HomeMy WebLinkAboutOrdinance 2005 (696) AMENDMENT TO ST. CROIX COUNTY CODE OF ORDINANCES:
AMENDMENTS TO SECTION 17.36, ST. CROIX RIVER VALLEY DISTRICT
and SECTION 17.09, DEFINITIONS
Ordinance No. (Ab L 200S)
St. Croix County, Wisconsin
The St. Croix County Board of Supervisors does ordain as follows:
WHEREAS, Section 17.36, St. Croix River Valley District, St. Croix County Code of
Ordinances, needs to be updated to conform to current governing state statutes and
administrative codes.
THEREFORE, Section 17.36, St. Croix River Valley District, of Chapter 17 of the St. Croix
County Code of Ordinances is hereby repealed and the attached "County Board Draft" of Section
17.36, dated June 21, 2005, is hereby enacted as Section 17.36, St. Croix County Lower St.
Croix Riverway Overlay District, of Chapter 17 of the St. Croix County Code of Ordinances; and
THEREFORE, Section 17.09, Definitions, of Chapter 17 of the St. Croix County Code of
Ordinances is hereby amended to include the attached "County Board Draft" dated June 21,
2005.
Offered by the Planning and Zoning Committee on June 21, 2005.
NEGATIVE AFFIRMATIVE
Reviewed on 2005.
Greg lTmlerman, Corporation Counsel STATE OF WISCONSIN
COUNTY OF ST. CROIX
I, Cindy Campbell, St. Croix
County Clerk, DO HEREBY Cr- c - `TY that
Duly adopted on June 21 , 2005. the foregoing is a true and co, opy of
adopted by the Co-1, Beard of Supervisors
at their meeting helot _ � UCS'
Cindy Cam bell, County Clerk
Cin !y amr..h .. ..l, c. roix county Clerk
NINE-
ST. CROIX COUNTY
CODE OF ORDINANCES
LAND USE AND
DEVELOPMENT
SUBCHAPTER III.V
SECTION 17.36
LOWER ST. CROIX RIVERWAY
OVERLAY DISTRICT
ENACTED JULY 1 2005
ST. CROIX COUNTY PLANNING AND Z,NM.; DEPARTMENT
GOVERNME CENTER
I 1 0 1
HUDSON, wi <o�
715-38 6-4680
715-386-4686 FAX
Jul 1, 2005 17.36 Table of Contents
17.36 TABLE OF CONTENTS
A. TITLE, AUTHORITY AND EFFECTIVE DATE ................................. ..............................1
1. TITLE .................................................................................................. ..............................1
2. AUTHORITY ........................................................................................ ..............................1
3. EFFECTIVE DATE ................................................................................ ..............................1
B . PURPOSE ................................................................................................... ..............................1
1. PURPOSE ............................................................................................. ..............................1
C. APPLICABILITY ...................................................................................... ..............................2
1. BOUNDARIES ....................................................................................... ..............................2
D . INTERPRETATION ................................................................................. ..............................3
1. COMPLIANCE ...................................................................................... ..............................3
2. ABROGATION ...................................................................................... ..............................3
3. LIBERAL CONSTRUCTION .................................................................. ..............................3
4. SEVERABILITY .................................................................................... ..............................3
E. LIMITATION OF ACTION ..................................................................... ..............................3
1. CLAIMS ............................................................................................... ..............................3
F. LAND USES AND STRUCTURES .......................................................... ..............................3
1. ALLOWED USES AND STRUCTURES .................................................... ..............................3
2. PERMITTED USES AND STRUCTURES ................................................. ..............................4
3. SPECIAL EXCEPTION USES AND STRUCTURES ................................... ..............................4
4. PROHIBITED USES ............................................................................... ..............................4
G. GENERAL PROVISIONS ........................................................................ ..............................5
1. MINIMUM LOT SIZE ........................................................................... ..............................5
2. MINIMUM LOT WIDTH ....................................................................... ..............................5
3. DENSITY STANDARDS ......................................................................... ..............................5
4. STRUCTURE HEIGHT .......................................................................... ..............................5
5. STRUCTURE SETBACKS ...................................................................... ..............................5
H. PERFORMANCE STANDARDS ............................................................. ..............................6
1. STRUCTURE COLOR ............................................................................ ..............................6
2. SIGNS ................................................................................................... ..............................6
3. SLOPE PRESERVATION ZONE ............................................................. ..............................7
4. STRUCTURAL EROSION CONTROL ..................................................... ..............................7
5. FILLING AND GRADING ...................................................................... ..............................8
6. ROCK RIPRAP AND SHORELAND PROTECTION .................................. ..............................8
7. STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL PLANS .........9
8 . VEGETATION MANAGEMENT ............................................................ .............................10
9. POWTS ............................................................................................. .............................12
10. LAND DIVISIONS ................................................................................ .............................12
11. WIRELESS COMMUNICATION AND OTHER TRANSMISSION FACILITIES .......................12
12. STAIRWAYS ........................................................................................ .............................13
13. LIFTS .................................................................................................. .............................14
14. PUBLIC AND PRIVATE ROADS ........................................................... .............................14
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -i
17.36 Table of Contents July 1, 2005
15. BED AND BREAKFAST OPERATIONS .................................................. .............................15
16. NATURE - ORIENTED, EDUCATIONAL NON- PROFIT FACILITIES ....... .............................15
I. NONCONFORMING USES AND STRUCTURES AND SUBSTANDARD LOTS .......15
1. NONCONFORMING USES .................................................................... .............................15
2. NONCONFORMING PRINCIPAL STRUCTURES .................................... .............................16
3. NONCONFORMING ACCESSORY STRUCTURES .................................. .............................18
4. SUBSTANDARD LOTS .......................................................................... .............................19
5. MITIGATION REQUIREMENTS ........................................................... .............................19
J ADMINISTRATION ................................................................................ .............................20
1. LAND USE PERMIT PROCEDURES ..................................................... .............................20
2. SPECIAL EXCEPTION AND VARIANCE PROCEDURES ........................ .............................20
3. REASONABLE ACCOMMODATION FOR DISABLED PERSONS ............ .............................22
4. AMENDMENT PROCEDURES .............................................................. .............................23
5. PUBLIC HEARING PROCEDURES ....................................................... .............................23
6. DECISIONS .......................................................................................... .............................24
7. EXPIRATION ....................................................................................... .............................24
8. COMPLIANCE AND REVOCATION ...................................................... .............................24
K. LEGAL DESCRIPTION OF BOUNDARY ........................................... .............................25
1. STATE BOUNDARY ............................................................................. .............................25
2. FEDERAL BOUNDARY ........................................................................ .............................26
17.36 -ii St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 A. Authorit
ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT
SUBCHAPTER III.V, SECTION 17.36 - ST. CROIX COUNTY LOWER ST.
CROIX RIVERWAY OVERLAY DISTRICT
The Board of Supervisors of St. Croix County, Wisconsin, does ordain as follows:
The St. Croix River Valley District, Subchapter III, Section 17.36 as amended on Jan.
1, 1976, Jul. 1, 1980, Oct. 1, 1986, and Feb. 15, 2000, is repealed and recreated as
follows:
A. TITLE, AUTHORITY AND EFFECTIVE DATE
1. TITLE
a. This subchapter shall be cited as the "Lower St. Croix Riverway Overlay District" and
hereinafter referred to as the " Riverway District."
2. AUTHORITY
a. This subchapter is enacted pursuant to the authority granted by Wisconsin Statute §
30.27 and Wisconsin Administrative Code NR118.
b. The County Zoning Administrator shall administer this subchapter pursuant to
Wisconsin Statute § 59.69.
c. Any mandatory amendments, repeals or recreations to the statutes pertaining to the
subject matter of this subchapter are incorporated into this subchapter as of the effective
date of amendment, repeal or recreation.
3. EFFECTIVE DATE
a. This subchapter shall be effective on July 1, 2005. Ordinance No. 696/(2005)
Amendments To Section 17.36, St. Croix River Valley District And Section 17.09,
Definitions.
B. PURPOSE
1. PURPOSE
a. The purpose of this subchapter is to promote the public health, safety, and general welfare
by:
1) Reducing the adverse effects of overcrowding and poorly planned shoreline and
bluff area development.
2) Preventing soil erosion and pollution and contamination of surface water and
groundwater.
3) Providing sufficient space on lots for sanitary facilities.
4) Minimizing flood damage.
MW
St. Croix County Lower St Croix Riverway Overlay District 17.36 -1
17.36 C. Applicability JuIv 1, 2005
5) Maintaining property values.
6) Preserving and maintaining the exceptional scenic, cultural, and natural
characteristics of the water and related land of the Lower St. Croix Riverway in a
manner consistent with the National Wild and Scenic Rivers Act (P.L. 90 -542),
the Federal Lower St. Croix River Act of 1972 (P.L. 92 -560) and the Wisconsin
Lower St. Croix River Act (Wisconsin Statute § 30.27).
C. APPLICABILITY
1. BOUNDARIES
a. The Lower St. Croix Riverway District is an overlay zoning district; this subchapter
applies in addition to other zoning regulations found in Chapter 17 to any area falling
within the Riverway District boundary.
b. This subchapter applies to all unincorporated land in the State and Federal Zones of the
Riverway District of St. Croix County. The boundaries of the Riverway District are
shown in § 17.36K. and are found in the Code Of Federal Regulations. The same
boundaries are shown on the map identified as the St. Croix Riverway Overlay District
Map, which is on file in the office of the Planning and Zoning Department. The legal
description and maps referred to above are made a part of this subchapter.
c. Within the unincorporated lands of St. Croix County, the Riverway District falls under
the Rural Residential and Conservation Management Zones as defined in Wisconsin
Administrative Code NR 118.04:
1) The rural residential management zone is mostly single - family residences on large
lots in a low- density rural environment, with little or no commercial development.
Most of the district is wooded, with scattered residential structures. Residential
lawns are limited near the river's shore and the shore area is primarily natural in
appearance.
a) The rural residential management zone is established in all of the following
locations:
i. In an area bounded on the north by the Arcola High Bridge and on the
south by the north boundary of Sections 13 and 14, Township 29 North,
Range 20 West in the North Hudson.
ii. In an area bounded on the north by the south corporate boundary of the
City of Hudson, as it existed on June 1, 2004, to the north boundary of
Pierce County.
2) The conservation management zone is primarily natural and mostly wooded, with
some single - family residences. Shoreline areas are natural and do not contain
residential lawns.
a) The conservation management zone is established in the following location:
i. In an area bounded on the north by the south boundary of Polk County,
and on the south by the Arcola High Bridge.
17.36 -2 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 D. Interpretation
D. INTERPRETATION
1. COMPLIANCE
a. No development of land or water shall hereafter be implemented and no use, structure
or part thereof shall be located, erected, moved, reconstructed, extended, enlarged,
converted or structurally altered without full compliance with provisions of this
subchapter and all other applicable local, State and federal regulations.
2. ABROGATION
a. If any provision of this subchapter conflicts with any provision of Chapter 17, the more
restrictive provision shall apply.
b. This subchapter is not intended to repeal, abrogate or impair any existing deed
restrictions, covenants or easements. However, where this subchapter imposes greater
restrictions, the provisions of this subchapter shall take precedence.
3. LIBERAL CONSTRUCTION
a. The provisions of this subchapter shall be liberally construed in favor of St. Croix
County and shall not be construed to be a limitation or repeal of any other power now
possessed or granted to St. Croix County.
4. SEVERABILITY
a. Should any portion of this subchapter be declared invalid or unconstitutional for any
reason, by a court of competent jurisdiction, the remainder of this subchapter shall not
be affected.
E. LIMITATION OF ACTION
1. CLAIMS
a. Pursuant to Wisconsin Statutes § 59.69(14), a land owner, occupant or other person
affected by this subchapter or amendment hereto who claims that this subchapter or
amendment is invalid because procedures prescribed by the statutes or the subchapter
were not followed in enacting this subchapter or amendment hereto shall commence a
court action within six months after enactment of this subchapter or amendment or be
forever barred.
F. LAND USES AND STRUCTURES
1. ALLOWED USES AND STRUCTURES
a. The following uses are allowed in the Riverway District without a permit:
1) Nonstructural conservancy and open space uses associated with maintaining the
value of certain lands for natural areas, scenic preservation, recreation, wildlife
management, water and soil conservation and other such purposes.
2) Nonstructural agricultural and forestry uses, including silviculture in compliance
with Wisconsin Administrative Code Chapter NR 118.06(6).
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -3
17.36 F. Land Uses and Structures Julv 1, 2005
3) Routine pruning of trees and shrubs to improve their health and vigor, provide a
filtered view of the Lower St. Croix River, herein after referred to as "the river,"
prevent property damage, and removing trees that pose an imminent safety hazard
to persons or structures.
4) Docks, piers, and wharves subject to Wisconsin Department of Natural Resources
(WDNR) administrative rule standards and Army Corps of Engineers permit
requirements.
2. PERMITTED USES AND STRUCTURES
a. The following uses and structures are allowed in the Riverway District subject to the
standards in § 17.36H. and with a land use permit from the St. Croix County Zoning
Administrator:
1) Single - family residence and accessory uses and structures.
2) Filling and grading less than 10,000 square feet outside of the slope preservation
zone and greater than 40 feet from the slope preservation zone.
3) Signs per § 17.36H.2.
4) Structural erosion control measures constructed outside of slope preservation
zones.
5) Rock riprap and other shoreland protection measures per § 17.36H.6.
6) Vegetation removal per § 17.36H.8.
7) Public parks, areas devoted to natural resource management and interpretation,
waysides, rest areas, information areas, and scenic overlooks.
8) Governmental structures used as information centers or for resource management to
improve the fish and wildlife habitat, provided that they meet all other provisions of
this subchapter.
9) Accessory structures.
3. SPECIAL EXCEPTION USES AND STRUCTURES
a. The following uses and structures are allowed in the Riverway District with a special
exception permit subject to the standards in § 17.36H. and approval by the St. Croix
County Board of Adjustment:
1) Land divisions.
2) Wireless communication service and other transmission facilities.
3) Stairways and lifts.
4) Filling and grading less than 10,000 square feet in slope preservation zones that
do not directly face the river and do not drain directly to the river.
5) Filling and grading within 40 feet of a slope preservation zone.
6) Filling and grading 10,000 square feet or more outside of the slope preservation
zone.
7) Structural erosion control measures in slope preservation zones.
8) Public and private roads serving two or more properties or single - family
residences.
9) Bed and breakfast operations.
10) Private, non - profit, nature- oriented educational facilities.
11) Minor home occupations per § 17.155(5) of this ordinance.
4. PROHIBITED USES
a. Within the Riverway District, all uses or structures not listed as allowed, permitted, or
special exception uses are prohibited.
17.36 -4 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 G. General Provisions
G. GENERAL PROVISIONS
1. MINIMUM LOT SIZE
a. The minimum lot size shall be governed by the base - zoning district.
b. Minimum net project area for each lot shall be at least one acre.
c. If the lot is not served by a public sewer or common system, the lot shall have adequate
room for one single - family residence and two POWTS.
2. MINIMUM LOT WIDTH
a. In the rural residential management zone, the minimum lot width shall be 200 feet
measured at the building line and at the side of the lot nearest the river.
b. In the conservation management zone, the minimum lot width shall be 250 feet
measured at the building line and at the side of the lot nearest the river.
3. DENSITY STANDARDS
a. There may be no more than one principal structure on each parcel.
4. STRUCTURE HEIGHT
a. The maximum structure height shall be measured between the average ground elevation
and the uppermost point of the structure, excluding chimneys.
1) The maximum height for principal structures in the rural residential management
zone shall be 35 feet.
2) The maximum height for principal structures in the conservation management
zone shall be 25 feet.
3) The maximum height for accessory structures in both management zones shall be
governed by the base - zoning district.
4) Wireless communication service and other transmission facilities must meet the
height requirements in Subchapter VIII of this ordinance.
5. STRUCTURE SETBACKS
a. On structures existing prior to the effective date of this subchapter, all setbacks shall be
measured on a horizontal plane from the foundation of the structure at the point of the
structure that is nearest the Ordinary High Water Mark (OHWM), bluffline, or property
line.
1) On modifications or additions to existing structures, roof overhangs shall not
encroach within the required setbacks more than three feet, and any cantilevered
portions of the structure must meet the required setbacks.
b. On new structures constructed after the effective date of this subchapter, all setbacks
shall be measured on a horizontal plane from the roof overhang and any cantilevered
portions of the structure at the point of the structure that is nearest the OHWM,
bluffline, or property line.
c. All structures except docks, piers, wharves, structural erosion control measures,
stairways, and lifts shall meet the following:
1) OHWM Setback: At least 200 feet from the OHWM of the Lower St. Croix
River.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -5
17.36 G. General Provisions Jul 1, 2005
2) Bluffline Setback: At least 100 feet from the bluffline in the rural residential
management zone, and 200 feet from the bluffline in the conservation
management zone.
a) Structures that do not meet the setback may be permitted within the bluffline
setback area if they are set back at least 40 feet from the bluffline and meet all
of the following standards:
i. The structure does not protrude above the bluffline as viewed from at or
near the mid -line of the river or from 250 feet riverward from the OHWM
whichever is less.
ii. The structure is not located in a slope preservation zone.
iii. The structure utilizes building materials that are earth tone in color and of
a non - reflective nature, except that windows may be made of ordinary
window glass or non - reflective glass, but may not be made of glass
designed to reflect more light than ordinary window glass.
iv. The structure is visually inconspicuous.
3) Sideyard Setback: At least 25 feet from all exterior lot lines.
� pp' yw� ( y � j t �, ,,,$sy ' •
M UA n Mi7a`. I'1'1all
Mural Roilldential Conservation..
Lot Size, Minimum Governed by the Base Zoninq District Governed by the Base Zoninq Distric
Net Project Area. Minimum 1 acre + room for 1 single- family 1 acre + room for 1 sinqle -famil
residence and 2 POWTS residence and 2 POWTS
hi i t xlnium , 1 sin gie -fsim [y resid nc liot :; A sire - farrier
Lot Width at Buildinu Line. 200 feet 250 fee
Riverwar
36 feet
Height. Accessory Structure Governed by the Base Zoning District Governed by the Base Zoning Distric
�. 200 feet
Bluffline Setback 100 feet, 40 feet with performance 200 feet, 40 feet with performanc
standards standards
B ck 25 feet 25°
H. PERFORMANCE STANDARDS
1. STRUCTURE COLOR
a. All new, expanded, or reconstructed structures shall be earth tone in color.
b. Structures designated as historic buildings on local, State, or national historic registers
or located in designated historic districts shall either be earth tone in color or colored
appropriate to the period in history for which they are designated.
2. SIGNS
a. Signs are allowed with a land use permit per §§ 17.155, 17.30, and 17.65, and if one or
more of the following standards are met:
1) The sign is approved by State or local government and is necessary for public
health or safety.
2) The sign indicates areas that are available or not available for public use.
17.36 -6 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 H. Performance Standards
3) The sign is not visible from the river and is otherwise lawful.
3. SLOPE PRESERVATION ZONE
a. No structures, except docks, piers, wharves, structural erosion control measures,
stairways, and lifts may be placed in slope preservation zones.
b. Slopes greater than 12 percent may not be altered to become less than 12 percent.
c. No filling or grading is allowed in slope preservation zones that directly face and /or
drain directly to the river, except the minimum required for installation of items in a.
above.
4. STRUCTURAL EROSION CONTROL
a. Except for rock riprap as allowed per § 17.36H.6., structural erosion control measures
above the OHWM and within the OHWM setback area and bluffline setback area are
allowed with a land use permit if all of the following standards are met:
1) The structural erosion control measure is constructed outside of the slope
preservation zone.
2) The Zoning Administrator determines that structural erosion control measures are
necessary to address significant on -going erosion that nonstructural erosion
control measures cannot control.
3) The structural erosion control measure is constructed of natural materials and is
made as visually inconspicuous as possible.
4) Storm water management and erosion and sediment control plans are submitted
per § 17.36H.7.
5) The structural erosion control measure is designed in accordance with USDA
Wisconsin Field Office Technical Guide (WIFOTG) Section IV or any subsequent
revisions to USDA standards.
b. Constructing, updating, maintenance or reconstruction of structural erosion control
measures in slope preservation zones is allowed by a special exception permit if all of
the following standards are met:
1) The Zoning Administrator determines that structural erosion control measures are
necessary to address significant on -going erosion that nonstructural erosion
control measures cannot control.
2) The structural erosion control measure is constructed of natural materials and is
made as visually inconspicuous as possible.
3) The person seeking to construct the structural erosion control measure submits
and has approved by the Zoning Administrator all of the following items:
a) A detailed construction plan with timelines and contact information.
b) An erosion and sediment control plan per § 17.36H.7.a -d and 17.36H.7.f.
c) A vegetation management plan per § 17.3611.8.
c. The property owner shall execute and record an affidavit describing the approved
structural erosion control measure and related maintenance requirements with the
County Register of Deeds within 30 days after construction is completed.
1) The affidavit shall alert subsequent purchasers of the land of the maintenance
requirements of the structural erosion control measure.
2) The property owner shall submit a copy of the affidavit along with an as -built
drawing and photos of the completed structural erosion control measure to the
Zoning Administrator.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -7
17.36 H. Performance Standards July 1, 2005
5. FILLING AND GRADING
a. Filling and grading outside of a slope preservation zone as described in § 17.36F.2.a.2)
are allowed with a land use permit if all of the following standards are met:
1) No filling, grading, or draining of wetlands is allowed.
2) No filling and grading activities within 40 feet of a slope preservation zone is
allowed.
3) Any vegetation that is removed is replaced with native vegetation.
4) Filling and grading activities are designed and implemented in a manner to
minimize erosion, sedimentation, tree damage, and impairment of fish and
wildlife habitat.
5) WDNR Storm water Construction Technical Standards are implemented.
b. Filling and grading in the areas described in § 17.36F.3.a.4) -6 are allowed by special
exception permit if the following standards are met:
1) All standards under a. above are met.
2) The property owner shall submit a storm water management and erosion and
sediment control plan per § 17.36H.7.
6. ROCK RIPRAP AND SHORELAND PROTECTION
a. Rock riprap within a slope preservation zone and in the OHWM setback area is allowed
with a land use permit if the Zoning Administrator determines that riprap is necessary to
prevent erosion in flood -prone areas, and if all of the following standards are met:
1) Either a State permit is granted for the riprap or statutory criteria or administrative
rule standards are met and a State permit is not required for the riprap.
2) The rock riprap is designed in accordance with the WI FOTG Section IV and any
subsequent revisions to USDA standards, or approved by the Land and Water
Conservation Department.
3) Existing vegetation on the shoreline and in the water is maintained as much as
possible without disturbance.
4) All bare soil on the slope above the riprap shall be stabilized with a native seed
mix, native vegetation, or mulch.
5) Deep- rooted native vegetation shall be planted among the riprap to help stabilize
it, screen it, and enhance wildlife habitat.
6) The property owner shall be responsible for maintaining the riprap as follows:
a) Upon the first rainfall following installation of the riprap, an inspection shall
be made.
b) Thereafter, riprapped areas shall be checked following large storms or floods,
especially those that are near or exceed the storm frequency used in the design.
Displaced riprap should be removed from its downstream location and new
riprap placed according to the specifications above.
b. The property owner shall execute and record an affidavit describing the approved riprap
and maintenance requirements with the County Register of Deeds within 30 days after
construction is completed.
1) The affidavit shall alert subsequent purchasers of the land of the maintenance
requirements of the riprap.
2) The property owner shall submit a copy of the affidavit along with an as -built
drawing and photos of the riprap to the Zoning Administrator.
17.36 -8 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 H. Performance Standards
7. STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL PLANS
a. Storm water management and erosion and sediment control plans shall be required to
reduce runoff and sedimentation onto adjacent properties, down steep slopes, and into
the river or other drainage ways for all of the following:
1) Construction or modification of principal structures.
2) Accessory structures greater than 100 square feet.
3) Filling or grading allowed by special exception permit.
b. Plans must be prepared by a registered landscape architect, professional soil scientist,
professional engineer, engineer in training, Certified Professional in Erosion and
Sediment Control (CPESC), Certified Professional in Storm Water Quality (CPSWQ),
Certified Soil Tester, or other licensed professional acceptable to the County.
c. All Best Management Practices (BMPs) shall meet or exceed the applicable WDNR
Technical Standards for Storm Water Management or Erosion and Sediment Control.
d. Storm water management plans must meet all of the following standards:
1) Infiltrate 100% of the proposed impervious development storm water volume for
the site for a 1.5 -inch rainfall event.
2) A model that calculates runoff volume and estimates infiltration such as
RECARGA, SLAMM, P8 or equivalent may be used.
3) Include measures to minimize and mitigate construction- related soil compaction.
4) Include a maintenance schedule to ensure the long -term function of the storm
water management measures.
5) Infiltration requirements will be applied to the maximum extent practicable in
areas limited by the following factors:
a) Soils with an infiltration rate less than 0.6 inches/hour measured at the bottom
of the infiltration system.
b) Less than five feet of separation from the bottom of the infiltration system to
the elevation of seasonal high groundwater or the top of bedrock.
e. Erosion and sediment control plans shall include all of the following items:
1) Description of construction sequencing including a timeline.
2) Contact information for property owner, engineer, surveyor, grading contractor,
and erosion control subcontractor as applicable.
3) Site map showing all of the following:
a) Property boundaries.
b) Existing and proposed buildings.
c) Pre and post construction 2 -foot contours.
d) Soil types.
e) Grading limits.
f) Pre and post construction drainage patterns.
g) The locations, quantities, and standard drawings of all BMPs.
h) The location of buildings on adjoining properties.
i) Water bodies with OHWM and OHWM setback.
j) Wetlands.
k) Existing and proposed wells and POWTS.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -9
17.36 H. Performance Standards Julv 1, 2005
4) Vegetation management plan showing existing and proposed vegetation per §
17.36H.8. The plan shall indicate permanent and temporary stabilization methods
for all disturbed areas including the rate, species, planting dates for all seed mixes;
fertilizer rates; and mulching rates.
5) Description of the winter suspension plan.
f. Construction may not proceed until the Zoning Administrator has approved the plans.
g. The property owner shall execute and record an affidavit describing the approved storm
water management, erosion and sediment control, and vegetative management plans
and maintenance requirements for each with the County Register of Deeds within 30
days after construction is completed.
1) The affidavit shall alert subsequent purchasers of the land of the maintenance
requirements of the plans.
2) The property owner shall submit a copy of the affidavit along with an as -built
drawing and photos of the storm water retention/detention devices, drainage ways,
and erosion and sediment control measures to the Zoning Administrator.
8. VEGETATION MANAGEMENT
a. Vegetation in the Riverway District shall be managed with the goals of
1) Maintaining the essential character, quality, and density of existing growth.
2) Screening structures to make them visually inconspicuous.
3) Preventing disturbance of environmentally sensitive areas such as but not limited
to steep slopes, shorelines, and blufflop areas.
4) Maintaining and restoring historically and ecologically significant plant
communities and enhancing diversity.
5) Maintaining and restoring native ground cover, understory, and overstory
vegetation.
b. Successional climax forest and pre - settlement oak savanna will be the preferred ecotypes.
c. Vegetative screening of structures will take priority over restoration and maintenance of
preferred ecotypes.
d. Vegetation removal other than that allowed under § 17.36F. La.2) and F. La.3) is allowed
with a land use permit if all of the standards under e. below are met.
e. All of the following vegetation management standards shall apply whenever vegetation is
disturbed in the Riverway District:
1) Vegetation on lands within the OHWM setback, bluff line setback, and the slope
preservation zone shall be left undisturbed, except as provided for elsewhere in this
subsection or as provided in §§ 17.36H.4. and 11.
2) Vegetation may not be disturbed or removed if it would disrupt the visually
inconspicuous character of structures, reduce the quality or diversity of the plant
community, or increase the potential for erosion, except as provided elsewhere in
this subsection or as provided in §§ 17.36H.4. and 11.
3) Lawns within the OHWM setback areas, slope preservation zones, and bluffline
setback areas may not be expanded.
17.36 -10 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 H. Performance Standards
4) The growth and harvest of non -wood fiber crops, the removal of vegetation in
order to allow permitted uses or structures or special exception uses, the removal
of State - designated noxious weeds, and the pruning or removal of vegetation to
prevent insect infestation or disease that threaten large areas of vegetative etative cover g g
per Wisconsin Statute § 66.96(2) are allowed.
5) Herbicide use shall be limited to direct topical application to cut stems to kill
noxious weeds, exotic species, poison ivy, poison oak or poison sumac, or as a
prescribed treatment within a forest stewardship management plan.
6) Compatible and comparable native species of vegetation shall be used for
replacement or new plantings.
7) Noxious weeds, non - native invasive species, poison ivy, poison oak, or any other
vegetation that is removed shall be replaced with native vegetation.
8) The practice of forestry shall be allowed on lands for which a forest stewardship
plan has been developed under Wisconsin Statutes Chapter 77, or Wisconsin
Administrative Code Chapter NR 46 or 47, and on lands managed under forest
stewardship.
a) Forest stewardship plans shall employ best management practices for water
quality protection, erosion control, and generally accepted forest management
guidelines and must be approved by a WDNR forester.
i. Generally accepted forest management guidelines are contained in
Wisconsin Forest Management Guidelines, PUB —FR -226 2003, available
from the WDNR.
b) Forest stewardship plans shall be submitted to the Zoning Administrator to be
kept in a property file.
c) Cutting, harvesting or removing timber under this provision on land that is
visible from the river during the time when the leaves are on the deciduous
trees may only include the following practices:
i. Small regeneration cuts with boundaries designed to harmonize with
naturally occurring shapes;
ii. Shelter wood cuts not to exceed the size, shape, spacing or timing of
regeneration cuts; or
iii. Selection cuts leaving a residual timber stand of at least 60 square feet
basal area.
e. In addition to any other penalties, the penalty for removing vegetation in violation of
this subchapter shall include replacement of vegetation with native vegetation at the
property owner's expense according to the following schedule:
DBH of ExIsting- Tree Rem oved T e - D AM
< 6 inches 1
,Between 6 -12 rte
Between 12 - 18 inches 4
Between 24 - 30 inches 7
Inches
St. Croix County Lower St. Croix Riverway Overlay District 17.367
17.36 H. Performance Standards July 1, 2005
@ i •
> 36 inches The equivalent of 2" DBH trees or greater needed to equal the DBH of the
removed trees.
DBH = Diameter at Breast Height
9. POWTS
a. Private on -site wastewater treatment systems shall be constructed in accordance with
the requirements of Wisconsin Administrative Code Chapter Comm 83 and Chapter 12,
St. Croix County Sanitary Ordinance.
10. LAND DIVISIONS
a. Land divisions are allowed by special exception permit if all of the following standards
are met:
1) All lots proposed to be built upon shall meet the minimum lot size requirements
per § 17.36G., and shall be suitable for residential development in their existing
condition without the need for a variance.
2) All lots are suitable for their proposed use and will not be subject to the potential
for flooding, inadequate drainage, severe erosion, inadequate water supply or
inadequate sewage disposal capabilities.
3) Use of lots will not be allowed if there exists unfavorable soil and rock
formations, unfavorable topography, or any other feature that is likely to result in
harm to the health, safety or welfare of future residents of the lots or of the local
community.
4) The property owner shall consult with the State Historical Society concerning
potential impacts to archeological sites and provide related documentation to the
Zoning Administrator.
a) If the property is found to contain an archeological site, the applicant shall
work with the Zoning Administrator to develop and implement a plan to avoid
or mitigate impacts to the archeological site with assistance from the State
Historical Society.
5) The property owner shall submit a storm water management plan and erosion and
sediment control plan for filling and grading of 10,000 square feet or more per §
17.36H.7.
11. WIRELESS COMMUNICATION AND OTHER TRANSMISSION FACILITIES
a. Installation, reconstruction, modification and replacement of wireless communication
service facilities is allowed by special exception permit if Subchapter VIII, §§ 17.80-
17.90 and all of the following standards are met:
1) Construction and maintenance shall be conducted using techniques that minimize
the cutting or pruning of vegetation in order to preserve mature vegetation and
provide screening of the facilities. Erosion control measures shall be used.
2) Wireless communication service facilities shall use building materials, colors,
textures, screening and landscaping that blend the facilities with surrounding
natural features or nearby structures and shall be visually inconspicuous.
3) Wireless communication service facilities shall be of camouflage or stealth
design, unless placed on existing structures.
17.36 -12 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 H. Performance Standards
4) Wireless communication service facilities may not exceed a height of 50 feet or
not more than 20 feet above the tallest structure or tree canopy within a 300 foot
radius of the proposed wireless communication service facilities as measured
horizontally, whichever is higher.
5) New or reconstructed wireless communication service facilities may not be placed
in slope preservation zones, floodplains or wetlands.
b. Construction, updating, maintenance or reconstruction of transmission services is
allowed by special exception permit if Subchapter VIII, §§ 17.80 -17.90 and all of the
following standards are met:
1) All new, updated or reconstructed transmission services shall be placed
underground when determined to be technically feasible by the Zoning
Administrator. If an applicant seeks to establish that underground placement is
technically infeasible, the application shall explain in detail what factors make it
infeasible.
2) If underground placement is determined to be technically infeasible, overhead or
above ground transmission services are permitted, but shall be designed to
minimize the adverse visual'impact on the scenic character of the Riverway
District.
3) New, updated or reconstructed transmission services shall be constructed and
maintained using minimally invasive techniques for construction and
maintenance, including erosion control. Existing transmission facilities shall be
maintained using minimally invasive techniques for maintenance, including
erosion control.
4) Cutting or clearing of vegetation for transmission service maintenance may be
conducted subject to the following standards:
a) An understory layer of vegetation shall be maintained to prevent erosion and
allow succession.
b) Vegetation management shall protect the quality and diversity of the plant
community and prevent erosion.
c) Herbicide use shall be limited to direct topical application to cut stems to
prevent re- growth.
d) The pruning of normal tree growth for safety reasons or to prevent interference
with the transmission service and removal of noxious weeds is allowed.
12. STAIRWAYS
a. Stairways are allowed by special exception permit if all of the following standards are
met:
1) The stairway is required to provide pedestrian access to the river because of steep,
rocky, unstable or wet site conditions.
2) The tread width of the stairway may not exceed 48 inches.
3) Landings are located at a vertical interval of not less than 20 feet and shall not
exceed 40 square feet in area.
4) Handrails may be permitted in conjunction with stairways and shall be painted or
stained the same color as the stairways.
5) Canopies or roofs are not allowed on stairways.
6) Stairways, handrails and landings shall be anchored and supported above grade
with pilings or footings.
MOMMMOMMEM
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -13
17.36 H. Performance Standards JuIv 1, 2005
7) Stairways shall be constructed of unfinished wood or stone, or shall be painted or
stained with earth -tone colors.
8) Stairways shall be visually inconspicuous and shall be located in the most visually
inconspicuous portion of the lot.
9) Native vegetation plantings shall be used to form a vegetative canopy to screen
the stairway from the river.
10) Vegetation shall effectively screen stairways from the river within five years.
11) Existing vegetation may be removed within one foot of either side of the stairway
route and up to eight feet above the stairway floor.
12) Only one stairway may be permitted on a lot that abuts the river.
13) A plan shall be submitted to the Zoning Administrator and certified by a
registered professional engineer or architect showing that the stairway
components are securely anchored to prevent them from shifting and from causing
accelerated erosion.
13. LIFTS
a. Lifts are allowed by a special exception permit if all of the following standards are met:
1) The lift is required to provide pedestrian access to the river because of steep,
rocky, unstable or wet site conditions.
2) No lift shall be designed for the transport of boats or machinery up or down the
bluff face.
3) The car of the lift may not exceed 4 feet by 6 feet. Cars may have handrails, but
no canopies or roofs shall be allowed.
4) Lifts shall be located in the most visually inconspicuous portion of the lot.
Location of the transporting device or power source shall be visually
inconspicuous.
5) All visible parts of the lift shall be painted or finished in earth -tone, non - reflective
colors and shall be visually inconspicuous.
6) Native vegetation plantings shall be used to form a vegetative canopy to screen
the lift from the river.
7) Vegetation shall effectively screen lifts from the river within five years.
8) Existing vegetation may be removed within one foot on either side of the lift route
and up to 8 feet above the lift floor.
9) Only one lift may be permitted on a lot that abuts the river.
10) A plan shall be submitted to the Zoning Administrator and certified by a
registered professional engineer or architect showing that the lift components are
securely anchored to prevent them from shifting and from causing accelerated
erosion.
14. PUBLIC AND PRIVATE ROADS
a. Construction, reconstruction or right -of -way maintenance for public roads and private
roads serving two or more properties or single - family residences is allowed by a special
exception permit if all of the following standards are met:
1) No new road may be constructed in slope preservation zones, in an area 40 feet
landward of blufflines, within 200 feet of the river, within 100 feet of tributary
watercourses, or in wetlands.
17.36 -14 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 H. Performance Standards
2) Route design and construction or reconstruction shall minimize visual impacts by
using terrain features to blend the road into the landscape, avoiding cuts and fills
as much as feasible.
3) New roads shall be visually inconspicuous.
4) Reconstruction of existing roads shall be performed in a manner that does not
increase visibility of the road from the river.
5) Cutting or clearing vegetation for road right -of -way maintenance shall be
conducted in accordance with the following standards:
a) Vegetation shall be managed to allow an understory layer to remain in place to
prevent erosion and allow succession. Vegetation may not be disturbed in such
a way that there would be reduced quality or diversity of the plant community
or increased potential for erosion.
b) Herbicide use shall be limited to direct topical application to cut stems to
prevent re- growth. The pruning of normal tree growth for safety reasons or to
prevent interference with infrastructure and the removal of noxious weeds is
allowed.
c) Mowing of a safety zone from the edge of the pavement back 15 feet or to the
ditch bottom, whichever is less, and clearing intersection vision triangles is
allowed. Other parts of the right -of -way may be mowed to control noxious
weeds and undesirable brush only after July 15 of each year to avoid impacts
to ground- nesting birds.
d) Cutting of trees more than 4 inches in diameter breast height is prohibited,
except that trees that pose a hazard to public health or safety may be removed.
b. Public entities may apply for a one -time special exception permit for long -term
maintenance of public road right -of -way, subject to all standards listed in a. above and
to periodic monitoring.
15. BED AND BREAKFAST OPERATIONS
a. A bed and breakfast operation is allowed by special exception permit if all of the
following standards are met:
1) The bed and breakfast operation provides four or fewer rooms for rent to transient
visitors.
2) The bed and breakfast operation has sufficient parking spaces on site or on public
roads for guests.
16. NATURE - ORIENTED, EDUCATIONAL NON - PROFIT FACILITIES
a. A nature- oriented, educational non -profit facility is allowed by special exception permit
if all of the following standards are met:
1) The facility will not cause environmental pollution or erosion.
2) The facility has sufficient parking on site or on public roads for patrons.
I. NONCONFORMING USES AND STRUCTURES AND SUBSTANDARD LOTS
1. NONCONFORMING USES
a. These requirements shall take precedence over general zoning requirements for
nonconforming uses in the Riverway District.
b. A nonconforming use may not be expanded or enlarged.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -15
17.36/. Nonconforming July 1, 2005
c. An increase in the volume, intensity or frequency of use is allowed if the land area or
structure used for the nonconforming use are not expanded or enlarged, and if the owner
provides a site plan and photographs of the site to the Zoning Administrator to be kept in
a property file at the Planning and Zoning Department.
d. A change from one nonconforming use to another nonconforming use is not allowed.
e. If a nonconforming use is discontinued for a period of 12 consecutive months, any future
use of buildings and premises shall conform to all of the requirements of the St. Croix
County Zoning Ordinance.
2. NONCONFORMING PRINCIPAL STRUCTURES
a. These requirements shall take precedence over general zoning requirements for
nonconforming structures in the Riverway District, except where those requirements are
more restrictive, in which case the most restrictive requirements shall apply.
b. Ordinary maintenance and repair of a nonconforming principal structure is allowed.
c. Structural alteration, reconstruction and expansion of a nonconforming principal
structure and replacement, improvement or structural alteration of the foundation is
allowed by a land use permit if all of the applicable requirements in pars. d. and e. below
are met.
d. Reconstruction of Nonconforming Principal Structures.
1) Nonconforming principal structures located within the OHWM setback area,
bluffline setback area or slope preservation zone may be structurally altered or
reconstructed and foundations may be replaced, improved or structurally altered if
all of the following requirements are met:
a) The lot has an area of at least 7,000 square feet.
b) The altered or reconstructed structure will be visually inconspicuous or will be
rendered so through mitigation per § 17.36I.5.
c) The structure is altered or reconstructed in the same footprint as the pre-
existing structure.
d) The reconstructed structure may not be any taller than the pre- existing
nonconforming structure, except that a flat roof may be replaced with a pitched
roof, and may not be taller than allowed per § 17.36G.4.
e) The color of the structure complies with § 17.36H.I I.
f) The property owner submits a mitigation plan per § 17.36I.5.
i. If a permit is issued for the reconstruction, the mitigation plan shall be
approved, or modified and approved, by the Zoning Administrator.
ii. The mitigation plan shall be incorporated into the permit and the property
owner shall be required to implement the mitigation plan as a permit
condition.
g) Private on -site wastewater treatment systems are brought into compliance with
the requirements of the St. Croix County Sanitary Ordinance.
h) The foundation of the structure may not be replaced, improved or structurally
altered, unless all of the following standards are met:
i. It is being done in conjunction with the reconstruction of the structure,
ii. It is entirely located more than 50 feet from the OHWM, and
iii. It is not located in a slope preservation zone.
17.36 -16 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 /. Nonconformin
i) No filling and grading activities are allowed during the alteration or
reconstruction, except for the minimum necessary to accomplish the alteration
or reconstruction in compliance with other provisions of this subchapter, and as
needed to upgrade a private on -site wastewater treatment system, to replace
sewer or water laterals, or to install storm water or erosion control measures.
j) If the structure is located in a slope preservation zone, it may be reconstructed
on the existing foundation only if WDNR storm water technical standards
applicable to steeper sloped areas are implemented to control erosion.
e. Expansion of Nonconforming Principal Structures.
1) Nonconforming principal structures located in the OHWM setback area or bluffline
setback area may be expanded and the pre- existing foundation may be replaced,
repaired or structurally altered in conjunction with the expansion if all of the
applicable following requirements are met:
a) Structures located wholly or partially within 50 feet of the OHWM may not be
expanded.
b) Structures located wholly or partially within a slope preservation zone may not
be expanded.
c) Structures entirely set back more than 50 feet from the OHWM but located
wholly or partially less than 75 feet from the ordinary high water mark may be
expanded only if there is no compliant building location available on the lot.
d) Structures entirely set back more than 75 feet from the ordinary high water
mark may be expanded regardless of whether a compliant building location
exists elsewhere on the lot.
e) The lot has an area of at least 7,000 square feet.
f) The expanded structure will be visually inconspicuous or will be rendered so
through mitigation.
g) Any reconstructed portion of the nonconforming structure may only be
reconstructed in the same footprint as the pre- existing structure.
Notwithstanding the definition of "reconstruction" in NR 118.03(36), the pre-
existing foundation of a structure that is more than 50 feet from the ordinary
high water mark and is not within a slope preservation zone may be replaced,
repaired or structurally altered in conjunction with the expansion of the
structure.
h) For structures located wholly or partially within the OHWM setback area, the
total footprint of the structure may not exceed 1500 square feet.
i) For structures located wholly or partially within the bluffline setback, but not
within the OHWM setback area, the total footprint of the structure may not
exceed 2000 square feet and the structure shall comply with all of the following
requirements:
i. The structure is set back at least 40 feet from the bluffline.
ii. The structure does not protrude above the bluffline as viewed from at or
near the mid -line of the river or from 250 feet riverward from the OHWM
whichever is less.
iii. The structure is not located within the slope preservation zone.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -17
17.36 1. Nonconforminq JuIv 1, 2005
iv. The structure uses earth -tone building materials that are of a non - reflective
nature, except that windows may be made of ordinary glass or non-
reflective glass, but may not be made of glass designed to reflect more light
than ordinary window glass.
v. The structure is visually inconspicuous.
j) Expansion is on the side of the structure farthest from the river or, if landward
expansion is not possible, the expansion is parallel to the OHWM or bluffline.
k) The height of the altered or reconstructed structure complies with § 17.36G.4.
1) The color of the structure complies with § 17.36H.1.
m) The property owner submits a mitigation plan per § 17.36I.5.
i. If a permit is issued for the expansion, the mitigation plan shall be
approved, or modified and approved, by the Zoning Administrator.
ii. The mitigation plan shall be incorporated into the permit and the property
owner shall be required to implement the mitigation plan as a permit
condition.
n) Private on -site wastewater treatment systems are brought into compliance with
the requirements of Wisconsin Administrative Code Chapter Comm 83.
o) Filling or grading is not allowed as part of the reconstruction or expansion
except as necessary to reconstruct or build the expansion in compliance with
other provisions of this subchapter, upgrade a private on -site wastewater
treatment system, replace sewer or water laterals, or install storm water or
erosion control measures.
V
Distance eoin QWiVl4ii
< 50 feet 50 - 75 feet > 75 feet
a.
i xpahston on if no other cbmallan ,. Expanslorv. up try a tt�6i6i4t +�
Ncf cxpansioq ild ` I c I C►0 s re'
3. NONCONFORMING ACCESSORY STRUCTURES
a. Ordinary maintenance and repair of nonconforming accessory structures is allowed.
b. Nonconforming accessory structures may not be structurally altered, reconstructed or
expanded, except that garages and storage sheds may be structurally altered,
reconstructed or expanded if all of the following requirements are met where applicable:
1) The entire garage or storage shed is not located in a slope preservation zone.
2) The entire garage or storage shed is set back more than 75 feet from the OHWM.
3) The garage or storage shed is not used for human habitation.
4) The total footprint of all nonconforming accessory structures, other than existing
driveways, within 75 feet of the OHWM, within a slope preservation zone or
within the bluffline setback area may not exceed 500 square feet.
5) All parts of the garage or storage shed shall be finished in earth -tone colors and
materials that are non - reflective, except that windows may be made of ordinary
window glass or non - reflective glass, but may not be made of glass designed to
reflect more light than ordinary window glass.
6) Mitigation measures are implemented and maintained per § 17.361.5.
17.36 -18 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 /. Nonconformin
7) The structure is visually inconspicuous or will be rendered so through a mitigation
plan per § 17.36I.5.
4. SUBSTANDARD LOTS
a. Lots of record in the Register Of Deeds office on January 1, 1976 or on the date of the
enactment of an amendment to this subchapter that makes the lot substandard, which do
not meet the requirements of this subchapter, may be allowed as building sites provided
that the following criteria are met:
1) The lot is in separate ownership from abutting lands, or
2) The lot by itself or in combination with an adjacent lot or lots under common
ownership in an existing subdivision has at least one acre of net project area.
Adjacent substandard lots in common ownership may only be sold or developed as
separate lots if each of the lots has at least one acre of net project area.
3) All structures that are proposed to be constructed or placed on the lot and the
proposed use of the lot comply with the requirements of this subchapter and any
underlying zoning or sanitary code requirements.
5. MITIGATION REQUIREMENTS
a. Expansion or reconstruction of nonconforming principal structures, and the expansion,
reconstruction or structural alteration of nonconforming accessory structures shall trigger
mitigation requirements to offset the impacts of the proposed project.
b. Mitigation measures shall be roughly proportional to the magnitude of the impacts of the
proposed project on scenic resources, water quality, erosion potential and the protection
of the shoreland area.
c. Mitigation shall include, but is not limited to, the following:
1) Planting trees and shrubs capable of screening the entire structure if existing
vegetation is not sufficient to render the structure visually inconspicuous per §
17.36H.8. Additionally:
a) All trees and shrubs shall be native to the area.
b) All trees shall be at least 2 inches Diameter at Breast Height (DBH) and
planted no more than 12 feet apart and parallel to the river and the structures
they screen. To allow for future growth, these trees may be planted at different
locations and staggered between the structures and the river.
2) The vegetation in the area within 50 feet of the OHWM shall be preserved or
restored through planting of native vegetation per § 17.36H.8.
a) Vegetation shall be established or maintained at densities that are adequate to
protect water quality, habitat and the natural scenic beauty of the shoreland
area.
b) If a nonconforming structure is located in this area, the vegetation shall be
planted surrounding the structure, although the owner may create a screened
view of the river from the structure and may leave a 15 -foot wide mowed area
around the structure to protect it from wildfire.
3) Prior to issuance of a permit, a storm water management plan and erosion and
sediment control plan shall be submitted per § 17.36H.7.
4) An affidavit describing the approved mitigation plan shall be executed and
recorded with the County Register of Deeds by the property owner within 14 days
after approval of the mitigation plan.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -19
17,36 1. Nonconforming July 1, 2005
USNEUVARM
a) The affidavit shall alert subsequent purchasers of the land of the requirements
of the mitigation plan.
J. ADMINISTRATION
1. LAND USE PERMIT PROCEDURES
a. An application for a land use permit shall be made to the Zoning Administrator upon
forms furnished by the County. The following information shall be provided:
1) Owner contact information.
2) Property information.
3) Project information.
4) A site development plan, drawn to scale, to include:
a) Dimensions and area of lot.
b) Location of all existing and proposed structures and impervious coverage with
distances measured from the lot lines and centerline of all abutting streets or
highways.
c) Location of any existing or proposed on -site sewage systems or private water
supply systems.
d) Location of the bluffline and OHWM of any abutting navigable waterways.
e) Location and landward limit of all wetlands.
f) Existing and proposed topographic and drainage features and vegetative cover.
g) Location of floodplain and floodway limits on the property as determined from
floodplain zoning maps used to delineate floodplain areas.
h) Location of existing or future access roads.
i) Specifications and dimensions for areas of proposed wetland alteration.
5) Other relevant information that the Zoning Administrator requests, including but
not limited to photos, topographic mapping, elevation drawings, cross - section
drawings, specialized engineering plans, storm water management plans, erosion
and sediment control plans, vegetation management plans, or additional
information per § 17.36H.
6) If additional information is requested, it shall be submitted by the applicant to the
Zoning Administrator prior to the issuance of the land use permit.
b. The Zoning Administrator shall approve, approve conditionally, or deny the land use
permit within 60 days of submitting a properly completed application, unless additional
information is required.
2. SPECIAL EXCEPTION AND VARIANCE PROCEDURES
a. An application for a special exception permit or variance shall be submitted to the Zoning
Administrator upon forms furnished by the County and shall include the following
information as outlined in par. b. below.
b. Special exception and variance applications shall supply information adequate for the
Board of Adjustment to make a decision based on the type of project to be undertaken.
The applicant shall submit to the Zoning Administrator sufficient copies of the
following information for all applications:
1) General information, including but not limited to:
a) Contact information for property owner, agent, and contractor as applicable.
i
17.36 -20 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 J. Administration
b) Legal description of the property and a general description of the proposed use
or development.
c) Information on whether or not a private water or sewage system is to be installed
or upgraded.
2) For special exceptions, a detailed written explanation of how the proposed use or
development meets the requirements for special exception uses as outlined in §
17.70(7)(a), § 17.36H. as applicable, and the following standards:
a) The scenic and recreational qualities of the Riverway District, especially in
regard to the view from and use of the river.
b) The maintenance of safe and healthful standards.
c) The prevention and control of water pollution, including storm water runoff
and sedimentation.
d) The location of the site with respect to floodplains and floodways, slope
preservation zones, and blufflines.
e) The erosion potential of the site based upon degree and direction of slope, soil
type, and vegetative cover.
f) Potential impact on terrestrial and aquatic habitat.
g) Location of site with respect to existing or future access roads.
h Adequacy of proposed wastewater treatment.
q Y p ro p
i) The compatibility of the project with uses on adjacent land.
j) The use of common corridors for locating proposed facilities within or
adjacent to public service facilities such as roads, bridges, and transmission
services.
3) For variances, a detailed written explanation of how the requested variance meets
the requirements for variances as outlined in § 17.70(5)(c)3 of this ordinance.
4) A site plan prepared by a registered land surveyor showing the following
information:
a) Property location, boundaries, and dimensions.
b) Location of all existing and proposed structures and impervious surfaces with
distances measured from the lot lines and centerline of all abutting streets or
highways.
c) Contours on an established datum at vertical intervals of not more than two
feet.
d) Blufflines, slope preservation zones, OHWM, floodway and flood fringe
boundaries, and all applicable setbacks.
e) Adjoining land and water - oriented uses.
f) The location and description of existing and proposed alterations of
vegetation, topography, and drainage, including grading limits and vegetation
removal and replacement.
5) A recent aerial photo with property lines drawn in, showing the location of
existing and proposed structures, including height and setback dimensions.
6) A mitigation plan, if required.
7) Photos of the site taken from the river slightly upstream and downstream of the
property, and directly offshore.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -21
17.36 J. Administration JuIv 1, 2005
8) Other relevant information that the Zoning Administrator requests, including but
not limited to elevation drawings, cross - section drawings, specialized engineering
plans, storm water management plans, erosion and sediment control plans,
vegetation management plans, or additional information per § 17.36H.
9) If additional information is requested, it shall be submitted by the applicant to the
Zoning Administrator prior to the issuance of a permit or approval of the
variance.
10) Applications for a permit for land divisions, bed and breakfast operations, nature
oriented educational, non - profit facilities, and variances shall also include:
a) The location of any proposed private on -site wastewater treatment system.
b) Water supply information, including the location of any proposed wells.
11) Applications for a permit for filling and grading, structural erosion control
measures, and road construction shall also include a plan showing the proposed
construction, reconstruction, location and design of the filling or grading,
structural erosion control measures, or road construction.
12) Applications for a permit for transmission services and wireless communication
service facilities shall also include:
a) For transmission services a plan showing the location of proposed facilities,
and if not placed underground, documentation of why this is technically
infeasible, and a plan outlining design and construction methods to minimize
adverse visual impacts to the Riverway District.
b) For wireless communication service facilities, a plan showing the location of
proposed facilities and an illustration of the methods to be used to meet design
requirements for the appropriate stealth, camouflage, and height requirements.
13) Applications for a permit for stairways and lifts shall also include a plan showing
the stairway or lift location, design, dimensions, color, construction materials,
erosion control measures and vegetation removal and replacement. The plan shall
contain a certification by a registered professional engineer or architect that the
stairway or lift components are securely anchored to prevent them from shifting
and from causing erosion.
3. REASONABLE ACCOMMODATION FOR DISABLED PERSONS
a. Ramps, walkways or decks to provide a disabled person with reasonable access to their
property as required by the Federal Americans with Disabilities Act, the Federal Fair
Housing Act and the Wisconsin Fair Housing Act are allowed by land use permit,
subject to the following standards:
1) Only the minimum relaxation of dimensional, density or other standards needed to
provide reasonable access may be approved.
2) No use, structure or other relaxation of standards may be approved that would
violate or undermine the stated purposes of this subchapter.
3) The land use permit will expire and the structure removed once the property is no
longer primarily used by a disabled person. Subsequent landowners no longer
needing disabled access shall not replace or expand the facilities. Routine
maintenance is allowed.
b. An affidavit describing the approved land use permit shall be executed and recorded
with the County Register of Deeds by the property owner within 14 days after approval
of the permit.
17.36 -22 St. Croix County tower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 J. Administration
1) The affidavit shall state that the ramp, walkway, or deck must be removed as
required above, and shall alert subsequent purchasers of the land of the
requirements of the land use permit.
4. AMENDMENT PROCEDURES
a. Except as set out below, the procedures in § 17.72 of this ordinance shall apply to any
amendment of a provision of this subchapter:
1) An amendment to this subchapter shall not be subject to approval or disapproval
or action by any town board.
b. Upon enactment of an amendment to this subchapter, the Zoning Administrator shall
submit two copies to the WDNR.
c. Applications for text amendments or rezonings (map amendments) shall include:
1) A survey certified by a professional engineer or registered land surveyor showing:
a) Property location, boundaries, and dimensions.
b) Location of all existing and proposed structures and impervious surfaces with
distances measured from the lot lines and centerline of all abutting streets or
highways.
c) Contours on an established datum at vertical intervals of not more than two
feet.
d) Blufflines, slope preservation zones, OHWM, floodway and flood fringe
boundaries, and all applicable setbacks.
e) Utility and roadway corridors.
f) Adjoining land and water - oriented uses.
g) The location of existing and proposed alterations of vegetation and
topography, including grading limits and vegetation removal and replacement
that is proposed.
2) Photos of the site taken from the river slightly upstream and downstream of the
property, and directly offshore.
3) Other relevant information that the Zoning Administrator requests. If the Zoning
Administrator requests additional information, it shall be submitted by the
applicant to the Zoning Administrator prior to any hearing on the application.
4) The procedures and application requirements in this paragraph do not apply to
proposals to change the management zone boundaries established in NR 118.04.
The management zone boundaries in NR 118.04 may only be changed by revision
of NR 118.04.
5. PUBLIC HEARING PROCEDURES
a. A public hearing shall be held before any special exception permit, any variance, or any
amendment is approved or denied.
b. In addition to any other notice requirements, notice of all public hearings and a copy of
all application materials shall be provided to the following for review and comment at
least 30 days prior to the public hearing:
1) Wisconsin Department of Natural Resources (WDNR)
2) West Central Wisconsin Regional Planning Commission
3) The town board of a town within which the affected parcel of land is located.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -23
17.36 J. Administration July 1, 2005
c. Any plan submitted with an application shall be approved, or modified and approved,
and included as part of the permit, variance or amendment application. The Zoning
Administrator shall submit a summary of all proceedings, including a copy of any
written decision, to the WDNR within five working days after the date of the decision.
d. Where additional information is introduced at any stage of the proceeding by the
applicant or where the applicant may wish to review the WDNR's opposition or town's
opposition if applicable, the proceeding may be postponed for a reasonable period of
time to review the information.
e. A special exception permit may not be granted if the town board objects to the issuance
as a part of the hearing.
1) Such objection shall explain where the proposed project is inconsistent with this
subchapter, Wisconsin Statute § 30.27, Wisconsin Administrative Code Chapter
NR 118, or town ordinances.
6. DECISIONS
a. All land use permit decisions shall be in writing and shall include facts and reasons for
the decisions.
b. The final disposition of an application for a special exception permit or variance to the
Board of Adjustment shall be in the form of a written decision, made within a
reasonable time after the public hearing, signed by the Board of Adjustment
chairperson.
1) Such decision shall state the specific facts and reasons that are the basis of the
Board of Adjustment's determination.
2) A copy of such decision shall be mailed to the applicants and the appropriate
district office of the WDNR within 10 days after the decision is issued.
7. EXPIRATION
a. Activities authorized by a permit or variance issued under this subchapter shall commence
within one year from the date of approval and be substantially completed or implemented
within two years, after which time the permit or variance expires.
b. Prior to expiration of a permit or variance, applicants can request extensions of up to six
months from the Zoning Administrator.
c. The total time granted for extensions shall not exceed one year.
8. COMPLIANCE AND REVOCATION
a. Within 30 days of approval of any permit or variance with conditions, the property
owner shall submit to the Zoning Administrator a "Compliance Deposit."
1) This deposit shall be in the amount of the application fee and shall be paid in cash,
check, or money order.
2) This deposit shall be held by the Zoning Administrator until all conditions of
approval have been met, at which time the deposit shall be refunded in full to the
property owner along with a Certificate of Compliance.
b. Where the terms or conditions on any permit or variance are violated, the permit or
variance may be revoked. The Zoning Administrator may revoke a land use permit. The
Board of Adjustment may revoke a special exception permit or a variance.
17.36 -24 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 K. Le al Bounda
K. LEGAL DESCRIPTION OF BOUNDARY
1. STATE BOUNDARY
a. Township 30 North, Range 20 West
Sec. 22 Government Lot 1, that portion of Government Lot 2 lying West of a line that
is 660 feet West of and parallel to the East line of said Lot 2, that portion of
Government Lot 3 and the NW 1/ SE % lying West and North of the centerline
of State Highway 35, that portion of Government Lot 4 lying West of a line
that is 660 feet West of and parallel to the East line of said Lot 4, all of
Government Lot 5 and the NE 1/ NE 1/ St. Croix County, Wisconsin.
Sec. 27 That portion of Government Lots 2 and 3 lying West of a line that is 660 feet
West of the East line of said Lots 2 and 3, that portion of Government Lots 4
and 5 and the SE '/a SE 1/ lying West of the centerline of State Highway 35 in
St. Croix County, Wisconsin.
Sec. 34 That portion of Government Lot 1 lying South and West of the centerline of
State Highway 35 in St. Croix County, Wisconsin.
Sec. 35 That portion of Government Lots 1 and 2 lying South and West of the
centerline of State Highway 35, Government Lot 3 less and excepting
therefrom the North 660 feet of the East 660 feet, Government Lot 4 less and
exception therefrom the North 660 feet of the East 660 feet in St. Croix
County, Wisconsin.
Sec. 36 SW 1/ SW 1/ SW 1/ in St. Croix County, Wisconsin.
b. Township 29 North, Range 20 West
Sec. 1 Government Lot 1, that portion of Government Lot 2 lying West of a line that
is 660 feet West of and parallel to the East line of said Lot 2 and all of
Government Lots 3 and 4 in St. Croix County, Wisconsin.
Sec. 2 Government Lot 1 in St. Croix County, Wisconsin.
Sec. 11 Government Lot 1 in St. Croix County, Wisconsin.
Sec. 12 Government Lots 1, 2, and 3 and the W %2 NE 1/ SW 1/ in St. Croix County,
Wisconsin.
Sec. 36 That portion of Government Lot 4 that does not lie within the municipal
boundaries of the City of Hudson in St. Croix County, Wisconsin.
c. Township 28 North, Range 19 West
Sec. 6 Government Lot 1, that portion of Government Lots 2 and 3 lying West of a
line that is 1320 feet West of and parallel to the East line of said Lots 2 and 3
and the NW % NW 1/ in St. Croix County, Wisconsin.
Sec. 7 Government Lot 1, SW 1/ NW 1/ and the NW 1/ SW 1/ in St. Croix County,
Wisconsin.
d. Township 28 North, Range 20 West
Sec. 1 Government Lot 1 in St. Croix County, Wisconsin.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -25
17.36 K. Lec al Boundary JuIv 1, 2005
Sec. 12 Government Lots 1 and 2 in St. Croix County, Wisconsin.
Sec. 13 That portion of Government Lot 1 lying West of a line that is 660 feet West of
and parallel to the East line of said Lot 1, that portion of Government Lot 2
lying West of a line that is 1320 feet West of and parallel to the East line of
said Lot 2 and all of Government Lots 3 and 4 in St. Croix County,
Wisconsin.
Sec. 23 Government Lots 1, 2, and 3 and the E!/2 SE 1 / in St. Croix County,
Wisconsin.
Sec. 24 Governments Lots 1 and 2 and the W %2 NE 1/ and the SE 1/ NW '/ in St.
Croix County, Wisconsin.
Sec. 25 Government Lot 1 and the NW 1/ SW 1/ in St. Croix County, Wisconsin.
Sec. 26 Government Lots 1, 2, and 3 in St. Croix County, Wisconsin.
Sec. 35 Government Lot 5 in St. Croix County, Wisconsin.
Sec. 36 That portion of Government Lot 1 lying West of a line that is 1320 feet West
of and parallel to the East line of said Lot 1, Government Lots 2 and 3 and the
N' /z SW 1/ SW 1/ in St. Croix County, Wisconsin.
Together with all bodies of waters, rivers, islands, accretions and relictions within and
appurtenant to the St. Croix River from the South line of Section 3, T. 26 N., R. 29 W.,
upstream to its intersection with the south line of Section 15, T. 30 N., R. 20 W.
2. FEDERAL BOUNDARY
a. Township 31 North, Range 19 West
Sec. 6 That portion of Government Lot 1 and the SEI/a SETA lying West of the
following described lines: beginning on the south line of Government Lot 1 at
a point 1449 feet Westerly from the southeast corner of Section 6; thence
Northeasterly along the centerline of a Town road the following four courses:
North 24 57' East, 149.3 feet;
North 46 07' East, 406.8 feet;
North 35 22' East, 196.4 feet; and
North 38 58'30" East, 280.8 feet to the intersection of the centerline
of the Northwest- Southeast Town road; thence North, 524 feet to the north
line of said SE SE'/ and there ending; all of Government Lots 2, 3 and 4 in
St. Croix County, Wisconsin.
Sec. 7 Government Lot 1, that portion of Government Lots 2, 3 and 4 lying West of
the following described lines: beginning at the northeast corner of
Government Lot 4 of Section 7, thence
South 26 33' 54" West, 1475.8 feet; thence
South 0 30' West, 1320 feet; thence
South 36 33' 35" East, 1108 feet to a point on the East line of
Government Lot 2 at a point 430 feet North of the southeast corner thereof;
thence Southerly along the east line of Government Lot 2 to the southeast
corner and there ending, that portion of the E%2 SE lying South and West of
a line beginning at the southeast corner of Section 7 and extending to the east
17.36 -26 St. Croix County Lower St. Croix Riverway Overlay District
Jul 1, 2005 17.36 K. Le al Bounda
line of Government Lot 2 at a point 440 feet North of the southeast corner
thereof in St. Croix County, Wisconsin.
Sec. 17 NW % NE'/ and the N' /2 NW'/ in St. Croix County, Wisconsin.
Sec. 18 Government Lot 1 in St. Croix County, Wisconsin.
Sec. 32 Government Lots 1, 2, 3 and 4, that portion of NW'/ SE'/ NE'/ lying West of
the centerline of the Town road and that portion of SE SE% lying North of
the Soo Line right -of -way and west of the Westerly right -of -way line of the
Town road in St. Croix County, Wisconsin.
b. Township 30 North, Range 19 West
Sec. 6 Government Lots 2 and 3.
Sec. 7 NW'/ NW'/ NW/.
c. Township 30 North, Range 20 West
Sec. 1 Government Lots 1, 2, 17 and 18 in St. Croix County, Wisconsin.
Sec. 11 Government Lots 1, 6 and 7 in St. Croix County, Wisconsin.
Sec. 12 That ortion of Government Lot 21 'n North and West of a line extending
p
lying g
Southwesterly from the northwest corner of the SW / SE / SW I/4 to the south
line of Section 12 at a point 660 feet East of the southwest corner of Section
12, that portion of Government Lot 3 lying North and West of a line extending
Southwesterly from the southwest corner of the NW NW'/ SE'/ to the
northeast corner of the NW'/ SE'/ SW' /, that portion of Government Lot 4
and the NW'/ SE`/ lying North and West of the following described line:
beginning on the North South quarter line of Section 12 at a point 2200.55 feet
North of the South quarter corner; thence along the following described
courses (assumed bearings):
North 67 51' East, 64.48 feet; thence
North 700 27' East, 254.10 feet; thence
North 270 57' East, 140.30 feet; thence
North 350 39' East, 168.50 feet; thence
South 440 18' East, 181.90 feet; thence
North 430 57' East, 225.58 feet; thence
North 30 20' West, 209.70 feet; thence
North 51 25' East, 179.40 feet; thence
North 52 59' East, 219.50 feet; thence
South 16 40' East, 27.00 feet; thence
North 78 03' East, 364.33 feet; to the east line of Government Lot
4, that portion of Government Lot 5 lying North and West of a line extending
Southwesterly from the east line of Section 12 at a point 660 feet South of the
northeast corner thereof to the south line of Government Lot 5 at a point 660
feet East of the southwest corner of Government Lot 5 and all of Government
Lot 6 in St. Croix County, Wisconsin.
St. Croix County Lower St. Croix Riverway Overlay District 17.36 -27
17.36 K. Le al Boundar 1"k, 1, 2005
Sec. 13 That portion of the NW'/ NW V4 lying North and West of a line extended
Southwesterly from the north line of Section 13 at a point 660 feet East of the
northwest corner of Section 13 to the west line of Section 13 at a point 660
feet South of the northwest corner of Section 13.
Sec. 14 That portion of Government Lots 2 and 3 lying North and West of a line
extended from the southwest corner of Section 14 to the northwest corner of
the Southeast quarter of said Section, that portion of Government Lot 4 lying
North and West of the centerline of the Town road, all of Government Lots 5,
6 and 10 in St. Croix County, Wisconsin.
Sec. 15 Government Lots 1 and 8 in St. Croix County, Wisconsin.
17.36 -28 St. Croix County Lower St. Croix Riverway Overlay District