Village of Johnson Creek, WI Required Improvements

Buffer areas 25 feet wide will be established and maintained between all lots and delineated wetlands. Native prairie grasses will be established in these buffer areas to maximize filtration of runoff.

Mowing in buffer areas, pond banks and level spreaders will be minimized to maximize filtration of runoff. If occasional mowing is necessary, the mowing height will be no shorter than six inches.

Applications of fertilizers, herbicides, pesticides or other chemical applications are prohibited in buffer areas, on pond banks or within level spreaders.

Nonfiltering areas including, but not limited to, the exterior (outer) pond banks and the upper interior rim of the pond as well as transition areas between the pond and the street curb and gutter is to be maintained in lawn grass and mowed to a height similar to the lawns of surrounding residential properties, and shall not exceed eight inches in height.

Inspections.

[Added 8-22-2005 by Ord. No. 16-05]

Each subdivision shall assume responsibility to inspect its storm water drainage facilities, at least semiannually in early spring and early autumn.

Additional inspections are required for the following:

The outlet pipes from the ponds shall be checked monthly, or at a two-inch rainfall, to ensure there is no blockage from floating debris or ice. Any blockage must be removed immediately.

The water quality fore bays and permanent pools are required to be cleaned once every 10 years. At the time of cleaning, the ponds shall meet the original plan grades.

Repairs will be made whenever the performance of a stormwater control structure is compromised. Any areas disturbed due to inspection and/or repairs shall be top soiled, seeded, and stabilized with erosion mats.

Infiltration trenches will be cleaned out at least biannually to insure proper operation.

Each subdivision shall be responsible for preparing, completing and submitting an annual report of its inspection, cleaning and remediation activities to the Village Clerk by February 14 for the preceding calendar year.

The subdivider, the homeowners’ association, or, in default, the individual lot owners shall have a continuing obligation to perform inspections and maintenance of the stormwater system as set forth in this section. In the event the landowner, the homeowners’ association, or the lot owners fail to inspect and maintain all components of the stormwater system as required and in the further event that the Village then provides such inspection and maintenance services, all costs and expenses associated with any inspection and maintenance activities undertaken by the Village shall be deemed a special charge against the properties served by the stormwater drainage facilities and shall be assessed against the owners of the platted lots in the subdivision as a special lien on real estate taxes, such assessment being undertaken in accordance with the provisions of § 66.0627, Wis. Stats. Each single-family lot shall be charged a proportionate share of all costs. Said charge shall be a lien on the property and shall be collected with the real estate taxes.

[Added 8-22-2005 by Ord. No. 16-05]

§ 245-73 Water supply facilities.

When public water supply and distribution facilities are available to the subdivision plat, the subdivider shall cause such water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot within the subdivision. The subdivider shall make provision for adequate private water systems as required by the Village of Johnson Creek in accordance with the standards of the Wisconsin Department of Natural Resources and Wisconsin Department of Health and Family Services. In addition:

All subdivisions within the water supply service area of the Village of Johnson Creek shall be provided with public water supply and distribution facilities or community well facilities.

The subdivider shall install water laterals to the street lot lines for all lots.

The size, type, and installation of all public or private water mains proposed to be constructed shall be in accordance with plans and standard specifications approved by the Village Board.

The subdivider shall assume the cost of installing all water mains, water laterals, and water system appurtenances within the proposed subdivision except for the added cost of installing water mains greater than eight inches in diameter. The added cost of water mains greater than eight inches in diameter shall be borne by the Village of Johnson Creek Water Utility.

§ 245-74 Other utilities.

The subdivider shall cause gas, electrical power, cable television, and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision. No such electrical, telephone, or cable television service shall be located on overhead poles. In addition, plans indicating the proposed location of all such utilities shall be approved by the Village Engineer.

All new electric or communication lines from which lots are individually served shall be installed underground within all newly platted subdivisions unless the Village of Johnson Creek Plan Commission shall find that the lots to be served by said facilities can be served directly from existing overhead facilities. Associated equipment and facilities which are pertinent to underground electric and communications systems, including but not limited to substations, pad-mounted transformers, pad-mounted sectionalizing switches and pedestal-mounted terminal boxes, may be located above ground. Any landscape screening plan required for such aboveground equipment shall be submitted to the affected utilities for approval.

§ 245-75 Streetlamps.

[Amended 7-8-2003 by Ord. No. 20-03]

The subdivider shall install streetlamps of a design approved by the Village Engineer at each subdivision street which intersects an arterial or collector or as may be required by the Village Board.

§ 245-76 Street signs.

The subdivider shall, at the developer's cost, install street signs of a design approved by the Village of Johnson Creek at the intersection of all streets proposed to be dedicated.

§ 245-77 Street trees.

[Amended 7-8-2003 by Ord. No. 20-03; 12-22-2003 by Ord. No. 37-03; 2-27-2006 by Ord. No. 02-06; 8-13-2007 by Ord. No. 11-07; 9-14-2009 by Ord. No. 10-09]

Intent and purpose. This section provides full power and authority over all trees, plants, and shrubs located within street or alley rights-of-ways, parks, and public places of the Village.

Care and maintenance of trees.

Appointment. The Director of Public Works (DPW) or as designated by the Improvements and Services Committee, shall be charged with the care and maintenance of all trees.

Qualifications. The DPW or designee must receive a minimum of 40 hours arboricultural training within one year and must receive a minimum of three hours of continuing arboricultural education/training every year thereafter.

Powers and duties. The DPW shall have the power/duty to:

Set rules and regulations or arboricultural standards governing the protection, maintenance, removal and planting of trees or shrubs upon any street or alley right-of-way, parks or public places within the Village, as approved by the Improvements and Services Committee.

Enforce rules, regulations and specifications concerning the trimming, removal, spraying, planting, pruning and protection of trees, plants or shrubs.

Cause the immediate abatement of any nuisance on public property, provided that the nuisance is determined by the DPW to be an immediate threat to any person or property.

Supervise and inspect all work done pursuant to permits issued.

Implement and update the tree management plan biannually with guidance from the Village Administrator and Village Board.

Interference with DPW. No person shall interfere with the Village employee(s) while engaged in carrying out any work or activities authorized under this section.

Prohibited acts. No person shall engage in the following activities in a public area without written permission from the DPW:

Secure any sign, advertisement or notice to any tree.

Allow any fire or heat to come into contact with any public tree.

Allow any toxic chemical, gas, oil or other injurious substance to seep, drain or be emptied on any tree.

Attach any guy wire, cable, rope, nails, screws or other device to any public tree.

(5)

Dig, excavate, deposit, store, place or maintain any materials which may impede free passage of water and/or fertilizer to the roots of any tree growing on public property.

(6)

Paint, whitewash or in any way discolor the stem, base, bole or root of any public tree.

(7)

Plow, blow, shovel or pile snow in a manner that is injurious to any public tree.

(8)

Removal of any tree or branches thereof.

Tree planting, maintenance and removal.

Tree planting.

All boulevard trees and trees in public areas shall be planted according to the tree planting standards developed by the DPW and the Improvements and Services Committee. All trees shall meet the standards set by the American Nursery Association. The DPW shall make copies of the tree planting standards available to the general public.

No person may plant a tree on a boulevard or in any public area without written permission of the DPW. Species and location approval must be completed by the DPW and the Improvements and Services Committee. Once planted, the tree shall be strictly subject to management by the Village, including pruning and removal as necessary.

The DPW and the Improvements and Services Committee will develop recommended list of species to be planted and a list of species prohibited. The list will be available to the general public.

Whenever any tree shall be planted in conflict with the provisions of this section, it shall be lawful for the DPW to remove or cause the removal of said tree.

Tree maintenance.

It shall be unlawful for any person to top any public tree without the permission of the DPW. "Topping" is termed the practice of cutting back branches to stubs regardless of branch juncture.

Tree branches shall be maintained to prevent or abate a high-risk situation because of growth, age, condition, disease or obstruction of streets, signs, signal or intersections.

Tree branches over sidewalks will be pruned to a height of 10 feet.

Tree branches over streets and alleys will be pruned to a height of 14 feet.

Public trees will not be planted at a distance closer than 25 feet from the curb traveling the length of the street at any intersection.

Tree removal. Trees growing in public areas may be removed at the direction of the DPW if one or more of the following criteria are met:

The tree creates a public nuisance because of its species, size, location or condition, which may include, but is not limited to, fruit or seed drop, insects, excessive limb breakage or internal rot.

The tree poses a safety high-risk situation that cannot be corrected by pruning or other treatment.

The tree interferes with the growth of a more desirable tree.

Work improvements required to be made near the tree will kill the tree or render it a high-risk situation.

Preservation of the tree, when adjacent property is developed, is not cost effective.

(f)

The aesthetic value of the tree is substantially outweighed by the visual enhancement caused by the tree's removal.

(g)

The tree is infected with an insect or disease and alternative means of control are not practical and removal is necessary to prevent spread.

(h)

The tree is injurious to sewers, electric power lines, gas lines, water lines or other public improvements.

(i)

Public trees removed for private purposes.

Emergencies. Work may proceed without notice when emergency circumstances exist and work is required to prevent or mitigate property damage or public safety risk or disruption of essential Village services.

Violations. Any person found guilty of violating any provisions of this article or failing to comply with any order issued pursuant to the provision of this article may be subject to a forfeiture as provided in Chapter 60, Penalties. Each day that a violation occurs or continues may be considered a separate offense. In the event of damage to trees, the value of the tree may also be assessed to the offending party.

Tree preservation and woodland preservation. The following standards shall apply to any development for which a preliminary plat, grading plan or building permit or other similar Village approval is required to be applied for, and subsequently issued after the adoption of this section.

Woodlands and trees.

Structures, driveways and parking facilities shall be located in such a manner that the maximum number of trees shall be preserved. The applicant shall not remove trees greater than six inches DBH without prior approval from the DPW and/or the Improvements and Services Committee.

Tree replacement.

Tree replacement species will be approved by the DPW and/or the Improvements and Services Committee.

Species planted shall be hardy under local conditions and compatible with the local landscape being not less than 1.5 inches in caliper.

Street trees shall be required in each proposed subdivision or resubdivision, with provisions for one street tree every 40 linear feet of street frontage, subtracting 25 linear feet from each corner. The DPW shall select, space, and plant or have planted by a contractor the street trees upon completion of the building project. The developer shall pay to the Village a fee per tree as provided in Chapter 33, Fees, prior to the issuance of a building permit. If suitable planting sites are not available at the building site upon completion of construction, the funds and tree can be planted at a more suitable site as determined by the DPW.

The DPW will inventory the number of trees over six inches in diameter on a proposed building lot prior to the start of construction. Upon completion of construction, a re-inventory will be completed and fee per tree removed as provided in Chapter 33, Fees, will be deposited into a fund for tree replanting within the Village.

Tree replacement schedule. The DPW and the Improvements and Services Committee will determine the tree quality as high, medium and low, and the applicant shall replace removed trees using the following schedule:

High-quality woodland: replace one tree for every tree removed.

Medium-quality woodland: Replace one tree for every two removed.

Low-quality woodland: Replace one tree for every three trees removed.

Appeals process.

Appeals from the decision of the DPW shall be heard by the improvements and Services Committee.

Final appeal rests with the Village Board.

§ 245-78 Shoreland planting and sediment control.

The subdivider shall plant those grasses, trees, shrubs and vines of a species and size native to Wisconsin and specified by the Village Board necessary to prevent soil erosion and protect stream and lake banks. In addition:

The Village of Johnson Creek may require the subdivider to provide or install certain protection and rehabilitation measures, such as fencing, sloping, seeding, rip-rap, revetments, jetties, clearing, dredging, snagging, drop structures, brush mats, willow poles and grade stabilization structures.

Tree cutting and shrubbery clearing shall not exceed 50% of the lot or tract and shall be so conducted as to prevent erosion and sedimentation; preserve and improve scenic qualities; and, during foliation, substantially screen any development from stream or lake users.

Paths and trails in wooded and wetland areas shall not exceed 10 feet in width unless otherwise approved by the Village of Johnson Creek Plan Commission and shall be so designed and constructed as to result in the least removal and disruption of trees and shrubs. If a gravel path is warranted, it shall be covered and maintained with a woodchip surface.

Earthmoving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging, and lagooning, shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen, and topography.

§ 245-79 Wooded areas and natural tree settings.

The subdivider shall not remove trees in anticipation of a land division until he has gained preliminary subdivision approval. Each tree removed in preparation for development shall be replaced on a one to one (1:1) ratio. Heavily wooded areas should be preserved insofar as possible and by application of reservation and dedication provisions of this and other applicable ordinances.

§ 245-80 Improvement of existing half streets.

Where a subdivision or minor land division abuts an existing street or half street and lots within the subdivision or minor land division access the existing street or half street, the subdivider shall be responsible for installing and paying for half the improvements in the existing street or half street right-of-way. The Village of Johnson Creek shall be responsible for paying the remaining half of the improvements. The Village of Johnson Creek's responsibility may include conducting special assessments for the benefited properties.

§ 245-81 Impact fees.

[Amended 6-6-1996 by Ord. No. 5-96; 9-7-2000 by Ord. No. 12-00; 8-2-2001 by Ord. No. 18-01; 7-8-2003 by Ord. No. 20-03; 5-10-2004 by Ord. No. 14-04; 9-20-2004 by Ord. No. 31-04]

Purpose. The purpose of this section is to establish an impact fee for land development, which impact fees are to be collected and used by the Village for the purpose of financing public facilities which the Village is required to construct, expand, or improve as a result of land development. In establishing these impact fees, the Village Board has heard and considered the comments received at a public hearing conducted in accordance with the provisions of Wis. Stat. § 66.0617(3), and has reviewed and considered the public facilities needs assessment prepared and filed with the Village Clerk in accordance with the provisions of Wis. Stat. § 66.0617(4). In establishing the impact fees required under the terms of this section, the Village Board has determined:

That the impact fees bear a rational relationship to the need for new, expanded, or improved public facilities that are required to serve land development; and

That the impact fees do 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 Village; and

That the impact fees are based upon actual capital costs, or reasonable estimates of capital costs, for new, expanded, or improved public facilities required to serve land development; and

That the impact fees may be reduced to compensate for other capital costs imposed by the Village with respect to land development where the developer has contributed to the cost of constructing, expanding, or improving any public facility identified in the public facilities needs assessment through special assessments, special charges, land dedications, or fees in lieu of land dedications required under the Village's subdivision control ordinance.

Definitions. As used 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, subject to the limitations set forth in Wis. Stat. § 66.0617.

DEVELOPER

A person who constructs or creates a land development.

DWELLING UNIT

Each separate living unit authorized to be constructed on the parcel of land for residential development. For example, a single-family residence shall be considered a one-dwelling unit; a duplex shall be considered a two-dwelling unit; a four-family apartment building shall be considered a four-dwelling unit, etc. Other types of temporary or limited-term domestic use facilities shall be assigned dwelling unit equivalents as provided herein:

Congregate-care facility (ACLF): one per four bedrooms.

Community-based residential facility (CBRF): one per four bedrooms.

Retirement home: one per four bedrooms.

DWELLING UNIT EQUIVALENT (DUE)

Assisted-living facility: one per two units.

(5)

Motel/hotel: one per four rooms or suites.

Shall be applied to nonresidential properties, e.g., industrial, institutional and commercial. The number of DUEs shall be calculated as follows:

One dwelling unit equivalent shall be assigned for each 5,000 square feet of area; and

One dwelling unit equivalent shall be assigned for each 250 gallons of sewage effluent flow, as determined on an average daily basis during peak month demand [Note: A determination of dwelling unit equivalents will be made based upon anticipated or projected wastewater flow. The assessment of impact fees will be adjusted after one year of operation based upon actual metered wastewater flow]; and

One dwelling unit equivalent shall be assigned for each leased or subdivided space; and

The greater DUE, either based on area or gallons or occupied spaces, shall be assigned to the facility, but where a facility involves a mixed use, that is, it houses, either under one roof or on the same parcel of property, a use separate and distinct from the primary use, the DUE calculations shall include the primary use and all alternate use or uses and the DUE assigned shall include the primary use and all alternative use or uses.

IMPACT FEES

Cash contributions, contributions of land, or interests in land, or any other items of value that are imposed on a developer by the Village under this section.

LAND DEVELOPMENT

The construction or modification of improvements to real property that creates or results in additional residential dwelling units or nonresidential uses (new or additional dwelling unit equivalents) within the Village that create a need for new, expanded, or improved public facilities within the Village.

Impact fee established.

There is hereby imposed upon any developer an impact fee as provided in Chapter 33, Fees, for each dwelling unit or dwelling unit equivalent created as a result of any event or occurrence which constitutes a land development, as that term is defined in this section.

The developer shall pay the impact fee to the Village whenever a land development occurs, irrespective of whether the tract of land upon which the land development occurs was created before or after the enactment of this section.

The Village Board may, annually or as deemed appropriate, adjust the amount of the impact fee to take into account increases in cost due to inflation, or other justifiable and reasonable factor.

Use of impact fee.

The Village Clerk shall collect impact fees assessed under the terms of this section upon the earlier of the issuance of Village Board approval for any land development, or issuance of a building permit related to the land development.

The funds maintained by the Village Clerk shall be segregated into the following accounts:

Public safety;

Sanitary sewer/wastewater treatment facility;

Water system;

Parks and recreation;

Public works.