Plan Commission Meeting Agenda and Packet (PDF)

PLAN COMMISSION MEETING Monday, June 8, 2026 Video/Phone https://us02web.zoom.us/j/87863959954 1-312-626-6799 Meeting ID: 878 6395 9954 6:30 P.M. PLEASE TAKE NOTICE that a meeting of the Brown Deer Plan Commission will be held by video/phone. The public can access this meeting of the Plan Commission meeting online at the following link : https://us02web.zoom.us/j/87863959954 or via phone by dialing 1-312-626-6799 with Meeting ID: 878 6395 9954. The following items of business will be discussed and possibly acted upon: I. R oll Call II. P ersons Desiring to be Heard: Please submit your full name, address, and your comment by 4:30pm June 8, 2026, to manager@browndeerwi.org II I. Consideration of Minutes: March 16, 2026 IV . Report of Staff/Commission Members V. U nfinished Business V I. Business Items A) R eview and recommendation of a Development Agreement with Woodsonia Real Estate for a m ixed use commercial and residential building at Riverside Landing, 9044 N. Green Bay Road V II. Adjournment Caren Brustmann Caren Brustmann, Village Clerk June 3, 2026 P ERSONS REQUIRING SPECIAL ACCOMMODATIONS FOR ATTENDANCE AT THE MEETING SHOULD CONTACT THE VILLAGE CLERK AT LEAST ONE BUSINESS DAY PRIOR TO THE MEETING. BROWN DEER PLAN COMMISSION MARCH 16, 2026 MEETING MINUTES HELD IN PERSON AT BROWN DEER VILLAGE HALL & VIRTUALLY AT 1-312-626-6799 Meeting ID: 878 6395 9954 https://us02web.zoom.us/j/87863959954 The meeting was called to order at 5:02 P.M. I. ROLL CALL Present: Trustees Darryl Johnson, Jeff Woods; Commissioners : Dan Kass, Jalin Phelps, Bill Hoffmann, Jennifer Boehm Also Present: Tyler Burkart, Village Manager; Nate Piotrowski, Community Development Director Excused: President Wanda Montgomery; Commissioner s: Dylan Groshek, Jesse Greenlee II. PERSONS DESIRING TO BE HEARD None III. CONSIDERATION OF MINUTES: February 11, 2026 – Regular Meeting It was moved by Commissioner Hoffmann and seconded by Commissioner Kass to approve the meeting minutes of February 11, 2026. The motion carried unanimously. IV. REPORT OF STAFF/COMMISSION MEMBERS None V. UNFINISHED BUSINESS None VI. NEW BUSINESS A) Review and recommendation of a development agreement with 4380 Brown Deer, LLC. d/b/a 7 Brew Coffee for a drive-thru retail building at 4380 W. Brown Deer Road Mr. Piotrowski reviewed the proposal and introduced Kevin Schmoldt representing the 7 Brew franchise group. Mr. Schmoldt explained the business model and the operational aspects of the business. Commissioner Hoffmann stated that he was concerned about the lack of screening for the apartments to the north as well as along the southern edge of the drive-thru for headlights heading towards Brown Deer Road. Mr. Schmoldt stated that his engineering team was working on options such as a fence to the north and some varied landscape elements along the southern portion of the drive-thru. Mr. Piotrowski reminded the commission that they could make requirements for screening or defer such decisions to the Beautification Committee. Mr. Hoffmann asked where snow storage could exist on site. Mr. Schmoldt replied that the northeast corner parking areas would likely see limited use and could handle snow storage along with a portion of the bypass lane which was 18’ wide. Mr. Hoffmann asked if this was acceptable to staff and Mr. Piotrowski replied that it was. Trustee Woods asked about the number of employees and their parking needs. Mr. Schmoldt replied that typically each shift has 7 to 11 employees and that with overlap approximately 15 - 20 spaces could be needed. Plan Commission ___________ ___ March 16, 2026 Page 2 Commissioner Kass asked if the decibel restriction limit was lower than sound levels from vehicular noise onj Brown Deer Road. Mr. Schmoldt replied that this limit would be lower. Trustee Johnson stated that he was also concerned about the proximity of the drive -thru lanes and the residential building to the east both for disruption from the business but also if residential tenants wanted to access 7 Brew. Mr. Schmoldt noted that he will work with his design team to ensure proper screening while potentially creating a more defined access point for residents to the east and north. It was moved by Commissioner Kass and seconded by Commissioner Hoffmann to recommend approval of the development agreement to the Village Board. The motion carried unanimously. VII. ADJOURNMENT It was moved by Trustee Johnson and seconded by Commissioner Hoffmann to adjourn at 5:38 P.M. _____________________________ Nate Piotrowski, Community Development Director G:\Committees\PlanCommission\Request for Consideration\2026req\WoodsoniaRiverside_phasetwo6.8.26.doc - 1 - REQUEST FOR CONSIDERATION COMMITTEE CONSIDERATION: Plan Commission/Village Board ITEM DESCRIPTION: Review and recommendation of a Development Agreement with Woodsonia Real Estate for a mixed use commercial and residential building at Riverside Landing, 9044 N. Green Bay Road PREPARED BY: Nate Piotrowski, Community Development Director REPORT DATE: June 3, 2026 Applicable Land Use Regulation: Village Code Chapter 121-249 ANALYSIS: Woodsonia is bringing forward plans for Phase 2 of the Riverside Landing development. Included in the packet is a preliminary site concept for the overall development to help remind the commission of the general plan for the site. This phase of the project is a mixed use commercial and residential building on the lot north of Target. The development will be owned and operated by Woodsonia Real Estate and the design plan call s for 178 market rate units with a mix of studio, 1, 2 and 3 bedroom units. Additionally, there is 21,000 square feet of ground floor retail on the Green Bay Road elevation in line with the new Target to the south. The property is zoned Business Planned Development and as a part of the main development agreement, created for the overall project and Target, it requires that each phase receive site plan approval. Included in this packet is a site specific development agreement that would authorize the use on the property. Additionally, there are civil site plan details and building elevations included. Note that the architecture and landscape plans still require Building Board and Beautification committee approval Staff have reviewed the plans and find that they are generally well developed and build appropriately on the designs from the first phase (Target). All utility details are adequately designed, stormwater adheres to existing plan agreements and site design is consistent with the overall goals of the project and financial agreements. The proposed parking ratio is more than adequate with 378 spaces total. Of the 378 spaces, 63 are required for the commercial space which leaves 315 spaces for the residential units or a ratio of approximately 1.76 spaces per unit. RECOMMENDATION: The proposed mixed-use building follows the intended design plan of the overall redevelopment and architecturally blends well with the Target to the south. Staff recommend approval of the development agreement to the Village Board. Please contact Nate Piotrowski at (414) 371-3061, if you have any questions. W W MCS PRELIMINARY PLAN SET11-20-25 CAJ File: \\JSDINC\new projects\2025\2515809\DWG\Civil Sheets\25-15809 ConDocs.dwg Layout: SITE User: mary.schmidbauer Plotted: Nov 20, 2025 - 2:52pm Xref's: CLIENT: PROJECT: CLIENT ADDRESS: PROJECT LOCATION: JSD PROJECT NO: SHEET NUMBER: SHEET TITLE: PLAN MODIFICATIONS: # Description:Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MILWAUKEE REGIONAL OFFICE W238 N1610 BUSSE ROAD, SUITE 100 WAUKESHA, WISCONSIN 53188 P. 262.513.0666 Designed By: Reviewed By: Approved By: CREATE THE VISION jsdinc.com WOODSONIA REAL ESTATE 20010 MANDERSON ST, STE 101 ELKHORN, NE, 68022 RIVERSIDE LANDING - PHASE 2A 9090 N GREEN BAY RD BROWN DEER, MILWAUKEE CTY WI, 53209 25-15809 C1.0 SITE PLAN LEGEND Toll Free (800) 242-8511 SITE INFORMATION 1. REFER TO THE EXISTING CONDITIONS SURVEY FOR EXISTING CONDITIONS NOTES AND LEGENDS. 2. ALL WORK IN THE RIGHT-OF-WAY AND/OR PUBLIC EASEMENTS SHALL BE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS, JURISDICTIONAL SPECIFICATIONS, AND APPROVED BY THE JURISDICTION HAVING AUTHORITY. 3. EXISTING GRADE SPOT ELEVATIONS SHOWN FOR INFORMATIONAL PURPOSES. DURING CONSTRUCTION MATCH EXISTING GRADES AT CONSTRUCTION LIMITS. 4. NO SITE GRADING OUTSIDE OR DOWNSLOPE OF PROPOSED SILT FENCE LOCATION. NO LAND DISTURBANCE BEYOND PROPERTY LINES. 5. JSD SHALL BE HELD HARMLESS AND DOES NOT WARRANT ANY DEVIATIONS BY THE OWNER/CONTRACTOR FROM THE APPROVED CONSTRUCTION PLANS THAT MAY RESULT IN DISCIPLINARY ACTIONS BY ANY OR ALL REGULATORY AGENCIES. 6. CONTRACTOR SHALL RESTORE ALL BUILDINGS, PAVEMENT, PIPES, SLOPES, AND STRUCTURES DAMAGED BY THE CONTRACTOR TO PRE-EXISTING OR BETTER CONDITIONS. 7. THE RIGHT-OF-WAY IS THE SOLE JURISDICTION OF THE JURISDICTIONAL AUTHORITY AND IS SUBJECT TO CHANGE AT ANY TIME. 8. CONTRACTOR SHALL BE RESPONSIBLE FOR SITE SAFETY DURING THE CONSTRUCTION OF THESE IMPROVEMENTS. 9. ANY REFERENCES TO THE TERMS OR ENTITY ABBREVIATIONS IN THE FOLLOWING NOTES AND SPECIFICATIONS SHALL BE UNDERSTOOD AS FOLLOWS: 9.1. "JURISDICTION " - THE LOCAL GOVERNMENTAL AGENCY (I.E., CITY, VILLAGE, TOWN, COUNTY, STATE, OR UTILITY SERVICE PROVIDER) HAVING AUTHORITY. 9.2. "STATE HIGHWAY SPECIFICATIONS" - STATE OF WISCONSIN STANDARD SPECIFICATIONS FOR HIGHWAY AND STRUCTURE CONSTRUCTION, CURRENT EDITION AND SUPPLEMENTS 9.3. "STANDARD SPECIFICATIONS" - STANDARD SPECIFICATIONS FOR SEWER AND WATER CONSTRUCTION IN WISCONSIN, CURRENT EDITION AND SUPPLEMENTS 9.4. WISCONSIN DEPARTMENT OF TRANSPORTATION - "WISDOT" 9.5. WISCONSIN DEPARTMENT OF NATURAL RESOURCES - "WDNR" 9.6. DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES - "DSPS" OR "SPS" GENERAL NOTES 1. GENERAL: 1.1. PAVING SHALL CONFORM TO STATE HIGHWAY SPECIFICATIONS, APPLICABLE JURISDICTIONAL SPECIFICATIONS, AND THE GEOTECHNICAL REPORT PREPARED BY TERRACON, TITLED "BROWN DEER MARKETPLACE REDEVELOPMENT", ISSUE DATE JANUARY 20TH, 2025. ALL REFERENCES TO THE "GEOTECHNICAL REPORT" SHALL BE UNDERSTOOD AS THE AFOREMENTIONED REPORT. 1.2. ALL PAVING DIMENSIONS ARE TO FACE OF CURB UNLESS SPECIFIED OTHERWISE. 1.3. ALL SPOT GRADES ARE TO EDGE OF PAVEMENT UNLESS SPECIFIED OTHERWISE. 1.4. SURFACE PREPARATION - NOTIFY ENGINEER/OWNER OF UNSATISFACTORY CONDITIONS. DO NOT BEGIN PAVING WORK UNTIL DEFICIENT SUBBASE AREAS HAVE BEEN CORRECTED AND ARE READY TO RECEIVE PAVING. 1.5. ANY REQUIRED REPLACEMENT OF PUBLIC CURB AND GUTTER, PAVEMENT, OR SIDEWALK SHALL MATCH EXISTING AND MEET JURISDICTIONAL REQUIREMENTS. 2. CRUSHED AGGREGATE BASE COURSE SPECIFICATIONS: 2.1. THE TOP LAYER OF BASE COURSE SHALL CONFORM TO SECTIONS 301 AND 305 OF THE STATE HIGHWAY SPECIFICATIONS. 2.2. RECLAIMED OR RECYCLED ASPHALT MAY NOT BE USED AS CRUSHED AGGREGATE BASE COURSE UNLESS SPECIFICALLY APPROVED BY THE ENGINEER OF RECORD. USE OF ANY OTHER REPROCESSED OR BLENDED MATERIAL MUST FIRST BE APPROVED BY ENGINEER OF RECORD. 2.3. DO NOT PLACE BASE ON FROZEN FOUNDATIONS UNLESS THE ENGINEER APPROVES OTHERWISE. 2.4. DO NOT PLACE BASE ON FOUNDATIONS THAT ARE SOFT, SPONGY, OR COVERED BY ICE OR SNOW. 3. HOT MIXED ASPHALT (HMA) PAVING SPECIFICATIONS: 3.1. THE PLACING, CONSTRUCTION, AND COMPOSITION OF THE BASE COURSE AND HMA SURFACE COURSE SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 450, 455, 460, AND 465 OF THE STATE HIGHWAY SPECIFICATIONS. 3.2. WEATHER LIMITATIONS: 3.2.1. DO NOT PLACE HMA WHEN BASE IS WET OR CONTAINS EXCESS MOISTURE. 3.2.2. DO NOT PLACE ASPHALTIC MIXTURE WHEN THE AIR TEMPERATURE IS APPROXIMATELY 3' ABOVE GRADE, IN SHADE, AND AWAY FROM ARTIFICIAL HEAT SOURCES IS LESS THAN 40°F UNLESS A VALID ENGINEER-ACCEPTED COLD WEATHER PAVING PLAN IS IN EFFECT. 3.2.3. PLACE ASPHALTIC MIXTURE ONLY ON A PREPARED, FIRM, AND COMPACTED BASE, FOUNDATION LAYER, OR EXISTING PAVEMENT SUBSTANTIALLY SURFACE-DRY AND FREE OF LOOSE AND FOREIGN MATERIAL. DO NOT PLACE OVER FROZEN SUBGRADE OR BASE, OR WHERE THE ROADBED IS UNSTABLE. 3.2.4. APPLY TACK COAT ONLY WHEN THE AIR TEMPERATURE IS 32°F OR MORE UNLESS THE ENGINEER APPROVES OTHERWISE IN WRITING. 3.2.5. ALL ASPHALT (BOTH UPPER AND LOWER LAYERS) SHALL BE DELIVERED TO THE PROJECT SITE AT A TEMPERATURE NOT LOWER THAN 250°F. 3.3. CONTRACTOR SHALL ESTABLISH AND MAINTAIN REQUIRED LINES AND ELEVATIONS FOR EACH COURSE DURING CONSTRUCTION. 3.4. BINDER COURSE AGGREGATE: 3.4.1. THE AGGREGATE FOR THE BINDER COURSE SHALL CONFORM TO SECTION 460 OF THE STATE HIGHWAY SPECIFICATIONS. 3.5. SURFACE COURSE AGGREGATE 3.5.1. THE AGGREGATE FOR THE SURFACE COURSE SHALL CONFORM TO SECTIONS 460 AND 465 OF THE STATE HIGHWAY SPECIFICATIONS. 3.6. ASPHALTIC MATERIALS 3.6.1. THE ASPHALTIC MATERIALS SHALL CONFORM TO SECTIONS 455, 460, AND 465 OF THE STATE HIGHWAY SPECIFICATIONS. 4. CONCRETE PAVING SPECIFICATIONS: 4.1. CONCRETE PAVING SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 405, 415, AND 416 OF THE STATE HIGHWAY SPECIFICATIONS. 4.2. CURING COMPOUNDS SHALL CONFORM TO SECTION 415 OF THE STATE HIGHWAY SPECIFICATIONS. 4.3. CONTRACTOR SHALL PROVIDE A JOINTING PLAN TO ENGINEER IF NOT INCLUDED IN THE PLANS. CONTRACTOR SHALL PROVIDE CONTROL JOINTS AND CONSTRUCTION JOINTS OF ONE-QUARTER CONCRETE THICKNESS AT AN EQUAL RATIO OF LENGTH TO WIDTH WHEREVER POSSIBLE WITH A MAXIMUM LENGTH BETWEEN JOINTS OF 15' ON CENTER. 4.4. CONTRACTOR SHALL PROVIDE EXPANSION JOINTS IN SIDEWALKS AT A MAXIMUM 100' APART. 4.5. PLACE EXPANSION JOINTS IN CURB, GUTTER, OR CURB AND GUTTER CONSTRUCTED NEXT TO ASPHALTIC PAVEMENT OR SURFACING. LOCATE JOINTS EVERYWHERE THAT TANGENT AND RADIAL CURB OR CURB AND GUTTER MEET; ON EACH SIDE OF EVERY INLET 3' FROM THE INLET, BUT NO CLOSER THAN 6' FROM ANOTHER JOINT; AND ON TANGENT SECTIONS PLACE BETWEEN 6' AND 300'. 4.6. IF CONSTRUCTING CURB, GUTTER, OR CURB AND GUTTER NEXT TO, OR ON, CONCRETE PAVEMENT CONSTRUCTED WITH EXPANSION JOINTS, THEN PLACE EXPANSION JOINTS TO MATCH THE EXPANSION JOINT LOCATIONS IN THE PAVEMENTS. 4.7. FOR CURB AND GUTTER, FORM CONTRACTION JOINTS BY SAWING OR FORMING AN INDUCED PLANE OF WEAKNESS AT LEAST 2" DEEP IN THE CURB, GUTTER, OR CURB AND GUTTER DIRECTLY OPPOSITE CONSTRUCTION OR CONTRACTION JOINTS IN ADJOINING CONCRETE PAVEMENT AND AT THE REQUIRED SPACING IN CURB, GUTTER, OR CURB AND GUTTER ADJOINING ASPHALTIC PAVEMENT. SPACE JOINTS BETWEEN 6' AND APPROXIMATELY 20' APART, AS THE ENGINEER DIRECTS. 4.8. EXTERIOR CONCRETE SURFACES SHALL BE BROOM FINISHED. 4.9. CONTRACTOR SHALL INSTALL TRUNCATED DOME WARNING DETECTION FIELD SHALL BE PLACED AT ALL ADA RAMPS AS SPECIFIED ON PLANS AND IN ACCORDANCE WITH STATE AND FEDERAL REQUIREMENTS. 5. PAVEMENT MARKING SPECIFICATIONS: 5.1. ALL PARKING STALL LINES SHALL BE 4" WIDE, HIGH VISIBILITY YELLOW LATEX PAINT. 5.2. ALL PAVEMENT MARKINGS INCLUDING STOP BARS, CROSSWALKS, DIRECTIONAL ARROWS, PARKING STALL LINES, ADA STALL MARKINGS, NO PARKING ZONES, AND DROP-OFF/PICK-UP ZONES SHALL BE PAINTED WITH LATEX PAINT PER SPECIFICATIONS. PAVING NOTES W W MCS PRELIMINARY PLAN SET11-20-25 CAJ File: \\JSDINC\new projects\2025\2515809\DWG\Civil Sheets\25-15809 ConDocs.dwg Layout: GRADING User: mary.schmidbauer Plotted: Nov 20, 2025 - 2:53pm Xref's: CLIENT: PROJECT: CLIENT ADDRESS: PROJECT LOCATION: JSD PROJECT NO: SHEET NUMBER: SHEET TITLE: PLAN MODIFICATIONS: # Description:Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MILWAUKEE REGIONAL OFFICE W238 N1610 BUSSE ROAD, SUITE 100 WAUKESHA, WISCONSIN 53188 P. 262.513.0666 Designed By: Reviewed By: Approved By: CREATE THE VISION jsdinc.com WOODSONIA REAL ESTATE 20010 MANDERSON ST, STE 101 ELKHORN, NE, 68022 RIVERSIDE LANDING - PHASE 2A 9090 N GREEN BAY RD BROWN DEER, MILWAUKEE CTY WI, 53209 25-15809 C2.0 GRADING PLAN Toll Free (800) 242-8511 1. ALL SITE PREP AND EARTHWORK SHALL CONFORM TO THE GEOTECHNICAL REPORT PREPARED BY TERRACON, TITLED "BROWN DEER MARKETPLACE REDEVELOPMENT", ISSUE DATE JANUARY 20TH, 2025. ALL REFERENCES TO THE "GEOTECHNICAL REPORT" SHALL BE UNDERSTOOD AS THE AFOREMENTIONED REPORT. 2. ALL PROPOSED GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL VERIFY ALL GRADES, MAKE SURE ALL AREAS DRAIN PROPERLY, AND REPORT ANY DISCREPANCIES TO THE ENGINEER PRIOR TO CONSTRUCTION. 3. CONTRACTOR SHALL ASSUME SOLE RESPONSIBILITY FOR COMPUTATIONS OF ALL GRADING QUANTITIES. WHILE JSD PROFESSIONAL SERVICES, INC. ATTEMPTS TO PROVIDE A COST-EFFECTIVE APPROACH TO BALANCE EARTHWORK, GRADING DESIGN IS BASED ON MANY FACTORS, INCLUDING SAFETY, AESTHETICS, AND COMMON ENGINEERING STANDARDS OF CARE. THEREFORE, NO GUARANTEE CAN BE MADE FOR A BALANCED SITE. 4. ALL EXCAVATIONS AND FILLS SHALL BE TO THE ELEVATIONS SHOWN ON THE DRAWINGS AND SHALL INCLUDE SUFFICIENT DEPTHS FOR PLACEMENT OF FILL MATERIALS, BASE COURSES, PAVEMENTS, TOPSOIL, AND OTHER MATERIALS TO THE SPECIFIED DEPTHS. 5. CONTRACTOR SHALL NOT EXCAVATE BELOW ELEVATIONS OR DESIGN GRADES SHOWN ON THE DRAWINGS WITHOUT PRIOR AUTHORIZATION FROM ENGINEER AND OWNER. 6. PRIOR TO ALL EXCAVATION OR FILLING OPERATIONS, CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL TOPSOIL FROM PROPOSED LOCATIONS OF BUILDINGS, STRUCTURES, ROADS, WALKS, OTHER PAVED AREAS, STORM WATER FACILITIES OR WITHIN THE GRADING EXTENTS WHERE EXISTING GRADES ARE ALTERED BY MORE THAN 3". REMOVED OR STRIPPED TOPSOIL SHALL BE SEGREGATED AND STOCKPILED ON-SITE IN AN APPROPRIATE LOCATION TO BE RESPREAD AS SPECIFIED ON THE DRAWINGS. 7. CONTRACTOR SHALL NOT PLACE ANY FILL OR OTHER MATERIALS ON AREAS THAT HAVE NOT HAD TOPSOIL REMOVED, ARE FROZEN, SATURATED, OR YIELDING. CONTRACTOR SHALL NOTIFY OWNER OR ENGINEER IF SUBGRADE CONDITIONS ARE NOT SUITABLE FOR SUPPORTING FILL AND A FURTHER DETERMINATION SHALL BE PROVIDED BY OWNER OR ENGINEER. 8. CONTRACTOR SHALL PLACE THE FILLS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE GEOTECHNICAL REPORT INCLUDING LIFT DEPTHS AND COMPACTION EFFORTS. 9. PRIOR TO PLACEMENT OF BASE COURSE MATERIALS IN PAVEMENT OR HARD SURFACE AREAS OR CONDUCTING EXCAVATION BELOW SUBGRADE (EBS) ELEVATIONS, CONTRACTOR SHALL NOTIFY OWNER AND ENGINEER TO CONDUCT AN INSPECTION OF THE PREPARED SUBGRADE AND PROOF-ROLLING. PROOF-ROLLING SHALL BE CONDUCTED BY THE CONTRACTOR IN WITNESS OF THE OWNER AND ENGINEER. OWNER AND ENGINEER SHALL DETERMINE IF AREAS OF EBS ARE REQUIRED. EBS SHALL BE COMPLETED BY THE CONTRACTOR PER THE DIRECTION OF THE OWNER AND ENGINEER. 10. SOIL MATERIAL SPECIFICATIONS: 10.1. FILL AND BACKFILL MATERIALS 10.1.1. MATERIAL SHALL BE SATISFACTORY MATERIALS EXCAVATED FROM THE SITE, PER THE GEOTECHNICAL REPORT. IF SATISFACTORY MATERIALS ARE NOT AVAILABLE ONSITE OR ADDITIONAL MATERIALS ARE REQUIRED, REFER TO IMPORTED FILL MATERIAL SPECIFICATIONS. 10.2. IMPORTED FILL MATERIAL 10.2.1. MATERIAL SHALL BE PROVIDED BY THE CONTRACTOR FROM OFFSITE BORROW AREAS WHEN SUFFICIENT, SATISFACTORY MATERIALS ARE NOT AVAILABLE ONSITE. IMPORTED FILL MATERIAL SHALL BE IN ACCORDANCE WITH THE GEOTECHNICAL REPORT AND CONSIST OF CLEAN MATERIAL OF INORGANIC SOILS OR A MIXTURE OF INORGANIC SOIL AND ROCK, STONE, OR GRAVEL. THE MATERIAL SHALL BE FREE OF TOPSOIL, VEGETATION, PAVEMENT RUBBLE, DEBRIS, OR OTHER DELETERIOUS MATERIALS. THE MAXIMUM NOMINAL DIMENSION OF MATERIALS CONSISTING OF ROCK, STONE, OR GRAVEL SHALL BE 6" . 10.3. GRANULAR FILL 10.3.1. MATERIAL SHALL CONSIST OF CLEAN MATERIAL MEETING THE REQUIREMENTS OF “GRADE 1” OR “GRADE 2” GRANULAR BACKFILL AS DEFINED IN SECTION 209.2.1 OF THE STATE HIGHWAY SPECIFICATIONS. 10.4. BUILDING STRUCTURAL FILL 10.4.1. CLEAN MATERIAL MEETING THE REQUIREMENTS OF TYPE A “STRUCTURE BACKFILL” AS DEFINED IN SECTIONS 210.2.1 AND 210.2.2. OF THE STATE HIGHWAY SPECIFICATIONS AND GEOTECHNICAL REPORT . GRADING AND EARTHWORK NOTES LEGEND W W MCS PRELIMINARY PLAN SET11-20-25 CAJ File: \\JSDINC\new projects\2025\2515809\DWG\Civil Sheets\25-15809 ConDocs.dwg Layout: UTILITY User: mary.schmidbauer Plotted: Nov 20, 2025 - 2:53pm Xref's: CLIENT: PROJECT: CLIENT ADDRESS: PROJECT LOCATION: JSD PROJECT NO: SHEET NUMBER: SHEET TITLE: PLAN MODIFICATIONS: # Description:Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MILWAUKEE REGIONAL OFFICE W238 N1610 BUSSE ROAD, SUITE 100 WAUKESHA, WISCONSIN 53188 P. 262.513.0666 Designed By: Reviewed By: Approved By: CREATE THE VISION jsdinc.com WOODSONIA REAL ESTATE 20010 MANDERSON ST, STE 101 ELKHORN, NE, 68022 RIVERSIDE LANDING - PHASE 2A 9090 N GREEN BAY RD BROWN DEER, MILWAUKEE CTY WI, 53209 25-15809 C3.0 UTILITY PLAN Toll Free (800) 242-8511 UTILITY NOTES 1. ALL EXISTING UTILITIES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING THEIR OWN DETERMINATION AS TO THE TYPE AND LOCATIONS OF UNDERGROUND UTILITIES AS MAY BE NECESSARY TO AVOID DAMAGE THERETO. CONTRACTOR/OWNER SHALL CALL "DIGGERS HOTLINE" PRIOR TO ANY CONSTRUCTION. 2. PRIOR TO CONSTRUCTION, THE PRIME CONTRACTOR IS RESPONSIBLE FOR: 2.1. EXAMINING ALL SITE CONDITIONS RELATIVE TO THE CONDITIONS INDICATED ON THE ENGINEERING DRAWINGS. ANY DISCREPANCIES ARE TO BE REPORTED TO THE ENGINEER AND RESOLVED PRIOR TO THE START OF CONSTRUCTION. 2.2. OBTAINING ALL PERMITS INCLUDING PERMIT COSTS, TAP FEES, METER DEPOSITS, BONDS, AND ALL OTHER FEES REQUIRED FOR PROPOSED WORK TO OBTAIN OCCUPANCY. 2.3. VERIFYING ALL ELEVATIONS, LOCATIONS, AND SIZES OF SANITARY, WATER, AND STORM LATERALS AND CHECK ALL UTILITY CROSSINGS FOR CONFLICTS. NOTIFY ENGINEER OF ANY DISCREPANCY. NO WORK SHALL BE PERFORMED UNTIL THE DISCREPANCY IS RESOLVED. 2.4. NOTIFYING ALL UTILITIES PRIOR TO INSTALLATION OF ANY UNDERGROUND IMPROVEMENTS. 2.5. NOTIFYING THE DESIGN ENGINEER AND JURISDICTIONAL AUTHORITY 48 HOURS PRIOR TO THE START OF CONSTRUCTION TO ARRANGE FOR APPROPRIATE CONSTRUCTION OBSERVATION. 2.6. COORDINATING ALL CONSTRUCTION WITH OTHER CONTRACTORS INVOLVED WITH CONSTRUCTION OF THE PROPOSED DEVELOPMENT AND FOR REPORTING ANY ERRORS OR DISCREPANCIES BETWEEN THESE PLANS AND PLANS PREPARED BY OTHERS. 3. ALL UTILITY WORK SHALL BE DONE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR PUBLIC UTILITIES AND STATE DSPS/SPS AND LOCAL CODES AND SPECIFICATIONS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE WHICH SPECIFICATIONS AND CODES APPLY, AND TO COORDINATE ALL CONSTRUCTION ACTIVITIES WITH THE APPROPRIATE JURISDICTIONAL AUTHORITIES. 4. SPECIFICATIONS SHALL COMPLY WITH THE JURISDICTIONAL AUTHORITY'S SPECIAL PROVISIONS. 5. LENGTHS OF ALL UTILITIES ARE TO CENTER OF STRUCTURES OR FITTINGS AND MAY VARY SLIGHTLY FROM PLAN. LENGTHS SHALL BE VERIFIED IN THE FIELD DURING CONSTRUCTION. 6. CONTRACTOR SHALL BE RESPONSIBLE FOR SITE SAFETY DURING THE CONSTRUCTION OF IMPROVEMENTS. 7. CONTRACTOR SHALL INSTALL A PEDESTRIAN FENCE AROUND ALL EXCAVATIONS TO BE LEFT OPEN OVERNIGHT AS REQUIRED IN CONSTRUCTION SITES WHERE THE POTENTIAL FOR PEDESTRIAN INJURY EXISTS. 8. CONTRACTOR SHALL ADJUST AND/OR RECONSTRUCT ALL UTILITY COVERS (SUCH AS MANHOLE COVERS, VALVE BOX COVERS, ETC.) TO MATCH THE FINISHED GRADES OF THE AREAS EFFECTED BY THE CONSTRUCTION. 9. ALL NON-METALLIC UTILITY PIPES (SANITARY SEWER, STORM SEWER, AND WATER PIPING) SHALL BE INSTALLED IN CONJUNCTION WITH TRACER WIRE AS REQUIRED BY SPS 382.30(11)(H), SPS 382.36(7)(C)10., AND SPS 382.40(8)(K). COLOR OF TRACER WIRE SHALL BE: SANITARY SEWER - GREEN, STORM SEWER - BROWN, WATER - BLUE, NON-POTABLE WATER - PURPLE. 10. DRY UTILITIES (COMMUNICATION, TELEPHONE, GAS, ELECTRIC, ETC.) ARE SHOWN FOR GENERAL ROUTING ONLY. CONTRACTOR SHALL COORDINATE DESIGN AND FINAL LOCATION WITH APPROPRIATE UTILITY COMPANY. 11. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL CONSTRUCTION WITH OTHER CONTRACTORS INVOLVED WITH CONSTRUCTION OF THE PROPOSED DEVELOPMENT AND FOR REPORTING ANY ERRORS OR DISCREPANCIES BETWEEN THESE PLANS AND PLANS PREPARED BY OTHERS. 12. ANY SANITARY SEWER, SANITARY SEWER SERVICES, WATER MAIN, WATER SERVICES, STORM SEWER, OR OTHER UTILITIES, WHICH ARE DAMAGED BY THE CONTRACTORS, SHALL BE REPAIRED TO THE JURISDICTIONAL AUTHORITY'S SATISFACTION AT THE CONTRACTOR'S EXPENSE. 13. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE ENGINEER WITH AS-BUILT CONDITIONS OF THE INSTALLED IMPROVEMENTS IN ORDER THAT THE APPROPRIATE DRAWINGS CAN BE PREPARED, IF REQUIRED. ANY CHANGES TO THE DRAWINGS OR ADDITIONAL ITEMS MUST BE REPORTED TO THE ENGINEER AS WORK PROGRESSES. 14. IN ANY LOCATIONS WHERE BUILDING SEWERS (STORM AND SANITARY) ARE INSTALLED WITH LESS THAN THE MINIMUM COVER AS SPECIFIED IN SPS 382.30(11)(c) OR WATER PIPING 382.40(8)(a), CONTRACTOR SHALL INSTALL INSULATION IN ACCORDANCE WITH SPS 382.30(11)(c)2. FOR PROTECTION FROM FROST. 15. STORM SEWER SPECIFICATIONS: 15.1. PIPE: 15.1.1. REINFORCED CONCRETE PIPE (RCP) - SHALL MEET THE REQUIREMENTS OF ASTM CLASS III (MINIMUM) C76 WITH RUBBER GASKET JOINTS CONFORMING TO ASTM C443. 15.1.2. HIGH DENSITY DUAL-WALL POLYETHYLENE CORRUGATED PIPE (HDPE) - SHALL BE AS MANUFACTURED BY ADS OR EQUAL WITH WATERTIGHT JOINTS, AND SHALL MEET THE REQUIREMENTS OF AASHTO DESIGNATION M294 TYPE "S". 15.1.3. POLYVINYL CHLORIDE (PVC) - SHALL MEET REQUIREMENTS OF ASTM D3034, SDR 35 FOR PIPE SIZES 8"-15" WITH INTEGRAL BELL TYPE FLEXIBLE ELECTROMETRIC JOINTS, MEETING THE REQUIREMENTS OF ASTM D3212. ASTM 1785 SCHEDULE 40 FOR PIPE DIAMETERS 4"-6". SDR 35 SHALL BE USED FOR DEPTHS 3'-15' AND SDR 26 FOR DEPTHS 16'-25' DEPENDENT ON LOCAL JURISDICTION. 15.2. INLETS AND CATCH BASINS: 15.2.1. INLETS SHALL BE CONSTRUCTED IN ACCORDANCE WITH CHAPTER 3.6.3 AND DETAIL DRAWINGS FILE. NO. 28 OR 29 OF THE STANDARD SPECIFICATIONS, OR APPROVED EQUAL WITH A 2'X3' MAXIMUM OPENING. 15.2.2. POLYVINYL CHLORIDE (PVC) INLETS BY NYLOPLAST ONLY WHEN SPECIFIED ON PLANS, CONFORMING TO ASTM D1781, ASTM D3212, ASTM F477, AND MANUFACTURER'S REQUIREMENTS. REFER TO PLANS FOR LID OR GRATE SPECIFICATION. 15.2.3. FRAME AND GRATE/LIDS: 15.2.3.1. CURB FRAME AND GRATES SHALL BE NEENAH R-3065 (24"+ DIA. STRUCTURES) WITH TYPE "R" GRATE OR EQUAL, UNLESS AS SPECIFIED IN THE PLANS. 15.2.3.2. SOLID LID FRAME AND GRATES SHALL BE NEENAH R-1642 OR R-1556, HEAVY DUTY NON-ROCKING SOLID LID OR EQUAL, UNLESS AS SPECIFIED IN THE PLANS. 15.2.3.3. GRATE FRAME AND GRATES SHALL BE NEENAH R-2556, HEAVY DUTY WITH A R-2556 TYPE G GRATE OR EQUAL, UNLESS AS SPECIFIED IN THE PLANS. 15.2.4. MANHOLES: 15.2.4.1. MANHOLES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CHAPTER 3.5.0 AND DETAIL DRAWINGS FILE NO. 11 AND/OR 12 OF THE STANDARD SPECIFICATIONS. 15.2.3.2. MANHOLE FRAMES AND COVERS SHALL BE NEENAH R-1642, HEAVY DUTY NON-ROCKING SOLID LID OR EQUAL, UNLESS AS SPECIFIED IN THE PLANS. 15.3. BACKFILL AND BEDDING: 15.3.1. STORM SEWER SHALL BE CONSTRUCTED WITH GRAVEL BACKFILL AND CLASS "B" BEDDING IN ALL PAVED AREAS AND TO A POINT 5' BEYOND THE EDGE OF PAVEMENT. TRENCHES RUNNING PARALLEL TO AND LESS THAN 5' FROM THE EDGE OF PAVEMENT SHALL ALSO REQUIRE GRAVEL BACKFILL. 15.3.2. LANDSCAPED AREAS MAY BE BACKFILLED WITH EXCAVATED MATERIAL IN CONFORMANCE WITH SECTION 8.43.5 OF THE STANDARD SPECIFICATIONS. 15.4. FIELD TILE CONNECTIONS: 15.4.1. ALL FIELD TILE ENCOUNTERED DURING CONSTRUCTION SHALL BE INCLUDED IN THE UNIT PRICE(S) FOR STORM SEWER. TILE LINES CROSSED BY THE TRENCH SHALL BE REPLACED WITH THE SAME MATERIAL AS THE STORM SEWER. 16. WATER MAIN & WATER LATERAL SPECIFICATIONS: 16.1. PIPE: 16.1.1. DUCTILE IRON PIPE SHALL BE CLASS 52 CONFORMING TO AWWA C151 AND CHAPTER 8.18.0 OF THE STANDARD SPECIFICATIONS. 16.1.2. POLYVINYL CHLORIDE PRESSURE PIPE (PVC) SHALL BE MANUFACTURED IN ACCORDANCE WITH AWWA C900 DR14 (CLASS 305) FOR SIZES UP TO 4" AND AWWA C900 DR18 (CLASS 235) UP TO 30".WITH INTEGRAL ELASTOMERIC BELL AND SPIGOT JOINTS. 16.1.3. HIGH DENSITY POLYETHYLENE (HDPE) SHALL CONFORM TO THE REQUIREMENTS OF AWWA C901, SDR 9 MINIMUM FOR SIZES UP TO 3" AND TO AWWA C906, SDR 17 MINIMUM FOR SIZES GREATER THAN 3". 17.2. VALVES AND VALVE BOXES: 17.2.1. GATE VALVES SHALL BE AWWA GATE VALVES MEETING THE REQUIREMENTS OF AWWA C500 AND CHAPTER 8.27.0 OF THE STANDARD SPECIFICATIONS. 17.2.2. CURB STOPS AND CORPORATION VALVES SHALL BE AWWA C800 AND ASTM B62, AND CONFORM TO ANY LOCAL JURISDICTIONAL REQUIREMENTS. 17.3. WATER SERVICES CONNECTIONS 17.3.1. SERVICES 2" IN DIAMETER OR LESS SHALL USE A TAP SERVICE WITH A CORPORATION STOP AND CURB STOP VALVE WITH SERVICE BOX PER JURISDICTIONAL REQUIREMENTS. 17.3.2. SERVICES GREATER THAN 2" IN DIAMETER SHALL USE A TAPPING SLEEVE OR CUT-IN TEE CONNECTION WITH VALVE OF EQUIVALENT PIPE DIAMETER AND VALVE BOX PER JURISDICTIONAL REQUIREMENTS. 17.4. HYDRANTS: 17.4.1. HYDRANTS SHALL CONFORM TO THE SPECIFICATIONS OF THE JURISDICTIONAL AUTHORITIES. THE DISTANCE FROM THE GROUND LINE TO THE CENTERLINE OF THE LOWEST NOZZLE AND THE LOWEST CONNECTION OF THE FIRE DEPARTMENT SHALL BE NO LESS THAN 18 " AND NO GREATER THAN 23"(SEE DETAIL). 17.5. JOINT RESTRAINT: 17.5.1. WHERE SPECIFIED, DUCTILE IRON PIPE SHALL INCLUDE MECHANICAL JOINTS CONFORMING TO CHAPTER 4.4.2(b) OF THE STANDARD SPECIFICATIONS. POLYETHYLENE WRAP SHALL BE USED AROUND ALL MECHANICAL CONNECTIONS. 17.6. BEDDING AND COVER MATERIAL: 17.6.1. PIPE BEDDING AND COVER MATERIAL SHALL BE SAND, CRUSHED STONE CHIPS OR CRUSHED STONE SCREENINGS CONFORMING TO CHAPTER 8.43.2 OF THE STANDARD SPECIFICATIONS. 17.6.2. BURY DEPTH SHALL CONFIRM TO LOCAL JURISDICTION REQUIREMENTS, OR DSPS REQUIREMENTS AT A MINIMUM, WHERE THERE IS NO LOCAL JURISDICTION REQUIREMENTS. 17.7. BACKFILL: 17.7.1. BACKFILL MATERIAL AND INSTALLATION SHALL BE IN ACCORDANCE WITH CHAPTERS 2.6.0 AND 4.17.0 OF THE STANDARD SPECIFICATIONS. GRAVEL BACKFILL IS REQUIRED IN ALL PAVED AREAS AND TO A POINT 5' BEYOND THE EDGE OF PAVEMENT. TRENCHES RUNNING PARALLEL TO AND LESS THAN 5' FROM THE EDGE OF PAVEMENT SHALL ALSO REQUIRE GRAVEL BACKFILL. 17.7.2. LANDSCAPED AREAS MAY BE BACKFILLED WITH EXCAVATED MATERIAL IN CONFORMANCE WITH SECTION 8.43.5 OF THE STANDARD SPECIFICATIONS. 18. SEPARATION DISTANCES x WHERE PRIVATE WATER MAIN OR WATER SERVICES CROSSES A SANITARY SEWER OR SANITARY LATERAL, THE WATER PIPE WITHIN 5 FEET OF THE CROSSING SHALL BE INSTALLED WITH THE FOLLOWING: xx WATER PIPING SHALL BE INSTALLED AT LEAST 12 INCHES ABOVE THE TOP OF SANITARY PIPING xx WATER PIPING SHALL BE INSTALLED AT LEAST 18 INCHES BELOW THE BOTTOM OF SANITARY PIPING. 19. SANITARY SEWER SPECIFICATIONS: 19.1. PIPE: 19.1.1. POLYVINYL CHLORIDE (PVC) MEETING REQUIREMENTS OF ASTM D 3034, SDR 35, WITH INTEGRAL BELL TYPE FLEXIBLE ELASTOMERIC JOINTS, MEETING THE REQUIREMENTS OF ASTM D3212. SDR 35 SHALL BE USED FOR DEPTHS 3'-15' AND SDR 26 FOR DEPTHS 16'-25' DEPENDENT ON LOCAL JURISDICTION. 19.1.2. CONNECTION TO DISSIMILAR PIPE MATERIALS SHALL CONFORM TO CHAPTER 3.4.2 OF THE STANDARD SPECIFICATIONS. FERNCO COUPLER MAY BE USED WITH APPROVAL OF ENGINEER. 19.2. MANHOLES: 19.2.1. MANHOLES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CHAPTER 3.5.0 AND DETAIL DRAWINGS FILE NO'S. 12, 13 AND 15 OF THE STANDARD SPECIFICATIONS AND ALL SPECIAL PROVISIONS OF THE JURISDICTIONAL AUTHORITIES. 19.2.2. MANHOLES SHALL HAVE INTERNAL CHIMNEY SEALS INSTALLED IN ALL SANITARY MANHOLES IN ACCORDANCE WITH CHAPTER 3.5.4(F) AND DETAIL DRAWING FILE NO. 12A OF THE STANDARD SPECIFICATIONS. 19.2.3. MANHOLES SHALL HAVE ALL EXTERNAL JOINTS WRAPPED WITH MAC WARP OR EQUAL RUBBERIZED JOINT WRAP PER ASTM C923. 19.2.4. MANHOLE FRAMES AND COVERS SHALL BE NEENAH R-1550 HEAVY DUTY WITH NON-ROCKING SOLID LIDS OR EQUAL, UNLESS SPECIFIED IN THE PLANS. 19.3. BEDDING AND COVER MATERIAL: 19.3.1. MATERIAL SHALL CONFORM TO THE APPROPRIATE SECTIONS OF THE STANDARD SPECIFICATIONS WITH THE FOLLOWING MODIFICATION: "COVER MATERIAL SHALL BE THE SAME AS USED FOR BEDDING AND SHALL CONFORM TO SECTION 8.43.2 (A). 19.3.2. MATERIAL SHALL BE PLACED IN A MINIMUM OF THREE SEPARATE LIFTS, OR AS REQUIRED TO ENSURE ADEQUATE COMPACTION OF THESE MATERIALS, WITH ONE LIFT OF BEDDING MATERIAL ENDING AT OR NEAR THE SPRINGLINE OF THE PIPE. THE CONTRACTOR SHALL TAKE CARE TO COMPLETELY WORK BEDDING MATERIAL UNDER THE HAUNCH OF THE PIPE TO PROVIDE ADEQUATE SIDE SUPPORT." 19.4. BACKFILL: 19.4.1. MATERIAL AND INSTALLATION SHALL BE IN ACCORDANCE CHAPTER 2.6.0 OF THE STANDARD SPECIFICATIONS. GRAVEL BACKFILL IS REQUIRED IN ALL PAVED AREAS AND TO A POINT 5' BEYOND THE EDGE OF PAVEMENT. TRENCHES RUNNING PARALLEL TO AND LESS THAN 5' FROM THE EDGE OF PAVEMENT SHALL ALSO REQUIRE GRAVEL BACKFILL. 19.4.2. LANDSCAPED AREAS MAY BE BACKFILLED WITH EXCAVATED MATERIAL IN CONFORMANCE WITH SECTION 8.43.5 OF THE STANDARD SPECIFICATIONS. UTILITY NOTES, CONTINUED LEGEND W W MCS PRELIMINARY PLAN SET11-20-25 CAJ File: \\JSDINC\new projects\2025\2515809\DWG\Civil Sheets\25-15809 ConDocs.dwg Layout: EROSION User: mary.schmidbauer Plotted: Nov 20, 2025 - 2:53pm Xref's: CLIENT: PROJECT: CLIENT ADDRESS: PROJECT LOCATION: JSD PROJECT NO: SHEET NUMBER: SHEET TITLE: PLAN MODIFICATIONS: # Description:Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MILWAUKEE REGIONAL OFFICE W238 N1610 BUSSE ROAD, SUITE 100 WAUKESHA, WISCONSIN 53188 P. 262.513.0666 Designed By: Reviewed By: Approved By: CREATE THE VISION jsdinc.com WOODSONIA REAL ESTATE 20010 MANDERSON ST, STE 101 ELKHORN, NE, 68022 RIVERSIDE LANDING - PHASE 2A 9090 N GREEN BAY RD BROWN DEER, MILWAUKEE CTY WI, 53209 25-15809 C4.0 EROSION CONTROL PLAN Toll Free (800) 242-8511 1. CONTRACTOR IS RESPONSIBLE TO NOTIFY ENGINEER OF RECORD AND OFFICIALS OF ANY CHANGES TO THE EROSION CONTROL AND STORMWATER MANAGEMENT PLANS. 2. ALL EROSION CONTROL MEASURES SHALL BE CONSTRUCTED AND MAINTAINED BY THE CONTRACTOR IN ACCORDANCE WITH WDNR TECHNICAL STANDARDS AND JURISDICTIONAL REQUIREMENTS. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN A COPY OF THESE STANDARDS. CONTRACTOR SHALL BE RESPONSIBLE FOR ANY ADDITIONAL EROSION CONTROL MEASURES WHICH MAY BE NECESSARY TO MEET UNFORESEEN FIELD CONDITIONS. 3. INSTALL PERIMETER EROSION CONTROL MEASURES (SUCH AS CONSTRUCTION ENTRANCES, SILT FENCE, AND EXISTING INLET PROTECTION) PRIOR TO ANY GRADING OR DISTURBANCE OF EXISTING SURFACE COVER. MODIFICATIONS TO THE APPROVED EROSION CONTROL DESIGN IN ORDER TO MEET UNFORESEEN FIELD CONDITIONS IS ALLOWED IF MODIFICATIONS CONFORM TO WDNR TECHNICAL STANDARDS AND JURISDICTIONAL REQUIREMENTS. ALL DESIGN MODIFICATIONS MUST BE APPROVED BY THE JURISDICTIONAL AUTHORITIES PRIOR TO DEVIATION OF THE APPROVED PLAN. 4. ADDITIONAL EROSION CONTROL MEASURES, AS REQUESTED BY JURISDICTIONS HAVING AUTORITY AND/OR ENGINEER OF RECORD SHALL BE INSTALLED WITHIN 24 HOURS OF REQUEST. 5. INSPECTIONS AND MAINTENANCE OF ALL EROSION CONTROL MEASURES SHALL BE ROUTINE (ONCE PER WEEK MINIMUM) TO ENSURE PROPER FUNCTION OF EROSION CONTROLS AT ALL TIMES. EROSION CONTROL MEASURES ARE TO BE IN WORKING ORDER AT THE END OF EACH WORK DAY. 6. ALL EROSION AND SEDIMENT CONTROL ITEMS SHALL BE INSPECTED WITHIN 24 HOURS OF ALL RAIN EVENTS EXCEEDING 0.5". ANY DAMAGED EROSION CONTROL MEASURES SHALL BE REPAIRED OR REPLACED IMMEDIATELY UPON INSPECTION. 7. CONSTRUCTION ENTRANCES SHALL BE INSTALLED AT ALL LOCATIONS OF VEHICLE INGRESS/EGRESS POINTS. ADDITIONAL LOCATIONS OTHER THAN AS SHOWN ON THE PLANS MUST BE PRE-APPROVED BY THE JURISDICTION. CONSTRUCTION ENTRANCES SHALL BE 50' LONG AND NO LESS THAN 12" THICK BY USE OF 3" SELECTED CRUSHED. CONSTRUCTION ENTRANCES SHALL BE MAINTAINED BY THE CONTRACTOR IN A CONDITION WHICH WILL PREVENT THE TRACKING OF MUD OR DRY SEDIMENTOFF-SITE AFTER EACH WORKING DAY OR MORE FREQUENTLY AS REQUIRED. 8. PAVED SURFACES ADJACENT TO CONSTRUCTION SITE VEHICLE ACCESS SHALL BE SWEPT AND/OR SCRAPED TO REMOVE ACCUMULATED SOIL, DIRT, AND/OR DUST AFTER THE END OF EACH WORK DAY AND AS REQUESTED BY THE JURISDICTIONAL AUTHORITIES. 9. INLET PROTECTION SHALL BE IMMEDIATELY FITTED AT THE INLETS OF ALL INSTALLED STORM SEWER. STONE DITCH CHECKS FENCE SHALL BE IMMEDIATELY FITTED AT ALL INSTALLED CULVERT INLETS TO PREVENT SEDIMENT DEPOSITION WITHIN STORM SEWER SYSTEMS. 10. INSTALL EROSION CONTROLS ON THE DOWNSTREAM SIDE OF STOCKPILES. IF STOCKPILE REMAINS UNDISTURBED FOR MORE THAN SEVEN (7) DAYS, TEMPORARY SEEDING AND STABILIZATION IN ACCORDANCE WITH BEST MANAGEMENT PRACTICES IS REQUIRED. IF DISTURBANCE OCCURS BETWEEN NOVEMBER 15TH AND MAY 15TH, THE MULCHING SHALL BE PERFORMED BY HYDRO-MULCHING WITH A "TACKIFIER." 11. DITCH CHECKS AND APPLICABLE EROSION NETTING/MATTING SHALL BE INSTALLED IMMEDIATELY AFTER COMPLETION OF GRADING EFFORTS WITHIN DITCHES/SWALES TO PREVENT SOIL TRANSPORTATION. 12. EROSION CONTROL FOR UTILITY CONSTRUCTION (STORM SEWER, SANITARY SEWER, WATER MAIN, ETC.): 12.1. PLACE EXCAVATED TRENCH MATERIAL ON THE HIGH SIDE OF THE TRENCH. 12.2. BACKFILL, COMPACT, AND STABILIZE THE TRENCH IMMEDIATELY AFTER PIPE CONSTRUCTION. 12.3. DISCHARGE TRENCH WATER INTO A SEDIMENTATION BASIN OR FILTERING TANK IN ACCORDANCE WITH THE WDNR DEWATERING TECHNICAL STANDARD NO. 1061 PRIOR TO RELEASE INTO THE STORM SEWER, RECEIVING STREAM, OR DRAINAGE DITCH. 13. ALL SLOPES 4:1 OR GREATER SHALL BE STABILIZED WITH CLASS I, TYPE B EROSION MATTING PER STATE HIGHWAY SPECIFICATIONS OR APPLICATION OF A WISDOT APPROVED POLYMER SOIL STABILIZATION TREATMENT OR A COMBINATION THEREOF, AS REQUIRED WITHIN SEVEN (7) DAYS OF REACHING FINAL GRADE. DRAINAGE SWALES SHALL BE STABILIZED WITH CLASS II, TYPE B EROSION MATTING PER STATE HIGHWAY SPECIFICATIONS. EROSION MATTING AND/OR NETTING USED ONSITE SHALL BE INSTALLED IN ACCORDANCE WITH MANUFACTURER'S GUIDELINES AND WDNR TECHNICAL STANDARDS 1052 AND 1053. 14. CONTRACTOR SHALL TAKE ALL NECESSARY STEPS TO CONTROL DUST ARISING FROM CONSTRUCTION OPERATIONS. REFER TO WDNR TECHNICAL STANDARD 1068. 15. A CONCRETE WASHOUT AREA SHALL BE DESIGNATED ONSITE. CONTRACTOR SHALL USE PRE-MANUFACTURED ABOVE GROUND WASHOUT TOTE OR EQUIVALENT CONTAINMENT AREA FOR ALL CONCRETE WASTE. CONCRETE WASTE SHALL ONLY BE CONTAINED IN ABOVE GROUND PRE-FABRICATED CONTAINERS OR CONSTRUCTED CONTAINMENT AREA AND IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO FREQUENTLY DISPOSE OF OFF-SITE IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS TO MAINTAIN THE SYSTEMS EFFECTIVENESS. 16. STABILIZATION MEASURES SHALL BE INITIATED AS SOON AS PRACTICABLE IN PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED. NO MORE THAN SEVEN (7) DAYS SHALL PASS AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS CEASED UNLESS: 16.1. THE INITIATION STABILIZATION MEASURES BY THE SEVENTH (7) DAY AFTER CONSTRUCTION ACTIVITY HAS CEASED OR IS PRECLUDED BY SNOW COVER. IN THAT EVENT, STABILIZATION SHALL BE INITIATED AS SOON AS PRACTICABLE. 16.2. CONSTRUCTION ACTIVITY WILL RESUME ON A PORTION OF THE SITE WITHIN FOURTEEN (14) DAYS FROM WHEN ACTIVITY CEASED ( I.E., THE TOTAL TIME PERIOD THAT THE CONSTRUCTION ACTIVITY IS TEMPORARILY CEASED IS LESS THAN FOURTEEN (14) DAY). IN THAT EVENT, STABILIZATION MEASURES DO NOT HAVE TO BE INITIATED ON THAT PORTION OF THE SITE BY THE SEVENTH (7) DAY AFTER CONSTRUCTION ACTIVITY HAS TEMPORARILY CEASED. 16.3. STABILIZATION MEASURES SHALL BE DETERMINED BASED ONSITE CONDITIONS WHEN CONSTRUCTION ACTIVITY HAS CEASED INCLUDING, BUT NOT LIMITED TO, WEATHER CONDITIONS AND LENGTH OF TIME THE MEASURE MUST BE EFFECTIVE. THE FOLLOWING ARE ACCEPTABLE STABILIZATION MEASURES: 16.3.1. PERMANENT SEEDING; IN ACCORDANCE WITH APPROVED CONSTRUCTION SPECIFICATION 16.3.2. TEMPORARY SEEDING; MAY CONSIST OF SPRING OATS(100LBS.ACRE) IN SPRING/SUMMER OR WHEAT OR CEREAL RYE (150LBS./ACRE) IN FALL 16.3.3. HYDRO-MULCHING WITH A TACKIFIER 16.3.4. WOVEN AND NON-WOVEN GEOTEXTILES 16.3.5. EROSION MATTING 16.3.6. SODDING 16.3.7. OTHER MEASURES AS APPROVED BY THE ENGINEER 17. EROSION CONTROL MEASURES SHALL NOT BE REMOVED UNTIL ALL LAND DISTURBING CONSTRUCTION ACTIVITY AT THE SITE HAS BEEN COMPLETED AND THAT A UNIFORM PERENNIAL VEGETATIVE COVER HAS BEEN ESTABLISHED WITH A CONTIGUOUS DENSITY OF AT LEAST 70% FOR UNPAVED AREAS AND AREAS NOT COVERED BY PERMANENT STRUCTURES OR THAT EMPLOY EQUIVALENT PERMANENT STABILIZATION MEASURES. 18. CONTRACTOR/OWNER SHALL FILE A NOTICE OF TERMINATION UPON COMPLETION OF THE PROJECT IN ACCORDANCE WITH WDNR REQUIREMENTS AND/OR REQUEST FOR PERMIT CLOSURE IN ACCORDANCE WITH JURISDICTION PERMIT AND SPECIFICATION REQUIREMENTS. EROSION CONTROL NOTES LEGEND MCS PRELIMINARY SITE PLAN11-10-25 CAJ File: \\JSDINC\new projects\2025\2515809\DWG\Landscape Sheets\25-15809 EXHIBIT - Landscape Concept.dwg Layout: titleblock User: michael.siniscalchi Plotted: Nov 13, 2025 - 10:30am Xref's: CLIENT: PROJECT: CLIENT ADDRESS: PROJECT LOCATION: JSD PROJECT NO: SHEET NUMBER: SHEET TITLE: PLAN MODIFICATIONS: # Description:Date: THESE PLANS AND DESIGNS ARE COPYRIGHT PROTECTED AND MAY NOT BE USED IN WHOLE OR IN PART WITHOUT THE WRITTEN CONSENT OF JSD PROFESSIONAL SERVICES, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MILWAUKEE REGIONAL OFFICE W238 N1610 BUSSE ROAD, SUITE 100 WAUKESHA, WISCONSIN 53188 P. 262.513.0666 Designed By: Reviewed By: Approved By: CREATE THE VISION TELL THE STORY jsdinc.com WOODSONIA REAL ESTATE 20010 MANDERSON ST, STE 101 ELKHORN, NE, 68022 RIVERSIDE LANDING - PHASE 2A 9090 N GREEN BAY RD BROWN DEER, MILWAUKEE CTY WI, 53209 25-15809 EXHIBIT LANDSCAPE CONCEPT : : : :: EXISTING TREE CANOPY TREE OAK, MAPLE, KENTUCKY COFFEETREE ORNAMENTAL TREE MUSCLEWOOD, PAGODA DOGWOOD LARGE SHRUBS/SMALL TREES WITCHAZEL, GREY DOGWOOD, RED TWIGGED DOGWOOD, BLADDERNUT, NINEBARK MEDIUM SHRUBS CHOKEBERRY, WINTERBERRY, WILD ROSE, NEW JERSEY TEA, STEEPLEBUSH PERENNIALS & GRASSES COREOPSIS, PALE PURPLE CONEFLOWER, PRAIRIE SMOKE, SKY BLUE ASTER, PRAIRIE DROP- SEED, LITTLE BLUESTEM, BUTTERFLYWEED, WILD GERANIUM GRASSES BLUE GRASS TURF GRASS LEGEND PROPOSED BUILDING POOLPATIO /(9(/    /(9(/    72833(53$5$3(7    /(9(/    /(9(/    /(9(/    /(9(/     $ B  $ B $ B  $ B  $ B  $ B  $ B  $ B  $ B 6% &*&&&%&$ 6361606/6.6-6+6*6)6(6'6&6$ 6 , 1 $ * (              /(9(/    /(9(/    72833(53$5$3(7    /(9(/    /(9(/    /(9(/    /(9(/    6 6 6 6 6 6 6 6 6 6  $ B $ B  $ B && & & & & & & & & & & & & &          /(9(/    /(9(/    72833(53$5$3(7    /(9(/    /(9(/    /(9(/    /(9(/    6 6 6 6 6 6 66 & & & &&      0$7(5,$/.(< (;7(1762))& ),%(5&(0(17/$36,',1*:+,7( (;7(1762))& ),%(5&(0(17/$36,',1*%/$&. (;7(1762))& ),%(5&(0(17/$36,',1*:22'),1,6+ (;7(1762))% %5,&.&+$5&2$/ (;7(1762)'&08 0$6215<%/2&.&5($0/,0(6721( (;7(1762)3& 35(&$67&21&5(7(:$//&$3 (;7(1762)'&08 &08&+$5&2$/63/,7)$&( (;7(1762)'&08 &08*5(<63/,7)$&( (;7(1762))& ),%(5&(0(173$1(/6,',1*%/$&.  6((6+((7 $25, ( 17 $7 , 213 / $1 ) 25 (; 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7 ( 5, 25 %8,/',1*(/(9$7,21/2&$7,216 *(1(5$/(/(9$7,21127(6 /(9(/    /(9(/    72833(53$5$3(7    /(9(/    /(9(/    /(9(/    /(9(/     $ B $ B 6% &$ 6) 6( 6' 6& 6$           /(9(/    /(9(/    72833(53$5$3(7    /(9(/    /(9(/    /(9(/    /(9(/     $ B  $ B  $ B  $ B  $ B &* &) &( &' && &% &$ 63 61 60 6/ 6. 6- 6+ 6* 6) 6(        /(9(/    /(9(/    72833(53$5$3(7    /(9(/    /(9(/    /(9(/    /(9(/    666666666666666 6  $ B $ B  $ B &&&& &&&&&&&&&&&&&& & 6,*1$*( 6,*1$*( 6,*1$*( 6,*1$*( 6,*1$*( 6,*1$*(                           352-(&7 5(9,6,216 ‹&23<5,*+7 6287+7+$9(18(_20$+$1(  30 %8,/',1* (/(9$7,216  $ %52:1'((508/7,)$0,/< 1*5((1%$<5' %52:1'((5:, :22'621,$  35(/,0,1$5< 127)25 &216758&7,21 7$*86(')257+,66&+('8/( .(<('(/(9$7,21127(6  5786((0(&+$1,&$/  35(),1,6+('0(7$ /&23,1*:,7+&/($721(;7(5,25$1' (;326(')$67(1(5621,17(5,25522)6,'(  $/80,1806725()52176<67(06((63(&6  ),1,6+('*5$'(6((&,9,/  +2//2:0(7$/'2256((63(&6  &$676721(+($'(5&$3  (;7(51$/6&833(5 '2:1632877<36(('(7$,/  0(&+$1,&$//289(56((0(3 1 2 7  8 6 ( '  %$/&21<5$,/,1*0$18) .$1(,1129$7,2166(5,(6 67(5/,1*'8/$7<3  &$123<  6,*1$*(/2&$7,21 12 '(6&5,37,21 '$7( $ 6&$/(    6287+(/(9$7,21 $ 6&$/(    6287+(1'(/(9$7,21 $ 6&$/(    :(67(/(9$7,21 10/9/2025 1:41:37 PM Autodesk Docs://24085 Woodsonia - Brown Deer Wisonsin/24085_Woodsonia_Brown_Deer_Wisconsin_Arch_R23.rvt 24085 WOODSONIA - BROWN DEER, WI RENDERS 10/9/2025 1:41:38 PM Autodesk Docs://24085 Woodsonia - Brown Deer Wisonsin/24085_Woodsonia_Brown_Deer_Wisconsin_Arch_R23.rvt 24085 WOODSONIA - BROWN DEER, WI RENDERS 1 DEVELOPMENT AGREEMENT Village of Brown Deer/Woodsonia - Riverside Landing Mixed Use THIS DEVELOPMENT AGREEMENT (“Agreement”), is made as of the ____ day of __________ , by and between the Village of Brown Deer, Wisconsin (“ Village”) and ____________________ (“Developer”). Village and Developer are each a “Party ” and collectively they are the “Parties” to this Agreement. RECITALS WHEREAS, Developer is the owner of Lot 1, CSM 9655 in the Village (the “Property”), and has submitted to Village development plans for a mixed-use commercial and multi- family residential development on the Property, as generally depicted in Exhibit 1, attached hereto; and WHEREAS, the Village previously entered into a principal development agreement (the “Principal Agreement”) with the developer containing terms and conditions for the redevelopment of the Property, along with adjacent properties of Lot 2 of CSM 9655 and Lots 1 - 4 of CSM 9656, such Principal Agreement being documented with a Memorandum recorded with the Milwaukee County Register of Deeds on May 9, 2025 as Document #11505146; and WHEREAS, all terms and conditions of the Principal Agreement related to the Memorandum shall remain in full force and affect; and WHEREAS, the Principal Agreement requires all new development to receive plan and specification approval by the Village pursuant to the existing Business Planned Development zoning and Village Code Section 121-249; and WHEREAS, Developer has filed plans, specifications and documents for the development of the Property and this operational development agreement shall be deemed in compliance with Section 121- 9 and 121 -249 of the Village Code if favorably recommended by the Plan Commission and approved by the Village Board; and NOW, THEREFORE , the parties in consideration of the mutual covenants herein contained agree as follows: (1) Developer is hereby authorized to construct a mixed -use residential and commercial development in strict conformity with plans submitted to and approved by the Village, said plans attached hereto, made a part hereof and marked as follows (“Plans and Specifications”): Exhibit 1, Site Plan Exhibit 2, Building Elevations (Approved by the Brown Deer Building Board) Exhibit 3, Landscaping Plan (Approved by the Brown Deer Beautification Committee) (2) Developer will complete the development of the Property, with a total of at least 19,000 sq. ft. of leasable commercial space and 175 residential units with appropriate parking. Subsequent changes to plans shall be reviewed and approved pursuant to Village code Section 121-9. 2 (3) Developer agrees that the Property in whole or in part, shall not be used for any purpose which would render the Property, or any part thereof, exempt from real property taxes. This restriction shall govern the Property in perpetuity. (4) The Developer agrees to pay all reasonable expenses which the Village may incur by virtue of inspections, plan review, legal and engineering costs and studies appertaining to the Development. Expenditures which the Village may incur, by virtue of inspections, plan review, legal and engineering costs and studies appertaining to the Development are estimated not to exceed $10,000; however, in the event the Village incurs any expenditures which are not contemplated or foreseen at the date of this Agreement, said expenditures may exceed the $10,000 amount. (5) The Developer shall promptly pay the costs of work undertaken by Developer and does hereby indemnify the Village from any loss and hold it harmless from any liability for any debts or claims alleged to be due from the Developer to any person, including any agent, contractor, employee or subcontractor employed by, or under, Developer. (6) Developer shall provide a private rubbish removal system requiring no service by or cost to the Village. All rubbish, scrap, waste material, storage and collection shall be within interior or screened rodent-proof and covered facilities to be provided and maintained in accordance with the direction of the North Shore Health Department. The screened enclosur es shall be constructed of non-combustible materials that are designed to match the elevations of the primary buildings that they serve. The Village reserves the r ight to require additional enclosure space if there is an insufficient supply of storage space for the rubbish removal system. (7) Developer shall also establish a recycling program in accordance with Wisconsin State Statutes Chapter 287 and the Village ’s recycling ordinance. A collection system with adequate storage containers for recyclables must be provided for all recyclable material and this material must be collected and transported to a processing facility that separates and recycles appropriate items. All recyclable material, storage and collection shall be within interior or screened rodent - proof and covered facilities to be provided and maintained in accordance with the direction of the North Shore Health Department. The screened enclosures shall be constructed of non-combustible materials that are designed to match the elevations of the primary buildings that they serve. The Village reserves the right to require additional enclosure space if there is an insufficient supply of storage space for the recycling program. (8) Developer shall abide by applicable provisions of all of Village ordinances, including the Building Code, Zoning Code, Fire Prevention Code , construction site erosion control and storm water management ordinances. (9) Building permits for proposed new improvements associated with the Pr operty shall be issued following execution of this Agreement . No building permit shall be issued until the building’s construction plans have been approved by the Wisconsin Department of Safety and Professional Services and the Village Building Board in accordance with all applicable rules, regulations and ordinances. Furthermore, no building permit shall be issued until a written 3 statement is received from the supervising registered architect or engineer assuring the following statements: (a) The complete construction/renovation of said buildings shall be under the immediate supervision and control of said architect or engineer. (b) The registered architect or engineer shall supply to the Village Building Inspector, upon request, a certified report of any construction inspection deemed necessary by the Building Inspector under applicable rules, regulations and ordinances . Such certified report shall state in detail that all construction work has been executed in accordance with all applicable sections of the Wisconsin Administrative Code, approved plans, specifications and terms of the applicable permit. (c) No change in P lans and Specifications, which involve any provisions of the Wisconsin Administrative Code, Chapters SPS 361 through SPS 364, or Chapter SPS 366, shall be made unless such change is signed, sealed and dated by the architect, engineer, or designer who made the change and approved by the Wisconsin Department of Safety and Professional Services and/or the Village Building Inspector. (d) Prior to the issuance of a Certificate of Occupancy the registered architect or engineer shall submit to the Village Building Inspector a completion statement in the form required by the State of Wisconsin. (10) No building authorized by this Agreement shall be occupied until a Certificate of Occupancy or temporary Certificate of Occupancy Permit has been issued by the Village Building Inspector. A Certificate of Occupancy shall be issued after all improvements, construction and landscaping for said building are completed as required by this Agreement and also as may be required by State law and Village ordinance. (11) Developer shall abide by applicable provisions of all of Village ordinances, including the Building Code, Zoning Code, Fire Prevention Code , construction site erosion control and storm water management ordinances. (12) Building permits for proposed new improvements associated with the Pro perty shall be issued following execution of this Agreement . No building permit shall be issued until the building’s construction plans have been approved by the Wisconsin Department of Safety and Professional Services and the Village Building Board in accordance with all applicable rules, regulations and ordinances. Furthermore, no building permit shall be issued until a written statement is received from the supervising registered archi tect or engineer assuring the following statements: (a) The complete construction/renovation of said buildings shall be under the immediate supervision and control of said architect or engineer. (b) The registered architect or engineer shall supply to the Village Building Inspector, upon request, a certified report of any construction inspection deemed necessary by the Building Inspector under applicable rules, regulations and ordinances . 4 Such certified report shall state in detail that all construction work has been executed in accordance with all applicable sections of the Wisconsin Administrative Code, approved plans, specifications and terms of the applicable permit. (c) No change in P lans and Specifications, which involve any provisions of the Wisconsin Administrative Code, Chapters SPS 361 through SPS 364, or Chapter SPS 366, shall be made unless such change is signed, sealed and dated by the architect, engineer, or designer who made the change and approved by the Wisconsin Department of Safety and Professional Services and/or the Village Building Inspector. (13) No building authorized by this Agreement shall be occupied until a Certificate of Occupancy or temporary Certificate of Occupancy Permit has been issued by the Village Building Inspector. A Certificate of Occupancy shall be issued after all improvements, construction and landscaping for said building are completed as required by this Agreement and also as may be required by State law and Village ordinance. (14) The Developer shall landscape in general accordance with the Landscaping Plan as approved by the Village Beautification Committee ( Exhibit 3) and the landscape plan approved as part of the Principal Agreement for the Property. All landscaping and ingress and egress drives on the Property shall be maintained by the Developer or its successor in a state of good maintenance and repair as reasonably determined by the Village Manager under applicable rules, regulations and ordinances and in the event of default thereof, the Village may provide written notice to the Developer. If the Developer fails to correct the default within no less than 30 days after such notice is delivered to the Developer, subject to Force Majeure, the Village m ay do so and assess the cost against the Property, consistent with Wisconsin Statutes section 66.0627. Grass of a variety typical of sod and not to include that of a native prairie style or decorative grasses designed for greater lengths shall be kept cut to a height of not more than four (4) inches . Landscaping for this purpose shall mean bushes, shrubbery, trees, grass and other items or appurtenances necessary to maintain a pleasing and attractive appearance. Dead trees, bushes and shrubbery, shall be removed and immediately replaced, as commercially reasonable, at the direction of the Village Manager or his designee and in accordance with the Landscaping Plan (Exhibit 3). (a) Vegetation shall be kept trimmed back from the lighting fixtures, fire hydrants and any other utilities that extend from the ground or buildings on the Property. (15) Signs on the Property shall, at all times, conform to Village sign regulations as found in Chapter 121 of the Village Code (a) All external signs and subsequent changes shall be submitted for review and approval by the Village of Brown Deer Building Board. This document does not grant approval of signage. (16) The Developer shall comply with Village Zoning Code performance standards relating to noise, vibration, odor, smoke and dust. 5 (17) The Property shall be appropriately illuminated in order to protect public safety. (a) An exterior lighting plan shall be reviewed and approved by the Village Police Department prior to installation of lighting fixtures. (b) Illumination of off -street parking and loading areas shall be arranged to shield the adjacent properties and streets from direct rays of light and glare. No Property lighting shall trespass more than 0.1 foot candles of horizontal illumination across adjoining or nearby residentially zoned property lines and no more than 0.5 foot candles of horizontal illumination across adjoining or nearby commercially zoned property lines as measured twelve (12) inches above grade, unless otherwise set forth on Villa ge-approved Plans and Specifications. (c) All lighting, except security lighting, shall be extinguished no later than sixty (60) minutes after the close of business of the Pro perty being served, except as may otherwise be authorized by the Village Board. (d) All lighting fixtures shall be maintained in working order. (18) The Developer shall provide parking spaces to serve the Property in accordance with the requirements of the site plan. (a) The parking areas shall not be used by rental agencies for parking of rental trailers, trucks, automobiles, or other vehicles, unless said vehicles are accessory to the approved use of the Property. (b) The parking of motor vehicles, with attached advertising graphics and/or logos, intended to act as additional signage for the Pro perty is prohibited, unless said vehicles are accessory to the approved use of the Property. (c) Exterior parking or storage of recreation vehicles, structures, un- mounted campers or un-mounted boats or snowmobiles is prohibited. (d) The Developer shall prohibit the use of parking on the Property that is not accessory to the existing building use therein. Non operable, unlicensed or j unk and/or abandoned vehicles shall be removed by the Developer or its successor within five (5) days upon receipt of written notification from the Village. (e) Snow storage within any parking area shall not interfere with the orderly flow of traffic and shall not obstruct any vision triangles. (f) All pavement markings and crosswalks are required to be in a state of good repair. 6 (g) Publicly accessible bicycle parking shall be provided at the Property. (h) The number of on- site parking spaces to be provided by the Developer is shown in Exhibit 1. Based on Section 121-299 of the Village Code, the required number of spaces for the Pro perty may be higher or lower; however, the determination of the Village Board is to allow for the flexibility of parking standards in conjunction with Section 121- 298 and the Village Board may determine that the provided number of spaces is sufficient for the Property. (19) All applicable permits/licenses/approvals shall be obtained prior to commencing construction and/or operation of the Property. (20) If there are any code, law, ordinance or regulation violations, deficiencies, or any hazardous conditions with respect to any use of the Pro perty or any building or site improvements on the Property, the Developer shall correct any hazardous conditions immediately and shall correct any other deficiencies or violations within thirty (30) days of written notification, of if such deficiencies of violations cannot be cured within thirty (30) days, then within a reasonable period of time , provided the Devel oper promptly commences and diligently pursues such cure. This provision does not limit the Village from taking any other action not otherwise inconsistent with this Agreement to enforce any provisions of the Village ordinances or this Agreement. (21) The Developer agrees to safeguard the buildings on the Property from fire as follows: (a) Fire lanes shall be maintained, posted and lighted as directed by the Police Department of the Village and no parking shall be allowed in such fire lanes. (b) Approved automatic sprinkler equipment shall be installed in the Property in conformity with NFPA Standard No. 13, and shall be maintained as specified in NFPA Standard No. 25. Plans for this sprinkler system shall be submitted to and approved by the North Shore Fire Department. (c) The entire fire protection and prevention system in the Property shall be connected to a central alert system so as to effectively alert occupants within the building. This alert system shall be connected to the North Shore Fire Department system. No building will be allowed to be occupied until the complete fire prevention and protection system of the building has been installed by the Developer and tested and approved by the North Shore Fire Department. (d) Service drives and water mains together with fire hydrants on the Property must be installed before any combustible portion of the building at the Property is built. All service and access drives to the Property and accessibility to all fire hydrants at t he Property must be maintained in a condition suitable for travel of fire apparatus. Sufficient fire hydrants must be installed upon the Property in accordance with the Village Fire Prevention Code. 7 (e) The Developer shall maintain a Fire Department Knox Box, to house a Principal Key to all doors and sprinkler and alarm systems (for commercial components of the Property ) and shall contact the North Shore Fire Department for application and details in installation. (22) All commercial occupants of the Property shall furnish the Police Department with a written list containing names, addresses and telephone numbers of the individuals who can be contacted should an alarm occur at the building. This information shall be submitted to the Police Department five (5) d ays prior to the installation of any new alarm system. Additionally, notification of any change in the person or persons to be contacted shall be made within five (5) days of the actual change in the person(s) to be contacted. (23) The Developer agrees to safeguard the Property with respect to crime prevention as follows: (a) Prior to occupancy of the Property a plan of the proposed building shall be provided to the Village Police Department showing the use, type, size and location of security crime prevention equipment to include, but not be limited to the following: Locking devices and related components (mechanical and electrical), doors, door systems (internal and external), vent covering methods (for openings 10 inches by 10 inches or greater), glazing materials, luminaries (internal and external), and any other crime prevention/detection equipment that is or may be utilized on the Property. (b) Prior to occupancy of the Property, the Developer shall provide the Village Police Department with a statement describing proposed procedures to be utilized with respect to proposed security system/hardware indicated above. (c) Prior to occupancy of the Property, the Developer will meet with a representative of the Village Police Department to conduct a crime prevention evaluation and to make recommendations to the Developer on how to reduce criminal opportunity on the Property. Additionally, the Village Police Department, will advise the Developer how to increase building protection by use of security equipment, electronic surveillance and any other crime prevention techniques which may improve both occupancy and site protection. The Developer shall meet with the Police Department annually to review crime prevention measures. The meetings shall be held more frequently if deemed necessary by the Police Department. (24) The Developer shall: (a) To the extent necessary for the proposed improvements on the Property, provide the Village with a complete set of utility construction as -built drawings in AutoCAD format (*.DWG). Plan and profile sheets shall indicate as -built data without removing original data from the drawings. These as-built drawings shall be labeled as "as- built" within the title block of each sheet. (b) To the extent necessary for the proposed improvements on the Property, provide the Village with a Principal grading plan in AutoCAD format (*.DWG). 8 The Principal grading plan shall indicate the elevations of all lot corners, grade breaks, drainage swales and storm water detention areas without removing original data from the drawings. The proposed finished grade shall be shown for each proposed structure. (25) Exterior servicing, processing or st orage of retail merchandise shall be prohibited on the Property along with the use of outdoor vending machines and/or displays except as may otherwise be authorized by the Village Board. (26) If the Property uses require shopping carts, properly anchored cart corrals shall be provided in the parking areas on the Property. Said cart corrals shall be as approved by the Village and maintained in good repair and free of deficiencies. The cart corrals shall be emptied frequently during business hours, and the carts stored inside of the building on the Property. All carts shall be stored inside overnight, and outdoor storage of carts is prohibited. Carts are not allowed off premise and any carts removed from the premise shall be returned to the inside of the building for overnight storage. (27) All uses of the property are subject to the land use terms of the Principal Agreement. (28) Storm Water Management practices shall be in accordance with the Village of Brown Deer Storm Water Management Ordinance. A stormwater management permit, agreement and plan shall be filed with the Village and the agreement recorded with the Milwaukee County Register of Deeds. (29) Provide the Village all easements required to permit public cross access to the properties north, south, and east of the Property. (30) Except as provided otherwise in this Agreement , the covenants, agreements, restrictions and provisions contained herein constitute covenants running with the land and shall be binding on all parties, their heirs, assigns and successors having an interest in the land affected hereby for a period of twenty-five (25) years from the date this instrument is recorded, after which time this instrument shall automatically be extended for successive periods of ten (10) years. However, upon a showing of reasonable cause, the Board of the Village may relieve the Developer from such covenants, agreements, restrictions, or any of them, before the expiration of twenty-five (25) years or thereafter by the adoption of a resolution so doing. The covenants herein contained may be enforced by proceedings at law or in equity by the Village against any person or persons violating or attempting to violate the same. At such time as Developer transfer or conveys any interest in the Property (after completion thereof and issuance of a Certificate of Occupancy), any transferee shall then be liable for all obligations hereunder that arise after the date of such transfer and Developer shall be released therefrom. The Village shall receive written notification of any transfer or conveyance of the Property, or any part thereof. 9 (31) Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any Party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage pre -paid, return receipt requested, or delivered personally, and (a) in the case of Developer is addressed to or delivered personally to: Woodsonia Brown Deer, LLC Attn: Mitch Hohlen, Drew Snyder 20010 Manderson Street, Suite 101 Elkhorn, NE 68022 (b) in the case of Village is addressed to or delivered personally to: Village of Brown Deer 4800 West Green Brook Drive Brown Deer, WI 53223-2496 Attn: Village Manager 10 IN WITNESS WHEREOF , the Parties hereto have executed this Agreement as of the date indicated. Woodsonia By: Name: __________________ Title: ___________________ Dated: December , 202. STATE OF WISCONSIN ) ) ss MILWAUKEE COUNTY ) Personally came before me this ____ day of December ___, 202, the above -named ___________________, the ____________________, of Woodsonia LLC, a __________________ company, to me known to be the person who executed the foregoing instrument and acknowledged the same, as the act and deed of said company, by its authority. Notary Public, State of Wisconsin My Commission expires: 11 VILLAGE OF BROWN DEER, WI By: Name: Wanda Montgomery Title: President Dated: , 202. By: Name: Caren Brustmann Title: Village Clerk Dated: , 202. STATE OF WISCONSIN ) ) ss MILWAUKEE COUNTY ) Personally came before me this ____ day of December ____, 202 6, the above -named Wanda Montgomery, the Village President and Caren Brustmann, the Village Clerk, of the Village of Brown Deer, a Wisconsin municipal corporation, to me known to be the person s who executed the foregoing instrument and acknowledged the same, as the act and deed of said municipal corporation, by its authority. Notary Public, State of Wisconsin My Commission expires: This Agreement was drafted by Attorney Alan Marcuvitz 12