Village of Hobart CHAPTER 296: LAND DIVISION & SUBDIVISION REGULATIONS TABLE OF CONTENTS

Transcription

1 Article I. Introduction TABLE OF CONTENTS Title Authority Jurisdiction Adoption Purpose and Intent Severability Abrogation and Greater Restrictions Interpretation Variance of Regulations Effective Date through Reserved for future use... 3 Article II. General Provisions Coverage and Compliance Building Permits Land Suitability Environmentally Sensitive Areas Erosion Control and Stormwater Management Requirements Stormwater and Drainage Requirements Violations Penalties Fees Appeals Replat Development Agreement Prevailing Wage Requirements through Reserved for future use... 9 Article III. Minor Land Division by Certified Survey Map When Required Submittal of a Certified Survey Map Required Information Testing Review and approval February 2017 i

2 through Reserved for future use Article IV. Subdivision Plats Concept Plan Conservation Subdivision Plats Preliminary Plat Final Plat Replat and Assessor s Plat Condominium Developments through Reserved for future use... Article V. Standards and Improvements General Design Standards Drainage Standards Easements Sanitary Sewers and Onsite Wastewater Treatment Water Facilities Road and Street Design Standards For Conservation Subdivisions Improvements through Reserved for future use Article VI. Development Agreement Development Agreement Financial Security through Reserved for future use Article VII. R-2 Definitions Words Defined February 2017 ii

3 Article I. Introduction Title. This Chapter shall be known, cited and referred to as "the Village of Hobart Land Division & Subdivision Regulations, Brown County, Wisconsin." Authority. A. The Village Board of the Village of Hobart has the specific authority, powers, and duties pursuant to 61.35, 62.23, and ,the Wisconsin Statutes, as amended or renumbered from time to time, pursuant to the specific statutory sections noted in this Chapter to regulate the subdivision of land. This Chapter shall be interpreted and enforced by the Village Board, Village of Hobart. B. The Village Board of the Village of Hobart has, by adoption of this Chapter, confirmed the specific statutory authority, powers, and duties noted in the specific sections of this Chapter and has established by these sections and this Chapter, the specific areas and the regulations and controlling of certain uses, activities, businesses, and operations in the Village of Hobart Jurisdiction. The jurisdiction of this Chapter shall include all lands and waters within the Village of Hobart Adoption. The Village Board, by this Chapter, adopted on proper notice with a quorum and roll call vote by a majority of the Village Board present and voting, provides the authority for the Village Board to regulate and approve certain land divisions and certified surveys in the Village of Hobart. Pursuant to (4), Wis. stats., a public hearing was held before the adoption of this Chapter and notice of the hearing was given by publication of a class 2 notice, under ch. 985, Wis. Stats Purpose and Intent. The purpose of this Chapter is to promote the public health, safety and general welfare of the Village of Hobart, and to: A. Preserve the rural character, scenic vistas, and natural beauty of the Village. B. Supplement County, State, and Federal land division controls. C. Encourage the most appropriate use of the land throughout the Village. D. Further the orderly layout and use of land. E. Facilitate the division of larger parcels into smaller parcels of land. F. Minimize the impact to the public resulting from the division of large tracts into smaller parcels of land in the Village. G. Provide the best possible environment for living in the Village. May

4 H. Ensure that residential development in the Village occurs in an orderly manner. I. Avoid congestion and provide adequate ingress and egress on the streets and highways to ensure that the design of the street system will not have a negative long-term effect on neighborhood quality, traffic flow, and safety in the Village. J. Secure safety from fire, panic, and other dangers. K. Provide adequate light and air; to prevent the over-crowding of land. L. Protect and preserve natural resources, wildlife habitat, and open space to the greatest degree practicable. M. Provide for administration and enforcement of this chapter by the Planning and Zoning Commission and Village Board. N. Realize goals, objectives, policies, and development standards set forth in plans, codes, and chapters adopted by the Village. O. Enforce the goals and policies set forth in the Village of Hobart Comprehensive Plan Severability. A. If any section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. B. If any application of this Chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment Abrogation and Greater Restriction. It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, chapters, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this Chapter imposes greater restrictions, the provisions of this chapter shall govern Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes Variance of Regulations. A. When the Planning and Zoning Commission finds that injustice or hardship will result from strict compliance with this Chapter, it may allow divergence from the terms hereof to the extent deemed necessary and proper to grant relief, provided that the variance meets all the following standards: (1) The variance is due to the unique physical features of the site. May

5 (2) The variance is the minimum deviation from the terms of this Chapter necessary to mitigate the injustice or hardship. (3) The variance is not detrimental to the public interest and is in keeping with the general spirit and intent of this Chapter. B. Application for any variance shall be made in writing by the Subdivider at the time the application is filed for consideration, stating specifically the circumstances upon which the Subdivider is relying, the variance requested, and how the request meets the standards set forth above. The request shall be supplemented with maps, plans and other additional data that may aid the Planning and Zoning Commission in the analysis of the request. C. The Planning and Zoning Commission shall conduct a public hearing to permit parties of interest to comment on the variance request. D. If a hearing is determined necessary, the Subdivider shall be responsible for payment of a hearing fee as established by the Village of Hobart Fees and Licenses Schedule. The Planning and Zoning Commission shall then fix a reasonable time and place for the hearing. Notice of the time and place of such hearing shall be given by publication in the Class 1 notice, under Ch. 985, Wis. Stats. A copy of such notice shall be mailed by first class mail with an Affidavit of Mailing at least 10 days prior to the date of such hearing to all property Subdividers within three-hundred (300) feet if located within a Sanitary District of five-hundred (500) feet if located outside of a Sanitary District. E. A majority vote of the entire membership of the Planning and Zoning Commission shall be required to grant any variance to these regulations and any variance thus granted shall be entered in the minutes of the Planning and Zoning Commission setting forth the reasons which, in the opinion of the Planning and Zoning Commission, justified the variance Effective Date. This Chapter shall be effective after a public hearing, adoption by the Village of Hobart, and publication. The effective date for this chapter is MONTH DAY, through Reserved for future use. May

6 Article II. General Provisions Coverage and Compliance. A. This chapter applies to all lands in the Village of Hobart. The Village Board shall be responsible to administer this Chapter unless it designates by Resolution such other authority. B. No person, unless exempt under this Chapter, shall divide or create a division of any land in the Village of Hobart subject to the requirements of this Chapter and no land division shall be entitled to be recorded in the Office of the Register of Deeds for Brown County unless the final land division, plat, or map as approved by the Village Board or its designee is in full compliance and consistent with all of the following: (1) All requirements of this Chapter. (2) Chapter 236, Wis. Stats. (3) The Village of Hobart Comprehensive Plan adopted under , Wis. stats., or other Village Land Use Plan or any component thereof; (4) The applicable Village of Hobart and Brown County zoning regulations, building code, sanitary code, erosion control regulations, and other land division regulations; (5) State Department of Natural Resources and State Department of Safety and Professional Services, or their successor Departments, administrative rules on wetlands, shorelands, sewers, septic systems, potable water supply, and pollution abatement. (6) All applicable State and local sanitary codes. (7) All applicable Chapters of the Village of Hobart Code of Chapters. (8) All State Department of Transportation and Brown County Highway Department Administrative rules relating to safety of access and the preservation of the public interest and investment in the highway system, if the land owned and controlled by the land divider abuts on a state or county trunk highway or connecting road or street. C. Any parcel in the Village of Hobart, which shall be divided by a land division regardless of the parcel size, shall require, at minimum, a Certified Survey Map to be recorded in the Brown County Register of Deeds Office with approval by the Village Board or its designee under this Chapter prior to recording. D. Any outlots created on a Certified Survey Map shall be accompanied with a statement of purpose, Ownership, and use of the outlot. E. No person shall construct upon, convey, record, or place survey monuments, conduct surveys, layout parcels, or outlots, or create plats or maps on any land in the Village of Hobart in violation of this Chapter or the Wisconsin Statutes. F. No person shall be issued a driveway or culvert permit, building permit, or any other permit or license authorizing any construction, installation, or improvement on any land within the Village of Hobart, except land subject to a land division that was of record as of the effective date of this Chapter, until the provisions and requirements of this Chapter have been fully met by the land divider. The Village Board may institute the appropriate action or proceedings to enjoin violations of this Chapter. There may be additional State and County requirements that apply. G. All land division approvals required by the State of Wisconsin Department of Administration, or its successor Department, for specific land divisions, including any Statutory Subdivisions, Minor Land Divisions, or Certified Surveys shall be obtained as a condition of approval by the Village Board or its designees. May

7 H. All land division, plats, or Certified Survey Maps, upon receipt of final approval by the Village Board or its designees, shall be recorded in the Office of the Register of Deeds by the land divider at the cost of the land divider within twelve months after the last approval and 36 months from the first approval. Final plat approval shall comply for recording with and Wis. Stats. I. No persons shall make, record, or replat any land division, except as provided under 70.27(1) Wis. Stats if it alters areas dedicated to the public without proper Court action to vacate or discontinue such plat, map, or part thereof. J. No land shall be granted a land division approval if the Village Board determines that any proposed land division plat or Certified Survey Map will materially interfere or conflict with the goals, objectives, and policies as set forth in the Village Comprehensive Plan. K. No land shall be granted a land division approval for a purpose that poses a significant threat to the quality or quantity of groundwater in the Village of Hobart. L. No land shall be divided if it is held unsuitable by the Village Board for its proposed use for reason of flooding, inadequate drainage, dangerous or hazardous land conditions, adverse soil or rock formation, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal or maintenance capabilities, impairment of wildlife habitat and scenic vistas, improper utilization of prime farm soils, undue costs and inefficiencies in the provision of Village of Hobart governmental services, or any other feature likely to be harmful to the health, safety, or welfare of current or future residents of the Village of Hobart, or likely to cause a public nuisance in the Village of Hobart. The Planning and Zoning Commission may require any proposed land divider to furnish maps, data, and other information as may be necessary to determine land suitability. M. No person shall be granted any land division approval by the Village Board until the appropriate application fees have been paid to the Village Clerk. N. No person shall be granted any land division approval by the Village of Hobart who has failed to properly and fully complete and submit to the Village Board the application form developed and provided by the Village of Hobart. O. No person shall be issued a final land division approval by the Village Board until the Subdivider makes or installs all improvements deemed necessary by the Village Board or until the Subdivider executes a development agreement and provides a financial guarantee acceptable to the Village Board to ensure that the Subdivider will make these improvements within a time established by the Village Board. P. No person shall be granted a final land division approval by the Village Board until the Subdivider obtains any necessary permits or approvals as required by any relevant applicable County, State, or Federal Departments or Agencies. Q. No person shall be granted a final land division approval by the Village Board until the Subdivider agrees in writing to be responsible for the cost of any necessary alteration of any existing utilities by virtue of a land division within the public right-of-way. R. No person shall be granted a land division approval by the Village Board unless all public improvements to be constructed or installed as required by the Village Board within the land division plat area or Certified Survey Map area meet the requirements established in writing by the Village Board. May

8 Building Permits. The Village shall not issue any building permit relating to any parcel of land forming all or any part of land included in a subdivision, land division, or replat originally submitted to the Village on or after the effective date of this Chapter until the applicant has complied with all of the provisions and requirements of this Chapter Land Suitability. No land shall be developed which is held to be unsuitable for any proposed use if identified as being environmentally sensitive. Areas identified as being environmentally sensitive include, but are not limited to: A. All areas mapped as Floodway by the Federal Emergency Management Agency (FEMA), Wisconsin Department of Natural resources (WDNR), Wisconsin Department of Safety and Professional Services (WSPS) or other public or private entity and incorporated into the County Floodplain Ordinance. B. All areas mapped Wetland by the WDNR and depicted on the Wisconsin Wetlands Inventory Maps. C. All areas within seventy-five (75) feet of the ordinary high-water mark of navigable streams, as identified on, but not necessarily limited to, the United States Geological Survey 7.5 minute quadrangle maps. D. All areas having slopes steeper than twelve (12%) percent. E. Areas determined to be environmentally sensitive may be included in a land division if identified as an outlot or other designation that would indicate that the land is not available for development. F. No land division shall be allowed where such division shall increase the non-conformity of a structure, use, or parcel, or where a non-conforming structure, use, or parcel would be created as a result of the division without a properly reviewed and approved variance. G. Each parcel shall have a continuous area of at least three thousand (3,000) square feet which has ground slopes not exceeding twelve (12) percent. H. The Planning and Zoning Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for residential use and afford the Subdivider an opportunity to present evidence in rebuttal to such findings of unsuitability if he/she so desires. Thereafter, the Planning and Zoning Commission may affirm, modify or withdraw its determination of unsuitability Environmentally Sensitive Areas. A. Environmentally sensitive areas shall consist of the following water-related features: (1) Wetlands. (2) Land within fifty (50) feet of wetlands that are larger than two (2) acres in size. (3) Floodways plus fifty (50) feet (but not beyond the floodplain boundary) or seventy-five (75) feet beyond the ordinary high-water mark, whichever is greater. (4) Land within one-hundred (100) feet of navigable waters if there is no WDNR or FEMA approved flood study. (5) Land within twenty-five (25) feet of non-navigable waterways shown on the USGS topographic quadrangle maps (7.5-minute series). May

9 (6) Steep slopes of twelve percent (12%) or greater that are immediately adjacent to or extend into any of the features listed above. (7) All lands identified as environmentally sensitive in the Brown County Comprehensive Plan. B. Environmentally sensitive areas shall be shown on all preliminary and final plat maps and certified survey maps unless waived by the Planning and Zoning Commission. Except for amendments approved by the Planning and Zoning Commission or WDNR, restrictions shall be placed on all plats and certified survey maps regarding development and land-disturbing activities within environmentally sensitive areas. Notes or disclaimers may be included on plats and certified survey maps indicating that the extent of the environmentally sensitive area is subject to change due to the granting of amendments, revisions to the definition of the environmentally sensitive area, or provision of more detailed information, such as flood studies. C. When a proposed land division is located wholly or in part in an area where flooding or potential flooding may be a hazard, floodplain lines and, where calculated, floodway lines shall be shown on final plans and maps unless waived by the Planning and Zoning Commission. Floodplain boundaries as determined by the Subdivider shall be reviewed and approved by the WDNR Erosion Control and Stormwater Management Requirements. All land divisions shall comply with the requirements and procedures of any relevant Village of Hobart or Brown County erosion and sedimentation control and stormwater management ordinances Stormwater and Drainage Requirements. A. The surface water and stormwater drainage facility protections required by this section shall be expressly noted on the face of the final plat or certified survey map. The protections shall expressly grant the Village the right to enforce the protections. The Village may, in its discretion, also require such protections and the right of Village enforcement to be separately set forth in an easement/restrictive covenant recorded with the Brown County Register of Deeds office. B. Drainageways. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within a street or road right-of-way, the drainageway shall be protected by a perpetual unobstructed easement not less than thirty (30) feet in width with satisfactory access to a public right-ofway. Drainageway easements shall be protected by the following express provisions. (1) Drainage Easement Restrictions. The following uses and structures are prohibited within all drainage easements in the subdivision plat: filling, grading, and excavating except for the construction of drainageways and drainage facilities; the cultivation of crops, fruits, or vegetables; the dumping or depositing of ashes, waste, compost, or materials of any kind; the storage of vehicles, equipment, materials, or personal property of any kinds; and constructing, erecting, or moving any building or structure, including fences, within the drainage easement. (2) Maintenance of Drainage Improvements. Maintenance of drainageways and associated drainage improvements shall be the responsibility of the property Subdividers of the subdivision plat. Brown County and the Village retain the right to perform maintenance or repairs. The cost of maintenance and repairs shall be equally assessed among the property Subdividers of the subdivision. The purchase of any lot constitutes a waiver of objection and agreement to pay any such assessment which shall be places on the tax bill as a special assessment. (3) Drainage Maintenance Easement. Brown County and the Village shall have an unqualified right to enter upon any drainage easement or outlot for the inspection and, if necessary, maintenance and repair of the drainageways and associated drainage improvements. May

10 C. Drainage Detention/Retention Facilities. All drainage detention, drainage retention, or drainage basin facilities shall be protected by a perpetual unobstructed easement with satisfactory access to a public rightof-way. Drainage detention, retention, or basin facilities shall be subject to the same protection provisions as drainageways in subsection B above. D. Outlots for Drainage Facilities. The Village may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary for the preservation of drainage facilities, require that any drainageway or drainage detention/retention facility, in whole or in part, be made part of an outlot for dedication or subsequent conveyance to a homeowner s association subject to the protections and restrictions set forth in this section. E. Drain Tiles. The face of the final plat shall contain the following statement: Any agricultural drain tile which is disturbed, cut, or broken as part of the development of the plat or excavation for home construction must be repaired and/or relocated to allow for the drain tile to continue to drain as originally designed. The cost of repair or relocation must be borne by the party or his agent damaging the drain. F. Grades. The face of the plat shall contain the following statement: All grading and final grades for the construction of any public or private improvement shall conform to the drainage plan as approved by Brown County and the Village of Hobart. G. Dedication of Drainage Facilities. The Village may, when it deems it necessary for the health, safety, and welfare of the present and future population of the area; necessary for the future development of the watershed; and necessary for the preservation of drainage facilities, require that any drainageway or drainage detention facility be dedicated to the Village. H. Off Site Drainage. Whenever a proposed drainage system will require the conveyance of surface water across private property outside of the subdivision or land division, the Village may require that appropriate drainage rights be secured and indicated on the plat or certified survey map Violations. No person shall build upon, divide, convey, record or monument any land in violation of this Chapter or the Wisconsin Statutes. No permit shall be issued authorizing the building on or improvement of any subdivision, replat or Certified Survey Map within the jurisdiction of this Chapter and not of record as its effective date until the provisions and requirements of this Chapter have been fully met. The Village may institute appropriate action or proceedings to enjoin violations of this Chapter or the applicable Wisconsin Statutes Penalties. A. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, forfeit not less than $200.00, plus any additional applicable costs incurred by the Village for each offense. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties are not limited to, but may include the following: (1) Recordation improperly made shall be subject to the provisions of Sec , Wisconsin Statutes. (2) Conveyance of parcels in unrecorded plats shall be subject to the provisions of Sec , Wisconsin Statutes. (3) Monuments disturbed or not placed shall be subject to the provisions of Sec , Wisconsin Statutes. May

11 (4) An assessor's plat may be ordered by the Village when a subdivision is created by successive divisions as provided in Sec (2), Wisconsin Statutes Fees. The Subdivider shall pay the to Village all required fees at the specified time. Fees shall be established in the Village of Hobart fee schedule from time to time by resolution of the Village Board Appeals. Any person aggrieved by an objection to a plat or failure to approve a plat may appeal as provided in Sections (5) and 62.23(7), Wis. Stats Replat. When it is proposed to replat a recorded land division, or part thereof, so as to change the exterior boundaries of a recorded land division, or part thereof, the Subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in Chapter 236, Wis. Stats. The Subdivider, or person wishing to replat, shall then proceed as specified in this ordinance. The Clerk shall schedule a public hearing before the Planning and Zoning Commission when a proposed Preliminary Plat of a replat of lands within the Village limits is filed, and shall cause notices of the proposed replat and public hearing to be mailed to the Subdividers of all properties within the limits of the exterior boundaries of the proposed replat and to the Subdividers of all properties within threehundred (300) feet if located in a sanitary district or five-hundred (500) feet if outside a sanitary district of the exterior boundaries of the proposed replat Development Agreement. As a condition of certified survey map or final plat approval for any land divisions requiring any improvements, the Subdivider shall enter into a Development Agreement with the Village Prevailing Wage Requirements. The installation or construction of any improvements dedicated to the Village of Hobart shall comply with the Prevailing Wage Rate requirements of Section Wis. Stats., as applicable through Reserved for future use. May

12 Article III. Minor Land Divisions When Required. When it is proposed to divide land into at least two (2) but not more than four (4) parcels or building sites or when it is proposed to create by land division not more than four (4) parcels or building sites within a recorded Subdivision Plat without changing the exterior boundaries of the block, parcel or outlot, the Subdivider shall subdivide by use of a Certified Survey Map Submittal of a Certified Survey Map. Prior to the filing of an application for the approval of a Certified Survey Map, the Subdivider may consult with the Zoning Administrator in order to obtain advice and assistance in the preparation of the Certified Survey Map, including compliance with chapter 295: Zoning and consistency with the adopted Village of Hobart Comprehensive Plan. Creation of a minor land division shall be by Certified Survey Map and shall be submitted to the Village of Hobart Planning & Zoning Commission. The Certified Survey Map shall be prepared according to Wisconsin Statutes, Section and shall show clearly on its face those items listed in this section. In addition, the names of all landowners within five hundred (500) feet of any property line of project area shall be listed on a separate sheet submitted with the Certified Survey Map Required Information. A. The Certified Survey Map shall be prepared consistent with Chapter , Wis. Stats., and shall show clearly on its face the following: (1) Existing buildings, watercourses, and drainageways. (2) Floodplain and wetland delineations as applicable. (3) Existing and proposed public roads. (4) Existing and proposed easements and rights-of-way. (5) Date of the map with a graphic scale. (6) Name and address of the person for whom the survey was made. (7) An Subdivider's and Treasurer s certificate and approval signature of the Village President and Clerk after approval by the Planning & Zoning Commission in accordance with Chapter (3) Wisconsin Statutes, shall be the only approvals required for recording unless additional approvals are necessary for dedication purposes. (8) The Village may require that up to 40 percent of each parcel created by Certified Survey Map be maintained as undeveloped open space. (9) The Village may require that any parcel of land divided from an agricultural parent parcel intended for the purpose of constructing a principal dwelling be located at the periphery of the parent parcel so as to preserve to the greatest degree practicable the functional agricultural use of the parent parcel Testing. The Village may require that borings and/or soundings be made in designated areas to ascertain subsurface soil, rock and water conditions including the depth to bedrock and the depth to groundwater table. All developments shall comply with the provisions of the Wisconsin Administrative Code, Chapter SPS 383 and SPS 385 relative to sanitary systems. All appropriate data shall be submitted with the Certified Survey Map. May

13 Review and Approval. The Village shall, within sixty (60) days of the date of submission of the application for Minor Land Division- Certified Survey Map, unless mutually extended by both parties, review the application and map against the applicable standards of this ordinance, and approve, approve conditionally, or reject the application and map based upon a determination of conformity or non-conformity with the standards through Reserved for future use. May

14 Article IV. Subdivision Plats Concept Plan. A. Preliminary Consultation. (1) Prior to the filing of an Application for Preliminary Plat or Condominium Plat within the Village, the Subdivider may consult with the Planning and Zoning Commission, Zoning Administrator, or Village Clerk in order to obtain their advice and assistance with the following factors: (a) Chapter 295: Zoning of the Village of Hobart Code of Ordinances. (b) Village of Hobart Comprehensive Plan and Future Land Use map. (c) The suitability of the site for development. (d) The availability of public facilities (sewer, schools, parks, water, etc.) and public services (police, fire, etc.). (2) This consultation is intended to inform the Subdivider of the purpose and objectives of these regulations, the comprehensive plan, and other relevant Village codes, plans, and policies and to otherwise assist the Subdivider in planning the proposed development. B. Application. Any Subdivider who divides or proposes to create a major land division via subdivision plat in the Village of Hobart shall submit to the Zoning Administrator a completed Application for Concept Plan along with any required fee. C. Concept Plan. (1) Prior to the submittal of any Preliminary Plat the Subdivider shall submit to the Zoning Administrator a concept map no larger than 11 x 17 inches. The concept plan shall entail a general description of the parcel(s) proposed for subdivision and shall show all of the following: (a) A north arrow and date, the scale, and a reference to a section corner. (b) The location of any slopes of 12% or greater. (c) Hydrographic features including surface waters, floodways/floodplains, wetlands, and drainageways. (d) The location and type of existing and proposed buildings and structures and uses. (e) The location of water wells, sewerage systems, and other features pertinent to the land division. (f) The location of existing roads, highways, easements, rights-of-way, developments, trails, and driveways and distances to the nearest adjoining highways, roads, or driveways on all sides of the proposed site. (g) The location of general land cover types, such as woodlands, wetlands, agricultural, etc. (h) The uses of the land adjacent to the property and any existing roads, easements and restrictions of record, public access to navigable water, dedicated areas and utilities on/or adjacent to the land. (i) The general location of any secondary conservation areas as defined in of this Chapter. (j) Any additional information as may be requested by the Zoning Administrator. (2) The Zoning Administrator shall review the proposed subdivision for consistency with the Village of Hobart Comprehensive Plan and provide direction to the Subdivider as to any issues or concerns that may be raised by the Planning and Zoning Commission during the Preliminary Plat review process. (3) The Zoning Administrator shall either reject the concept plan giving reasons for such rejections or approve the concept plan and make recommendations. Such review and approval of the concept plan shall constitute approval of the concept plan only and shall not be deemed an approval of the layout and design of the proposed subdivision plat. (4) Through the concept plan procedure it is expected that the Subdivider and Zoning Administrator will reach mutual conclusions regarding the general design and objectives of the proposed development and its possible effects on the Village. The Subdivider will also gain a better understanding of the subsequent required procedures so that the decision process may be expedited. May

15 (5) Following Zoning Administrator approval of the Concept Plan the Subdivider may proceed with the submittal of a Preliminary Plat Conservation Subdivision Plats. A. General. (1) This article is designed to preserve rural character, natural resource areas, farmland, and other large areas of open land, while permitting residential development consistent with the Village of Hobart Comprehensive Plan. The Village of Hobart may require that any land division creating more than four parcels comply with the Conservation Design standards of this Article along with the general requirements of this Chapter. Further, this Article is intended: (a) To guide the future growth and development of the Village in conjunction with the Village of Hobart Comprehensive Plan. (b) To guide the detailed analysis of parcels so as to locate and coordinate appropriate areas for development and conservation. (c) To preserve rural character through the permanent preservation of meaningful open space and sensitive natural resources. (d) To preserve scenic views by minimizing views of new development from existing roads. (e) To preserve prime agricultural land by concentrating housing on lands with low agricultural potential. (f) To provide commonly-owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community. (g) To provide for a diversity of parcel sizes and housing choices and to accommodate a variety of age and income groups. (h) To provide for buffering between residential development and non-residential uses. (i) To protect and restore environmentally sensitive areas and biological diversity, minimize disturbance to existing vegetation, and maintain environmental corridors. (j) To preserve significant archeological sites, historic buildings, and their settings. (k) To meet the demand within the Village for housing in rural settings. B. Primary Conservation Areas. (1) Primary conservation areas are those areas and resources accorded protection under various state and federal laws, rules, and regulations. Primary conservation areas include, but may not be limited to: (a) All lands located within rights-of-way. (b) All lands located within floodplains. (c) All lands located within wetlands. (d) All navigable waters. (e) All slopes of 12% or greater. (2) Primary conservation area shall be preserved during the subdivision development process, consistent with relevant County regulations and state and federal law. C. Secondary Conservation Areas. (1) Secondary conservation areas are defined as those natural, agricultural, cultural, and historical resources that are not otherwise protected by federal, state, or county laws, regulations, or ordinances, but are deemed of significance to the Village of Hobart. Secondary conservation areas are resources that should be preserved when possible and/or economically feasible. Final determination of secondary conservation areas within a proposed subdivision will be made by the Planning and Zoning Commission and Village Board. Secondary conservation areas in the Village of Hobart may include, but are not necessarily limited to: (a) Stream corridors within one hundred (100) feet of the ordinary high-water mark. May

16 (b) Environmental corridors and environmentally sensitive areas, as identified by Brown County. (c) Critical wildlife habitat. (d) Mature woodlands, wherein twenty (20) percent or more of the trees have a diameter-at-breast-height (DBH) of eighteen (18) inches or more. (e) Unique natural features, which may include hills, knolls, depressions, rock outcroppings, glacial ridges, and the like. (f) Places of cultural or historic significance. (g) Large trees with a DBH of thirty-six (36) inches or greater, when deemed to be healthy and structurally sound. (h) Structurally sound barns, silos, fencerows, and other such structures emblematic of the Village s agricultural history. (i) Other unique features as may be identified by the Planning and Zoning Commission. D. Open Space Standards. (1) A conservation subdivision shall adhere to the following open space standards, unless otherwise determined by the Planning and Zoning Commission: (a) Minimum open space. Open space shall be a minimum of forty (40) percent of the gross tract area (GTA) and include all primary conservation areas those secondary conservation areas required by the Planning & Zoning Commission. (b) Location. The required open space should be situated, when practicable, to take advantage of the site s natural, historic, and cultural features, to preserve scenic views, and to be contiguous with existing or future open spaces outside of the proposed subdivision. The size and shape of the areas established as open space shall be sufficient and suitable for agricultural, natural resource protection, recreation, or other intended use and should remain as large and contiguous as the property will allow. (c) Not more than 30% of the required open space may consist of active recreation area unless prior approval has been received from the Planning and Zoning Commission. (d) The Village of Hobart encourages, and may require, that each conservation subdivision include an internal trail system providing access to each lot. Any section of the trail system identified for potential future public use as part of an integrated Village trail network shall be dedicated to the Village. (e) Designation of Open Space. All open space areas shall be clearly delineated on the plat as an outlot or outlots, and clearly designated as open space on the face of the plat. Each outlot shall be accessible by public road or by an easement for ingress and egress to a public road. The Village may require a separate instrument to be recorded with the Brown County Register of Deeds regarding restrictions on use, maintenance, Ownership and transfer of Ownership. The Village, or a designee approved by the Village, shall be noted as a benefited party for enforcement purposes. (f) Ownership of Open Space. Unless otherwise approved by the Village, open space outlots shall be owned and maintained by a Homeowners Association. All documents and instruments relating to the Ownership, use, and maintenance of open space shall be reviewed and approved by the Village. A Homeowners Association shall be created and operated under the following provisions: 1. The Subdivider shall submit all documentation in connection with the creation of a Homeowners Association and its powers, duties and responsibilities for Village review prior to approval. 2. The Homeowners Association shall be created as a separate legal entity by the Subdivider, with its bylaws, organization and responsibilities contained in a document recorded with the Brown County Register of Deeds. 3. Membership in the Homeowners Association shall be mandatory for all lot Subdividers and their successors and assigns. 4. The Homeowners Association shall be authorized to levy fees and assessments against all lots in an amount sufficient for payment of real estate taxes and to discharge its duties and responsibilities. May

17 E. Common Facilities. 5. Unpaid fees and assessments by any lot Subdivider shall become and remain a lien on the lot until paid, with the Homeowners Association authorized to bring any action against a lot Subdivider for the collection of fees and assessments. 6. Modification of any bylaws shall require approval of the Village. (1) Designation of Common Facilities. All common or community facilities such as drainage detention and retention facilities, clustered wastewater treatment systems, community water systems, trails, active and passive recreation areas, and the like as applicable, shall be clearly delineated on the plat as an outlot or outlots, and shall be clearly designated as to specific use, on the face of the plat. Each outlot shall be accessible by public road, or by an easement for ingress and egress to a public road. (2) Ownership of Common Facilities. Unless otherwise approved by the Village, community facility outlots shall be owned and maintained by a Homeowners Association. All documents and instruments relating to the use and maintenance of common facilities shall be reviewed and approved by the Village. The Homeowners Association shall be subject to the requirements of of this Chapter. F. Maximum Permitted Dwelling Units. (1) The Subdivider shall utilize the following checklist in determining the maximum permitted dwelling units in a conservation subdivision. This calculation information must be submitted with any application to the Village. (a) Calculate the Gross Tract Area (GTA). This shall be the total acreage of the property. GTA: acres (b) Calculate Primary Conservation Areas (PCA). This acreage shall be determined using the following criteria. The data supplied within this calculation shall be substantiated with sufficient plans and data. 1. All lands located within existing rights-of-way: acres 2. All existing easements: acres 3. All lands located within a floodplain: acres 4. All lands located within wetlands: acres 5. All lakes, ponds, streams, creeks, rivers, and other navigable waters: acres 6. All of the land area having slopes 12% or greater: acres PCA (sum of a through f): acres (c) Calculation of Adjusted Tract Area (ATA). The ATA shall equal the GTA minus the PCA. ATA: acres (d) Calculation of Secondary Conservation Areas (SCA). The SCA shall be a minimum of forty percent (40%) of the GTA and shall include, but are not necessarily limited to: 1. Stream corridors within one hundred (100) feet of the ordinary high-water mark: acres 2. Environmental corridors and environmentally sensitive areas, as identified By Brown County: acres 3. Critical wildlife habitat: acres 4. Woodland tracts wherein twenty (20) percent or more of the trees have a diameter-at-breast-height (DBH) of eighteen (18) inches or more: acres 5. Unique natural features, which may include hills, knolls, depressions, rock outcroppings, glacial ridges, and the like: acres 6. Places of cultural or historic significance: acres 7. Large trees defined as those with a DBH of thirty-six (36) inches or greater May

18 when determined to be healthy and structurally sound. 8. Structurally sound barns, silos, fencerows, and other such structures emblematic of the Village s agricultural history. 9. Other unique features as may be identified by the Planning and Zoning Commission. SCA: acres (e) Calculation of Net Development Area (NDA). The NDA shall equal no more than sixty percent (60%) of the GTA unless otherwise approved by the Planning and Zoning Commission and Village Board. NDA: acres (f) Calculation of Permitted Dwelling Units (PDU). The maximum number of permitted dwelling units in a conservation subdivision shall equal the ATA multiplied by 1.1, provided that no lot is smaller than 43,560 square feet unless otherwise approved by the Planning and Zoning Commission. If the calculation of PDU results in a figure ending in.5 or greater, it shall be rounded up to the next whole number. If the calculation of PDU results in a figure ending in.4 or lower, it shall be rounded down to the next whole number. PDU: Preliminary Plat. A. General. Before submitting a final plat for approval, the Subdivider shall prepare and submit a Preliminary Plat that conforms to the requirements of 236 Wisconsin State Statutes and all applicable sections of this ordinance. The Plat shall be prepared by a land surveyor registered in the state of Wisconsin. The Subdivider or their designated agent shall file the application and four (4) copies of the Preliminary Plat on paper no smaller than 22 x 30 and twelve (12) copies of the Preliminary Plat on 11 x 17 paper with the Village Clerk. The Subdivider shall also submit one digital PDF version and one digital CADD or GIS version to the Villager Clerk. B. Requirements for Preliminary Plat. In addition to any requirements of Chapter 236, Wis. Stats., the Preliminary Plat shall include the following: (1) A map of sufficient scale showing the boundaries of the property being considered for division. (2) General parcel layout as proposed. (3) The proposed subdivision name. This name shall not duplicate the name of any Plat previously recorded in Brown County. A subtitle of County Plat shall be required for all County Plats. (4) Subdividers name, along with Volume and Page of the instrument that shows title to the Platted area. The Volume and Page of the affected property may be shown on the map, in the Surveyor s Certificate, on the Preliminary Plat, or in the Subdivider s Certificate. (5) Volume and Page or platted status (i.e. State or County Plat by name and parcel number, CSM by volume, page and parcel number) of adjoining lands. (6) Radius of all curves. (7) Proposed and existing road(s) showing road name and right angle width. Proposed and existing roads shall be dedicated as required in Article VIII. (8) Proposed trails, including trails private to the proposed development and, if applicable, trail segments to be potentially included within a community integrated trail system; (9) Public areas to be dedicated, if any, and subsequently identified as dedicated to the public. (10) Floodplain, wetland and shoreland boundaries. Source of the data shall be identified. (11) Locations of existing buildings, watercourses, drainage ditches, fences and any other pertinent features. (12) Locations of proposed waste water treatment systems; (13) Locations of proposed community well or wells; (14) Locations and names of adjoining parks, cemeteries, subdivisions, ponds, streams, lakes and flowages. May

19 (15) Any proposed lake or stream access or any proposed lake or stream improvement or relocation. (16) The name and address of the surveyor and Subdivider placed on the face of the Plat. (17) Report on Soil Borings and Percolation Tests. Locations of borings may be required to be shown on the face of the map. (18) A general description of all property owned and controlled by the Subdivider contiguous to the proposed land division. (19) An area development plan for future use may be required if proposed development in some way affects adjoining lands. (20) Road name application must be submitted to the Planning and Zoning Commission for approval for any road names (i.e. new, extension, private, etc.) subject to County review and approval. (21) Dimensions of all parcels, together with proposed parcel and block numbers. C. Preliminary Plat Review and Approval. (1) Upon receipt of an Application for Preliminary Plat, the Village Clerk shall transmit: one (1) 22 x 30 copy of the Application and Plat Map to each of the following. (a) Village Board. 1. One (1) PDF digital copy of Application and Plat Map. 2. One (1) 22 x 30 paper copy of Plat Map. 3. Five (5) paper copies of Application and 11 x 17 Plat Map. (b) Planning and Zoning Commission. 1. One (1) PDF digital copy of Application and Plat Map. 2. One (1) 22 x 30 paper copy of Plat Map. 3. Seven (7) paper copies of Application and 11 x 17 Plat Map. (c) Zoning Administrator. 1. One (1) PDF digital copy of Application and Plat Map. 2. One (1) paper copy of Application and 22 x 30 paper copy of Plat Map. (d) Village Engineer. 1. One (1) PDF digital copy of Application and Plat Map. 2. One (1) paper copy of Application and 22 x 30 paper copy of Plat Map. (e) Police Chief. One (1) PDF digital copy of Application and Plat Map. (f) Fire Chief. One (1) PDF digital copy of Application and Plat Map. (g) Brown County Planning and Zoning Commission. One (1) PDF digital copy of Application and Plat Map. (h) Any affected public or private utility as identified by the Subdivider. One (1) PDF digital copy of the Application and Plat Map. (i) Bay Lake Regional Planning and Zoning Commission. One (1) PDF digital copy of Application and Plat Map. (j) Brown County Highway Department (as applicable). One (1) PDF digital copy of Application and Plat Map. (k) Wisconsin Department of Natural Resources (as applicable). One (1) PDF digital copy of Application and Plat Map. (l) Wisconsin Department of Transportation (WDOT) (as applicable). One (1) PDF digital copy of Application and Plat Map. (m) Retained by Village Clerk. 1. One (1) PDF digital copy of the Application and Plat Map. 2. One (1) paper copy of Application and one (1) 22 x 30 paper copy of Plat Map. (2) Comments from receiving parties, with the exception of Village Board and Planning and Zoning Commission, must be received by the Village Clerk within thirty (30) days from the date the copy is transmitted. If a recommendation is not received within thirty (30) days it shall be deemed an approval. May