A. 
Street layout to conform to Official Map and/or adopted plans. In any new subdivision, certified survey map, or condominium, the street layout shall conform to the arrangement, width, and location indicated on the Official Map, county jurisdictional highway system plan, county development plan, municipal Comprehensive Plan or plan component, or neighborhood unit development plan of the county or the Village of Salem Lakes.
B. 
Street layout in areas with no Official Map or adopted plans. 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, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas.
(1) 
Access to public streets required. The certified survey map or subdivision shall be designed so as to provide each lot with satisfactory access to a public street.
(2) 
Arterial streets. Arterial streets, as hereafter defined, shall be arranged so as to provide ready access to centers of employment, centers of governmental 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.
(3) 
Collector streets. Collector streets, as hereinafter defined, shall be arranged to provide ready collection of traffic from residential areas and conveyance of this traffic to the arterial street, major street, and highway system and shall be properly related to the mass transportation system, to special traffic generators, such as schools, churches, or shopping centers, business parks, and other concentrations of population or employment, and to the arterial and/or major streets to which they connect. Where neighborhoods and/or commercial activity/employment centers abut along arterial streets or highways, collector streets shall be planned to align to provide secondary interconnections between abutting neighborhoods or between abutting commercial activity/employment centers.
(4) 
Minor streets. Minor streets, as hereinafter defined, shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.
(5) 
Proposed streets. Proposed collector streets shall extend to the boundary lines of the tract being subdivided or developed as a subdivision or condominium unless prevented by topography or other physical conditions.
(6) 
Arterial street and highway protection. Whenever a proposed certified survey map or subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential properties, 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.
(7) 
Stream or lake shores. 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), Wis. Stats.
(8) 
Reserve strips. Reserve strips shall not be provided on any plat to control access to streets or alleys, except where control of such strips is placed with the Village under conditions approved by the Plan Commission.
(9) 
Alleys. Alleys may be provided in commercial and industrial areas for off-street loading and service access if required by the Plan Commission, but shall not be approved in residential districts. Dead-end alleys shall not be approved by the Plan Commission. Alleys shall not connect to a major thoroughfare.
(10) 
Street names. Street names shall not duplicate or be similar to existing street names elsewhere in the county, and existing street names shall be projected wherever possible. Street names shall conform to the system established by Kenosha County's Office of Land Information and County Surveyor, the Village of Salem Lakes or other agencies designated by the Village.
Whenever the proposed subdivision contains or is adjacent to a limited-access highway right-of-way, the design shall provide the following treatment:
A. 
Landscape bufferyard easement required. When lots within the proposed subdivision, certified survey map, or condominium back upon the right-of-way of an existing or proposed limited access arterial street or highway, a planting strip (landscape bufferyard easement) a minimum of 30 feet in depth (width), or as otherwise required by Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code, shall be provided adjacent to the highway or railroad in addition to the normal lot depth. This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat: "Landscape Bufferyard Easement: This strip is reserved for the planting of trees and shrubs; the building of structures hereon is prohibited."
B. 
Streets serving commercial and industrial properties. Commercial and industrial properties shall have provided, on each side of the limited-access highway, 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 highway or railroad, but not less than 150 feet.
C. 
Streets parallel to a limited-access highway right-of-way. Streets parallel to a limited-access highway right-of-way, when intersecting a major street and highway or collector street which crosses said highway, shall be located at a minimum distance of 250 feet from said highway right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.
D. 
Minor streets adjacent and parallel to arterial streets and highways. Minor streets immediately adjacent and parallel to arterial streets and highways shall be avoided in residential areas.
The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified by the county development or Village Comprehensive Plan, plan component, Official Map, neighborhood development study, or jurisdictional highway system plan of the county or local municipality, or, if no width is specified therein, the minimum widths shall be as shown in Table 1. Street sections are for standard arterial streets only. Cross sections for freeways, expressways, and parkways should be based upon detailed engineering studies. All public roadways shall have an urban section unless otherwise authorized by the Village Board. In addition roadway sections shall conform to the Standard Development Details and as follows:
Table 1
Minimum Dimensional Design Standards for Urban and Rural Streets and Other Public Ways
Type of Street or Other Public Way
Required Minimum Section in Urban Areas(a)
Required Minimum Section in Rural Areas(a)
Width of Dedicated Right-of-Way
(feet)
Dimensions of Section Components
(feet)
Width of Dedicated Right-of-Way
(feet)
Dimensions of Section Components
(feet)
Arterial streets (four-lane)
130
Pavement: dual 36 (between curb flanges)
Median: 21
Curb lawn(c): 10 per side
Sidewalk: 5
Sidewalk distance to ROW boundary: 1
130
Pavement: dual 24
Median: 18
Shoulders: 10 outside, 6 inside
Roadside ditch: 16 per side
Ditch slopes: 4:1
Ditch depth: 2 feet
Arterial streets (two-lane rural to suburban to urban transitional)
130
Pavement: 24 (between curb flanges)
Shoulder: 10 (paved)
(NOTE: The balance of the right-of-way is to accommodate future improvements.)
100
Pavement: 24
Shoulder: 10 of which 3 are paved and 7 are gravel
Ditch slopes: 4:1
Ditch depth: 2.5 feet
(NOTE: The balance of the right-of-way is to accommodate future improvements.)
Collector streets
80
Pavement: 36 (between curb flanges)
Curb lawn(c): 13.5 per side
Sidewalk: 5 (required on both sides)
Sidewalk distance to ROW boundary: 1
None
None
Minor streets (typical)
66
Pavement: 22 (between curb flanges)
Curb lawn(c): 13.5 per side
Sidewalk: 5 (required on 1 side)
Sidewalk distance to ROW boundary: 1
66
Pavement: 24
Shoulders: 5 per side
Ditch slopes: 4:1
Ditch depth: 2.5 feet
Minor streets (natural resource protection option)
50
Pavement: 20 (between curb flanges)
Curb lawn(c): not applicable
Sidewalk: none required
50
Pavement: 22
Shoulders: 3 per side
Roadside ditch: 9 per side
Ditch slopes: 3:1
Ditch depth: 2 feet
Minor cul-de-sac (typical and less than 750 feet in length)
66 width; 65 ROW radius
Pavement at bulb: 48 radius (at flange portion of the outer edge of cul-de-sac) and 20 (optional center island radius at flange portion of curb)
Pavement: 20 (between curb flanges)
Curb lawn(c): 14.5 per side
Sidewalk: 5 (required on 1 side)
Sidewalk distance to ROW boundary: 1
66 width; 65 ROW radius
Pavement at bulb: 45 radius (at flange portion of the outer edge of cul-de-sac) and 20 (optional center island radius)
Pavement: 22
Shoulders: 5
Ditch slopes: 4:1
Ditch depth: 2.5 feet
Minor cul-de-sac (natural resource protection option and less than 750 feet in length)
50 width; 50 ROW radius
Pavement at bulb: 40 radius (at flange portion of the outer edge of cul-de-sac) and 15 (optional center island radius at flange portion of curb)
Pavement: 20 (between curb flanges)
Curb lawn(c): not applicable
Sidewalk: not applicable
50 width; 50 ROW radius
Pavement at bulb: 35 radius (at flange portion of the outer edge of cul-de-sac) and 12 (optional center island radius at flange portion of curb)
Pavement: 22
Shoulders: 3
Ditch slopes: 3:1
Ditch depth: 2 feet
Alleys
25
Pavement: 20
Outside pavement: 2.5 per side
Not permitted
Not permitted
Bicycle/multi-use path
20(b)
Pavement: 10
Outside pavement: 5 per side
20(b)
Pavement: 10
Outside pavement: 5 per side
Pedestrianways
20(b)
Pavement: 5
Outside pavement: 7.5 per side
20(b)
Pavement: 5
Outside pavement: 7.5 per side
NOTES:
(a) See Article XV for definitions of "urban area" and "rural area."
(b) An easement may be permitted by the Plan Commission rather than a dedicated public right-of-way.
(c) "Curb lawn" is defined as that area located between curb/gutter and sidewalk.
A. 
Cul-de-sac streets.
(1) 
Length. Cul-de-sac streets designed to have one end permanently closed shall not exceed 750 feet in length.
(2) 
Adequate turnaround to be provided. Cul-de-sac streets shall terminate in a circular turnaround having a minimum right-of-way radius of 60 feet and a minimum outside curb radius of 45 feet.
B. 
Temporary street termination. Temporary termination of streets intended to be extended at a later date shall be accomplished with a temporary cul-de-sac in accordance with the standards set forth above or by the construction of a temporary "T" intersection 33 feet in width and 33 feet in length abutting the right-of-way lines of the access street on each side.
C. 
Roadway elevations. Elevations of roadways passing through floodplain areas shall be designed in the following manner:
(1) 
Freeways and arterial streets and highways shall be designed so they will not be overtopped by the 100-year recurrence interval flood.
(2) 
Collector streets shall be designed so they will not be overtopped by the fifty-year recurrence interval flood.
(3) 
Local streets shall be designed so they will not be overtopped by the twenty-five-year recurrence interval flood.
D. 
New and replacement bridges and culverts.
(1) 
All new and replacement bridges shall be constructed in accordance with all applicable state statutes and codes and shall be submitted to the Department of Natural Resources to ensure compliance therewith.
(2) 
All new and replacement bridges and culverts over perennial waterways, including pedestrian and other minor bridges, in addition to meeting other applicable requirements, shall be designed so as to accommodate the 100-year recurrence interval flood event without raising the peak stage, either upstream or downstream, more than 0.01 foot above the peak stage for the 100-year recurrence interval flood.
(a) 
Larger permissible flood stage increases may be acceptable for reaches having topographic land use conditions which could accommodate the increased stage without creating additional flood damage potential upstream or downstream of the proposed structure.
(b) 
Such bridges and culverts shall be so designed and constructed as to facilitate the passage of ice flows and other debris.
E. 
Street grades.
(1) 
Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography.
(2) 
All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 14 times the algebraic difference in the rates of grade for arterial streets and 1/2 this minimum for all other streets.
(3) 
Unless necessitated by exceptional topography subject to the approval of the Plan Commission, the maximum center-line grade of any street or public way shall not exceed the following:
(a) 
Arterial and collector streets: 6%.
(b) 
Minor streets, alleys, and frontage streets: 8%.
(c) 
Pedestrianways: 8% and meeting all applicable Americans with Disabilities Act (ADA) Accessibility Guidelines.
(4) 
The grade of any street shall in no case exceed 12% or be less than 0.60% for urban sections and 1.0% for rural sections.
(5) 
Street grades may be varied as provided for in this subsection, but in no case shall any street grade be permitted to exceed 12%.
F. 
Radii of curvature.
(1) 
When a continuous street center line deflects at any one point by more than 10, a circular curve shall be introduced having a radius curvature on said center line of not less than the following:
(a) 
Arterial streets and highways: 500 feet.
(b) 
Collector streets: 300 feet.
(c) 
Minor streets: 100 feet.
(d) 
Rural and suburban streets: may be less than 100 feet in environmentally sensitive areas as determined by the Plan Commission.
(e) 
A tangent at least 100 feet in length shall be provided between reverse curves on arterial and collector streets.
G. 
Half streets. Where an existing dedicated or platted half street is adjacent to the tract being subdivided by either a subdivision plat or certified survey map, the other half of the street shall be dedicated by the subdivider. The platting of new half streets shall not be permitted.
Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition:
A. 
Maximum number of streets converging at single intersection. The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than two.
B. 
Number and distance between intersections along arterial streets and highways. 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 1,200 feet.
C. 
Rounding of property lines at street intersections required. Property lines at street intersections may be rounded with a minimum radius of 15 feet, or of a greater radius when required by the Plan Commission, or shall be cut off by a straight line through the points of tangency of an arc having a radius of 15 feet.
D. 
Continuous alignment of minor streets required at intersections. Minor streets shall not necessarily continue across arterial or collector streets, but if the center lines of such minor streets approach the major streets from opposite sides within 250 feet of each other, measured along the center line of the arterial or collector street, then the location shall be adjusted so that the adjoinment across the major or collector street is continuous. Thus, a jog is avoided.
The widths, lengths, and shapes of blocks that are created shall be suited to the planned use of the land, zoning requirements, overall residential density, the need for convenient access, control and safety of street traffic, and the limitations and opportunities of topography. In addition:
A. 
Maximum block length. 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 Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code, exceptional topography, environmental features, request of the Plan Commission, or other limiting factors of good design.
B. 
Pedestrianways required at center of blocks over 900 feet in length. Pedestrianways (easement or dedicated public right-of-way) 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 Plan Commission to provide adequate pedestrian circulation or access to schools, parks, shopping centers, churches, or transportation facilities.
C. 
Block width. 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.
D. 
Mid-block utility easements required. Utility easements for electric power and telephone service shall, where practical, be placed on mid-block easements along rear lot lines.
The size, shape, and orientation of lots shall be appropriate for the location of the subdivision 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:
A. 
Lot lines. Lot lines shall follow municipal boundary lines rather than cross them.
B. 
Double frontage lots. 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.
C. 
Access. Every lot shall front or abut, for a distance of at least 40 feet, on a public street or private road easement.
D. 
Area and dimensional requirements of lots. Areas and dimensions of all lots shall conform to the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code for areas of the unincorporated Village of Salem Lakes. Those building sites not served by a public sanitary sewage system or other approved system shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with Ch. SPS 383, Wis. Adm. Code.
E. 
Lot depth. Excessive depth of lots in relation to width shall be avoided. 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.
F. 
Lot width. Width of lots shall conform to the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code or other applicable ordinance.
G. 
Corner lots. Corner lots shall have an extra width of 10 feet to permit adequate building setbacks from side streets.
H. 
Plats abutting a lake or stream. In any plat abutting a lake or stream, lands lying between the meander line and the water's edge and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots, or public dedications.
I. 
Land remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, or a plan shown as to future use, rather than allowed to remain as unusable parcels.
J. 
Large lots. Where lots are created of a size larger than the minimum lot size required by the underlying zoning district, the Plan Commission may require that the plat be so designed as to allow for the possible future resubdivision of such lots into lot sizes compatible with the underlying zoning district.
This section sets forth vehicular access requirements for certified survey maps, subdivision plats, and condominiums which abut arterial, collector, and minor streets. This chapter recognizes that public streets are a public investment which require control mechanisms in order to assure both public safety and functional capacity. Proposed certified survey maps, subdivision plats, and condominiums for residential and nonresidential uses shall meet the following requirements:
A. 
Access standards for all residential and nonresidential uses. All proposed certified survey maps, subdivision plats, and condominiums proposed for residential and/or nonresidential uses located in residential and/or nonresidential zoning districts shall meet the following standards:
(1) 
Controlled access to public streets. Lot and parcel vehicular access points shall be permitted only at locations in accordance with this chapter and other Village of Salem Lakes adopted plans, ordinances, or plans approved by the Plan Commission. The Plan Commission may limit vehicular access to any adjoining arterial, collector, or minor street.
(2) 
Distance between vehicular access points. The spacing of vehicular access points from arterial, collector, and minor streets to lots and parcels shall be determined as a function of arterial street and highway, collector street, and minor street operating speeds. The minimum spacing between vehicular access points along such streets or highway shall be determined according to Table 2, unless otherwise authorized by the Village Board. These spacings are based upon average vehicle acceleration and deceleration rates and are considered necessary to maintain safe traffic operation.
Table 2
Street and Highway Operating Speed and Minimum Spacing Between Direct Vehicular Access Points
Street/Highway Speed Limit
(miles per hour)
Minimum Driveway Spacing Measured at the Street Right-of-Way Line
(feet)
25
105
30
125
35
150
40
185
45
230
50
275
Source: American Planning Association, Wisconsin Department of Transportation and the Southeastern Wisconsin Regional Planning Commission (SEWRPC).
(3) 
Limitation of access to interstate, United States, and state trunk highways. No new direct vehicular access shall be allowed to interstate, United States, and state trunk highway public rights-of-way unless approved by the Wisconsin Department of Transportation, Kenosha County, and the Plan Commission.
(4) 
Temporary access.
(a) 
On Village streets, the Village Board may grant temporary access to properties and require their closure when access through adjoining properties is acquired upon recommendation by the Plan Commission. Such access shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.
(b) 
Temporary access to state highway rights-of-way is reviewed and may be approved by the Wisconsin Department of Transportation. It is the subdivider's responsibility to obtain all necessary approvals from the Wisconsin Department of Transportation for all such temporary access points proposed prior to certified survey map, subdivision plat, or condominium approval by the Village.
(5) 
Area circulation plan. The Plan Commission may require the preparation of an area circulation plan for the proposed certified survey map, subdivision plat, or condominium or covering several properties in an area surrounding a proposed certified survey map, subdivision plat, or condominium. The delineation of the area for the preparation of an area circulation plan shall be determined by the Plan Commission. Such a plan may require the sharing of access locations or temporary access. All landowners, except those with a previously approved certified survey map, subdivision plat, or condominium, shall be required to conform to such an area circulation plan once it is adopted by the Plan Commission as a component, or element, of the Village Comprehensive Plan. The Plan Commission may require that such an area circulation plan be prepared based upon the conduct of a traffic impact analysis conducted by a licensed professional engineer with expertise in traffic engineering. The Village Engineer shall review all such studies and assist the Plan Commission.
(6) 
Vehicular nonaccess reservations required. The Plan Commission may require that deed restrictions be placed on certified survey maps, subdivision plats, or condominiums in order to limit vehicular access to abutting arterial, collector, or minor streets and highways. A landscaped bufferyard of adequate opacity, determined by the Plan Commission or other Village ordinances, shall be provided in vehicular nonaccess reservations along the property line abutting a public street right-of-way. In such situations, vehicular access to such lots may be provided by an abutting minor or collector street at designated access driveways. Such vehicular nonaccess reservations shall be graphically so noted on certified survey maps, subdivision plats, or condominium plats prior to their approval by the Village.
(7) 
Arterial street and highway access and street intersections. No new direct public or private access shall be permitted to an arterial street or highway within 115 feet of the intersection of the right-of-way lines of another arterial street or highway, and, where lot or parcel size permits, no new direct public or private access shall be permitted to an arterial street or highway within 500 feet of the intersection of the right-of-way lines of another arterial street.
(8) 
Minor streets and vehicular access point alignments. Minor streets and vehicular access points along both sides of a collector and/or arterial street shall be aligned to assist in reducing the number of driveways needed and to improve safety conditions related to access to the street system.
(9) 
Sight distance and driveway placement. Direct vehicular access placement on abutting collector and arterial streets and highways shall be such that an exiting vehicle has a minimum unobstructed sight distance according to Table 3 based upon the operating design speed of the abutting collector or arterial street or highway, unless otherwise authorized by the Village Board.
Table 3
Highway Design Speed and Minimum Required Sight Distance for Direct Vehicular Access Point Placement
Highway Design Speed
(miles per hour)
Minimum Sight Distance
(feet)
Desirable Sight Distance
(feet)
30
200
200
35
225
250
40
275
325
45
325
400
50
400
475
Source: American Association of State and Highway Transportation Officials, 1984; Wisconsin Department of Transportation Facilities Development Manual; and the Southeastern Wisconsin Regional Planning Commission (SEWRPC).
B. 
Access standards for nonresidential and multiple-family residential uses. All proposed certified survey maps, subdivision plats, and condominiums proposed for nonresidential and multiple-family residential uses located in nonresidential and/or multiple-family residential zoning districts shall meet the following standards:
(1) 
Maximum number of vehicular access points per lot. Generally, along arterial streets and highways (including lots which abut the frontage roads of said rights-of-way), where the abutting street frontage is less than 350 feet, a maximum of one vehicular access point shall be permitted to a particular lot from each of any one or two abutting arterial streets and highways. One additional driveway entrance along a single continuous lot with frontage in excess of 400 feet may be permitted by the Plan Commission. When a shared vehicular access point is used by two or more abutting lots, said shared vehicular access point shall be considered as one single vehicular access point for each lot or parcel served.
(2) 
Provision of shared vehicular access points between lots. Vehicular access points planned to be located along property lines or within five feet of a property line shall be shared vehicular access points with the abutting lot or parcel. The vehicular access point center line may be the property line between two lots or parcels of land or may be a mutually agreed upon land access easement.
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 subdivision, certified survey map, or condominium is located, may be required by the Plan Commission.
A. 
Natural resource features protection/mitigation, conservation, landscape bufferyard, and utility easements required. The Plan Commission shall require natural resource features protection/mitigation, conservation, landscape bufferyard, and utility easements of widths deemed adequate for the intended purpose on each side of all rear lot lines and on side lot lines or across lots where necessary or advisable for natural resource feature protection, landscape bufferyards, electric power and communications lines, wires, conduits, storm and sanitary sewers, and gas, water, and other utility lines.
B. 
Subdivision, certified survey map, or condominium plat traversed by watercourse, drainageway channel, or stream. Where a subdivision, certified survey map, or condominium plat is traversed by a watercourse, drainageway channel, or stream, an adequate drainageway or easement shall be provided as required by the Plan Commission. The location, width, alignment, and improvement of such drainageway or easement shall be subject to the approval of the Plan Commission, and parallel streets or parkways may be required in connection therewith. Where necessary, stormwater drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow. These design details are subject to review and approval by the Village Engineer.
C. 
Minimum width required for all utility easements. All utility easements shall be a minimum of 12 feet in width or wider where recommended by the Village Engineer.
A. 
Dedication of suitable sites of adequate area for future public schools, public parks, public playgrounds, drainageways, and other public purposes. In the design of a subdivision plat, certified survey map, condominium, or multiple-family dwelling development zoned for agricultural or residential uses, due consideration shall be given to the dedication of suitable sites of adequate area for future public schools, public parks, public playgrounds, drainageways, and other public purposes.
(1) 
Provision of public park areas.
(a) 
Provision of public park areas shall be based upon the per capita standards set forth in the adopted Village of Salem Lakes Comprehensive Plan, Needs Assessment and Outdoor Recreation Plan.
(b) 
The determination of the persons per household or dwelling unit shall be based upon the average number of persons per household as reported in the most recent United States census for the Village of Salem Lakes, Wisconsin. Based upon these adopted Village Comprehensive Plan standards, the amount of land to be dedicated for public outdoor recreation lands, including public parks and playgrounds, shall be according to those rates set forth in Subsection D of this section.
(2) 
If designated on the Village Comprehensive Plan, plan component, Official Map, or component neighborhood or subarea development plan, such park areas shall be made a part of the certified survey map, subdivision plat, condominium, or multiple-family dwelling development as stipulated in § 335-11 of these regulations.
(3) 
If not so designated, consideration shall be given in the location of such sites to the preservation of scenic and historic sites, young or mature woodlands, wetlands, lakes and ponds, watercourses, watersheds, drainageways, steep slopes, and ravines.
B. 
Selection of options. The Plan Commission shall, at the time of reviewing the certified survey map, preliminary plat, condominium, or multiple-family dwelling development, recommend to the Village Board one of the following options and record such recommendation in the minutes of the meeting at which the certified survey map, preliminary plat, condominium, or multiple-family dwelling development is presented for approval. The Village Board, at the time of reviewing the certified survey map, preliminary plat, condominium, or multiple-family dwelling development, and after reviewing the recommendation of the Plan Commission, selects one of the following options and records such selection in the minutes of the meeting at which the certified survey map, preliminary plat, condominium, or multiple-family dwelling development is presented for approval:
(1) 
Dedicate to the public those open space lands designated on the Village Comprehensive Plan, or plan component;
(2) 
Where no open space lands are directly involved, pay a public outdoor recreation land site fee in conformance with § 335-58 of this chapter, the "Impact Fee Ordinance," as established pursuant to the requirements of § 66.0617, Wis. Stats., as amended.
C. 
Exemptions. Subject to the requirements and provisions of § 335-58 of this chapter, where a lot, parcel or dwelling unit for which dedication or fee in lieu of dedication has once been paid is further divided or additional dwelling units created, dedication or payment in lieu of dedication shall be required only for the additional lots, parcels, or dwelling units created. No lot or dwelling unit which is fully developed for residential purposes at the time of the creation of the subdivision, certified survey map, condominium, or multiple-family dwelling development shall be required to pay a public site fee. Lots or parcels designated as "outlots," as defined by this chapter, shall not be counted as lots or parcels for which a land dedication is required or a fee in lieu of dedication is provided. Lots or parcels designated as "outlots" may, however, be dedicated or reserved as public sites as long as their intended public use is so designated on the face of the subdivision plat, certified survey map, condominium or multiple-family dwelling development.
D. 
Dedication of site option.
(1) 
Determination of the amount of land to be dedicated. Whenever a proposed playground, park, or other public open space land designated on the Village's Comprehensive Plan, neighborhood unit development or subarea plan, or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be divided by either a certified survey map or subdivision plat or is a part of a condominium or multiple-family dwelling development, the subdivider shall have the option of either dedicating land consistent with the Village's plan or paying an impact fee in lieu of the dedication as provided in this chapter. In the event of a dedication of lands by the developer, the Village and the developer shall determine, by written agreement, whether the land dedication satisfies in all public park or land dedication requirements for parks and open spaces or whether the lands shall be subject to a further reduced park and recreation impact fee consistent with the Village's Needs Assessment.
(2) 
Maximum period of land reservation. Any such proposed lands in excess of the rate established herein shall be reserved for a period not to exceed five years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction at undeveloped land prices. If the lands in excess of the established rate are not acquired within the five-year period as set forth herein, the land will be released from reservation to the property owner.
(3) 
Stormwater detention/retention areas or basins, wetlands, shoreland wetlands, and/or floodplains not qualified for meeting land area requirements. Areas used or required for stormwater detention or retention areas or basins, wetlands, shoreland wetlands, and/or floodplains shall not qualify for meeting the land area requirements set forth herein for the dedication of suitable public outdoor recreation lands. If such sites are dedicated for public use, they shall be in addition to suitable land area that meets the land area dedication requirements set forth herein.
E. 
Suitability.
(1) 
The location and suitability of all land to be dedicated shall be subject to review and final acceptance by the Village or the municipality in which the lands are located.
(2) 
Lands unsuitable for residential development or conventional construction methods may be dedicated to fulfill required obligations only upon written approval by the Village of Salem Lakes Village Board or the appropriate municipality.
F. 
Public pedestrian access.
(1) 
Where a certified survey map, preliminary plat, condominium, or multiple-family dwelling development abuts a public use area, such as a park, lake, stream, hunting grounds, or any similar type of public recreational area, the subdivider or condominium developer, at the option of the Village of Salem Lakes and/or the appropriate municipality, shall provide a pedestrian access easement at least 20 feet wide at approved distance intervals connecting such public area with a public street.
(2) 
If it is deemed to be in the public interest by the Village of Salem Lakes or the appropriate municipality to reserve additional area for proper development of the public access thoroughfare, the subdivider or condominium developer of a certified survey map, preliminary plat, condominium, or multiple-family dwelling development shall reserve for acquisition by the Village of Salem Lakes or the municipality in which the land is located a tract of land adjacent to the thoroughfare which, in the judgment of the Village of Salem Lakes or the appropriate municipality, will adequately serve the public interest. Such tract shall be reserved for a period of five years from the date of recordation of the certified survey map, final plat, or condominium, and, if not acquired within that time, it shall be released to the owner.
(3) 
The dedication of land for public purposes, such as parkways or recreational corridors, parks, playgrounds, open space sites, rights-of-way, or easements, becomes effective at the time of approval and/or recording of the certified survey map, preliminary plat, condominium, or multiple-family dwelling development.
(4) 
On lands reserved for eventual public acquisition, no building or development is permitted during the period of reservation.
(a) 
The reservation period shall not be longer than five years, unless arranged otherwise with the subdivider.
(b) 
Land so reserved must be shown on the final plat, certified survey map, condominium or multiple-family dwelling development plans.
G. 
Minimum site preparation required of dedicated public sites.
(1) 
When public sites are dedicated as described herein, the subdivider or developer (as applicable) shall, at a minimum, be required to:
(a) 
Properly grade and contour the public site for proper drainage and for the anticipated use of the area.
(b) 
Cover areas to be seeded with a minimum of four inches of quality topsoil. Said topsoil furnished for the park site shall consist of natural loam, sandy loam, silt loam, silty clay loam, or clay loam humus-bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline.
(c) 
Provide such improvements to the public site as may be agreed upon and as set forth in the subdivider's agreement between the Village and the subdivider or developer.
(2) 
If the subdivider or developer (as applicable) fails to satisfy the requirements of this section, the Village Board may contract said completion and bill such costs to the subdivider or developer (as applicable) following written notice to the subdivider or developer (as applicable) of noncompliance. Failure of the subdivider or developer (as applicable) to pay such costs may result in the immediate withholding of all agreements for the subdivision, certified survey map, condominium, or multiple-family dwelling development until such costs are paid.
A. 
Definitions. In this section, the following terms shall have the meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the municipality can demonstrate that its legal, engineering, and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand, or improve public facilities; vehicles; or the costs of equipment to construct, expand, or improve public facilities.
DEVELOPER
A person that constructs or creates a land development.
IMPACT FEES
Cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by a municipality under this section.
LAND DEVELOPMENT
Construction or modification of improvements to real property that creates additional residential dwelling units within a municipality or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a municipality.
MUNICIPALITY
The Village of Salem Lakes.
PUBLIC FACILITIES
Highways, as defined in § 340.01(22), Wis. Stats., and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating stormwater and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds, and land for athletic fields, solid waste and recycling facilities, fire-protection facilities, law enforcement facilities, emergency medical facilities, and libraries. "Public facilities" does not include facilities owned by a school district.
SERVICE AREA
A geographic area delineated by a municipality within which there are public facilities.
SERVICE STANDARD
A certain quantity or quality of public facilities relative to a certain number of persons, parcels of land, or other appropriate measure, as specified by the municipality.
B. 
Amount of impact fees. The amount of impact fees to be collected for each residential dwelling unit created after the effective date of this section shall be in an amount as specified under Subsection F of this section.
(1) 
Determination. Impact fee amounts shall be determined from time to time and shall be based upon a detailed estimate of the capital costs of providing new public facilities or the improvement or expansion of existing public facilities which will be required because of land development, in accordance with § 66.0617, Wis. Stats. Such determination shall include an estimate of the effect of the impact fees on the availability of affordable housing within the Village. The full amount of the impact fee shall be determined based upon the number of residential dwelling units created.
(2) 
Guidelines and criteria for the impact fees imposed by this section. The impact fees imposed by this section:
(a) 
Shall bear a rational relationship to the need for new, expanded, or improved public facilities that are required to serve land development.
(b) 
May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the municipality.
(c) 
Shall be based upon actual capital costs or reasonable estimates of capital costs for new, expanded, or improved public facilities.
(d) 
Shall be reduced to compensate for other capital costs imposed by the municipality with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications or fees in lieu of land dedication under Ch. 236, Wis. Stats., or any other items of value.
(e) 
Shall be reduced to compensate for moneys received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees are imposed.
(f) 
May not include amounts necessary to address existing deficiencies in public facilities.
C. 
Payment of fees. The fees imposed by this section shall be paid in full to the Village Treasurer (or other Village Board authorized agent) at the time of the issuance of a building permit by the Village of Salem Lakes. No occupancy permit shall be issued with respect to any structure or improvement subject to the provisions of this section until all required impact fees have been paid.
D. 
Segregation of impact fees. Impact fees shall be placed in segregated, interest-bearing accounts as follows:
(1) 
Revenues from impact fees collected to be placed in segregated, interest-bearing accounts. Revenues from impact fees collected pursuant to this section shall be placed in segregated, interest-bearing accounts and shall be accounted for separately from other funds of the Village of Salem Lakes.
(2) 
Expenditure of impact fee revenues. All revenues collected and interest earned on impact fee revenues may be expended only for capital costs for which the impact fee was imposed unless the impact fee is refunded under the provisions of § 66.0617(9), Wis. Stats., as set forth under Subsection I(2) of this section.
(3) 
Disposition of prior collected funds. All funds collected and held by the Village as "park fees" which were collected prior to the enactment of this section under the provisions of § 66.0617, Wis. Stats., shall be allocated for public park use as determined by the Village of Salem Lakes Village Board.
E. 
Time limitations on the use of impact fees collected. Impact fees imposed and collected under this section but not spent for the acquisition, development, or improvement of the specified public facilities shall be refunded to the current owners of the property pursuant to the requirements set forth under the provisions of § 66.0617(9), Wis. Stats., and Subsection I of this section.
F. 
Impact fees. If a land development does not contain lands suitable for dedication and development for parks, playgrounds, or land for athletic field uses as determined by the Village Board under this chapter, as amended, or if the value of any such lands, as determined by the methodology set forth under this chapter, does not equal the cash impact fees imposed by this section, the developer or the property owner shall pay to the Village an impact fee as follows:
(1) 
Community park and neighborhood parks. For each and every residential dwelling unit created by land development, a community park and neighborhood parks impact fee in accordance with the fee schedule on file with the Village Clerk as amended from time to time.
G. 
Exemptions. Any land development for which impact fees for parks, playgrounds, or land for athletic fields have been paid prior to March 12, 2007, pursuant to the provisions and requirements of the Town of Salem Municipal Code or other Town of Salem ordinance, as said Municipal Code or other Town of Salem ordinance existed prior to March 12, 2007, shall be exempt from the impact fees imposed under this section.
H. 
Fee increases. The impact fees imposed in this section may be adjusted each year by the percentage equal to that of the rate of consumer inflation, based upon the percent of change of the yearly consumer price index for the previous year for the Chicago-Gary-Kenosha metropolitan area, as reported by the United States Department of Labor, Bureau of Labor Statistics. The Village Treasurer (or other Village Board authorized agent) shall determine such adjustment and maintain a copy of the said consumer price index upon which such adjustment was made in the office of the Village Clerk.
I. 
Administration. All fees collected and special accounts maintained under this section shall be subject to administration by the Village Treasurer.
(1) 
Report required. Commencing with the calendar year subsequent to the effective date of this section, the Village Treasurer shall report annually to the Village Board with regard to all deposits, withdrawals, and fund balances in regard to impact fees. The purpose of the annual report is to provide the Village Board with information necessary to determine that all funds collected are spent within a reasonable amount of time, pursuant to this section, for the purposes intended, and that the amount of the fees imposed continues to represent an equitable and reasonable apportionment of the cost of public facilities for land development.
(2) 
Refunds.
(a) 
Subject to Subsection I(2)(b) of this section, impact fees that are imposed and collected by the Village of Salem Lakes within seven years of the effective date of this section but are not used within eight years of the effective date of this section to pay the capital costs for which they were imposed shall be refunded by the Village Treasurer (or other Village Board authorized agent) to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection D of this section.
(b) 
The eight-year time limit for using impact fees that is specified under Subsection I(2)(a) of this section may be extended by resolution of the Village Board pursuant to § 66.0617(9), Wis. Stats.
J. 
Appeals. Any developer who disputes the amount, collection, or use of the impact fees provided for herein shall have the right to appeal to the Village Board, and the procedure for such appeal shall be as follows:
(1) 
Appeal initiation and appeal application fee. An appeal shall be initiated by filing a written notice of appeal with the Village Treasurer (or other Village Board authorized agent), accompanied by an appeal application fee in the amount as provided in Article II of Chapter 272, Fees.
(2) 
Content of the written notice of appeal. The written notice of appeal shall include the name, address, and telephone number of the developer, the legal description of the land development for which the impact fee is imposed and the appeal is requested, the number of residential dwelling units being created, the amount and nature of the impact fee imposed, and the specific objections to the amount of the impact fee, collection of the impact fee, or the use of the impact fee.
(3) 
Hearing the appeal. Upon receipt of the written notice of appeal and appeal application fee, the Village Treasurer (or other Village Board authorized agent) shall schedule a special meeting of the Village Board for the special purpose of hearing the appeal. Such special meeting shall be scheduled not more than 30 days from the date of the receipt of the written notice of appeal unless a later date for the hearing is agreed to by the developer, in writing.
(4) 
Conduct of the appeal proceedings. The developer may present such oral and documentary evidence as the developer may desire at the hearing, and the Village Plan Commission may similarly submit evidence in support of the impact fee(s). All proceedings shall be electronically recorded or taken by a court reporter, at the option of the developer. If a court reporter is requested, the developer shall pay the costs thereof.
(5) 
Village Board determination. The Village Board shall make its determination based upon the evidence presented and shall issue its decision, in writing, within 20 days of the hearing.
(6) 
Certification to the Kenosha County Circuit Court. The decision of the Village Board may be certified to the Kenosha Circuit Court as a special writ for judicial review.
A. 
Definitions. In this section, the following terms shall have the meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the municipality can demonstrate that its legal, engineering, and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand, or improve public facilities; vehicles; or the costs of equipment to construct, expand, or improve public facilities.
DEVELOPER
A person that constructs or creates a land development.
IMPACT FEES
Cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by a municipality under this section.
LAND DEVELOPMENT
Construction or modification of improvements to real property that creates additional residential dwelling units within a municipality or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a municipality.
MUNICIPALITY
The Village of Salem Lakes.
PUBLIC FACILITIES
Highways, as defined in § 340.01(22), Wis. Stats., and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating stormwater and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds, and land for athletic fields, solid waste and recycling facilities, fire-protection facilities, law enforcement facilities, emergency medical facilities, and libraries. "Public facilities" does not include facilities owned by a school district.
SERVICE AREA
A geographic area delineated by a municipality within which there are public facilities.
SERVICE STANDARD
A certain quantity or quality of public facilities relative to a certain number of persons, parcels of land, or other appropriate measure, as specified by the municipality.
B. 
Amount of impact fees. The amount of impact fees to be collected for each residential dwelling unit created or that results in nonresidential uses that create a need for new, expanded, or improved public facilities after the effective date of this section shall be in an amount as specified under Subsection F of this section.
(1) 
Determination. Impact fee amounts shall be determined from time to time and shall be based upon a detailed estimate of the capital costs of providing new public facilities or the improvement or expansion of existing public facilities which will be required because of land development, in accordance with § 66.0617, Wis. Stats. Such determination shall include an estimate of the effect of the impact fees on the availability of affordable housing within the Village. The full amount of the impact fee shall be determined based upon the number of residential dwelling units created.
(2) 
Guidelines and criteria for the impact fees imposed by this section. The impact fees imposed by this section:
(a) 
Shall bear a rational relationship to the need for new, expanded, or improved public facilities that are required to serve land development.
(b) 
May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the municipality.
(c) 
Shall be based upon actual capital costs or reasonable estimates of capital costs for new, expanded, or improved public facilities.
(d) 
Shall be reduced to compensate for other capital costs imposed by the municipality with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications or fees in lieu of land dedication under Ch. 236, Wis. Stats., or any other items of value.
(e) 
Shall be reduced to compensate for moneys received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees are imposed.
(f) 
May not include amounts necessary to address existing deficiencies in public facilities.
C. 
Payment of fees. The fees imposed by this section shall be paid in full by the developer or the property owner to the Village Treasurer (or other Village Board authorized agent) at the time of the issuance of a building permit by the Village of Salem Lakes. No occupancy permit shall be issued with respect to any structure or improvement subject to the provisions of this section until all required impact fees have been paid.
D. 
Segregation of impact fees. Impact fees shall be placed in segregated, interest-bearing accounts as follows:
(1) 
Revenues from impact fees collected to be placed in segregated, interest-bearing accounts. Revenues from impact fees collected pursuant to this section shall be placed in segregated, interest-bearing accounts and shall be accounted for separately from other funds of the Village of Salem Lakes.
(2) 
Expenditure of impact fee revenues. All revenues collected and interest earned on impact fee revenues may be expended only for capital costs for which the impact fee was imposed unless the impact fee is refunded under the provisions of § 66.0617(9), Wis. Stats., as set forth under Subsection I(2) of this section.
(3) 
Disposition of prior collected funds. All funds collected and held by the Village as "transportation system maintenance facilities fees," which were collected prior to the enactment of this section under the provisions of § 66.0617, Wis. Stats., shall be allocated for transportation system maintenance facilities use as determined by the Village of Salem Lakes Village Board.
E. 
Time limitations on the use of impact fees collected. Impact fees imposed and collected under this section but not spent for the acquisition, development, or improvement of the specified public facilities shall be refunded to the current owners of the property pursuant to the requirements set forth under the provisions of § 66.0617(9), Wis. Stats., and Subsection I of this section.
F. 
Impact fees. The developer shall pay to the Village a transportation system maintenance facilities impact fee for each one linear mile of Village of Salem Lakes serviced abutting public street and fraction thereof created by the land development (or per each one linear foot of Village of Salem Lakes serviced abutting public street and fraction thereof created by the land development) as follows:
(1) 
Land acquisition, building, and site improvement costs for transportation system maintenance facility building: in accordance with the fee scheduled on file with the Village Clerk as amended from time to time.
(2) 
Land acquisition, building, and site improvement costs for transportation system enclosed street salt (ice-control material) storage shed: in accordance with the fee scheduled on file with the Village Clerk as amended from time to time.
G. 
Exemptions. Any land development for which impact fees for transportation system maintenance facilities have been paid prior to March 12, 2007, pursuant to the provisions and requirements of the Town of Salem Municipal Code, or other Town of Salem ordinance, as said Municipal Code or other Town of Salem ordinance existed prior to March 12, 2007, shall be exempt from the impact fees imposed under this section.
H. 
Fee increases. The impact fees imposed in this section may be adjusted each year by the percentage equal to that of the rate of consumer inflation, based upon the percent of change of the yearly consumer price index for the previous year for the Chicago-Gary-Kenosha metropolitan area, as reported by the United States Department of Labor, Bureau of Labor Statistics. The Village Treasurer (or other Village Board authorized agent) shall determine such adjustment and maintain a copy of the said consumer price index upon which such adjustment was made in the office of the Village Clerk.
I. 
Administration. All fees collected and special accounts maintained under this section shall be subject to administration by the Village Treasurer.
(1) 
Report required. Commencing with the calendar year subsequent to the effective date of this section, the Village Treasurer shall report annually to the Village Board with regard to all deposits, withdrawals, and fund balances in regard to impact fees. The purpose of the annual report is to provide the Village Board with information necessary to determine that all funds collected are spent within a reasonable amount of time, pursuant to this section, for the purposes intended, and that the amount of the fees imposed continues to represent an equitable and reasonable apportionment of the cost of public facilities for land development.
(2) 
Refunds.
(a) 
Subject to Subsection I(2)(b) of this section, impact fees that are imposed and collected by the Village of Salem Lakes within seven years of the effective date of this section but are not used within eight years of the effective date of this section to pay the capital costs for which they were imposed shall be refunded by the Village Treasurer (or other Village Board authorized agent) to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection D of this section.
(b) 
The eight-year time limit for using impact fees that is specified under Subsection I(2)(a) of this section may be extended by resolution of the Village Board pursuant to § 66.0617(9), Wis. Stats.
J. 
Appeals. Any developer who disputes the amount, collection, or use of the impact fees provided for herein shall have the right to appeal to the Village Board, and the procedure for such appeal shall be as follows:
(1) 
Appeal initiation and appeal application fee. An appeal shall be initiated by filing a written notice of appeal with the Village Treasurer (or other Village Board authorized agent), accompanied by an appeal application fee in the amount as provided in Article II of Chapter 272, Fees.
(2) 
Content of the written notice of appeal. The written notice of appeal shall include the name, address, and telephone number of the developer, the legal description of the land development for which the impact fee is imposed and the appeal is requested, the number of residential dwelling units being created, the amount and nature of the impact fee imposed, and the specific objections to the amount of the impact fee, collection of the impact fee, or the use of the impact fee.
(3) 
Hearing the appeal. Upon receipt of the written notice of appeal and appeal application fee, the Village Treasurer (or other Village Board authorized agent) shall schedule a special meeting of the Village Board for the special purpose of hearing the appeal. Such special meeting shall be scheduled not more than 30 days from the date of the receipt of the written notice of appeal unless a later date for the hearing is agreed to by the developer, in writing.
(4) 
Conduct of the appeal proceedings. The developer may present such oral and documentary evidence as the developer may desire at the hearing, and the Village Plan Commission may similarly submit evidence in support of the impact fee(s). All proceedings shall be electronically recorded or taken by a court reporter, at the option of the developer. If a court reporter is requested, the developer shall pay the costs thereof.
(5) 
Village Board determination. The Village Board shall make its determination based upon the evidence presented and shall issue its decision, in writing, within 20 days of the hearing.
(6) 
Certification to the Kenosha County Circuit Court. The decision of the Village Board may be certified to the Kenosha Circuit Court as a special writ for judicial review.