Fairwater City Zoning Code
ARTICLE XV
Mobile Homes
§ 485-93 Intent; permitted locations.
A.
Mobile home parks may be established only as a conditional use in the R-4 District and in accordance with the procedures, requirements and limitations set forth in this article. Within such mobile home parks, mobile homes, with such additional supporting uses and occupancies as are permitted herein, may be established subject to the requirements and limitations set forth in these and other regulations.
B.
For purposes of this article, a manufactured home is not a mobile home.
C.
It is the intent of this article to recognize mobile homes constructed prior to October 1, 1974, as distinct and different from units designated as mobile homes within the definitions of this article and to prohibit units not meeting the requirements for mobile homes as defined herein. Mobile homes meeting the requirements of the Uniform Dwelling Code shall not be permitted in a mobile home park except as a conditional use. Permits may be obtained only after approval by the Village Board.
D.
No person shall park, locate or place any mobile home outside of a licensed mobile home park in the Village of Fairwater, except that:
(1)
Unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such mobile home for purposes of sales display for a period not exceeding 120 days, provided that no business is carried on therein; or in an accessory private garage, building or rear yard of the owner of such mobile home, provided that no business is carried on therein.
(2)
Individual mobile homes may be allowed by the Village Board in residential districts as temporary uses not to exceed 120 days under exceptional circumstances, such as to provide temporary housing during reconstruction following a fire or natural disaster.
§ 485-94 Definitions.
A.
The following definitions are used in this article:
FOUNDATION SIDING
A fire- and weather-resistant, prefinished material surrounding the entire perimeter of a home and completely enclosing a space between the exterior wall of such home and the ground. Foundation siding shall be properly vented, harmonious, and compatible with the house and installed within 60 days from the date of placement on site.
MOBILE HOME
A single-family dwelling built on or after October 1, 1974, in accordance with the ANSI Code (American National Standards Institute) or in accordance with the HUD Code (Housing and Urban Development), both of which govern the heating and cooling systems, electrical systems, fire safety, body and frame construction, thermal protections and plumbing systems. All said homes shall bear the proper approved Wisconsin insignia as required by the Wisconsin Administrative Code, §§ SPS 320.12 to 320.17. "Mobile home" also means a dwelling which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used, and includes any additions, attachments, annexes, foundations and appurtenances, except that a mobile home is not deemed a mobile home if the assessable value of such additions, attachments, annexes, foundations and appurtenances equals or exceed 50% of the assessable value of the mobile home. The term "mobile home" shall not include a factory-built structure meeting the following requirements:
(1)
Intended to be set on a foundation by virtue of its construction.
(2)
Which is normally transported only once, from the factory to the construction site.
(3)
Which, from its very beginning, is designed to be permanently affixed to land.
MOBILE HOME PARKS
Mobile home /parks are distinguished from subdivisions lacking common facilities and continuing management services. The latter would be controlled by general subdivision regulations, which would apply also to mobile home subdivisions without common open space or continuing management.
MOBILE HOME SUBDIVISION
A parcel of land platted for subdivision according to all requirements of the Comprehensive Plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by mobile homes.
B.
Statutory definitions. In addition to the above definitions, definitions contained in § 66.0435, Wis. Stats., shall also be applicable.
§ 485-95 Existing mobile homes.
A.
Nonconforming mobile homes located and occupied on premises outside a licensed mobile home park prior to the enactment of this chapter may be continued in such location. Such nonconforming use shall be automatically terminated upon a discontinuance for any reason for 12 consecutive months or if the total structural repairs and alterations to the mobile home exceed 50% of the net value.
B.
The owner or occupant of a mobile home shall, within five days after entering a licensed mobile home park or removing to another park within the Village, obtain a permit from the Village Clerk. Such permits shall be issued only for mobile homes which bear a seal, stamp or certificate of the manufacturer guaranteeing that the mobile home is constructed in accordance with the standards of the American National Standards Institute Book A 119.1, as originally existing, or, if amended, as amended.
C.
Nothing herein shall prevent the owner of a mobile home under Subsection A hereof from replacing the mobile home with a newer model, provided that the replacement unit meets all applicable standards of construction in the industry existing as of the date of replacement, not at the date of manufacture of the replacement unit.
§ 485-96 Minimum area for mobile home park.
A.
Where a mobile home park is to be established for the development of a single mobile home community, the minimum area shall be two acres. Minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 25% of total units permitted on the site.
B.
These limitations shall not apply where expansion of an existing mobile home park is concerned and where such expansion will not increase variation from requirements applying to mobile home parks as set forth herein.
§ 485-97 Permitted uses and structures.
A.
Permitted principal uses and structures. The following principal uses and structures are permitted within authorized mobile home parks: one-family detached mobile homes (residential mobile home) and other uses specified in § 485-99Q. In mobile home parks, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted, but dwellings may be sold on lots they occupy in residential use.
B.
Permitted accessory uses and structures. Uses and structures that are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted, except for those requiring specific approval as provided below.
§ 485-98 Mobile home park developer's permit.
A.
No person shall construct or extend any mobile home park or mobile home park building or facility within the limits of the Village without first securing a mobile home park developer's permit from the Village. Such permits shall be issued by the Village Clerk upon approval by the governing body.
B.
Applications for mobile home park developer's permits shall be filed with the Village Clerk with sufficient copies for the Village Clerk to forward one each to the Building Inspector and Fire Inspector, who shall investigate and review said application to determine whether the applicant, the premises on which said park will be located and the proposed design and specifications thereof and all buildings proposed to be constructed thereon will comply with the applicable regulations, ordinances and laws of the state and Village and report their findings, in writing, to the governing body within 60 days. Such reports shall be considered by the governing body before any permit is issued hereunder. Failure of any officer or body to report within the allotted time shall be deemed a favorable recommendation.
C.
Applications for a mobile home park developer's permit shall be accompanied by a fee as set by the Village Board to cover the cost of investigation and processing, plus regular building permit fees for all buildings or structures to be erected within the proposed park.
D.
Applications shall be made on forms furnished by the Village Clerk and shall include the following information:
(1)
Name and address of applicant.
(2)
Location and legal description of the proposed park, addition, modification or extension.
(3)
A complete plot plan showing compliance with all applicable provisions of this chapter and the Municipal Building Code and zoning and subdivision ordinances.
(4)
Complete preliminary engineering plans and specifications, including a scale drawing of the proposed park showing, but not limited to:
(a)
Plans and specifications of all utilities, including sewage collection and disposal, stormwater drainage, water and electrical distribution and supply, refuse storage and collection, lighting, and telephone and television antenna systems.
(b)
Location and width of roadways and walkways, buffer strips, and recreational and other common areas.
(c)
The location of mobile home stands with the mobile home spaces, including a detailed sketch of at least one typical mobile home space and stand therein.
(d)
Landscape plan showing all plantings.
(e)
Plans and specifications of all park buildings and structures.
(5)
Interest of applicant in proposed mobile home park or extension thereof. If owner of tract is a person other than applicant, a duly verified statement by the owner that applicant is authorized by him to construct and maintain the proposed park, addition, modification or extension and make the application.
(6)
Written statements describing proposed park operations, management and maintenance, including proposed fees and charges and other requirements to be imposed on park occupants by the park operator.
E.
Final engineering plans and specifications complying with the provisions of this article and the zoning regulations and any modifications or conditions imposed by the governing body shall be submitted to the Village Clerk and checked by the proper municipal officials for compliance before the permit is issued.
§ 485-99 Standard requirements for mobile home parks, additions or extensions.
All mobile home parks and modifications of or additions or extensions to existing parks shall comply with the following:
A.
Chapter SPS 326, Manufactured Home Communities, Wis. Adm. Code, as now existing or hereafter amended, is hereby made a part of this chapter and incorporated herein by reference as if fully set forth, except that such regulations shall not be deemed to modify any requirement of this chapter or any other applicable law or ordinance of the state or Village.
B.
Mobile home spaces shall be a minimum of 50 feet wide and 100 feet in depth, have a setback of 20 feet from all street rights-of-way, and have a side yard setback of 10 feet, except that driveways may extend to within four feet of a property line. Accessory structures, such as awnings, cabanas, storage cabinets, carports, windbreaks or attached porches, shall be considered part of the unit for purposes of determining compliance with this provision. No mobile home site shall be rented for a period of less than 30 days. Unless adequately screened by existing vegetative cover, a mobile park shall be screened around its outer perimeter by a planting of hedges or trees capable of reaching a height of 15 feet or more, the individual trees to be such a number and so arranged that within 10 years they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent planting shall be grown or maintained to a height of not less than 15 feet when mature.
C.
No mobile home park shall be laid out, constructed or operated without Village sanitary sewer service.
D.
All liquid wastes originating at units or service or other buildings shall be discharged into a sewerage system extended from and connected with the public sewerage system. Such systems shall comply with all provisions of the state code and Village ordinances relating to plumbing and sanitation. Each individual space shall be provided with a three-inch watertight sewer connection protected from damage by heaving and thawing or parking of the unit and located within the rear 1/3 of the stand, with a continuous grade which is not subject to surface drainage, so constructed that it can be closed when not in use and trapped in such a manner that it can be kept odor free.
E.
Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the Village Board. Open burning of waste or refuse is prohibited.
F.
All television cable systems, electrical and telephone distribution lines and oil or gas piping serving the park or spaces therein shall be installed underground. Distribution systems shall be new and all parts and installations shall comply with all applicable federal, state and local codes.
G.
Each space shall be provided with direct electrical service of not less than 100 amperes for 220 volt service.
H.
A minimum of two off-street parking spaces surfaced with bituminous concrete or similar material capable of carrying a wheel load of 4,000 pounds shall be provided for each mobile home space.
I.
Condition of soil, groundwater level, drainage and topography shall not create hazards to the property, health or safety of occupants of mobile home spaces or living units. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property within or without the park to hazards.
J.
Exposed ground surfaces in all parts of every mobile home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.
K.
The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, sanitary and efficient manner.
L.
All parks shall be furnished with individual outdoor lot lighting of 25 to 60 watts so spaced and equipped with luminaires placed for the safe movement of pedestrians and vehicles at night.
M.
All mobile home spaces shall abut upon a street. All streets shall be provided with a smooth, hard and dense surface which shall be well drained under normal use and weather conditions for the area. Pavement edges shall be curbed and protected to prevent raveling of the wearing surface and shifting of the pavement base. Grades of streets shall be sufficient to ensure adequate surface drainage but not more than 8%, provided that a maximum grade of 12% may be used if approved by the Village Board as safe and designed to avoid traffic hazards. Streets shall be at approximately right angles within 100 feet of an intersection. Intersections of more than two streets at one point shall not be allowed. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets.
N.
All parks shall be provided with pedestrian walks between individual mobile homes, park streets and community facilities of not less than three feet in width. Grade and surfacing of walks shall be approved by the Village Board as safe and comparable to sidewalks in other areas of the municipality subject to similar usage, except that, as an alternative, inverted curbing may be used which provides approximately three feet of concrete walking area adjacent to the curbline.
O.
All mobile home parks shall have a greenbelt or buffer strip not less than 10 feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all mobile home parks shall be provided within such greenbelt or buffer strip with screening of natural growth or screen fence, except where the adjoining property is also a mobile home park. Compliance with this requirement shall be made within five years from the granting of the mobile home park developer's permit. Screening or planting requirements may be waived or modified by the governing body if it finds that the exterior architectural appeal and functional plan of the park, when completed, will be materially enhanced by modification or elimination of such screen planting requirements.
P.
Mobile home park operators shall, at the time of approval, pay the park development fees required for conventional subdivisions in Chapter 477, Subdivision of Land, of this Code.
Q.
Single-family nondependent mobile homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off-street parking lots, one park office and service buildings for exclusive use of park residents shall be the only permitted uses in mobile home parks, provided that the Village Board may approve the following uses when designed and limited to exclusive use of park residents:
(1)
Laundromats.
(2)
Clubhouses and facilities for private, social or recreation clubs.
(3)
Swimming pools.
R.
No signs shall be erected in mobile home parks.
S.
All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home space. Entrances to parks shall be designed to minimize congestion and traffic hazards and allow free movement of traffic on adjacent streets.
§ 485-100 Mobile home park operator's license.
A.
It shall be unlawful for any person to establish, operate, maintain or administer or permit to be established, operated or maintained upon any property owned, leased or controlled by him a mobile home park within the Village without a valid, unexpired mobile home park license issued by the Village Clerk and approved by the Village Board upon determination that the standards in this section have been met and payment of the required fees.
B.
Mobile home park licenses shall be issued for a calendar year and shall expire on December 31 next succeeding date of issue. Licenses may be issued after January 1 of any year but no rebate or diminution of the fee shall be allowed therefor.
C.
The annual fee for a mobile home park license shall be as set by the Village Board; such fee shall also be paid upon the renewal of such license. Licenses may be transferred during a license year for a fee as set by the Village Board.
D.
Licenses granted under this section shall be subject to revocation or suspension by the governing body for cause in accordance with § 66.0435(2), Wis. Stats., and the procedures in that section shall be followed. "Cause" as used in this subsection shall include but not be limited to:
(1)
Failure or neglect to abide by the requirements of this chapter or the laws or regulations of the State of Wisconsin relating to mobile home parks and their operation.
(2)
Conviction of any offense under the laws of the state or ordinances of the Village relating to fraudulent or misleading advertising or deceptive practices regarding the sale or renting of mobile homes or the leasing or rental of mobile home spaces or sale, lease or operation of park facilities.
(3)
Operation or maintenance of the mobile home park in a manner inimical to the health, safety or welfare of park occupants or the inhabitants of the Village, including but not limited to repeated violations of laws or ordinances relating to health, sanitation, refuse disposal, fire hazards, morals or nuisances.
(4)
Transfer or sale of an ownership interest in any mobile home space or the underlying land other than to another eligible licensee. Such action shall also subject the owner of the underlying land to all requirements of the state or municipal subdivision control laws and regulations regardless of the size or number of lots or spaces so transferred or sold.
E.
Except as provided in Subsection F of this section, no mobile home park license shall be granted for any premises or to any person not meeting the following standards and requirements:
(1)
All standards and requirements set forth in § 485-101 except as specifically waived or modified, in writing, by the Village Board and endorsed on the mobile home park developer's permit. This requirement includes a valid certificate from the Wisconsin Department of Safety and Professional Services that the park complies with the provisions of Ch. SPS 326, Manufactured Home Communities, Wis. Adm. Code, applicable thereto.
(2)
Mobile home parks should be used only for the parking and occupancy of single-family nondependent mobile homes and accessory structures and appurtenances and uses.
(3)
Applicant shall file with the Village Board certificates certifying that all equipment, roads, sanitary facilities, water facilities and other equipment and facilities have been constructed or installed in the park as required by this chapter and are in required operating condition at the time of said application. In addition, the Building Inspector and the Fire Inspector shall inspect or cause to be inspected each application and the premises to determine compliance with all applicable laws, regulations and ordinances applicable thereto. These officials shall furnish the Village Board, in writing, the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for which the officer is certifying.
(4)
Location and operation of the park shall comply with all zoning and land use ordinances of the state and Village.
F.
Mobile home parks in existence and operating under a valid mobile home park license upon the effective date of this chapter, including parks in areas hereafter annexed to the Village, shall be exempt from the requirements hereof relating to land use and occupancy, provided that such use and occupancy complied with the applicable laws and ordinances in effect at the time of issuance of the original license, but shall file application for a mobile home park developer's nonconforming use permit and comply with all other provisions of this chapter within six months after the effective date hereof, provided that an existing mobile home park shall not increase its density and shall be operated in other respects in accordance with this chapter. The governing body may extend the time for compliance as herein required upon such conditions as it shall determine necessary to protect the health, safety and welfare of park occupants or inhabitants of the Village. All extensions, modifications or additions to lawfully licensed existing parks or facilities or structures therein shall comply with this chapter.
§ 485-101 Operation of mobile home parks; responsibilities of park management.
A.
In every mobile home park there shall be located an office of the attendant or person in charge of said park. A copy of the park license and of this chapter shall be posted therein and the park register shall, at all times, be kept in said office.
B.
The attendant or person in charge and the park licensee shall operate the park in compliance with this chapter and regulations and ordinances of the Village and state and their agents or officers and shall have the following duties:
(1)
Maintain a register of all park occupants, to be open at all times to inspection by state, federal and municipal officers, which shall show:
(a)
Names and addresses of all owners and occupants of each mobile home.
(b)
Number of children of school age.
(c)
State of legal residence.
(d)
Dates of entrance and departure of each mobile home.
(e)
Make, model, year and serial number or license number of each mobile home and towing or other motor vehicles and state, territory or country which issued such licenses.
(f)
Place of employment of each occupant, if any.
(2)
Notify park occupants of the provisions of this chapter and inform them of their duties and responsibilities and report promptly to the proper authorities any violations of this chapter or any other violations of law which may come to their attention.
(3)
Report to Village law enforcement officials all cases of persons or animals affected or suspected of being affected with any dangerous communicable disease.
(4)
Supervise the placement of each mobile home on its stand, which includes securing its stability and installing all utility connections and tie-downs.
(5)
Maintain park grounds, buildings and structures free of insect and rodent harborage and infestation and accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(6)
Maintain the park free from growth of noxious weeds.
(7)
Maintain the park free of litter, rubbish and other flammable materials and provide portable fire extinguishers of a type approved by the Fire Inspector in all locations designated by the Fire Inspector and maintain such extinguishers in good operating condition and cause every area within the park designated as a fire lane by the Fire Inspector to be kept free and clear of obstructions.
(8)
Check to ensure that every mobile home unit has furnished, and in operation, a substantial, fly-tight, watertight, rodentproof container for the deposit of garbage and refuse in accordance with the ordinances of the Village.
(9)
Provide for the sanitary and safe removal and disposal of all refuse and garbage at least weekly. Removal and disposal of garbage and refuse shall be in accordance with the laws of the State of Wisconsin and the ordinances and regulations of the municipality.
(10)
Allow inspections of park premises and facilities at reasonable times by municipal officials or their agents or employees as provided by § 485-103B of this chapter.
§ 485-102 Responsibilities and duties of mobile home park occupants.
A.
Park occupants shall comply with all applicable requirements of this chapter and regulations issued hereunder and shall maintain their mobile home space, its facilities and equipment in good repair and in a clean and sanitary condition.
B.
Park occupants shall be responsible for proper placement of their mobile homes on the mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.
C.
No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to cause any nuisance within the limits of any mobile home park.
D.
Each owner or occupant of a nonexempt mobile home within a mobile home park shall remit to the licensee or authorized park management the cash deposit and monthly parking permit fee.
E.
It shall be the duty of every occupant of a park to give the park licensee or management, or his agent or employee, access to any part of such park or mobile home premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter or any law or ordinance of the state or Village or lawful regulation or order adopted thereunder.
F.
Mobile homes shall be parked only on the mobile home stands provided and shall be placed thereon in accordance with all requirements of this chapter.
G.
No mobile home owner or occupant shall conduct in any unit or any mobile home park any business or engage in any other activity which would not be permitted in single-family residential areas in the Village.
H.
No person shall discharge any wastewater on the surface of the ground within any mobile home park.
I.
No person shall erect or place upon any mobile home space any permanent or temporary structure intended to be used for dwelling purposes or in connection with any mobile home unit except as specifically authorized by this chapter.
§ 485-103 Additional regulations.
A.
Wrecked, damaged or dilapidated mobile homes shall not be kept or stored in a mobile home park or upon any premises in the Village. The Building Inspector or Village Board shall determine if a mobile home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes are hereby declared to be a public nuisance. Whenever the Building Inspector or Village Board so determines, he or it shall notify the licensee or landowner and owner of the mobile home, in writing, that such public nuisance exists within the park or on lands owned by him giving the findings upon which his or its determination is based and shall order such home removed from the park or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.
B.
Authorized representatives of the Village Board are authorized and directed to inspect mobile home parks not less than once in every twelve-month period to determine the health, safety and welfare of the occupants of the park and inhabitants of the Village as affected thereby and the compliance of structures and activities therein with this chapter and all other applicable laws of the state and ordinances of the Village.
C.
Fires in mobile home parks shall be made only in stoves and other cooking or heating equipment intended for such purposes. Outside burning is prohibited except by permit and subject to requirements or restrictions of the Fire Chief.
D.
All plumbing, building, electrical, oil or gas distribution, alterations or repairs in the park shall be in accordance with the regulations of applicable laws, ordinances and regulations of the state and municipality and their authorized agents and may be performed by a professional mobile home service technician.
E.
All mobile homes in mobile home parks shall be skirted unless the unit is placed within one foot vertically of the stand with soil or other material completely closing such space from view and entry by rodents and vermin. Areas enclosed by such skirting shall be maintained free of rodents and fire hazards.
F.
No person shall construct, alter or add to any structure, attachment or building in a mobile home park or on a mobile home space without a permit from the Building Inspector. Construction on or addition or alteration to the exterior of a mobile home shall be of the same type of construction and materials as the mobile home affected. This subsection shall not apply to addition of awnings, antennas or skirting to mobile homes. Accessory structures on mobile home spaces shall comply with all setback, side yard and rear yard requirements for mobile home units.
G.
Storage under mobile homes is prohibited.
§ 485-104 Plumbing, electrical and building work.
All plumbing, electric, electrical, building and other work on or at any mobile home park under this chapter shall be in accordance with the ordinances of the Village and the requirements of the State Plumbing, Electrical and Building Codes and the regulations of the State Department of Safety and Professional Services. Licenses and permits granted under this chapter grant no right to erect or repair any structure, to do any plumbing work or to do any electric work.
§ 485-105 General site planning for mobile home parks.
The following guides, standards and requirements shall apply in site planning for mobile home parks:
A.
Principal vehicular access points. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the mobile home park in such a way as to encourage the use of such minor streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.
B.
Access for pedestrians and cyclists. Access for pedestrians and cyclists entering or leaving the community shall be by safe and convenient routes. Such ways need not be adjacent to or limited to the vicinity of vehicular access points. Where there are crossings of such ways and vehicular routes at edges of planned developments, such crossings shall be safety located, marked and controlled, and where such ways are exposed to substantial vehicular traffic at edges of communities, safeguards may be required to prevent crossings except at designated points. Bicycle paths, if provided, shall be so related to the pedestrianway system that street crossings are combined.
C.
Protection of visibility; automotive traffic, cyclists and pedestrians. At intersections of any streets, public or private, the provisions of § 485-43 shall apply and are hereby adopted by reference.
D.
Ways for pedestrians and/or cyclists in exterior yards. In any exterior yard, required or other, ways for pedestrians and/or cyclists may be permitted, if appropriately located, fenced or landscaped to prevent potential hazards arising from vehicular traffic on adjacent streets or other hazards and annoyances to users or to occupants of adjoining property. When otherwise in accord with the requirements concerning such ways set forth above, approved ways in such locations shall be counted as common recreation facilities and may also be used for utility easements.
E.
Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular:
(1)
Streets, drives and parking and service areas. Streets, drives and parking and service areas shall provide safe and convenient access to dwellings and community facilities and for service and emergency vehicles, but streets shall not be so laid out as to encourage outside traffic to traverse the community, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the community into small blocks. In general, block size shall be the maximum consistent with use, the shape of the site and the convenience and safety of the occupants.
(2)
Vehicular access to streets. Vehicular access to streets from off-street parking areas may be direct from dwellings if the street or portion of the street serves 50 units or fewer. Determination of units served shall be based on normal routes anticipated for traffic. Along streets or portions of streets serving more than 50 dwelling units, or constituting major routes to or around central facilities, access from parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic conveniently, safely and in a manner that minimizes marginal traffic friction, and direct vehicular access from individual dwellings shall generally be prohibited.
(3)
Ways for pedestrians and cyclists; use by emergency, maintenance or service vehicles.
(a)
Walkways shall form a logical, safe and convenient system for pedestrian access to all dwellings, project facilities and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet.
(b)
Walkways to be used by substantial numbers of children as play areas or routes to school, bus stops or other destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic. If an internal walkway system is provided, away from streets, bicycle paths shall be incorporated in the walkway system. Street crossings shall be held to a minimum on such walkways and shall be located and designated to provide safety and shall be appropriately marked and otherwise safeguarded. Ways for pedestrians and cyclists, appropriately located, designed and constructed, may be combined with other easements and used by emergency, maintenance or service vehicle but shall not be used by other automotive traffic.