Cedarburg Town City Zoning Code
ARTICLE IV
Planned Unit Development PUD
§ 320-35 Intent; condominiums.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
A.
Statement of purpose. The planned unit development is a conditional use is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures and/or mixing of compatible uses. This article contemplates that there may be residential, commercial and industrial planned unit developments and mixed compatible use developments. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The planned unit development under this chapter will allow for flexibility of overall development design, with benefits from such design flexibility intended to be derived by both the developer and the community while at the same time maintaining, insofar as possible, the land use density and other standards or use requirements as set forth in the underlying basic zoning district.
B.
Condominiums permitted. The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Ch. 703, Wis. Stats. (condominiums), may be permitted by the Town upon specific petition under § 320-41 of this chapter and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures, when all regulations and standards as set forth in this article have been met.
§ 320-36 General requirements. [1]
[Amended 9-3-2003 by Ord. No. 2003-16; 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
A planned unit development shall be consistent in all respects with the expressed intent of this article and with the spirit and intent of this chapter, shall be in conformity with the adopted Comprehensive Plan or any adopted component thereof, and shall not be contrary to the general welfare and economic prosperity of the community. Developers shall demonstrate an effort to become consistent with any design guidelines applicable to their planned unit development.
A.
Physical requirements. The lot area, width and yard requirements of the basic use district may be modified. The development density for proposed residential planned unit development shall be determined on an individual basis. The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design, all common structures, facilities, utilities, access and open spaces shall be assured by deed restrictions enforceable by the Town.
B.
Ownership and recordation. The planned unit development may be considered as one or multiple tracts, lots or parcels, and the legal description be recorded as such with the County Register of Deeds.
§ 320-37 Public services and facilities. [1]
A.
Drainage. The development site shall be provided with adequate drainage facilities for surface water and stormwater.
B.
Accessible. The site will be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the development.
C.
Burden on public services. No undue constraint or burden shall be imposed on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and storm drainage, and maintenance of public areas, by the development.
D.
Streets and driveways. The streets and driveways on the site of the development shall be adequate to serve the residents of the development and, in the case of public dedicated streets, will meet the minimum standards of all applicable ordinances or administrative regulations of the Town.
E.
Water and sewer. Public water and sewer facilities shall be provided.
§ 320-38 Subsequent land division.
The division of any land or lands within a planned unit development for the purpose of change or conveyance of ownership may be accomplished pursuant to Chapter 184, Land Division, of this Code when such division is contemplated.
§ 320-41 Procedural requirements.
A.
Intent. Sections 320-35 through 320-38 set forth the basic philosophy and intent in providing for planned unit developments, the kinds thereof, and the general requirements, physical requirements and requirements as to public services and facilities. The following sections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.
[Amended 5-6-2009 by Ord. No. 2009-9]
B.
Procedural requirements for planned unit developments.
(1)
Pre-petition conference. Prior to the official submission of the petition for the approval of a planned unit development, the owner or his agent making such petition shall meet with the Plan Commission, Town Administrator or their staff to discuss the scope and proposed nature of the contemplated development.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
(2)
Site plan review. Following the pre-petition conference, the owner or his agent should meet with the Plan Commission or its staff to present a detailed site analysis of existing features. The review may involve a site visit, and should include a discussion of project goals and possible design solutions.
[1]
Editor's Note: This ordinance also redesignated former Subsection B(2) through (4) as Subsection B(3) through (5), respectively.
(3)
Petition for approval. Following the pre-petition conference or site plan review, the owner or his agent may file a petition with the Town Administrator for approval of a planned unit development. Such petition shall be accompanied by a review fee as set by the Town Board as well as incorporate the following information:
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
(a)
Informational statement. A statement which sets forth the relationship of the proposed PUD to the Town's adopted Comprehensive Plan or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD, including the following information:
[1]
Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.
[2]
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
[3]
A general outline of the organizational structure of a property owners' or management association which may be proposed to be established for the purpose of providing any necessary private services.
[4]
Any proposed departures from the standards of development as set forth in this chapter, Chapter 184, Land Division, of this Code, other Town regulations or administrative rules, or other universal guidelines.
[5]
The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.
(b)
A general development plan, including:
[1]
A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.
[2]
The location of public and private roads, driveways, sidewalks and parking facilities.
[3]
The size, arrangement and location of any individual building sites and proposed building groups on each individual site.
[4]
The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.
[5]
The type, size and location of all structures.
[6]
General landscape treatment.
[7]
The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.
[8]
The existing and proposed location of all private utilities or other easements.
[9]
Characteristics of soils related to contemplated specific uses.
[10]
Existing topography on the site with contours at no greater than two-foot intervals.
[11]
Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.
[12]
If the development is to be staged, a staging plan.
[13]
A plan showing how the entire development can be further subdivided in the future.
(4)
Referral to Plan Commission. The petition for a planned unit development shall be referred to the Plan Commission for its review and recommendation, which recommendation shall include any additional conditions or restrictions which the Plan Commission may deem necessary or appropriate.
(6)
Notice of hearing to interested parties.
[Added 1-7-2009 by Ord. No. 2009-2; amended 5-6-2009 by Ord. No. 2009-9]
(a)
The Town Clerk shall give written notice of the time, date and place of the Town Plan Commission meeting at which the application for a planned development will be considered by regular first class mail to the owners of real estate in the Town of Cedarburg within 1,000 feet of the real estate for which a planned development has been requested. Such notice shall be deposited in the Unites States mail at least seven days prior to the Town Plan Commission meeting at which such request for a planned development is to be considered.
(b)
Publication of a Class 2 notice in accordance with § 985.07, Wis. Stats.
§ 320-42 Basis for approval of petition.
A.
Requirements. The Plan Commission, in making recommendations for approval, and the Town Board, in making a determination approving a petition for planned unit development, shall find as follows:
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
B.
Proposed construction schedule. The Plan Commission and Town Board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD, commencement of the physical development within one year of approval being deemed reasonable.
C.
Residential PUD considerations. The Plan Commission and Town Board, in making their respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:
(1)
Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.
(2)
The total net residential density within the planned unit development will be compatible with the Town Comprehensive Plan, or components thereof, and shall be compatible with the density of the district wherein located.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
(3)
Structure types will be generally compatible with other structural types permitted in the underlying basic use district.
(4)
Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.
(5)
Provision has been made for adequate, continuing fire and police protection.
(6)
The population density of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
(7)
Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan as approved either by private reservation and maintenance or by dedication to the public.
D.
Commercial PUD considerations. The Plan Commission and Town Board, in making their respective recommendation and determination as to a proposed commercial planned unit development, shall further consider whether:
(1)
The economic practicality of the proposed development can be justified.
(2)
The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.
(3)
The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.
(4)
The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.
(5)
The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
E.
Industrial PUD considerations. The Plan Commission and Town Board, in making their respective recommendations and determination as to a proposed industrial planned unit development, shall further consider whether:
(1)
The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.
(2)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.
(3)
The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail and/or arterial highway facilities.
(4)
The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
F.
Mixed use PUD considerations. The Plan Commission and Town Board, in making their respective recommendation and determination as to a proposed mixed use planned unit development, shall further consider whether:
(1)
The proposed mixture of uses produces a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.
(2)
The various types of uses conform to the general requirements as hereinbefore set forth applicable to projects of such use and character.
(3)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.
§ 320-43 Action on petition; alteration of approved plans.
A.
General. The Town Board, upon receipt of recommendation from the Plan Commission and following public hearing thereon, and after due consideration, shall either deny the petition, approve the petition as submitted or approve the petition subject to any additional conditions and restrictions the Town Board may impose.
B.
Approval. The general and detailed approvals of a planned unit development shall be based on and include, as conditions thereto, the building, site and operational plans for the development as approved by the Town Board.
(1)
General approval. The general development plan submitted with the PUD application need not necessarily be completely detailed at the time of petition, provided that it is in sufficient detail to satisfy the Town Board as to the general character, scope and appearance of the proposed development. Such plan shall designate the pattern of proposed streets and the size and arrangement of individual buildings and building sites. The approval of such general development plan, by way of approval of the petition, shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses.
(2)
Detailed approval. Detailed plans must be furnished to the Plan Commission and Town Board for their consideration, and the detailed approval by the Town Board of any part or stage of the proposed development shall be required before construction of such part or stage of the development may be commenced. Before plans submitted for detailed approval within the corporate limits will be approved, the petitioner shall give satisfactory proof that he has contracted to install all improvements or file a performance bond insuring that such improvements will be installed within the time required by the Town Board.
C.
Changes and additions. Any subsequent substantial change or addition to the plans or uses shall first be submitted for approval to the Plan Commission, and if, in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration of the original plan, it shall make its recommendation to the Town Board and further recommend additional public hearings, in which event the Town Board shall schedule a notice of public hearing as for the original petition. Following such public hearing, the Town Board shall deny, approve or approve the same subject to any additional conditions and restrictions it may impose.
§ 320-44 Planned developments for specialized purposes.
A.
Purpose.
(1)
Within planned development districts for specialized purposes, it is intended to permit, on application and on approval of detailed use, site and building plans, planned developments for specialized purposes on tracts suitable in location and character for the uses and structures proposed and which are planned and developed as units. Suitability shall be determined by applicable development plans and general benefit or welfare of the Town.
(2)
Within planned development districts for specialized purposes, the regulations established herein shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, and economic design and location of public and private utilities and community facilities and are intended to ensure adequate standards of construction and planning.
B.
Designation. Each approved planned development for specialized purposes should constitute a planned development district and should be so zoned and designated.
C.
Pre-petition conference. Before submitting a petition for a planned development for specialized purposes, an applicant shall confer with the Town Administrator, Town Director of Public Works, Town Building Inspector and Plan Commission to obtain information and direction on development plan requirements and application procedures.
[Amended 5-6-2009 by Ord. No. 2009-9]
D.
Contents of application. Application for approval of a planned development for specialized purposes shall be made in writing to the Town Board by filing the same with the Town Administrator and shall include the following:
(1)
Names, addresses and signatures of the applicant and/or owners of the proposed site and the names and addresses of the architect and/or professional engineer.
(2)
Description of the subject site by lot, block, and recorded subdivision or certified survey number, or by metes and bounds and address of the subject site.
(3)
Preliminary development plan, including maps, preliminary building plans and a written statement, showing enough of the surrounding area to demonstrate the relationship of the planned development to adjoining uses, both existing and proposed. The maps may be in general schematic form and shall contain the following information:
(a)
Plat of survey prepared by a registered land surveyor showing all of the information required under Chapter 108, Building Construction, of this Code for a building and zoning permit.
(b)
The existing topographic character of the land, including but not limited to two-foot contours.
(c)
Existing and proposed land uses.
(d)
A site plan showing existing and proposed buildings and structures, common open areas, open spaces around buildings and structures and any other existing or proposed site improvements. The site plan shall also show how the proposed site relates to its surroundings.
(e)
Elevation and perspective drawings of all proposed structures and improvements and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in detail.
(f)
Off-street parking and loading plan.
(g)
A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the planned development and to and from existing thoroughfares and adjacent properties.
(h)
A preliminary landscaping plan.
(i)
Drainage pattern and easement to include a diagram indicating how stormwater will drain on the site and from the site to established drainageways.
(j)
Soil tests, soil phase lines and soil types.
(k)
A description of how the water supply, waste disposal, trash removal, bus service and road maintenance needs of the project will be met.
(4)
The written statement to accompany the preliminary development plan shall contain the following information:
(a)
A statement of the present ownership of all lands included in the planned development.
(b)
An explanation of the general operation of the planned development.
(c)
A statement of proposed financing.
(d)
A development schedule as follows:
[1]
The approximate date when construction of the project can be expected to begin.
[2]
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
[3]
The approximate dates when construction of each of the stages in the development will be completed.
[4]
The area and location of common open space that will be provided at each stage.
(5)
Copies of agreements, provisions, or covenants which govern the use, maintenance and continued operation of the planned development and any of its common open areas.
(6)
A preliminary plat review fee as set by the Town Board to be paid to the Town Treasurer upon submission of the planned development application.
[Amended 5-6-2009 by Ord. No. 2009-9]
E.
Review of preliminary development plan. The preliminary development plan shall be reviewed by the Town Plan Commission and the Town Attorney, Town Administrator and Town Director of Public Works and reports of their findings shall be submitted to the Town Board.
F.
Hearing on preliminary development plan. The Town Plan Commission shall hold a public hearing upon each application for approval of a preliminary development plan and related restrictions and conditions.
G.
Notice of hearing to interested parties.
(1)
The Town Clerk shall give written notice of the time, date and place of the Town Plan Commission meeting at which the application for a planned development will be considered by regular first class mail to the owners of real estate in the Town of Cedarburg within 1,000 feet of the real estate for which a planned development has been requested.
(2)
Such notice shall be deposited in the Unites States mail at least seven days prior to the Town Plan Commission meeting at which such request for a planned development is to be considered.
H.
Building Inspector report on preliminary development plan. Applications for planned development plans shall be referred by the Town Board to the Town Building Inspector for review of elevation and perspective drawings of all proposed structures and improvements and their accessory buildings. No action shall be taken upon such application or preliminary development plan prior to receipt of the report of the Town Building Inspector.
I.
Plan Commission report on preliminary development plan and development conditions. In addition to planned development district standards, the Plan Commission may recommend, and the Town Board may impose, various restrictions and conditions on the construction and operation of a planned development.
J.
Preliminary development plan approval.
(1)
The preliminary development plan may be approved provided that the information submitted with application, the testimony of the public hearing, and the findings of the Town Plan Commission and the Building Inspector establish that:
(a)
The preliminary development plan, together with the related restrictions and conditions to regulate its construction and operation, is in accord with the intent and purpose of adopted plans or plan components of the Town of Cedarburg.
(b)
The planned development will create an environment of continuing desirability and stability and will not be detrimental to present and potential surrounding uses.
(c)
Public facilities and utilities, including water supply and waste disposal, existing and proposed, either in conjunction with the plan or separately, are, or will be, adequate to serve the planned development.
(d)
The various stages, if any, by which the development is proposed to be constructed or undertaken as stated in the final development plan are practical and in the public interest.
(2)
The Town Board shall approve or reject the planned development, the preliminary development plan, and proposed restrictions and conditions within 120 days of its submission unless the time is extended by agreement with the developer.
(3)
If the preliminary development plan, conditions and restrictions are approved with modifications, the action shall not become final until the applicant has filed with the Town Board written consent to the plan and restrictions and conditions as modified.
(4)
No building permits may be issued on land within the planned development until final plans for the development have been approved as required and the Town Board has established final dwelling densities for the planned development.
K.
Review of final development plan.
(1)
Within six months following approval of the preliminary development plan with related restrictions and conditions, the applicant shall file with the Town Board a final development plan with related restrictions and conditions, including payment of the final planned development plat review fee, and containing in final form the information required in the preliminary plan and related restrictions and conditions. In its discretion, and for good cause, the Town Board may extend for not more than six months the period for filing of the final development plan. Thereafter, if the final development plan is not filed as required, the application for the planned development shall be null and void.
[Amended 5-6-2009 by Ord. No. 2009-9]
(2)
The Town Plan Commission shall give notice and provide an opportunity for the public to be heard on the final development plan and related restrictions and conditions by the following:
(a)
Publication of a Class 2 notice in accordance with § 985.07, Wis. Stats.
(b)
Regular first class mail to those owners of real estate in the Town of Cedarburg located within 1,000 feet of the boundaries of the real estate for which a planned development has been requested.
(c)
Any other person who has indicated to the Plan Commission in writing that he/she wishes to be notified.
(3)
Such notices shall be deposited in the United States mail at least seven days prior to the Town Plan Commission meeting at which such request for a planned development is to be considered.
L.
Building Inspector report on final development plan. Final building plans shall be subject to the review and recommendation of the Town Building Inspector. Recommendations shall be made in writing to the Town Board within 30 days of its submission unless the time is extended by agreement with the developer.
M.
Plan Commission report on final development plan. The Town Plan Commission shall review the final development plan for its compliance with restrictions and conditions established by the Town Board on the construction and operation of the planned development. A report of its findings together with its recommendations shall be submitted to the Town Board.
N.
Approval of final development plan. The Town Board shall review and approve the final development plans and related restrictions and conditions to determine if they are in compliance with the approved preliminary development plan and related restrictions and conditions.
O.
Recording of final development plan. The Town Clerk shall record the final development plan and related restrictions and conditions with the Register of Deeds of Ozaukee County. The recording fees shall be paid by the developer as a condition of the final development plan. No building permit shall be issued for the planned development until all review, recording and impact fees have been paid in full.
P.
Building permits. The developer shall make application for building permits to the Building Inspector, who shall issue building permits for buildings and structures in the area covered by the approved final development plan if they are in conformity with the approved final development plan and related restrictions and conditions and with all other applicable ordinances and regulations.
Q.
Failure to begin construction or establish use. If no construction has begun or no use has been established in the planned development within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be of no further effect. In its discretion and for good cause, the Town Board may extend for not more than one additional year the period for the beginning of construction or the establishment of a use. If a final development plan and related restrictions and conditions lapse under the provisions of this subsection, the Town Clerk shall file a notice of revocation with the Register of Deeds of Ozaukee County.
R.
Procedure for changes and amendments. No changes shall be made in the approved final development plan and related restrictions and conditions during the construction of the planned development except upon application to the Town Board under the procedures provided below:
(1)
Minor changes in the location, siting and height of buildings and structures may be authorized by the Plan Commission if required by circumstances not foreseen at the time the final development plan and related restrictions and conditions were approved.
(2)
All other changes in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of common open spaces, and all other changes in the approved final development plan or related restrictions and conditions must be authorized by the Town Board under the procedures authorized for approval of a planned development. No amendments may be made in the approved final development plan or related restrictions and conditions unless they are shown to be required by changes in conditions that have occurred since the final development plans and related restrictions and conditions were approved, or by a change in the development policy of the Town.
S.
Recording of changes or amendments. Any changes or amendments to the final development plan, or related restrictions or conditions which are approved by the Town Board, shall be recorded with the Register of Deeds of Ozaukee County.
T.
Development schedule.
(1)
From time to time the Building Inspector shall compare actual development accomplished with the schedule and shall report the same to the Plan Commission and Town Board.
(2)
If the owner or owners of property in an approved development have failed to meet the approved development schedule, the Town Plan Commission may recommend, and the Town Board may initiate, proceedings to repeal the approval of the final development plans and related restrictions and conditions.
U.
Certificate of completion. The Building Inspector shall issue a certificate certifying the completion of the planned development and the Town Clerk shall file a copy of the same with the Register of Deeds of Ozaukee County.
V.
Subdivision and resale.
(1)
A planned development shall not be subdivided or resubdivided for purposes of sale or lease without the prior approval of the Town Board.
W.
Permits and fees.
(1)
A fee to cover the cost to the Town of Cedarburg for reviewing the plans and specifications shall be paid. This fee is to be based on the actual amount of time spent by the staff of the Town of Cedarburg. This review fee shall be equal to twice the hourly rate paid to the respective individual of staff performing said services. Said fee set forth herein shall be in addition to other charges specified, including impact fees.
(2)
At the demand of the developer or the Town Director of Public Works, the fee may be recomputed after the work is done in accordance with the actual cost of the improvements, and the difference, if any, shall be paid or remitted to the developer.
(3)
For the services of testing labs, consulting engineers, and other personnel, the developer agrees to pay to the Town the actual charge and cost plus 5% for administration and overhead.
X.
Amendments. Any amendment to regulations, restrictions or conditions for an existing planned development must be approved by the Town Board. Such regulations, restrictions or conditions may include but are not limited to changes or alterations to landscaping, architectural design, type of construction, sureties, lighting, fencing, planting screens, operational control, hours of operation, signs, improved traffic circulation, deed restriction, highway access restrictions, minor alterations or minor additions, building height or area of existing structures, and off-street parking or loading requirement changes.