Village of Random Lake Ordinance
CHAPTER 17 - ZONING CODE

17.101 R-5 R-PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTS (Cr. Ord. #13?]98).

  (1)  INTENT.  The Residential Planned Unit Development (R?]PUD) Overlay District regulations are intended to permit flexibility and, consequently, encourage more creative and imaginative design for residential development of a site than under conventional zoning regulations while, at the same time, preserving the health, safety, order, convenience, prosperity and general welfare of the Village.  The planned development procedure requires a high degree of cooperation between the developer and the Village.  The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the Village with assurances that the project will retain the overall quality and character of a planned residential development envisioned at the time of approval.

(2)GENERAL PROVISIONS.  The Plan Commission may recommend and the Village Board may, upon the request of the owners, establish planned development overlay districts which will, over a period of time, tend to promote the maximum benefit from coordinated area site planning by permitting the diversified location of structures and mixed dwelling types and compatible uses while encouraging maximum protection and preservation of natural resources and environmentally sensitive areas located within and impacted by such development.

(a)Minimum R?]PUD Overlay District Development Area.  The Plan Commission shall be the authority in establishing the required size of an R?]PUD Overlay District.  Conditions to be considered by the Plan Commission in determining the minimum area required for R?]PUD Overlay District zoning may include, but are not limited to, the following:

1.Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features.

2.The land is adjacent to or across the street from property which has been developed as an R?]PUD and is to be developed in relationship to such prior development.

3.The R?]PUD process is desirable to insure compatibility and careful consideration of the effect of a development on surrounding land uses.

4.Detrimental site features affecting the development potential of a site such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses or others may also justify consideration of an area as an R?]PUD in order to give the design flexibility needed to deal with site constraints.

(b)Permitted and Accessory Uses.  Permitted and accessory uses in an R?]PUD Overlay District shall be the same as those permitted in the underlying existing zoning district in which an R?]PUD is located.  If a developer desires uses different than those permitted by the existing zoning, the developer shall simultaneously petition for rezoning of the underlying existing zoning to a zoning district which permits the desired uses.

(c)Mixed Uses.  A mix if different residential uses within an R?]PUD Overlay District may be permitted if the Plan Commission and the Village Board determine that the mix of uses is compatible internally and with land uses in the abutting and surrounding neighborhood and necessary to achieve the objectives of the R?]PUD Overlay District.

(d)Number of Buildings on a Lot.  The R?]PUD Overlay District may permit more than one residential building on a lot. 

(e)Density.  The R?]PUD Overlay District may permit the transfer of density (dwelling units) from one portion of the subject site to another and will permit the clustering of dwelling units in one or more locations within the total site.  However, the density of use shall not exceed the density permitted in the underlying existing zoning district or districts.

(f)Setbacks.  Front yard setbacks shall comply with that of the underlying zoning district or districts.  Side and rear yard setbacks are to be determined by the Plan Commission after considering site specific areas.

(g)Building Requirements.  The building regulations of the underlying zoning shall be applicable for all developers.

(h)Temporary Uses.  Real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure are permitted.

(i)Buffers.  The Plan Commission may require buffers between different and potentially incompatible land uses, buildings and structures.  The use and integration of existing, natural features and vegetation as well as the installation of a variety of landscaping features shall be used as buffers and is strongly encouraged.  The need for buffers in an R?]PUD Overlay District shall be determined by the Plan Commission at the time of site specific plan review. 

(j)Open Space.  The Plan Commission may require the development area of an R?]PUD Overlay District to contain up to 20% open space as determined by the Plan Commission on a site specific basis.  When deemed appropriate, the Plan Commission may also reduce density for open space purposes.  For purposes of satisfying this requirement, "open space":

1.May include floodplain area and wetland area in certain instances if permitted by the Plan Commission.

2.May not include streets, driveways and front yard setback requirements.

3.Shall be established as part of the general development plan and described and identified as to size, location, use, improvements (if any) and maintenance responsibility.

(3)APPLICATION PROCEDURE AND REQUIRED INFORMATION.  (a)  Preliminary Consultation.  An applicant shall meet with the Plan Commission and appropriate Village staff members for a preliminary consultation prior to formally submitting a rezoning petition for an R?]PUD Overlay District.  The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.

(b)Rezoning Petition and General Development Plan.  The applicant shall submit a rezoning petition in accordance with the application procedure described in sec. 17.26 of this chapter.  In addition to the required information noted in sec. 17.26, a general development plan shall be submitted to the Plan Commission and the Village Board for review 30 business days prior to any rezoning hearing.  The general development plan and supporting information shall contain and/or address the following:

1.Plot plan of area proposed for development.

2.Proposed location of public utilities, public and private roads, driveways and parking facilities.

3.Size, arrangement and location of all proposed buildings.

4.Location of proposed open space areas, buffer yards and areas reserved or dedicated for public uses.

5.Perspective drawings and sketches illustrating the design and character of proposed structures.

6.Existing topography on site with contours at no greater than 2 foot intervals National Geodetic Vertical elevation.

7.A development phasing plan if development is to be developed in stages or phases.

(c)Public Inspection.  The general development plan shall be available for public inspection prior to any rezoning hearing on the proposed project.

(d)Public Hearing.  The Plan Commission shall hold a public hearing on the rezoning request and, following said public hearing, shall make a recommendation to the Village Board regarding approval/disapproval.

(e)Rezoning Approval/Disapproval.  The Village Board shall act on the recommendation of the Plan Commission regarding the rezoning petition at their next scheduled meeting.

(4)CONDITIONS AND RESTRICTIONS, PRELIMINARY PLAN APPROVAL.  (a)  The Plan Commission may recommend and the Village Board may adopt, by resolution, conditions and restrictions for R?]PUD Overlay Districts that specify permitted uses and set bulk regulations and density standards for lot coverage and dwelling unit size and distribution and yard setbacks.

(b)Conditions and restrictions adopted to govern development within a specific R?]PUD Overlay District may include, but not be limited to, nonstandard or nonuniform requirements, regulations and provisions recommended by the Plan Commission and approved by the Village Board.  Such nonstandard requirements, regulations and provisions shall be designed to insure proper development and appropriate operation and maintenance of specific developments on specific sites consistent with the intent of these regulations and commitments made by a developer at the time an R?]PUD Overlay District and general development plan are approved.

(5)DETAILED PLANS AND INFORMATION.  (a) After the R?]PUD zoning has been granted and the general development plan, together with conditions imposed by either the Plan Commission or the Village Board, has been approved, detailed site plans, architectural plans and utility plans shall be submitted to the Plan Commission for final review prior to the execution of a developer's agreement between the developer and the Village Board.  Other related information required may include, but is not limited to, maintenance standards and plans of operation.  The detailed plan and information shall conform substantially to the general development plan as approved.

(b)Information to be included in the detailed plan shall conform to the following subsections of sec. 19.06 of this Code where applicable:

1.General Requirements.  A final plat prepared by a registered land surveyor shall be required for all developments.  It shall comply in all respects with the requirements of Sec. 236.20, Wis. Stats.

2.Additional Information.  The plat shall show correctly on its face, in addition to the information required by Sec. 236.20, Wis. Stats., the following:

a.Exact length and bearing of the center line and center and center line curves of all streets.

b.Exact street width along the right of way line of any obliquely intersecting street.

c.Railroad rights of way within and abutting the plat.

d.Setbacks or building lines, if required by the Plan Commission, in accordance with the guidelines set forth in section 19.08 of this Code.

e.Utility and/or drainage easements.

f.All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

g.A detailed landscaping plan.

h.Special restrictions required by the Village Board relating to access control along public ways and delineation of floodland limits.

3.Deed Restrictions.  The Village Board may require that deed restrictions imposed by the developer be filed with the final plat.

4.Plat Restrictions.  The Village Board may require that plat restrictions intended to reflect Village plans and ordinances be placed on the face of the plat.

(6)REVIEW OF DETAILED PLAN.  The Plan Commission shall review the detailed plan and provide the developer with a list of changes and additional requirements as it deems appropriate.  Upon reaching agreement with the developer, the Plan Commission shall forward its recommendation to the Village Board.

(7)ARCHITECTURAL REVIEW.  Building plans shall also be submitted to the Architectural Review Board for their review and approval prior to the issuance of a building permit.  (See sec. 17.201 of this chapter)

(8)COMMENCEMENT OF PROJECT.  (a) After the Village Board, upon recommendation of the Plan Commission, has approved the detailed site plans, construction of private and public amenities may commence in accordance with sec. 19.10 of this Code.

(b)No building permit for residences shall be issued until building plans have been approved by the Architectural Review Board and all applicable fees and assessments required in sub. (13) below and sec. 19.11 of this Code have been paid and either all public and private construction has been completed and approved or a developer's agreement, including a letter of credit, has been approved by the Village Board.  For staged development, such developers' agreements shall provide for the construction of improvements and the use of common areas outside of the subject stage.

(c)After the Village Board, upon the recommendation of the Plan Commission, has approved the plans, the project shall be commenced within one year unless the time is extended in writing by the Village Board.  In the event the project is not so timely commenced, the approval of the Village Board shall be deemed to be automatically revoked and zoning will revert back to the classification it held prior to rezoning approval.

(9)RECORDATION.  The final plat or condominium declaration shall be recorded with the County Register of Deeds.  Plats shall be recorded only after the certificates of the Director of Planning Function in the Wisconsin Department of Development, of the Village Board, of the surveyor and those certificates required by Sec. 236.21, Wis. Stats., are placed on the face of the plat.  The Clerk?]Treasurer shall record the plat or condominium declaration within 10 days of its approval by the Village Board.  The developer shall, however, be responsible for payment of the recording fee.

(10)DUPLICATE PLAT OR CONDOMINIUM DECLARATION AND PLAT TO BE FILED.  An identical reproducible copy on stable drafting film at least 4 mils thick, along with the recording data, shall be placed on file with the Director of Public Works. See also Sec. 19.041 of this code.

(11)MAINTENANCE OF PROJECT.  (a)  Should the owner of a planned development, homeowners' association or the condominium owners' association, in the event a condominium is created, fail to properly operate or maintain the premises according to the terms of this section or the developer's agreement, or to the extent that a nuisance is caused to occupants or neighbors, the Plan Commission may refuse to approve subsequent stages of the development until such time as they determine that the situation and/or the method of operation has been corrected.  Failure to maintain the premises and/or satisfy any and all requirements contained in the approved plans, the R?]PUD Overlay District ordinance or developer's agreement shall constitute a violation of the Zoning Code and be subject to the enforcement provisions set forth therein.

(b)Should the owner of a planned development or condominium owners' or homeowners' association fail to adequately perform maintenance functions such as snow and ice removal, weed cutting or trash disposal, the Village shall have the right to perform such functions or to contract for their accomplishment at the property owner's expense.

(12)CHANGES OR REVISIONS.  (a) All proposed changes, revisions and additions to any aspect of an approved planned development project shall be submitted to the Plan Commission for its review.  The Plan Commission shall determine if the change, revision or addition is minor or if it materially affects the intended design of the project and the impact of the project on neighboring uses.

(b)If the change is determined to be minor, the Plan Commission shall review the request and pass its findings to the Village Board, which may approve the change without a public hearing.  The Plan Commission's decision on minor changes shall be rendered at a meeting subsequent to the meeting at which the requested change was initially presented to the Plan Commission.

(c)If the requested change is determined by the Plan Commission to be substantial because of its effect on the intended design of the project or on neighboring uses, a public hearing shall be held by the Plan Commission to review and pass its findings to the Village Board for final approval.

(13)FEES.  The developer shall pay to the Village all fees and all professional expenditures incurred by the Village at the time specified.

(a)General R?]PUD Plan Review Fee.  The developer shall pay a fee of $100 plus $2 for each residential unit over 25 at the time the application is filed.

(b)Detailed R?]PUD Plan Review Fee.  The developer shall pay a fee of $100 plus $2 for each residential unit over 25 at the time the application is filed.

(c)Professional Fees.  The developer shall reimburse the Village for all engineering, planning and legal fees incurred by the Village.  The Village shall bill the developer monthly and payment shall be made within 10 days from date of billing.