A.
Purpose. This section is adopted in order to protect property owners
from possible damage due to change in the existing grade or runoff
from adjoining lands and to aid in preserving and protecting the natural
resources, natural beauty, and the character of the landscape.
B.
Compliance. All land altering or land development activity shall comply with this section, § 300-6, regarding zoning use permits, and other zoning requirements in this code, and any applicable permit requirements under applicable Waukesha County ordinances.
C.
Applicable laws. No land development or land altering activity shall
occur that would violate requirements of applicable federal, State
of Wisconsin, Waukesha County or local municipal codes, statutes,
ordinances, regulations, rules and lawful orders.
D.
General requirements. Any land altering or land development activity
regulated under this code shall comply with the following minimum
requirements and the technical standards:
(1)
Site drainage. Minimize adverse impacts from site drainage, including other property, the general public or natural resources, in accordance with § 300-15 of this code.
(2)
Construction site erosion control. Control soil erosion and off-site
sedimentation during construction activities until final grading is
complete and vegetation is established.
(3)
Site stabilization. All disturbed areas shall be stabilized within
seven days of final grading. Any disturbed area that remains inactive
for greater than seven days shall be stabilized with temporary soil
stabilization measures.
(4)
Environmental corridors. Environmental corridors shall not be disturbed
unless a building envelope is designated and unless otherwise permitted
by this code or other official actions by the Village of Vernon. Disturbance
of slopes 12% or greater within an environmental corridor shall be
prohibited unless no practicable alternative exists.
(5)
Slopes. Proposed activity shall fit the natural terrain of the site, minimizing grade changes, steep slopes, and impact on the surrounding landscape to the extent practicable. Slopes steeper than two horizontal to one vertical must be approved in accordance with § 300-17F below and may require additional soil reinforcement or other slope stabilization measures than required under applicable technical standards.
(6)
Pond design. All ponds shall comply with applicable technical design
standards published by the WDNR, the USDA-Natural Resources Conservation
Service, and Waukesha County, including but not limited to soil investigations,
safety shelf, berm design, compaction specifications, inlet/outlet
design and erosion control.
(7)
Earthen berm design. Any earthen berm constructed for nonstormwater
management purposes shall have variable top elevations, and include
a diversity of landscape plantings to improve aesthetics, if practicable.
(8)
Retaining walls. All retaining walls shall be installed according
to manufacturer's recommendations and shall include provisions
for adequate soil drainage behind the wall, such as stone aggregate,
weep holes and tile drains. Any plan designs for a retaining wall
proposed to be greater than four feet in height from the finished
grade must be designed and stamped by an architect, landscape architect,
or professional engineer licensed by the State of Wisconsin and shall
be subject to approval by the Village Zoning Administrator and approved
prior to construction.
(9)
Individual grading plan.
(a)
An individual grading plan shall be required for all land altering
(or land development) activity prior to the issuance of a building
permit. The same shall be submitted to, and subject to the approval
of, the Village Building Inspector and/or Village Engineer. In some
instances, such as land altering (or land development) activity that
requires a stormwater management and erosion control permit, the same
may be subject to the approval of Waukesha County. An individual grading
plan shall contain components that depict site drainage patterns,
stormwater management and erosion control measures; elevations for
roads and lots; building floor elevations that are subject to grade
restrictions; drainage and utility easements, setbacks, location of
natural areas, including environmental corridors, wetlands, and floodplains,
and other information deemed appropriate by the approving authorities.
(b)
Upon completion of the project, but prior to occupancy, a grade
recertification of the individual grading plan (also known as an "as-built
survey") to verify the compliance with the original grading plan shall
be submitted to, and subject to the approval of, the Village Building
Inspector and/or Village Engineer prior to the issuance of an occupancy
permit. Upon showing of valid cause by the applicant, the Village
Building Inspector may authorize the issuance of an occupancy permit,
but not the release of any project bonds with a condition that the
grade recertification as required above shall be completed within
four months by the applicant. Failure of the applicant to provide
the same within four months shall result in the automatic forfeiture
of all project bonds through the Village of Vernon. The Village Building
Inspector shall contract for the grade recertification as required
above and any costs for the same shall be charged as a special charge
against the subject property.
E.
Prohibited activities. The following land altering or land development
activities are prohibited.
(1)
Those that may have significant adverse impacts on the owner, adjoining
properties, the general public or natural resources, as determined
by the Village Zoning Administrator.
(2)
Construction or replacement of any retaining wall greater than six
feet in height at any point above finished grade.
(3)
Construction or replacement of any retaining wall greater than four
feet in height at any point above finished grade within 50 feet of
a floodplain or wetland boundary at any point. Averaging of the fifty-foot
setback in this provision is prohibited.
F.
Applicability for zoning use approvals. Any proposed land altering or land development activity that meets one of the following criteria shall require Village of Vernon approval in accordance with the procedures and requirements in § 300-17G through I below. This zoning use approval is in addition to a county stormwater permit and other requirements that may apply.
(1)
Retaining wall. Construction of a retaining wall greater than four
feet in height at any point above finished grade; or a series of retaining
walls greater than six feet in total height at any point above finished
grade with less than four feet between each wall; or any retaining
wall greater than four feet which is proposed to be located five feet
or less from a property boundary. If the Village Zoning Administrator
determines that a proposed retaining wall is replacing an existing
retaining wall less than four feet in height and of otherwise equal
dimensions, location and setback, the activity shall be exempt from
this section.
(2)
Grade changes.
(a)
Increasing or decreasing existing ground surface elevation greater
than four feet at any point where the top or bottom of the proposed
slope is within 10 feet of any existing property boundary or within
50 feet of an environmental corridor; or
(b)
Increasing or decreasing existing ground surface elevation steeper
than two horizontal to one vertical or a total elevation change of
six feet or greater at any point; or
(c)
Bringing in fill material to a site, removing excavated material
from a site, or disturbing material on a site in quantities greater
than 1,000 cubic yards, as determined by the Village Zoning Administrator,
unless otherwise approved through an individual grading plan.
(3)
Ponds. Construction of any pond with a proposed water surface area
of 20,000 square feet or greater or water surface within 50 feet of
a property line, environmental corridor, wetland or floodplain at
any point shall require a zoning use permit.
(4)
Exempt from this section. The following shall be exempt from this
section, but shall require a county stormwater permit:
(a)
Any wetland enhancement, restoration or development project
approved by the WDNR and the top or bottom of a proposed slope is
15 feet or greater from the nearest existing property boundary at
any point; and
(b)
Any stormwater management practice permitted under the Waukesha
County's Stormwater Ordinance if the top or bottom of the proposed
slope is located 15 feet or greater from the nearest existing property
boundary or environmental corridor at any point. However, if a proposed
berm for a stormwater management practice is greater than four feet
in height at any point, the applicant may be required to complete
additional engineering review or meet more restrictive berm design
requirements, depending on the Waukesha County's determination
of risk for downstream damages.
G.
Application. All applications and associated fees submitted for approval under § 300-17F above shall include an individual grading plan prepared and stamped by an architect, landscape architect, or professional engineer licensed by the State of Wisconsin. The individual grading plan shall be of adequate scale, accuracy and clarity, as determined by the Village Zoning Administrator (survey preferred), and shall include all applicable items listed below:
(1)
Plan view and cross sections of existing and proposed grades on the
subject property, including top and bottom elevations of proposed
retaining walls;
(2)
Existing grade of any adjacent property that is, at any point, closer
than 20 feet to any portion of the proposed land altering activity,
showing how the proposed grades will tie into the existing adjacent
property grades;
(3)
Proposed cut and fill slopes, total depths and slope ratios (horizontal
and vertical);
(4)
Proposed volume of excavation and fill material involved in cubic
yards, including the source and content of any proposed fill;
(5)
Proposed boundaries of the land disturbance, planned pond water surface
area, and the square footage of each area;
(6)
Location of natural areas, such as environmental corridors, floodplains,
or wetlands;
(7)
Proposed soil stockpile locations, length of time they will exist
and methods of stabilization or sediment control;
(8)
Proposed temporary erosion and sediment control practices, such as
silt fence, mulch, soil treatment and temporary seeding;
(9)
Proposed permanent vegetation plan, including topsoil application
depth, seed mixes, amounts, application methods, timing, and stabilization
methods such as mulch, soil treatment, and matting; and
H.
Procedures for approval.
(1)
Upon submission of a complete application to the Village of Vernon
Village Clerk, the Village of Vernon will consider the request as
described herein.
(2)
The Village of Vernon shall provide written notice of the Village
Plan Commission meeting to owners of land within 500 feet of the subject
property, by regular mail that is mailed at least 10 days prior to
the Village Plan Commission meeting..
(3)
All property owners notified shall have the opportunity to comment
on the proposed request during the scheduled Village of Vernon Plan
Commission meetings.
I.
Zoning use review criteria. When determining whether to authorize any land altering or land development activity under § 300-17F above, the Village of Vernon shall consider all of the items listed below, and ensure compliance with the general requirements under § 300-17D above. The Village of Vernon may make a referral to the Waukesha County for a determination of necessity for a county stormwater permit.
(1)
The aesthetic impact.
(2)
The potential for adverse drainage.
(3)
The potential impact upon neighboring properties.
(4)
The potential impact upon environmentally sensitive areas.
(5)
The potential impact upon existing lakes and streams.
(6)
The potential impact on roadways and other infrastructure.
(7)
Public safety.
(8)
The length, height, design and location of any retaining walls or
earthen berms.
(9)
If a retaining wall is needed to stabilize the grade or control soil
erosion based on existing topography.
(10)
How the proposed activity fits with the individual grading plan,
if applicable.
(11)
Proposed landscaping and screening.
(12)
The materials used and source for fill, landscaping, and retaining
walls.
(13)
The total area of land disturbance.
(14)
Proposed pond size, use, location, design, landscaping, and
water source.
A.
Every building erected, structurally altered, or relocated shall
be at a grade approved by the Village Building Inspector and/or Village
Engineer as being in satisfactory relationship with the established
street grades, or with the existing street grade where one is established,
with particular consideration including, but not limited to, proper
drainage, safe vehicular access, highest groundwater table, and adjacent
property elevations.
B.
Vertical locations. No building intended for human habitation shall be located so that the bottom of the lowest floor, including any basement floor, is less than one foot above the highest groundwater table, unless in compliance with § 300-19A(1).
A.
Adequate drainage required. In no case may a principal building be
located in an area zoned Conservancy or in an area considered to be
one of the eight types of wetlands (Type 1 through 8) as described
in Circular 39 of the Fish and Wildlife Service, United States Department
of the Interior, published in 1956 and which are on record on the
1975 aerial maps of the Southeastern Wisconsin Regional Plan Commission.
No principal building shall be erected, or relocated, and no below-grade
structures shall be expanded on newly created or existing lots that
are not in compliance with the site drainage standards contained in
the Waukesha County Storm Water Management and Erosion Control Ordinance,
including all county technical procedures and forms used to enforce
these standards [Chapter 14-342(c)]. The lowest floor, including the
bottom of the basement floor or top of footings, shall not be less
than one foot above the highest seasonal groundwater level. For the
purposes of this section, the "highest groundwater level" is defined
as the upper limit of the zone of soil saturation caused by underlying
groundwater at its highest level. Where groundwater limitations exist,
subdivision plats and certified survey maps shall state the lowest
allowed floor elevation for any proposed principal structure as needed
to ensure compliance with the above noted site drainage standards.
All basement elevations must comply with the subdivision plat or certified
survey map master grading plan or with the master grading plan referenced
on the subdivision plat or certified survey map. The Village Building
Inspector and/or Village Engineer may request at the owner's
expense the advice and assistance of a licensed professional engineer
specializing in soils engineering or other qualified person in fulfilling
their duties pursuant to this provision. Building, drainage, grading
or other similar plans may be required to determine compliance with
this section. The Village accepts no liability for construction activities
involving groundwater limitations and property owners are solely responsible
for protecting their interests in this regard.
(1)
The zoning use permit and building permit issued for the erection,
structural alteration or relocation of a principal building shall
state specific design, engineering and construction requirements,
as a condition of the permit, notwithstanding applicable construction
codes, which must be incorporated within the improvement to be done
on and in soil which has such conditions necessitating additional
protection of the building, basement, foundation, occupants and personal
property. Such provisions shall comply with Waukesha County Land Resources
Division's basement protection standards.
(2)
Subdivision plats and certified survey maps shall state, on their
face, whether protection measures, pursuant to the above, are likely
to be required as a condition of a zoning use and building permit.
The Village Plan Commission or Village Board may cause such notice
to be affixed to the face of the document.
(3)
In the event a dispute arises as to the necessity for or the adequacy
of the protection measures set forth above, the matter shall be reviewed
by the Vernon Board of Appeals, upon recommendation of the Village
Engineer pursuant to the appeal provisions of this code.
B.
Obstruction to drainage prohibited. The damming, filling or relocating
of any surface water drainage swale, channel, or natural watercourse
shall not be permitted except with approval of the Village Board,
the State Department of Natural Resources, and the United States Army
Corps of Engineers, when applicable.
A.
Safe sewage disposal possible. No principal building shall be erected,
structurally altered or relocated unless it conforms to all Village
ordinances and other governmental laws or regulations then applicable
to sewage disposal systems, and that satisfactory evidence has been
submitted to show that suitable provisions for disposal of sewage
is possible. A county sanitary system permit shall be required for
all new private systems. Certification from Waukesha County Environmental
Health verifying the soil's suitability to meet standards shall
be furnished when a specific system is being proposed.
B.
Water supply required. No occupancy permit shall be issued for any
building unless provisions are made for a safe and adequate supply
of water in or within 300 feet of said building or connection is to
be made to an approved municipal or community water system.
Any plans for site alterations which disturb the natural cover
vegetation must include provision for adequate protection to adjacent
properties from sedimentation. Disturbed areas must be seeded or vegetated
within one year of commencement of construction.
A.
Approval required. All persons, firms or associations seeking to use property for any purpose other than agricultural and single-family residential, whether by zoning permit or conditional use or any other way, shall file an application including a site plan and plan of operation per § 300-6F with the Village Clerk. No person, firm or association shall use any property for commercial or industrial purposes without obtaining the prior permission of the Village Board, upon receipt of a recommendation from the Plan Commission. Such use shall strictly conform to the Village Board approval.
B.
Minimum standards. The Plan Commission and Village Board shall review the application and site plan and plan of operation, and approve, conditionally approve or deny the application based upon the following minimum standards. Specific conditional uses listed in § 300-22B may include additional standards. The more restrictive standard shall apply in the case of any conflict:
(1)
Buildings and structures.
(a)
Primary buildings and structures shall be designed by an architect
or engineer. No side, elevation or facade of a building or structure
is exempt from public view. Consequently, all sides, elevations, or
facades of all buildings and structures shall be visually pleasing
and architecturally and aesthetically compatible with structures on
contiguous parcels. Building materials will be selected for their
ability to present a visual statement of a building structure's
strength, attractiveness and permanence. The building materials used
shall be harmonious with the natural environment and with the general
character of other buildings and structures in the area. The majority
of the exterior wall area on all building sides shall be constructed
of the following types of high-quality finished materials:
[1]
Architectural panels: finished metal, precast concrete,
wood, and other materials approved as part of the site plan and plan
of operation approval.
[2]
Brick.
[3]
Cut stone.
[4]
Decorative concrete block.
[5]
Exterior insulation and finish systems such as
Dryvit.
[6]
Finished wood siding.
[7]
Glass, glazing, and windows.
[8]
Other building materials developed by the construction
industry to be reviewed on a case-by-case basis.
(b)
Accessory buildings and structures shall be reviewed in the
same manner as principal buildings and structures, however, only building
elevations facing and visible from a street shall require the majority
of the exterior wall area to be constructed of the finished materials
listed above.
(c)
Material changes shall not occur at exterior building corners.
Any material changes shall generally occur at interior corners or
be delineated by transitional details including vertical elements
such as a change in plane, or horizontal elements such as belt courses
or sills.
(d)
High quality finish materials shall be used to create visual
interest and accentuate the base of buildings, building entrances,
and prominent facades and architectural features.
(e)
Commercial and industrial buildings must have cement footings
and frost-free wall foundations.
(2)
Parking. All parking shall be constructed in accordance with
applicable zoning ordinance requirements. Overnight parking of campers,
mobile homes, boats, trailers and similar vehicles is prohibited unless
approval is obtained as part of the site plan and plan of operation
approval. Overnight parking of trucks and service vehicles shall be
behind landscape screening or fencing so as not to be visible from
the roadway unless approved as part of the site plan and plan of operation.
The site plan and plan of operation must include numbers and particular
types of vehicles to be parked on-site. No parking will be allowed
within 20 feet of any property line.
(3)
Impermeable surface. No site plan shall have more than 65% of
impermeable surface including buildings, pavement or other covering
material which is impervious to surface water absorption.
(4)
Utilities. All utilities, including all electrical and telephone
connections and other installations of wires, shall be underground
from the nearest available source. No transformer, electric, gas or
other meter of any type or other apparatus shall be located on any
power pole. All transformers and meters shall be placed and located
in compliance with utility company regulations and shall be adequately
screened or fenced; all such installations shall be included in and
approved as a part of the application and site plan approval.
(5)
Loading docks. All outside loading docks and overhead door must
be screened from view from the street and adjacent residential use
by the building, berm, landscaping and/or fencing as approved as part
of the site plan and plan of operation approval and in accordance
with the applicable zoning ordinance regulations.
(6)
Storage. No articles, goods, materials, finished or semifinished products, incinerators, storage tanks, or like equipment shall be kept outdoors or exposed to public view, or to view from adjacent properties unless approved as an exception per § 300-21.1C. In the event that such approval is granted, such material shall be screened from view per § 300-21.1B(14), and under no circumstances shall such storage occur within 40 feet of any street.
(7)
Garbage and refuse containers. Garbage and refuse containers shall be screened from the street and neighboring properties per § 300-21.1B(14). The proposed location of all storage and all garbage containers shall be shown on the application and site plan submitted for approval.
(8)
Fuels or chemicals. No fuels or chemicals shall be stored in
the ground or above the ground unless such storage complies with all
applicable federal, state and local laws and regulations.
(9)
Temporary structures. No temporary structures or trailers are
to be permitted without prior approval of the Village Board, including
those belonging to construction companies during periods of construction.
(10)
Secondary structures. No water tower, storage tank, processing
equipment, solar collector, telecommunication equipment, cooling tower,
appurtenances such as air-conditioning units or water-cooling units
or other auxiliary structure or outside equipment shall be constructed,
erected or placed without site plan and plan of operation approval.
(11)
Parking areas. All parking surfaces, roadways, driveways and
loading areas shall be paved with a bituminous or concrete surface
within six months after occupancy of the site, unless extended as
part of the site plan and plan of operation approval.
(12)
Driveways and loading areas. Driveways and loading areas shall
be large enough to accommodate all vehicles maneuvering on the site.
(13)
Fencing. No fencing should be established on any site except
as part of site plan and plan of operation approval.
(14)
Landscaping. The property shall include decorative landscape
elements to enhance the site, building and parking lot edges, and
screen unsightly uses from public view. A mix of deciduous and evergreen
trees and shrubs should be used across the developed site for variety
and to ensure that green landscaping remains in the winter months.
(a)
Landscape point system. The minimum required landscaping for
a site shall be based on a point system as follows:
[1]
Landscaping shall be distributed throughout the
site including street frontages, parking lots, district boundaries,
building foundations, service area boundaries, and the general site.
[2]
Preservation of existing trees is encouraged and
shall count as 1.5 times the normal required point value, provided
they otherwise satisfy landscaping location requirements.
[3]
Point calculations shall be rounded up to the nearest
whole number and fractional distances and areas shall be prorated.
[4]
Landscaping that satisfies more than one locational
requirement, excluding general site landscaping, may be counted for
each.
[5]
Points are calculated as follows:
|
Type
|
Points
|
Min Size at Planting
|
|---|---|---|
|
Deciduous canopy tree (mature height of 30+ feet)
|
20
|
2 inches caliper
|
|
Ornamental tree
|
10
|
1.5 inches caliper
|
|
Evergreen tree
|
10
|
3 feet tall
|
|
Shrub, deciduous
|
2
|
18 inches or 3 gallon container
|
|
Shrub, evergreen
|
2
|
18 inches or 3 gallon container
|
|
Ornamental grass
|
1
|
18 inches or 3 gallon container
|
|
Decorative walls or fencing
|
4 per 10 lineal ft
|
N/A
|
[6]
Additional landscaping beyond what is required
by the point system may be required as determined by the Village Plan
Commission and Village Board to ensure proper buffers, screening,
and aesthetic quality.
(b)
Street frontage landscaping.
[1]
Landscaping shall be provided along the edge of
the site within the required building and parking lot setback areas
along adjacent streets to enhance the view from public rights-of-way
and define the street edge.
[2]
For each 100 lineal feet of developed lot frontage,
a minimum of 40 points of landscaping are required within 30 feet
of the right-of-way.
[3]
Street frontage landscaping may be reduced to 50%
of the normal requirement in order to maintain visibility of commercial
buildings and signage, provided the landscaping is added to other
locations on the site at the discretion of the Village Plan Commission
and Village Board.
(c)
District boundary landscaping.
[1]
Screening and landscaping shall be provided along
the rear and side property lines where the site abuts an existing
or planned less intensive use or zoning district, determined by the
Village Plan Commission and Village Board.
[2]
For each 100 lineal feet of property edge, a minimum
of 50 points of landscaping are required within 30 feet of the property
line.
[3]
Evergreen landscaping shall comprise at least 50%
of the total required points.
[4]
Earthen berms in conjunction with landscape vegetation,
with no greater than a four-to-one slope and a minimum height of three
feet may be counted toward meeting the minimum landscape requirements
at a rate of 10 points per 100 lineal feet.
[5]
Parking areas adjacent to residential uses on neighboring
properties may require buffering with opaque decorative walls or fencing
at the discretion of the Village Plan Commission, and Village Board
to minimize impacts from noise and headlights.
(d)
Parking lot landscaping.
[1]
Landscaping shall be provided within and surrounding
parking lots with 10 or more vehicle parking spaces to soften and
interrupt large, paved areas.
[2]
For every 10 vehicle parking spaces (or fraction
thereof), a minimum of 30 points of landscaping are required within
internal parking lot islands or within 15 feet of the lot perimeter.
[3]
Shrubs, ground cover, or ornamental grasses used
within internal parking lot islands adjacent to drive lanes shall
be limited to a height of two feet in order to maintain driver visibility.
(e)
Building foundation landscaping.
[1]
Landscaping shall be provided along the foundation
to accent and define building foundations and accentuate building
entrances.
[2]
For each 100 lineal feet of building foundation
viewable from publicly accessible areas, a minimum of 40 points of
landscaping are required within 15 feet of the foundation. Portions
of building foundations directly adjacent to paths or other paved
areas shall be excluded from the calculation.
[3]
Building foundation plantings shall be located
in a mulched planting bed and primarily consist of shrubs and ornamental
grasses. Properly scaled ornamental trees, not to exceed 50% of the
total landscape points, may also be used.
(f)
General site landscaping.
[1]
Landscaping shall be used throughout the open space
on the site to enhance natural areas, green space, stormwater management
areas, plazas and major entrances and should be grouped to create
significant features.
[2]
For each 10,000 square feet of developed area for
the total site, a minimum of five points of landscaping are required
for general landscaping to be used throughout the site. The developed
area shall be the portion of the site that is not left in an undisturbed
natural state.
(g)
Service area (refuse/loading/mechanical) screening. Service
and loading areas, building mechanicals, and refuse/recycling containers
shall be screened with opaque evergreen landscaping and/or decorative
fencing, walls or enclosures when not otherwise hidden from public
view.
(h)
Maintenance.
[1]
Landscaping shall be maintained in a healthy condition
with a neat and orderly appearance and shall be kept free of refuse,
weeds, and debris. Plants shall be replaced as necessary within one
growing season to maintain the minimum required landscaping standards.
[2]
Mulch within planting beds shall be replenished
as necessary to maintain a neat, weed-free appearance.
C.
Exceptions. The Village Board, upon receipt of a recommendation from the Plan Commission, may grant an exception from the requirements of § 300-21.1 for a special or unique situation, where the applicant demonstrates to the satisfaction of the Plan Commission and Village Board that the exception requested will not negatively impact the surrounding properties or the community based on the design and layout of the site and/or structures. Granting of an exception does not require demonstration of an unnecessary hardship.
