RC RURAL CLUSTER DEVELOPMENT OVERLAY DISTRICT (8/6/02)

Transcription

1 RC RURAL CLUSTER DEVELOPMENT OVERLAY DISTRICT (8/6/02) () Primry Purpose nd Chrcteristics. The purpose of the RC Rurl Cluster Development Overly District is to preserve rurl lndscpe chrcter, sensitive nturl res, frmlnd nd other lrge res of open lnd, while permitting residentil development t low, rurl densities, in n open spce setting, locted nd designed to reduce the perceived intensity of development nd provide privcy for dwellings. Specific objectives re s follows: 1 To mintin nd protect rurl chrcter by preserving importnt lndscpe elements, including those res contining unique nd environmentlly sensitive nturl fetures such s woodlnds, hedgerows, strem corridors, wetlnds, floodplins, shorelnds, priries, ridge tops, steep slopes, nd criticl species hbitt by setting them side from development. Such res re contined in primry environmentl corridors s identified by the Southestern Wisconsin Regionl Plnning Commission nd re of prticulr significnce for conservtion. 2 To preserve scenic views nd to minimize views of new development from existing streets. 3 To provide for the unified nd plnned development of clustered, single-fmily, low density residentil uses, incorporting lrge res of permnently protected common open spce. 4 To provide for greter design flexibility in the siting of dwellings nd other development fetures thn would be permitted by the ppliction of stndrd district regultions in order to minimize the disturbnce of the rurl lndscpe elements, scenic qulity, nd overll esthetic vlue of the lndscpe. 5 To increse flexibility nd efficiency in the siting of services nd infrstructure, by reducing street length, utility requirements, dringe requirements, nd the mount of pving required for residentil development, where possible. 6 To crete groups of dwellings with direct visul nd physicl ccess to common open spce. 7 To permit ctive nd pssive recretionl use of common open spce by residents of developments within this district nd by the public, when pproprite. 8 To reduce erosion nd sedimenttion by the retention of existing vegettion, nd the minimiztion of development on steep slopes. 9 To llow for the continution of griculturl uses in those res best suited for such ctivities nd when such ctivities re comptible with djoining residentil uses. 10 To permit vrious mens for owning common open spce nd for protecting it from development in perpetuity. 11 To crete n ttitude of stewrdship for the lnd within common open spce by requiring lnd mngement pln for the common open spce. 12 To implement the objectives of ny pplicble dopted comprehensive pln or comprehensive pln component. (b) (c) RC Rurl Cluster Development District Designtion. An RC Rurl Cluster Development District designtion my be plced on ny site in the A-2, R-1 nd C-2 Districts meeting the minimum trct size requirements specified in Section (g). Principl Uses. 241

2 1 Clustered single-fmily detched dwellings. 2 Single-fmily frmsted dwellings with ssocited griculturl structures s listed in Section (c) 6.f. 3 Community living rrngements hving cpcity for 8 or fewer persons nd which shll be in conformnce with ll stte sttutory requirements. 4 Essentil services. 5 Foster fmily homes hving less thn 4 foster children nd not exceeding 8 totl occupnts nd which re in conformnce with ll stte sttutory requirements. 6 Common open spce for cluster development with uses permitted s follows: Conservtion of lnd in its nturl stte (for exmple, woodlnd, fllow field, or mnged medow.) b Gme frm, fish htchery, hunting nd fishing preserve, wildlife snctury, forest preserve, or similr uses designted for the protection nd propgtion of wildlife. c Agriculturl uses, including the cultivtion, hrvesting nd sle of crops nd relted frm products, the rising nd sle of livestock or fowl, long with ssocited psture nd brnyrds, orchrds, nurseries, greenhouses nd relted horticulturl ctivities. d Psture for recretionl horses. e Growing nd sle of Christms trees. f Agriculturl structures such s brns, silos, storge sheds, cribs, coops, nd stbles. g Interior cluster group open spce. h Pssive recretion, including, but not limited to, hiking trils, bicycle or bridle trils, picnic res, community grdens, nd lwn re. i Active recretion, including, but not limited to, plying fields, plygrounds nd courts. j Prking res where necessry to serve ctive recretion fcilities. k Esements for ccess, dringe, sewer nd wter lines, or other public purposes. l Storm wter mngement fcilities including detention nd retention bsins. m Wter supply nd sewerge systems for individul lots, cluster groups, or the entire development. n Utility nd street rights-of-wy except tht their lnd res shll not count towrd the minimum open spce requirement. (d) (e) The following uses nd ctivities re prohibited in common open spce: 1 Use of motor vehicles except on pproved rods, drivewys nd prking res. Mintennce, lw enforcement, emergency nd frm vehicles re exempt from this provision. 2 Cutting of helthy trees, regrding, cutting nd filling, topsoil removl, ltering, diverting or modifying wter courses or wter bodies, except in complince with lnd mngement pln for the trct, conforming to customry stndrds of forestry, erosion control nd engineering. 3 Intensive niml feed lot opertions. Permitted Accessory Uses. 242

3 1 Accessory structures such s detched grges, sheds nd bothouses (see lso section ) 2 Home occuptions nd professionl home offices. 3 Smll wind energy system 4 Solr energy system 5 Swimming pools nd sps (see lso section 12.17) 6 Fences (see lso section ) (f) Conditionl Uses. 1 Community living rrngements hving 9 but not more thn 15 persons which shll be in conformnce with ll stte sttutory requirements. 2 Model single-fmily homes nd relted rel estte sles office locted within the model unit 3 Utility substtions. 4 Lrge wind energy system 5 Golf courses. 6 Community swimming pools. 7 Community center for the use of residents of the cluster development. (g) Density nd Dimensionl Stndrds. 1 For residentil dwelling with individul on-site sewge disposl bsorption systems: Development R-1 District nd A-2 District Stndrd C-2 District Minimum trct size 50 cres 25 cres Mximum density [1] 1 du/10 cres 1 du/5 cres Minimum lot re [2] 80,000 sq. ft. 40,000 sq. ft. Minimum lot width [3] 200 feet 150 feet Street yrd 75 feet 50 feet Shore yrd Not less thn 75 feet from the ordinry high wter mrk of ny nvigble wter Not less thn 75 feet from the ordinry high wter mrk of ny nvigble wter Side yrd [4] 50 feet 25 feet Rer yrd 75 feet 50 feet Accessory buildings setbck nd size regultions [5] See section See section Minimum common open spce [6] 60 percent 60 percent Mximum building height (excluding griculturl structures) 35 feet 35 feet Mximum building coverge (percentge of individul lot) 10 percent 10 percent Existing dwellings tht my or my not be prt of frmsted shll be counted towrds the totl density. For the purposes of this section, cres refers to gross 243

4 b c d e f lnd re including ll lnds within the trct, except existing street, rilrod, nd utility rights-of-wy. Only 20 percent of wetlnds nd floodplin my be counted towrd the clcultion of density. For n existing frmsted on trct used for cluster development, the minimum lot re shll be 5 cres or lot lrge enough to ccommodte ll structures within building envelope creted by 100-foot setbck from ll sides of the lot, whichever is lrger. For frmsteds with livestock, the setbck shll be incresed to 200 feet. Lot frontge my be reduced on lots locted on cul-de-sc or curve to 100 feet of frontge in the A-2 District nd 80 feet in the R-1 nd C-2 Districts provided there is t lest 200 feet of width t the required setbck line in the A-2 District nd 150 feet in the R-1 nd C-2 Districts. When dwelling units re not locted on individul lots, such s in condominium development, they shll be seprted from one nother by minimum distnce of 100 feet in the A-2 District nd 50 feet in the R-1 nd C-2 Districts. Accessory buildings re not permitted in front yrds. In the clcultion of common open spce res, the following shll be excluded: privte lot res, public or privte street nd highwy rights-of-wy, rilrod nd utility rights-of-wy, prking res, nd res not meeting the requirements of Subsection (j) 9. 2 For residentil dwellings with public snitry sewer: Development Stndrd A-2, R-1 nd C-2 Districts Minimum trct size A-2 District: 50 cres R-1 nd C-2 Districts: 25 cres Mximum density [1] A-2 District: 1 du/10 cres R-1 nd C-2 Districts 1 du/5 cres Minimum lot re [2] 20,000 squre feet Minimum lot width [3] 100 feet Street yrd 30 feet Shore yrd Not less thn 75 feet from the ordinry high wter mrk of ny nvigble wter Side yrd [4] 10 feet minimum one side 20 feet both sides Rer yrd 25 feet Accessory building setbck from side nd rer lot lines [5] See Section Minimum common open spce [6] 70 percent Mximum building height (excluding griculturl structures) 35 feet Mximum building coverge (percentge of individul lot) 15 percent Existing dwellings tht my or my not be prt of frmsted shll be counted towrds the totl density. For the purposes of this section, cres refers to gross lnd re including ll lnds within the trct, except existing street, rilrod, nd 244

5 b c d e f utility rights-of-wy. Only 20 percent of wetlnds nd floodplin my be counted towrd the clcultion of density. For n existing frmsted on trct used for cluster development, the minimum lot re shll be 5 cres or lot lrge enough to ccommodte ll structures within building envelope creted by 100-foot setbck from ll sides of the lot, whichever is lrger. For frmsteds with livestock, the setbck shll be incresed to 200 feet. Lot frontge my be reduced on lots locted on cul-de-sc or curve to 50 feet of frontge provided there is t lest 100 feet of width t the required setbck line. When dwelling units re not locted on individul lots, such s in condominium development, they shll be seprted from one nother by minimum distnce of 60 feet. Accessory buildings re not permitted in front yrds. In the clcultion of common open spce res, the following shll be excluded: privte lot res, public or privte street nd highwy rights-of-wy, rilrod nd utility rights-of-wy, prking res, nd res not meeting the requirements of Subsection (j) 9. (h) Seprtion Distnces for Cluster Groups. 1 The outer boundries of ll cluster groups shll conform to the following seprtion distnces: From butting rteril street proposed rights-of-wy or from scenic rods, if defined in town comprehensive pln of comprehensive pln component 100 feet From ll other externl street proposed rights-of-wy 50 feet From ll trct boundries 100 feet From croplnd or psture lnd 100 feet From brnyrds or buildings housing livestock 300 feet From other cluster groups 100 feet From wetlnds, floodplins, or wtercourses 35 feet From ctive recretion res, such s courts or plying fields 100 feet 2 All seprtion res for cluster groups long existing streets shll be lndscped in ccordnce with Section of the Kenosh County Lnd Division Control Ordinnce in order to block views of new residentil development, preserve scenic views, nd to protect rurl lndscpe chrcter. 3 The dimensionl stndrds in Section (h) 1 my be reduced s follows: b The seprtion distnces long existing rteril streets nd trct boundries my be reduced to minimum of 50 feet if the pplicnt cn demonstrte tht existing vegettion, topogrphy or combintion of these form n effective visul screen. All other seprtion distnces my be reduced up to 50 percent if the pplicnt cn demonstrte tht such reduced setbcks improve the pln s complince 245

6 with the cluster group design stndrds in Section (j), the intent of this ordinnce, nd the objectives of ny pplicble comprehensive pln or comprehensive pln component. (i) Design Stndrds for Cluster Groups. 1 All dwelling shll be grouped in clusters groups, ech of which shll contin t lest 2 but not more thn 12 units nd shll be surrounded by common open spce. 2 Cluster groups my contin more thn 12 units, nd cluster groups my be ssembled into lrger groupings not seprted by common open spce, provided tht the pplicnt cn demonstrte tht such n lterntive pln is more pproprite for the trct nd will meet both the generl intent nd design stndrds of this ordinnce. 3 A plt my contin one or more cluster groups. 4 Cluster groups shll be defined by the outer perimeter of contiguous lotted res or butting streets, nd my contin lots, streets, nd interior open spce. When the development does not contin individul lots, s in condominium, the outer perimeter shll be defined s n re encompssed by line drwn round the units, no point of which is closer to ny unit thn 100 feet. 5 The outer boundries of ech cluster group shll meet the seprtion distnces specified in Section (h). 6 Cluster groups shll be defined nd seprted by common open spce in order to provide direct ccess to common open spce nd privcy to individul lot or yrd res. Cluster groups my be seprted by streets if the street right-of-wy is designed s boulevrd. 7 All lots in cluster group shll tke ccess from interior streets. 8 All lots in cluster group shll but common open spce to the front or rer for distnce of t lest 50 feet. Common open spce cross street shll qulify for this requirement. 9 In locting cluster groups, disturbnce to woodlnds, hedgerows, nd individul mture trees shll be minimized. However, when the objective is to preserve prime griculturl soils nd lrge res of contiguous lnd suitble for griculturl use, dwellings my be locted within woodlnds, provided tht no more thn 20 percent of single wooded lot is clered for the construction of dwelling, drivewy, grge, storge building, well, nd onsite soil bsorption system. 10 Street trees shll be required in cluster groups t minimum rte of one 2-inch cliper tree per dwelling unit nd shll comply with the requirements of Section of the Kenosh County Lnd Division Control Ordinnce. (j) Design Stndrds for Common Open Spce 1 The loction of common open spce shll be consistent with the objectives of ny pplicble comprehensive pln or comprehensive pln component. 2 All open spce res shll be prt of lrger contiguous nd integrted open spce system. At lest 75 percent of the common open spce shll be contiguous to nother common open spce re. For the purpose of this section, contiguous shll be defined s locted within 100 feet cross which ccess is possible, for exmple on opposite sides of n internl street. 246

7 3 Common open spce shll, to the gretest extent possible, protect site fetures identified in the site inventory nd nlysis s hving prticulr vlue in the context of preserving rurl chrcter, in complince with the intent of this ordinnce. Primry nd secondry environmentl corridors nd isolted nturl res s identified by the Southestern Wisconsin Regionl Plnning Commission re of prticulr significnce for protection. 4 Nturl fetures shll generlly be mintined in their nturl condition, but my be modified to improve their ppernce, or restore their overll condition nd nturl processes, s recommended by professionls in the re being modified. Permitted modifictions my include woodlnd mngement, reforesttion, medow mngement, wetlnds mngement, strem bnk protection, nd buffer re lndscping. 5 All wetlnd, floodplin, unique wildlife hbitt res, steep slopes over 12 percent, 100 percent of lowlnd environmentl corridor nd t lest 80 percent of uplnd primry environmentl corridors shll be contined in common open spce. 6 Common boundries with existing or future open spce on djcent trcts, when shown in n pplicble comprehensive pln or comprehensive pln component, shll be estblished whenever possible. 7 To preserve scenic views, ridge tops nd hill tops should be contined within common open spce wherever possible. Trees shll not be removed from ridge tops or hill tops. 8 At lest 80 percent of the re of existing woodlnds shll be contined within common open spce; 20 percent of the re of existing woodlnds my be used for lot res nd residentil development. This limittion my be exceeded under the following conditions: b The site is primrily wooded nd development t permitted density would not be possible without encroching further on woodlnds. Any encrochment on woodlnds beyond 20 percent shll be the minimum needed to chieve mximum permitted density. 9 No common open spce shll be less thn 10,000 squre feet in re, with the exception of lndscpe islnds in cul-de-sc streets, nd not less thn 30 feet in width t ny point. Open spce not meeting this stndrd shll not be counted towrd the totl required percentge of common open spce. 10 The boundries of common open spce shll be mrked by nturl fetures wherever possible, such s hedgerows, edges of woodlnds, strems, or individul lrge trees. Where no such nturl demrctions exist, dditionl plntings, fences, or other lndscpe fetures shll be dded to enble residents or the public, if pplicble, to distinguish where common open spce ends nd privte lot res begin. Where structurl demrctions, such s fences or fence posts, re used, they shll be the minimum needed to ccomplish the objective. 11 Trils in common open spce tht re locted within 50 feet of homes in cluster groups shll be identified by plntings, fences, or other lndscpe fetures. 12 Under no circumstnces shll ll common open spce be isolted in one re of the development. Common open spce shll be distributed ppropritely throughout the development to properly serve nd enhnce ll dwelling units, cluster groups, nd other common fcilities. 247

8 13 Common open spce shll include lnds locted long existing public rodwys in order to preserve existing rurl lndscpe chrcter s seen from these rodwys, nd shll, in no cse, contin less thn the required buffer, setbck re, or seprtion distnce. 14 Sfe nd convenient pedestrin ccess nd ccess for mintennce purposes shll be provided to common open spce res tht re not used for griculturl purposes, in ccordnce with the following: b At lest one ccess point per cluster group shll be provided, hving width equl to or greter thn the minimum width of lot within the cluster group. This width my be reduced to no less thn 50 feet if the pplicnt cn demonstrte tht, due to nturl site constrints, meeting the lot width requirement would run counter to the objectives of this ordinnce. Access to common open spce used for griculture my be restricted for public sfety nd to interference with griculturl opertions. (k) Ownership nd Mintennce of Common Fcilities nd Open Spce. 1 The following methods my be used, either singly or in combintion, to own common fcilities. Common fcilities shll not be trnsferred to nother entity except for trnsfer to nother method of ownership permitted under this section, nd then only when there is no chnge in the common fcilities. Ownership methods shll conform to the following: Homeowners Assocition. Common fcilities shll be held in common ownership s undivided proportionte interests by the members of homeowners ssocition, subject to the provisions set forth herein. The homeowners ssocition shll be governed ccording to the following: 1) The pplicnt shll provide to the Kenosh County Deprtment of Plnning nd Development description of the orgniztion, including its bylws, nd ll documents governing mintennce requirements nd use restrictions for common fcilities. 2) The orgniztion shll be estblished by the owner or pplicnt nd shll be operting (with finncil subsidy by the pplicnt, if necessry) prior to the sle of ny dwelling units in the development. 3) Membership in the orgniztion shll be mndtory for ll purchsers of dwelling units therein nd their successors nd ssigns. 4) The orgniztion shll be responsible for mintennce nd insurnce of common fcilities. 5) The members of the orgniztion shll shre equitbly the costs of mintining, insuring, nd operting common fcilities. 6) The orgniztion shll hve or hire dequte personnel to dminister, mintin, nd operte common fcility. 7) The pplicnt for ny trct proposed to contin common fcilities shll rrnge with the Town Assessor method of ssessment of the common fcilities which will llocte to ech to ech tx prcel in the development shre of the totl tx ssessment for such common 248

9 fcilities. Rel estte txes shll be pid by the individul unit owner directly to the Town. 8) Written notice of the proposed trnsfer of common fcilities by the homeowners ssocition or the ssumption of mintennce of common fcilities must be given t ll members of the orgniztion nd to the Town nd County t lest 39 dys prior to such event. b c Condominium Common fcilities shll be controlled through the use of condominium greements. Such greements shll be pproved by the Town/County Attorney nd shll be in conformnce with the Condominium Ownership Act of 1977 (Chpter 703, Wisconsin Sttutes), s mended. All common open spce nd other common fcilities shll be held s common element by the unit owners in the form of undivided percentge interests in ccordnce with the condominium documents. An ssocition of unit owners shll be formed to govern the ffirs of the condominium nd membership shll be mndtory. Fee simple dediction to public gency. The Town/County or other public entity cceptble to the Town/County my, but shll not be required to, ccept ny portion of the common fcilities, provided tht: 1) There shll be no cost of cquisition (other thn costs incidentl to the trnsfer of ownership, such s title insurnce); 2) Any fcilities so dedicted shll be ccessible to the residents of the Town/County, if the Town/County so chooses; 3) The Town/County or other public entity shll mintin such fcilities. 4) The residents of the development shll hold conservtion esement on the lnd nd fcilities so dedicted, protecting the common open spce from development in perpetuity. d Dediction of conservtion esements to public gency. The Town/County or other public gency cceptble to the Town/County my, but shll not be required to, ccept esements for public use of ny portion of the common fcilities, title of which is to remin in privte ownership, provided tht: 1) There shll be no cost of esement cquisition (other thn costs incidentl to the trnsfer of ownership, such s title insurnce); 2) A stisfctory mintennce greement shll be reched between the owner nd the Town/County. 3) Lnds under Town/County esement my or my not be ccessible to the residents of the Town/County. e Fee simple dediction to privte conservtion orgniztion. An owner my dedicte ny portion of the common fcilities to privte, notfor-profit conservtion orgniztion, provided tht: 249

10 1) The orgniztion is cceptble to the Town/County nd is bon fide conservtion orgniztion; 2) The conveynce contins pproprite provisions for proper reverter or retrnsfer in the event tht the orgniztion becomes unwilling or unble to continue crrying out its functions. 3) A mintennce greement cceptble to the Town/County is estblished between the owner nd the orgniztion. f Trnsfer of esements to privte conservtion orgniztion. 1) The orgniztion is cceptble to the Town/County nd is bon fide conservtion orgniztion; 2) The conveynce contins pproprite provisions for proper reverter or retrnsfer in the event tht the orgniztion becomes unwilling or unble to continue crrying out its functions. 3) A mintennce greement cceptble to the Town/County is estblished between the owner nd the orgniztion. g Ownership retined by the originl lndowner. 1) The Town/County nd the residents of the development shll hold conservtion esements on the lnd protecting it from ny further development. 2) Resident ccess to the lnd is limited only by greement of the residents of the development, s indicted by documents signed t the time of purchse of individul dwelling units. h Other methods cceptble to the Kenosh County Deprtment of Plnning nd Development. 2 Mintennce nd opertion of common fcilities. A pln nd nrrtive for the use, mintennce, nd insurnce of ll common fcilities, including provisions for funding, shll be provided to nd pproved by the Kenosh County Deprtment of Plnning nd Development prior to preliminry pln pprovl. Such pln shll: 1) Define ownership; 2) Estblish necessry regulr nd periodic opertion nd mintennce responsibilities, including mowing schedules, weed control, plnting schedules, clering nd clenup. 3) Estimte stffing needs, insurnce requirements, nd other ssocited costs nd define the mens for funding the sme on n on-going bsis. 4) At the discretion of the Kenosh County Deprtment of Plnning nd Development, the pplicnt my be required to escrow sufficient funds for the mintennce nd opertion costs of common fcilities for mximum of one yer. 250

11 b c In the event tht the orgniztion estblished to own nd/or mintin common fcilities, or ny successor orgniztion thereto, fils to mintin ll or ny portion of the foresid common fcilities in resonble order nd condition in ccordnce with the development pln nd ll pplicble lws, rules nd regultions, the County/Town my serve written notice upon such orgniztion, nd upon the residents nd owners of the uses relted thereto, setting forth the mnner in which the orgniztion hs filed to mintin the foresid common fcilities in resonble condition. Such notice shll set forth the nture of corrections required nd the time within which the corrections shll be mde. Upon filure to comply within the time specified, the orgniztion, or ny successor orgniztion, shll be considered in violtion of this ordinnce, nd ny permits my be revoked or suspended. The County/Town my enter the premises nd tke corrective ction. The costs of corrective ction by the County/Town shll be ssessed rtbly, in ccordnce with tx ssessments, ginst the properties tht hve the right of enjoyment of the common fcilities nd shll become lien on sid properties. The County/Town, t the time of entering upon such common fcilities for the purpose of mintennce, shll file notice of such lien in the office of the County Register of Deeds upon the properties ffected by such lien. 3 Lesing of common open spce lnds. Common open spce lnds my be lesed to nother person or other entity for use, opertion, nd mintennce, provided tht: b c d e The residents of the development shll t ll times hve ccess to such lesed lnds, except in the cse of lese for griculturl purposes, in which cse the residents, with their greement, my be restricted from ccessing the lnds. The common open spce lnds to be lesed shll be mintined for the purpose set forth in the ordinnce. The opertion of such lesed open spce lnds my be for the benefit of the residents of the development only, or my be open to the public, if so determined by the residents. The lese, nd ny trnsfer of ssignment thereof, shll be subject to the pprovl of the County/Town Bord. Lese greements so entered upon shll be recorded in the office of the County Register of Deeds within 30 dys of their execution, nd copy of the recorded lese shll be filed with the County/Town/ Bord. 4 Conservtion. Common open spce shll be restricted in perpetuity from further subdivision nd/or lnd development by deed restriction, conservtion esement, or other greement in form cceptble to the Kenosh County Deprtment of Plnning nd Development nd duly recorded in the office of the County Register of Deeds. 251