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Home My WebLink AboutOrdinance 2006 (737) r' AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Section; 17.29 (2) (a) -(g). Ordinance No. - 73 - 2 (ZL 2 ) St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: WHEREAS, St. Croix County Code of Ordinances Land Use and Development Chapter 17 Zoning Subchapter III Shoreland Zoning grading and filling requirements are not consistent with grading and filling standards in the general zoning districts and the Lower St. Croix Riverway Overlay District. THEREFORE, Subchapter III, §17.29 of the St. Croix County Code of Ordinances is hereby amended as shown below, effective September 1, 2006. 17.29 (2) (a) —(g). (2) RESTRICTIONS TRIC'TT/INS ON FILLING AND GRADING. (a) There shall be no filliffg or- grading of any area at or- below the Ofdinai=y High Watef Nlafk of a navigable body of water- wifliout first ebtaining a speeial eyceeptien permit i readred b th Tlo...,,-�.�. en t ,.f N 1 D o bt a i ne d . +v.i...0 v.� ...� uav i. vl..ra.0 uaavaia. vi i.u�ua ua a��.avui vv 1 b (b) Thefe shall be no filling or- grading of any area that is inizmdated ef likely to be- ip,undated with water- abeve the Ordinafy High Water- Mar-k witheut fiFst obtaining a filliffg Board of Adjustment. (e) The pfeNisiens of paf. (a) above shall alse apply te any filling of grading of any afe a bl e b e F.,, a t eF i f th w il 1. e navig vv�a , 1. Any filling or- grading ef slepes ef mefe than 24 2. Filling ef grading ef mer-e than 1,000 sq. ft. en slepes of 12 0 3. Filling E)r- gFading ef mer-e than 2,000 sq. ft. on slepes of less than 0 (a) Filling, and grading of less than 2,000 sq ft within 300' of the OHWM (measured horizontally) that does not involve any sloped areas 12% or jueater (measured over a horizontal distance of 50'), and is not an area likely to be inundated by high water, are allowed without a permit. 1 r' AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Section; 17.29 (2) (a) -(g). Ordinance No. - 73 - 2 (ZL 2 ) St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: WHEREAS, St. Croix County Code of Ordinances Land Use and Development Chapter 17 Zoning Subchapter III Shoreland Zoning grading and filling requirements are not consistent with grading and filling standards in the general zoning districts and the Lower St. Croix Riverway Overlay District. THEREFORE, Subchapter III, §17.29 of the St. Croix County Code of Ordinances is hereby amended as shown below, effective September 1, 2006. 17.29 (2) (a) —(g). (2) RESTRICTIONS TRIC'TT/INS ON FILLING AND GRADING. (a) There shall be no filliffg or- grading of any area at or- below the Ofdinai=y High Watef Nlafk of a navigable body of water- wifliout first ebtaining a speeial eyceeptien permit i readred b th Tlo...,,-�.�. en t ,.f N 1 D o bt a i ne d . +v.i...0 v.� ...� uav i. vl..ra.0 uaavaia. vi i.u�ua ua a��.avui vv 1 b (b) Thefe shall be no filling or- grading of any area that is inizmdated ef likely to be- ip,undated with water- abeve the Ordinafy High Water- Mar-k witheut fiFst obtaining a filliffg Board of Adjustment. (e) The pfeNisiens of paf. (a) above shall alse apply te any filling of grading of any afe a bl e b e F.,, a t eF i f th w il 1. e navig vv�a , 1. Any filling or- grading ef slepes ef mefe than 24 2. Filling ef grading ef mer-e than 1,000 sq. ft. en slepes of 12 0 3. Filling E)r- gFading ef mer-e than 2,000 sq. ft. on slepes of less than 0 (a) Filling, and grading of less than 2,000 sq ft within 300' of the OHWM (measured horizontally) that does not involve any sloped areas 12% or jueater (measured over a horizontal distance of 50'), and is not an area likely to be inundated by high water, are allowed without a permit. 1 J � 1 All disturbed areas shall be stabilized with permanent vegetation as soon as possible following construction BMP's (i.e. silt fence mulch) shall be employed to minimize erosion of disturbed areas until permanent vegetation is established. (b) Filling and grading of less than 1,000 sq ft within 300' of the OHWM (measured horizontally), that involves any slowed areas Qreater than 12% and less than 25% ,(measured over a horizontal distance of 50') and is not an area likely to be inundated by high water, are allowed without a permit. 1 All disturbed areas shall be stabilized with permanent vegetation as soon as possible following construction BMP's (i.e. silt fence mulch) shall be employed to minimize erosion of disturbed areas until permanent vegetation is established. (c) Except as provided for in parts a) and (b) above filling, and grading of less than 10,000 square feet within 300 ft of the OHWM (measured over a horizontal distance of 50') are allowed with a land use permit if the following standards are met: 1. Submittal of a complete application. 2. General Site plan including: a. Property boundaries. b. Existing and proposed structures. c. The location of structures on adjoining properties. d. Soil types. e. Grading limits 3 A stormwater management ment plan with calculations that meets the performance standards described in NR 151 Subchapter III, Non -Ag Performance Standards. 4 An erosion and sediment control plan for the project area that includes the following: a. Description of construction sequencing. b Contact information for property owner, grading contractor, and erosion control subcontractor as applicable. C. Pre and post construction 2 -foot contours. d. Pre and post construction drainage patterns. e. The locations and quantities of all BMPs. f. Location of the OHWM and the OHWM setback. g. Wetland boundaries. h. Existing and proposed wells and POWTS. i. Existing and proposed vegetation. 1. Areas disturbed within 75 feet of the OHWM shall be restored with native vegetation (trees, shrubs, ground cover). 2 Only non- phosphorus fertilizers may be used to establish and maintain a lawn in areas disturbed by grading and filling activities. 2 5. Thu Zoning Administrator may waive any requirement identified in 2 through 4 above it it is determined that the requirement is not pertinent to the scope of the project. 6. Construction ma r� proceed until the. - Zon Administrator has approved the plans. 7. The property owner shall execute and record an affidavit referencing the approved storm water management plan and maintenance requirements with the County Register of Deeds within 30 days after construction is completed a) The affidavit shall alert subsequent purchasers of the land of the maintenance requirements of the plans. b) The property owner shall submit a copy of the affidavit along with a record drawing; and photos of the storm water retention/detention devi drainage ways to theLZoning Administrato?. (d) Filling and grading any area equal to or greater than 10,000 square feet shall require a special exception permit and be subject to the provisions in § §17.70 (5)-7 ). (de) Any construction or land disturbance activities other than for public improvements affecting slopes 25% or greater with the slope measured over a horizontal distance of 50', shall be prohibited. (e fl Any construction or land disturbance activities for public improvements affecting slopes 30% or greater with the slope measured over a horizontal distance of 50', shall be prohibited. (g ) Filling or ading o, of any area at or below the OHWM of a navigable body of water requires approval by the Wisconsin Department of Natural Resources. Offered by the Planning and Zoning Committee on August 8, 2006. YES NO ABSTAIN ABSENT SUPERVISOR SIGN T E ® ❑ ❑ ❑ Wallace Habbegger r / y ® ❑ ❑ ❑ Lois Burn ® ❑ ❑ ❑ Stan Krueger ® ❑ ❑ ❑ Eugene Ruetz ® ❑ ❑ ❑ Ronald Troyer _ This Resolution was adapted by the St. Croix County Board Reviewed by Corporation Counsel on '3 /5 bra of Supervisors on ItV645 -- i5 U 42 Greg Tim erman, Corporation Counsel Cindy Campbell, County Cler 3 STATE OF WISCONSIN COUNTY OF ST. CROIX 1, Cindy Campbell, St. Croix County Clerk, DO HEREBY CERTIFY that the f regoing is a true and correct copy f adopted by the County B and of Supervisors � theimeeting held Cindy pbeil, St. Croix County Cle