to
persons who own or lease property on which nonmetallic minerals may
be extracted, if such person has requested notification in writing.
(C)
Adoption of Comprehensive Plan Amendments. Any plan amendment
approved by the Village will be approved by a resolution approved
by a majority of the full membership of the Village Plan Commission,
and an ordinance adopted by a majority of the full membership of the
Village Board. Printed or electronic copies of the amendment and the
ordinance adopting the amendment will be sent to all units and agencies
of government as required under § 66.1001(4)(b), Wis. Stats.
(A)
Introduction and Background. On May 12, 2015, the Somers Town Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Town Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Town Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Town of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Town of Somers, the Town of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Town Plan Commission, by a majority vote of the full membership
of the Town Plan Commission held on the 19th day of October, 2015,
recommended to the Town Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of a parcel of
land known as Lot 3, Somers Market Place (Tax Parcel No. 82-4-222-271-0303)
from "Commercial" to "High Density Residential" on the Land Use Plan
Map adopted by the Town Board as part of the Comprehensive Plan. By
adoption of this ordinance, the Somers Town Board hereby adopts the
proposed plan amendment.
(C)
Notice. The Town Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Town Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Town Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Town Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Town of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Town of Somers, the Town of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Town Plan Commission of Amendment to Plan.
The Town Plan Commission, by a majority vote of the full membership
of the Town Plan Commission held on the 19th day of October, 2015,
recommended to the Town Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of a parcel of
land located in the SE 1/4 of § 22, Town 2 North, Range
22 East (Tax Parcel No. 82-4-222-224-0401) from "Business/Industrial
Park" to "Commercial" on the Land Use Plan Map adopted by the Town
Board as part of the Comprehensive Plan. By adoption of this ordinance,
the Somers Town Board hereby adopts the proposed plan amendment.
(C)
Notice. The Town Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Town Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Town Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Town Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Town of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Town of Somers, the Town of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Town Plan Commission of Amendment to Plan.
The Town Plan Commission, by a majority vote of the full membership
of the Town Plan Commission held on the 8th day of February, 2016,
recommended to the Town Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of a parcel of
land located in the NE 1/4 of § 7, Town 2 North, Range 22
East (Tax Parcel No. 82-4-222-071-0200) from "Farmland Protection"
and "SEC" to "Farmland Protection", "General Agricultural and Open
Land", "Rural Residential" and "SEC" on the Land Use Plan Map adopted
by the Town Board as part of the Comprehensive Plan. By adoption of
this ordinance, the Somers Town Board hereby adopts the proposed plan
amendment.
(C)
Notice. The Town Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 10th day of April, 2017,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of a parcel of
land located in the NE 1/4 of § 10, Town 2 North, Range
22 East (Tax Parcel Nos. 82-4-222-101-0304 and 82-4-222-101-0322)
from "Commercial", "Medium Density Residential", "PEC", "Non-Farmed
Wetland" and "Other Conservancy Land to be Preserved" to "Park and
Recreational", "PEC", "Non-Farmed Wetland" and "Other Conservancy
Land to be Preserved" on the Land Use Plan Map adopted by the Village
Board as part of the Comprehensive Plan. By adoption of this ordinance,
the Somers Village Board hereby adopts the proposed plan amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 12th day of June, 2017,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of a parcel of
land located in the § 6, Town 2 North, Range 22 East (Tax
Parcel No. 82-4-222-062-0105, 82-4-222-062-0271 and 82-4-222-061-0255)
from "Farmland Protection", "General Agricultural and Open Land",
"Secondary Environmental Corridor" and "Isolated Natural Resource
Area" to "Farmland Protection", "General Agricultural and Open Land",
"Suburban-Density Residential", "Secondary Environmental Corridor"
and "Isolated Resource Area" on the Land Use Plan Map adopted by the
Village Board as part of the Comprehensive Plan. By adoption of this
ordinance, the Somers Village Board hereby adopts the proposed plan
amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 10th day of July, 2017,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of a parcel of
land located in the SE 1/4 of § 15, Town 2 North, Range
22 East (Tax Parcel No. 82-4-222-154-0171) from "Office/Professional
Services", "Suburban-Density Residential", "Nonfarmed Wetland" and
"Other Conservancy Land to be Preserved" to "Industrial", "Suburban-Density
Residential", "Nonfarmed Wetland" and "Other Conservancy Land to be
Preserved" on the Land Use Plan Map adopted by the Village Board as
part of the Comprehensive Plan. By adoption of this ordinance, the
Somers Village Board hereby adopts the proposed plan amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 14th day of May, 2018,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of parcels of
land located in the NE 1/4 of § 27, Town 2 North, Range
22 East (Tax Parcel Nos. 82-4-222-271-0304 and 82-4-222-271-0305)
from "Commercial" to "High-Density Residential" on the Land Use Plan
Map adopted by the Village Board as part of the Comprehensive Plan.
By adoption of this ordinance, the Somers Village Board hereby adopts
the proposed plan amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 11th day of June, 2018,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of parcels of
land located in §§ 2, 3, 4, 5, 6, 7, 8, 9, 10, 17,
18, 19, 20, 29 and 30 of Town 2 North, Range 22 East all as is described
with more particularity on the attached Addendum "A" which is incorporated
herein by reference to be incorporated into the Land Use Plan adopted
by the Village Board as part of the Comprehensive Plan. By adoption
of this ordinance, the Somers Village Board hereby adopts the proposed
plan amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 11th day of February, 2019,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of parcels of
land located in the SE 1/4 of § 10, Town 2 North, Range
22 East (Tax Parcel Nos. 82-4-222-104-0342, 82-4-222-104-0330 and
82-4-222-104-0201) from "Commercial" and "Primary Environmental Corridor"
to "High-Density Residential", "Commercial" and "Primary Environmental
Corridor" on the Land Use Plan Map adopted by the Village Board as
part of the Comprehensive Plan. By adoption of this ordinance, the
Somers Village Board hereby adopts the proposed plan amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 7th day of October, 2019,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of parcels of
land located in the NW 1/4 of § 19, Town 2 North, Range
23 East of the Village of Somers (Tax Parcel Nos. 83-4-223-192-0580
and 83-4-223-192-0590) from "Medium-Density Residential", "High-Density
Residential" and "Primary Environmental Corridor" to "High-Density
Residential" and "Primary Environmental Corridor" on the Land Use
Plan Map adopted by the Village Board as part of the Comprehensive
Plan. By adoption of this ordinance, the Somers Village Board hereby
adopts the proposed plan amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 27th day of July, 2020,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of parcels of
land located in the SE 1/4 of SE 1/4 of § 7, Town 2, Range
23 East of the Village of Somers (Tax Parcel No. 83-4-223-074-0556)
from "Mixed Use" to "High-Density Residential" on the Land Use Plan
Map adopted by the Village Board as part of the Comprehensive Plan.
By adoption of this ordinance, the Somers Village Board hereby adopts
the proposed plan amendment.
(C)
Notice. The Village Clerk/Treasurer is hereby directed to send
a copy of this ordinance and the plan amendment to the parties listed
in § 66.1001(4)(b) of the Wisconsin Statutes.
[Added 12-14-2021 by Ord.
No. 2021-031]
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation
by Village Plan Commission of Amendment to Plan. The Village Plan
Commission, by a majority vote of the full membership of the Village
Plan Commission held on the 4th day of November, 2019, recommended
to the Village Board the adoption of an amendment to the Land Use
Plan Map to change the land use designation of parcels of land located
in part of the NW 1/4 of Section 17 and the NE 1/4 and NW 1/4 of Section
18, Town 2 North, Range 22 East (Tax Parcel Nos. 82-4-222-181-0201,
82-4-222-182-0202, 82-4-222-172-0206, 82-4-222-172-0405, 82-4-222-172-0211,
82-4-222-172-0212, 82-4-222-172-0231, 82-4-222-172-0232 and 82-4-222-172-0233)
from "Business/Industrial Park," "Secondary Environmental Corridor"
and "Other Conservancy Land to Be Preserved" to "Business/Industrial
Park," "Park and Recreational," "Secondary Environmental Corridor"
and "Other Conservancy Land to Be Preserved" on the Land Use Plan
Map adopted by the Village Board as part of the Comprehensive Plan.
By adoption of this section, the Somers Village Board hereby adopts
the proposed plan amendment.
(C)
Notice.
The Village Clerk/Treasurer is hereby directed to send a copy of this
section and the plan amendment to the parties listed in § 66.1001(4)(b)
of the Wisconsin Statutes.
[Added 12-14-2021 by Ord.
No. 2021-032]
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation
by Village Plan Commission of Amendment to Plan. The Village Plan
Commission, by a majority vote of the full membership of the Village
Plan Commission held on the 11th day of January, 2021, recommended
to the Village Board the adoption of an amendment to the Land Use
Plan Map to change the land use designation of a parcel of land located
in part of the SE 1/4 of Section 15, Town 2 North, Range 22 East (Tax
Parcel No. 82-4-222-154-0202) from "Commercial" and "Other Conservancy
Land to Be Preserved" to "Commercial," "High-Density Residential"
and "Other Conservancy Land to Be Preserved" on the Land Use Plan
Map adopted by the Village Board as part of the Comprehensive Plan.
By adoption of this section, the Somers Village Board hereby adopts
the proposed plan amendment.
(C)
Notice.
The Village Clerk/Treasurer is hereby directed to send a copy of this
section and the plan amendment to the parties listed in § 66.1001(4)(b)
of the Wisconsin Statutes.
[Added 1-11-2023 by Ord.
No. 2023-001]
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 12th day of September 2022,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of parcels of
land located in the SE 1/4 of Section 18, Town 2 North, Range 23 East
of the Village of Somers (Tax Parcel Nos. 83-4-223-184-0700, 83-4-223-184-0705,
83-4-223-184-0710, 83-4-223-184-0685, 83-4-223-184-0690 and 83-4-223-184-0695)
from "Medium Density Residential" to "Governmental and Institutional"
on the Land Use Plan Map adopted by the Village Board as part of the
Comprehensive Plan. By adoption of this section, the Somers Village
Board hereby adopts the proposed plan amendment.
[Added 3-8-2023 by Ord.
No. 2023-007]
(A)
Introduction and Background. On May 12, 2015, the Somers Village Board adopted § 18.37 of the Code of Ordinances, the Multi-Jurisdictional Comprehensive Plan for Kenosha County, as the Village Comprehensive Plan under § 66.1001 of the Wisconsin Statutes. At the same time, the Somers Village Board adopted § 18.38 of the Code of Ordinances relating to the public participation requirements for amending the Comprehensive Plan: Village of Somers. Pursuant to § 18.38(B) of the Code of Ordinances of the Village of Somers, the Village of Somers published a Class 1 public notice and held a public hearing regarding the proposed plan amendment as described hereafter.
(B)
Recommendation by Village Plan Commission of Amendment to Plan.
The Village Plan Commission, by a majority vote of the full membership
of the Village Plan Commission held on the 13th day of December 2021,
recommended to the Village Board the adoption of an amendment to the
Land Use Plan Map to change the land use designation of parcels of
land located in the NE 1/4 of Section 13, Town 2 North, Range 21 East
of the Village of Somers (Tax Parcel Nos. 82-4-221-131-0203, 82-4-221-131-0210
and 82-4-221-131-0301) from "Commercial" to "Business/Industrial Park"
on the Land Use Plan Map adopted by the Village Board as part of the
Comprehensive Plan. By adoption of this section, the Somers Village
Board hereby adopts the proposed plan amendment.
