Village of Sauk City, WI Sauk City Industry Park

The Sauk City Industry Park is located south of US Highway 12 in the southeastern section of the Village. It shall be the purpose of the Sauk City Industry Park to provide increased employment in the Sauk City area. The intent of these covenants is to facilitate this purpose in a contemporary, professional and office-like setting within the Sauk City Industry Park. In addition to office uses, the Village encourages contemporary industrial development, thereby providing a desirable location for those industrial types which are harmonious with and do not constitute a hazard or nuisance to surrounding areas. As such, the Village of Sauk City shall encourage the development of clean and quiet industrial uses while permitting light manufacturing, warehousing and other similar industrial uses. It is also the intent of these covenants to ensure that the architectural designs of both buildings and sites are consistent with the standards necessary to maintain a quality mixed-use park that is attractive to both the office and industrial owner. The enforcement of these covenants is intended to provide for the enhancement of property values, i.e., provide for aesthetic and financial success of the park.

§ A370-2 Minimum parcel size.

The minimum parcel size for all parcels in the Sauk City Industry Park shall be two acres.

§ A370-3 Construction materials.

All buildings constructed within the Sauk City Industry Park shall provide for attractive profiles. Exterior walls may be constructed of wood, brick, architectural concrete masonry units, stone, architectural concrete and precast concrete, glass, or enameled or anodized metal. Materials shall be combined with design and color consistent with the harmonious development of the site.

The stark, underdesigned warehouse look shall be eliminated through the use of sidewall and facade materials, e.g., masonry, metal, wood, concrete and glass, with attractive profiles, textures and colors. All designs shall provide for the smooth transition between office and light manufacturing building space requirements.

The design of any accessory buildings shall be consistent with the design and materials proposed for the principal building(s).

§ A370-4 Architectural review.

Prior to initiating construction on any parcel in the park, the owner shall submit plans and specifications for approval by the Village of Sauk City Village Board and the Village of Sauk City Plan Commission. The plans and specifications must include the following elements:

(1)

Building plans and elevations.

(2)

A complete site plan depicting all setbacks, parking lots, loading docks, signs, refuse collection systems, general landscaping and circulation patterns and all exterior lighting proposed for the site.

(3)

A landscaping plan accurately depicting the location, number and type of plantings and/or berms proposed for the site.

The owner shall submit five copies of all documents and plans. All elevations shall be drawn at a minimum of 1/8 inch equals one foot. All site plans shall be drawn at a scale no smaller than one inch equals 20 feet, unless otherwise approved by the Village's engineering consultant.

Within 15 days from the date the plans are received by the Village Administrator, the Sauk City Plan Commission shall review the plans and forward its recommendation, in writing, to the Village Board. Within 30 days of submission of the plans, the Board shall issue its decision thereon. The owner may appeal the Commission's decision to the Sauk City Village Board by filing a written notice of appeal with the Village Administrator no later than 15 days from the date of the Commission's decision. The Board shall duly consider the matter and its decision shall be final. Plans shall be evaluated considering the provisions of these covenants as well as the general welfare of the Industry Park occupants and surrounding property owners.

§ A370-5 Performance standards.

The following minimum standards shall apply to all developments proposed within the park:

Setbacks.

Front: 40 feet.

Side: 20 feet.

Rear: 25 feet.

Setback areas shall be landscaped except for driveways. No parking is allowed in setback areas.

Parking.

(1)

There shall be no on-street parking. Off-street parking shall be provided on the following basis:

	Use	Requirement
	Office	5 spaces plus 1 space for each 300 square feet of floor area over 1,000 square feet
	Manufacturing	2 spaces for each 3 employees or 2 spaces for each 1,000 square feet of floor space, as determined by the Plan Commission

(2)

All parking lots shall be permanently surfaced with either asphalt or concrete. At least 3% of the total parking lot area shall be landscaped as specified in these covenants. Corner lots may be exempted from some setback requirements, provided that loading and maneuvering areas are screened from public view by careful building orientation and landscaping.

Off-street loading. Loading docks positioned at the front of any buildings shall be set back at least 70 feet. Maneuvering areas shall not encroach into the front, side or rear yard setback areas as specified in Subsection A.

Signs. All signs shall be constructed in accordance with Chapter 365, Zoning, Article XV, Signs, of the Village of Sauk City Code. In addition to the requirements contained therein, the following requirements shall also apply:

(1)

All identity signage not attached to the building shall be set back a minimum of 15 feet from the property line. Signs shall be incorporated into the landscape plan. Sign material shall be as specified by the Village. Maximum size overall shall not exceed five feet in height or 50 square feet in area.

(2)

All identity signage attached to the building shall be incorporated into the building architecture and shall be presented for approval with the architectural plans. Signs may not exceed 10% of the square feet contained in the wall to which they are affixed. In addition, signs may not extend above the roof parapet line or project more than 18 inches from the face of the building.

(3)

Traffic control and directional signage within individual lot developments shall be consistent with the identity signage and submitted for approval with the landscape design.

(4)

Traffic control and directional signage within the public right-of-way shall be of the standard type used by the Village and shall be placed by the Village personnel.

(5)

Flashing signs are expressly prohibited.

Landscaping. The following landscaping requirements shall be adhered to for all developments within the park:

(1)

All developed areas of any lot not used for building, parking, driveways or storage shall be landscaped with trees, shrubs, berms and planted ground covers. Areas of the site held or designated for expansion shall be planted with grass and maintained as specified herein. The Commission shall determine the area of the site acceptable for expansion.

(2)

It is the owner's responsibility to maintain all landscaping in an attractive and well-trimmed condition at all times. The owner shall also replace any dead or damaged trees or shrubs with a similar species. Any dead or damaged sod shall also be replaced.

(3)

A landscaping plan shall be prepared and submitted for approval by the Commission at the plan review stage. All landscaping shall be installed prior to the commencement of business operations or the end of the first planting season, whichever is feasible. To insure compliance with these provisions, the owner shall submit a bond in an amount equal to 1 1/2 times the estimated cost of the landscaping as specified in the landscaping plan. The bond will be in a form approved by the Village Attorney. The bond will be refunded to owner upon satisfactory installation of all landscaping elements as specified in the approved landscaping plan.

Outdoor storage and display. No outside storage of any kind shall be permitted unless such storage material is visually screened from all streets with a suitable fence at least six feet in height. Screening shall be attractive in appearance and in keeping with the architectural quality of the main structure. Said storage shall be limited to the rear 2/3 of the property and within the building setback lines. No waste material or refuse may be dumped or permitted to remain on any part of the property outside of the building. Storage of fuel oil or other bulk fluids must be underground. Fences, walls or hedges may not extend forward of building setback lines.

§ A370-6 Construction.

Only such excavation and drilling as are necessary for construction will be allowed. The owner shall plan to minimize erosion, dust, noise, odors, vibrations or other nuisances which, in any way, might adversely affect the operation of other park occupants.

During construction, the owner shall clean the working areas each day, shall remove all trash and waste material, and shall maintain the site in a neat and orderly condition.

All paved Village streets shall be cleaned of construction debris at the end of each day's construction leaving the roads in first-class condition.

The owner shall plan and conduct the site grading and construction to minimize erosion and sediment runoff from the areas.

Combination of berms and barriers to direct surface water around the construction sites together with sedimentation basins with overflow weirs shall be employed wherever practical. Finished areas should be topsoiled and seeded as soon as construction and weather conditions will permit, and areas to be paved should likewise be completed without delay. The owner shall submit an erosion control plan for approval.

The owner shall plan and conduct site grading and haul road use to minimize dust nuisance. To this end, calcium chloride or other wetting agent shall be spread as necessary. Water wagons may also be used to control dust.

The owner shall plan to minimize noise from construction activities to the extent possible.

§ A370-7 Completion of project/repurchase.

In the event any purchaser of land in the Industry Park elects to sell any portion which is not being used in connection with the business or industry of the purchaser, or which the purchaser desires to sell separate and distinct from any sale of the business or industry being conducted by the purchaser, the same shall be offered for sale, in writing, to the Village at the same price per acre paid for such land by the purchaser, together with the costs of any improvements thereon paid for by the purchaser and any special assessment paid by the purchaser relating to such land, with interest at the rate of 5% per annum on the purchase price from the date of payment of the purchase price of said land by the purchaser, and 5% per annum on the costs of improvements from the date of payment of any costs for improvements on said lands by the purchaser, and 5% per annum on the costs of any special assessments from the date of payment of any special assessments paid by the purchaser relating to such lands to the date of repurchase by the Village. Any division of a parcel shall comply with minimum parcel size requirements of § A370-2. The Village shall have 90 days from the date of receipt of such offer to accept or reject it, unless an extension of time may be agreed upon in writing. Acceptance or rejection of such offer shall be by resolution adopted by the Village Board. In the event of acceptance of such offer by the Village, conveyance shall be by warranty deed, free and clear of all liens and encumbrances created by act or default of the purchaser. If the Village fails to act on such offer of sale within 90 days from receipt thereof or rejects the offer, the purchaser may then sell the land to any third party and the Village shall have no further interest or right therein, except that the use of the land by any subsequent purchaser shall be subject to applicable zoning, ordinances, restrictions and regulations of the Village and the Industry Park Protective Covenants relating to the use of the land at the time of sale. If a purchaser of land in the Industry Park has not or cannot start construction and improvements on the land purchased within 24 months of the date of payment of the purchase price, the Village of Sauk City shall have the right to repurchase the property from the purchaser at the original purchase price without interest. Any extension of time to permit construction and improvement must be mutually agreed upon in writing between the Village and the purchaser and adopted by resolution of the Sauk City Village Board.

If the Village reclaims the land through nonperformance by the purchaser as provided herein, the purchaser shall convey the property to the Village by warranty deed, free and clear of all liens and encumbrances created by act of default of the purchaser. The deed shall be delivered to the Village upon payment of the amounts set forth herein.

If the Village reclaims the land through nonperformance by the purchaser, the Village may sell the land to any party, and the subsequent purchaser shall be subject to applicable zoning, ordinances, restrictions and regulations of the Village and the Industry Park Protective Covenants relating to the use of the land at the time of the sale.

The provisions of this section may be amended or modified only by a majority vote of the Sauk City Village Board, and such amendment shall not require the approval or action of the other property owners within the Industry Park as set forth in § A370-8.

§ A370-8 Enforcement.

Each parcel in the Industry Park shall be conveyed subject to these protective covenants, all of which are to run with the land and shall be binding on all purchasers, their successors, assigns and any persons claiming under them for a period of 10 years from the recording of the protective covenants, after which time the protective covenants shall be automatically extended for successive periods of 10 years each, unless an instrument is recorded containing the signatures of the owners of a majority of the land in the Industry Park (based upon the amount of square footage owned as compared to the total square footage in the Industry Park), and also containing the approval of the Sauk City Village Board as evidenced by a resolution duly adopted by the Village Board, which instrument and resolution shall agree to change, modify or amend the protective covenants in whole or in part.

If two or more persons own one parcel, any one of such persons may cast a vote for that parcel and such vote shall be deemed to have been cast on behalf of all other owners and with their consent. However, if two or more owners of a single parcel cannot agree among themselves, such parcels shall not be counted in the voting. The unsold lands retained by the Village shall be included in the voting.

The protective covenants of the Industry Park, with the exception of the provisions of § A370-7, may be modified and amended by the recording of an instrument to said effect, duly signed by a majority of the then owners of a majority of the lands in the Industry Park and also containing the approval of the Sauk City Village Board, as evidenced by a resolution duly adopted by the Village Board. The majority of the property owners shall be determined as set forth in this section. The Village shall have the right at any time, however, to amend and modify these covenants as applied to any lands in the Industry Park owned by the Village by the recording of an instrument to said effect containing the approval Village Board as evidenced by a resolution adopted by the Village Board.

§ A370-9 Binding effects.

All restrictions and covenants contained herein are imposed for the benefit of lands within the Industry Park and are made for the benefit of the Village and of any and all persons who may hereafter own an interest in any lands within the Industry Park. All such persons in interest, including the Village of Sauk City, are specifically given the right to enforce these covenants, restrictions and conditions by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages, or both.

If the owner violates any of the provisions contained in these covenants and fails to cure such default within 30 days after receipt of written notice thereof from the Village, the Village shall have the right, privilege and license to enter upon the premises and take such action as is necessary to cure such violation, and all reasonable costs incurred by the Village shall be reimbursed to the Village by the violator.

No failure to object to a violation of these covenants or to take action to enforce any covenants or conditions shall be deemed a waiver of any right to fully enforce the same thereafter.

If any covenant, condition or restriction set forth herein, or any portion thereof, is determined to be invalid or void because unlawful, such invalidity shall in no way affect any other covenant, condition or restriction herein provided.

§ A370-10 Variances.

The Village of Sauk City reserves the right to grant variances to any or all of these restrictions as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of these restrictions will result in practical difficult or unnecessary hardship or if in the judgment of the Board the development or lack of development of the Industry Park makes such course of action necessary or advisable. A variance shall be granted by a duly adopted resolution of the Village Board after recommendation and report by the Commission to the Board.

§ A370-11 Other applicable zoning ordinances.

These covenants shall not supersede compliance with all other applicable federal, state and local codes and ordinances; provided, however, that where these covenants directly conflict with the Chapter 365, Zoning, of the Sauk City Code, the covenants set forth herein shall apply.