§ 42-30. Site plan and plan of operation review.
(a)
Purpose, scope and intent. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall commence any use or erect any structure or addition, with the exception of single-family and two-family dwellings, accessory buildings or related structures, without first obtaining the approval of the town plan commission and town board of detailed site plans, plan of operation and architectural plans as set forth in this section.
(1)
The town plan commission and town board, hereinafter in this section referred to as the town, shall approve, conditionally approve, or reject the detailed site and architectural plans. The town shall review the site, existing and proposed structures, architectural plans, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading in the case of commercial and industrial uses, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation.
(2)
The plan commission and town board will review the architectural principles and the architectural, landscaping, exterior lighting, and exterior site usage standards of each development review application to determine if it conforms to the intent of these principles and standards. Modifications to the principles and standards may be permitted, as determined appropriate by the plan commission and the town board, in response to unusual, unique, or existing site conditions that impede full compliance, provided such modifications are otherwise consistent with the purpose and intent of this chapter of promoting health, safety, and general welfare of the citizens by preserving and enhancing the town's natural environment, facilitating the creation of an attractive and harmonious community, protecting and enhancing property values, and encouraging the appropriate use and orderly development of land.
(b)
Pre-application. It is recommended that, prior to formal submittal of a site plan and plan of operation, the applicant submit a preliminary site plan and plan of operation for review by the plan commission. This pre-application meeting is neither formal nor mandatory. The purpose of the pre-application is to obtain comments from the plan commission prior to expending time and resources on the formal submittal. This review by the plan commission is not binding on the town or the applicant.
(c)
Administration/application. Plan data shall be submitted to the town clerk-treasurer who shall transmit all applications and their accompanying plans to the town, zoning administrator/planner, and building inspector for their review. Plans shall be accompanied by the application fee established by resolution. Plan data to be submitted with all plan review applications shall include the following:
(1)
Site plan drawn to a recognized engineering scale not to exceed one inch equals 60 feet.
(2)
Name of project noted.
(3)
Owner's and developer's name and address noted.
(4)
Architect and/or engineer's name and address noted.
(5)
Date of plan submittal.
(6)
Scale of drawing noted on plan.
(7)
Existing and proposed topography shown at a contour interval not less than two feet. Topography shall extend 40 feet onto adjacent property or to the building on the adjacent lot, whichever is greater.
(8)
The characteristics of soils related to contemplated specific uses.
(9)
Total number of parking spaces and layout, including driveways shall be shown on the plan.
(10)
The type, size and location of all structures with all building dimensions shown.
(11)
Indicate height of building.
(12)
Indicate existing and proposed street locations on the site plan.
(13)
Indicate existing and proposed public rights-of-way and widths.
(14)
North arrow shown.
(15)
Locate existing and general location of proposed sanitary sewers, storm sewers and water mains.
(16)
Submit a stormwater management plan indicating all facilities, including detention/retention areas. The design criteria shall meet the requirements as stated in the county erosion control and stormwater ordinance.
(17)
Locate existing trees that are six inches in diameter or larger.
(18)
Note location, extent, and type of proposed plantings.
(19)
Note location of pedestrian sidewalks and walkways.
(20)
A graphic outline of any development staging that is planned is required to be shown on the site plan.
(21)
Architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.
(22)
Landscaping plan and point calculations.
(23)
Lighting plan and a photometrics plan may be required upon town request.
(d)
Plan of operation. No use shall be approved until the town and staff has reviewed/approved the plan of operation application form that shall indicate:
(1)
The proposed use of the land and/or structures;
(2)
Activities to occur both inside and outside all principal and accessory structures;
(3)
The frequency and duration of all activities;
(4)
The number of employees of any commercial or industrial enterprise;
(5)
The estimated number of occupants of a residential use;
(6)
The number, size and type of all vehicles associated with the use;
(7)
Plans for compliance with the performance standards set forth in this chapter;
(8)
The season, days and hours of operation;
(9)
The expected starting and completion dates of construction;
(10)
The proposed phasing of the project, if appropriate;
(11)
Other information as requested by the town.
(e)
General architectural principles. To implement and define criteria for the purposes set forth in this chapter, the following principles are established to apply to all new structures and uses and to changes or additions to existing structures and uses:
(1)
No building regulated by this section shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.
(2)
No building regulated by this section shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.
(3)
No building regulated by this section shall be permitted where any exposed facade is not constructed or faced with a finished material that is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.
(4)
No building or sign regulated by this section shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
(5)
No building or use regulated by this section shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the town.
(6)
Buildings and uses regulated by this section shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical. The plan commission may require that drainage easements be executed.
(7)
Buildings and uses regulated by this section shall provide for adequate site construction erosion control measures. The plan commission may require erosion control plans and may establish time schedules for landscaping and re-vegetation of construction sites.
(8)
Buildings and uses regulated by this section shall provide for safe traffic circulation and safe driveway locations.
(9)
Buildings and uses regulated by this section shall provide adequate parking and loading areas.
(10)
Buildings and uses regulated by this section shall be provided with adequate public services as approved by the appropriate utility.
(11)
Use of exterior lighting shall be designed in such a manner that all light rays are directed downward onto the property. No rays shall be directed towards adjacent properties (see subsection (h) of this section).
(f)
Detailed architectural standards. To implement the purposes set forth in subsection (a) of this section, the following architectural criteria and review guidelines are established:
(1)
Building facades.
a.
For retail business, service, multifamily and office uses, all building exteriors shall be brick, decorative masonry, glass panel E.F.I.S. for only 50 percent of the exterior building face, or other appropriate finished façade, as may be approved by the plan commission and town board. Colors need to be shown and material samples need to be submitted as requested by the town planner, plan commission or town board.
b.
For industrial and warehouse use, all building exteriors facing a street or approved way shall have 50 percent of the street face constructed with brick, decorative masonry, glass panel, or other appropriate similar finished facade as may be approved by the plan commission and town board. Such brick, masonry, glass, or other decorative facing shall extend for a distance of at least 25 feet along the sides of the structure from the street face.
(2)
Overhead doors. No overhead doors in a business, industrial, or public district shall face a public street. The plan commission may permit overhead doors to face a public street when it has made a finding that there is no feasible alternative location for such doors.
(3)
Heating, air conditioning and ventilating equipment. HVAC equipment shall be located in a manner to be unobtrusive and screened from view. Landscaping is to be used to screen equipment.
(4)
Storage of garbage/trash. All garbage cans, trash containers, and other storage devices situated on any lot shall be in closed containers with lids and shall be concealed or suitably screened from public view. Fencing or landscaping shall be used to totally obstruct vision into the storage areas by the alternatives set forth in Figure 1 or their equivalent.
(5)
Other architectural standards. The plan commission and town board may impose other architectural standards deemed appropriate such as, but not limited to, building material samples, building color samples, roof pitch designs and architectural breaks in walls over 75 feet in length. Except for flat roofs, the minimum pitch shall be 2:12. The plan commission and town board may allow a roof pitch less than 2:12 when it has made a finding that there is no feasible alternative to meet the 2:12 roof pitch.
(g)
Landscaping. The following landscape standards are to be utilized in preparing landscaping plans to be submitted with site plans:
(1)
Landscaping point system and minimum installation sizes for plants. On-site landscaping shall be required for all development. All landscaping standards are stated in terms of the number of landscaping points. The number of landscaping points is dependent upon the size of the development. A different number of points are awarded for each plant, depending upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. A minimum installation size is required for each of these plant categories. These recommendations are per Table 1.
Botanical Name
Common Name
LOW DECIDUOUS TREES (10 Landscaping Points) (4' Tall Minimum) Corpinus Caroliniana Hornbeam Thornless Crataegus sp. Hawthorne: Cockspur, Downy, Washington Malus sp. Crabapple sp. Sorbus sp. Mountain Ash: European, Korean Syringa Reticula Lilac LOW EVERGREEN TREES (10 Landscaping Points) (3' Tall Minimum) Juniperus sp. Juniper: Mountbatten, Redcedar Thuja sp. Arborvitae: Pyramidal, Techny Colorado Dwarf Blue Spruce TALL DECIDUOUS SHRUBS (7 Landscaping Points) (36" Tall Minimum) Cornus sp. Dogwood: Grey, Pagoda. Redosier Syringa sp. Lilac: Chinese, Hyacinth, Common Misskim Hydrangea lc Panicolata sp. Reege Hydrangea Viburnum sp. Viburnum: Arrowwood, Wayfaringtree, Nannyberry Hamanelis sp. Common Witchazel Evonymous lc Astro Purporea Eastern Wahoo Lonicera sp. Honeysuckle: Zabel, White Belle Rhus Sumac: Smooth. Stagham Salix Caprea Pussy Willow TALL EVERGREEN SHRUBS (7 Landscaping Points) (36" Tall/Wide Minimum) Juniperus Chinensis Juniper: Hetz Taxus sp. Yew: Japanese Thuja Occidentalis Broad Pyramich MEDIUM DECIDUOUS SHRUBS (5 Landscaping Points) (24" Tall/Wide Minimum) Corylus americana American Filbert, Hazelnut Myrica Pensylvanica Bayberry Cotoneaster sp. Cotoneaster Forsynthia sp. Forsythia: Border, Early, Weeping Ligustrum Privet Rosa sp. Rose: Virginia, Rugosa Spirea Spirea: Bridalwreath, Thunberg Vanhoutte MEDIUM EVERGREEN SHRUBS (5 Landscaping Points) (24" Tall/Wide Minimum) Juniperus Chinensis Juniper Pfitzer Juniperus lc. Communis Juniper Old Field Common Picea glavca Alberta Spruce Taxus sp. Yew Japanese Thuja Woodwardi Globe Arborvitae LOW DECIDUOUS SHRUBS (3 Landscaping Points) (18" Tall Minimum) Amerlanchier Stolonifera Running Service berry Berberis thunbergii Japanese Barberry Cotoneaster Cranberry Spiraea sp. Spirea: Froebel, Snowmound Hydranga sp. Hydranga: Anabelle, Snowhill Lonicera sp. Honeysuckle: Clavey's Dwarf Emerald Mound LOW EVERGREEN SHRUBS (3 Landscaping Points) (18" Tall/Wide Minimum) Juniperus sp. Juniper: Sargent, Creeping, Andorra Pinus Mugo Mugo Pine Nana Dwarf Japanese Yew Juniper Sabina Savin Voniperi Broadmour, Tamarix Source: A Guide to Selecting Landscape Plants for Wisconsin , Hasselkus. UW-Ext. Publication: A2865 (2)
Depiction of sample landscaping schemes. Figures 2, 3, 4 and 5 shown on the following pages, depicts sample landscaping schemes that may be used for building foundations, developed lots, street frontages and paved areas. In general, landscaping schemes similar to Figure 2 are best for building foundations, Figure 3 are best for developed lots, Figure 4 are best for street frontages and Figure 5 are best for paved areas (including parking lots, walkways and plazas).
(3)
Measurement for landscaping standards. A minimum amount of landscaping points are required for the linear feet of building foundations, the gross floor area of buildings on developed lots, the linear feet of street frontage and the total combined area of paved areas.
(4)
Landscaping standards for building foundations.
a.
New buildings and additions shall be accented by a minimum amount of landscaping placed within a minimum depth of seven feet from the building foundation.
b.
Landscaping for building foundations shall be placed so that at maturity, the plant's drip line is located within ten feet of the building foundation. Such landscaping shall not be located in those areas required for landscaping as street frontages or paved areas. See Figure 2 for a suggested scheme. Landscaping shall not impede vehicle or pedestrian visibility.
c.
For each 100 feet of building foundation perimeter, 40 landscaping points shall be provided on a prorated basis, and installed and permanently maintained.
d.
Tall or medium trees shall not be used to meet this requirement. The intent of this section is to require a visual break in the mass of buildings and to require a visual screen of a minimum of five feet in height for all exterior perimeter appurtenances (such as HVAC/utility boxes, standpipes, stormwater discharge pipes and other pipes).
(5)
Landscaping standards for developed lots.
a.
This section shall apply to already developed lots when building additions or remodels with improvements of more than 25 percent of the assessed value of the structure are proposed.
b.
Landscaping for developed lots shall be placed away from those areas required for landscaping as building foundations, street frontages, and paved areas. See Figure 3 for a suggested landscape scheme. Landscaping shall not impede vehicle or pedestrian visibility.
c.
For each 1,000 square feet of gross building floor area, ten landscaping points shall be provided on a prorated basis, and installed and permanently maintained.
d.
The intent of this section is to provide yard shade and to require a visual screen of a minimum of five feet in height for all detached exterior appurtenances (such as HVAC, electrical transformers, utility boxes, standpipes, stormwater discharge pipes and other pipes).
(6)
Landscaping standards for street frontages.
a.
Street frontages for new buildings and additions shall contain a minimum amount of landscaping in those areas that abut the right-of-way of a public street.
b.
Landscaping for street frontages shall be located within ten feet of the public right-of-way. In no instance shall such landscaping be located within a public right-of-way. Landscaping shall not impede vehicle or pedestrian visibility.
c.
For each 100 linear feet of street frontage where a developed lot abuts a public street right-of-way, 40 landscaping points shall be provided on a prorated basis, and installed and permanently maintained.
d.
Shrubs shall not be used to meet this requirement. A minimum of 50 percent of all points shall be devoted to tall and medium deciduous trees and a minimum of 30 percent of all points shall be devoted to medium and low evergreen trees.
(7)
Landscaping standards for paved areas.
a.
Paved areas for new buildings and additions shall contain a minimum amount of landscaping within ten feet of the paved area. The intent of this subsection is to provide a visual screen of the parking lot from abutting properties that breaks up the parking lot look and separates the parking lot stalls by providing shade trees within the parking lot. The screening around the perimeter of the parking lot shall have a minimum height of 40 inches from the street view.
b.
A minimum of 270 square feet of landscaped area, which shall be located in the parking lot for every ten linear stalls of the paved area. The landscape island shall take up 1½ parking stalls. See Figure 5 for a suggested landscaping scheme. Plants used to fulfill the perimeter requirement should provide 50 percent solid screening of the parking, loading and circulation areas from view from public streets. Plants used for landscape islands shall be tall and medium deciduous trees and low shrubs.
c.
For every 20 off-street parking stalls located in a development, one landscaped island, a minimum of 270 square feet, shall be installed and permanently maintained. Each island shall have a minimum of 80 landscaping points and be devoted to tall or medium deciduous trees and shrubs.
d.
A ten-foot-wide green buffer shall be provided around the perimeter of all lots excluding areas for driveway connections to the public street or approved way.
(8)
Classification of plant species. For the purpose of these standards, plant materials are classified into 12 groupings: "tall deciduous tree," "medium deciduous tree," "low deciduous tree," "tall evergreen tree," "medium evergreen tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous shrub," "low deciduous shrub," "medium evergreen shrub," "low evergreen shrub," and "non-contributory plants." The plan commission and town board shall review proposals for, and the applicability of, species not contained in this list and is authorized to approve appropriate similar species.
(9)
Requirements for installation of landscaped areas.
a.
Installation. All landscaping material recommended by the provisions of these standards and guidelines shall be installed on the subject property, per the approved site plan, within 365 days of the issuance of an occupancy permit for any building on the subject property or as determined by the plan commission but no later than the time period stated above.
b.
Cash deposit.
1.
If the subject property is to be occupied prior to the installation of all required landscaping material, the property owner shall file, subject to approval by the planner, a certificate of deposit or a certified check in the amount equal to 110 percent of the estimate of landscaping materials and installation cost. An enforceable contract, for all work on the subject property indicated on the detailed landscaping plan required under the provisions of these standards and guidelines, from a qualified contractor (valid for a 365-day period), shall be used to determine the amount of surety.
2.
If a part of a phased project approved per the requirements of the standards and guidelines, said amount may be split into amounts which are applicable to phases of the project.
3.
Governmental units to which these bond and guarantee provisions apply, may, in lieu of said contract or instrument of guarantee, file a resolution or letter from officers authorized to act in its behalf, agreeing to comply with the provisions of these standards and guidelines.
c.
Existing plant material which meets the recommendations of these standards and guidelines and which will be preserved on the subject property following the completion of development, may be counted as contributing to the landscaping recommendations.
d.
All landscaping areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established.
e.
The exact placement of required plans and structures depicted on the required detailed landscaping plan component of the required site plan shall be the decision of each property owner within the recommendations of this section, except that the following requirements shall be met:
1.
Evergreen shrubs shall be planted in clusters in order to maximize their chance of survival.
2.
Where a combination of plant materials, and/or berming and/or fencing is used, the fence and/or berm shall be located toward the interior of the subject property and the plant material shall be located toward the exterior of the subject property.
3.
In no manner shall landscaping materials be selected and/or located in a manner that results in the creation of a safety or visibility hazard.
(10)
Requirements of maintenance. The continued and continual maintenance of all required landscaping materials shall be a requirement of these standards and guidelines and shall be the responsibility of the owner of the property on which said materials are required. This requirement shall run with the property and is binding upon all future property owners. Development of any and all property following the effective date of the ordinance from which these standards and guidelines were derived shall constitute an agreement by the property owner to comply with the provisions of these standards and guidelines. Upon failure to comply with these provisions, the town may enter upon the property for the purpose of evaluating and maintaining all required landscaping materials, and may specially assess the costs thereof against the property. Failure to comply with this requirement shall be considered a violation of these standards and guidelines, and shall be subject to any and all applicable enforcement procedures and penalties.
(11)
Use of required landscaped areas.
a.
Any and all required landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian, bike, or equestrian trails provided that:
1.
No required materials are eliminated;
2.
The total width and area of required landscaping is maintained; and
3.
All other regulations of these standards and guidelines are met.
b.
In no event, however, shall swimming pools, tennis courts, sports fields, golf courses, or other such active recreation use be permitted in such areas. Furthermore, in no instance shall any parking be permitted in such areas, nor shall any outdoor display or storage of materials be permitted in such areas. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.
(12)
Utility easements. Landscaping materials, fences and berms that are located within a duly-recorded utility easement and/or a pedestrian easement shall not count toward meeting a landscape requirement. However, the width of such areas may be counted as part of a landscaping requirement.
(13)
Calculating landscaping recommendations. In calculating the number of recommended landscaping points under the provisions of these standards and guidelines, all areas and distances on which required calculations are based shall be rounded up to the nearest whole number of square feet or linear feet. Any partial plan derived from the required calculations of these standards and guidelines (for example, 23.3 points shall be rounded up to the nearest whole 24 points).
(h)
Exterior lighting standards. These standards are intended to protect motorists and surrounding areas from excessive light or glare. This section is not, however, intended to apply to public street lighting.
(1)
Internal lot lighting. Lighting standards and luminaries for parking lots, internal roads, drives and walkways shall conform to the following requirements:
Type of Luminaire*
Permitted Illumination Maximum Height No cut-off 2 foot-candles 12 feet Cut-off 3 foot-candles 28 feet *See description of types of luminaries in subsection (h)3 of this section (2)
Method of light measurement. Illumination shall be measured in foot-candles at six inches above the ground level in a horizontal position at the lot line. A direct reading portable light meter with color and cosine corrected sensor and multiple scales shall be used. The meter shall have been tested and calibrated to an accuracy of plus or minus five percent within one year of its use. Measurements shall be made after dark. The difference between "lights on" measurements and "lights off" measurements shall be used to determine the illumination, thereby eliminating the effects of ambient light.
(3)
Types of luminaries. Luminaries and lighting which may be used:
a.
No cut-off luminaire. This is a luminaire whose light source is visible from above a line parallel to the ground running through the center of the luminaire (i.e., an angle of greater than 90 degrees.) Such luminaries have the maximum glare potential.
b.
Cut-off luminaire. This luminaire has a cut-off of less than 90 degrees, so that at the centerline of the street, the luminaire is totally shielded from view. This fixture reduces glare to a minimum. Except as in subsection (h)(3)c of this section, all cut-off fixtures shall be designed and located so that the cut-off line is at least ten feet within the lot line.
c.
Floodlighting. Floodlighting of buildings shall not exceed three foot-candles measured from a height equal to one-half the building height at the face of the building and shall be focused on the building with no fugitive light leaving the fixture (shielded).
(4)
Additional lighting regulations. Notwithstanding any other provision of this section to the contrary:
a.
No flickering or flashing lights shall be permitted.
b.
Light sources, or luminaries, shall not be located within buffer yard areas except on pedestrian walkways.
(i)
Exterior site usage.
(1)
Outdoor storage. In A-1, P-1, B-1, B-2, B-3, I-1 and I-2 zoning districts, the outdoor storage of any goods, material, merchandise, or vehicles and equipment may be permitted subject to the following:
a.
Storage area is allowed in the rear yard only as determined by the plan commission. The side yard could be used if the plan commission determines the rear yard is not a practical location with screening of the side yard.
b.
Storage area shall not be visible from any public right-of-way.
c.
Storage area shall be bounded by:
1.
A minimum six-foot-high wooden or vinyl solid fence;
2.
A minimum six-foot-high chainlink fence with landscape plantings at the height of the fence at planting to screen the view of the chainlink fence from the public right-of-way; or
3.
A landscaped treatment as approved by the plan commission. The landscape treatment may include, but not be limited to, earth berms constructed of topsoil and stabilized with seed, landscape plantings (i.e. shrubs, deciduous trees, evergreens, etc.), landscape materials/structures (i.e., decorative concrete block walls, landscape timbers, boulders, etc.), or a combination thereof. The landscape treatment shall be constructed high and dense enough and to sufficiently screen the view from the public right-of-way.
d.
Storage area shall not exceed 20 percent of the lot area; provided, however, that the storage area for salvage yards for which a conditional use has been granted may be increased so that the total storage area as to such salvage yards shall not exceed 30 percent.
e.
Stored items shall be accessory to the approved business operation.
(2)
Outdoor display. In the B-1, B-2, B-3, I-1 and I-2 zoning districts, the outdoor display of any goods, material, merchandise, or vehicles and equipment may be permitted subject to the following:
a.
Scaled site plan requires approval by the town plan commission and town board.
b.
Display area is allowed in any yard with layout and use detailed on a plat of survey and approval by plan commission and town board.
c.
Display area shall not exceed 30 percent of lot area.
d.
Displayed items shall be in working condition and displayed in a neat and orderly condition at all times so that the premises will not detract from the neighboring premises.
(j)
Modifying and/or termination of site plan or plan of operation. If any item of the site plan or plan of operation does not continue in conformance with the approved plan or operation, the use and site plan approval may be modified and/or terminated by action of the town board. Notwithstanding the foregoing, prior to any decision made by the town board which would result in the modification and/or termination of the use and site plan as previously approved, the property owner shall be given written notice of the proposed action to be taken by the town board, and shall be afforded an opportunity to present evidence and be heard by the town board prior to any final action being taken by the town board which could result in the modification or termination of the use and site plan.
(Ord. of 10-24-2017, § 13-2-4)
Editor's note
Former § 13-2-4(h)(1)d. was amended by Ord. of 11-17-2011; former § 13-2-4(f)(1) was amended by Ord. of 10-11-2013.