The conservation design development option gives design flexibility to preserve unique or sensitive natural areas including groundwater recharge areas, floodplains, wetlands, streams, steep slopes, woodlands, wildlife habitat, and environmental corridors.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The two types of conservation design developments that are allowed are as follows:

(1)

A unified and planned development of a site, in single ownership, in a partnership, in corporate ownership, or in common ownership under the Condominium Ownership Act (Wis. Stats. § 703.01 et seq.) at the time of development, without the customary division into individual lots; and

(2)

The development of the parcel into individual lots with common, corporate or public open space.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Conservation design developments are only allowed in the following base districts: C-1, A-1, RH, SE, and R-1.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

At the time of establishment, all land within a conservation design project shall be under single ownership or control.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Generally. The ultimate allowable density is determined by the town board based upon recommendations of the plan commission and consultations with the developer and shall not be more than the density allowed in the residential density factor chart with consideration of the following factors:

(1)

Traffic and capacity of public roads in the area;

(2)

The terrain of the site and the adjacent properties;

(3)

The adjacent land uses and their densities;

(4)

Soil suitability of the site;

(5)

Drainage patterns and the need for area-wide stormwater facilities; and

(6)

Compliance with the town's official map.

(b)

Maximum density. The maximum number of residential units in a conservation subdivision is based on the net buildable acreage and the appropriate residential density, both of which are described herein.

The net buildable acreage is calculated by subtracting the following from the area of the subject property:

The following residential density factors shall be utilized to compute the maximum number of residential units in accordance with the table below. Depending on the size of the lots in the development, a density bonus is possible.

Furthermore, the density may be increased as a result of transfer of development rights as provided in division 3 of this article.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Minimum area without a density transfer. If the project does not involve a density transfer as allowed in division 3 of this article, at least 40 percent of the subject property must be designated as common or public open space and located in an outlot. No more than 20 percent of the required open space may be zoned C-1.

(b)

Minimum area with a density transfer. If the project involves a density transfer as allowed in division 3 of this article, at least 30 percent of the subject property must be designated as common or public open space and located in an outlot. No more than 20 percent of the required open space may be zoned C-1.

(c)

Ownership. The open space may be in public ownership, private conservation organization ownership or an undividable interest acceptable to the town board, or private ownership with an open space easement to assure that the open space will be permanent.

(d)

Lands to be included. The area set aside for open space must include all the following physical features located on the subject property:

(1)

100-year floodplain;

(2)

Wetlands;

(3)

A minimum 75-foot buffer along all perennial or intermittent streams or public bodies of waters;

(4)

Slopes over 20 percent in at least 5,000 square feet of contiguous area;

(5)

Known populations of endangered or threatened species and habitat;

(6)

Archeological sites; and

(7)

Environmental areas as designated on the town master plan and park and open space plan.

(e)

Proximity to lots. The open space areas shall be conveniently accessible to all residential dwelling units within the project, and be a meaningful and useful area for such intended open use. It is the intent of this subsection to ensure that all lot owners are in close proximity to the open space, and to maintain a maximum amount of open space.

(f)

Permissible development. While every attempt is being made to protect the environmental characteristics of the site, a maximum of two percent of such open space areas may be impervious, which may be used for limited construction of recreationally related structures, roads, parking areas, and trails. The plan commission and the town board may modify this maximum requirement in conformance with the overall intent of these provisions while also protecting the public interest.

Buildings or uses for noncommercial, recreational or accessory facilities may be permitted in such open space, subject to town board approval.

(g)

Permissible uses in open space areas. The open space areas may be used for one or more of the following uses as approved by the town board:

(1)

Conservation type uses;

(2)

Passive recreational activities;

(3)

Trails;

(4)

Preservation of archeological and historical sites;

(5)

Agricultural, horticultural and other pasture uses, which follow all applicable best management practices to minimize environmental impact, subject to approval of the town board;

(6)

Dedication to a public entity or nonprofit conservation organization in accordance with the adopted town park and open space plan; and

(7)

community facilities such as swimming pools, tennis courts, play structures or equestrian facilities.

(h)

Leasing of common open space may require restrictions on the access of the residents. It relieves the homeowners of the responsibility of maintenance of the green space and may generate income. The open space may be leased to a farmer for agricultural activities conducted according to acceptable terms. A conservation easement or restrictive covenants must detail the operation and maintenance responsibilities associated with the ownership and enforcement responsibilities of holders of said easement or restrictions.

(i)

Adequate guarantees shall be provided for permanent retention of the open space resulting from these regulations either by private reservation for the use of the residents of the development or others as may be specifically provided for (i.e., farmer's use of open space, dedication to a public entity or transfer to a conservation organization).

(j)

Perpetual care and maintenance of such open space and structures shall be provided for, and an operational plan shall be submitted for specific approval and inclusion in the terms of the permit. Ownership and tax liability of the open space shall be established in a manner acceptable to the town board and town attorney, and shall be made a part of the conditions of approval.

(k)

The developer shall enter into a developer's agreement with the town to guarantee the implementation of the developments of the open space according to the terms or the conditions established as part of the development plan approval.

(l)

Perpetual care and maintenance. Perpetual care and maintenance of the open space shall be provided for by an agreement recorded with the county register of deeds office. The agreement shall include an operation plan, which shall preserve the natural qualities of the environmentally sensitive lands. Agreements shall be submitted to and approved by the plan commission, the town board, and the town attorney.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

The plan commission, in its action, shall give consideration to and be satisfied as to the following:

(1)

The proposed development is consistent with the spirit and intent of this chapter and will not be contrary to the general welfare and economic prosperity of the town, but rather that the benefits derived by utilizing the conservation design development and, in keeping with the current economic and social consideration, justifies the application of the conservation design development technique;

(2)

Such development conforms to the adopted master plan of the town and its components;

(3)

The size, quality, and architectural design of all buildings in the project shall not be of such as to have an adverse effect upon the general character of the town or the surrounding neighborhood;

(4)

Functional utility and relationship of the lots or units to the common open space and facilities provided shall be of such quality, size, and aesthetic value as to meet the purpose and intent of this chapter, and that all other required preserved areas are preserved or protected unless disturbed to accommodate a road as designated on the town's official map;

(5)

The approval shall be based upon satisfaction of standards of this chapter and shall include any conditions of approval applicable thereto, regarding the building design, site layout, and operational plans, as well as all other commitments offered and required in regard to project value, character, or other factors pertinent to an insurance that the proposed development will be carried out as approved;

(6)

The plan will result in preservation of open land in a manner, which will enhance the total environmental setting and desirability of the development and of the neighborhood and that adequate guarantee is provided for permanent retention as common open space of the residential open land areas resulting from the application of these standards. These are by private reservation or by dedication to the public; and

(7)

Ownership and tax liability of the private open space preservation areas shall be established in a manner acceptable to the town attorney and made a part of the conditions of this specific plan approval.

(b)

A conservation design development, in the judgment of the town board after recommendation by the plan commission, shall meet the following standards:

(1)

Provide valuable and important open space;

(2)

Assure attractive and appropriate building improvements and configurations;

(3)

Allow improvements and facilities necessary to serve the residents and/or users of the development;

(4)

Have adequate area for on-site sewage disposal and water facilities for each dwelling unit;

(5)

Provide adequate area for on-site drainage systems such as porous pavement, rain gardens and infiltration swales and area wide stormwater facilities;

(6)

Are compatible with adjacent land uses; and

(7)

Preserve groundwater recharge areas designated by the Southeastern Wisconsin Regional Planning Commission or the state department of natural resources by promoting on-site sustainable land use and integrated water resource management practices.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The general steps outlined below shall be used in the review of an application for the establishment of a conservation design subdivision.

(1)

Site visit. Prior to filing an application, the applicant is encouraged to hold a site visit on the subject property consistent with the procedures and requirements in article IV. Although a site visit is optional, it could perhaps be the most critical of the entire design and review process, because it enables the applicant, the staff, and the plan commission and town board to work together to fully understand the site and its potential for carefully designing a development around an open space network.

(2)

Submittal of application materials. The applicant submits a completed application and other required materials to the zoning administrator along with the application fee as may be established by the town board.

(3)

Determination of completeness. The zoning administrator reviews the submittal within ten days of receiving the application and other required materials to make sure it is complete and ready for further review. If it is not complete, the zoning administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The zoning administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

(4)

Review date. When the zoning administrator determines the application is complete, he or she schedules the review with the plan commission consistent with its adopted calendar.

(5)

General notice. Consistent with division 2 of article IV, the zoning administrator shall provide for class 2 public notice, property owner notice, and meeting agenda notice.

(6)

Staff report preparation and distribution. The zoning administrator shall prepare a written staff report and provide a copy of it to each member of the plan commission and town board, the applicant, and any other interested person upon request.

(7)

Joint public hearing. Allowing for proper notice, the plan commission and the town board shall conduct a joint public hearing to review the application consistent with division 3 of article IV. Prior to the close of the public hearing, the applicant, the plan commission, or the town board may request a continuance consistent with division 3 of article IV. If the public hearing is adjourned, the plan commission may direct the zoning administrator, the town engineer, and/or town attorney to conduct additional research related to the proposed district and to prepare such documents it deems necessary, including a preliminary decision document.

(8)

Staff follow-up. After the close of the public hearing, the plan commission may direct the zoning administrator, town engineer, and/or the town attorney to prepare a preliminary decision document.

(9)

Recommendation. At a subsequent meeting of the plan commission, the plan commission shall make a recommendation to the town board based on the decision criteria listed in this division to:

a.

Approve the conservation design subdivision;

b.

Approve the conservation design subdivision with conditions; or

c.

Deny the conservation design subdivision.

(10)

Decision. After considering the plan commission's recommendation, the town board shall make a decision based on the decision criteria listed in this division to:

a.

Approve the conservation design subdivision;

b.

Approve the conservation design subdivision with conditions; or

c.

Deny the conservation design subdivision.

(11)

Preparation of decision notice. Based on the action of the town board, the zoning administrator shall prepare a decision notice consistent with this division.

(12)

Applicant notification. Within a reasonable time following the town board's decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.

(13)

Acceptance by property owner required if approved. The property owner must sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within two months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the town clerk requesting an extension and the town board may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision is null and void without any further action by the town. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk.

If the proposed project is approved, the petitioner must then submit all required applications under the land division regulations and obtain approval.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Any subsequent changes or additions to an approved plan shall first be submitted for approval to the plan commission and, if it is the commission's opinion such change or addition is not substantial, it may recommend approval to the town board. The following shall automatically be construed to be substantial:

(1)

An increase in the number of dwelling units from that shown in the approved project;

(2)

A significant change in the size, value, or type of structure from that indicated in the approval;

(3)

The addition of any principal uses not included in the approval; and

(4)

Any change in the basic concept of the site development, which would significantly alter the relationship of uses or open space to adjoining properties.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The application submittal for a conservation subdivision design shall include the following:

(1)

An application form as used by the town;

(2)

Site analysis plans prepared at an appropriate scale and as described herein;

(3)

Sketch plans prepared at an appropriate scale and as described herein;

(4)

Conservation design development map prepared at an appropriate scale and as described herein; and

(5)

A development schedule, if the project is to be constructed in phases, which includes the anticipated beginning date and ending date of each phase and a description of those project-related elements to be completed in each phase.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

A site analysis depicts important site features to ensure such features have been addressed through the site design process. The site analysis map must show:

(1)

Property boundaries;

(2)

Topographic contours with intervals of two feet or less;

(3)

Streams, rivers, lakes, wetlands, and other hydrological features;

(4)

Primary and secondary environmental corridors and isolated natural areas labeled by type;

(5)

Historic features;

(6)

General vegetation characteristics;

(7)

General soils types by group;

(8)

All class I and II soils for agricultural uses;

(9)

Groundwater recharge areas designated by the Southeastern Wisconsin Regional Planning Commission or the state department of natural resources;

(10)

Existing roads;

(11)

Open space and trails traversing, or adjacent to the site, whether existing or planned;

(12)

The proposed open space areas; and

(13)

Any other site information reasonably necessary for the plan commission or the town board to make a determination.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

A sketch plan shows the conceptual layout of a project. For the purposes of this part, a petitioner must submit a sketch plan for each of the following:

(1)

A conventional subdivision layout that complies with the zoning district requirements and the town's land division and development control ordinance;

(2)

A planned unit development that complies with all requirements set forth in this chapter and the town's land division and development control ordinance; and

(3)

A conservation design development that complies with all requirements set forth in this chapter and the town's land division and development control ordinance.

(b)

The individual sketch plan for the conservation design development must be prepared by using a four-step process, which includes the following:

(1)

A detailed site analysis of all the physical features and resources of the subject property;

(2)

Submit a map showing the number and location of the individual house sites as allowed by the density of the applicable zoning district;

(3)

Locate the proposed roads to accommodate all proposed home sites while preserving the physical features of the site and complying with the road standards in the town land division and development control ordinance; and

(4)

Designate lot lines for the house sites in accordance with the minimum lot size requirements of this chapter.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

A conservation design development map shows the proposed layout of the project and includes the following:

(1)

The size, arrangement, and location of all lots, blocks, and all proposed buildings or building groups located within the common area;

(2)

The pattern of public streets, existing and proposed utility easements, and other public improvements;

(3)

The location of recreational open space and areas reserved or dedicated for use by the residences;

(4)

The general landscape treatment with particular attention given to the treatment and creation of buffer zones between the proposed cluster development and any adjacent development whether residential or otherwise;

(5)

Existing topography and stormwater drainage, and proposed stormwater drainage systems, showing basic topographic changes and proposed grading elevations;

(6)

All types and locations of trees greater than eight-inch caliper in the buildable area. This requirement may be waived by the plan commission if it is determined during a site visit that no public or private improvements will occur on areas on the site containing the trees;

(7)

A completed town land division review checklist;

(8)

Statistical data on the total size of the project area, area of the open space, density computations, proposed number and types of residential units, an economic and market analysis, impact on municipal services, wetlands, groundwater and other environmentally sensitive areas and any other pertinent data required by the plan commission or town board;

(9)

A general summary of financial factors such as value of the structures, estimated improvement costs, amounts proposed for landscaping and special features, and total anticipated development cost of project;

(10)

Anticipated amounts of impervious surface including all proposed public and private improvements;

(11)

General outline of intended organizational structure related to property owner's association, architectural review committee, deed restrictions, and provision of utility and other services;

(12)

A project staging plan which outlines a timetable for project development including, but not limited to, road cutting, utility hookups, building constructions, landscaping, and open space/recreational areas provisions; and

(13)

An environmental impact assessment of loss of plant species and animal habitat, farmland, wetlands, soil erosion, surface and groundwater hydrology, water quality, aquatic species and air resources may be required if deemed reasonably necessary by both the town board and the plan commission.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

A conventional planned unit development allows more flexibility in the development of land while ensuring compliance with the basic intent of this chapter and the town's comprehensive plan.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The application of these regulations will be classified as follows:

(1)

Rural-residential PUD: Defined as areas that utilize private waste disposal and water systems.

(2)

Urban-residential PUD: Defined as areas that utilize public waste disposal and water systems. (A private sewerage disposal plant will not be accepted as an alternative to the public facility required.)

(3)

Commercial PUD: Permitted only in areas zoned for these uses and utilizing either public or private waste disposal and water systems.

(4)

Mixed PUD:

a.

The proposed mixture of commercial and residential uses shall produce a unified composite which is compatible both within itself and with the surrounding neighborhood.

b.

The mixed uses shall conform to the general requirements applicable to each of them as set forth in this subsection.

c.

The maximum allowable dwelling unit density shall be computed using only the residential portion of the total planned development area.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Lot density. The maximum allowable densities shall not be greater than those permitted in the underlying (i.e., original) zoning district. The ultimate allowable density is determined by the town board based upon recommendations of plan commission and consultations with developer.

The specific allowable maximum number of dwelling units is computed by dividing the total area allowable for density computations by the appropriate residential density factor. Existing public right-of-way or existing public open space easements may not be included in the area for density computation.

The following residential density factors (RDF) are utilized to compute the maximum dwelling units of the planned development district. Land in the C-1 district may be used to augment the otherwise applicable density in one of the two following ways, whichever allows the least additional density:

(1)

Twenty percent of the area of lands which are zoned C-1 conservancy district within the project may be used to augment the project density; or

(2)

Five percent of that part of the total project area which is zoned other than C-1 conservancy district may be used to augment the project density.

(b)

Lot size. The following table shall be utilized to determine the minimum lot size which may be utilized for the platting of lots in the planned development. The plan commission shall have the right to require selected lots to be substantially larger than the minimum for the purposes of blending into and with surrounding subdivisions and other developments. In addition, a diversity of lot sizes is encouraged, provided there is a consistent quality among the different lot sizes, and that the diversity of lot sizes does not detract from each specific lot size and from the development as a whole.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The setbacks shall be maintained along any boundary street of the project area, as required by the underlying (i.e., original) basic district. No building is permitted closer to a side or rear boundary lot line of the project area than required by the applicable side or rear yard requirements of the adjoining underlying basic district.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

General. A residential planned development shall provide permanent common open space. Common open space does not include private lots, street rights-of-way (public or private), public lands, or land determined unsuitable by the town board due to accessibility, common benefit, or proposal intent.

(b)

Ownership. Ownership and tax liability of the open space shall be established in a manner acceptable to the town and made a part of the conditions of the project approval. Ownership options include public ownership, corporate ownership, or in private ownership with an open space easement to assure that the open space will be permanent.

(c)

Location. The open space area shall be conveniently accessible to all residential dwelling units within the project so as to ensure equitable distribution.

(d)

Buildings and uses. Buildings or uses for noncommercial, recreational, public, or accessory facilities may be permitted in an open space area, subject to a specific grant in the approval.

(e)

Maintenance. Perpetual care and maintenance of an open space areas and structures shall be provided for, and an operational plan shall be submitted for specific approval and inclusion in the approval.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

The town enjoys a rural character and desires to maintain it to the extent possible as land is developed. In the design of a planned development district, farm fields, pastures, orchards, and natural open spaces should be preserved either as common open spaces or as farm operations. This may be accomplished by leaving vistas of farming activity along the main town roads, by grouping home-sites in farm-like clusters surrounded by fields and pasture, or by preserving complete farm operations.

(b)

Grouping lots on interior streets and courts to provide higher densities on smaller areas of land in order to allow other areas to remain preserved as common space. The most favorable consideration will be given to a development plan that includes roads and building sites based upon the most appropriate relationship to existing terrain conditions, preservation of natural vegetation, and minimizes the potential impact upon the surrounding area.

(c)

For mixed use planned developments districts:

(1)

The architecture, landscaping, lighting, and general site development must be compatible with the surrounding neighborhood;

(2)

The proposed mix of uses must produce a unified composite which is compatible both within itself and with the surrounding neighborhood;

(3)

The proposed mix of uses must meet the general requirements applicable to the underlying zoning district for each use except as specifically stated in the approval; and

(4)

The project must be served by adequate off-street parking and loading and service facilities as may be required.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

In the review of a general development plan and the precise implementation plan, the plan commission in making its recommendation and the town board in making its decision shall consider the following factors:

(1)

Whether development in the proposed project is in keeping with the spirit and intent of this chapter;

(2)

Whether development in the proposed project is consistent with the town's comprehensive plan;

(3)

The effects of development in the proposed project on traffic safety and efficiency, both within and outside of the district;

(4)

Whether the proposed plan for development in the proposed project is properly planned and is properly coordinated with the existing and anticipated land uses on properties in the immediate and surrounding area;

(5)

The extent to which the natural features, open space, and/or farmland on the site are preserved;

(6)

The extent to which the rural character of the area is preserved;

(7)

Whether development in the proposed project complies with provisions of this chapter and other land development regulations of the town that may apply;

(8)

The effects of development in the proposed project on public services and facilities;

(9)

Whether adequate water and sanitary sewer facilities can be provided to development in the proposed project;

(10)

The proposed means of maintaining any undeveloped areas of the proposed project for the purpose for which it was set aside;

(11)

Effects of the proposed use on surrounding properties, including operational considerations relating to hours of operation and creation of potential nuisances;

(12)

Effects of the proposed use on the normal and orderly development and improvement of the surrounding properties for uses permitted in the zoning district and adjoining districts;

(13)

Whether the proposed open space in the project, in terms of quality, size, location, and aesthetic value, justify the approval of the project;

(14)

Whether the size, quality, and architectural design of all buildings in the project will have an adverse effect upon the general character of the town and surrounding neighborhood;

(15)

Whether the proposed development is consistent with the general character of the town and the immediate neighborhood;

(16)

Whether the plan for development is superior to development that is permitted based on the design and development standards of the underlying zoning district; and

(17)

Any other factor that relates to the purposes of this chapter as set forth in section 36-5 or as allowed by state law.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The provisions in this article relating to the transfer of development rights set forth the regulations, conditions, and limitations under which residential development rights may be transferred from one tract of land to another.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The provisions in this chapter relating to the transfer of development rights are intended to create potential opportunities for more flexibility in the design of residential subdivisions and to protect in perpetuity the preserved lands.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The town may allow the transfer of development rights to:

(1)

Encourage the permanent preservation of land for agriculture;

(2)

Discourage residential development on environmentally sensitive areas while still providing some marketability for such lands;

(3)

Encourage more economical use of land suited to residential development by permitting more intensive use of such lands without changing the overall population density of the town as established by this chapter; and

(4)

Reduce town costs of maintaining town roads by clustering homes while not exceeding the overall development potential of the sending and receiving parcels.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The transfer of development rights may only be done in conjunction with a conservation subdivision design.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

For purposes of transferring residential development rights, the sending parcel and receiving parcel must be in the same ownership at the time of such transfer.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The receiving parcel must be located within 400 feet of the sending parcel.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The overall density of the receiving parcel shall not be increased by more than 35 percent. For example, if zoning for the receiving parcel allows 100 residential lots, not more than 35 additional lots may be developed.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

In the event the town approves a density transfer, the following provisions shall apply:

(1)

The town shall establish an overlay district over the sending parcel to limit the number of new lots that can be done on the subject property, if any, and/or to designate the area of the sending parcel that will be protected as preserved lands.

(2)

The sending parcel may not be reduced in size by transferring any part to an adjoining parcel as may be otherwise allowed under state law and/or the town's zoning code and/or land division regulations.

(3)

The sending parcel may not at a later date be considered a receiving parcel for a different development project.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

In the event there are unused residential development rights on a sending parcel, the town board, with a recommendation by the plan commission, may reduce the number of parcels that may be allowed on the sending parcel as lots are created. Such reduction and a change to the extent of the overlay district boundary is not considered to be an amendment of the overlay district per se, but an administrative tool to control any remaining development potential of the sending parcel.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The plan commission in making its recommendation and the town board in making its decision to allow a developer to transfer residential density must consider the following factors.

(1)

The reason why the developer would like to transfer the residential density from one parcel to another and the benefits created.

(2)

The extent to which the overall development of both the sending and receiving parcels represents a better or more unified development pattern or reduces impacts, and/or public costs.

(3)

The extent to which a variety of lot sizes are incorporated into the receiving parcel.

(4)

The compatibility of the proposed transfer of residential density to the general development pattern desired for the town.

(5)

The suitability of the receiving parcel to accommodate the additional development density in terms of location, physical characteristics, traffic patterns and loads, and relationship to surrounding uses.

(6)

How the preserved lands will be managed and by whom. Ownership options include by developer, by owners within the receiving parcel, by a public body, or by a conservation organization.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

To qualify as preserved lands, any such land must fall in one or more of the following categories of use along with customary and reasonable accessory uses:

(1)

Natural areas such as woods, meadows, marshes, lakes, streams and ponds providing either an environmental amenity or serving a useful ecologic purpose.

(2)

Agricultural areas, including crop land, pasture, orchards, and tree nurseries contributing to the preservation of the agricultural land resource or contributing to the rural environmental character of the area.

(3)

Recreational areas such as parks, parkways, green belts, playfields and golf courses provided such use also contributes to the environmental desirability of the area.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)