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					    DANE COUNTY WISCONSIN
MODEL TRADITIONAL NEIGHBORHOOD
    DEVELOPMENT ORDINANCE

              Draft: April, 2003




                      Prepared by:
      Dane County Planning and Development
  Better Urban Infill Development (BUILD) Program
Dane County Model TND Ordinance                                         DRAFT April, 2003



                                       Acknowledgements
This model ordinance drew significant content from ordinance language prepared by HGA
Associates under contract with Dane County Planning and Development. HGA Associates
prepared a TND Ordinance for the Village of Mt. Horeb in Dane County, and modified that
ordinance for the purposes of a model Dane County TND Ordinance.

Rick Roll, in his former position as Director of Planning and Development with the City of Sun
Prairie, provided valuable direction and produced the first working draft of a TND Ordinance for
consideration.

The Smart Codes Working Group met numerous times to review draft TND Ordinances and
provide feedback. Members of the SCWG include:
Peter Frautschi     Community by Design
Bill Fruhling       City of Madison
Tom Hovel           City of Fitchburg
David Kruger        The Fiore Companies
Mike Lamb           Hammel, Green, Abrahamson
Roger Lane          City of Verona
Nick Lelack         Schrieber Anderson & Associates
Howard Licht        Held & Associates, Inc.
Brian Ohm           University of Wisconsin
Mark Opitz          City of Middleton Planning
Bill Preboski       Dane County Regional Planning Commission
Rick Roll           Schreiber Anderson Associates
Jeff Rosenberg      Midland Builders
Dave Simon          Don Simon Builders
Mike Slavney        Vandewalle & Associates
Michael Wadelich    City of Madison

Reya Reyazi, Senior Planner with the City of Columbus, provide copies of the Columbus TND
Ordinance and discussed various aspects of the ordinance with me.

Rich McLaughlin provided valuable and specific edits to the entire ordinance.

[Other acknowledgements]




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Dane County Model TND Ordinance                                            DRAFT April, 2003




Table of
Contents
INTRODUCTION TO THE DANE COUNTY M0DEL TND ORDINANCE .................. 3

1. GENERAL PROVISIONS ......................................................................……………6
1.1. Statutory Authorization ................................................……………………………..6
1.2. Applicability ................................................................………………………………6
1.3. Purpose/Intent ...….......................................................…………………………… 6
1.4. Size and Location ........................................…………………………………………7
1.5 Range of Scale and Intensity ………………………………………………….………8
1.6. Definitions ..................................................................……………………….…… 10

2. PRINCIPLES OF TRADITIONAL NEIGHBORHOOD DEVELOPMENT...........….14
2.1. Principles ...…..............................................................…………………………….14
2.2. Neighborhood Structure.....................………………………………………………..15

3. DISTRICTS AND USES .........................................………………………………….16
3.1. Districts ...................................................................……………………………….16
3.1.1 Mixed Residential District (TND-R)……………………………………………….16
3.1.2 Main Street District (TND-MS)…………………………………………………….18
3.1.3 Mixed-Employment District (TND-E)……………………………………………...20
3.2. Uses .................................................………………………………………………..20

4. PROCEDURES AND ADMINISTRATION ..........................………………………...25
4.1. Pre-application Conference .........................................……………………………25
4.2. TND General Plan…………… ....................................………………..………...…25
4.3. Development Plan…………… .....................................……………………………28

5. DEVELOPMENT REQUIREMENTS ..…………….................……………………...30
5.1. Developing a Regulating Plan …….........................………...…………………….30
5.2. Streets ......................................................................………………….………….33
5.3. Street Standards ........................................................………………………….…34
5.4. Urban Standards .......................................................……………………………..45
5.5. Civic Building and Open Space Standards ………………………………………..57
5.6 Architectural Standards ……………………………………………………………...61
5.7 Landscape Standards ………………………………………………………………..62

6. RESOURCES ...................……………………………………………………………. 63
6.1. Street Standard Documentation …………………………………………………….63
6.2 TND Ordinances Around the Country .............................................……….....….



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Dane County Model TND Ordinance                                          DRAFT April, 2003




Introduction
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
Most communities have traditional neighborhoods. They are usually found in the older sections
of cities, village and towns; especially the areas developed in the first half of the twentieth
century and earlier. These traditional neighborhoods include downtown areas, village centers,
neighborhood main streets, and predominantly residential areas near them.

Built before automobiles became the dominant form of transportation, traditional neighborhoods
were designed to allow people to access their daily needs and travel to many destinations on
foot or by bicycle, horse or streetcar. The slower speeds of these modes reduced travel
distances, requiring houses, businesses, schools, government buildings, and parks to be close
together. Narrower roads lined with buildings and shorter blocks made walking convenient and
often enjoyable while accommodating slow moving vehicles.

With increased mobility brought about by growing numbers of automobiles, living, working,
shopping and other activities became more spread out. Roads became wider and designed to
move more cars at faster speeds. Increased wealth, a baby boom, and desire for space also
contributed to the outward spread of homes and businesses. New zoning ordinances codified
the new land use patterns, requiring that housing, retail, office, manufacturing, and
civic/institutional uses be separated from each other.

Recently, however, a growing interest is emerging in the traditional form of neighborhoods.
Concern about such trends as the time and cost of driving more miles, increasing consumption
of land for development, and fewer opportunities for walking, have led citizens and public
officials to re-examine auto-dependent forms of development.

At the same time, changing demographics have led to fewer typical family households with two
parents and children at home, and a growing number of smaller households (elderly, empty
nesters, single people) looking for the amenities offered by walkable, diverse neighborhoods.
The planning, architectural and real estate communities have responded by developing new
neighborhoods that incorporate many of the amenities of traditional neighborhoods, while
accommodating automobile use.

The result is a focus of public policy and development activity on enabling development of new
traditional neighborhoods. Since the development of Seaside in Florida in the late 1980s,
hundreds of other Traditional Neighborhood Developments (TNDs) have sprouted up around
the country. Middleton Hills, a TND in Middleton, Wisconsin, was designed about 10 years ago.
Since then, additional TNDs have been approved and under development in Dane County,
including Grandview Commons and Mid-Town Commons in Madison, and Smith’s Crossing and
Providence in Sun Prairie.

TND ORDINANCES
Most modern zoning and subdivision ordinances do not allow by right many of the features that
characterize traditional neighborhoods: mix of uses, narrower streets, smaller lots and setbacks,
a wide range of housing types, and other features. Typically, zoning districts allow only one type



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Dane County Model TND Ordinance                                         DRAFT April, 2003


of use (one type of single-family home, for example), and many subdivision ordinances require
wide streets.

Many communities, including cities and villages in Dane County, also allow Planned Unit
Developments (PUDs, sometimes called Planned Development Districts, or PDDs). PUDs allow
zoning flexibility for larger developments that are designed as a single master plan. Most of the
early TNDs around the country, including the Dane County TNDs listed above, Middleton Hills,
were developed under PUD zoning.

However, while PUD zoning allows flexibility, it does not allow traditional neighborhood forms of
development by right. In many cases, developers of TNDs that use PUD still have to negotiate
specific variations from standard zoning requirements. Such negotiations add time and cost to
the process and can result in compromises that undermine the qualities that constitute
traditional neighborhoods. The PUD processes used for approval of Dane County TNDs were
lengthy and expensive.

To facilitate development of traditional neighborhoods, a number of communities are adopting
new zoning language that allows TND by right. In Wisconsin, the States “Smart Growth” law
(Chapter 66.1001) requires that all municipalities with 12,500 or more people adopt a TND
Ordinance similar to a model TND Ordinance developed by University of Wisconsin Extension.

In Dane County, four communities—the cities of Madison, Fitchburg, Sun Prairie and
Middleton—are required under State Smart Growth law to adopt TND Ordinances. Other
communities in the county have also expressed interest in TND ordinances. To assist with
development of TND ordinances, the Dane County Better Urban Infill Development (BUILD)
program, as part of its “Great Neighborhood” initiative, convened the Smart Codes Working
Group. The Working Group consists of planners, developers and representatives from the
University of Wisconsin School of Urban and Regional Planning.

The Smart Codes Working Group (SCWG) agreed on the value of developing a Dane County
model TND Ordinance. The group felt that a model TND ordinance would assist local
communities with adoption of effective ordinances, and establish a common set of rules and
standards for development in the county. This model ordinance represents the ideas and input
of the SCWG.

ABOUT THE MODEL ORDINANCE
The model TND ordinance was developed based on review of a number of TND ordinances
from around the country. In addition, the consulting firm HGA Associates was hired with a
BUILD/Great Neighborhood grant to draft a TND Ordinance for the Village of Mount Horeb to
assist them with TND development. The draft TND Ordinance for Mt. Horeb was also used
extensively as source material.

The purpose of the ordinance is to provide a guide to municipalities in Dane County and
elsewhere seeking to develop and adopt a TND Ordinance. It is not meant to be adopted in
total, but modified as needed to meet individual community needs. A model can also present
only a limited number of options for zoning language, representing the judgement of the authors
and contributors. Communities are encouraged to also explore other TND ordinances and
related sources of information.

As a guide, the model seeks to provide both suggested zoning language, and explanations
about traditional neighborhood design and TND ordinances. Suggested zoning language


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Dane County Model TND Ordinance                                          DRAFT April, 2003


represents the bulk of the model ordinance. Explanatory comments are shown in italics in the        Explanatory
right margin of the pages.                                                                          comments
                                                                                                    are shown
                                                                                                    in italics in
The model ordinance attempts to organize the contents into descriptive categories common to         the right
many TND ordinances. The contents include chapters on:                                              margin of
                                                                                                    the pages.
General Provisions, which describe the statutory authorization of TND ordinances, how they
apply to other land use codes, their purpose, the principles of traditional neighborhoods,
definitions, and some information about size and location of TNDs allowed under the ordinance.

Principles, which describes the principles of traditional neighborhoods, and illustrates how they
work together to form neighborhoods.

Districts and Uses, which describes the three TND Districts, outlines their general requirements,
and lists allowed uses.

Procedures and Administration, which details the procedures for TND zoning applications.

Development Requirements, provides the detailed development standards for streets (roads),
private buildings, and civic buildings and open spaces.

Resources, a list of resources available for preparing TND ordinances.




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