(001) What exactly is a PUD and where can we get a copy of the plan pertaining to RRLE?

Planned Unit Development (PUD):

(002) The following is text is from the Town of Fulton Code.

(003) This Document may be found at:

http://www.townoffulton.com/ordinances/

(004) This text is substantially the same as found in the Rock County Land Division Regulations.

(005) This Document may be found at:

http://www.co.rock.wi.us/

(006) The planned unit development (PUD) is an area with a minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, limited commercial clusters, or planned residential developments, and one or more public, quasi-public, agricultural and/or conservation areas.

(007) The basic principle of the PUD is that property rights usually include private area or lot and access to commonly owned property which is usually owned by a property owners' association or covered by easements which provide common use among property owners.

Purpose and intent of planning unit development.

(008) The PUD is established herein to provide a regulatory framework designed to encourage and promote improved environmental design by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance to the basic intent of this chapter and the general plan for community development.

(009) To this intent it allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects.

(010) It is further intended to encourage more rational and economic development with relation to public services and to encourage and facilitate preservation of open land.

Lot area, lot width, height, floor area ratio, yard and usable open space requirements.

(011) In the PUD the requirements of the respective zoning district may be relaxed at the discretion of the Planning and Zoning Committee.

(012) In no case shall the maximum number of units per square foot in relation to the total development be more than one (1) unit per 40,000 square feet.

(013) A minimum of five (5) acres of land shall be developed as a unit.

Off-street parking.

(014) In the planned community development district off-street parking facilities shall be provided in accordance with applicable zoning district regulations, and such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.

Criteria for approval.

(015) As a basis for determining the acceptability of a planned unit development application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.

Character and intensity of land use.

(016) In a planned unit development, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which: Is compatible with the physical nature of the site, with particular concern for preservation of natural features, tree growth and open space.

(017) Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.

(018) Would not adversely affect the anticipated provision for school or other municipal services.

(019) Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

Economic feasibility and impact.

(020) The proponents of a planned unit development application shall provide evidence satisfactory to the Planning and Zoning Committee of its economic feasibility, of available adequate financing and that it would not adversely affect the economic prosperity of the community or the values of surrounding properties.

Engineering design standards.

(021) The width of street right-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the Planning and Zoning Committee.

Preservation and maintenance of open space.

(022) In a planned community development area, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication of private land.

(023) In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the public as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the development.

(024) Buildings or uses for limited commercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently, with the express approval of the Town Board, following approval of building site and operational plans by the Planning and Zoning Committee.

(025) The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project.

(026) The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement and shall be included in the title to each property.

(027) Ownership and tax liability of private open space reservation shall be established and made a part of the conditions of the plan approval.

Implementation schedule.

(028) The proponents of a planned unit development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Planning and Zoning Committee, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

Procedure.

(029) The procedure for obtaining a PUD shall be as required for any other conditional use under this chapter, except that in addition thereto, the conditional use may only be considered in conjunction with the development plan and shall be subject to the following additional requirements:

General development plan.

(030) The applicant shall file with County Planner and the Planning and Zoning Committee a general development plan which shall include the following information:

(031) A statement describing the general character of the intended development.

(032) An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features, using two-foot (2) contour intervals.

(033) A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsection E of this section.

(034) The pattern of proposed land use, including shape, size and arrangement of proposed use areas, density and environmental character.

The pattern of public and private streets.

(035) The location, size and character of recreational and open space areas reserved or dedicated for public uses, such as schools, parks, greenways, etc.

A utility feasibility study.

(036) Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation by the community under the criteria of this section.

(037) General outline of intended organizational structure related to property owners' association, deed restrictions and private provision of common services.

Referral and hearing.

(038) Within 60 days after completion of the filing of the petition for approval of a preliminary proposal, the Planning and Zoning Committee shall schedule the required public hearing.

(039) Approval of the conditional use and related preliminary proposal shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of district regulation, but such plan shall be conditioned upon approval of a specific implementation plan and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.

Final plan.

(040) A specific and detailed plan for implementation of all or a part of a proposed planned unit development must be submitted within one year after receiving preliminary approval from the Planning and Zoning Committee.

(041) If a final plan has not been submitted within said time, which the Planning and Zoning Committee determines to be a reasonable phase of the total plan, the area shall revert back to the original zoning district without PUD classification.

(042) The specific implementation plan shall be submitted to the Planning and Zoning Committee and shall include the following detailed construction and engineering plans and related detailed documents and schedules:

(043) An accurate map of the area (at a scale of one (1) inch equals 100 feet) covered by the plan including the relationship to the total general development plan.

(044) The pattern of public and private roads, driveways, walkways and parking facilities.

(045) Detailed lot layout and subdivision plat where required.

(046) The arrangement of building groups, other than single-family residences, and their architectural character.

(047) Sanitary sewer and water mains.

(048) Grading plan and storm drainage system.

(049) The location and treatment of open space areas and recreational or other special amenities.

(050) The location and description of any areas to be dedicated to the public.

(051) General landscape treatment.

(052) Proof of financing capability.

(053) Analysis of economic impact upon the community.

(054) A development schedule indicating:

(055) The approximate date when construction of the project can be expected to begin;

(056) The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

(057) The anticipated rate of development;

(058) The approximate date when the development of each of the stages willl be completed; and

(059) The area and location of common open space that will be provided at each stage.

(060) Agreements, bylaws, provisions or covenants which govern the organization structure, use, maintenance and continued protection of the planned community development and any of its common services, common open areas or other facilities.

(061) Any other plans, documents or schedule requested by the community.

(062) Approval of the final plan.

(063) Following a review of the specific implementation plan, the Planning and Zoning Committee shall recommend to the Town Board that it be approved as submitted, approved with modification or disapproved.

(064) Upon receipt of the Planning and Zoning Committee's recommendation, the Board may approve the plan and authorize the development to proceed accordingly or disapprove the plan and send it back to the Planning and Zoning Committee for further negotiation with the developer.

(065) In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time.

(066) This shall be accomplished prior to the issuance of any building permit.

(067) Any subsequent change or addition to the plans or use shall first be submitted for approval to the Planning and Zoning Committee, and if, in the opinion of the Committee, such change or addition constitutes a substantial alteration of the original plan, the procedure provided in Subsection F above and in this subsection shall be required.

(068) Documents pertaining to the "plan" would be on record with the Rock County Register of Deeds.

(069) In our Agency we have a file with historical records that may be viewed onsite.

(070) Copies of requested records may be obtained for the cost of reproduction.

(071) Are there any local zoning ordinances from either Rock County or Fulton Township affecting RRLE or does our covenants restrict land use only?

(072) The "covenants" and other documents that manage the RRLE development are subject to current and future zoning regulations (Local, County & State).

(073) For instance, the County regulates development in the Shoreland District of the Rock River.

(074) This extends for 1,000 from the Ordinary Highwater mark of the Rock River.

(075) This District manages development within this geographical location (structure location, density, and vegetation).

(076) Does Rock County Planning & Zoning consider “Permanent Residence”, “Permanent Living” and “Year Around Living” meaning the same thing?

What is Rock County’s definition of “Permanent Residence”?

(077) The terms permanent residence, permanent living and year round living must be taken in the context of the "covenants" and other management documents for RRLE.

(078) To apply generic definitions would be inappropriate.

(079) As with any document one must read the entire text to understand what is trying to be achieved.

(080) This will give a better understanding of what these terms mean.

(081) One should discount advertisement or promotional literature as a defining document as they are not adopted management language.

(082) We own Lot 303 at RRLE, is there any zoning ordinance affecting the usage of our lot?

(083) Lot 303 is affected by any Zoning Ordinance that has jurisdiction.

(084) Again, that would be any Local, County & State.

(085) For instance, the Town of Fulton Zoning Ordinance regulates your property.

(086) Additionally, the State 1 & 2 Family Dwelling Code administered by the Town Building Inspector governs your structures.

(087) The County Health codes regulate your well water.

(088) This is not meant to be an exhaustive itemized list but, you can see a number of regulations by various entities affect your property.

(089) What exactly is a “Conditional Use Permit” and how would it affect RRLE?

Conditional Use Permit (CUP):

(090) The following is text is from the Town of Fulton Code.

(091) This document may be found at:

http://www.townoffulton.com/ordinances/

(092) Any use listed as a conditional use in this chapter shall be permitted only upon application in duplicate to the Town Clerk/Treasurer and issuance of a conditional use permit by the Planning and Zoning Committee.

(093) A conditional use permit shall be issued only upon satisfaction of the requirements listed herein, in addition to all other requirements of this chapter.

(094) All such uses are hereby declared to possess such unique and special characteristics that each specific use shall be considered as an individual case.

(095) Conditional use permits will expire one year from the date of issuance unless the property owner can prove to the satisfaction of the Planning and Zoning Committee that said use of the property shall occur in the near future.

(096) Conditional use permits can be denied by the Planning and Zoning Committee based upon the factors set forth in this article as well as upon the impact which the use requested may have on the environment or quality of life in the area, and based upon whether the use requested complies with the development map.

(097) In order to secure evidence upon which to base its determination, the Planning and Zoning Committee may require, in addition to the information required for a conditional use permit, the submission of plans of buildings, arrangement of operations, plat of grounds showing location of buildings, stockpiles, equipment storage, fences or screens, specification of operations, parking areas, traffic access, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this chapter.

(098) In passing upon a conditional use permit application, the Planning and Zoning Committee shall consider the following factors:

(099) The location, nature, and size of the proposed use.

(100) The size of the site in relation to it.

(101) The location of the site with respect to existing or future roads giving access to it.

(102) Its compatibility with existing uses on land adjacent thereto

(103) Its harmony with the future development of the district.

(104) Existing topography, drainage, soils types, and vegetative cover.

(105) Its relationship to the public interest, the purpose and intent of this chapter and substantial justice to all parties concerned.

(106) Compliance with the development map or plan.

(107) The impact on the quality of life in the surrounding area.

(108) The impact on the environment.

(109) In passing upon a conditional use permit application in the A-1 District, the Planning and Zoning Committee and Town Board shall also consider the following factors:

(110) The potential for conflict with agricultural use.

(111) The need of the proposed use for a location in an agricultural area.

(112) The availability of alternative locations.

(113) Compatibility with existing or permitted uses on adjacent lands.

(114) The productivity of the lands involved.

(115) The location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted.

(116) The need for public services created by the proposed use.

(117) The availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.

(118) The effect of the proposed use on water or air quality, soil erosion, and rare or irreplaceable natural resources.

(119) Upon consideration of the factors listed above, the Planning and Zoning Committee may attach such conditions, in addition to those otherwise specifically listed, that it deems necessary in furthering the purpose of this chapter.

(120) Violation of any of these conditions shall be deemed a violation of this chapter.

If you have additional question please call the Planning & Development Agency at 608.757.5587.

Thank you for your time and efforts,

Colin Byrnes

Rock County Zoning Administrator