Chapter 135

SUBDIVISION OF LAND

[HISTORY: Adopted by the Town Board of the Town of Troy as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Plan Commission — See Ch. 21, Art. I.

 Building construction — See Ch. 27.

 Farmland and open space preservation — See Ch. 52.

 Impact fees — See Ch. 70.

 Mobile homes and mobile home parks — See Ch. 92.

 Roads and driveways — See Ch. 125.

 Utilities — See Ch. 149.

 Zoning — See Ch. 170.

  

ARTICLE I

Subdivision Regulations

[Adopted 2-13-1978, as amended through 11-4-2002]

§ 135-1.  Statement of purpose and authority. 

A.     The purpose and intent of this article is to promote the public health, safety and general welfare by regulating the subdivision of land in the Town of Troy in a manner that will protect agricultural practices and land use in the Town by directing nonagricultural development to locations less well suited for agricultural uses and purposes. Agricultural and nonagricultural development shall be regulated so as to occur in a well designed and orderly manner and located so as to provide the best possible environment for those who live and work in the Town. Adequate provisions shall be made for public services required as a result of subdivision and/or development activity, and all initial public improvements made necessary due to development and subdivision activity shall be designed and constructed by developers at private expense and in accordance with Town requirements. In this way, measured subdivision activity can be accomplished in the Town in a way that preserves the most productive and beneficial tracts of farmable land in the Town and that also preserves the rural atmosphere of the Town by requiring and protecting adequate open space in plats approved by the Town. 

B.      The primary use of land in the Town has historically been agricultural. It is the central policy of this article to regulate new nonagricultural development and subdivision activity in the Town in a manner that preserves significant areas of prime farmland in the Town for agricultural uses and preserves the right to farm, recognizing that viable development of land for agricultural purposes and uses will occur on the large tracts utilized under conventional agricultural practices and on smaller tracts where smaller scale, more intensive or specialty agricultural activity, such as organic farming, truck or market farming, specialty crops, specialty animals, hobby farms, community-supported agricultural plots and the like, can be economically successful agricultural uses, whether located on parcels larger or smaller than 35 acres in size. This central policy is served in this article by the establishment of subdivision regulations that: 

(1)    Allow measured subdivision of land for residential uses while preserving the desirable agricultural areas in the Town by creating incentives and requirements intended to direct residential developments to areas less well suited for agricultural purposes and uses and better suited for residential platting and development, recognizing that the platting of land for residential subdivision permanently removes it from availability for future agricultural uses regardless of zoning; 

(2)    Encourage major subdivision design that creates and permanently preserves and protects open space within such areas to maintain the rural atmosphere of the Town; 

(3)    Can permanently preserve large and small tracts of prime farmland, thereby protecting them from future nonagricultural development, by establishing a program that permits the transfer of development rights from desirable farming areas by encumbering such areas with conservation easements to permanently prevent future subdivision and development and that allows areas better suited for residential development to be subdivided at greater densities than otherwise allowed under this article by transferring development rights to such areas and in so doing create the potential for equitable compensation of landowners who transfer development rights off their land; and 

(4)    Oversee the measured conversion of large parcels of exclusive ag-zoned land in the Town from agricultural purposes and uses under farm plan requirements that permanently protect those portions of larger parcels best suited for agricultural uses by placing them under conservation easements to prevent intensive future residential subdivision on the best farmable areas and by creating a system of regulations for the subdivision of the remainder of the parcel that encourages incorporating open space in subdivided areas so as to preserve the rural atmosphere in the Town and to better allow the peaceful and productive coexistence of agricultural and nonagricultural uses in the Town.   

C.     This article is enacted pursuant to the Town of Troy's authority and powers, both expressly conferred and inferable under Chs. 59, 60, 61, 66, 91, and 236, Wis. Stats., and all other applicable statutory or common law whether now in force or as may be enacted in the future. It is also intended to advance the eight main goals of the Town's 1992 Growth Management Plan, albeit in a manner not anticipated at the time that certain of the plan's objectives and policies were being developed. Although residential development will now occur in or close to areas zoned exclusive ag, all such subdivision and development shall be undertaken in the manner that best protects prime farmland in the Town and keeps it available for agricultural purposes and uses through the application of the regulations and landowner choices established herein.   

§ 135-2.  Definitions. 

A.     Words and phrases related to zoning and subdivision of land and used in this article shall be as defined in the St. Croix County ordinances on zoning and subdivisions, unless otherwise defined in this article. 

B.      Additional definitions specific to the Town of Troy. As used in this article, the following terms shall have the meanings indicated: 

AGRICULTURAL PURPOSE/USE — General farming, including beekeeping, egg production, floriculture, fish or fur farms, dairy, licensed game management farms, forest management, livestock, poultry raising, sod farming, roadside stands selling only produce from the farm operation on the premises by members of the farm family, nurseries, greenhouses, vegetable raising, raising of grain, grass, mint, seed and ginseng crops, raising of fruit, nuts and berries, and other similar uses, including placing land in federal programs for payment in kind or enrolling land in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836 but excluding farms operated for the disposal or reduction of garbage, sewage, rubbish or offal.  

BUFFER SPACE — Undeveloped area(s) in any major subdivision that cannot be further subdivided and is/are owned in common by the owners of the subdivision lots and where the primary purpose is to separate residential areas from areas being preserved for agricultural uses. Buffer spaces also serve as “open acres.”  

BULB OF CUL-DE-SAC — The area of a cul-de-sac rear of a line tangent to points where the radius of the bulb meets the point of curve or reverse curve. See Exhibit A.[1]  

CLUSTER SUBDIVISION — A subdivision in which the lots sizes are reduced below those normally required in the zoning district in which the development is located, in return for the permanent preservation of undeveloped land.  

CONSERVATION EASEMENT — An enforceable nonpossessory interest in real property imposing any limitation or affirmative obligation, the purposes of which include permanently protecting farmland so as to better preserve the rural character of the Town of Troy; permanently preserving scenic vistas and environmentally significant areas, including wetlands, lakes, streams and wood lots; creating and preserving open areas around significant environmental areas and agricultural areas; protecting the Town of Troy from the encroachment of neighboring cities; permanently restricting land divisions, subdivision and/or residential, commercial or industrial development; permanently retaining or protecting natural, scenic or open space values of real property; permanently assuring the availability of real property for agricultural, forest, recreational or open space use; permanently protecting natural resources; maintaining or enhancing air or water quality; and/or permanently preserving the historical, architectural, archaeological or cultural aspects of real property.  

CUL-DE-SAC — A dead-end road with a circular turnaround at the end for vehicular use.  

DENSITY — The acreage to dwelling unit ratio used to calculate the maximum number of dwelling units allowed in a subdivision. Density is the ratio of the number of dwelling units allowable under this article in the area being subdivided to the total number of acres actually being subdivided. In single-family residential developments, the number of dwelling units and the number of buildable lots will usually be the same. Land used for contiguous, existing road easements can be included in the total number of acres actually being subdivided when calculating a density ratio.  

DWELLING UNIT — A self-contained living unit consisting of sleeping quarters, bathroom(s) and kitchen, more than one of which may be located in one building.  

EXCLUSIVE AG ZONING — Refers to lands located in what the St. Croix County Zoning Ordinance refers to as its Agricultural District, described in § 17.14 of the County Zoning Ordinance.  

FARMETTE — A lot created by the subdivision of land, with the combined area of all farmettes included in the major or minor subdivision in which the lot will be located averaging not less than one lot per 12 acres, and with each lot having a minimum size of six acres. Farmette lots shall not be further subdivided and shall contain no more than one dwelling unit. Creating farmette lots does not automatically trigger an open acres requirement.  

FARM PLAN — A landowner's plan to preserve the best farmland in an existing farm for agricultural uses and purposes under a conservation easement that limits subdivision and development in such area and that also designates other plan areas for subdivision into lots less than 35 acres in size to be located on the less desirable farmland in the plan area, all in conformity with the requirements of § 135-8 of this article. Only land zoned exclusive ag on July 1, 1999, or parcels not so zoned but 35 acres or greater in size and containing adequate areas of prime farmland such that its preservation can advance the central policy of this article may be the subject of a farm plan. All farm plans require Plan Commission review and Town Board approval prior to implementation. Implementation of a farm plan leads to rezoning, subdivision, conservation easement and/or transfers of development rights activities as authorized by this article. Different owners of contiguous land that was zoned exclusive ag on July 1, 1999, may prepare and submit joint farm plans. A farm plan may be submitted for less than all land of an owner. Roads do not sever contiguity for purposes of any farm plan.  

FLAG LOT — A lot not meeting applicable minimum road frontage requirements where access to the public road is by a sixty-six-foot wide access strip (neither more nor less) called the “staff” and where the staff length is 200 feet or longer. Front setback in a flag lot is measured from the point where the staff permanently widens beyond 66 feet. A flag lot driveway may serve no more than two dwelling units.  

LOT — A parcel of land (excluding outlots) created by subdivision for use as a site for one or more dwelling units, as a parcel for conveyance or as a building site of any kind. Areas of a lot subject to public or private rights-of-way or easements, including but not limited to roads, driveways (other than a driveway serving only the lot whose area is being measured), trails, recreation or conservation areas, stormwater drainage, ponding and/or retention areas and utility easements and structures (other than the area for underground utilities serving only structures within the subdivision) are excluded from any calculations of minimum lot size under this article.  

MAJOR SUBDIVISION — The division of a lot, parcel or tract of land resulting in the creation of five or more lots that are 35 acres or smaller in area by one-time or successive lot creation within a period of five years.  

MINOR SUBDIVISION — The division of a lot, parcel or tract of land resulting in the creation of four or fewer lots that are 35 acres or smaller in area by one-time or successive lot creation within a period of five years.  

OPEN ACRES — Acreage included within the sixty-percent area of a 40/60 farm plan and in any subdivision that is dedicated and use-restricted in perpetuity by restrictive covenant or conservation easement as undeveloped acreage adjacent to subdivision lots and/or accumulated and grouped within a subdivision to provide walking paths, nature trails, wildlife habitat, forests, prairies, parks, farmland, farmland buffers, and other similar undeveloped uses. Compatible, private recreational uses for the benefit of the homeowners' association members may be allowed upon Town Board approval. Open acre parcels shall not be further subdivided and are not necessarily outlots. The quantity of open aces may be calculated to include existing public road easements plus the area for developer-built and dedicated Town roads that are accepted for public road purposes by the Town Board after July 1999. All open acres not dedicated for Town roads shall be owned by a duly incorporated homeowners' association. All owners of lots in a subdivision containing such open acres shall belong to the association, and each such lot shall be responsible for an equal share of its expenses. The homeowners' association shall have exclusive responsibility for the maintenance and management of all open acres in the subdivision and for all stormwater management devices and/or erosion control measures that are placed in open acres or that are placed on a privately owned lot in the subdivision but that serve more than the lot on which located.  

OUTLOT — A parcel of land, other than a lot or block, so designated on a plat or certified survey map and created for purposes other than building development.  

PRIME FARMLAND — Class 1, 2 or 3 agricultural land, or its equivalent, as classified by the United States Department of Agriculture or the Natural Resources Conservation Service or under a LESA System, once said LESA System has been adopted by St. Croix County and separately reviewed and approved by the Town of Troy.  

SHARED DRIVEWAY — That part of a driveway that serves two lots from the public road and ending at the point where the driveway splits to serve each separate dwelling unit. Also referred to as “joint driveways.”  

SUBDIVISION, SUBDIVIDED or SUBDIVIDING — These terms refer to both minor (sometimes referred to as “certified survey maps” or “CSMs”) and major subdivision activities and plans for the purpose of transfer of ownership or building development where the act of subdivision will create or result in one or more lots or building sites of 35 acres or less.    

§ 135-3.  Applicability; effect of other laws.

This article shall apply to all subdivisions of land which occur or are proposed to occur within the geographic limits of the Town of Troy. Land in the Town is also under the concurrent jurisdiction of St. Croix County, which also has a Subdivision Ordinance. Land use is also regulated by county zoning ordinances. Town zoning ordinances may also apply. In the extraterritorial plat approval jurisdiction areas of the Town, the subdivision ordinances of the Cities of River Falls and Hudson also apply. Where the standards herein differ from the standards of another applicable town, city or county ordinance, the more restrictive standard shall apply. 

§ 135-4.  Approving authority; plat or certified survey map required; violations. 

A.     The approving authority for all subdivisions of land shall be the Town Board of the Town of Troy, acting after considering the advice and recommendations of the Plan Commission of the Town of Troy. 

B.      A plat or certified survey map approval by the Town Board shall be required prior to the division of land in the Town of Troy into one or more new lots, parcels or tracts when the lots, parcels or tracts being created are subdivisions, unless the subdivision falls within the exemptions listed in § 236.03(2) or 236.45(2)(a)1 to 3, Wis. Stats. 

C.     The following activities are declared to be violations of this article: 

(1)    To convey, offer to convey or contract to convey a CSM or subdivision lot, tract or parcel within such a CSM or subdivision without having had the CSM or subdivision approved by the Town Board. 

(2)    To record a certified survey map, a plat or a metes and bounds description of a lot, thereby attempting to create a CSM or subdivision, without such CSM or subdivision having been first approved by the Town Board. 

(3)    To fail to comply fully with this article or any other Town ordinance regulating the transfer of development rights or any other aspect of the development of land. 

(4)    To fail to comply fully with all permit or approval conditions or requirements made by the Town Board during its review and action on any certified survey map or subdivision plat. 

(5)    Any violation of Ch. 236, Wis. Stats.     

§ 135-5.  Requests for approval; review procedure. 

A.     Basic procedure; information required; when application has been submitted. The developer or owner shall meet with the Town Plan Commission for advance informal concept review of any proposed subdividing activity. Developers and owners are also advised to contact the St. Croix County Planning and Zoning Department at or prior to Town concept review. Concept approval is not binding on the Town Board as to the subdivision approval process. Application materials for Town Board approval for any subdivision of land shall be provided to the Town Board and the Town Plan Commission. Application materials shall be prepared and submitted in conformity with current Town requirements, available in written form from the Town Clerk-Treasurer. Checklists detailing the information required and general application deadline requirements for land use requests shall be available from the Town Clerk-Treasurer. 

(1)    An application for any Town Board action under this article shall not be deemed to have been validly submitted to the Town until a written application, signed by the applicant or an authorized representative and accompanied by the applicable Town land use application checklist and all required materials, has been personally delivered to the Town Clerk-Treasurer, copies of all application materials have been delivered to the Town Attorney and Town Engineer and the application submitted has been acknowledged by the Plan Commission at its regular monthly meeting following the delivery of materials to designated Town personnel. The Town Board, Town Plan Commission, the Town Attorney or Town Engineer can require an applicant to provide additional information at any time where site characteristics or other unique circumstances make it appropriate to do so. At the time an application is delivered to the Clerk-Treasurer, the applicant shall also provide all information and written materials required to allow the Town Clerk-Treasurer to notify all adjoining landowners of what development and/or rezoning action is being proposed. The applicant/developer is responsible for providing all such materials at least 25 days before a Plan Commission meeting so that the Town Clerk-Treasurer can process and mail said notices at least 20 days before the Town Plan Commission meeting at which said proposal for subdivision of land will be considered. 

(2)    The Town Board shall reject any subdivision plat or CSM approval requests which have not been reviewed by nor recommendation received from the Plan Commission prior to being submitted to the Town Board for action.   

B.      Approvals. 

(1)    Action deadlines for plats. The Town Board shall approve or conditionally approve or reject plat applications within 90 days of submittal of a valid application for preliminary plat approval and within 60 days in the case of submittal of a valid application for final plat approval, said submittal to be made in accordance with Subsection A(1) of this section. Plat approval time limits shall be extended only upon written agreement between the Town and all of the applicants or authorized representatives, or at the request of the applicants or authorized representatives and agreement of the Town Board as shown in Town minutes. 

(2)    Developer's agreement required. Preliminary plat or CSM approval by the Town shall be conditioned on all landowners and developers entering into a developer's agreement for all development and subdivision activity where public improvements will be built and dedicated and/or stormwater management methods or erosion control devices are proposed or required. Developer's agreements shall be acknowledged and executed by all project mortgagees. Any such agreement shall also be made available to the County Zoning Administrator. 

(3)    Preliminary plats. 

(a)     No preliminary plat application shall be considered or acted upon by the Town Plan Commission or the Town Board until all material required to evaluate the preliminary plat has been submitted. 

(b)     Preliminary plats submitted for approval shall show or be accompanied by the following information: 

[1]    Legal description, identity of all owners of record, identity of any proposed contract purchaser and any other beneficial owner, including current or planned mortgagees, and name, address and telephone number of the subdivider and person to be contacted concerning the plat, if different. 

[2]    Existing zoning of property. 

[3]    Proposed subdivision name. 

[4]    The exterior boundary, showing bearings and distances with a mathematical closure of one in 30,000 feet. All interior lots shall show distances to the nearest foot. The drawing shall be to a scale of not more than 100 feet to an inch with a graphic scale and North arrow shown on its face. 

[5]    Proposed public roads to be located adjacent to and/or within the property. For all proposed public roads, show: 

[a]     Location of curb and gutter sections. 

[b]     Location of retaining walls. 

[c]     That developer has ability to convey full ownership of road right-of-way areas to Town.   

[6]    The location, right-of-way widths, and names of any existing roads or other public ways, easements, railroad or utility rights-of-way, and any existing access controls. 

[7]    Location and names of adjacent plats, certified survey maps, parks and cemeteries, underscored with a dotted or dashed line, and existing zoning of adjacent parcels. 

[8]    Area of each lot shall be shown as follows: 

[a]     The applicable Town of Troy building line setback requirements shall be drawn for each lot. 

[b]     The net buildable project area, as defined by St. Croix County in its Subdivision Ordinance, must be listed in tabular form for each lot. 

[c]     Preexisting public road easement area contiguous to newly created lots shall be included in the area of the contiguous lot and excluded from minimum lot size calculations.   

[9]    Driveway locations on Class C, D and E roads. 

[10]  Arterial, collector and Class D local roads that will connect to nonplatted areas pursuant to a Town plan for future roads shall be laid out and built to the border of the platted area with a temporary cul-de-sac located at the boundary line of the plat. Road locations shall have taken into account the topography of the neighboring property. Proof of notification to the neighboring property owners as to the location of the proposed road must be provided. 

[11]  Utility easement locations. 

[12]  Location of any proposed lighting. 

[13]  Stormwater management detention areas, drainage easements, upstream and downstream drainage analysis, etc., as determined by engineering analysis. 

[14]  Soil borings and percolation test site locations. 

[15]  The location of existing property lines, buildings, drives, streams and watercourses, ponds, lakes, wetlands, rock outcrops, wooded areas, and other significant features within the proposed subdivision, including monumentation. 

[16]  The water elevations of adjoining lakes, ponds or streams at the date of the survey and the ordinary high-water mark, typical stream valley cross-sections, stream channels, and flood areas from HUD or FEMA, maps and floodplain zoning maps. Ordinary high-water marks shall be verified by DNR or its designated agent. 

[17]  The contours at vertical intervals of not more than two feet for a slope less than 20% and five feet for a slope of 20% or more. Lands with slopes of 20% or greater shall be shown with cross-hatch markings or otherwise clearly indicated. Lands located in the St. Croix River Valley District with slopes of 20% or greater and lands with slopes of 12% but less than 20% shall be differentially shown with cross-hatch markings or otherwise clearly indicated. 

[18]  The location, dimensions and recordable legal description of all land proposed to be used for parks, playgrounds, open acres, buffer space, and conservation easement areas. 

[19]  Where applicable, an explanation of how development rights will transfer into the subdivided area with specific density calculations explaining the operation of the transfer and a specific designation of the source, size and number of development rights being used to increase densities in all receiving areas shown in the platted area. 

[20]  Dimensions, size and numbers of all lots. When assigning lot numbers for certified survey maps, lot numbers shall not be repeated in any quarter-quarter section or government lot. Where applicable, size shall be indicated with inclusion and exclusion of rights-of-way and areas below the ordinary high-water mark of navigable waters. 

[21]  All requests for exception to design standards must be shown and listed on the plat. 

[22]  Density calculations of subdivision and, if land is being rezoned from exclusive agriculture, identification of which farm plan election is being implemented. 

[23]  Calculations for open acres and conservation easement area calculations, where applicable. 

[24]  Proposed easement and restrictive covenants, developer-requested use terms for all conservation easements and proposed homeowner association bylaws. 

[25]  Other documents and information as required by the Town Board, Town Plan Commission, Town Attorney or Town Engineer.     

(4)    Final plats. 

(a)     If an initial final plat is not submitted for approval within 24 months of preliminary plat approval by the Town, the Town may refuse to approve the final plat. Final plats submitted for approval shall show the following information in a format that also complies with all applicable state and county requirements: 

[1]    A surveyor's certificate pursuant to § 236.21, Wis. Stats. 

[2]    Subdivision name. 

[3]    Property lines with bearings and distances, graphic scale and North arrow. 

[4]    New public roads and rights-of-way adjacent to and within the property with dedication to the Town of full ownership rights. 

[5]    The location, right-of-way widths and names of any existing roads or other public ways, easements, railroad or utility rights-of-way, and any existing access controls. 

[6]    Location and names of adjacent plats, certified survey maps, parks, and cemeteries, underscored with a dotted or dashed line, and existing zoning of adjacent parcels. 

[7]    Area of each lot shall be shown as follows: 

[a]     With applicable Town of Troy building line setback requirements shown for each lot. 

[b]     With net buildable project area, as defined by St. Croix County, listed in tabular form for each lot. 

[c]     With preexisting public road easement area included in contiguous lots and excluded from minimum lot size calculation.   

[8]    Driveway locations for Class C, D and E roadways. 

[9]    Utility easement locations. 

[10]  Arterial, collector and Class D local roads that will connect to nonplatted areas pursuant to a Town plan for future roads, laid out and built by the subdivider to the border of the platted area with a temporary cul-de-sac located at the boundary line of the plat. Road locations shall have taken into account the topography of the neighboring property. Neighboring property owners shall have been previously notified of the location of all such roads. 

[11]  Stormwater management detention areas, drainage easements, upstream and downstream drainage analysis, etc., as determined by engineering analysis. 

[12]  The location of existing property lines, buildings, drives, streams and watercourses, ponds, lakes, wetlands, and other significant features, including monumentation, within the proposed subdivision. 

[13]  The water elevations of adjoining lakes, ponds or streams at the date of the survey and the ordinary high-water mark and typical stream valley cross-sections, stream channels, and flood areas from HUD or FEMA, maps and floodplain zoning maps. Ordinary high-water marks shall be verified by DNR or its designated agent and be shown with benchmarks. 

[14]  Land areas with twenty-percent slope and lands with greater than twelve-percent slope shall be shown with cross-hatch markings or otherwise clearly indicated. Land areas with slope of 20% or greater shall be shown with cross-hatch markings or otherwise clearly indicated. Lands located in the St. Croix River Valley District with slope of 12% but less than 20% shall be shown with cross-hatch markings or otherwise clearly indicated. 

[15]  The location, dimensions and designation of all land being dedicated for parks and playgrounds or being conveyed for use as open acres, buffer space, and conservation easement areas. 

[16]  Dimensions, size and numbers of all lots. Where applicable, size shall be indicated with inclusion and exclusion of rights-of-way and areas below the ordinary high-water mark of navigable waters. 

[17]  All approved exceptions to design standards must be shown and listed on the plat. 

[18]  Areas in which further subdivision is not allowed and areas encumbered by restrictive covenants or conservation easements must be shown and listed on the plat.   

(b)     Four copies of the final plat with original signatures shall be provided. When the Town Board approves the final plat of a major subdivision, the Town Chairperson shall certify Town approval on the plat document in the space provided for that purpose, and the Town Clerk-Treasurer shall sign the certificate on the plat concerning taxes or special assessments, where no such taxes or assessments are unpaid. A copy of the final plat with the signed certificate shall be sent to the County Zoning Administrator in accordance with Subsection B(5).   

(5)    Transmission of subdivision approvals to county by Town. No certified survey map or final subdivision plat shall be approved by the Town Board until all approved exceptions to design standards, easements, covenants, developer's agreements, homeowners' association articles of incorporation and bylaws, development rights transfer requests or such other information or commitments as required by the Town have been provided in final form that is satisfactory to the Town, signed and agreed to by the owners, developers or mortgagees, as appropriate. All such signed documents shall be provided with the final plat when it is delivered to the county.   

C.     Disapprovals. When the Town Board determines not to approve a major subdivision, its reasons for denial shall be stated in the Board's meeting minutes and a copy thereof given to the applicant/developer within 10 days of Board action. 

D.     Reconsideration. A request for reconsideration of a certified survey map or plat application, or a new application that is similar to a previously rejected application in that the circumstances or conditions that caused the rejection have not changed, shall not be placed before the Plan Commission or the Town Board unless a substantial change of circumstances has occurred since last Town action on the application. A change of ownership or the passage of time without additional conditions or circumstances is not a substantial change of circumstances. 

E.      Extension of time periods. If the time for action on a plat by the Town Board is extended by agreement with or at the request of the subdivider, the Town shall notify the County Zoning Administrator of such extension. 

F.      Appeals. Any person aggrieved by the failure of the Town Board to approve a plat may appeal to Circuit Court, as provided in Ch. 236, Wis. Stats.   

§ 135-6.  Standards for all subdivisions. 

A.     No land shall be subdivided which is held unsuitable for such use by the Town Board for reason of potential for flooding, inadequate drainage, adverse soil or rock formation, severe erosion potential, unfavorable topography, inadequate water supply or sewage capability, lands being of greater suitability for another use, or any feature or circumstance likely to result in the imposition of unreasonable costs to remedy severe and avoidable problems or to be harmful to the health, safety or general welfare of the current and/or future residents of the subdivision or the community. 

B.      All subdivision of land shall be designed and constructed to adequately protect the public safety, health and general welfare and to permit the efficient provision of public services in a manner consistent with the central policy of this article. The Town Board may impose reasonable additional and site-specific requirements and conditions upon its approval of any subdivision to accomplish these objectives. 

C.     Each lot in a subdivision shall have usable access to a street or road which connects the lot to an existing public street, road or highway. 

D.     The Town shall further specify the requirements to be met in subdivisions concerning road and other improvements, such as street signs, streetlights, culverts, posts and guardrails, in Chapter 125, Article II, Road Standards, of this Code and in the developer's agreement between the Town and developer that shall be required whenever such public improvements will be dedicated to the public as part of the subdivision and development project. The cost of all public improvements attributable to the subject development activity shall be paid by the subdivider. 

E.      All new utility installations shall be completed in conformity with Chapter 149, Utilities, Article I, Installation, of this Code. 

F.      Erosion control measures during and after the construction phase shall conform to St. Croix County Land and Water Conservation Department requirements and the Wisconsin Department of Natural Resources Best Management Practice Handbook. 

G.     Subdivision design standards. (County subdivision design standards may also apply.)

All Subdivided Parcels Shall Comply With All Applicable Design Standards

Minor Subdivision

Major Subdivision Lot Size 2.5 Acres and Over

Lot Size Under 2.5 Acres

1.

Right-of-way

 

(a)

Local roads (width) (feet)

66

66

66

 

(b)

Cul-de-sac (diameter) (feet)

160

160

160

2.

Minimum adjacent driveway separation, measured from center line to center line at point where driveways connect to edge of paved Class E local road (feet)

42

42

32

3.

Paved driveway required (where required, must be paved within 2 years of occupancy)

No

Yes, but only the first 50 feet from point where driveway connects to a public road

Yes

4.

Shared driveways allowed

Yes, and shared portion must be paved

Yes, and shared portion must be paved

No

5.

Maximum front to back average lot ratio, calculated per county standards

3:1

3:1

2.5:1

6.

Minimum front lot width at right-of-way (if no cul-de-sac) (feet)

150

150

100

7.

Minimum front lot width at right-of-way (if on cul-de-sac) (feet) Note: Width at cul-de-sac right-of-way may be reduced by an exception to design standard if the front line setback is measured from the place at which the required lot width can be found, parallel to the cul-de-sac right-of-way.

120

120

120

8.

Minimum lot width at front building line (feet)

150

150

132

9.

Setbacks. Unless waived by the Town Building Inspector, a registered land surveyor shall mark each lot's front and side minimum building line setbacks at or prior to building permit issuance.

Yes

Yes

Yes

 

(a)

Minimum front building line setback from right-of way (feet)

150

150

75 when lot frontage is on Class E local road; if not, county standard applies, if greater

 

(b)

Minimum front building line setback from paved road surface (feet) [greater of 9(a) or 9(b)]

170

170

95

 

(c)

Minimum side building line setback (feet) Note: May be reduced by an exception to design standards to 10 feet on lots 2.5 acres or less, if the distance to the nearest building on the adjoining lot is 50 feet or more; may be reduced to 25 feet on lots over 2.5 acres, if the distance between the next nearest building on the adjoining lot is 100 feet or more, all subject to 9(e) notice requirement.

50 Yes

50 Yes

25 Yes

 

(d)

Minimum rear building line setback (feet) Note: May be reduced by an exception to design standards to 10 feet on lots 2.5 acres or less, if the distance to the nearest building on the adjoining lot is 50 feet or more; may be reduced to 25 feet on lots over 2.5 acres, if the distance between the next nearest building on the adjoining lot is 100 feet or more, all subject to 9(e) notice requirement.

50 Yes

50 Yes

25 Yes

 

(e)

Where an exception to design standard is granted for a particular lot changing a side or rear setback line, an affidavit shall be recorded by the Town Clerk-Treasurer attaching to the affected adjoining lot and explaining in detail how far in from the presumptive setback line the Town Board action has moved the actual setback line. No such exception to design standards shall be granted without the consent of the adjoining landowner.

Yes

Yes

Yes

 

(f)

Corner lots must meet building line setbacks from both roads

Yes

Yes

Yes

10.

 

Town setbacks (Note: On previously recorded plats and CSMs, setbacks default to the County Zoning Ordinance setbacks if none are shown on the recorded plat or CSM.)

Yes

Yes

Yes

11.

 

Maximum number of lots on bulb of cul-de-sac

 

 

 

 

(a)

Number of lots allowed with this setback
(See Exhibit B Editor's Note: Exhibit B is included at the end of this chapter. )

3 if 150-foot setback

3 if 150-foot setback

4 if 75-foot setback

 

(b)

Number of lots allowed with this setback
(See Exhibit B)

4 if 220-foot setback

4 if 220-foot setback

5 if 110-foot setback

 

(c)

Setback selected for cul-de-sac frontage applies to entire road frontage of lot adjoining cul-de-sac

Yes

Yes

Yes

12.

 

Maximum percentage of garage entrances facing street

N/A

N/A

70%

13.

 

Flag lots permitted

Yes

Yes

No

             

    

H.     Stormwater detention/retention storage and storm runoff control for land disturbing activities. As part of the Towns regulation of subdivision activities the Town Board shall determine, with the assistance of the Town Engineer, the kind and nature of stormwater management and control devices that shall be installed by developers proposing to subdivide and develop land. 

(1)    The Town Engineer's review and approval of stormwater detention storage, retention storage, and runoff control plans shall be based on requiring the more stringent of the following standards: 

(a)     The peak runoff rate from the site after the land disturbing activity is completed shall be no greater than the peak runoff rate from the site in its natural undeveloped state. 

(b)     The peak runoff rate shall be limited to a rate prorated on the basis of the safe capacity of downstream stormwater drainage facilities as determined by the Town Engineer.   

(2)    Minimum design criteria for stormwater detention storage and runoff control shall accommodate peak flows resulting from a two-year frequency twenty-four-hour rain of 3.0 inches, a ten-year frequency twenty-four-hour rain of 4.2 inches, a twenty-five-year frequency twenty-four-hour rain of 4.7 inches and a one-hundred-year frequency twenty-four-hour rain of 6.0 inches, including winter frozen ground condition design criteria, with greater design capacity required for facilities of greater risks or hazards or where an area is in an identified flood hazard area on the Official Town or County Floodplain Zoning Map. 

(3)    Minimum design criteria for stormwater retention storage and runoff control shall accommodate peak flows resulting from a one-hundred-year twenty-four-hour rain frequency of 6.0 inches, including winter frozen ground condition design criteria, or one-hundred-year frequency back-to-back rainfall events design criteria, with greater design capacity required for facilities of greater risks or hazards or where an area is in an identified flood hazard area on the Official Town or County Floodplain Zoning Map. 

(4)    Where possible, potential and existing flood hazards shall be mitigated by new development. The Town shall require stormwater drainage facilities which may include curbs and gutters, diversions, catch basins and inlets, culverts, storm sewers, road ditches, swales, open channels, roof gutters, stormwater detention basins, stormwater retention basins, settling basins, infiltration and absorption areas, and similar measures to control, store, and pretreat stormwater runoff. 

(5)    All nonpoint source stormwater runoff pollutant constituent discharges from a site shall include pretreatment design criteria and modeling analysis calculations in conformance with Wisconsin Department of Natural Resources and other governing agency requirements and regulations utilizing Standard Engineering Practice Structural and Nonstructural Best Management Practices.   

I.       Architectural and aesthetic design standards. 

(1)    The Town of Troy contains beautiful landscapes of rolling farmland, prairie and forest. The residents of the Town of Troy have consistently and by significant majorities indicated their desire that the Town preserve its rural atmosphere and prevent the unattractive appearances and land uses of typical suburban major subdivisions in the Town. 

(2)    In part, the purpose of the setback and dimension regulations of this article is to promote more rural, as opposed to suburban, residential subdivision developments, especially with reference to discouraging development of nonclustered major subdivisions with no commonly held buffer space or open acres. Building setbacks from the road and adjacent lot building separations are important factors, especially on culs-de-sac, in creating less crowded, more rural appearing subdivisions. 

(3)    Where specific features and topography in a subdivision area allow it, exceptions to design standards on setbacks may be permitted, provided that the exception does not lessen the appearance of separation provided by the setback regulations. 

(4)    Exceptions to design standards will not be granted for awkwardly shaped, non-setback-conforming lots being created solely to allow a developer or owner the theoretical maximum number of lots allowed under the density standards of this article. 

(5)    The dwelling unit density ratios and setback design standards in this article are intended to encourage the design of major subdivisions that are more rural and less suburban in style and are taken in part from similar design standards used in other areas to create more rural appearing subdivisions. However, density ratios and dimensional design standards only partially promote attractive rural residential subdivisions that also must coexist well with ongoing agricultural operations. The location of subdivisions in relation to the use and topography of the greater parcel of land from which it is taken and the specific location of lots, roads and buildings within subdivisions are also important. 

(6)    The design standards in this section are intended to guide developer/applicants in designing and locating subdivisions so as to preserve to the greatest extent possible the natural and existing terrain, forest and conservation areas, thereby maintaining a more rural setting. Such regulations are consistent with providing for the health, safety and welfare of existing and future residents of the Town of Troy. These architectural and aesthetic design standards shall apply to all subdivision of land in the Town: 

(a)     Conservation areas such as forests, ponds, prairies and streams shall be preserved to the greatest extent possible while still allowing construction within or adjacent to these areas. 

(b)     Natural terrain shall remain unaltered except where required for roads, stormwater management, erosion control and other required infrastructure improvements. Grading, excavation and soil disturbing plans shall be explained to the Town Board and Plan Commission as part of the concept and subdivision approval process. 

(c)     Local roads may be the minimum required width unless a greater width is required for safety reasons. Rural-type Town roads without curbs are preferred. Concrete curbed roads will be allowed only when required for proper road design, as determined by the Town Engineer. 

(d)     Soil absorption fields, culverts and retention ponds are preferred over storm sewers for stormwater runoff control. Public sidewalks are not usually desired in residential subdivisions where lots are one acre or larger in size. 

(e)     Streetlights are not ordinarily compatible with the rural character of the Town. Any public streetlighting provided by the developer shall be limited to what is minimally required for safety and shall require Town approval. The Town may require developers to install special lights to minimize light pollution. 

(f)      The developer shall provide signs and monuments consistent with the design parameters of the subdivision and as required by the Town. Signs and monument design and construction shall be approved by the Town. 

(g)     Landscaped or naturally wooded center islands are normally required for all culs-de-sac. Standard fully paved culs-de-sac with no islands are not normally desirable but may be permitted, depending on considerations related to the terrain and overall design of the subdivision. 

(h)     Paths, fields, ponds, plantings, berms and other landscaping techniques should be used and may be required by the Town to maintain the rural atmosphere, to screen the subdivision and to create visual separation between adjacent land uses. 

(i)      Developers should avoid locating lots immediately adjacent to existing collector and/or arterial roads unless it can be demonstrated that existing or proposed screening will substantially lessen the visual impact of the development as viewed from existing roads. 

(j)      Developers should avoid locating rows of multistory walkout houses on the ridge tops unless well screened by existing or proposed vegetative cover. 

(k)     Lots in a major subdivision fronting on collector or arterial roads should not use such roads for public road access. Minor subdivisions on such roads shall use shared driveways for access to reduce the number of driveways entering collector and arterial roads.   

(7)    The architectural and aesthetic design standards of this Subsection I are outcome-based and are not to be construed or used as a means to prevent the subdivision and development of land. It is the obligation of a developer/applicant to explain to the Town Board and Plan Commission how the subdivision proposal complies with these standards and to explain where and why an application does not comply with these standards. Because of the impact of topography on design, the Town may allow exceptions from these architectural and design standards that the Town Board finds consistent with creating attractive rural subdivisions.   

J.       Minor subdivisions are subject to all of the same requirements and standards as are contained in this article for major subdivisions unless specifically stated otherwise in a separate part of this article.   

§ 135-7.  Standards in areas not zoned for exclusive agricultural use.

In addition to the other requirements of this article, the requirements in this section apply to the subdivision of parcels of land that were not zoned exclusive ag uses on July 1, 1999. Owners of such parcels that are also eligible to transfer development rights shall proceed with a farm plan under § 135-8 in order to apply for a permit to transfer development rights under § 135-9. Owners of such parcels also can elect to proceed under § 135-8 of this article even where no § 135-9 transfer of development rights is possible. Where no farm plan is required or requested on a nonexclusive ag zoned land, the following requirements apply: 

A.     Density ratio. The density ratio shall not exceed one dwelling unit for each 3.0 acres of area being subdivided. 

B.      Minimum lot size. 

(1)    No dwelling unit shall be located on any lot of less than 2.5 acres in size except as allowed in Subsection B(2) or C or as allowed due to an incoming transfer of development rights duly permitted under § 135-9. 

(2)    Cluster subdivision option. A subdivision design meeting all of the following requirements may be approved by the Town despite having lot sizes smaller than those required under Subsection B(1): 

(a)     Minimum lot size: one acre. 

(b)     Maximum density ratio: one dwelling unit for each three acres of area being subdivided, and included in the area of the certified survey map or plat. 

(c)     A minimum additional area of one acre per lot to serve as open acres. 

(d)     Areas that will be dedicated to the Town and used for new public roads and rights-of-way in the area being subdivided can be combined with area used for open acres to meet the required density ratio. 

(e)     Open acres in the area being subdivided shall be owned by a homeowners' association, created by the developer at the time of platting, with membership to consist of the owner(s) of each lot in the subdivision. All open acre areas shall be placed under restrictive covenants or a conservation easement in favor of the homeowners' association that permanently prevents further subdivision and protects such areas from additional residential, commercial or industrial development, in perpetuity.     

C.     Single lot split exception. Notwithstanding anything to the contrary contained in Subsection A of this section, an owner of a lot not located in a major subdivision and legally created prior to July 31, 1996, that contains an area of no less than 5.0 acres and no more than 6.0 acres may divide said lot subject to a maximum density ratio of one dwelling unit per 2.5 acres of land and with a minimum lot size of 2.0 acres. Except for Subsection B(2), all other requirements of this article shall apply to such subdivision of land.   

§ 135-8.  Standards in areas zoned for exclusive agricultural use. 

A.     Significant tracts of land in the Town are zoned for exclusive agricultural uses as part of a cooperative effort between the county, Town and participating landowners to protect farmland from claims of nuisance by nonfarm residents and to allow land so zoned to qualify for state tax credit programs available under the Farmland Preservation Program in Ch. 91, Wis. Stats. Increasing development pressure now makes it appropriate to respond in measured fashion to the increased pressure to develop land zoned exclusively for agricultural uses and purposes while avoiding the public harm that comes from excessive development in predominantly rural areas, such as increased traffic congestion, groundwater degradation, increased and uncontrolled stormwater flows and erosion, increased need for public protection and emergency services, loss of open space and residential homeowner objections to farming practices. There is also harm to the public to be reduced or avoided that is caused by a foreseeable increase in Town expenses due to the higher service requirements of residential property as compared to farm property, the cost of which is shared by all taxpayers in the Town. 

(1)    It is the stated preference of the citizens of the Town that land presently zoned exclusive ag should be preserved and kept available in its current state of development for agricultural uses and as open space. This is also consistent with the Town's Growth Management Plan which since 1992 has had the stated policy of discouraging nonfarm development in agricultural areas. Surveys conducted within the Town have directed the Town Board to act to preserve the best farmland from development while still providing the owners of the ag-zoned farmland with viable economic alternatives so as to avoid the public harm caused by the loss of irreplaceable farmland when its use changes to other than agricultural and open space uses. 

(2)    To this end, pursuant to the Town's exercise of village powers in furtherance of the health, safety and welfare of the citizens, pursuant to the Town's authority to regulate the subdivision of land as authorized by Ch. 236, Wis. Stats., and pursuant to the Town's authority to disapprove County Zoning Ordinance amendments proposing to rezone land as found in § 59.69(5)(e), Wis. Stats., and, in that way, to reduce public harm by limiting residential development driven conversion from the existing development of land for agricultural and open space uses and by regulating the size and location of subdivisions in areas now zoned for exclusively agricultural uses, all proposals to subdivide land located in the Town of Troy that was zoned exclusive ag on July 1, 1999, shall be subject to the regulations of this section in addition to all other applicable requirements and regulations on the subdivision of land.   

B.      Applicability; base map. This section applies to all applications to subdivide land in the Town of Troy for any purpose into parcels of 35 acres or less where the land was zoned exclusive ag on July 1, 1999. Ownership and size of exclusive ag-zoned parcels for purposes of this section shall be determined as of July 1, 1999. The Town Plan Commission shall develop a base map and records for this purpose, based on the official ownership and zoning records of St. Croix County. Once developed and approved by the Town Board, said map shall be presumed correct as to zoning, ownership and parcel size. 

C.     Farm plan requirement, purpose and proportionality election. 

(1)    Requirement. All owners of land located in the Town of Troy that was zoned exclusive ag on July 1, 1999, and who seek to rezone and subdivide any portion of that land into lots of 35 acres or less in size shall, either prior to or as part of the subdivision approval process, submit a farm plan for review by the Plan Commission and approval by the Town Board. 

(a)     The farm plan shall describe the plans for subdivision in adequate detail and shall include a declaration of the specific proportionality election required under Subsection C(3) herein and a declaration of any transfers of development rights planned to be made pursuant to § 135-9 herein, disclosing source and manner of use of such development rights. No farm plan shall be considered by the Town Board that attempts to use a proportionality election or to transfer development rights in a manner not permitted under this article. 

(b)     Farm plans shall be written, shall include a scale map showing the areas planned for protection and for development and shall include the full and specific development plan being proposed. Where a major subdivision is being proposed, farm plan approval shall be processed as an additional component of preliminary plat approval. Farm plans shall identify all contiguous acres owned by the landowner(s) in relationship to any lesser amount of land already subdivided or being sought to be subdivided. Farm plans shall conform to all other applicable requirements of this article. The Town shall always have the right to request additional relevant information to be provided by the landowner(s).   

(2)    Purpose. The purpose of a farm plan is to establish a farm-based program that protects the best farmable land and keeps it available for agricultural uses and to locate proposed development for nonagricultural uses in farm plan areas most appropriate for nonfarming purposes in a manner that provides the open space essential to maintaining the rural atmosphere of the Town and that can allow farming and nonfarming development to peacefully coexist. When nonfarming development of land is proposed for exclusive ag-zoned land in this way, an appropriate amount of the best farmable land shall be protected permanently under a conservation easement that ensures that only strictly limited subdivision of land or development can occur in designated farm plan areas which are then preserved for agricultural uses and/or as open space. Measured nonfarming development may then be approved only in those areas of the farm plan parcel less well suited for agriculture uses. All conservation easements developed and put in place as part of an approved farm plan shall partially or entirely prohibit further subdivision for nonagricultural development and shall maintain the availability of the subject area for agricultural and open space uses as defined in this article, except in areas of environmental sensitivity where uses may be more limited, depending on individual circumstances. 

(3)    Farm plan proportionality election. A farm plan must conform to all requirements of this article and elect one of the following development and preservation proportionality program choices: 

(a)     Forty/sixty program choice. 

[1]    Forty percent of the area in the farm plan, including the best farmable land in the plan area, shall be encumbered by a conservation easement that permanently prevents further subdivision beyond that allowed herein and preserves in perpetuity the availability of the land for agricultural uses and as open space. Within the 40% of the best farmland being placed under conservation easement, one farmette lot can be created for up to the first 12 acres of land so protected, plus one additional farmette lot for each additional full 12 acres in the area of the plan being placed under conservation easement. 

[2]    The remaining 60% of the area of the farm plan can be proposed for Town subdivision approval under a plan meeting all of the following requirements: 

[a]     Density ratio: one dwelling unit for each three acres of area being subdivided and included in the area of the certified survey map or plat. 

[b]     Minimum lot size: one acre. 

[c]     A minimum additional area of one acre per lot to serve as buffer space between residential and protected agricultural uses and/or as open acres shall be included in the sixty-percent portion of the farm plan area being proposed for subdivision. 

[d]     Area used for new public roads and rights-of-way in the sixty-percent portion of the farm plan area proposed for subdivision and included in the plat can be combined with area used for open acres to meet the required density ratio in the sixty-percent portion of the farm plan area proposed for subdivision and included in the plat. 

[e]     All open acres located in the sixty-percent portion of the farm plan area proposed for subdivision shall be owned by a homeowners' association, which shall have been created by the developer before final plat approval, with membership to consist of the owner(s) of each lot in the subdivision. All such open acre areas shall be placed by the developer under restrictive covenants or conservation easements in favor of the homeowners' association that permanently prevent further subdivision and prevent residential, commercial or industrial development in such open acre spaces, in perpetuity. New roads included as open acres in proportionate or acreage calculations shall not be included in the area conveyed to a homeowners' association.     

(b)     Fifty/fifty program choice. 

[1]    Fifty percent of the area included in the farm plan, including the best farmable land in the plan area, shall be encumbered by a conservation easement that permanently prevents further subdivision beyond that allowed herein and preserves in perpetuity the availability of the land for agricultural uses and as open space. Within the 50% of the best farmland being placed under conservation easement, one farmette lot can be created for up to the first 12 acres of land so protected, plus one additional farmette lot for each additional full 12 acres in the area of the plan being placed under conservation easement. 

[2]    The remaining 50% of the area of the farm plan can be proposed for Town subdivision approval under a plan meeting all of the following requirements: 

[a]     Density ratio: one dwelling unit for each three acres of area being subdivided and included in the area of the certified survey map or plat. 

[b]     Minimum lot size: 2.5 acres. 

[c]     New roads and public rights-of-way installed in the subdivision shall be designed and laid out to best separate and serve as a visual and spatial transition area between the subdivided areas and protected agricultural use and/or open space areas. No commonly owned area encumbered by restrictive covenants or owned by a homeowners' association is required, unless a homeowners' association will be required for management and maintenance of stormwater management and/or erosion control facilities located in the platted area. 

[d]     In addition to the setback requirements established in this article, in the area being proposed for subdivision under this proportionality election, houses shall be located on lots adjoining such road/separation areas to be as far from the protected agricultural use and open space areas as possible to further minimize the impact of said houses on agricultural uses in protected areas.         

D.     Standards for all farm plans. 

(1)    Farmette lots created pursuant to any farm plan approved by the Town Board shall not be further subdivided for any purpose at any time, except as allowed under § 135-9 of this article. 

(2)    In farm plan areas going under conservation easement and being divided into farmette lots, homeowners' associations are required only where necessary to provide for the management and maintenance of stormwater management and/or erosion control facilities serving more than one such lot in the conservation easement area. 

(3)    Landowner(s) whose farm plans are approved by the Town Board shall execute and deliver the conservation easement(s) prior to Town approval of a certified survey map or preliminary plat as to all farm plan areas being so protected. Said conservation easement shall restrict all future subdivision other than for farmette lots as allowed under the applicable proportionality election or as may be allowable under an incoming transfer of development rights. 

(4)    All subdivision activities shall strictly conform to the farm plan approved by the Town Board. Any proposed changes to an approved farm plan shall meet all requirements of this article and shall be approved by the Plan Commission and Town Board prior to implementation. The Town Board and Plan Commission can reconsider approval of a farm plan program choice and subdivision plan at the owner's request or on their own motion only until the required conservation easement has been recorded. Once conservation easements are recorded, the proportionality election in a farm plan becomes irrevocable. 

(5)    The requirement of a farm plan when subdivision and rezoning are being proposed for land zoned exclusive ag is in addition to the other requirements of this article and any other Town ordinance. 

(6)    The Town shall hold a farm plan conservation easement in trust for the landowner and shall not record it until any necessary rezoning associated with the development of farm plan area has been completed by St. Croix County. 

(7)    Conservation easements shall be in favor of and enforceable by the Town, shall be drafted by the Town Attorney and shall be executed by all current owners of the encumbered land, approved by all affected mortgagees, and entered into by any person or entity with whom or which the owners have entered into any agreement for the sale of any land included in the farm plan or who or which holds an interest in the land that is affected by the easement. 

(8)    Conservation easements conveyed to the Town pursuant to this article shall be held in trust and in perpetuity by the Town and/or by other units of government or eligible public agencies, nonprofit organizations or land trusts, to whom the Town Board may by agreement transfer enforcement rights, but always for the benefit of Town citizens and the greater public. Conservation easements held by the Town shall be managed, administered and enforced by the Town. No conservation easement enforcement rights shall be transferred by the Town to any other unit of government, public agency, nonprofit organization or land trust except by action of the Town Board. 

(9)    An owner of property zoned exclusive ag who builds a dwelling or creates a lot on land zoned exclusive ag and as authorized by § 17.14(1)(b) of the St. Croix County Zoning Ordinance need not prepare and submit a farm plan at the time Town approval is sought for any related subdivision activity, but the amount of acreage included for future farm plan purposes shall include all such land, and the area to be protected under any future farm plan shall be calculated based on the remaining farm area plus any such lot(s).   

E.      Where land zoned exclusive ag on July 1, 1999, and belonging to different owners is combined into a single farm plan, all landowners involved shall provide the Town with a written agreement to comply with all duties owed to each other in order to comply with the farm plan requirements submitted with their farm plan proposal. 

F.      Landowners who submit a farm plan that fully conforms to this article, who obtain approval of the farm plan by the Town Board and who seek a positive recommendation from the Town for county rezoning in accord with the approved farm plan and/or who request Town subdivision approval based on the specific terms of an approved farm plan shall receive a positive rezoning recommendation from the Town and Town approval of an application for subdivision of land in conformity with the farm plan under all but the most unusual circumstances. While this is not to be construed as a release by the Town of its obligation to exercise good judgment on behalf of the citizens of the Town by independently deciding on such requests, a plan to rezone and subdivide in conformity with an approved farm plan and the other requirements of this article is consistent with the central policy of this article in all but the most unusual of circumstances.   

§ 135-9.  Transfer of development rights (TDR). 

A.     Purpose. The transfer of development rights program is established to facilitate the voluntary, market-driven and permanent preservation of the best farmable land in the Town of Troy by allowing owners of such parcels to transfer development rights from their best farmable land to areas better suited for residential development; to preserve land from which development rights are transferred in perpetuity for agricultural uses and as open space; to preserve such land by allowing other land better suited for residential subdivision to be developed at greater densities by transferring development rights from agricultural areas to more suitable areas for which subdivision is proposed; and in this fashion to guide residential development to areas more appropriate for it and away from the best farmable land. The Town hereby establishes this program by which approved transfers of development rights can be made as authorized by permit issued by the Town Board of the Town of Troy. 

B.      Definition of terms. For purposes of this section, and such other areas of this article as may be necessary to implement this section, certain words or phrases used herein are defined as follows: 

DEVELOPMENT RIGHT — The ability under this article to subdivide a parcel of land in a manner meeting the required density ratio for one dwelling unit, as established by the density ratio in effect for that particular parcel following any required farm plan election.  

INTRAFARM TRANSFER — A transfer of development rights where the sending and receiving areas involved in the transfer are parcels included in the same previously approved farm plan, including an approved proportionality election under § 135-8C(3).  

RECEIVING AREA — A parcel of land in the Town to which development rights are transferred pursuant to a Town permit.  

SENDING AREA — A parcel of land in the Town from which development rights are removed for transfer to another area in the Town or to be held for transfer at a later time.  

TRANSFER OF DEVELOPMENT RIGHT — The permanent removal, receipt or holding of development right(s) when approved by the Town Board and authorized by Town permit.  

C.     General program requirements. 

(1)    All transfers of development rights affecting land in the Town of Troy require a permit from the Town Board, which permit shall attach to the sending and receiving parcels of land, be recorded and constitute an enforceable interest in land. 

(2)    Each dwelling unit added to a receiving area in excess of the applicable density ratio for the receiving area requires the incoming transfer of one development right. 

(3)    Development rights transferred into a receiving area cannot more than double the dwelling unit density ratio that would otherwise apply. 

(4)    Lots created by transfer of development rights into the sixty-percent area of a 40/60 farm plan do not require creation of open acres beyond what was required before the incoming transfer of development rights. For each such lot so created, one acre may be subtracted from the quantity of open acres that would otherwise be required under this article, so long as the density ratios in Subsection E of this section are still met. 

(5)    Dwelling unit densities used to determine the number of development rights available for sending and/or receiving areas are those in effect following all farm plan proportionality elections and plan approvals for the affected parcels. 

(6)    Development rights transfer on a 1:1 basis under the sending and receiving areas' density ratios in effect after all related farm plan approvals. Thus, the development right available from one farmette lot transfers one development right elsewhere even though the lot to which the development right will be transferred may be smaller than the farmette lot from which it came. 

(7)    Development rights can be transferred from a designated sending area only if the receiving area lots into which the development rights will be transferred are no larger than would have been allowed under the farm plan proportionality election applicable to the designated sending area. 

(8)    Parcels not zoned exclusive ag are eligible for a TDR permit only if: 

(a)     The parcel is 35 acres or more in size; 

(b)     The parcel contains areas of prime farmland of sufficient quantity that its preservation will advance the central policy of this article; 

(c)     The parcel is the subject of an approved farm plan under § 135-8 of this article that establishes the number and location of development rights available for transfer; and 

(d)     The parcel will be involved in an intrafarm transfer.   

(9)    Intrafarm transfers of development rights are only permitted if development rights will be transferred from farm plan areas required to be placed under conservation easement to farm plan areas where more dense subdivision is allowed. 

(10)  Intrafarm transfers may operate to remove additional development rights from areas already encumbered by a conservation easement. When this occurs, another conservation easement shall be recorded to implement the further outgoing transfer of development rights. 

(11)  No permit shall be issued for the incoming transfer of development rights that would create a situation where combined lot or dwelling unit densities will exceed the requirements of this article, St. Croix County ordinances or state requirements.   

D.     TDR permit. No transfer of development rights affecting land in the Town of Troy shall be permitted without the landowner having first applied for and received a permit from the Town. 

(1)    Sending development rights. The owner of land in the Town proposing to transfer development rights from a sending area shall apply for a Town permit by submitting an application for review and recommendation by the Plan Commission and for action by the Town Board containing all of the following information: 

(a)     Identity of all sending area owners, developers and mortgagees; 

(b)     An approved farm plan covering the sending area; 

(c)     For parcels not zoned exclusive ag on July 1, 1999, verification, in a manner acceptable under standard soil science methods in effect at the time of permit application, of the amount, type and location of prime farmland in the subject parcel; 

(d)     Legally sufficient description for property to be placed under conservation easement when development rights are transferred from it; 

(e)     Density calculation, quantity and location of development rights being proposed for transfer; 

(f)      Density calculation, quantity and location of development rights that will remain following the transfer; 

(g)     Legally sufficient description of the receiving area where the development rights will be transferred or a statement that the development rights will be held for later transfer, and identification of all proposed holders or receiving area owners and mortgagees; 

(h)     A statement explaining how the central policy of this article will be served by making the proposed transfer of development rights; and 

(i)      Such other or further information as the Town Plan Commission, Town Board, Town Engineer or Town Attorney shall require.   

(2)    Receiving or holding development rights. An individual or entity proposing to hold development rights or all owners of land in the Town proposing to receive development rights shall make application for a Town permit authorizing such holding or incoming transfer by submitting to the Town Board, for review and recommendation by the Plan Commission and for action by the Town Board, the following information: 

(a)     Identity of all proposed holders or receiving area owners, developers and mortgagees; 

(b)     An approved farm plan covering all current or future receiving areas; 

(c)     Density calculation showing dwelling unit density in the receiving area prior to and after the development rights transfer being proposed and an explanation of how densities and lot sizes after receipt of development rights will meet the requirements of this article; 

(d)     A statement explaining how the central policy of this article will be served by making the proposed transfer of development rights; and 

(e)     Such other or further information as the Town Plan Commission, Town Board, Town Engineer or Town Attorney shall require.     

E.      Densities allowed pursuant to transfer of development rights. In a receiving area where subdivision is being proposed the acreage to dwelling unit ratio may be increased by transfer of development rights as follows: 

(1)    On the sixty-percent area of a 40/60 farm plan or the fifty-percent area of a 50/50 farm plan proposed to be more densely subdivided, and if the lots or dwelling units will be served by individual wells and septic systems, the density ratio in the receiving area shall be no less than 1.5 acres per dwelling unit, and each individual lot shall have a minimum size of one acre. 

(2)    On the sixty-percent area of a 40/60 farm plan or the fifty-percent area of a 50/50 farm plan proposed to be more densely subdivided and if the lots or dwelling units will be served by municipal or equivalent private water and waste treatment facilities, the density ratio in the receiving area shall be no less than 1.50 acres per dwelling unit, and each individual lot shall have a minimum size of .25 acre. The Town Engineer shall determine municipal equivalence for purposes of this requirement. 

(3)    On the forty-percent area of a 40/60 farm plan or the fifty-percent area of a 50/50 farm plan proposed to be less densely divided on which a conservation easement is required pursuant to § 135-8 of this article and unless development rights are being moved in an intrafarm transfer, limited additional development rights may be transferred into said area up to a maximum density ratio of one dwelling unit per six acres, and each individual lot shall have a minimum lot size of one acre if such dwelling units will be served by private wells and septic systems. 

(4)    On the forty-percent area of a 40/60 farm plan or the fifty-percent area of a 50/50 farm plan proposed to be less densely divided on which a conservation easement is required pursuant to § 135-8 of this article and unless development rights are being moved in an intrafarm transfer, limited additional development rights may be transferred into said area, up to a maximum density ratio of one dwelling unit per six acres, and each individual lot shall have a minimum lot size of .25 acre if such dwelling units will be served by a municipal system or an equivalent private water and waste treatment facility. The Town Engineer shall determine municipal equivalence for purposes of this requirement. 

(5)    Where subdivision activity is being proposed and a municipal system or an equivalent private water and waste treatment facility will serve the area to be subdivided and where said system or facility is determined by the Town Engineer to be suitable and have adequate capacity for single-family, multifamily or other high-density residential development, the minimum lot size established herein may be waived by the Town Board after receiving the positive recommendation of the Plan Commission and if the applicable density ratio remains unchanged.   

F.      Criteria for issuing TDR permits. In acting on TDR permit applications the Town Board shall apply the general program requirements of Subsection C and the following criteria: 

(1)    There must be discernable economic benefit for the owners of both the sending and receiving areas as a result of the transfer. 

(2)    Only land zoned exclusive ag on July 1, 1999, and parcels 35 acres or more in size that are not so zoned but that contain areas of prime farmland of sufficient quantity that its preservation will advance the central policy of this article can send development rights. 

(3)    Land zoned exclusive ag on July 1, 1999, can receive development rights where the central policy of this article and the purposes of the TDR program are served by the incoming transfer. 

(4)    Receiving areas shall not be located on prime farmland unless the receiving permit applicant demonstrates that the purposes of this program are better served as a result of the transfer being proposed. 

(5)    Areas zoned conservancy cannot receive development rights. 

(6)    Development rights shall not be transferred into previously created outlots or major or minor subdivision lots. 

(7)    All the design standards and other criteria of this article apply to the receiving area as it is platted and the plat or CSM is processed by the Town.   

G.     Delivery and recording of TDR permits and conservation easements. 

(1)    Removing development rights from sending area. 

(a)     A conservation easement in favor of and enforceable by the Town shall be executed and recorded to remove development rights from sending areas by prohibiting further subdivision and residential, commercial or industrial development on the affected area, in perpetuity. The conservation easement shall be drafted by the Town Attorney, shall contain restrictions in compliance with this article and shall be executed by all current owners of the encumbered land, approved by all affected mortgagees and entered into by any person or entity with whom or which the owners have entered into an executed purchase agreement. Parties who acquire such interests after the easement is delivered to the Town but before it is recorded shall also execute the conservation easement. The owner(s) shall disclose this requirement to such parties, shall promptly report such transfers of interest to the Town Clerk-Treasurer in writing and shall cause such parties to execute any such conservation easement. The grant of a conservation easement executed by all such parties is a condition of Town final plat approval and of the issuance of any permit for the transfer of development rights from a sending area. 

(b)     The conservation easement is effective upon delivery and shall be recorded immediately following completion of any necessary related rezoning activity by St. Croix County. 

(c)     The TDR permit affecting the sending area being encumbered by a conservation easement shall be separately issued and recorded by the Town at or before the recording of the conservation easement.   

(2)    Transferring development rights to receiving area. 

(a)     A Town permit to transfer development rights to a designated receiving area shall be separately issued in recordable form at the time of Town approval of the final plat or certified survey map to which the development rights are being transferred. 

(b)     The TDR permit shall be recorded contemporaneously with the final plat or certified survey map and shall serve to authorize the subdivision of land at densities greater than what would otherwise be allowed under this article.   

(3)    Holding development rights. A Town permit for holding development rights not being immediately transferred to a receiving area shall be issued contemporaneously with the recording of the conservation easement removing the development rights from the sending area. A TDR permit to hold development rights does not need to be recorded. Separate Town approval of a TDR permit to transfer development rights being so held into a receiving area must be sought at the time the rights are planned for use on a specific parcel of land.      

§ 135-10.  Letter of credit. 

A.     Requirement. If the public facilities, roads and improvements required by the Town under Town ordinances or pursuant to a developer's agreement with the Town have not been fully installed by the time a plat is submitted for preliminary plat approval, the developer shall file with the Town Clerk-Treasurer an irrevocable letter of credit in favor of the Town in an amount sufficient to fund and guarantee the performance of the developer's obligations and make payment for any and all work to be performed by the developer pursuant to this article or such developer's agreement. The irrevocable letter of credit shall be in a form approved by the Town Attorney and shall be in an amount, as determined by the Town Engineer, equal to 120% of the estimated cost of completing such public facilities and improvements as are being required and/or inspected by the Town, including all improvements for which the Town will have future responsibility for maintenance or repair. The developer's agreement shall determine when the letter of credit will be released and may contain provisions for periodic reduction in amounts so held as work progresses, but always under terms that fully protect the Town's interests at the time. Town ordinances also exist requiring developers to pay certain costs of the Town incurred in application review and inspection, to deposit funds with the Town for this purpose and requiring that developer's agreements be entered into with the Town.[2] 

B.      Drawing upon the letter of credit. If at any time the developer is in default under this article in any aspect of its developer's agreement with the Town; or the developer does not complete the installation of its improvements within the time established in the developer's agreement, unless otherwise extended by agreement or action of the Town Board; or the letter of credit on file with the Town is dated to expire in the next 60 days and has not been extended, renewed or replaced and delivered to the Town by the developer; or the developer otherwise fails to maintain the letter of credit in the amount approved by the Town Engineer and agreed to in the developer's agreement to pay the costs of improvements in the subdivision, then the developer shall be deemed to be in violation of this article, and the Town Board shall have the authority to draw upon the letter of credit. In that event the lending institution providing the irrevocable letter of credit shall pay to the Town all amounts requested and available for payment under the irrevocable letter of credit. If the irrevocable letter of credit cannot be paid to the Town upon demand, whether in whole or in part, the Town shall be empowered, in addition to its other remedies and without notice or hearing, to impose a special charge for the amount of said completion costs upon each and every lot in the development, payable with the next succeeding tax roll.   

§ 135-11.  Conditions for Town acceptance of improvements.

The Town's acceptance of all proposed public facilities or improvements, its approval of all stormwater management or other facilities for which private homeowners' associations will assume responsibility and the proper construction and installation thereof shall be contingent on concept plan, preliminary plat, final plat and/or certified survey map review and approval, on the entry of Town and landowner into a developer's agreement, on the project passing all necessary inspections and on compliance with the appropriate recommendations by the Town Engineer. All costs and expenses incurred regarding the Town Engineer's oversight of such development projects shall be borne by the landowner and developer. 

§ 135-12.  Exceptions to design standards. 

A.     Because subdivision dwelling unit density ratios, lot size standards and the amount of acres required to be protected as open acres or under conservation easement are central to the regulations of subdivision design in the Town, no application for exceptions to design standards to the density, lot size, open acre or conservation easement area requirements in this article will be considered or approved except as specifically authorized in § 135-9 of this article. 

B.      An applicant may petition the Town of Troy for exceptions to design standards as to the other regulations contained in this article. 

C.     Criteria used in considering requests for exceptions to design standards shall include but not be limited to: 

(1)    Consistency of proposed exceptions to design standards with policies underlying the subdivision standards of this article and other relevant policies and ordinances of the Town. 

(2)    Effect of proposed exceptions to design standards on surrounding property values. 

(3)    Effect of proposed exceptions to design standards on the neighborhood, pedestrian and vehicular traffic and general safety of Town residents. 

(4)    Mitigating topographic features of specific area in which the exception is requested, measured against policies and requirements of this article. 

(5)    Where conveyance of land for public purposes will result in otherwise substandard lots.     

§ 135-13.  Violations and penalties.

Any activity which fails to meet the requirements of this article or that violates state statutes shall be a violation of this article regardless of knowledge of or intent to violate and shall subject the party or parties responsible for noncompliance to an action for an injunction requiring that the condition constituting the violation be ceased or cured and that remedial actions to achieve compliance be undertaken and/or a forfeiture in an amount as set by the Town Board, plus actual costs of prosecution. The amount of the forfeiture shall be as set forth in Chapter 39, Citations. Each day during which such violation exists is a separate offense. In addition, the Town Board may order an assessor's plat pursuant to the provision of § 70.27, Wis. Stats., at the expense of the subdivider whenever the conditions specified in that section are found to exist. No building permits shall be issued concerning any lot created in violation of any requirement of this article.  

ARTICLE II

Fences

[Adopted 8-12-1980 by Ord. No. 80-1]

§ 135-14.  Applicability.

This article applies to all land subdivisions which the Town Board of the Town of Troy is required to pass upon and approve by virtue of state law [§§ 236.02(8) and 236.10, Wis. Stats.], by virtue of the St. Croix County Subdivision Ordinance, or by virtue of Article I, Subdivision Regulations, of this chapter or other ordinances. This article applies to land subdivisions which are brought for Town approval after the effective date of this article. It does not apply retroactively to previously approved subdivisions. 

§ 135-15.  Fence required where subdivision area abuts farmland. [Amended 7-13-1987]

Unless specifically waived by the Town Board in the course of its review of a land subdivision, it shall be a mandatory condition for all subdivisions that the subdivider construct a legal fence (as defined in § 90.02, Wis. Stats.) along all portions of the perimeter of the subdivision area that abut farmlands or lands on which farm animals are kept. Such fence shall be competently constructed and shall be completed prior to the sale of any lots in the subdivision. 

§ 135-16.  Maintenance of fence.

Such fence shall be maintained, repaired or rebuilt as conditions warrant, so long as the lands adjoining such fence are in farm use or in a use which involves the keeping of farm animals. Sections 90.10 and 90.11, Wis. Stats., shall govern compulsory repairs and costs of repairs of such fences. Partitioning of the cost of maintenance of such fences shall be governed by § 90.05(2), Wis. Stats., under which an undivided 1/2 of the fence is maintained by the owners of the adjacent nonsubdivided lands and 1/2 is maintained by the owners of the adjoining subdivided lands with the cost divided among them in equal shares. 

§ 135-17.  Notation on map or plat.

The subdivider shall make a notation on the face of the certified survey map or final plat to the effect that the perimeter fence is one governed by this article and that the owners of the adjoining lots share in maintenance responsibilities in order to put lot purchasers on notice.  

ARTICLE III

Developer's Agreement

[Adopted 6-8-1998 by Ord. No. 98-1; amended in its entirety 5-12-2003]

§ 135-18.  Purpose and authority. 

A.     This article is enacted to ensure that public improvements that are proposed to be made in the Town of Troy due to proposed subdivision and land development activity will be designed and constructed in conformity with Town, county and state laws by requiring that developers agree to design and install public improvements at the developer's expense and in conformity with all applicable governmental regulations, that adequate provisions are made by the developer for the future maintenance of stormwater management and erosion control devices by benefited landowners, and that the health, safety and welfare of Town residents and taxpayers are not unnecessarily affected by subdivision and development activity in the Town. 

B.      Accordingly, and under the authority of the Town under §§ 60.10(2)(c), 61.34, 61.35, 62.23, 236.13, and 236.45 and the remainder of Ch. 236, Wis. Stats., the Town Board of the Town of Troy does hereby ordain that anyone proposing to create parcels of land in a manner that will result in the subdivision of land as defined by § 236.02(12), Wis. Stats., or in Article I, Subdivision Regulations, of this chapter or that will result in the creation of a certified survey map (CSM) as defined and regulated by § 236.34, Wis. Stats., or in Article I, Subdivision Regulations, of this chapter shall enter into a developer's agreement with the Town as a condition of the Town's preliminary plat or CSM approval and in accordance with the requirements of this article and Article I, Subdivision Regulations, and Article IV, Recovery of Town Costs, of this chapter.   

§ 135-19.  Circumstances under which agreement is required.

Anyone proposing to create a certified survey map or a subdivision in the Town of Troy shall enter into a developer's agreement with the Town if the development being proposed will create or affect public improvements, whether already built or proposed to be built and dedicated to the Town, or if erosion control or stormwater management devices will be permanently installed and drain or affect stormwater drainage from areas other than the individual lot on which such devices will be located. 

§ 135-20.  Components. 

A.     The developer's agreement shall identify all individuals or business entities holding an ownership interest in the subject property or holding an interest under an executed purchase agreement at the time the developer's agreement is executed. The developer's agreement shall also be executed and acknowledged by current and known future mortgagees and shall be binding on the successors and assigns of the named developers, owners and mortgagees. 

B.      The developer's agreement shall contain a full and accurate description of the area being subdivided. 

C.     The developer's agreement shall address all exceptions to design standards being sought or being granted by the Town and affecting the area being subdivided. 

D.     The developer's agreement shall require that an irrevocable letter of credit be posted with and in favor of the Town if all public improvements called for in the plat or CSM are not fully installed and accepted by the Town by the time a plat receives preliminary plat approval or when a certified survey map is finally approved. The developer's agreement shall address whether and when said irrevocable letter of credit can be released and shall further require the developer to take all steps necessary to maintain the letter of credit in the Town's possession and not to allow it to expire. 

E.      The developer's agreement shall disclose and confirm relevant details regarding the developer's insurance, warranties, continuing maintenance requirements and responsibilities and other contracts and agreements affecting the subject property. 

F.      Where any platted area in a subdivision or CSM will serve as open or buffer space and be jointly maintained and controlled by the owners of the platted lots or where erosion control or stormwater management devices will be installed in the area being subdivided that will require ongoing maintenance, the developer's agreement shall require that a homeowners' association be created with membership on an equal basis of all platted lots not commonly owned and on an equal basis, that association bylaws be developed and that a restrictive covenant or other perpetual, binding legal device be employed that will create, administer and enforce the collective responsibilities of the individual members of said homeowners' association concerning commonly held areas and/or erosion control or stormwater management devices. 

G.     A developer's agreement shall contain measures to protect the investments and expectations of existing and future lot owners against unilateral changes in the organizational or governing documents of a homeowners' association by a developer so long as the subject area is under the developer's control by requiring advance Town approval of material changes to the homeowners' association bylaws or restrictive covenants from the time the developer's agreement is executed until a majority of the lots are conveyed to individual homeowners. 

H.     The developer's agreement and its exhibits shall contain information regarding the nature, extent, design, construction, quantity, location and other relevant characteristics, in such detail as requested by the Town, concerning all planned public infrastructure improvements, including but not limited to sanitary sewer service, water service, public ways and roads, suggested speed limits, culs-de-sac, intersections and road connection, stormwater and erosion control measures, parks, berms, plantings, ponds, streams, paths, lighting, monumentation, outbuildings and all other public improvements that may be proposed by a developer or required by then existing state, county or Town statutes, regulations or ordinances. 

I.       The developer's agreement shall contain the developer's representation concerning intended subdivision design standards and home price ranges and its agreement to maintain such standards through buildout of the subdivision. 

J.       The developer's agreement shall address the timing of joint driveway paving, shall require shared maintenance agreements concerning shared driveways and shall address the control and removal of debris and rubbish during initial construction on lots being created. 

K.     The developer's agreement shall refer to or include as exhibits the following information: 

(1)    Preliminary plat; 

(2)    Final plat, to be added once approved and recorded; 

(3)    Road design and construction plans; 

(4)    Stormwater calculations and plans; 

(5)    Irrevocable letter of credit (photocopy); 

(6)    Construction schedule with cost estimates for all earthmoving and public improvements, to be replaced by the developer with accepted bid amounts as soon as available; 

(7)    Homeowners' association articles of incorporation and bylaws, where required; 

(8)    Homeowners' association and any other restrictive covenants, where required; 

(9)    Copies of the documents officially creating any developer business entity that holds or will hold title to the property while the plat or CSM lots are initially developed and/or built; 

(10)  Conservation easements, where required; 

(11)  Town permits for any incoming transfer of development rights that will operate to create greater dwelling unit densities in the subject subdivision than would be allowed under Article I, Subdivision Regulations, of this chapter without a transfer of development rights; and 

(12)  Other project-related information as required by the Town.   

L.      The developer's agreement shall require the developer to pay all of the Town's professional fees and expenses related to the developer's agreement. 

M.     The developer's agreement may also address areas not included in this article or otherwise expressly required by law but that are nonetheless mutually agreeable to the developer and the Town and which promote the public health, safety and welfare of the residents and taxpayers of the Town of Troy. A developer's refusal to agree to such items if requested by the Town shall not serve as the sole basis for rejection of a plat or certified survey map by the Town.   

§ 135-21.  Time frame for execution and delivery of agreement. 

A.     For a major subdivision, the developer's agreement shall be executed and delivered to the Town Board prior to preliminary plat approval. 

B.      For certified survey maps, the developer's agreement shall be executed and delivered to the Town Board prior to its final approval of said map. 

C.     Failure to execute and deliver a developer's agreement to the Town within 90 days of the time of valid submission of an application to the Town Board for CSM or preliminary plat approval shall be grounds for rejection of said application by the Town unless the time is extended by written agreement with the developer.   

§ 135-22.  Violations and penalties. 

A.     Anyone commencing the construction of any public improvements in an area for which preliminary plat approval has been requested and anyone causing or attempting to cause a plat or a certified survey map to be recorded without first executing a developer's agreement with the Town shall pay a forfeiture in an amount as set by the Town Board plus the Town's legal fees and costs of prosecution. The amount of the forfeiture shall be as set forth in Chapter 39, Citations. Each day during which such violation exists constitutes a separate offense. Noncompliance with this article shall also constitute grounds for any injunction or other appropriate action or proceeding to stop a violation of any provision of this article. No building permit shall be issued for any lot in any area for which a developer's agreement is required and has not been executed by all required parties. These penalties are in addition to any other penalties provided by law. 

B.      A developer's unilateral and material change of any portion of a homeowners' association governing document or restrictive covenants in a manner that has the potential to adversely affect the aesthetic, value or other expectations of current or future lot owners other than those of the developer shall constitute grounds for the Town to withhold further building permits in the subdivision affected until the change has been removed or modified to the satisfaction of the Town.    

ARTICLE IV

Recovery of Town Costs

[Adopted 6-8-1998 by Ord. No. 98-2; amended in its entirety 5-12-2003]

§ 135-23.  Findings, purpose and authority.

The Town Board finds that as land development activity in the Town continues, residential densities increase and farming activity continues, it is increasingly important to acquire ongoing access to and services of competent planning, engineering and legal professionals with the technical expertise needed to best evaluate the effect of proposed subdivision activity in the Town on the health, safety and welfare of Town residents and on area farming activities and the impact of said proposals on existing residences, farms, businesses and on Town infrastructure and public facilities. The Town Board of the Town of Troy also finds that it is necessary and appropriate to require fees to defray the Town's initial and continuing administrative costs associated with nonfarming development and to offset as fully as possible the costs of professional fees and charges associated with independent, adequate and meaningful review on behalf of the Town of such land development and subdivision activity and to shift the Town's cost of regulating such activities to the developer. For these reasons, and pursuant to the authority set forth in §§ 60.10, 61.34, 61.35, 62.23 and 236.13, Wis. Stats., the Town Board hereby comprehensively amends Town Ordinance No. 98-2, as stated herein. 

§ 135-24.  Payment of application and review fees required.

All landowners, developers or agents of either proposing to undertake any activity regulated by Article I, Subdivision Regulations, of this chapter shall pay application fees and review fees to the Town as required and established under this article. 

§ 135-25.  Determination of fees. 

A.     Initial application fee for subdivision activity requiring Town Board approval. The purpose of the application fee is to cover some of the Town's initial administrative costs and costs of review by the Plan Commission, Park Board and Town Clerk-Treasurer. At the time of first application for Town Board approval of any farm plan, concept plan, certified survey map (CSM), or preliminary plat or an application to transfer development rights (TDR), if not connected with a related plat or CSM approval application, the developer shall pay an application fee in the amount specified in the Platting and Subdivision Fee Table. The Platting and Subdivision Fee Table shall be approved by the Town Board when this article is enacted. The Fee Table may be separately reviewed and revised by Town Board resolution on an annual basis. The Platting and Subdivision Fee Table is on file with the Town Clerk-Treasurer. 

B.      Professional review fees. 

(1)    The developer shall also pay professional review fees equal to the actual cost to the Town for fees and disbursements incurred by it for professional review of any farm plan, concept plan, preliminary plat, final plat, certified survey map or separate application to transfer development rights. “Professional review” is the independent review of such plans or proposals on behalf of the Town by its employees, agents and consultants, including, without limitation by way of enumeration, planners, engineers, surveyors, attorneys and any other professional employees or consultants consulted by the Town with respect to consideration of subdivision-related activity. Professional review activities for which the developer is responsible include but are not limited to the following: 

(a)     Initial and continuing review of farm plans, concept plans, TDR applications, preliminary plats, final plats or certified survey maps and associated engineering plans and specifications. 

(b)     Inspection of the site and public improvements, stormwater management and erosion control devices as and after such improvements and devices are constructed. 

(c)     Drafting or other preparation of any written opinions, advice and suggestions related to or necessitated by the developer's subdivision proposal and related activities. 

(d)     Drafting and preparation of any ordinances, resolutions, contracts, agreements and other documents with respect thereto. 

(e)     Attendance by the Town's professionals as requested at public meetings or hearings and telephone and actual conferences with them. 

(f)      Any other professional services and disbursements charged to the Town and necessitated by the developer's submission of a farm plan, concept plan, TDR application, preliminary plat, final plat or certified survey map and/or the related construction of public improvements and stormwater management, erosion or sediment control measures by the developer.   

(2)    At the time the developer first submits a farm plan or concept plan or application for Town approval of TDR, preliminary plat, final plat or certified survey map, whatever is first submitted with reference to a specific development project, the developer shall deposit with the Town Clerk-Treasurer the professional review deposit amount then required by the Platting and Subdivision Fee Table. An initial professional review fee deposit may be based on a per-lot or flat-fee basis. Amounts from the developer's deposits shall then be disbursed by the Clerk-Treasurer to pay for the Town's professional review fees and expenses as incurred by the Town on an ongoing basis. If the initial deposit amount is inadequate for such fees and expenses, the Clerk-Treasurer may require an additional deposit at any time. Later professional review fee deposits, if required, shall be set at up to 80% of the initial deposit. The Clerk-Treasurer is authorized to collect a smaller later professional review fee deposit if appropriate under the circumstances. More than one later professional review fee deposit may be required. Notice that the developer must now provide additional funds for later professional review fee deposit shall be mailed by the Clerk-Treasurer to the developer or developer's agent at least one week prior to the time the deposit is due. The Clerk-Treasurer shall report on a monthly basis to the Plan Commission and to the developer the amount on deposit for all ongoing subdivision projects and whether additional funds are being deposited as required. Failure to make an initial professional review fee deposit as required or to deposit additional professional review fees upon written request of the Clerk-Treasurer shall operate as a request by the developer for the withdrawal of the application for Town approval of the development project or activity for which professional review fees have been requested. 

(3)    Upon final Town approval of a plat or certified survey map, acceptance of all public improvements built and dedicated to the public as part of the subdivision activity and payment of all related professional review fees and expenses of the Town, any remaining professional review fee amounts on deposit with the Town shall be returned to the developer. This shall not in any way operate to prevent the Town from collecting additional professional expenses that the Town may subsequently incur that are associated with the development project or activity.   

C.     An administrative fee shall be paid to the Town to offset its ongoing administrative maintenance, review and compliance monitoring costs. The fee shall be 15% of the professional review fees for a specific project and shall be billed by the Town Clerk-Treasurer on a continuing, monthly basis. 

D.     The Town's approval of any final plat or certified survey map shall at all times be subject to and contingent on the full and prompt payment by the developer of all professional review fees and disbursements and administrative fees as required herein. If the Town incurs professional review fees and expenses that exceed the amounts on deposit or that are paid by the Town after release of the deposit, the developer shall reimburse the Town for the amounts so paid within 20 days after the Clerk-Treasurer mails a statement to the developer or developer's agent. Overdue administrative fees shall be included in the statement. If the statement is not timely paid, the developer shall be deemed to be in violation of this article and of any developer's agreement concerning the subject area. With the agreement of the developer, administrative fees due may also be deducted from amounts held under a letter of credit and not needed for the primary purpose of said letter of credit. In addition to the remedies contained or referred to in the developer's agreement, no Town permits of any kind shall be issued (including building permits) until such statement has been paid, and any Town permits already issued concerning the subject area shall be deemed suspended. If such amounts go unpaid, they may also be assessed back against all property in the plat or CSM for which review was undertaken as a special charge under § 66.0627, Wis. Stats., or from amounts being held by the Town under any letter of credit concerning the subject development project.      


[1].  Editor's Note: Exhibit A is included at the end of this chapter.

[2].  Editor's Note: See Art. III, Developer's Agreement, and Art. IV, Recovery of Town Costs, of this chapter.