HomeMy WebLinkAboutOrdinance 2024 (936)
Ordinance No. 936 (2024)
ORDINANCE TO REPEAL AND RECREATE CHAPTER 13 - LAND
DIVISION ORDINANCE - OF THE ST. CROIX COUNTY CODE OF
ORDINANCES
COVER MEMO
TO: County Board of Supervisors
FROM: Ken Witt, County Administrator
Jason Kjeseth, Director
DATE: July 2, 2024
AGENDA ITEM: Ordinance to Repeal and Recreate Chapter 13 - Land Division Ordinance -
of the St. Croix County Code of Ordinances
______________________________________________________________________________
BACKGROUND INFORMATION
St. Croix County's current land division ordinance needs to be amended due to state law
changes and new case law. Staff reviewed the ordinance and also simplified some provisions to
streamline the land division process. Many of these amendments are not policy changes, but
rather removing duplicate text from the document. The proposed draft has been reviewed by
Corporation Counsel and a copy of the petition, redline version, and a clean version were
provided to each County Board Supervisor. A proper Class 2 notice was provided prior to this
hearing and the policy changes were shared at the last Towns Association meeting with no
negative feedback.
The policy changes in the proposed draft are as follows:
-Survey required-Removed 35-acre provision to clear up legal descriptions making
properties easier to transfer. Does require surveys of new and remnant parcels.
-Concept Review-Removed because it is not statutory and was a preliminary review for the
preliminary review. Staff still encourage and will do courtesy reviews free of charge.
-Road Provisions- Maintained provisions that ensure orderly development layouts, but had
to strike specific road standards to comply with Rock County court case.
-Conservation Design- Condensed requirements so conservation design is more appealing.
Reduced open space requirement from 50% to 40%.
-Removed excess Zoning Administrator discretion throughout ordinance.
-Limited information on the face of a plat. (Kept information required but adds additional
information)
-Clarified "Contiguous Buildable Area."
-Removed County's obligation to enforce easements, deed restrictions, covenants, and
bylaws unless we are a party to such agreement.
-Removed soil test requirement for new lots unless the lot is 5 acres or less in size or within
a major plat.
-Changed ordinance provisions for consistency with other St. Croix County land use
ordinances.
-Condensed ownership options for Outlots and shared common open space.
-Updated agencies, ordinance references, and submittal requirements.
-Removed unnecessary enforcement comments.
-Increased financial insurance from 50% to 120%; however, no longer are requiring public
improvements to be installed prior to final plat approval.
-Simplified land disturbance section because land disturbance is also regulated by other
ordinances.
-Simplified length to width ratio for all parcels to be 4:1 with 3 measurements to determine
the average.
-Condensed "Developer Agreement" standards.
-Removed "waiver" provisions and inserted variance provisions.
-Reduced fee section to reflect fee schedule approved by Committee.
Ordinance No. 936 (2024)
ORDINANCE TO REPEAL AND RECREATE CHAPTER 13 - LAND
DIVISION ORDINANCE - OF THE ST. CROIX COUNTY CODE OF
ORDINANCES
1 WHEREAS, Chapter 13 - Land Division Ordinance - of the St. Croix County Code of
2 Ordinances is authorized by Wis. Stat. Chs. 236, 145, 92, 281 and §§ 59.69 and 87.30, and
3 Wisconsin Administrative Code § NR 151; and
4
5 WHEREAS, Chapter 13 - Land Division Ordinance applies to all the unincorporated
6 areas of St. Croix County; and
7
8 WHEREAS, on April 19, 2024, the St. Croix County Community Development Director
9 filed, pursuant to Wis. Stat. § 59.69(5)(e), a petition to amend Chapters 12 and 13 of the St.
10 Croix County Code of Ordinances, through the enactment of the proposed amendments attached;
11 and
12
13 WHEREAS, the amendments include revisions to comply with Wisconsin Statutes,
14 Wisconsin Administrative Codes, and recent case law; and
15
16 WHEREAS, a public hearing was held on Thursday, May 16th, 2024, at the St. Croix
17 County Government Center by the Community Development Committee of the St. Croix County
18 Board of Supervisors as required by the provisions of Wis. Stat. § 59.69(5)(e) regarding the
19 proposed amendments; and
20
21 WHEREAS, the Community Development Committee has reviewed said amendments,
22 and recommends the St. Croix County Board of Supervisors enact said amendments to Chapter
23 13 of the St. Croix County Code of Ordinances.
24
25 NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors of the
26 County of St. Croix does ordain that Chapter 13 - Land Division Ordinance - of the St. Croix
27 County Code of Ordinances is repealed and recreated as attached hereto.
28
29 BE IT FURTHER RESOLVED that the provisions of the repealed and recreated
30 Chapter 13 - Land Division Ordinance shall supersede any prior ordinance provisions.
31
32 BE IT FURTHER RESOLVED that the St. Croix County Community Development
33 Department is directed to forward the repealed and recreated ordinance to necessary
34 governmental units and agencies.
35
36 BE IT FURTHER RESOLVED that the amended Chapter 13 - Land Division
37 Ordinance - of the St. Croix County Code of Ordinances shall be published by the County Clerk,
38 pursuant to Wis. Stat. § 59.14, and will become effective upon publication.
Legal – Fiscal – Administrative Approvals:
Legal Note:
Fiscal Impact: No fiscal impact
05/16/24 Enacted
05/16/24 Community Development Committee POSTPONED Next:
06/20/24
RESULT: POSTPONED \[UNANIMOUS\] Next: 6/20/2024 5:00 PM
MOVER: Ryan Sherley, Supervisor
SECONDER: Kerry Reis, Supervisor
AYES: Anderson, Reis, Counter, Sherley, VanSomeren
EXCUSED: Dick Hesselink
06/20/24 Community Development Committee RECOMMENDED
RESULT: RECOMMENDED \[UNANIMOUS\]
MOVER: Ryan Sherley, Supervisor
SECONDER: Jerry VanSomeren, Supervisor
AYES: Shawn Anderson, Kerry Reis, Ryan Sherley, Jerry VanSomeren
Vote Confirmation.
St. Croix County Board of Supervisors Action:
Roll Call - Vote Requirement – Majority of Supervisors Present
RESULT: ENACTED \[UNANIMOUS\]
MOVER: Shawn Anderson, Supervisor
SECONDER: Paul Berning, Supervisor
AYES: Lind, Anderson, Long, Leaf, Reis, Adams, Berning, Ottino, Feidler, Ostness,
Counter, Hansen, Sherley, Tellijohn, Carlson, Barcalow, Swanepoel, VanSomeren,
Ramberg
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on July 2, 2024
Christine Hines, County Clerk