§ 60-69. PDO Planned Development Overlay District.
(a)
Purpose.
(1)
Generally. The PDO Planned Development Overlay District is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic, to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PDO District under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district.
(2)
Condominiums. The unified and planned development of a site in a single or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Wis. Stats. ch. 703, condominiums, may be permitted by the town upon specific petition under this section and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section have been met. Any request for a condominium project shall be reviewed as a PDO Planned Development Overlay District.
(3)
Subdivisions. Any request for a subdivision project or multiple land divisions which create new private or town highways shall be reviewed as a PDO Planned Development Overlay District.
(b)
Permitted uses. Uses permitted in a Planned Development Overlay District shall conform to uses generally permitted in the underlying basic use district. Individual structures shall comply with the specific building area and height requirements of the underlying basic use district. All open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.
(c)
Minimum area requirements.
(1)
Generally. Areas designated as Planned Development Overlay Districts shall be under single or corporate ownership or control and shall contain a minimum development area of:
Principal Uses Minimum Area of PDO Residential PDO 3 acres Business PDO 3 acres Industrial PDO 10 acres (2)
Plan commission modification. Upon request, the plan commission may consider PDO areas less than prescribed in subsection (c)(1) of this section.
(d)
Procedural requirements.
(1)
Pre-petition conference. Prior to the official submission of the petition for the approval of a Planned Development Overlay District, the owner or his agent making such petition shall meet with the plan commission or its staff, the building inspector, and the zoning administrator to discuss the scope and proposed nature of the contemplated development.
(2)
Petition and fee. Following the pre-petition conference, the owner or his agent may file a petition with the building inspector for approval of a Planned Development Overlay District. Such petition shall be accompanied by a review fee, as required by the town board and the following information in this section.
(3)
Information statement. A statement which sets forth the relationship of the proposed PDO to the town's adopted master plan, if applicable, or any adopted component thereof, and the general character of and the uses to be included in the proposed PDO, including the following information:
a.
Total area to be included in the PDO, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
b.
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
c.
A general outline of the organization structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.
d.
Any proposed departures from the standards of development as set forth in the town's zoning regulations, other town regulations or administrative rules, or other universal guidelines.
e.
The expected date of commencement of physical development as set forth in the proposal.
(4)
General development plan requirements. A general development plan including:
a.
A legal description of the boundaries of the subject property included in the proposed PDO and its relationship to surrounding properties.
b.
The location of public and private roads, driveways, and parking facilities.
c.
The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.
d.
The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.
e.
The type, size and location of all structures.
f.
General landscape treatment.
g.
Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of proposed structures.
h.
The existing and proposed location of sanitary sewer and water supply facilities.
i.
The existing and proposed location of all private utilities or other easements.
j.
Characteristics of soils related to contemplated specific uses.
k.
Existing topography on the site with contours at no greater than two-foot intervals.
l.
Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
m.
Restrictive covenants and deed registrations for the proposed PDO subdivision shall be filed with the final plat.
n.
The legal instruments creating a property owners' association for the ownership and/or maintenance of common lands and stormwater detention facilities in the PDO.
o.
Additional information as may be reasonably requested by the plan commission or town board.
(5)
Referral to plan commission. The petition for a planned development overlay district shall be referred to the town plan commission for its review and recommendation, including any additional conditions or restrictions which it may deem necessary or appropriate.
(6)
Public hearing. The town plan commission shall hold a public hearing or a joint public hearing with the town board. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned development overlay district. As soon as is practical following the hearing, the plan commission shall report its findings and recommendations to the town board.
(e)
Compliance. All proposed PDO projects shall be in compliance with all requirements of this section and the following, if applicable, and/or when adopted:
(1)
The provisions of Wis. Stats. ch. 236 and Wis. Stats. § 82.18.
(2)
The rules of the division of health, state department of commerce, contained in Wis. Admin. Code ch. H 85 for subdivisions not served by public sewer.
(3)
The rules of the division of highways, state department of transportation, contained in Wis. Admin. Code ch. HY 33 for subdivisions which abut a state trunk highway or connecting street.
(4)
The rules of the state department of natural resources contained in the Wis. Admin. Code for floodplain management program (Wis. Admin. Code § Comm 21.33 et seq.).
(5)
Comprehensive plans or components of such plans prepared by state, regional, county or municipal agencies duly adopted by the town board.
(6)
All applicable town and county regulations, including zoning, sanitary, building and official mapping ordinances.
(7)
The town master plan, smart growth plan, or components thereof, and applicable ordinances of any city or village whose extraterritorial jurisdiction extends into the town.
(8)
Applicable provisions of the town zoning code.
(9)
All applicable rules contained in the Wisconsin Administrative Code not listed in this subsection.
(f)
Basis for approval of the petition. The town plan commission, in making its recommendation, and the town board, in making its determination, shall consider:
(1)
Satisfactory construction schedule. The petitioners for the proposed Planned Development Overlay District have indicated that they intend to begin the physical development of the PDO within nine months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the town.
(2)
Proposal consistent with chapter intent. The proposed Planned Development Overlay District is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter; is in conformity with the adopted master plan or any adopted component thereof; and that the development would not be contrary to the general welfare and economic prosperity of the community.
(3)
General findings by plan commission and town board. The town plan commission in making its recommendations and the town board in making its determination shall further find that:
a.
The proposed site shall be provided with adequate drainage facilities for surface waters and stormwaters.
b.
The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.
c.
No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.
d.
The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the town.
e.
The entire tract or parcel of land to be included in a Planned Development Overlay District shall be held under single ownership, or if there is more than one owner, the petition for such Planned Development Overlay District shall be considered as one tract, lot or parcel, and the legal description must define said PDO as a single parcel, lot or tract and be so recorded with the register of deeds for the county.
(4)
Findings for residential PDO. In the case of a proposed Residential Planned Development Overlay District:
a.
Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.
b.
The total net residential density within the Planned Development Overlay District will be compatible with the town master plan or component thereof.
c.
Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.
d.
Adequate, continuing fire and law enforcement protection is available.
e.
The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
f.
Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation or maintenance or by dedication to the public.
(5)
Findings for business PDO. In the case of a proposed Business Planned Development Overlay District:
a.
The proposed development will be adequately served by off-street parking and truck service facilities.
b.
The proposed development shall be adequately provided with and shall not impose any undue burden on public service and facilities such as fire and police protection, street maintenance, and maintenance of public areas.
c.
The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
d.
The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
(6)
Findings for industrial PDO. In the case of a proposed Industrial Planned Development Overlay District:
a.
The operational character, physical plant arrangement and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.
b.
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
c.
The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
d.
The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
(g)
Determination. The town board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a Planned Development Overlay District shall be based upon and include as conditions thereto the building, site and operational plans for the development as approved by the town board.
(h)
Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the plan commission and, if in the opinion of the plan commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the plan commission shall be required and notice thereof be given pursuant to the provisions of subsection (d)(6) of this section, and said proposed alterations shall be submitted to the town board for approval.
(i)
Subsequent land division. The division of any land within a Planned Development Overlay District for the purpose of change of conveyance of ownership shall be accomplished pursuant to the applicable land division regulations and when such division is contemplated, a preliminary plat of the land to be divided shall accompany the petition for PDO approval.
(j)
Payment for improvements.
(1)
The improvements prescribed in chapter 44, regarding construction of new town highways as part of a new subdivision are required as a condition of approval of a PDO. The required improvements shall be installed, furnished and financed at the sole expense of the subdivider/applicant. However, in the case of required improvements in a business or industrial area, the cost of such improvements may, at the sole discretion of the town board, be financed through special assessments.
(2)
During the course of construction, the town shall make such inspections as the town board deems necessary to ensure compliance with the plans and specifications as approved. The applicant shall pay the actual cost incurred by the town for such inspections. This fee shall be the actual cost to the town of inspectors, engineers and other parties necessary to ensure satisfactory work.
(k)
Record plans. After completion of all public improvements and prior to final acceptance of said improvements, the subdivider shall make or cause to be made three copies of record plans showing the actual location of all improvements and such other facilities as the town shall require. These plans shall be prepared on the original Mylars of the construction plans and shall bear the signature and seal of a professional engineer registered in the state. The presentation of the record plans shall be a condition of final acceptance of the improvements and release of the surety bond assuring their completion.
(l)
Utility easements. The town board, on the recommendation of appropriate agencies serving the town, shall require utility easements for poles, wires, conduits, storm sewers, gas or other utility lines. It is the intent of this subsection to protect all established easements so as to ensure proper grade, ensure maintenance of the established grade, prohibit construction of permanent fences or retaining walls over underground installation and prevent the planting of trees in the easement area.
(m)
Drainage easements. Where a subdivision PDO is traversed by a watercourse, drainageway, channel or stream:
(1)
There shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose and as may be necessary to comply with this section;
(2)
The watercourse, drainageway, channel or stream may be relocated in such a manner that the maintenance of adequate drainage will be ensured and the same provided with a stormwater easement or drainage right-of-way conforming to the lines of the relocated watercourse, and such further width or construction, or both, as will be adequate for the purpose and may be necessary to comply with this section; or
(3)
Wherever possible, it is desirable that drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume flow. In all cases, such watercourse shall be of a minimum width established at the high-water mark or, in the absence of such specification, not less than 30 feet. If, in the opinion of the town engineer, the easement will be for a major drainage swale, the easement shall be of sufficient width to contain a 100-year frequency storm. If the drainage easement is located in an established floodway or flood fringe district, the entire floodplain area shall be included within the drainage easement.
(n)
Easement locations. Such easements shall be at least 12-feet wide, or wider where recommended by the town engineer, and may run across lots or alongside of rear lot lines. Such easements should preferably be located along rear lot lines. Evidence shall be furnished the town board that easements and any easement provisions to be incorporated in the plat or in deeds have been reviewed by the individual utility companies or the organization responsible for furnishing the services involved.
(Code 2006, § 13-1-50)