These design standards apply to all improvements within the town. The designer of a development must use the design standards in this Code and any other relevant town document. The town will use the design standards when reviewing a permit application, a subdivision plan or plat or plans for other projects and public facilities as deemed necessary by the land use administrator. All projects within the town must conform to the design standards contained in these regulations.

Design of a site will include adequate, safe and convenient arrangements for pedestrian circulation, roadways, driveways, off-street parking and loading space.

The road system shall be designed to permit safe, efficient and orderly movement of traffic and emergency vehicles; to meet the needs of the present and future population served; to have a simple logical pattern; to respect natural features and topography; to provide for appropriate extension of existing streets; and to present an attractive streetscape. The road system shall be designed and constructed in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Standards.

(Ord. No. 374, 12-4-12)

A.

Sidewalks, walkways and bikeways shall be designed and constructed in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Specifications.

(1)

Sidewalks. Sidewalks will be required on both sides of all streets unless alternative pedestrian pathways are provided as part of a development plan. All sidewalks must be installed before a certificate of occupancy shall be issued.

(2)

Walkways. Pedestrian easements ten feet wide may be required by the town through the center of a block more than 600 feet long to provide circulation or access to schools, playgrounds, shopping, or other community facilities.

(3)

Bikeways. Separate bicycle paths are required if such paths are part of the adopted Bayfield Comprehensive Plan.

(Ord. No. 374, 12-4-12)

Storm drainage systems shall be designed to provide for public safety while minimizing the risk of flooding to public and private property. Storm drainage systems shall be designed and constructed in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Specifications.

(Ord. No. 374, 12-4-12)

A.

Park sites shall be dedicated to the town as part of any residential subdivision. Park land must be reserved as to location and size as depicted by the Bayfield Comprehensive Plan, town parks, open space, Trails and Recreation Plan, or as determined by the town.

B.

The board of trustees, in their sole determination, may determine that developer shall pay fee in-lieu of land dedication if they deem the parcel of land proposed for dedication is not suitable or necessary for park purposes.

C.

The amount of land required for dedication or fee in-lieu shall be established by resolution of the board of trustees, which may be amended from time to time.

D.

Park land dedication or fee in lieu shall be paid prior to the recording of final plat. Language should be included in the annexation agreement and/or subdivision improvement agreement.

E.

Park facility impact fees shall be assessed at time of building permit, which fee shall be established by resolution of the board of trustees, which may be amended from time to time.

(Ord. No. 473, § 1, 4-5-22; Ord. No. 474, § 1, 4-19-22)

Editor's note— Ord. No. 474, adopted April 19, 2022, repealed the former § 5-4, and enacted a new § 5-4 as set out herein. The former § 5-4 pertained to parks and recreation sites and derived from the original code.

When required as part of a development, open space shall contain accessible property and shall have a workable program established for maintenance and upkeep. Open space shall be dedicated when the final plat is filed. If no plat is required, open space shall be dedicated before any development permit is issued.

Utilities must be provided to any subdivision or development. The utilities will be of sufficient capacity to serve the subdivision or development and any development which may be served through the subdivision or development. Utilities will be constructed according to the standards contained in these and other regulations and be hooked in to the local public system. If an alley is not provided in a planned development, a utility easement of sufficient width and accessibility will be provided and be part of the approved development plan.

Easements of not less than seven and one-half feet in width will be provided for utilities on each side of all rear lots where alleys are not provided, and along each side of side lot lines where necessary. Easements for utilities will not be less than 15 feet, along the perimeter of each subdivision. All utility easement will be subject to approval of the applicable utility company and will conform to their standards. When possible, common trenches and easements should be utilized.

A.

The following general standards will be observed in planning and design of a PUD:

(1)

The PUD is designed in a manner that protects and enhances the environmental, cultural or scenic assets of the area including vegetation, drainage courses, neighborhood character, cultural resources and scenic views.

(2)

The PUD design must take into account characteristics of the site, in a manner intended to protect the health, safety and welfare of potential users of the PUD and the community.

(3)

Architectural compatibility is addressed through design standards. Design standards developed for each PUD shall, at a minimum, define the overall style of buildings in terms of massing, finish materials and placement.

(4)

Design and construction of the PUD will include adequate, safe and convenient arrangements for pedestrian circulation, roadways, driveways, off-street parking and loading space.

(5)

Common open space that is appropriate to the project as determined through negotiations.

(6)

Planned open spaces within the PUD including those spaces being used as public or private recreation sites will be protected by adequate covenants running with the land or by conveyances or dedication.

(7)

The PUD has a proposed schedule for development of areas by stages, including the location and acreage to be developed in each stage and the estimated time and sequence at which each stage is to be developed.

(8)

A PUD plan submittal will, in addition to these requirements, meet all requirements contained in this Code relating to subdivisions.

(9)

Variation from district standards. Variation may be permitted with respect to the minimum lot area, setbacks, lot width, lot coverage or height standards in this Code, only if the planning commission and the town board find that the variations are appropriate and necessary to achieve the purpose and intent of the PUD overlay zone.

(Ord. No. 340, 12-2-08)

A.

The following general standards will be observed in planning and design within a historic preservation overlay district:

(1)

The historic preservation overlay district identifies sites and structures in areas that contribute to the unique historic resources and character of Bayfield.

(2)

These resources require special attention when any changes, alteration, developments, or other disturbances, including demolition, grading, site preparation or new structures are proposed within a designated area.

(3)

Plans submitted for any building permit or use permit that include any portion of a designated historic site will show how the historic fabric will be preserved.

(4)

The site will also be designed in a manner that, wherever possible, protects the historical assets of the area.

(5)

Design and construction plans will take into account the natural characteristics of the site and the community.

(6)

Design and construction plans will take into account the materials previously used in construction of any manmade structures within the designated district.

(Ord. No. 238, 6-4-96)

A.

Regulation for the dedication of land to the school district and for the payment of fees in lieu thereof.

(1)

Each development containing residential land uses shall pay fees in lieu of land dedications, or, if appropriate based upon the size of the development, shall dedicate to the Bayfield School District No. 10 Jt-R ("district") school sites in accordance with the provisions of this section. The district shall determine school needs in proximity to the proposed development area, and shall make the determination whether fees should be levied or actual land dedication should be made in accordance with the provisions of this section.

(2)

Fees in lieu of land dedication shall be assessed as part of the development plan approval process. For any existing development for which a development plan has been approved prior to the date hereof, cash in lieu shall be required as hereinafter set forth. If it is determined that the particular development should dedicate land rather than pay fees in lieu, the determination of the amount of land to be dedicated, and the criteria applicable to determine land to be dedicated shall be in accordance with, formulas and standards established by district policy and procedure, provided, however, that the district shall not require land dedication for any purposes other than construction of school buildings, athletic fields, bus garages, maintenance buildings, or any other bona fide district facilities.

(3)

Fee determination and collection.

a.

The town shall notify the district in writing of any development plan approval process that is initiated within the town, providing copies of any available submittals and information that the town has received concerning the project. Within 30 days of such notification, the district shall notify the town in writing whether the district intends to require land dedication in connection with the particular development. Unless the town receives such notice from the district, it will be assumed that district will not require land dedication, and the town shall require payment of a fee in lieu of land dedication. The amount of the fee shall be $794.00 per unit. The amount of the fee may be updated from time to time by amendment to this section, upon mutual agreement of the district and the town.

1.

The amount of the fee for detached unit shall be $1,019.00 per unit.

2.

The amount of the fee for attached unit shall be $963.00 per unit.

b.

The fee in lieu requirement shall apply to new residential construction within the town. The term "new residential construction" as used herein shall include all types of construction, as well as the assembling or placement of modular, pre-constructed and mobile homes. The term "new residential construction" shall not include any type of replacement structure, or addition/remodel, on the site of a pre-existing residential unit of any kind.

c.

The per unit fee shall be paid to the district prior to the issuance of a building permit or equivalent authorization for an individual unit, and the district's receipt evidencing payment of such fee shall be a condition precedent to the issuance of a building permit or equivalent authorization.

d.

Fees shall be payable to the district as undesignated contributions to the district's general fund and shall be accounted for and used as the school district deems appropriate for land and capital facilities. The payer shall have no control over the use of such funds.

e.

The town will not entertain any requests for waiver of the fee in lieu of land dedication. Any such requests for waiver shall be made to the district, and the district shall have the sole authority whether to grant a waiver in a specific case.

f.

In the event that the district has required land dedication in accordance with subsection A.(2) above, but the developer and the district are unable to come to agreement within 60 days as to the amount or location of land to be dedicated, the town shall have the authority, upon written notice to the district, to terminate negotiations and require imposition of the fee in lieu in accordance with subsection A.(3)a. above. Such 60 day negotiation period shall commence on the date the district notifies the town of its intention to require land dedication in accordance with subsection A.(3)a.

(4)

The following land uses within the town's boundaries are exempt from fees in lieu of land dedication: (1) nonresidential building construction; (2) construction of buildings for assisted living, family care and group homes, halfway houses, nursing homes, housing designated for older persons as defined by federal law, and hospices; this exception does not include structures used primarily to house school age children.

(5)

Any person or entity that is issued a building permit or equivalent authorization without dedication of land or payment of the land dedication fee shall be liable to the district for such fee plus all costs of collection including but not limited to a reasonable attorney fee; and the district shall have the standing and authority to use any and all creditor's remedies and other legal means to effectuate such collection.

(Ord. No. 481, 11-15-22; Ord. No. 482, 11-15-22)