Waterford City Zoning Code
ARTICLE VIII
Planned Community Development Districts
§ 245-61 Intent and purpose.
The intent of this article is to encourage and promote improved environmental design in the development of land by allowing greater freedom and flexibility than is possible under the precise and rigid requirements of conventional zoning districts, through the use of objective standards establishing goals and criteria for judgment rather than the application of fixed formulas. To this intent it allows diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects, while still requiring substantial compliance to the general plan for community development. It is further intended to encourage more imaginative site planning, to assist in achieving more rational and economic development with relationship to public services, to permit optimum development of land and to encourage and facilitate the conservation of open land and other natural features such as woods, streams, wetlands, etc., as integral components of a balanced ecology.
§ 245-62 Minimum planned community development area.
To qualify for consideration as a planned community development, the site shall be of sufficient size in relation to the proposed uses to justify the application of the special regulations as set forth in this article and shall be under the single or unified ownership of the applicant.
§ 245-63 Permitted uses.
In a planned community development, the following uses may be permitted, subject to the standards as hereinafter set forth; provided, however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth: any use permitted by right in any of the other districts of this chapter.
§ 245-64 Standards.
A.
General. As a basis for determining the acceptability of a planned development proposal, specific consideration shall be given as to whether or not it is consistent with the spirit and intent of the purposes of this article; has been prepared with competent professional advice and guidance in terms of planning, architecture and engineering; and produces significant benefits in terms of improved environmental design.
B.
Height and area. Specific lot size, density, open space, building location, height, size, floor area, yard, parking and other such requirements shall be based upon determination as to their appropriateness to the uses or structures as they relate to the total environmental concept of the planned development and consistent with the criteria set forth in this chapter and with those generally accepted basic standards necessary to ensure the protection of the public health, safety and welfare.
C.
Parking. Off-street parking facilities shall be provided in accordance with applicable regulations set forth in § 245-15 and other applicable provisions of this chapter. This requirement may be waived by the Plan Commission and/or Village Board in commercial and/or industrial developments or commercial and/or industrial sections of mixed developments on a site-by-site basis during the review and approval process.
[Amended 12-3-2001 by Ord. No. 419]
D.
Design standards. Engineering and subdivision design standards relative to street type, location and width, sidewalks, street lighting, storm drainage, lot arrangement or other elements of site design shall be based upon determination as the appropriate standards necessary to effectively implement the specific function in the specific situation, and as it relates to the total plan concept; and consistent with the necessity for compatibility with the existing pattern in areas peripheral to the development. In no case shall minimal construction standards be less than those necessary to protect the public health, safety and welfare. To this intent, the specific provisions of Chapter 235, Subdivision of Land, of the Village may be waived where deemed appropriate in the case of a planned community development.
E.
Intensity and character of land use. In a planned community development, the suitability of the type and character of uses proposed and their intensity and arrangement on the site shall be based upon the following standards:
(1)
Compatibility to the physical nature of the site, with particular concern for conservation of natural features such as tree growth, streams, wetlands, geological features, natural resources, etc.; for suitability of soils for the uses proposed; for preservation of open space, and for careful shaping of terrain to minimize scarring, ensure suitable drainage and for preservation of natural terrain wherever appropriate.
(2)
Achievement of an attractive environment appropriate to the uses proposed and compatible with existing development in the surrounding area and with official development plans for the area, with particular concern for preservation of ecologic and economic balance.
(3)
Capacity to be effectively serviced without creating a demand for schools, sanitary sewer, water, stormwater drainage, recreational areas highways or other public services substantially in conflict with that anticipated by the appropriate jurisdictional plans for such services or which could not be provided without adverse effect upon the jurisdictional area involved.
(4)
Adequate provision for the practical functioning of the development in terms of circulation, parking, emergency services, mail and delivery service, street maintenance and utility service.
(5)
Adequate provision for appropriate sites for schools, parks, highways and other public facilities serving the proposed development.
F.
Provision for common open space, park or other amenity area.
(1)
In a planned community development, consideration shall be given to the preservation of open space and other natural features such as woods, streams, wetlands, etc., as common open space, parkland or other amenity area serving the recreational and aesthetic needs of the people in the development, the need created for such area by the development and the suitability or potential of the area for such use.
(2)
Such areas may include landscaped or naturalistic grounds, water bodies or specific recreational activity facilities and shall be of such size, shape, character and location as makes them a practical recreational amenity to the residents of the development or a contribution to the environmental quality of the development.
(3)
Adequate provision shall be made for the establishment, permanent preservation and maintenance of such common "open space" parkland or amenity areas either by private reservation or dedication to the public:
(a)
Dedication shall not be mandatory, but where public ownership is desired by the Village, reservation for such purpose may be required by the Village.
(b)
In the case of private open space reservation, the open area to be reserved shall be protected against building development by conveying to the Village as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the development. Buildings or uses or recreational, cultural or other purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Plan Commission following approval of building, site and operational plans.
(c)
The care and maintenance of private open space reservations or amenity areas shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the conditions of approval and in the title to each property.
(d)
Ownership and tax liability of private open space reservation or amenity areas shall be established in a manner acceptable to the Village and made a part of the conditions of the plan approval.
G.
Economic feasibility and impact. To minimize the possibility of adverse effect resulting from failure to implement an approved project or from the economic impact of its development upon the community, the proponents of a planned development shall provide satisfactory evidence of their economic feasibility to finance the project and that the economic prosperity of the area or the values of surrounding properties would not be adversely affected as compared to the impact of development which might reasonably have been anticipated under the zoning in effect at the time the planned development was proposed.
H.
Implementation schedule. The proponents of a planned community development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.
§ 245-65 Procedure.
The procedure for rezoning to a planned community development district shall be as required for any other zoning district change under this chapter, except that in addition thereto, the rezoning may only be considered in conjunction with a development plan and shall be subject to the following additional requirements:
A.
Preapplication conference. Prior to the submittal of a formal application for approval of a planned community development, the applicant shall meet with the Plan Commission for an informal discussion of the proposed development in order to provide the basis for proper submittal and processing.
B.
Application.
(1)
The submittal for approval of a planned community development shall be in the form of a General Development Plan and a Precise Implementation Plan. The application may be for a preliminary approval of a General Development Plan, followed by the submittal, in whole or part, of final detail plans for approval as a Precise Implementation Plan or for a combined General Development and Precise Implementation Plan for all or part of the General Development Plan.
(2)
Thirteen copies of the application for a General Development Plan; a General Development Plan with a Precise Implementation Plan or a Precise Implementation Plan shall be submitted to the Clerk, who shall transmit it directly to the Plan Commission for processing.
[Amended 11-22-2004 by Ord. No. 467[1]]
C.
General Development Plan. The application for approval of a General Development Plan is intended to provide sufficient definition of the proposed development to make possible a determination as to its basic acceptability in terms of its character; its use pattern; its intensity of use; its economic, environmental and service impact; and such other factors as would be pertinent to such basic decision prior to the preparation of detailed engineering, architectural and landscape architectural plans. Specifically, such submittal shall include the following:
(1)
A statement describing the general character of the intended development.
(2)
A legal description and an accurate map of the project area, including its relationship to surrounding properties and existing topography and key features.
(3)
A site plan of the proposed development prepared by a competent professional site planner at a minimum scale of one inch equals 200 feet showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval:
(a)
The pattern of proposed land use, including shape, size and arrangement of proposed use areas, density and environmental character and the relationship to surrounding uses.
(b)
The pattern of public and private streets, pedestrian ways and parking areas proposed and the relationship to existing streets.
(c)
The location, size and character of recreational and open space areas designated for private reservation or reserved or dedicated for public uses such as school, park, greenway, etc., or of any other special amenity to be provided.
(d)
A utility feasibility study showing the general system of sewer, water and storm drainage.
(e)
A general analysis of the impact of the development upon traffic facilities.
(4)
Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging and any other plans or data pertinent to proper evaluation of the proposal.
(5)
General outline of intended organizational structure related to property owners' association, deed restrictions and private provision of common services.
(6)
Any additional information requested by the Plan Commission as being necessary for adequate evaluation of the concept plan.
D.
Referral and hearing.
(1)
Within 60 days after completion of the filing of the petition for approval of a General Development Plan, the Plan Commission shall forward the petition to the Village Board with a recommendation that the plan be approved as submitted, approved with modifications or disapproved. Such report shall include findings of fact specifying the reasons for the Plan Commission's recommendation.
(2)
Upon receipt of the Plan Commission's recommendation, the Village Board shall determine whether or not to initiate a proposed zoning change to permit the proposed planned community development district and to schedule the required public hearing. If the Board fails to initiate such a change within 30 days, the petitioner may file a petition directly with the Clerk as provided by law.
[Amended 11-22-2004 by Ord. No. 467]
E.
Village Board action. Within 30 days following receipt of the report of the Plan Commission, the Village Board shall approve the recommendation, approve the recommendation with modifications, disapprove the recommendation or refer the matter back to the Plan Commission for further consideration. In the case of approval or approval with modification, the Village Board shall adopt an ordinance establishing the planned community development district and approving the General Development Plan and therein may impose such conditions as it deems necessary to ensure that the development conforms to such plan. Such approval of a General Development Plan shall establish the basic right of use for the area in conformity with the plan as approved, but shall be conditioned upon approval of a Precise Implementation Plan, and shall not make permissible any of the uses as proposed until a Precise Implementation Plan is submitted and approved for all or a portion of the General Development Plan.
F.
Precise Implementation Plan. A Precise Implementation Plan for implementation of all or a part of a proposed planned community development district may be submitted concurrently with a General Development Plan or within a reasonable period of time as determined by the Village Board. If a Precise Implementation Plan, which the Village Board determines to be a reasonable phase of the total plan, has not been submitted within such time, the Village Board may revoke the approval of the General Development Plan. The Precise Implementation Plan shall present in greater detail the information given approximately in the General Development Plan and include sufficient detail to show substantial conformity to the General Development Plan. The Precise Implementation Plan shall include the following detailed construction and engineering plans and related detailed documents and schedules:
(1)
An accurate map of the area covered by the plan, including the relationship to the total General Development Plan, at scale of one inch equals 100 feet with contour lines at two-foot intervals.
(2)
The pattern of public and private roads, driveways, walkways and parking facilities and proposed design and construction standards.
(3)
Detailed lot layout and subdivision plat where required.
(4)
The arrangement of building groups, other than single-family detached residences.
(5)
Floor plans and elevations or perspectives showing the architectural treatment of all buildings other than single-family detached residences.
(6)
Statistical tabulations showing the apportionment of land uses, the density of residential use, the ratio of apartments by bedroom count, the percentage of ground cover by buildings, the floor area ratio and the parking ratio.
(7)
Grading plan and storm drainage system.
(8)
Engineering plans for sanitary sewer and water system.
(9)
The location, type and design detail of all recreational or other special amenities.
(10)
Location and description of any areas to be dedicated to the public.
(11)
Landscape plans, including plant materials list.
(12)
Proposed development schedule showing the overall phasing anticipated, the relationship of the proposed Precise Implementation Plan to the total schedule, the starting and anticipated completion time for the phase covered by the Precise Implementation Plan and the area of open space to be provided with each phase.
(13)
Proposed financing plan, including any change in ownership interest involved.
(14)
If the plan contemplates any portion of the project to be implemented or subsequently owned by other than the petitioner, sufficient information concerning such arrangements shall be submitted to enable the Village to be assured that the development will be carried out in complete compliance with the spirit and intent of the approval granted.
(15)
Analysis of the economic impact of the development upon the community.
(16)
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the planned community development and any of its common services, common open areas or other facilities.
(17)
Any other plans, documents or schedules deemed necessary by the Village for proper evaluation of the proposal.
G.
Public hearing. If the Precise Implementation Plan conforms substantially to the General Development Plan as approved, no public hearing shall be required, though the Plan Commission may hold informal hearings if it so desires. A Precise Implementation Plan submitted for approval shall be deemed to conform substantially to the General Development Plan approved, provided any modification therein, including any modification in location, design and number of buildings, roadways and utilities, does not change the concept or intent of the preliminary plan approved; increase the gross residential density or intensity of use by more than 10%, reduce the area set aside for common open space by more than 10%, or in any case below that required for a minimum; increase by more than 10% the floor area for nonresidential use, or increase by more than 5% the total ground area covered by buildings or structures.
H.
Plan Commission action. Within 30 days following the submittal of petition, the Plan Commission shall take action to approve the Precise Implementation Plan as submitted, approve subject to specified modifications or conditions, or deny approval.
I.
Recording. In the event of approval of the Precise Implementation Plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements which the Village offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time as determined by the Village Board in the Racine County Register of Deeds Office. This shall be accomplished prior to the issuance of any building permit.
J.
Changes. If the Precise Implementation Plan submitted does not conform substantially to the General Development Plan previously approved, or if the applicant desires to amend substantially a Development Plan previously approved in General or Precise form, the changes therein or amendments thereto may be approved only by following the procedure for original approval. No changes in the Precise Implementation Plan approved hereunder shall be considered to waive any of the covenants or agreements limiting the use of land, buildings, structures and improvements within the planned community development unless specifically so stated.
K.
Extension or revocation. If no substantial construction has begun in the planned community development within two years after the approval by the Village Board of a Precise Implementation Plan, the plan shall be subject to revocation upon written notice to applicant from the Village Board. The Village Board may grant extensions of such period. In the event of revocation hereunder, an appropriate instrument of revocation shall be filed in the Racine County Register of Deeds office.
L.
Additions. Land contiguous to an existing planned community development may be added to such planned community development, provided such land is made a part of the original development plan in all respects prior to its incorporation into such plan by an amendment of the Development Plan as provided in Subsection J.
§ 245-66 Foxwood Isle Planned Community Development District.
A.
Permitted uses: a total of 80 condominium dwelling units, including off-street parking, recreational areas and other accessory uses as designated on Exhibit "A" to Ordinance No. 194, on file in the Village Clerk's office, and adopted herein by reference. The above permitted uses shall be the only permitted uses allowed in the Foxwood Isle Planned Community Development District.
[Amended 11-22-2004 by Ord. No. 467]
B.
Special uses. No special uses shall be permitted in the Foxwood Isle Planned Community Development District.
C.
Dwelling standards.
(1)
Size of dwelling units. Each dwelling unit contained within the development shall have a minimum floor area of not less than 973 square feet. Such minimum floor area shall include utility rooms but excludes cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling unit shall have two bedrooms. No unit shall have three or more bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall be provided with a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of 12 dwelling units shall be allowed within one structure.
(5)
Refuse facilities. Solid waste collection containers shall be provided prior to occupancy. The precise location of the central solid waste collection points shall be approved as a part of the final site plan for each stage of development. Collection from within each individual building and transportation to central solid waste collection points shall be the responsibility of the owner. Solid wastes shall be stored in containers designed to be mechanically handled by collection vehicles. The type and design of container shall be as approved by the Director of Public Works.
E.
Off-street automobile parking facilities.
(1)
Parking stalls. A total of 160 parking stalls shall be provided. Such number of parking stalls includes the garages and open stalls.
(2)
Parking lot and drive standards. All parking lots and driveways shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone service wires or cables shall be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades of buildings, parking areas and landscape areas on the site and showing proposed site drainage plan. Elevation on such site grading plan shall be based on the Village datum and be approved by the Village prior to construction.
I.
Outdoor lighting. Outdoor lighting of walkways, access drives and off-street parking shall be provided by the developer.
J.
Landscaping. There shall be a minimum of $400 per dwelling unit expended for landscaping. Such funds shall be used only for initial planting of evergreens, deciduous trees and shrubs. Shade trees and decorative ornamental trees along with varying sizes and types of shrubbery shall be used to highlight the buildings, drives, parking lots and walkways. Foundation plantings shall be used to surround the buildings and parking areas shall be screened from adjoining properties.
K.
Easements. Public or private easements for sanitary sewer, storm sewer, water mains, gas mains, telephone or electric wires and cables or other public or private utilities shall be granted where required in accordance with detailed utility system plans, approved by the Village Engineer. Easements shall be granted to gain access to the lift station. Public easements shall be maintained free and clear of natural plantings exceeding six feet in height, accessory outdoor appurtenances or permanent outdoor recreational facilities.
L.
Private street and drive maintenance. Private off-street parking areas, walks and access drives shall be maintained by the owner so as to provide safe access at all times.
M.
Condominium declaration. Prior to the issuance of building occupancy permits, a condominium declaration shall be submitted to the Village Board for approval. Such declaration shall be approved by the Village Board and be recorded prior to the issuance of a building occupancy permit. The following items shall be included to the satisfaction of the Village Board in such condominium declaration:
N.
Termination of planned community development district. If construction of structures within the Foxwood Isle Planned Community Development District has not commenced on or before December 31, 1983, this section shall be null and void without further action by the Plan Commission or the Village Board, and all development in the Foxwood Isle Planned Community Development District shall be governed by the remainder of this section. The zoning district in effect prior to the creation of the Foxwood Isle Planned Community Development District shall be reinstated if unit construction has not commenced on or before December 31, 1984. The criteria to be used in determining if construction has commenced shall be that the building foundations of two structures have been completed and capped.
§ 245-67 Harbor Heights Planned Community Development District.
A.
Permitted uses: a total of 135 mobile homes, including off-street parking, recreational area, other accessory uses and the sale of mobile homes.
B.
Special uses. No special uses except mobile home sales shall be permitted in the Harbor Heights Planned Community Development District.
C.
Mobile home standards.
(1)
Size of mobile homes. Each mobile home contained within the development shall have a minimum floor area of not less than 900 square feet. Such minimum floor area shall include utility rooms, but exclude open porches, breezeways, garages and other spaces that are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per mobile home unit. Each mobile home unit shall have at least two bedrooms.
(3)
Number of bathrooms. Each mobile home unit shall be provided with a minimum of one full bathroom.
(4)
Number of mobile homes per site. Only one mobile home unit shall be allowed per home site.
(5)
Refuse facilities. Solid waste collection containers shall be as approved by the Director of Public Works.
D.
Building standards.
(1)
Height. The height of the building shall be limited to one story and shall not exceed 20 feet.
(2)
Enclosed parking. Enclosed parking will be allowed on each site. Parking spaces in a ratio of two for each home site shall be provided.
(3)
Minimum standards. Each unit shall meet the following minimum criteria:
(a)
All units shall have pitched roofs covered with asphalt shingles or other nonreflective materials.
(b)
Units shall have house-type siding.
(c)
All units shall be skirted within 30 days of installation, weather permitting.
(d)
Units shall have concrete front approaches or treated wood decks.
(e)
Landscaping shall be completed within one year of installation of individual units.
(f)
Each unit shall provide a minimum of 900 square feet of living area.
(g)
All units shall be newly constructed.
(h)
All units shall have a minimum basic width of at least 14 feet and a minimum overall width of 18 feet for a minimum of 50% of the length. The fifty-percent requirement may be waived if the expanded area is at least 30 feet long.
E.
Parking lot and drive standards. All parking lots and driveways shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone service wires or cables shall be installed underground within the boundaries of the development.
G.
Detailed site grading. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades on the site and showing the proposed site drainage plan. Elevation on such site grading plan shall be based on the Village datum and be approved by the Village prior to construction.
I.
Outdoor lighting. Outdoor lighting of walkways, access drives and off-street parking shall be provided by the developer.
J.
Landscaping. There shall be an average of $400 per site expended for landscaping. Such funds shall be used only for initial planting of evergreens, deciduous trees and shrubs. Shade trees and decorative ornamental trees along with varying sizes and types of shrubbery shall be used to highlight the buildings, drives, parking lots and walkways.
K.
Easements. Public or private easements for sanitary sewer, storm sewer, water mains, gas mains, telephone or electric wires and cables or other public or private utilities shall be granted where required in accordance with detailed utility system plans approved by the Village Engineer. Easements for access for police and fire protection shall be granted to the Village.
L.
Private street and drive maintenance. Private off-street parking areas, walks and access drives shall be maintained by the owner so as to provide safe access at all times.
M.
Development agreement. A development agreement has been executed between the Village and developer, the terms and conditions of which are made a part hereof for the purpose of enforcement.
N.
Lot and yard regulations.
(1)
Area. Minimum lot or site area shall be 6,000 square feet.
(2)
Width. Minimum lot or site width shall be 50 feet.
(3)
Floor area ratio: not to exceed 0.4.
(4)
Clearances. The unit shall be so located on a site that there shall be at least a twenty-foot clearance between basic units. No unit shall be located closer than 10 feet to any building within the park or to any property line of the park. No unit shall be located closer than 25 feet to the right-of-way line of a highway or 10 feet to the right-of-way line of a public street or internal private street system of the park or such other distance as may be established by statute, ordinance or local regulation.
O.
Accessory buildings and uses. Accessory buildings and uses may be allowed if approved as an integral part of the development.
P.
Licensing and license fee.[2]
(1)
The Village shall grant to the developer a one-year license to operate under the terms and conditions of this section, Wisconsin Statutes and the applicable Wisconsin Administrative Code. The annual license fee shall be based upon the rate set by the Village Board and shall be payable upon issuance thereof.
(2)
The Village shall collect a fee from developer in an amount set by the Village Board for each transfer of a license.
(3)
Monthly mobile home fees shall be assessed and collected pursuant to Wis. Stat. § 66.0435(3), which statute is made a part hereof and fully incorporated herein by reference.
Q.
Termination of planned community development district. If construction of structures within the Harbor Heights Planned Community Development District has not commenced on or before December 31, 1988, this section shall be null and void without further action by the Plan Commission or the Village Board. The criteria to be used in determining if construction has commenced shall be that two mobile homes have been placed on the site and connected to sanitary sewer and water services.
§ 245-68 Country Club Villas at Rivermoor Planned Community Development District.
A.
Permitted uses. A total of 90 condominium dwelling units, including off-street parking, recreational areas, clubhouse building with gazebo, three eight-family buildings and other accessory uses as designated in Exhibits A and B to Ordinance No. 264, on file in the Village Clerk's office, adopted herein by reference; Exhibit A being the final site plan for the development and Exhibit B being the planned unit development agreement, each of which shall be recorded in the office of the Register of Deeds for Racine County, excluding the reference exhibits which will remain on file at the Village. The above permitted uses shall be the only permitted uses allowed in the Country Club Villas at Rivermoor Planned Community Development District. The planned unit development agreement and final site plan, otherwise known as Exhibits B and A herein, reference four phases of development.
[Amended 11-22-2004 by Ord. No. 467]
B.
Special uses. No special uses shall be permitted in the Country Club Villas at Rivermoor Planned Community Development District.
C.
Dwelling standards.
(1)
Site of dwelling units. Each of the condominium dwelling units contained within the development shall have a minimum floor area of not less than 1,400 square feet. Such minimum floor area shall include utility rooms, but exclude cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling unit shall have not less than two and not more than three bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of five dwelling units shall be allowed within one structure, except for the three eight-family buildings, each of which shall contain eight dwelling units.
(5)
Garbage collection. The Village shall provide curbside garbage collection for all single-family attached condominium dwelling units in the development. Each individual owner shall be responsible for meeting all requirements for garbage collection as from time to time promulgated by the Village.
D.
Building standards.
(1)
Height. The height of the 90 condominium units shall not exceed 24 feet. Each unit may consist of one or two stories, but each unit shall contain a majority of its square footage upon the ground level of the structure in which it is contained. The height of the eight-family buildings shall not exceed 35 feet.
(2)
Enclosed parking. Each condominium unit located in the development shall have an attached two-car garage.
E.
Off-street automobile parking facilities. All parking lots and driveways shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades of buildings, parking areas and landscape areas on the site and showing proposed site drainage plan. Elevation on such site grading plan shall be based on the Village datum and be approved by the Village prior to construction.
I.
Landscaping. The developer shall provide the Village with a landscape plan and detailed material list and shall implement such a plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way as dedicated pursuant to the planned unit development agreement, developer shall provide the Village with easements in dimensions in accordance with the planned unit development agreement, such easements shall be maintained free and clear of natural plantings exceeding six feet in height, accessory outdoor appurtenances or permanent outdoor recreational facilities.
(2)
The developer shall grant to the village easements over and across the private roads in the development for the purposes of providing public services, including, but not limited to, fire, rescue, police protection and garbage collection. These easements shall be 30 feet in width, with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, the easement to be provided shall require that no obstruction be allowed within the thirty-foot width, no lighting or other utility poles be erected within the easement area, the association be responsible for removing snow accumulations from the easement area and no parking of vehicles be allowed within the easement area.
(a)
The Village shall tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event that the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, then the Village may proceed for payment against the condominium association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street parking areas, walks and access roads and drives shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
L.
Condominium declaration. At the time of recording the final site plans for the development and recording of the planned unit development agreement and prior to commencement of any construction upon the property subject hereof, the owner shall submit to the Village a declaration of condominium for approval. Such declaration shall be approved by the Village Board and be recorded at the office of the Register of Deeds for Racine County prior to the commencement of construction of the improvements as herein defined. The following items shall be included to the satisfaction of the Village in such condominium declaration:
M.
Termination of planned community development district. If construction of structures within the Country Club Villas at Rivermoor Planned Community Development District has not commenced on or before December 31, 1992, this section shall be null and void without further action by the Plan Commission or the Village Board and all development in the Country Club villas at Rivermoor Planned Community Development District shall be governed by the remainder of this section. the zoning district in effect prior to the creation of the Country Club Villas at Rivermoor Planned Community Development District shall be reinstated if unit construction has not commenced on or before December 31, 1992. The criteria to be used in determining if construction has commenced shall be that the building foundations of two structures have been completed and capped.
N.
Exhibits made a part of this section. The exhibits identified hereinabove as "A" and "B," being the final site plan and the planned unit development agreement respectively, each are incorporated into this section by and through this specific reference, and each of the terms and conditions of the agreement and plan shall be enforceable as an element of this chapter and subject to its provisions for penalties and other legal action as is provided by this chapter.
§ 245-69 Marina Shores Planned Community Development District.
A.
Permitted uses. The district shall consist of three separate parcels of land numbered Lots 1, 2 and 4 Marina Shores Subdivision.
(1)
Lot 1 shall consist of a commercial/business structure of 3,000 square feet in floor area on the first level and two residential units on the second level, with the remainder of the parcel containing the necessary parking areas, open areas, garage areas and landscape.
[Amended 1-24-2011 by Ord. No. 565]
(2)
Lot 2 shall consist of a commercial/business structure containing not more than 6,000 square feet of area on the ground level, residential and/or commercial uses on the second level, and the remainder of the parcel shall consist of open areas, parking, landscaped areas and areas within the wetland and, therefore, undisturbed except as may be approved by the Village to gain access to the water.
[Amended 1-24-2011 by Ord. No. 565]
(3)
Lot 4 shall consist of a commercial/business structure with no more than 6,000 square fee on the ground level of the structure and containing six residential units on the second floor of the structure, with the remainder of the parcel to be parking areas, garage areas, open areas and landscaping. Access to Lot 4 shall be from Marina Court, and no access to this parcel shall be from Milwaukee Street.
(4)
Development of each of these lots within the Planned Development District shall be pursuant to a final site development plan and agreement, each of which shall be submitted to the Village for approval and recorded in the office of the Register of Deeds as applicable. The above shall be the only permitted uses allowed in Marina Shore Planned Community Development District.
B.
Special uses. No special uses shall be permitted in the Marina Shores Planned Community Development District.
C.
Final site development agreement and site development plan. Prior to development of any of the parcels located within the Marina Shores Planned Community Development District, a final site development agreement shall be submitted to and approved by the Village Planning Board, which site development plan shall establish dwelling standards for the residential units, number of bedrooms per dwelling unit, number of bathrooms per dwelling units and such plan shall also provide building standards and parking restrictions. The site development plan further shall address the plans for electric and telephone service, a detailed site grading plan, landscaping plans and the placement of easements upon the parcel subjected to the site plan.
§ 245-70 Park Place Town Homes Condominium Planned Community Development District.
[Added 7-22-1996 by Ord. No. 339]
A.
Permitted uses. A total of 22 condominium dwelling units, including off-street parking, recreational areas, and other accessory uses as designated in Exhibits A and B to Ordinance No. 339, on file in the Village Clerk's office, adopted herein by reference; Exhibit A being the final site plan for the development and Exhibit B being the planned unit development agreement, each of which shall be recorded in the office of the Register of Deeds for Racine County, exhibits which will remain on file at the Village. The above permitted uses shall be the only permitted uses allowed in the Park Place Town Homes Condominium Planned Community Development District. All development with this district shall occur during one phase of development.[1]
B.
Special uses. No special uses shall be permitted in the Park Place Town Homes Condominium Planned Community Development District.
C.
Dwelling standards.
(1)
Site of dwelling units. Each of the condominium dwelling units contained within the development shall have a minimum floor area of not less than 1,200 square feet. Such minimum floor area shall include utility rooms, but exclude cellars, basements, open porches breezeways, garages and other spaces that are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling unit shall have not less than two and not more than three bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of two dwelling units shall be allowed within one structure.
(5)
Garbage collection. The Village shall provide curbside garbage collection for all units in the development. Each individual owner shall be responsible for meeting all the requirements for garbage collection as from time to time promulgated by the Village.
D.
Enclosed parking. Each condominium unit located in the development shall have an attached two-car garage.
E.
Off-street automobile parking facilities. Driveways shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades of buildings, parking areas and landscape areas on the site and showing proposed site drainage plan. Elevation on such site grading plan shall be based on the Village datum and be approved by the Village prior to construction.
I.
Landscaping. The developer shall provide the Village with a landscape plan and detailed material list and shall implement such a plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way as dedicated pursuant to the planned unit development agreement, the developer shall provide the Village with easements in dimensions in accordance with the planned unit development agreement; such easements shall be maintained free and clear of natural planting exceeding six feet in height, accessory outdoor appurtenances or permanent outdoor recreational facilities.
(2)
The developer shall grant to the Village easements over and across the private roads in the development for the purposes of providing public services, including but not limited to fire, rescue, police protection and garbage collection. These easements shall be 30 feet in width with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, the easement to be provided shall require that no obstruction be allowed within the 30 feet of width, no lighting or other utility poles be erected within the easement area, and the association be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event that the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, then the Village may proceed for payment against the condominium association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street parking areas, walks and access roads and drives shall be maintained by the owner so as to provide safe access at all times to all areas of development.
L.
Condominium declaration. At the time of recording the final site plans for the development and recording of the planned unit development agreement and prior to commencement of any construction upon the property subject hereof, the owner shall submit to the Village a declaration of condominium for approval. Such declaration shall be approved by the Village Board and be recorded at the office of the Register of Deeds for Racine County prior to the commencement of construction of the improvements as herein defined. The following items shall be included to the satisfaction of the Village in such condominium declaration:
M.
Termination of planned community development district. If construction of structures within Park Place Town Homes Condominium Planned Community Development District has not commenced on or before August 31, 1997, this section shall be null and void without further action by the Plan Commission or the Village Board and all development in the Park Place Town Homes Condominium Planned Community Development District shall be governed by the remainder of this section. The zoning district in effect prior to the creation of the Park Place Town Homes Condominium Planned Community Development District shall be reinstated if unit construction has not commenced on or before August 31, 1997. The criteria to be used in determining if construction has commenced shall be that the building foundations of two structures have been completed and capped.
N.
Exhibits made a part of this section. The exhibits identified hereinabove as "A" and "B," being the final site plan and the planned unit development agreement respectively, each are incorporated into this section by and through this specific reference, and each of the terms and conditions of the agreement and the plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as is provided by this chapter.
§ 245-71 Mulberry Downs Condominium Planned Community Development District.
[Added 10-13-1997 by Ord. No. 358]
A.
Permitted uses: a total of 30 structures, each containing four residential living units with related improvements, including off-street parking, recreational areas, easement areas for public utilities and stormwater drainage installations, and related accessory uses as contained upon the General Development Plan and Precise Implementation Plans as from time to time submitted and which remain on file at the Village of Waterford. The above permitted uses shall be the only permitted uses allowed at Mulberry Down Condominium Planned Community Development District.
B.
Special uses. No special uses shall be permitted in the Mulberry Downs Condominium Planned Community Development District.
C.
Dwelling standards.
(1)
Each of the condominium dwelling units contained within the development shall have a minimum floor area of not less than 1,200 square feet. Such minimum floor area shall include utility rooms but excludes cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling unit shall not have less than two and not more than four bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of four dwelling units shall be allowed within one structure.
D.
Building standards.
(1)
Enclosed parking. Each condominium unit located in the development shall have an attached two-car garage.
E.
Off-street automobile parking facilities. All parking lots and driveways shall be constructed with Portland cement concrete or asphaltic concrete over an approved subbase.
F.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades for buildings, parking areas and landscape areas on the site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
H.
Development improvements. All improvements required within the planned unit development agreement shall be installed at the developer's expense and pursuant to the terms of that agreement.
I.
Landscaping. The developer shall provide the Village with a landscape plan as a part of the precise implementation plan for each phase of construction and a detailed material list and shall implement such a plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way, the developer shall provide the Village with easements and dimensions in accordance with the planned unit developer agreement, such easements shall be maintained free and clear of natural plantings, accessory outdoor appurtenances or permanent outdoor recreation facilities, shall be kept free of parked vehicles, so as to allow open and free access to emergency vehicles as may be from time to time required.
(2)
The developer shall grant to the Village easements over and across the private roads in the development, together with additional area over and across the apron abutting the private roadways for purposes of providing public services, including, but not limited to, fire, rescue, police protection and garbage collection. These easements shall be 30 feet in width, with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, the easement to be provided shall require that no obstruction be allowed within the thirty-foot width, no lighting or other utility poles be erected within the easement area, the association to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the condominium association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street parking areas, walks and access roads should be maintained by the owner so as to provide safe access at all times to all areas of the development.
L.
Condominium declaration. At the time of recording the final site plans for the development and recording of the planned community development agreement and prior to commencement of any construction upon the property hereof, the owner shall submit to the Village a declaration of condominium for approval. Such declaration shall be approved by the Village Board and recorded at the office of the Register of Deeds for Racine County prior to the commencement of construction of the improvements as herein defined. The following items shall be included to the satisfaction of the Village in such condominium declaration:
M.
Termination of planned community development district. If construction of structures within the Mulberry Downs Condominium Planned Community Development District has not commenced on or before December 31, 1998, this section shall be null and void without further action by the Plan Commission or the Village Board and all development in the Mulberry Downs Condominium Planned Community Development District shall be governed by the remainder of this section. The zoning district in effect prior to the creation of the Mulberry Downs Condominium Planned Community Development District shall be reinstated if unit construction is not commenced on or before December 31, 1998. The criteria to be used in determining if construction has commenced shall be that the building foundations of two structures have been completed and capped.
N.
Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as follows: Outlot 6, of Fairview Estates Valley, a recorded subdivision located in the Village of Waterford, Racine County, Wisconsin.
§ 245-72 Cornerstone Crossing Planned Community Development District.
[Added 5-3-1999 by Ord. No. 379]
A.
Permitted uses: recreational use, and commercial structures as provided in Village of Waterford Municipal Code § 245-21A, except those listed below, including off-street parking, common green space areas, and easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, together with the necessary support and green space areas, all as to be provided for upon the Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be the only permitted uses allowed in Cornerstone Crossing Commercial Planned Community Development District.
(1)
Uses not permitted:
(a)
No residential use shall be allowed;
(b)
No tavern shall be allowed unless it is a nationally or regionally franchised tavern and restaurant combination;
(c)
No service or filling station shall be allowed unless its primary business is the service of automobiles and not tractor-trailers;
(e)
No light manufacturing, fabricating or assembling businesses shall be allowed;
(f)
No trucking company or motor freight company shall be allowed;
(g)
No uses similar in character to a permitted use, or for the manufacture or treatment of products incidental to a permitted use, or accessory to a permitted use, shall be allowed without a conditional use permit.
(2)
Park land and woodland preservation. No use other than recreational shall be permitted in the area dedicated to park land as identified in the developer's agreement. The woodland abutting the park land shall be preserved as required in the developer's agreement.
B.
Special uses. No special uses shall be permitted in the Cornerstone Crossing Commercial Planned Community Development District.
D.
Building standards. Each structure constructed within the district shall be constructed to Building Code[3] requirements as contained within this Code and within the Administrative Code of the State of Wisconsin where applicable. Further, each building shall be supported by an adequate number of parking spaces as required by this Code, and further provided that, should the Plan Commission of the Village of Waterford determine additional parking spaces are required based upon the intended use, such requirements may be imposed by the Plan Commission for uses within this district.
E.
Off-street automobile parking facilities. All parking areas within this district shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase, to depths for each application as established by the Village Engineer prior to construction, giving consideration to the anticipated traffic flow and nature of vehicles to be serviced by said facilities.
F.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
H.
Developer's agreement.
(1)
The developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site prior to the issuance of building permits, for the installation of sewer mains, water mains, stormwater conduits, sewers, detention and retention pond areas, easement accesses, and ingress and egress easement rights for the public, which agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney, and which shall further contain provisions for financial guarantees for such public improvements, either by letter of credit in a form approved by the Village Attorney, or in the form of payment and performance bonds, again in a form approved by the Village Attorney, and in amounts not less than 115% of the Village Engineer's estimate of the cost of such improvements. All sanitary sewer, water, and stormwater infrastructure must be installed and accepted prior to the issuance of any building permits for development within any area included in any precise implementation plan. Building permits may thereafter be issued upon the placement of first lift of asphalt, with second lifts of asphalt to be applied within one year of the first lift, but no later than October 1 of the year following the first lift, or sooner upon demand by the Village Engineer. All improvements required within the planned unit development shall be installed at the developer's expense and pursuant to the terms of the developer's agreement(s) above referenced.
(2)
In addition to the developer's responsibilities for bonding the costs anticipated in the construction and installation of public utility infrastructure and roadways, the developer shall also be responsible, as part of any agreement entered for such development, for the deposit of amounts of money necessary to cover the costs, fees and expenses which are related to the review, professional (legal and engineering), technical, inspection and administrative work performed on by or on behalf of the Village in pursuance of such proposed development. This shall include legal fees incurred in the preparation of the legal documents leading to any rezoning ordinance, including this section, and any agreements reached for precise implementation plans submitted pursuant to this section, together with all such time expended in the oversight of such development by the Village Attorney, and the review by the Village Engineer of all plans submitted, and inspection of such installations, together with time spent in oversight by the Village Engineer of such development, along with other costs and fees as set forth in the developer's agreement(s). Such cash deposits shall be made pursuant to policies established from time to time by the Village of Waterford and specific language included in developer's agreement(s) as from time to time entered.
I.
Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement such plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way, the developer shall provide the Village with easements and dimensions in accordance with the developer's agreement, such easements shall be maintained free and clear of natural plantings, accessory outdoor appurtenances or permanent outdoor recreation facilities and shall be kept free of parked vehicles, so as to allow open and free access to emergency vehicles as may be from time to time required.
(2)
The developer shall grant to the Village easements over and across the private roads in the development, together with additional easements over and across the aprons abutting the private roadways for purposes of providing public services, including, but not limited to, fire, rescue, police protection and garbage collection. These easements shall be 40 feet in width, with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, easements to be provided shall require that no obstruction be allowed within the forty-foot width, no lighting or other utility poles be erected within the easement area, the owner or association to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all time to all areas of the development.
L.
Termination of Cornerstone Crossing Commercial Planned Community Development District. If no Precise Implementation Plan has been approved by the Village Board within 12 months of the execution of the developer's agreement, or if substantial construction has not begun within 12 months of the approval of a Precise Implementation Plan for a phase of the development, the Cornerstone Crossing Commercial Planned Community Development District shall be terminated, and there shall be a stay on the development of the property, and the Plan Commission and the Village Board shall have 150 days during which no plats, general development plans, or precise implementation plans shall be submitted for approval wherein the Village may act to rezone the property. The criteria to be used in determining if substantial construction has commenced shall be that the building foundations of two structures have been completed and capped.
M.
Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as follows: the entirety of Cornerstone Crossing, a recorded planned community development district located in the Village of Waterford, Racine County, Wisconsin, as originally described in Ordinance Nos. 378 and 379, and amended in Ordinance No. 395, on file in the office of the Village Clerk.
[Amended 6-14-2000 by Ord. No. 395[4]]
§ 245-73 Annecy Park Condominiums at Waterford Landing Planned Community Development District.
[Added 6-12-2000 by Ord. No. 399]
A.
Permitted uses: a total of 23 structures, each containing two, three, or four residential living units with related improvements, including off-street parking, common green space areas, recreational areas, easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan and Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be the only permitted uses allowed in Annecy Park Condominiums at Waterford Landing Planned Community Development District. No use, other than recreational, shall be permitted in the area dedicated to the walking path as identified in the developer's agreement.
B.
Special uses. No special uses shall be permitted in the Annecy Park Condominiums at Waterford Landing Planned Community Development District.
C.
Dwelling standards.
(1)
Each of the condominium dwelling units within the development shall have a minimum floor area of not less than 1,400 square feet. Such minimum floor area shall include utility rooms but shall exclude cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling unit shall have two bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have a minimum of one full bathroom.
(4)
Number of dwelling units per building. A maximum of four dwelling units shall be allowed within one structure.
D.
Garbage collection. The Village shall provide curbside garbage collection for all condominium dwelling units in the development. Each individual owner shall be responsible for meeting all requirements for garbage collection as from time to time promulgated by the Village.[1]
E.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase, to depths for each application as established by the Village Engineer prior to construction.
(2)
Parking shall be limited to driveway approaches and marked parking stalls within the district. No parking shall be permitted in or on any other area.
G.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
H.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
I.
Developer's agreement.
(1)
The developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site prior to the issuance of building permits, for the installation of sewer mains, water mains, stormwater conduits, sewers, detention and retention pond areas, easement accesses, and walkway, ingress and egress easement rights for the public, which agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney, and which shall further contain provisions for financial guarantees for such public improvements, either by letter of credit in a form approved by the Village Attorney, or in the form of payment and performance bonds, again in a form approved by the Village Attorney, and in amounts not less than 115% of the Village Engineer's estimate of the cost of such improvements. All sanitary sewer, water and stormwater infrastructure, the gravel base for streets adjacent to the site, and the site grading of the areas contiguous to and for the benefit of the building for which the permit is being sought must be completed and approved by the Village prior to the issuance of any building permits for development within any area included in any Precise Implementation Plan, with the following exception: upon application to, and approval by, the Plan Commission and the Village Board, the developer may obtain a building permit for one four-family building at the southwest corner of the Annecy Park Condominiums at Waterford Landing Planned Community Development District prior to the installation and approval of the above infrastructure, but only if a graveled emergency service vehicle access to the site is provided. Occupancy permits may be issued only upon the completion of the improvements required in the developer's agreement, including the placement of the first lift of asphalt. The second lift of asphalt shall be applied within one year of the first lift, but no later than October 1 of the year following the first lift, or sooner upon demand by the Village Engineer. All improvements required within the planned unit development shall be installed at the developer's expense and pursuant to the terms of the developer's agreement(s) above referenced.
(2)
In addition to the developer's responsibilities for bonding the costs anticipated in the construction and installation of public utility infrastructure and roadways, the developer shall also be responsible, as part of any agreement entered for such development, for the deposit of amounts of money necessary to cover the costs, fees and expenses which are related to the review, professional (legal and engineering), technical, inspection and administrative work performed on by or on behalf of the Village in pursuance of such proposed development. This shall include legal fees incurred in the preparation of the legal documents leading to any rezoning ordinance, including this section, and any agreements reached for precise implementation plans submitted pursuant to this section, together with all such time expended in the oversight of such development by the Village Attorney, and the review by the Village Engineer of all plans submitted, and inspection of such installations, together with time spent in oversight by the Village Engineer of such development, along with other costs and fees as set forth in the developer's agreement(s). Such cash deposits shall be made pursuant to policies established from time to time by the Village of Waterford and specific language included in developer's agreement(s) as from time to time entered.
J.
Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement such plan after approval by the Village.
K.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way, the developer shall provide the Village with easements and dimensions in accordance with the developer's agreement, such easements shall be maintained free and clear of natural plantings, accessory outdoor appurtenances or permanent outdoor recreation facilities and shall be kept free of parked vehicles, so as to allow open and free access to emergency and utility vehicles as may be from time to time required.
(2)
The developer shall grant to the Village easements over and across the private roads in the development, together with additional easements over and across the aprons abutting the private roadways for purposes of providing public services, including, but not limited to, fire, rescue, police protection and garbage collection. These easements shall be 30 feet in width, with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, easements to be provided shall require that no obstruction be allowed within the thirty-foot width, no lighting or other utility poles be erected within the easement area, the owner or association to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection K(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection K(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
L.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
M.
Condominium declaration. At the time of recording the final site plans for the development and recording of the developer's agreement and prior to commencement of any construction upon the property hereof, the owner shall submit to the Village a Declaration of Condominium for review and approval by the Village Attorney. Such declaration shall be recorded at the office of the Register of Deeds for Racine County prior to the commencement of construction of the improvements as herein defined. The following items shall be included to the satisfaction of the Village Attorney in such condominium declaration:
N.
Termination of Annecy Park Condominiums at Waterford Landing Planned Community Development District. If no Precise Implementation Plan has been approved by the Village Board within 12 months of the execution of the developer's agreement, or if substantial construction has not begun within 12 months of the approval of a Precise Implementation Plan for a phase of the development, the Annecy Park Condominiums at Waterford Landing Planned Community Development District shall be terminated and this section shall be null and void without further action by the Plan Commission or the Village Board and all development in the Annecy Park Condominiums at Waterford Landing Planned Community Development District shall be governed by the remainder of this section. The zoning district in effect prior to the creation of the Annecy Park Condominiums at Waterford Landing Planned Community Development District shall be reinstated if unit construction is not commenced on or before July 31, 2001. The criteria to be used in determining if substantial construction has commenced shall be that the building foundation of one structure has been completed and capped.
O.
Rezoning effected by passage of this amendment. The property subject of this Planned Community Development District is legally described as set forth in Exhibit A attached hereto. Prior to enactment of this ordinance said real estate described in Exhibit A maintained a zoning classification of Single Family Residence District, and, upon passage of this Planned Community Development District ordinance all real estate above is removed from said single-family residence district and is, in all respects, subjected to the Planned Community Development District zoning rules and regulations of the Village of Waterford Municipal Code and the specific terms and conditions of this subsection.
P.
Exhibits made a part of this section. The exhibits herein identified and referred to as Exhibit A (the legal description), the developer's agreement, and the final site plan each are incorporated into this section by and through this specific reference, and shall be kept on file in the office of the Village Clerk and incorporated herein as though fully set forth, and each of the terms and conditions of the legal description, the developer's agreement and the plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as provided by this chapter.
[Amended 11-22-2004 by Ord. No. 467]
§ 245-74 Waterford Centre Business/Industrial Planned Community Development District.
[Added 6-14-2000 by Ord. No. 396; amended 5-13-2002 by Ord. No. 421; 6-28-2004 by Ord. No. 456; 1-23-2006 by Ord. No 489; 8-13-2018 by Ord. No. 658; 5-28-2019 by Ord. No. 671; 3-11-2024 by Ord. No. 699]
A.
Permitted uses. Multiple family residences, business and industrial uses and institutional uses as provided in Village of Waterford Municipal Code §§ 245-20; 245-22 and 245-26.1 and this section, excepting those listed in subsection (b), below, including off-street parking, common green space areas, and easement areas for public utilities and storm water drainage installations as contained in the Developer's Agreement and deed restrictions, together with the necessary support and green space areas, all as to be provided for upon the Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be permitted uses allowed in Waterford Centre Business/Industrial Planned Community Development District, and within the District, the land shall be zoned as multiple family residences, business and industrial or institutional with such permitted uses as follows:
(1)
In the areas zoned business uses:
(a)
Office/hospital/medical care.
(b)
Personal or professional service.
(c)
Artisan studio.
(d)
Indoor sales or service.
(e)
Outdoor display.
(f)
Indoor commercial entertainment.
(g)
Outdoor commercial entertainment.
(h)
In-vehicle sales or service.
(i)
Commercial indoor lodging.
(j)
Group day-care center.
(k)
Commercial small animal boarding.
(l)
Indoor maintenance service.
(m)
Outdoor maintenance service.
(n)
Vehicle sales.
(o)
Truck-trailer rental establishment.
(p)
Vehicle towing establishment.
(q)
Business or light industrial incubator.
(2)
In the areas zoned industrial uses:
(a)
Light industrial.
(b)
Heavy industrial.
(c)
Production greenhouse.
(d)
Indoor food production.
(e)
Indoor storage and wholesaling.
(f)
Multipurpose business storage.
(g)
Outdoor storage and wholesaling.
(h)
Personal storage facility.
(i)
Transit center.
(j)
Distribution center.
(k)
Freight terminal.
(l)
Off-site parking.
B.
Uses not permitted:
(1)
(Reserved)
(2)
No service, filling station or auto repair shop shall be allowed unless its primary business is the service of automobiles and not tractor-trailers; and the use conforms with the well-head protection requirements of the DNR;
(3)
Any and all signage shall be subject to a determination as to the specific uses that apply to each part of the District per the provisions of Village of Waterford Municipal Code § 245-33;
(4)
No trucking company or motor freight company shall be allowed;
(5)
No heavy manufacturing uses shall be allowed, such as acid, ammonia, bleach or soap manufacture; ammunition manufacture; explosives or fireworks manufacture or storage; asphalt, coal and coal tar or coke manufacture; distillation of bones; cement, lime, gypsum or plaster of Paris manufacture; fat rendering; garbage, rubbish, offal or dead animal reduction or dumping; gelatin, glue or size manufacture; manufacture, refinement or storage of inflammable gases or liquids; overground tank farms; slaughterhouses; stockyards; or smelting facilities;
(6)
No automobile wrecking yard, junkyard, or salvage yard shall be allowed;
(7)
No mini-warehousing uses shall be allowed;
(8)
Adult bookstores and adult only video stores;
C.
Special uses, limitation on permitted uses:
(1)
The uses permitted by this ordinance may be further limited in accordance with any wellhead protection ordinance that is duly enacted by the Village Board.
(2)
Whereas the District is substantially coextensive with the boundaries of Tax Increment District No. 3 of the Village of Waterford ("TID No. 3"), so long as TID No. 3 is in existence, no tax exempt ownership or use shall be permitted within said TID No. 3 (except for those parcels designated as "Well Sites or Lift Station" on the attached Land Use Map), and the land and all buildings and improvements on the land located within said TID No. 3 shall be owned and used in such a way as to be fully assessable and taxable for real estate tax and special assessment purposes.
(3)
In the area zoned multiple family residences on the attached Land Use Map,[1] in addition to the uses permitted in Business and Industrial and Business and Commercial zoned areas as established in this Ordinance, multi family dwelling units may be constructed, used and occupied, provided that the following conditions are met prior to the approval of a Precise Implementation Plan for the development of said residential units:
(a)
At the time a Precise Implementation Plan is presented for the residential units for approval by the Plan Commission, a separate Developer's Agreement and covenants will be presented for approval by the Plan Commission and Village Board.
(b)
Impact fees for parks, library, fire protection, and local and regional utilities and as may be adopted in the future, shall be imposed on each constructed dwelling unit in the project.
(c)
At the time a Precise Implementation Plan is presented for approval by the Plan Commission, the developer will have the rental restriction language prepared for approval by the Plan Commission. The Developer will produce evidence that said language regarding the rental restriction has been recorded as a deed restriction before the first building permit for the project is issued.
[1]
Editor's Note: The Land Use Map is on file in the Village offices.
E.
Submission of precise implementation plans. In addition to the plans and related detailed documents and schedule requirements in Village of Waterford Municipal Code § 245-65F, additional plans, drawings, diagrams and documents required for application plans, as set forth within said ordinance shall be submitted to the Plan Commission as part of a Precise Implementation Plan and application procedure.
F.
Site restrictions and building standards. Those requirements as shown in the General Development Plan, Village of Waterford Municipal Code § 245-65 shall be complied with.
G.
Off-street automobile parking facilities. All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved sub-base, to depths for each application as established by the Village Engineer prior to construction, giving consideration to the anticipated traffic flow and nature of vehicles to be serviced by said facilities.
H.
Electric and telephone service. All electric, fiber optic and cable wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
I.
Developer's agreement. The developer, owner, community development authority and Village of Waterford shall enter into a written developer's agreement.
J.
Easements.
(1)
In all areas where public utilities are located outside of the public rights-of- way, the developer shall provide the Village with easements, such easements shall be maintained free and clear of natural plantings, accessory outdoor appurtenances or permanent outdoor recreation facilities and shall be kept free of parked vehicles, so as to allow open and free access to emergency vehicles as may be from time to time required.
(2)
The developer shall grant to the Village easements over and across the private roads in the development together with additional easements over and across the aprons abutting the private roadways for purposes of providing public services including, but not limited to, fire, rescue, police protection and garbage/recycling collection. These easements shall be 30 feet in width, with the easement centerline corresponding to the centerline of the pavement of the private roadway. In every instance, easements to be provided shall require that no obstruction be allowed within the 30-foot width, no lighting or other utility poles be erected within the easement area, the owner or association to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving notice of such encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the owner of the development or the parcel.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to subsection J(2)(a) and (b) hereof, the penalty shall be impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $100 to defray administrative expenses in enforcement of this subjection.
K.
Private streets and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
§ 245-75 Waterford Hotel Partners Commercial Planned Community Development District.
[Added 12-10-2001 by Ord. No. 417]
A.
Permitted use: commercial structures as provided in Village of Waterford Municipal Code § 245-21A(19) and this section, except those listed below, including off-street parking and easement areas for public utilities and stormwater drainage installations as contained in the General Development Plan and deed restrictions, together with the necessary support and green space areas, all as to be provided for upon the Precise Implementation Plan to be submitted and which will remain on file with the Village of Waterford. The permitted use identified in this subsection shall be the only permitted use allowed in the Waterford Hotel Partners Commercial Planned Community Development District.
B.
C.
Green space preservation. No use other than recreational and landscaping shall be permitted in the area dedicated to green space as finally approved in the Precise Implementation Plan.
D.
Special uses. No special uses shall be permitted in the Waterford Hotel Partners Commercial Planned Community Development District.
F.
Building standards. Each structure constructed within the district shall be constructed to Building Code requirements as contained within this Code[2] and within the Administrative Code of the State of Wisconsin where applicable.
G.
Off-street automobile parking facilities.
(1)
The Waterford Hotel Partners Commercial Planned Unit Development shall be exempt from the requirements of § 245-64C of this Code upon the fulfillment of the following conditions:
(a)
The number and size of parking spaces ultimately approved as part of the Precise Implementation Plan for this development shall be maintained for the life of the development; and
(b)
The developer shall enter into a long-term lease providing spaces for overflow parking on a commercial property in the vicinity of the development, which lease shall run with the land, shall be in recordable form, and shall be recorded.
(2)
All parking areas within this district shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase, to depths for each application as established by the Village Engineer prior to construction, giving consideration to the anticipated traffic flow and nature of vehicles to be serviced by said facilities.
H.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
I.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
J.
Developer's guarantees. The developer shall be responsible for the deposit of the amounts of money necessary to cover the costs, fees and expenses which are related to the review, professional (legal and engineering), technical, inspection and administrative work performed on by or on behalf of the Village in pursuance of such proposed development. This shall include legal fees incurred in the preparation of the legal documents leading to any rezoning ordinance, including this section, and any agreements reached for precise implementation plans submitted pursuant to this section, together with all such time expended in the oversight of such development by the Village Attorney, and the review by the Village Engineer of all plans submitted, and inspection of such installations, together with time spent in oversight by the Village Engineer of such development. Such cash deposits shall be made pursuant to policies established from time to time by the Village of Waterford.
K.
Sidewalks, landscaping and fence.
(1)
The developer shall construct four-foot-wide concrete sidewalks to a permanent line and grade, pursuant to § 235-21 of this Municipal Code, in the public rights-of-way along the southerly and easterly property lines of the development. No occupancy permit shall be granted prior to the completion of the required sidewalks.
(2)
The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement and maintain such plan after approval by the Village.
(3)
The developer shall build and maintain a privacy fence and/or privacy fence-retaining wall combination at least eight feet in height which shall run along the westerly property line of the development pursuant to the site plan. The fence shall be maintained for the life of the zoning district.
L.
Easements. The developer shall grant to the Village easements over and across the private roads and off-street parking areas in the development, together with additional easements over and across the aprons abutting the private roadways for purposes of providing public services, including, but not limited to, fire, rescue, police protection and garbage collection. In every instance, easements to be provided shall require that no obstruction be allowed within its width, no lighting or other utility poles be erected within the easement area, the owner to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(1)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(2)
In the event the Village must remove personal property from the easement area pursuant to Subsection L(1) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development.
(3)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection L(1) and (2) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
M.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all times to all times to all areas of the development.
N.
Termination of Waterford Hotel Partners Commercial Planned Community Development District. If no Precise Implementation Plan has been approved by the Village Board within 12 months of the execution of the developer's agreement, or if substantial construction has not begun within 12 months of the approval of a Precise Implementation Plan for a phase of the development, the Waterford Hotel Partners Commercial Planned Community Development District shall be terminated, and there shall be a stay on the development of the property, and the Plan Commission and the Village Board shall have 150 days during which no plats, General Development Plans, or Precise Implementation Plans shall be submitted for approval wherein the Village may act to rezone the property. The criteria to be used in determining if substantial construction has commenced shall be that the building foundation of the structure has been completed and capped.
O.
Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as follows: Parcel 3 of Certified Survey Map No. 1720, recorded in Volume 5 of Certified Survey Maps of Racine County, on pages 256-261 as Document No. 1481697, located in the Village of Waterford, Racine County, Wisconsin.
§ 245-76 (Reserved) [1]
[1]
Editor's Note: Former § 245-76, Fairview Marketplace Planned Community Development District, added 5-24-2004 by Ord. No. 453, as amended, was repealed 6-25-2007 by Ord. No. 516.
§ 245-77 Trailview Planned Community Development District.
[Added 1-24-2005 by Ord. No. 470]
A.
Permitted and conditional uses.
(1)
The permitted uses in this mixed use planned community development district shall be:
(a)
Multiple-family residences as set forth in § 245-20 of this chapter, but said multiple-family residential use shall be limited to senior housing (assisted living and apartments) and residential condominiums; provided, however, that said restriction shall not apply on the land included in Tracts A and B shown on the General Development Plan; and
[Amended 3-13-2017 by Ord. No. 649]
(c)
Improvements related to the permitted uses, including off-street parking, on-street parking as permitted herein, common green space areas, recreational areas, easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan and Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford.
(2)
The permitted uses identified in this subsection shall be the only permitted uses allowed in Trailview Planned Community Development District.
(3)
Conditional uses.
[Added 1-12-2009 by Ord. No. 536[1]]
(a)
The conditional uses permitted in this mixed-use planned community development district shall be light manufacturing, light industrial and related uses allowed in the Business and Industrial District as provided in § 245-22A, when those uses are of a limited nature and size and where relative proximity to other uses requires restrictive regulation, and do not include those listed in Subsection A(3)(d) below. Residential uses otherwise prohibited by § 245-22A shall be considered permitted uses only to the extent allowed in § 245-77A(1)(a).
[Amended 8-13-2018 by Ord. No. 658]
(b)
The Plan Commission, in approving or disapproving proposed locations for conditional uses under this subsection, shall give due consideration to the character and suitability for development in the neighborhood in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the Plan Commission regarding the attributes of the proposed use, such as increased traffic on the public streets, heavy vehicular traffic, and the emission of noise, smoke, dust or dirt, odorous or noxious gases, and the like that would be detrimental to the character and suitability of the district.
(c)
Improvements related to the conditional uses, including off-street parking, on-street parking as permitted herein, common green space areas, recreational areas, easement areas for public utilities and stormwater drainage installations as contained in the developer’s agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan and Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford. The conditional uses identified in this subsection shall be the only conditional uses allowed in Trailview Planned Community Development District.
(d)
Conditional uses not permitted:
[1]
No trucking company or motor freight company shall be allowed;
[2]
No heavy manufacturing uses shall be allowed, such as acid, ammonia, bleach or soap manufacture; ammunition manufacture; explosives or fireworks manufacture or storage; asphalt, coal and coal tar or coke manufacture; distillation of bones; cement, lime, gypsum or plaster of paris manufacture; fat rendering; garbage, rubbish, offal or dead animal reduction or dumping; gelatin, glue or size manufacture; manufacture, refinement or storage of inflammable gases or liquids; overground tank farms; slaughterhouses; stockyards; or smelting facilities;
[3]
No automobile wrecking yard, junkyard, or salvage yard shall be allowed.
[4]
No mini-warehousing uses shall be allowed.
[5]
No adult establishments, adult bookstores or adult-only video stores.
[6]
No tattoo and/or body-piercing establishments.
B.
Special uses not allowed; limitation on allowed uses.
[Amended 1-12-2009 by Ord. No. 536]
(1)
No special uses as set forth in § 245-10I shall be allowed in the Trailview Planned Community Development District.
(2)
Whereas the Trailview Planned Community Development District lies for the most part within the amended boundaries of Tax Increment District No. 2 of the Village of Waterford ("TID No. 2"), so long as TID No. 2 is in existence, no tax-exempt ownership or use shall be permitted within this district (except for those parcels or areas of the district excluded from TID No. 2 as wetlands), and the land and all of the buildings and improvements on the land shall be owned and used in such a way as to be fully assessable and taxable for real estate tax and special assessment purposes, unless a payment in lieu of taxes (PILOT) is made by the owner and user as set forth in the developer's agreement. Those outlots held in undivided ownership by the parcel owners of the development and taxed to said parcel owners shall not be considered tax exempt hereunder.
C.
Building standards. Each structure constructed within the district shall be constructed to Building Code requirements as contained within this Code[2] and within the Administrative Code of the State of Wisconsin where applicable. Modification of the building height, size of living area, lot area per family and yard requirements found in § 245-20 of this Municipal Code may be allowed by the Plan Commission when the use of the building is a permitted use herein.
[2]
Editor's Note: See Ch. .98, Building, Plumbing, Electrical and Mechanical Codes.
D.
Garbage collection. Garbage collection shall be provided to the users within the district based upon the standards and regulations of the Village as may be amended from time to time. See Chapter 186, Solid Waste, Article I, of this Code. The Village shall provide curbside garbage collection for all condominium dwelling units in the development. Each individual owner shall be responsible for meeting all requirements for garbage collection as from time to time promulgated by the Village.
E.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with either Portland cement concrete or asphaltic concrete over an approved subbase, to depths for each application as established by the Village Engineer prior to construction.
(2)
Parking shall be allowed on public streets within the development unless specifically restricted by the Village pursuant to Chapter 207, Traffic and Parking, of the Village of Waterford Municipal Code. In all other areas of the development, parking shall be limited to driveway approaches and marked parking stalls within the district. No parking shall be permitted in or on any other area.
F.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
G.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
H.
Developer's agreement. The developer, owner, Village of Waterford Community Development Authority and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site and financial guarantees by the developer pursuant to § 235-19D of this Municipal Code, or by the Village pursuant to the Tax Increment Financing Project Plan for the Boundary and Project Plan Amendment to Tax Incremental Financing District No. 2 (hereinafter "Project Plan Amendment"), along with the issuance of building and occupancy permits. Despite the requirements of § 235-19D of this Municipal Code, the Village may make public improvements to the development if those improvements are made pursuant to the Project Plan Amendment. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village of Waterford Community Development Authority, Village Board, Village Engineer, and Village Attorney.
I.
Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement such plan after approval by the Village.
J.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way, the developer shall provide the Village with easements in dimensions in accordance with the developer's agreement. Except as noted herein, such easements shall be maintained free and clear of natural plantings, accessory outdoor appurtenances (mailboxes, however, shall be allowed) or permanent outdoor recreation facilities and shall be kept free of parked vehicles, so as to allow open and free access to emergency and utility vehicles as may be from time to time required. In areas where utility or future public right-of-way easements (except stormwater easements) are granted to the Village, a landowner may install landscaping pursuant to a plan that excludes trees and is approved by the Plan Commission and the Village of Waterford Department of Public Works; however, that landscaping shall be installed at the developer's or landowner's expense, and in the event that the landscaping is removed or damaged by the Village pursuant to its rights under the easement, the developer or landowner shall be responsible for all costs related to removal and/or restoration of said landscaping.
(2)
The developer shall grant to the Village easements over and across the private roads in the development, together with additional easements over and across the aprons abutting the private roadways for purposes of providing public services, including, but not limited to, fire, rescue, police protection and, where applicable, garbage collection. These easements shall be 32 feet in width, with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, easements to be provided shall require that no obstruction be allowed within the thirty-two-foot width, no lighting or other utility poles (except mailboxes) be erected within the easement area, the owner or association to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection J(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection J(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
K.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
L.
Condominium declaration. At the time of recording the final site plans for the condominium phase of the development and prior to commencement of any construction upon the property thereof, the owner shall submit to the Village a Declaration of Condominium for review and approval by the Village Attorney. Such declaration shall be recorded at the office of the Register of Deeds for Racine County prior to the sale of or issuance of an occupancy permit for the condominium improvements. The following items shall be included to the satisfaction of the Village Attorney in such condominium declaration:
M.
Termination of Trailview Planned Community Development District. If no Precise Implementation Plan has been approved by the Village Board within 18 months of the execution of the developer's agreement, or no Precise Implementation Plan for a subsequent phase of the development is submitted by the developer within 36 months of the execution of the developer's agreement, or if substantial construction has not begun within 12 months of the approval of a Precise Implementation Plan for a phase of the development, the Trailview Planned Community Development District, there shall be a stay on the development of the property, and the Village Board shall have 150 days during which no plats or certified survey maps shall be submitted for approval wherein the Village may act to rezone the property.
N.
Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as set forth in Exhibit A attached hereto.[3] Prior to enactment of this section, said real estate described in Exhibit A maintained zoning classifications of Industrial, Business or Single Family Residence District, and, upon passage of this planned community development district section, all real estate above is removed from said previous districts and is, in all respects, subjected to the planned community development district zoning rules and regulations of the Village of Waterford Municipal Code and the specific terms and conditions of this section.
[3]
Editor's Note: Exhibit A is on file in the Village offices.
O.
Exhibits made a part of this section. The exhibits herein identified and referred to as Exhibit A (the legal description), the developer's agreement, and the General Development Plan each are incorporated into this section by and through this specific reference, and shall be kept on file with the Village of Waterford and incorporated herein as though fully set forth, and each of the terms and conditions of the legal description, the developer's agreement and the plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as provided by this chapter.
P.
Recording. Except as provided in Subsection L, no building permit for construction in a particular phase of the development shall be granted until the recording of those documents referenced herein which are indicated as subject of recordation in the Register of Deeds Office for Racine County, Wisconsin for that phase of the development.
§ 245-78 Fairview Station Planned Community Development Business District.
[Added 5-24-2004 by Ord. No. 454]
A.
Permitted uses: business structures and multiple-family residence structures as provided in Village of Waterford Municipal Code §§ 245-20A and 245-21A and this section, except those listed below, including off-street parking and easement areas for public utilities and stormwater drainage installations as contained in the General Development Plan and deed restrictions, together with the necessary support and green space areas, all as to be provided for upon several Precise Implementation Plans to be submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be the only permitted uses allowed in the Fairview Station Planned Community Development Business District.
[Amended 1-23-2006 by Ord. No. 489; 1-26-2015 by Ord. No. 623]
B.
Uses not permitted.
(1)
No tavern shall be allowed unless it is a nationally or regionally franchised tavern and restaurant combination; however, this restriction shall not apply in cases where the sale of alcoholic beverages is ancillary to another commercial recreational facility use.
(3)
No light manufacturing, fabricating or assembling businesses shall be allowed.
(4)
No trucking company or motor freight company shall be allowed.
(5)
No uses similar in character to a permitted use, or for the manufacture or treatment of products incidental to a permitted use, or accessory to a permitted use, shall be allowed without a conditional use permit.
C.
Green space preservation. No use other than recreational and landscaping shall be permitted in an area dedicated to green space as finally approved in a Precise Implementation Plan.
D.
Special uses. No special uses shall be permitted in the Fairview Station Planned Community Development Business District.
F.
Building standards. Each structure constructed within the district shall be constructed to Building Code requirements as contained within this Code[2] and within the Administrative Code of the State of Wisconsin where applicable.
G.
Off-street automobile parking facilities.
(1)
The number and size of parking spaces ultimately approved as part of a Precise Implementation Plan for this development shall be maintained for the life of the development, and the development shall be exempt from the requirements of § 245-64C of this Code.
(2)
All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved subbase, to depths for each application as established by the Village Engineer prior to construction, giving consideration to the anticipated traffic flow and nature of vehicles to be serviced by said facilities.
H.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
I.
Detailed site grading plans. Detailed site grading plans shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
J.
Developer's agreement. The developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site prior to the issuance of building permits, for the installation of sewer mains, water mains, stormwater conduits, sewers, detention and retention pond areas, easement accesses, and ingress and egress easement rights for the public, which agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney, and which shall further contain provisions for financial guarantees for such public improvements as set forth in § 235-19D(4) of this Municipal Code, in a form approved by the Village Attorney, and in amounts not less than 115% of the Village Engineer's estimate of the cost of such improvements. All sanitary sewer, water, and stormwater infrastructure must be installed and inspected by the Village Engineer prior to the issuance of any building permits for development within any area included in any precise implementation plan. Building permits may thereafter be issued upon the placement of first lift of asphalt, with second lifts of asphalt to be applied within one year of the first lift, but no later than October 1 of the year following the first lift, or sooner upon demand by the Village Engineer. All improvements required within the Planned Unit Development shall be installed at the developer's expense and pursuant to the terms of the developer's agreement(s) above referenced. In addition to the developer's responsibilities for guaranteeing the costs anticipated in the construction and installation of public utility infrastructure and roadways, the developer shall also be responsible, as part of any agreement entered for such development, for the deposit of amounts of money necessary to cover the costs, fees and expenses which are related to the review, professional (legal and engineering), technical, inspection and administrative work performed on by or on behalf of the Village in pursuance of such proposed development. This shall include legal fees incurred in the preparation of the legal documents leading to any rezoning ordinance, including this section, and any agreements reached for precise implementation plans submitted pursuant to this section, together with all such time expended in the oversight of such development by the Village Attorney, and the review by the Village Engineer of all plans submitted, and inspection of such installations, together with time spent in oversight by the Village Engineer of such development, along with other costs and fees as set forth in the developer's agreement(s). Such cash deposits shall be made pursuant to policies established from time to time by the Village of Waterford and specific language included in developer's agreement(s) as from time to time entered.
K.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way, the developer shall provide the Village with easements and dimensions in accordance with the developer's agreement, such easements shall be maintained free and clear of natural plantings, accessory outdoor appurtenances or permanent outdoor recreation facilities, so as to allow open and free access by emergency vehicles as may be from time to time required.
[Amended 4-24-2006 by Ord. No. 496]
(2)
The developer shall grant to the Village easements over and across the private roads in the development, together with additional easements over and across the aprons abutting the private roadways for purposes of providing public services, including, but not limited to, fire, rescue, police protection and garbage collection. These easements shall be in a width established in the developer's agreement, with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, easements to be provided shall require that no obstruction be allowed, except the planting of street trees, within the applicable width, no lighting or other utility poles be erected within the easement area, the owner or association to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection K(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from owner of the development or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection K(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
L.
Sidewalks and landscaping.
(1)
The developer shall construct four-foot-wide concrete sidewalks to a permanent line and grade, pursuant to § 235-21 of this Municipal Code, in conformance with the developer's agreement and with Precise Implementation Plans as approved by the Plan Commission. No occupancy permit shall be granted prior to the completion of the required sidewalks in each phase of the development. If, in the future, the Village requires additional sidewalk installation, it may proceed with the planning and construction of sidewalks with payment therefor by special assessment against the individual property owners at the time of construction.
(2)
The developer shall provide the Village with a landscape plan as part of each Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement and maintain such plan after approval by the Village.
M.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
O.
The property subject of this Planned Community Development District is legally described in Ordinance No. 454, on file at the Village Hall.
[Amended 1-23-2006 by Ord. No. 489; 1-23-2006 by Ord. No. 490]
§ 245-79 Woodfield Condominium Planned Community Development District.
[Added 3-27-2006 by Ord. No. 483]
A.
Permitted uses: A total of 20 structures, each containing two residential living units with related improvements, including off-street parking, common green space areas, recreational areas, easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan and the Precise Implementation Plan which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be the only permitted uses allowed in the Woodfield Condominium Planned Community Development District.
B.
Special uses. No special uses shall be permitted in the Woodfield Condominium Planned Community Development District.
C.
Dwelling standards.
(1)
Each of the condominium dwelling units within the development shall have a minimum floor area of not less than 1,300 square feet. Such minimum floor area shall include utility rooms but shall exclude cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during periods of unit habitation.
(2)
Number of bedrooms per dwelling unit. Each dwelling unit shall have two bedrooms.
(3)
Number of bathrooms. Each dwelling unit shall have a minimum of two full bathrooms.
(4)
Number of dwelling units per building. A maximum of two dwelling units shall be allowed within one structure.
D.
Garbage collection. The Village shall provide curbside garbage collection for all condominium dwelling units in the development. Each individual owner shall be responsible for meeting all requirements for garbage collection as from time to time promulgated by the Village.
E.
Building standards.
(1)
Each structure constructed within the district shall be constructed to building code requirements as contained within this Code and within the Administrative Code of the State of Wisconsin where applicable.
(2)
Enclosed parking. Each condominium unit located in the development shall have an attached two-car garage.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved sub-base, to depths for each application as established by the Village Engineer prior to construction.
(2)
Parking shall be limited to driveway approaches and marked parking stalls within the district. No parking shall be permitted in or on any other area.
G.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
H.
Detailed site grading plan. A detailed site grading plan shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscaped areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
I.
Developer's agreement. The developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site, inclusive of the provision of financial guarantees and a cash deposit in the amount necessary to cover the Village's costs related to said development, meeting the requirements of § 235-19D of this Code. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney.
J.
Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan and a detailed material list, and shall implement such plan after approval by the Village.
K.
Easements.
(1)
In all areas where public utilities are located outside of the Village rights-of-way, the developer shall provide the Village with easements and dimensions in accordance with the developer's agreement, such easements shall be maintained free and clear of natural plantings, accessory outdoor appurtenances or permanent outdoor recreation facilities and shall be kept free of parked vehicles, so as to allow open and free access to emergency and utility vehicles as may be from time to time required.
(2)
The developer shall grant to the Village easements over and across the private roads in the development together with additional easements over and across the aprons abutting the private roadways for purposes of providing public services, including, but not limited to, fire, rescue, police protection, pedestrian access, and garbage collection. These easements shall be 31 feet in width, with the easement center line corresponding to the center line of the pavement of the private roadway. In every instance, easements to be provided shall require that no obstruction be allowed within the thirty-one-foot width, no lighting or other utility poles be erected within the easement area, the owner or association to be responsible for removing snow accumulations from the easement area, and no parking of vehicles be allowed within the easement area.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within the easement area after giving a notice of such encroachment at least six hours prior to the removal of the property causing the encroachment. This notice shall be given by written citation placed upon the vehicle or other encroaching property. In cases of emergency, no such notice shall be required.
(b)
In the event the Village must remove personal property from the easement area pursuant to Subsection K(2)(a) hereof, the property shall be impounded by the Village until payment of the costs and forfeiture for such violation have been paid. The Village shall seek payment from the owner of the property seized and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner or association. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the property owner or the association.
(c)
In each instance where it becomes necessary for the Village to remove personal property from the easement area pursuant to Subsection K(2)(a) and (b) hereof, the penalty shall be equal to the actual costs incurred by the Village for the removal of the property, its impoundment and the collection of the costs above defined, including actual attorney's fees and costs, plus $25 to defray administrative expenses in enforcement of this subsection.
L.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
M.
Condominium declaration. At the time of recording the final site plans for the development and prior to commencement of any construction upon the property hereof, the owner shall submit to the Village a Declaration of Condominium for review and approval by the Village Attorney. Such declaration shall be recorded at the Office of the Register of Deeds for Racine County prior to the commencement of construction of the improvements as herein defined. The following items shall be included to the satisfaction of the Village Attorney in such condominium declaration:
N.
Termination of Woodfield Condominium Planned Community Development District. If substantial construction has not begun within 12 months of the approval of the Precise Implementation Plan for the development, the Woodfield Condominium Planned Community Development District shall be terminated and this subsection shall be null and void without further action by the Plan Commission or the Village Board, the zoning district in effect prior to the creation of the Woodfield Condominium Planned Community Development District shall be reinstated and the Village Board may act to rescind the developer's agreement. The criteria to be used in determining if substantial construction has commenced shall be that the building foundation of one structure has been completed and capped.
O.
Rezoning effected by passage of this amendment. The property subject of this Planned Community Development District is legally described as:
Being a part of the NW 1/4 of the NW 1/4, Section 35, Township 4 North, Range 19 East, Village of Waterford, Racine County, Wisconsin. | |
Commencing at the Northwest corner of said Section 35; thence S.00°09'07"W., along the west line of said NW 1/4, a distance of 532.04 feet; thence S.89°50'53"E., a distance of 38.52 feet to the point of beginning of the hereinafter described lands; thence S.74°39'34"E., a distance of 19.73 feet; thence S.89°59'32"E., a distance of 53.12 feet; thence S.77°47'30"E., a distance of 56.94 feet; thence S.89°58'36"E., a distance of 276.39 feet; thence N.41°55'42"E., a distance of 17.96 feet; thence S.45°45'08"E., a distance of 33.18 feet; thence N.89°48'43"E., a distance of 99.73 feet; thence S.00°11'17"E., a distance of 601.31 feet; thence S.86°31'08"W., a distance of 554.16 feet; thence N.00°25'08"E., a distance of 427.56 feet; thence N.02°02'28"E., a distance of 234.39 feet to the point of beginning. Said lands contain 344,801 square feet (7.92 acres). | |
Prior to enactment of this ordinance, a majority of the southerly portion of said real estate maintained a zoning classification of Single Family Residence District, and the northernmost portion of said land was zoned as part of the Fairview Station Planned Community Development District, set forth in § 245-78O of this Code (as amended by Ordinance 490), and upon passage of this Planned Community Development District ordinance all real estate above is removed from said districts and is, in all respects, subjected to the Planned Community Development District zoning rules and regulations of the Code of the Village of Waterford and the specific terms and conditions of this subsection. |
P.
Exhibits made a part of this section. The exhibits herein identified and referred to as the developer's agreement and the final site plan each are incorporated into this subsection by and through this specific reference, and shall be kept on file in the office of the Village Clerk and incorporated herein as though fully set forth, and each of the terms and conditions of the developer's agreement and the plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as provided by this chapter.
§ 245-80 Fluegge Planned Community Development District.
[Added 3-22-2010 by Ord. No. 550]
A.
Permitted uses. The permitted uses in this mixed-use planned community development district shall be:
(2)
Improvements related to the permitted uses, including off-street parking, common green space areas, recreational areas, easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan and Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford.
(3)
The permitted uses identified in this subsection shall be the only permitted uses allowed in the Fluegge Planned Community Development District.
B.
Uses not permitted; limitation on permitted uses.
(1)
No residential use is allowed.
(2)
No special uses as set forth in § 245-10I are allowed in the Fluegge Planned Community Development District.
(3)
No outside sales are allowed, unless those sales are in participation in an area-wide event such as a "sidewalk sale," or unless the Plan Commission specifically approves those sales as part of a Precise Implementation Plan. No tents, trailers or similar structures may be placed in the district for the purpose of conducting any sales.
[Amended 7-23-2012 by Ord. No. 590]
(4)
Green space preservation. No use other than recreational and landscaping shall be permitted in an area dedicated to green space as finally approved in a Precise Implementation Plan.
(5)
Whereas the Fluegge Planned Community Development District lies for the most part within the amended boundaries of Tax Increment District No. 2 of the Village of Waterford ("TID No. 2"), so long as TID No. 2 is in existence, no tax-exempt ownership or use shall be permitted within this district, and the land and all of the buildings and improvements on the land shall be owned and used in such a way as to be fully assessable and taxable for real estate tax and special assessment purposes, unless a payment in lieu of taxes (PILOT) is made by the owner and user as set forth in the developer's agreement. Those outlots held in undivided ownership by the parcel owners of the development and taxed to said parcel owners shall not be considered tax exempt hereunder.
C.
Conditional uses. The conditional uses identified in this subsection shall be the only conditional uses allowed in Fluegge Planned Community Development District.
(1)
The conditional uses permitted in this mixed-use planned community development district shall be light manufacturing, light industrial and related uses allowed in the Business and Industrial District as provided in § 245-22A, when those uses are of a limited nature and size and where relative proximity to other uses requires restrictive regulation, and do not include those listed in Subsection C(4) below.
[Amended 8-13-2018 by Ord. No. 658]
(2)
The Plan Commission, in approving or disapproving proposed locations for conditional uses under this subsection, shall give due consideration to the character and suitability for development in the neighborhood in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the Plan Commission regarding the attributes of the proposed use, such as increased traffic on the public streets, heavy vehicular traffic, and the emission of noise, smoke, dust or dirt, odorous or noxious gases, and the like that would be detrimental to the character and suitability of the district.
(3)
Improvements related to the conditional uses, including off-street parking, common green space areas, recreational areas, easement areas for public utilities and stormwater drainage installations as contained in the developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan and Precise Implementation Plans as from time to time submitted and which will remain on file with the Village of Waterford
(4)
Conditional uses not permitted:
(a)
No trucking company or motor freight company shall be allowed;
(b)
No heavy manufacturing uses shall be allowed, such as acid, ammonia, bleach or soap manufacture; ammunition manufacture; explosives or fireworks manufacture or storage; asphalt, coal and coal tar or coke manufacture; distillation of bones; cement, lime, gypsum or plaster of paris manufacture; fat rendering; garbage, rubbish, offal or dead animal reduction or dumping; gelatin, glue or size manufacture; manufacture, refinement or storage of inflammable gases or liquids; overground tank farms; slaughterhouses; stockyards; or smelting facilities;
(c)
No automobile wrecking yard, junkyard, or salvage yard shall be allowed.
(d)
No mini-warehousing uses shall be allowed.
(e)
No adult establishments, adult bookstores or adult-only video stores.
(f)
No tattoo and/or body-piercing establishments.
D.
Building standards. Each structure constructed within the district shall be constructed to Building Code requirements as contained within this Code (See Chapter 98, Building, Plumbing, Electrical and Mechanical Code.) and within the Administrative Code of the State of Wisconsin where applicable. Modification of the building height, setback, area, yard, parking and sign requirements found in §§ 245-21, 245-22, 245-15 and Chapter 245, Article VI, of this Municipal Code may be allowed by the Plan Commission when the use of the building is a permitted use herein.
E.
Garbage and recyclable collection. The commercial users within the district shall be responsible for the removal of garbage and recyclables pursuant to the standards and regulations of the Village. See Chapter 186 of this Code.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved subbase, to depths for each application as approved by the Village Engineer prior to construction.
(2)
Parking shall be limited to driveway approaches and marked parking stalls within the district. No parking shall be permitted in or on any other area.
G.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
H.
Detailed site grading plans. Detailed site grading plans shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
I.
Developer's agreement. The developer, owner, Village of Waterford Community Development Authority and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all improvements to the site and financial guarantees by the developer pursuant to § 235-19D of this Municipal Code, along with the issuance of building and occupancy permits. Public improvements made by the developer shall be subject to the Prevailing Wage Law of the State of Wisconsin.[1] The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village of Waterford Community Development Authority, Village Board, Village Engineer, and Village Attorney.
J.
Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement such plan after approval by the Village.
K.
Easements.
(1)
Utility easements. In all areas where public utilities are located outside of the Village rights-of-way, the owner shall provide the Village with public utility easements for the purpose of permitting the Village to re-install, re-lay, operate, repair, and maintain underground pipes and conduits for public water, storm sewer, and sanitary sewer service under the surface, and, where appropriate, above the surface, along with the right of ingress and egress, in dimensions in accordance with the developer's agreement. No building, accessory appurtenance or other structure (except mailboxes) shall be constructed in a utility easement area. Landscaping and parking lots may be constructed in an easement area; provided, however, that in the event that the landscaping is removed or damaged by the Village pursuant to its rights under the easement, the developer or landowner shall be responsible for all costs related to removal and/or restoration of said landscaping areas.
(2)
Public safety. The owner shall grant to the Village easements over and across the private paved driveways, roadways and accessways, in dimensions set forth in the developer's agreement, for purposes of providing public services, including, but not limited to, fire, rescue, police protection and, if applicable, garbage collection. The owner or association shall be responsible for removing snow accumulations from the easement area.
(3)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property which are located within a utility easement area after giving a notice that access to the area is required at least six hours prior to the removal of the property. This notice shall be given by written citation placed upon the vehicle or other property. In the event of emergency, no such notice shall be required. In the event the Village must remove vehicles or personal property from an easement area pursuant to this subsection, the property shall be impounded by the Village until the costs of removal have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the property owner.
L.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
M.
Termination of Fluegge Planned Community Development District. If no Precise Implementation Plan has been approved by the Village by September 31, 2010, or no Precise Implementation Plan for a subsequent phase of the development is approved by the Village by December 31, 2010, or if substantial construction has not begun within 12 months of the approval of a Precise Implementation Plan for a phase of the development, there shall be a stay on the development of the property, and the Village Board shall have 150 days during which no plats or certified survey maps shall be submitted for approval wherein the Village may act to rezone the property.
N.
Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as set forth in Exhibit A attached hereto,[2] and made a part hereof. Prior to enactment of this section, said real estate described in Exhibit A was annexed to the Village with the zoning classification of Planned Community Development District, the specific provisions for which were to be set forth by separate ordinance, and, upon passage of this planned community development district ordinance, all real estate above is, in all respects, permanently subjected to the Planned Community Development District Zoning Rules and Regulations of the Code of the Village of Waterford and the specific terms and conditions of this section.
O.
Exhibits made a part of this section. The exhibits herein identified and referred to as Exhibit A (the legal description),[3] the developer's agreement, and the General Development Plan each are incorporated into this section by and through this specific reference, and shall be kept on file with the Village of Waterford and incorporated herein as though fully set forth, and each of the terms and conditions of the legal description, the developer's agreement and the plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as provided by this chapter.
P.
Recording. No building permit for construction in a particular phase of the development shall be granted until the recording of those documents referenced herein which are indicated as subject of recordation in the Register of Deeds Office for Racine County, Wisconsin, for that phase of the development.
§ 245-81 Park Meadow Planned Community Development District.
[Added 2-26-2018 by Ord. No. 659; amended 12-14-2020 by Ord. No. 680]
A.
Permitted uses.
(1)
The permitted uses in this mixed-use planned community development district shall be a total of 43 duplex-family structures (consisting of a total of 86 dwelling units) substantially conforming with the Two-Family R-2 provisions set forth in § 245-19 of this chapter.
(2)
Improvements related to the permitted uses, including off-street parking, common green space areas, recreational areas, easement areas for public utilities and private stormwater drainage installations as contained in the required developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan, Precise Implementation Plans, and developer's agreement(s) as from time to time submitted and which will remain on file with the Village of Waterford and recorded with the Racine County Register of Deeds.
B.
Other uses. No other uses are allowed in the Park Meadow Planned Community Development District unless permitted pursuant to a specific provision of this chapter.
C.
Dwelling standards. Each of the dwelling units within the development shall contain at least the minimum requirements set forth in the zoning district set forth in Subsection A and shall conform with all applicable building, plumbing, electrical and mechanical codes.
D.
Area standards. Modification of the setback, yard, parking and sidewalk requirements of this Municipal Code may be allowed by the Plan Commission when the use of the building is a permitted use herein.
F.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved subbase, to depths for each application as approved by the Village Engineer prior to construction.
(2)
Parking shall be limited to driveway approaches, marked parking stalls and public streets within the district. No parking shall be permitted in or on any other area.
G.
Electric and Telephone Service. All electric and telephone service wires or cables, including cable and fiber-optic services, shall be installed underground within the boundaries of the development.
H.
Detailed site grading plans. Detailed site grading plans shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on-site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
I.
Developer's agreement. Where land division or public improvements are necessary for construction, the developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all public improvements to the development and financial guarantees by the developer pursuant to § 235-19D of this Municipal Code, along with the issuance of building and occupancy permits. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney.
J.
Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement such plan after approval by the Village.
K.
Easements.
(1)
Utility easements.
(a)
In all areas where public utilities are located outside of the Village rights-of-way, the owner shall provide the Village with public utility easements for the purpose of permitting the Village to reinstall, re-lay, operate, repair, and maintain underground pipes and conduits for public water and public sanitary sewer service under the surface, and, where appropriate, above the surface, along with the right of ingress and egress, in dimensions in accordance with the developer's agreement.
(b)
All public storm sewers shall be laid in Village rights-of-way. Stormwater management systems serving the development must be constructed pursuant to Chapter 250 of this Municipal Code, and shall remain private and the responsibility of the owner or association, and easements shall be granted to the Village in the event that it is required to provide emergency repairs or maintenance.
(c)
No building, accessory appurtenance or other structure (except mailboxes) shall be constructed in a utility easement area. Landscaping and parking may be constructed in an easement area; provided, however, that in the event that the landscaping is removed or damaged by the Village pursuant to its rights under the easement, the developer or landowner shall be responsible for all costs related to removal and/or restoration of said landscaping areas.
(2)
Public safety. The owner shall grant to the Village easements over and across any private paved driveways, roadways and accessways, in dimensions set forth in the developer's agreement, for purposes of providing public services, including, but not limited to, fire, rescue, police protection and, if applicable, garbage collection. The owner or association shall be responsible for removing snow accumulations from the easement areas.
(3)
Removal of vehicles or other personal property.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property that are located within a utility easement area after giving a notice that access to the area is required at least six hours prior to the removal of the property. This notice shall be given by written citation placed upon the vehicle or other property. In the event of emergency, no such notice shall be required.
(b)
In the event the Village must remove vehicles or personal property from an easement area pursuant to this subsection, the Village may impound the property until the costs of removal have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the property owner.
L.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads, if any, shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
M.
Bicycle path. The developer shall grade a ten-foot-wide bicycle path and improve such path with asphaltic material as approved by the Village Engineers and grant a bicycle and pedestrian easement to the Village for permanent public use for the full length of the property along STH 36.
N.
Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as set forth in Exhibit A[1] attached hereto, and made a part hereof. Prior to enactment of this section, said real estate described in Exhibit A was zoned Business District and, upon passage of this planned community development district ordinance, all real estate described on Exhibit A is, in all respects, permanently subjected to the planned community development district zoning rules and regulations of the Code of the Village of Waterford and the specific terms and conditions of this section. The attached CSM is hereby incorporated and approved by the Village to facilitate the planned phasing of the project.
[1]
Editor's Note: Exhibit A is on file in the Village offices.
O.
Exhibits made a part of this section. The exhibits herein identified and referred to as Exhibit A, the legal description, and Exhibit B, the General Development Plan, each are incorporated into this section by and through this specific reference, and shall be kept on file with the Village of Waterford and incorporated herein as though fully set forth, and each of the terms and conditions of the legal description and the General Development Plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as provided by this chapter.
P.
Recording. No building permit for construction in a particular phase of the development shall be granted until the recording of those documents referenced herein which are indicated as subject of recordation in the Register of Deeds Office for Racine County, Wisconsin, for that phase of the development.
§ 245-82 Waterford Lofts Planned Community Development Business District.
[Added 4-12-2021 by Ord. No. 682]
A.
Permitted uses. Business structures as provided in Village of Waterford Municipal Code § 245 et al and this section, excepting those listed below, including off-street parking and easement areas for public utilities and stormwater drainage installations as contained in the development plans and deed restrictions, together with the necessary support and green space areas, all as to be provided for in the plans to be submitted and which will remain on file with the Village of Waterford. The permitted uses identified in this subsection shall be the only permitted uses allowed in the Waterford Lofts Mixed Use Development District.
(1)
Art studios, potteries, photography, and other business engaged in the production of fine arts and/or crafts for retail sale on site and/or off site.
(2)
Tobacco and marijuana related retail sales businesses. Production and/or sale of marijuana and/or tobacco are both allowed on site upon the adoption of a law legalizing such by either the State of Wisconsin or the United States of America.
(3)
Restaurants, bars, distilleries, breweries, bakeries, creameries, and other businesses engaged in the retail sale of food and/or beverage on site.
(4)
Virtual reality, computer programming, STEM education businesses.
(5)
Retail banking.
(6)
Businesses primarily engaged in the retail sale on site of products.
(7)
Grocery, produce, dairy, meat and other business engaged in the preparation and retail sale of food and food products for at-home consumption.
B.
Conditional uses permitted on first floor. All conditional use permits issued shall be issued on the condition that blight is removed from TID 4 through creation of new development of Lofts Buildings 1 and 2. Other conditions may be imposed by the Plan Commission and Village Board based on objective conditions.
(1)
Law offices, real estate offices, insurance offices, title companies, financial advisory offices, bail bondsmen offices, and other offices that are of a professional service nature.
(2)
Medical offices, dental offices, hair salons, nail salons, gymnasiums, exercise facilities, yoga studios, and other offices, facilities or businesses of a personal service nature.
(3)
Online retail sales where there is not a substantial on-site retail floor space for customers to purchases products on display.
C.
Uses not permitted:
(1)
No storage or warehousing as a primary commercial use shall be allowed on the first floor;
(2)
No light manufacturing, fabricating or assembling businesses shall be allowed;
(3)
No trucking company or motor freight company shall be allowed;
(4)
Automotive, ATV, RV, or other vehicle sales, service or rental.
D.
Green space preservation. No use other than dining, recreational and landscaping shall be permitted in an area dedicated to green space as finally approved in a precise implementation plan.
E.
Special uses. Drive through service shall be permitted as long as the drive through is not visible directly from Main St.
F.
Garbage collection. Garbage collection shall be provided to the commercial users within the district based upon the standards and regulations of the Village at the time of construction of any such commercial structure.
G.
Building standards. Each structure constructed within the district shall be constructed to building code requirements as contained within this Code and within the Administrative Code of the State of Wisconsin where applicable.
H.
Off-street automobile parking facilities.
(1)
The number and size of parking spaces ultimately approved as part of a precise implementation plan for this development shall be maintained for the life of the development.
(2)
All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved sub-base, to depths for each application as established by the Village Engineer prior to construction, giving consideration to the anticipated traffic flow and nature of vehicles to be serviced by said facilities.
I.
Electric and telephone service. All electric and telephone service wires or cables, including cable television services, shall be installed underground within the boundaries of the development.
J.
Detailed site grading plans. Detailed site grading plans shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
§ 245-83 DeGrave Farms Planned Community Development District.
[Added 2-6-2023 by Ord. No. 691]
A.
Areas. The DeGrave Farms Planned Community Development shall be comprised of two specific areas. The area east of South Loomis Road, comprising approximately 28.68 acres, shall be designated as the "East Area." The area west of South Loomis Road, comprising approximately 19.35 acres, shall be designated as the "West Area."
B.
Permitted uses.
(1)
East and West Areas.
(a)
East Area: the permitted residential uses in the East Area of this mixed-use planned community development district, together with one existing single-family residence, substantially conforming with the Single Family Residence District provisions set forth in § 245-18 of this chapter. The additional permitted uses in the East Area of this mixed-use planned community development district shall be a total of five twelve-unit multifamily structures substantially conforming with the Multiple Family Residence District provisions set forth in § 245-20 of this chapter.
(2)
Improvements related to the permitted uses, including off-street parking, common green space areas, recreational areas, easement areas for public utilities and private stormwater drainage installations as contained in the required developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan, Precise Implementation Plans, and developer's agreement(s) as from time to time submitted and which will remain on file with the Village of Waterford and recorded with the Racine County Register of Deeds.
C.
Other uses. All single-family structures may be occupied as single-family, two-family duplex and/or up to four-family multifamily. No other uses are allowed in the DeGrave Farms Planned Community Development District unless permitted pursuant to a specific provision of this chapter.
D.
Dwelling standards. Each of the dwelling units within the development shall contain at least the minimum requirements set forth in the zoning district set forth in Subsection A and shall conform with all applicable building, plumbing, electrical and mechanical codes.
E.
Area standards. Modification of the setback, yard, parking and sidewalk requirements of this Municipal Code may be allowed by the Plan Commission when the use of the building is a permitted use herein.
G.
Automobile parking and parking facilities.
(1)
All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved subbase, to depths for each application as approved by the Village Engineer prior to construction.
(2)
Parking shall be limited to driveway approaches, marked parking stalls and public streets within the district. No parking shall be permitted in or on any other area.
H.
Electric and telephone service. All electric and telephone service wires or cables, including cable and fiber-optic services, shall be installed underground within the boundaries of the development.
I.
Detailed site grading plans. Detailed site grading plans shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on-site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.
J.
Developer's agreement. Where land division or public improvements are necessary for construction, the developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended, in writing, as from time to time required, to address the installation of all public improvements to the development and financial guarantees by the developer pursuant to § 235-19D of this Municipal Code, along with the issuance of building and occupancy permits. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney.
K.
Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list and shall implement such plan after approval by the Village.
L.
Easements.
(1)
Utility easements.
(a)
In all areas where public utilities are located outside of the Village rights-of-way, the owner shall provide the Village with public utility easements for the purpose of permitting the Village to reinstall, re-lay, operate, repair, and maintain underground pipes and conduits for public water and public sanitary sewer service under the surface, and, where appropriate, above the surface, along with the right of ingress and egress, in dimensions in accordance with the developer's agreement.
(b)
All public storm sewers shall be laid in Village rights-of-way. Stormwater management systems serving the development must be constructed pursuant to Chapter 250 of this Municipal Code, and shall remain private and the responsibility of the owner or association, and easements shall be granted to the Village in the event that it is required to provide emergency repairs or maintenance.
(c)
No building, accessory appurtenance or other structure (except mailboxes) shall be constructed in a utility easement area. Landscaping and parking may be constructed in an easement area; provided, however, that in the event that the landscaping is removed or damaged by the Village pursuant to its rights under the easement, the developer or landowner shall be responsible for all costs related to removal and/or restoration of said landscaping areas.
(2)
Public safety. The owner shall grant to the Village easements over and across any private paved driveways, roadways and accessways, in dimensions set forth in the developer's agreement, for purposes of providing public services, including, but not limited to, fire, rescue, police protection and, if applicable, garbage collection. The owner or association shall be responsible for removing snow accumulations from the easement areas.
(3)
Removal of vehicles or other personal property.
(a)
The Village shall have the right to tow any vehicles and similarly remove any other types of personal property that are located within a utility easement area after giving a notice that access to the area is required at least six hours prior to the removal of the property. This notice shall be given by written citation placed upon the vehicle or other property. In the event of emergency, no such notice shall be required.
(b)
In the event the Village must remove vehicles or personal property from an easement area pursuant to this subsection, the Village may impound the property until the costs of removal have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the property owner.
M.
Private street and drive maintenance. Private off-street parking areas, walks, and access roads, if any, shall be maintained by the owner so as to provide safe access at all times to all areas of the development.
N.
Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as set forth in Exhibit A,[1] attached hereto and made a part hereof. Prior to enactment of this section, said real estate described in Exhibit A was zoned business district and, upon passage of this planned community development district ordinance, all real estate described on Exhibit A is, in all respects, permanently subjected to the planned community development district zoning rules and regulations of the Code of the Village of Waterford and the specific terms and conditions of this section. The attached CSM[2] is hereby incorporated and approved by the Village to facilitate the planned phasing of the project.
O.
Exhibits made a part of this section. The exhibits herein identified and referred to as Exhibit A, the legal description, and Exhibit B,[3] the General Development Plan, each are incorporated into this section by and through this specific reference, and shall be kept on file with the Village of Waterford and incorporated herein as though fully set forth, and each of the terms and conditions of the legal description and the General Development Plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as provided by this chapter.
[3]
Editor's Note: Exhibit B is on file in the office of the Village Clerk.
P.
Recording. No building permit for construction in a particular phase of the development shall be granted until the recording of those documents referenced herein which are indicated as subject of recordation in the Register of Deeds Office for Racine County, Wisconsin, for that phase of the development.