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HomeMy WebLinkAbout12-03-2024 County Board Agenda Board of Supervisors Agenda December 3, 2024 5:00 PM Room 1400 - County Board Room Government Center - 1101 Carmichael Road, Hudson, Wisconsin Call to Order Invocation or Moment of Silence Pledge Allegiance to the Flag Roll Call Public Comment Consent Agenda (Unless separation of an item is requested, all will be adopted in one motion.) 1. Minutes of Previous Meeting - November 6, 2024 2. Date of Next Meeting - January 7, 2025 3. Rezonings 4. Ordinance to Amend the Comprehensive Zoning Ordinance - Section 4, Township 29 North, Range 15 West, Town of Springfield, to Rezone 2.010 Acres from the AG-2 Agricultural Zoning District to the R-1 Residential Zoning District 5. Any Other Item Deemed Routine by the County Board Chair Annual Department Reports 1. Judicial Circuit Court Judges/Court Commissioner/Register in Probate Annual Department Reports County Administrator's Report 1. County Administrator's Report for October 2024 Business 1. Initial Resolution Authorizing the Issuance of $7,500,000 General Obligation Promissory Notes, Series 2025A 2. Resolution Amending Purchasing Policy Page 1 of 207 3. Resolution Approving Text Amendments to the Town of St. Joseph Zoning Ordinance– Chapter 170 (Zoning) / Consideration of Town of St. Joseph Zoning Ordinance Amendments 4. Resolution Requesting the State of Wisconsin to Increase Funding for Circuit Courts 5. Exercise to Prioritize Wisconsin Counties Association (WCA) Legislative Agenda Request for Future Agenda Items County Clerk's Report of Correspondence and Rezoning Requests Announcements Adjournment Reasonable efforts will be made to provide special accommodations for access to public meetings. To request a special accommodation, please contact the County Clerk’s Office at (715) 386-4600 at least two business days prior to the time of the meeting. For more information on St. Croix County's public meetings visit: sccwi.gov/meetings Page 2 of 207 Board of Supervisors Minutes November 6, 2024 5:00 PM Room 1400 - County Board Room Government Center - 1101 Carmichael Road, Hudson, Wisconsin Call to Order The meeting was called to order by Chair Long at 5:00 pm Invocation - Larry Szyman Pledge Allegiance to the Flag Roll Call PRESENT: Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Kerry Reis, Paul Adams, Paul Berning, Rick Ottino, Bob Feidler, Dave Ostness, Scott Counter, Daniel Hansen, Ryan Sherley, Greg Tellijohn, Mark Carlson, Mike Barcalow, Jerry VanSomeren, Tim Ramberg ABSENT: Bob Swanepoel Public Comment No public comment. Consent Agenda (Unless separation of an item is requested, all will be adopted in one motion.) Motion: Motion to Approve Consent Agenda Result: Passed Moved by: Paul Berning Seconded by: Lisa Lind Ayes: Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Kerry Reis, Paul Adams, Paul Berning, Rick Ottino, Bob Feidler, Dave Ostness, Scott Counter, Ryan Sherley, Greg Tellijohn, Mark Carlson, Mike Barcalow, Jerry VanSomeren, Tim Ramberg Excused: Bob Swanepoel Notes: Supervisor Hansen arrived at 5:05 pm 1. Minutes of Previous Meeting - October 1, 2024 2. Date of Next Meeting - December 3, 2024 at 5:00 p.m. 3. Appointments a. County Administrator Appointment of Aaron Sundeen to Fill the Remainder of Three Year Term on Regional Page 3 of 207 Business Fund, Inc. Board of Directors, vacated by Marina Onken, Term Ending December 2026. b. County Administrator Reappointment of Judy Achterhof to the IFLS Board of Trustees for a Three Year Term Ending December 31, 2027 Presentations or Recognitions 1. West Central Wisconsin Regional Planning Commission and Revolving Loan Fund Annual Presentation West Central Wisconsin Regional Planning Commission presentation given by Scott Allen and Amanda Veith. County Administrator's Report County Administrator Ken Witt reviewed the county administrator's report and the financial report for September. 1. County Administrator's Report for September 2024 County Administrator Ken Witt provided an update on the monthly financials, personnel changes, ongoing projects and other key highlights for the month of September. Public Hearing Chair Long opened the public hearing at 5:42 pm. Public Comment: Linda Geraghty, Jeff Lueck, Mary Lestrud, Dave Kruschke, Tara Brown, Tara Thommes, Cheryl Slind, Mary Luckwaldt, Greg Zwald, Valerie Meijer, Cody Richard Graf, Tammy Mitchell, Samanatha Olson, Lori Deboer, Beth Laveele, Kurt Afdahl, Dennis Mitchell, Cindy Brown, Gina Schneider, Jackie Kumm, Chris Lubbey, Jill Berke, Linda Vivoda-Sadee, Matthew Logerig, Christy Johnson. The Public Hearing was closed at 6:51 pm. 1. Public Hearing on the 2025 St. Croix County Budget Business 1. Resolution Adopting 2025 Budget and Establishing Tax Levy Motion #5: Amend the proposed 2025 budget to allocate $100,000 of ARPA funds to serve disproportionately affected populations. Result: Passed Moved by: Paul Berning Seconded by: Lisa Lind Ayes: Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Kerry Reis, Paul Adams, Paul Berning, Rick Ottino, Bob Feidler, Dave Ostness, Scott Counter, Daniel Hansen, Ryan Sherley, Greg Tellijohn, Mark Carlson, Jerry VanSomeren, Tim Ramberg Nays: Mike Barcalow Excused: Bob Swanepoel Motion #4: To Amend the 2025 Budget to Allocate $200,000 of ARPA dollars currently slated for government center HVAC to continue to fund Justice Support Services Case Manager and serve disproportionately affected populations. Result: Failed Moved by: Bob Feidler Seconded by: Cathy Leaf Page 4 of 207 Ayes: Bob Long, Cathy Leaf, Kerry Reis, Paul Adams, Bob Feidler, Dave Ostness, Scott Counter, Daniel Hansen, Tim Ramberg Nays: Lisa Lind, Shawn Anderson, Paul Berning, Rick Ottino, Ryan Sherley, Greg Tellijohn, Mark Carlson, Mike Barcalow, Jerry VanSomeren Excused: Bob Swanepoel Motion #3: To Amend the 2025 Budget to move $185,000 from the Undesignated Fund to continue to fund UW- Extension Result: Passed Moved by: Paul Berning Seconded by: Ryan Sherley Ayes: Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Kerry Reis, Paul Adams, Paul Berning, Rick Ottino, Bob Feidler, Dave Ostness, Scott Counter, Daniel Hansen, Ryan Sherley, Greg Tellijohn, Mark Carlson, Mike Barcalow, Tim Ramberg Nays: Jerry VanSomeren Excused: Bob Swanepoel Motion #2: To Amend the 2025 Budget to allocate $185,000 to UW-Extension and reduce the debt services balance by that amount Result: Failed Moved by: Daniel Hansen Seconded by: Cathy Leaf Ayes: Cathy Leaf, Kerry Reis, Bob Feidler, Dave Ostness, Scott Counter, Daniel Hansen, Greg Tellijohn, Mark Carlson, Tim Ramberg Nays: Lisa Lind, Shawn Anderson, Bob Long, Paul Adams, Paul Berning, Rick Ottino, Ryan Sherley, Mike Barcalow, Jerry VanSomeren Excused: Bob Swanepoel Motion #1: Motion to Approve Resolution Adopting the 2025 Budget and Establishing Tax Levy as now amended Result: Passed Moved by: Bob Feidler Seconded by: Paul Berning Ayes: Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Kerry Reis, Paul Adams, Paul Berning, Rick Ottino, Bob Feidler, Dave Ostness, Scott Counter, Daniel Hansen, Ryan Sherley, Greg Tellijohn, Mark Carlson, Mike Barcalow, Jerry VanSomeren, Tim Ramberg Nays: None Excused: Bob Swanpoel 2. Resolution to Increase Sheriff's Office Civil Process Fees Motion: To Approve Resolution to Increase Sheriff's Office Civil Process Fees Result: Passed Moved by: Bob Feidler Seconded by: Cathy Leaf Ayes: Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Kerry Reis, Paul Adams, Paul Berning, Rick Page 5 of 207 Ottino, Bob Feidler, Dave Ostness, Scott Counter, Daniel Hansen, Ryan Sherley, Greg Tellijohn, Mark Carlson, Mike Barcalow, Jerry VanSomeren, Tim Ramberg Excused: Bob Swanepoel 3. Resolution Encouraging Cooperation with Federal and State Agencies Motion: To Postpone this Resolution indefinitely Result: Passed Moved by: Greg Tellijohn Seconded by: Rick Ottino Ayes: Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Kerry Reis, Paul Berning, Rick Ottino, Bob Feidler, Dave Ostness, Ryan Sherley, Greg Tellijohn, Jerry VanSomeren, Tim Ramberg Nays: Paul Adams, Scott Counter, Daniel Hansen, Mark Carlson, Mike Barcalow Excused: Bob Swanepoel Request for Future Agenda Items Supervisor Ottino requests an update from CASA to the board. Supervisor Reis would like a report from the committee working on artificial intelligence. County Clerk's Report of Correspondence and Rezoning Requests None Announcements December meeting - legislative exercise Adjournment Adjourned at 8:31 p.m. Page 6 of 207 Ordinance to Amend the Comprehensive Zoning Ordinance - Section 4, Township 29 North, Range 15 West, Town of Springfield, to Rezone 2.010 Acres from the AG-2 Agricultural Zoning District to the R-1 Residential Zoning District Cover Memo To: Community Development Committee From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: December 3, 2024 Agenda Item: Ordinance to Amend the Comprehensive Zoning Ordinance - Section 4, Township 29 North, Range 15 West, Town of Springfield, to Rezone 2.010 Acres from the AG-2 Agricultural Zoning District to the R-1 Residential Zoning District Background Information: Barbi Manter has applied to rezone 2.010 acres of land from the AG-2 Agricultural District to the R-1 Residential District in the Town of Springfield. A Class II notice was published in the Star Observer on November 7, 2024, and November 14, 2024, establishing a public hearing on November 21, 2024, at 5:00 PM with the St. Croix County Community Development Committee (CDC) in the St. Croix County Government Center Board Room, 1101 Carmichael Road, Hudson, Wisconsin. The Town Board of the Town of Springfield approved a motion stating they had no objection to the rezoning application. Page 7 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 1 Rezoning Staff Report St. Croix County Community Development Committee Barbi Manter Public Hearing Date: November 21, 2024 Property Owners: Barbi Manter Applicant/Agent: Barbi Manter Site Address: 2909 County Road DD Town: Springfield File #: RZN-2024-009 Legal Description: The NW ¼ of the NW ¼ of Section 4, Township 29N, Range 15W, Town of Springfield, St. Croix County, Wisconsin Total Acres: 2.01 acres Current Zoning: Ag-2 Agricultural District Requested Zoning: R-1 Residential District Attachments: Rezoning application BACKGROUND: Purpose of Request Barbi Manter/Glenwood Apple Orchard, LLC owns 20.35 acres in the Town of Springfield. The owners have an existing dwelling on the property, accessory buildings, an apple orchard, and a barn that hosts events. The property is currently zoned Ag-2 Agricultural. The applicant desires to rezone 2.01 acres of the 20.35 acres to the R-1 Residential District in order to create an additional dwelling eligibility. The 2.01 acres would then be created as a lot on a Certified Survey Map (CSM). The Town of Springfield does not have a land division ordinance and reverts to the St. Croix County minimum lot size requirement of 1.5 acres. The application for rezoning is being submitted in accordance with Section 15.545 of the St. Croix County Zoning Ordinance. If the rezoning is granted, the applicant will need to submit a Certified Survey Map (CSM) application to divide the property and create the second lot. Page 8 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 2 LOCATION MAP – 2909 COUNTY ROAD DD Page 9 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 3 REZONE AREA OUTLINED IN RED (AG-2 TO R-1) Page 10 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 4 PRELIMINARY CERTIFIED SURVEY MAP (CSM) Page 11 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 5 General Features of the Property Based on the Official St. Croix County Zoning Map for the Town of Springfield, the subject parcel is currently zoned Ag-2 Agricultural (outlined in blue on the map below). The property is generally bordered by other properties being farmed and zoned R-1 Residential. Land Use Map I Page 12 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 6 COMPREHENSIVE PLANS: Official zoning maps/ordinances enacted or amended (rezoning of lands) are required to be consistent with the local governmental unit’s Comprehensive Plan, per Wisconsin State Statute 66.1001 (3)(g). Town of Springfield Comprehensive Plan The Town of Springfield Future Land Use Map from the 2011Town of Springfield Comprehensive Plan designates the subject parcel (at point of red arrow) as “General Use”. The Town of Springfield Comprehensive Plan language summary: “The General Use” category is inclusive of residential, commercial, agricultural, tax exempt, manufacturing, industrial and forested. The proposed rezoning is consistent with the Town’s Future Land Use Map. Page 13 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 7 St. Croix County Comprehensive Plan – 2024-2045 St. Croix County Future Land Use: St. Croix County Future Land Use Map (at point of red arrow) The St. Croix County Comprehensive Plan Future Land Use Map designates the subject parcel as “Mixed-Rural Agriculture”. The primary intent of the “Mixed-Rural Agriculture” areas is to preserve productive agricultural lands, while allowing limited residential development than is allowed in the “Agriculture” areas. The County recommends land in this category should be zoned R-1, AG-1, or AG-2. The request for R-1 zoning in this application is consistent with the “Mixed-Rural Agriculture” category in the County Plan. Page 14 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 8 Natural Resource Features Portions of the subject property are included within an Environmental Corridor designation and correspond to areas of slopes in the range of 12-20%. Land Use Map II Page 15 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 9 Land Use Map III There are no unique land features indicated on the subject site such as wetlands, floodplains, streams or shoreland areas. Page 16 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 10 Land Use Map IV Slopes in the range of 12-20% are identified on the subject site. Chapter 15 (Zoning – Grading and Land Disturbance) regulates development on slopes and requires Erosion Control Plan review and approval by Department staff. Page 17 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 11 GOVERNMENTAL AGENCY REVIEW: The Town Board of the Town of Springfield approved a motion to not object to the rezoning request at the August 12, 2024, Town Board meeting. TECHNICAL REVIEW FINDINGS: St. Croix County Comprehensive Plan 2024-2045 The proposed use/change in zoning district(s) will: 1. Provide a balance of land use types throughout the county. 2. Protect the rural character of St. Croix County. St. Croix County Land and Water Resource Management Plan 3. Be consistent or not in conflict with the St. Croix County Land and Water Resource Management Plan. Land Use Ordinances Consistency 4. Development of the property shall comply with standards in Chapter 12 Sanitary, Chapter 13 Land Division, and Chapter 15 Zoning Ordinance. APPLICABLE STATUTES AND CRITERIA: The Community Development Committee shall only recommend approval for rezoning subject to the following provisions: 1. The rezoning and proposed use is consistent with the Town of Cylon St. Croix County Comprehensive Plans. 2. The rezoning and proposed use is consistent with the St. Croix County Natural Resources Management Plan. 3. The rezoning and proposed use is consistent with the St. Croix County Zoning Ordinance and all other applicable Ordinances. 4. The Town has not disapproved the rezoning request. 5. The rezoning and proposed use is consistent with surrounding zoning districts and does not result in spot zoning. 6. The rezoning and proposed use is consistent with surrounding land uses. Page 18 of 207 November 21, 2024 RZN-2024-009 Prepared by St. Croix County Community Development Department 12 COMMUNITY DEVELOPMENT COMMITTEE ACTION: Pursuant to Section 15.545 of the Zoning Ordinance, the Community Development Committee may do one of the following: 1. Recommend approval of the zoning amendment. 2. Recommend disapproval of the zoning amendment. 3. Table the zoning amendment for additional information, if necessary. STAFF RECOMMENDATION: Staff recommends approval of the rezoning amendment from the Ag-1 Agricultural District to the Ag-2 Agricultural, based on the following findings of fact: 1. Based on Technical Review Findings (# 1-4), the rezoning is consistent with the Town Comprehensive Plan and the St. Croix County Natural Resources Management Plan. 2. The Town of Springfield and St. Croix County Comprehensive Plans include Future Land Use Map designations and Future Land Use designation descriptions that support the rezoning change from the Ag-2 Agricultural to the R-1 Residential Zoning District. 3. The Town Board of Springfield does not object to the rezoning application. 4. The proposed use is consistent with and can comply with standards in Chapter 15 Zoning Ordinance. Page 19 of 207 S TY REZONING APPLICATION'at$ul Pu Existing Zoning District Proposed Zoning District APPLlCANT INFORMATION ,J Croix County Board of Supervisors to amend the zoning district as follows on the parcel described hereint.ol from L L Acres to be Rezoned B*hProperty Mailing lqwd Cell: (__)_ Contractor/Agent Mailing Address: Daytime Phone: t_) _ Cell: (_)_ E-mail: SITE INFORMATION wner 11 Address:Uol Lot"^*" €J D D oaytime rhone: /l1 y ilq-N7b E-marl:&nLr-r 7iLp. ftZil.Lt,L+- Ofiice Use Only Revised 2-2023 ComlrunitY Detelolttt$t OCT 11 021, StCrohCou Sitc Address D Property Location: _14, _l/4, Sec. _, T. N., R._W., Town of S1c-r^:ea.., Parcel #$3q-;$ -1 - GC - ano ALT Parcel # I attes, that the inlotmslion ntained in this application is true snd correcl to the best of my knowledge. Property 0wner Signature: Contractor/Agent Signature: Date Date tllzy OFFICE USE ONLY te Accepted l!-/_L &y Accepted By:sr+ ee Received:Receipt #: St. Croix Counry Govemment Ccnter 1l0l Carmichael Road, Hudson, WI 54016 Ac REOUEST Zoning Ordinancc $ 15.545 and Wisconsin Statc Statutes $ 59.69(5), I hcrcby pctition thc St. to ) Docs a Farmland Preservation agreement exist on thc sitc? _ Yes _{_ No FEES Pteose reference cutent fee schedule. Application Fee: (payable to St. Croix County) $ _ Applications are due on thc l'r Mondav of each month. Applications rvill not bc accepted until the applicant has met with dcpartmcnt staff and it has becn determined that all ncccssary information has been provided. illlo'* _ 7 t 5-386-4680 cdd(rilsccwi.gov 7 I 5-2454250 Fala www.sccwi.pov RZN-2024-009 Page 20 of 207 CHECKLIST FOR COMPLETE APPL]CATION J Original plus 5 copies ot application packer to inctude Aerial Photo (can be obtained from County website at www.sccwi.gov , in the search box type Land Information Scaled map with exact boundaries ofparcel to be rezoned. Drawing: to include short term or long term plans for the property identiffing future use, density, layout etc. Completed rezoning questionnaire (page 3 of the application). lntersection Warrants Analysis if required + Property's most recent tax bill (this can be obtained at the County Treasurer's office) for proofof ownership. List ofall adjoining land-owner names and mailing addresses (includes properties across roadways). Metes and Bounds description or boundary description (typically prepared by a registered land surveyor). tr Application fee (non-refundable) payable to: St. Croix County You may be required to conduct an "Intersection Warrants Analysis" study to determine the fiafFrc impact, and address safety concems on major roadways. This study is conducted and financed by you and reviewed by the Community Development Department and St. Croix County Highway Department (call the Highway Department with questions at 7 I 5-796-2227) Please Note: Application materials should not include covers, binders or envelopes. Application packets should be collated and either stapled or paper clipped in the upper left-hand corner. All maps, plans, and engineering data must be submitted on paper no larger than 11x17. REZONING PROCEDURE The following process takes anylvhere fiom 60 to 90 days to complete. Step 1, Pre-Application Meeting: Prior to submitting an application the landowner or their agent must schedule a meeting with County Community Developmcnt Department staffto discuss the application and the process. Since Towns have statutory authoily to disapptove of a rezoning request, applicane are encourased to olso meet with Township olJicials prior to submitting an application lo the Counbt ,o ascertain their level of support for the request. Step 2, Application Submittal and Review: Applications are due on the !] Mo4lgy of the month. Applications will not be accepted if the applicant has not met with staff prior to submitting an application. The application must include all items identified on the checklist. After a preliminary review, additional information may be requested. Once it has been determined that all requested information has been obtained thc application will undergo an interdepartmental and interagency review. This review includes notification to thc Town in which the requcst takes place. Step 3, Town Review and Comment: As identified in Step 2, the interagency review process involves notification to thc applicable Town for their consideration and comment. Under Wisconsin State Statute $ 59.69 Towns have the authority to disapprove a rezoning request before the County Board. While individual Towns may have different proccsses for review and commert back to the County, all Towns will likely place the rezoning request on an agenda for discussion and recommendation by their Town Board. The applicant should lollow this process closely and ensure that the issue is placed on a Town asenda and a resolution supporting the request is forN,srded to the Counv in a timely mannen Approval by the County is difTicult to obtain without formal Town support. Step 4, Public Hearing: All rezoning requests must undergo a public hearing before the St. Croix County Community Development Committee. A notice ofthe hearing is published in local newspapers for 2 weeks prior to the scheduled hearing date. Notice of the hearing is also sent to all adjacent property owners. Hearings are typically held on the 3d Thursday ofthe month (subject to change) in Hudson or Baldwin following completion ofthe interdepartmental and interagency review. Step 5, County Board Approval: Upon approval by the Community Development Committee, a recommendation is forwarded to the County Board for action at thei-r next regularly schcduled meeting. Once approved by the County Board the rezoning is complete, pending any conditions that may have been placed on the approval. tr o tr tr tro o o Page 2 oJ 3 RZN-2024-009 Page 21 of 207 REZONING QUEST]ONAIRE All rezonings are to be consistent with County land use plans, County ordinances and other applicable local plans. Your application will be reviewed by staff and presented to the County Community Development Committee for consistency with the following ordinances and plans: St. Croix County Zoning Ordinance (Ch. l5), St. Croix County Land Division Ordinance (Ch. 13), St. Croix County Sanitary Ordinance (Ch. l2), St. Croix County Comprehensive Plan, St. Croix County Outdoor Recreation Plan and the St. Croix County Land and Water Natural Resources Management Plan. It is the applicant's responsibility to show that their proposed use is substantially consistent with these ordinances and plans. Each ordinance and plan is available for rcview by contacting the Community Development Department or on the County website at: www.sccwi.gol'. To assist in determining how your proposed use relates to the aforementioned ordinances and plans, please answer the following questions on a separate sheet ofpaper utd include them with your application materials. 1) Explain why you wish to rezone thisl)t ,ta'* 4s bail"l p property. Identiff the proposed use if rezoned. [an+fi lwwrt 2) Explain the compatibility of your proposed use and plans as well as any Tou'n ordinances or plans. fut qte'lt^, o^l^1 k7 trt o1,vl 6,4.ea ord,wtrd q^d taud fu.u-. as AjZ U.o^rrt a).e ArL,"L,l,t^, iJ,lt b,"tilt *tu orvfur,4 *74 +1"t rt.ra aa/ otclLq'd with uses on existing properties in the vicinity of this site. qu/L abt4/,AJ<^ a,aal /tp^..r-'lo rut- As a thruiL,1 3) Explain any interaction that you have had with the Town in which this property resides and elaborate on any concems they may have with your request. A qw,L+ in J{'t -Tow,r db Spu"+ LSIU/ Wrrwu't+u fi Acuvu i B brll At A- 4vwy yultt 4L UrJ , 11v,, alrtal aaa W//vu/ut'tol, 4) Explain how the proposed use will affect stormwater runofl wetlands or will impact any shoreland areas. tL lP 5) Discuss if the site has any wildlife, scenic or recreational value that should be protected or enhanced. Indicate if you are willing to pursue such efforts as part ofyour proposed use ofthe property. tL lA 6) If the proposed use is residential development please submit a concept plan of an anticipated lot layout and describe any significant features on the site (wetlands, floodplain, poor soils, steep slopes, etc.) that either support development or are challenging. 7) Discuss any additional issues your feel that supports the consistency ofyour proposed use with County ordinances 8) Ifproposing to rezone out of the Agriculture Zoning District, explain how your request does or does not comply following (Wisconsin State Starute g 91.48): That adequate public facilities to accommodate development either exist or will be provided within a reasonable time. That the provision ofpublic facilities to accommodate development will not place an uffeasonable burden on the ability of affected local units of govemment to provide them. That the land proposed for rezoning is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an urreasonably adverse effect on rare or irreplaceable natural areas. Page 3 of 3 RZN-2024-009 Page 22 of 207 State Bar of Wisconsin Form I I -2003 LAIYDCONTRACT rTO BE USED FOR NON.CONSUM ER ACT TRANSACTIONS) Document Numb€r Document Name CONTRACT, by and between Kellv C. Maflinsly and Dana M. Mattinslv. ('Vendor," whcther one or more), Company ('Purchaser," whaher one or more). Vendor sells and agrees to convey to Purchaser, upon the prompt and full performance of this Contacl by Purchaser, the following real estate, together with the rents, profits, fixtures and other apputcnant interests ('Property'), in St. Croix County, State of Wisconsin: See legel description in rttrched Erhibit A. Purchaser agrees to purchase the Property ard to pay to Vendor at 1505 96'h Street,New Richmon4 Wisconsin 5401 7 1183951 BETH PABST REGISTER OF OEEDS sT. cRotx co,, wr RECETVED FOR RECORD 09/261?024 O2:2O PA €xEilPT*: REC FEE 3O.OO TRA S FEE t,gqO.OO PAGES: 5**Thc aboye r.cording information verifics t rat this document has bccn cle(troni(.lly rccorded & rctumed to thc submittcr Racordiog fuEa NaEc aDd Rdi[tr AddrBs LobcrE L.* O6cc' LLP 359 W. Main St. Ellswonh, w,I 51Ol I 03+ t007-60-200 Psrcd ld.difc.tioo Nusb.f (PIID This is not honBtcad prcPcrty (k) (is Dot) This i5 a purchasc moncy mongrge. the sum of $650,000.00 in the following marmer: lttiffij- (a) $20,000.00 at thc orogution of this Contract and $5,00O.0O preriously paid to Sella by Buyer; and (b) the balance of $625,000.00, tog€th€r with interest from the date hereof on the bala:rce outstanding from time to time at the rate of 6.0% per annurn until paid in firll as follows: Monthly instalknents of$3,737.13, including principal and int€rest, commencing Octob€r 10,2024, and continuing on the lOe day of each succeeding month. LnJerest shall accme from Septonber 26,2024, mdthe entire outstanding balance shall be paid in firll on or before September 10, 2034 (Mahrity Date.) Payments shall be applied first to interest on the unpaid balance at the rate specified and then to principal. Purchaser's signatue on Page 4 ofthrs Land Contract serves to acknowledge receipt ofa Lead Paint Disclosure dated and a Lead Paint Booklet. Vendor shall pay 2024 Real Estate Taxes due in 2025 prorated tfuough date ofclosing of Seplerbet 26,2024. State Bar Form 1l-Page I St. croix County 1 183951 Page 1 of 5 husband and wife and Glenwood Apple Orchard. LLC, a Wiscorsin Limited Liabilitv Cuoosr ONf,, OF THE FOLLO\ilING OPrIONS: IF NO OPTION IS CEOSEN. OPTION A SHALL APPLY: $ A Any arnount may be prepaid withoul prmium or fee upon principal at any time. E B. Any amount may bc prepaid without prerrium or fee r.pon principal at any time after E C. There may be no prepayment ofprincipal without written permission of Vendor. O 2OO3 STATf, BAROF WISCONSIIi RZN-2024-009 Page 23 of 207 .II.lrlSF rtNtr' rlF TI{F I I rl\r/IN,.f 'ID'I'IANA. IN NEITIIDD IC 'HTTCEN OPTIrlN A C.IIA ' I ADDT l/. I A. Any prcpa)rm€ot shall be applied to principal in the inverse order of mahrity and shall not delay the due dates or change the amount ofthe remaining payments until the unpaid balance ofprircipal and interest is paid in firll. E B. In the event of any prepayment, this Contract shail not be teated as in default with respect io paymcnt so lohg as the uryaid balance ofpdncipal and int€rest (and in such case accruing interest Aom month to month shall be tEated as unpaid principal) is less than the amount that said indebtedness would have be€n had the monlhly payments bEen made as specified above; provided that monthly payments shall continue in the evenl of credit of any proceeds of ir:surarce or condernnatioq the condemncd prernises being thereafter excluded from this Contract. Purchaser shall pay prior to delinquenry all taxes atrd assessments levied on the Property hoeafter, and deliver to Vendor on d€rnand r€ceipts shox,ing such paym.ent. Puchas€r slnll keep the improvernents on the Propo'ty insured agains loss or &mage occasioned by fire, extended coverage perils and such other hazards as Veirdor may requirg without co-insuranc.e, tbrough insurers apptoved by Veador, in the amount of the firll rcplacement value of the improvernents on the Property. Puchaser shall pay the insurance premiums when due. The policies qhall contain the standard clause in favor of Vendor's interest, and evidence of such policies covering the Property shatl be provided to Vendor. Purchaser shall promptly give notice of loss to insurance companies and Vendor. Unless Pruchaser and Vendor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property dannged, provided Vendor decms the restoration or repair lo be economically feasible. E Purchaser is required to pay Vendor aEounts sufncieDt to pay reasonabty anticipated tlxes, rssessments, aDd insurance premiums as part of Purchaser's regular payments ICEECK BOX AT LEFI IF APPLICABLEI. Purchaser shall not commit waste nor allow waste to be committed on the Property, kee,p the Property in good tenantable condition and repair, and free from liens sup€rior to t}le lien of this Contract, and comply with all laws, ordinances and regulatioru affecting the Property. If a repair required of Purchaser relates to an insured casualty, Purchaser shall not be responsible for per:forming such re.pair ifVendor does not make available to Puchaser the insr.u-ance proceeds therefor. Vendor agees thit if the purchase price with interest is firtly paid and all conditions fi:lly performed as specifted hereirl Vendor will execute and deliver to Puchaser a Waranty Deed in fee simple of the Property, free and clear of all liens and encumbrances, exc€pt those created by the act or default of Purchaser, and: CHOOSE OI{E OF TIIE FOLLOWING OPIIONS; IFNO OTTION IS CEOSEN, OPTION A SEALL APPLY: El A. Purchaser states that Purchaser is satisfied with the title as shown by the title evidence zubmitted to l\rrchas€r for examination, at the time of orecution of this Contract. E B. Purchaser states that the following exceptions set forth in the title evidence submittcd to Purchaser for examination, at the time of execution of this Contract, are unsatisfactory to Purchaser C. No title evidence was provided prior to execution ofthis Contract. State Bar Form 1 1-Page 2 St. Croix County 118395'1 Page 2 of 5 @ 2OO3 STATE BAN OF WISCONSIN RZN-2024-009 Page 24 of 207 CHOOSE ONE OF TEE FOLLOWING OPfIONS; IF NEITIIER IS CHOSEN, OPIION A SEALL APPLY: tr A. Purchaser agrees to pay the cost of future title evidence. fl B. Vendor agrees to pay the cost of future title €vidence. Purchaser shall be entitled to take possession ofthe Property on: Septembet 26,2024 Time is ofthe essence as to all provisions hereunder. Purchaser agrees that in the event ofa default in the payment ofprincipal or interest which continues for a period of-30- days following thc due date or a defar.rlt in performance of any other obligation of Purchaser which continues for a period of -30- days following written notico thereofby Vendor (delivered personally or mailed by certified rnail), the entire or.nstanding balance under this co,nkact shall become immediately due and payable at Vendols option and without notice (which Purchaser hereby waives), and Vendor may singln altematively or in combination: (i) terminate this Contract and either recover the Property tbrough strict foreclosure or have the Property sold by foreclosure sale; in either event with a period ofredernptior:, in the court's discretion, to be conditioned on firll payment ofthe entire outstanding balance, with interest thermn from the date of default and other amounts due heramder (failing which all amouDts previously paid by Purchaser shall !s fqrfeiled as liquidated damages for failure to fulf,ll this Contract ar:d as rental for the Property); (ii) sue for specific performance of rhis Contract; (iii) sue for the ''rrJraid purchase price or aay portion thereof; (iv) declare this Contract at an end and re,moye this Cotrtract as a cloud on title in a quid-title action if the equitable interest ofPruchesEr is insipificanl; (v) have Purchaser ejected from possession ofthe koperty and have a rcceiy€r appointEd to colloct any rents, issues or profits; or (vi) pursue any other rernedy available in law or equity. An election of any of the foregoing remedies shall only be binding on Vendor if and when pursued in litigation. All costs and experses including reasonable attomey fees of Vendor incurrcd to pursue any r€medy hereunder to th€ extent not prohibited by law and expenses oftitle evidence shall be paid by Purclnser and included in any judgrnent. The parties agree that Vendor shall have the o,ptiorx sa forth in this paragra.ph available to exercise in Vendols sole discretion. Following any default in payment, interest shall accrue at the rate of 2 oZ per annum on the enlire amount rn default (which shall include, without limitation, interest and, upon acceleration or maturity, the entire principal balance). Verrdor may waive any default without waiving any other subsequent or prior default of Puchaser Purchaser may not bansfer, sell or convey any l€gal or equitable inter€st in the l@y, including but not limited to a lease for a terrn great€r than 916 yssl', without the prior written consent of Vendor unless the outstanding balance payable undEr this Coltract is paid in firll. [n the event of arry such transfer, sale or conveyance without Vendols written consent, the elrtire outstanding balance payable under this Contract shall become immediately due and payable in fuIl at Vendor's option without notice. All terms of this Conhact shall be bhdirrg upon and inure to the benefit of the heirs, legal represenratives, successors and assigns of Vendor and Purchaser. State Bar Form I l-Page 3 SL Croix County 1 183951 Page 3 of 5 @ 2OO3 STATE BAR OF WISCONSIN RZN-2024-009 Page 25 of 207 Dated VENDORS:PURCHASER: Apple Orcha rd, LLC *B L. Cole, Managing Member ACKNOWLEDGMENT STATE OF WISCONSIN ST. CROD( COIATY (SEAL)(SEAL) (SEAL) y C. Mattingly ll-tu a A^ , \.\e1tr^4 In (sEAL)t Daru M. Mattingly Signatur{s) authe icated oD TITLE: MEMBER STATE BAR OF WSCONSIN (Ifnot, authorized by Wis. Stat. $ 706.06) THIS INSTRUMENT DRAFTED BY: Loberg Law Offic€, LLP Personally came before me on Septerrber 26,2024,1he above- named Kelly C. Mattingly, Dana M. Mattingly, and Hannony L. Cole, to me known to be the persons who executed the foregoing instrument and acknowledged the same ANO A.C,..',/"-J|€.4- V tr ) ) ss. ) (SiSDrttrrrr mry be rutheDti.st€d or rcklowlcdSed. Both 8re rot oecc$sry,) NOTE| THIS IS A STANDARI' FORJU. ANY MODTFICATIONS TO THIS FORM SHOULD BE CLEARLY IDENTITIED.LANDCOMRACT STATE BAR OF WISCONSB{ FORM NO.ll-2003 I Typc darne bclow sigDrtures. State Bar Fomr 1 l-Page 4 ..--.;)':;'*ua ii"l ari%' j.H: 'r-G*-\ *oN .,' rD -:?,i*:,9*:s St. Croix County 1183951 Page 4 of 5 O 2OO3 STAIE BAR OF WISCONSIN S6m:.*t.ru,rx- Z*, znul AUTIIENTICATION Notary Public, State of Wisconsin Mv Commission ex oiu:rr,: Ct z)-/ z3.-r--.-r-.-Robert L. Loberg cH RZN-2024-009 Page 26 of 207 EXHIBIT A Parc€l 1: Lot 1 of Certified Suryey Map filed September 8, 199t1, in Vol. 12 of C.S.M., pg. 3515, as Doc. No. 586690, located in part of the Fractional Northwest Quarter of the Northwest Quarter (Frtl NW% of the NW%) of Section 4, Township 29 North, Range'15 West, Tolvn of Springfield, St. Croix County, Wisconsin. Parcel 2: TOGETHER WTH access via the existing driveway ovsr adioining lands as evidenc€d by that certain Wananty De€d dated May 23, 19'16, recorded September 21, 1916, in Vol. 149 of Records, pg. 581, as Doc. No. 12904{tA. Legal Descripfoo St. Croix County 1183951 Page 5 of 5 s24{1885 RZN-2024-009 Page 27 of 207 Northwest Corner Section 4-2915 Survey lvlark Nail County Trunk Highwo y "DD" a --L_-__-f--L 1..)(oo J U) oo tr L-tI N89'36',34'E z q ! ({(,{ P0B S89'36',34',vz .,1 (^) co ao.e ) o STALE 1" = 100' 0 10 0'600'I o LE6END Found Government Corner (Corner Verified)v ParceI Description to be Rezoned Part of the Northwest quarter of the Northwest quarter of Section 4, Township 29 North, Range 15 West, Town of Springfield, St. Croix County, Wisconsin; more particularly described as follows: Commencing at the West quarter corner of said Section 4 thence N01"17'38'W, along the West line of the Northwest quarter of said Section 4, a distance of 2100.89 feet; thence NB9'36'34'E, a distance of 761.51 feet to the point of beginning; thence N01'25'57"W, a distance of 315.00 feet; thence N89"36'34"E, a distance of 278.00 feet; thence S01'25'57"E, a distance of 315.00 feet; thence 589"36 34'W, along the south line of said Lot 1, a distance of 278.00 feet to the point of beginning. The described parcel contains 87,556 square feet, (2.010 acres). ['*d)s9so (.J q e78.00' 274.00', tr ! N89'35',34'.E--iat-sr'------ E L___ - West 1,/4 Corner Section 4-29-15 Survey Mark Nail RZN-2024-009 Page 28 of 207 LOT 2 csM 1El4740 Northwest Corner Section 4-29-15 Survey Mark Nail__l --4 LOT 1 UNPLATTED LANDS L rne Data L1 s02'59'43"W L2 S10'52'24"W 7 4.O7' L3 s8r'04'58"E 121.89' (,c)-c o q)o.C\nsOUTLOT 1 csM 26l605EcsM 26l605E County Trunk H igh woy "DD"North 1/4 Corner Section 4-29-15 Survey Mark Nail 4D DRAFTED BY L___-f 1_-L +_A- v - --.,]r -t_ _.f_-L 644.01' s89'36'54"W Glenwood Apple Orchard, LLC 2909 Cty Rd DD Glenwood City, Wl 54013 - - orr}- -83.01 Joel A. Brandt JB Surveying LLC 38"W N)(o O f a oo @ I -.1 FLN E U,-.?8 ={>>HEEI>-:x9tQ9*4 L \J IY I.JJ -[=><5co-O^u,>-zYo-*o'U-Z\-.,/ c\l LL r-fr=ctr*ZF- -L ^' r! <'Eau.u< 4Zd,--) A3E9H s;EiE.TArrY',,F=^zi6 9E=r{l!x6=S-J- \J r- __7 L! 5Eh9iE<B;9fd N01'17 z LOT 1 I,-t Found Government Corner (Corner Verified) Set 3/4" x 18" lron Rebar weighing'1.502 lbs./foot Found'1" lron Pipe Computed position Recorded Data csv 27 /618j Completion Date October 2024 g North is referenced to the West Line of the Northwest Quarter of Section 4-29-15, which bears N01'17'38'W (St. Croix County Grid System) 0. a t{ & D V) aH h F& E]O UNPLA TTED LANDS LOT 1 csM. 27 /6299 1= I I o,-{ l.rN lzNr'O-l_o.-iol!tn t r,i '= 1286.72' LOT 3 1319.72' 2- West 1/4 Corner d Section 4-29-15 Survey Mark Nail csM r 3/3580 S[ALE, 1" = 250' 250'. LEGEND 0 50 0'I Each parcel on this map is subject to State and County laws, rules and regulations(i.e. wetlands, minimum lot size, access to parcels, density limitations, etc.). Before purchasing or developing any parcel, contact the Community Development Department and Town Board for advice. o o (o.oo') o L?r 2 87,556 sq. ft 2.010 ocres s89'J6'54'rV 1318.12'N89'36'34"E hoLrse z = ao Nt: (n-.t frl N 2AO.21'76r.51' 33.00'! sh rEr 00' L?r I 1285.12' 798,864 sq. ft. 18.339 ocresincl. r-o-w NE9'36'34"E 27A.OO' 776,682 sq. ftI7.830 ocres excl. r-o-w Centerline of 20 foot wide accets easement o- ..1 z (r-: t I T 275.42', _2935.L8' PREPARED FOR E RZN-2024-009 Page 29 of 207 t CERTIFIED SURVEY MAP PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 29 NORTH, RANGE 15 WEST, TOWN OF SPRINGFIELD, ST. CROIX COUNTY, WISCONSIN, BEING LOT 1 OF CERTIFIED SURVEY MAP, VOLUME 12, PAGE 1315, DOCUMENT NUMBER 586690 DESCRIPTION A parcel of land located in part of the Northwest quarter of the Northwest quarter of Section 4, Township 29 North, Range 15 West, Town of Springfield St. Croix County, Wisconsin; more particularly described as follows: Lot 1 of Certified Survey Map, Volume 12, Page 3515, Document Number 586690, recorded in the Office of the Register of Deeds, St. Croix County, Wisconsin. The described parcel contains 866,419 square feeL (2.349 acres), and is subject to easements of record. SURVEYOR'S IERTIFIIATE l, Joel A. Brandt, Professional Land Surveyor, hereby certify: That I have Surveyed, Divided, and Mapped the above described parcel of land in full compliance with the provisions of Chapter 236.34 of the Wisconsin State Statutes, and Chapter A-E 7 of the Wisconsin Administrative Code "Minimum Standards for Property Surveys" in surveying, dividing and mapping the same. That such map is a correct representation of the exterior boundaries of the land surveyed and the subdivision thereof made, and was done by the direction of Glenwood Apple Orchard, L.L.C. .loel A. Brandt, P L 5. 5-2603 JB SURVEYING LLC STATE OF WISCONSIN ) COUNTY OF ST. CROIX ) SS t,the duly elected, qualified and acting treasurer of the county of St Croix, do hereby certify that the records in my office show no unpaid taxes or special assessments as of Survey Map unredeemed tax sales and no affecting the lands of this Certified Treasurer Sheet2of3Sheets Date RZN-2024-009 Page 30 of 207 CERTIFIED SURVEY MAP PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECIION 4, TOWNSHIP 29 NORTH, RANGE 15 WEST, TOWN OF SPRINGFIELD, ST. CROIX COUNTY, WISCONSIN, BEING LOT 1 OF CERTIFIED SURVEY MAP, VOLUIilE i2, PAGE 1315, DOCUN/ENT NUMBER 586690. OWNER'S TERTIFICATE OF DEDIIATION OF EASEMENTS l, Harmony L. Cole, Owner and Managing Member, hereby certifiy that we have caused the land described on this Certified Survey Map, to be surveyed, divided, mapped and dedicated as represented on this map as well as the access easement as shown on this map is required by 5.236.10 or 5.236.12, to be submitted to the County of St. Croix for approval or objection: lN WITNESS THE HAND AND SEAL OF SA|D OWNER, this_day of )024. ln the precence of: Harmony L. Cole, Owner State of Wisconsin ) County of St. Croix)SS Personally came before me this d ay of - 2024, the above named owner, to me known to be the same person who executed the foregoing instrument and acknowledged the same. NOTARY SEA NOTARY PUBLIC, ST. CROIX COUNIY, WISCONSIN MY COMMISSION EXPIRES Sheet3of3Sheets RZN-2024-009 Page 31 of 207 Ordinance No. 939 (2024) ORDINANCE TO AMEND THE COMPREHENSIVE ZONING ORDINANCE - SECTION 4, TOWNSHIP 29 NORTH, RANGE 15 WEST, TOWN OF SPRINGFIELD, 2.010 ACRES, FROM AG-2 AGRICULTURAL DISTRICT TO R-1 RESIDENTIAL DISTRICT The County Board of Supervisors of the County of St. Croix does ordain as follows: 1 2 The St. Croix County Code of Ordinances, Land Use and Development, for the County of St. 3 Croix, Wisconsin, is hereby amended by rezoning the following property: 4 5 Part of the Northwest quarter of the Northwest quarter of Section 4, Township 29 North, Range 6 15 West, Town of Springfield, St. Croix County, Wisconsin; more particularly described as 7 follows: 8 9 Commencing at the West quarter corner of said Section 4; thence N01°17’38”W, along the West 10 line of the Northwest quarter of said Section 4, a distance of 2100.89 feet; thence N89°36’34”E, a 11 distance of 761.51 feet to the point of beginning; thence N01°25’57”W, a distance of 315.00 feet; 12 thence N89°36’34”E, a distance of 278.00 feet; thence S01°25’57”E, a distance of 315.00 feet; 13 thence S89°36’34”W, a distance of 278.00 feet to the point of beginning. The described parcel 14 contains 87,556 square feet (2.010 acres). 15 16 From AG-2 Agricultural Zoning District to R-1 Residential Zoning District. 17 18 The official zoning map of the Town of Springfield on file in the Community Development 19 Department shall be amended in accordance with this ordinance. 20 21 This ordinance shall be effective upon passage and publication as provided in Wis. Stat. § 59.14. 22 This ordinance shall not be codified. 23 Community Development Committee Recommended MOVER: Jerry VanSomeren SECONDER: Kerry Reis AYES: Shawn Anderson, Scott Counter, Kerry Reis, Jerry VanSomeren EXCUSED: Ryan Sherley St. Croix County Board of Supervisors Action: This Ordinance was ENACTED by the St. Croix County Board of Supervisors on: December 3, 2024 ___________________________________ ___________________________________ Bob Long, County Board Chair Christine Hines, County Clerk Page 32 of 207 2024 Annual Report ST. CROIX COUNTY REGISTER IN PROBATE DEPARTMENT Mission Statement Provide efficient, effective and expeditious administration of justice and ensure equal access to court services. Summary of Responsibilities Administer and maintain the Court Record for 10 different case types including: Probate, Guardianship, Minor Guardianship, Child Protection, Juvenile Delinquency, Termination of Parental Rights, Adoption, Mental Commitments, Temporary Physical Custody and Juvenile Injunctions. Also, perform case management, clerk hearings and provide a high level of customer service to pro se litigants, counsel and other county departments including: Children’s Services, Corporation Counsel, Adult Protection and the District Attorney’s office. Program Summary The Register in Probate office is a mandatory service rather than a program, please see summary above. Goals / Objectives Achieved Department Budget Status (*through November 1, 2024) Other Accomplishments •Transitioned prosecution of CHIPS (child protection) cases to Corporation Counsel •Staff completed strength based assessment and training led by UW-Extension •Second Deputy created electronic paperless records for all Adoption files •Continued integration of CASA volunteer participation in CHIPS matters •Register served the first year of a 2 year term as Treasurer of the Wisconsin Register in Probate Association 2024 Budgeted Revenues $1, 196, 717 2024 Actual Revenues*$1,033, 412 2024 Budgeted Expenses $1,196,717 2024 Actual Expenses*$994,456 2024 Budgeted Tax Levy $965,7147 2024 Actual Tax Levy*$804, 764 Page 33 of 207 2024 Case Statistics with 2024 Comparison (*through November 2023) Case Type *2024 2023 Child Protection 51 72 Temp Physical Custody 45 73 Juvenile Delinquency 43 93 Minor Guardianship 37 38 Termination Parent Rights 11 22 Adoption 24 17 Juvenile Mental Cmtmt 14 20 Mental Cmtmt 61 83 Guardianship 64 73 Probate/Estates 125 117 Issues, Concerns and Restraints As was noted in 2023, there continues to be a shortage of local attorneys that are willing to serve as Court appointed counsel for parents in child protection matters, which has an impact on Court efficiency. The cases are increasingly complex and we have had several Jury Trials this year, which is historically unusual. Goals and Objectives for Current Year – looking forward to 2025, we are excited to move to the renovated space which allows us to serve the public in a more comprehensive manner. Page 34 of 207 County Administrator Monthly Report – December 2024 Financial •The Sheriff’s Office received a $195,442 Safer Outcomes Grant for De-Escalation and Crisis Response Training for Law Enforcement •2025 Budget has been adopted. Personnel •There are 16 current position recruitments as of the writing of this report. Many of them include the new positions authorized in the 2025 budget. •We had 7 new hires in the month of October, 136 year to date. Projects •County Highway A and McCutcheon Road roundabout is completed. •Highway 35 Phase I trail construction is completed. •Glen Hills Park bathroom project has started. •Dispatch remodel for dispatcher console positions 7 & 8 wrapping up. •Department of Correction space build out has started. DOA budget office and legal counsel have both signed off on the lease. Waiting for State Building Commission approval in December. July 1, 2025 start date ahead of schedule. •Onsite clinic design is wrapping up. Project completion estimated May 2025. Other •Sheriff Knudson was recognized by the Wisconsin Badger State Sheriffs’ Association as the 2024 Wisconsin Badger State Sheriff of the Year. The first annual recognition by the organization, making it even more special. Page 35 of 207 County Administrator's Financial Report October 2024 Print Date November 21, 2024 FY23 FY23 FY24 FY24 Percent Total Thru Oct Budget YTD Balance Remaining REVENUES Administrative Revenues 110 General 0000 Default 5,636,812 1,304,599 0 201,615 -201,615 -28,864,294, 784,685,308. 00% 110 General 1010 Unallocated 1,309,446 218,772 0 1,556,384 -1,556,384 - 110 General 1110 County Board & Committees/Commissions 159,763 133,136 161,749 160,222 1,527 0.94% 110 General 1320 Corporation Counsel 638,860 532,397 812,944 678,253 134,691 16.57% 110 General 1410 Administrator 533,959 400,601 541,956 469,738 72,219 13.33% 110 General 1420 County Clerk 383,416 324,227 374,406 332,733 41,673 11.13% 110 General 1430 Human Resources 607,059 505,491 551,792 459,827 91,966 16.67% 110 General 1440 Elections 69,610 62,008 136,500 107,350 29,150 21.36% 110 General 1450 Information Technology 2,705,791 2,256,397 2,744,353 2,295,286 449,067 16.36% 110 General 1510 Finance 651,383 538,601 657,977 540,172 117,805 17.90% 110 General 1520 County Treasurer 402,500 367,850 426,918 464,813 -37,894 -8.88% 110 General 1610 Facilities 2,482,484 1,885,878 2,315,491 1,924,921 390,570 16.87% 110 General 5110 Library 1,113,922 928,268 1,715,062 1,429,218 285,844 16.67% 115 Contingency 1010 Unallocated 0 -0 -- - 295 Dog License All Cost Centers 21,373 20,304 20,000 18,878 1,122 5.61% Debt Service Funds All Cost Centers 10,712,539 8,927,116 10,984,463 9,720,386 1,264,077 11.51% Internal Service Funds All Cost Centers 16,733,420 13,935,777 14,270,000 13,477,263 792,737 5.56% Subtotal Administrative Revenues 44,162,337 32,341,421 35,713,611 33,837,057 1,876,554 5.25% Community Development Revenues 110 General 1710 Register of Deeds 348,792 295,308 525,796 496,132 29,664 5.64% 110 General 3600 Sanitation 85,789 58,897 80,200 51,321 28,879 36.01% 110 General 5400 Recreation Facilities 80,000 66,667 80,000 66,667 13,333 16.67% 110 General 5620 UW Extension 255,671 213,232 255,703 212,416 43,287 16.93% 110 General 6400 Zoning Dept 2,016,551 1,693,829 2,047,901 1,798,673 249,228 12.17% 110 General 6700 Economic Development Corp 117,000 97,500 115,500 96,250 19,250 16.67% 120 Parks All Cost Centers 958,228 853,011 941,148 832,663 108,486 11.53% 125 Recycling All Cost Centers 208,796 208,355 206,288 205,159 1,129 0.55% 130 Land and Water Conservation All Cost Centers 816,208 368,871 897,762 437,360 460,403 51.28% 250 Land Records Retained Fees All Cost Centers 166,918 151,646 178,999 109,919 69,080 38.59% 270 Pesticide Training All Cost Centers 260 260 0 6,419 -6,419 - Subtotal Community Development Revenues 5,054,213 4,007,576 5,329,299 4,312,978 1,016,321 19.07% Health and Human Services Revenues 225 Health and Human Services 4110 Public Health 2,239,309 1,737,006 2,031,395 1,706,449 324,946 16.00% 225 Health and Human Services 4310 Behavioral Health 5,094,407 4,101,044 6,273,480 5,858,329 415,151 6.62% 225 Health and Human Services 4320 CCS 5,337,886 2,207,454 5,926,651 2,040,764 3,885,887 65.57% 225 Health and Human Services 4410 Economic Support 1,369,270 847,413 1,285,408 833,026 452,382 35.19% Page 36 of 207 County Administrator's Financial Report October 2024 Print Date November 21, 2024 FY23 FY23 FY24 FY24 Percent Total Thru Oct Budget YTD Balance Remaining 225 Health and Human Services 4510 Children Services 7,221,858 5,989,741 7,224,324 6,074,939 1,149,385 15.91% 225 Health and Human Services 4610 Aging & Disability Resource Center 2,987,417 2,363,224 2,544,218 1,931,591 612,627 24.08% 225 Health and Human Services 4920 Health & Human Services Administration 2,046,051 1,234,967 1,937,451 1,162,425 775,026 40.00% 610 Health Center Campus 4210 Skilled Nursing Facility 5,552,378 4,243,299 6,249,977 5,709,129 540,848 8.65% 610 Health Center Campus 4230 Kitty Rhoades (Dementia)15,051 -55,223 -55,223 100.00% 610 Health Center Campus 4240 Orchard View 2,091,299 1,747,541 2,239,805 1,741,710 498,095 22.24% 110 General 4710 Veterans Services 369,897 308,276 334,198 281,333 52,864 15.82% Subtotal HHS Revenues 34,324,824 24,779,963 36,102,129 27,339,694 8,762,435 24.27% Transportation Revenues 650 Highway All Cost Centers 22,167,142 19,117,658 19,669,429 19,198,378 471,051 2.39% Subtotal Transportation Revenues 22,167,142 19,117,658 19,669,429 19,198,378 471,051 2.39% Public Protection Revenues 110 General 1210 Circuit Court 1,072,360 807,425 1,196,717 1,033,412 163,306 13.65% 110 General 1220 Clerk of Courts 2,124,840 1,791,281 2,105,287 1,843,929 261,358 12.41% 110 General 1240 Medical Examiner 384,636 315,018 373,656 308,556 65,099 17.42% 110 General 1250 Justice Services 889,843 598,975 893,667 747,115 146,552 16.40% 110 General 1310 District Attorney 1,398,409 1,075,345 1,365,238 1,061,832 303,406 22.22% 110 General 1330 Child Support 838,118 613,908 964,917 613,806 351,110 36.39% 110 General 2110 Law Enforcement 8,972,435 7,374,628 10,424,073 8,626,473 1,797,601 17.24% 110 General 2700 Correction and Detention 4,692,081 3,839,235 4,795,124 3,958,883 836,241 17.44% 110 General 2510 Emergency Management 191,954 84,446 233,796 131,597 102,199 43.71% 110 General 2600 Emergency Communication 2,437,223 2,031,019 2,533,095 2,094,519 438,576 17.31% 280 Jail Improvement All Cost Centers 57,061 48,796 0 53,934 -53,934 - 285 K-9 All Cost Centers 43,131 21,405 0 34,170 -34,170 - 286 Drug Task Force All Cost Centers 46,126 36,848 0 70,795 -70,795 - 287 County Drug Fund All Cost Centers 50,767 38,171 0 178,512 -178,512 - 290 Stop Drug All Cost Centers 7,100 7,100 0 -- - Subtotal Public Protection Revenues 23,206,083 18,683,600 24,885,570 20,757,532 4,128,037 16.59% Total Revenues 128,914,600 98,930,219 121,700,037 105,445,640 16,254,397 13.36% EXPENSES Administrative Expenses 110 General 1010 Unallocated 1,481,146 895,417 0 7,784,684 -7,784,684 - 110 General 1110 County Board & Committees/Commissions 136,918 102,277 161,749 131,686 30,063 18.59% 110 General 1320 Corporation Counsel 629,552 475,054 812,944 638,218 174,726 21.49% 110 General 1410 Administrator 513,330 387,629 541,956 369,317 172,639 31.85% 110 General 1420 County Clerk 364,472 293,335 374,406 300,583 73,822 19.72% 110 General 1430 Human Resources 496,867 371,092 551,792 334,707 217,086 39.34% 110 General 1440 Elections 64,924 57,285 136,500 101,547 34,953 25.61% Page 37 of 207 County Administrator's Financial Report October 2024 Print Date November 21, 2024 FY23 FY23 FY24 FY24 Percent Total Thru Oct Budget YTD Balance Remaining 110 General 1450 Information Technology 2,675,393 2,204,624 2,744,353 2,203,231 541,123 19.72% 110 General 1510 Finance 588,245 459,259 657,977 501,909 156,067 23.72% 110 General 1520 County Treasurer 362,226 295,271 426,918 294,212 132,706 31.08% 110 General 1610 Facilities 2,185,708 1,508,429 2,315,491 1,656,271 659,220 28.47% 110 General 4300 Mental Health Services 0 31 0 -- - 110 General 5110 Library 1,113,924 1,113,924 1,715,062 1,741,171 -26,109 -1.52% 110 General 7000 Capital Outlay 672 672 0 -- - 295 Dog License All Cost Centers 22,205 21,187 20,000 16,327 3,673 18.36% Debt Service Funds All Cost Centers 14,477,210 14,472,460 10,984,463 10,979,376 5,087 0.05% Internal Service Funds All Cost Centers 18,011,569 12,761,087 14,270,000 10,171,315 4,098,685 28.72% Subtotal Administrative Expenses 43,124,360 35,419,032 35,713,611 37,224,553 -1,510,943 -4.23% Community Development Expenses 110 General 1710 Register of Deeds 426,886 347,159 525,796 362,485 163,311 31.06% 110 General 3600 Sanitation 84,595 78,445 80,200 58,852 21,348 26.62% 110 General 5400 Recreation Facilities 80,000 80,000 80,000 80,000 0 0.00% 110 General 5620 UW Extension 227,131 117,971 255,703 121,323 134,380 52.55% 110 General 6100 Resources Land & Water Conservation 25,374 14,149 0 4,773 -4,773 - 110 General 6400 Zoning Dept 1,999,469 1,605,752 2,047,901 1,622,967 424,935 20.75% 110 General 6700 Economic Development Corp 116,335 116,173 115,500 116,263 -763 -0.66% 120 Parks All Cost Centers 957,536 772,277 941,148 685,986 255,163 27.11% 125 Recycling All Cost Centers 207,400 184,626 206,288 185,426 20,862 10.11% 130 Land and Water Conservation All Cost Centers 737,705 560,693 897,762 603,371 294,392 32.79% 250 Land Records Retained Fees All Cost Centers 232,127 203,010 178,999 196,254 -17,255 -9.64% 270 Pesticide Training All Cost Centers 0 -0 -- - 410 SCRCP Capital Project All Cost Centers 0 0 0 -- - Subtotal Community Development Expenses 5,094,557 4,080,254 5,329,299 4,037,700 1,291,599 24.24% Health and Human Services Expenses 225 Health and Human Services 4110 Public Health 2,034,707 1,628,020 2,031,395 1,509,111 522,284 25.71% 225 Health and Human Services 4310 Behavioral Health 5,404,323 4,197,582 6,273,480 4,941,608 1,331,872 21.23% 225 Health and Human Services 4320 CCS 5,357,645 4,138,208 5,926,651 3,983,826 1,942,825 32.78% 225 Health and Human Services 4410 Economic Support 1,249,502 1,000,222 1,285,408 982,295 303,113 23.58% 225 Health and Human Services 4510 Children Services 8,182,004 6,439,327 7,224,324 6,788,810 435,514 6.03% 225 Health and Human Services 4610 Aging & Disability Resource Center 3,003,020 2,415,860 2,544,218 2,064,097 480,122 18.87% 225 Health and Human Services 4920 Health & Human Services Administration 2,248,174 1,808,147 1,937,451 1,686,788 250,663 12.94% 610 Health Center Campus 4210 Skilled Nursing Facility 5,912,166 4,491,451 6,249,977 4,806,231 1,443,746 23.10% 610 Health Center Campus 4230 Kitty Rhoades (Dementia)17,394 13,798 55,223 85,107 -29,884 -54.11% 610 Health Center Campus 4240 Orchard View 2,032,506 1,610,653 2,239,805 1,541,718 698,087 31.17% Page 38 of 207 County Administrator's Financial Report October 2024 Print Date November 21, 2024 FY23 FY23 FY24 FY24 Percent Total Thru Oct Budget YTD Balance Remaining 110 General 4710 Veterans Services 356,682 291,523 334,198 264,631 69,567 20.82% Subtotal HHS Expenses 35,798,122 28,034,791 36,102,129 28,654,222 7,447,907 20.63% Transportation Expenses 650 Highway All Cost Centers 21,864,575 16,053,193 19,669,429 17,884,202 1,785,227 9.08% Subtotal Transportation Expenses 21,864,575 16,053,193 19,669,429 17,884,202 1,785,227 9.08% Public Protection Expenses 110 General 1210 Circuit Court 1,080,291 795,410 1,196,717 995,181 201,536 16.84% 110 General 1220 Clerk of Courts 2,171,139 1,691,256 2,105,287 1,869,766 235,521 11.19% 110 General 1240 Medical Examiner 362,134 272,084 373,656 299,338 74,318 19.89% 110 General 1250 Justice Services 926,488 697,663 893,667 732,344 161,323 18.05% 110 General 1310 District Attorney 1,372,707 1,075,830 1,365,238 1,073,927 291,311 21.34% 110 General 1330 Child Support 828,104 645,459 964,917 737,488 227,429 23.57% 110 General 2110 Law Enforcement 9,358,964 7,350,558 10,424,073 7,849,003 2,575,070 24.70% 110 General 2700 Correction and Detention 4,553,817 3,624,371 4,795,124 3,570,815 1,224,309 25.53% 110 General 2510 Emergency Management 174,146 140,399 233,796 188,059 45,737 19.56% 110 General 2600 Emergency Communication 2,331,537 1,887,647 2,533,095 1,954,558 578,537 22.84% 280 Jail Improvement All Cost Centers 53,296 24,380 0 83,125 -83,125 - 285 K-9 All Cost Centers 51,535 33,730 0 53,781 -53,781 - 286 Drug Task Force All Cost Centers 43,278 39,854 0 26,138 -26,138 - 287 County Drug Fund All Cost Centers 42,471 14,718 0 114,619 -114,619 - 290 Stop Drug All Cost Centers 8,806 -0 -10,903 10,903 - Subtotal Public Protection Expenses 23,358,712 18,293,358 24,885,570 19,537,239 5,348,331 21.49% Total Expenses 129,240,327 101,880,629 121,700,037 107,337,916 14,362,122 11.80% Report Total -325,727 -2,950,410 0 -1,892,276 - - Page 39 of 207 County Wide Cash & Investments Wells Fargo Balance $3,366,375.70 LGIP - State Investment Pool 9,994,229.25 Investments with Advisor 64,082,235.87 Bond Investment 15,939,069.99 TOTAL 93,381,910.81 2024 / 2023 2023 / 2022 2022 / 2021 Vehicle Registration Fees 41170 2024 2023 2022 2021 Variance Variance Variance Annual Budget 875,000.00 865,000.00 840,000.00 840,000.00 10,000.00 25,000.00 0.00 Budget per Month 72,916.67 72,083.33 70,000.00 70,000.00 833.33 2,083.33 0.00 January registrations (rec'd in March)87,557.88 63,709.13 59,381.95 63,468.87 23,848.75 4,327.18 (4,086.92) February registrations (rec'd in April)118,878.62 62,764.89 60,744.88 60,509.00 56,113.73 2,020.01 235.88 March registrations (rec'd in May)137,072.00 81,873.51 82,118.74 84,691.00 55,198.49 (245.23)(2,572.26) April registrations (rec'd in June)154,860.00 75,579.00 74,913.00 77,345.94 79,281.00 666.00 (2,432.94) May registrations (rec'd in July)155,872.75 82,375.50 80,763.00 74,542.56 73,497.25 1,612.50 6,220.44 June registrations (rec'd in August)152,334.50 81,374.13 79,141.50 82,580.00 70,960.37 2,232.63 (3,438.50) July registrations (rec'd in September)143,486.25 79,360.88 76,202.00 78,169.50 64,125.37 3,158.88 (1,967.50) August registrations (rec'd in October)170,786.00 79,445.12 82,542.77 79,774.50 91,340.88 (3,097.65)2,768.27 September registrations (rec'd in November)69,739.00 73,731.10 71,572.62 (3,992.10)2,158.48 October registrations (rec'd in December)70,785.00 71,777.37 66,673.92 (992.37)5,103.45 November registrations (rec'd in January)66,472.90 61,423.00 62,991.48 5,049.90 (1,568.48) December registrations (rec'd in February)62,012.10 56,686.97 57,817.91 5,325.13 (1,130.94) Totals 1,120,848.00 875,491.16 859,426.28 860,137.30 514,365.84 16,064.88 (711.02) Average Month 140,106.00 72,957.60 71,618.86 71,678.11 2024 / 2023 2023 / 2022 2022 / 2021 Sales Tax Progress 41220 2024 2023 2022 2021 Variance Variance Variance Annual Budget 11,600,000.00 10,500,000.00 9,000,000.00 8,500,000.00 1,100,000.00 1,500,000.00 500,000.00 Budget per Month 966,666.67 875,000.00 750,000.00 708,333.33 91,666.67 125,000.00 41,666.67 January (rec'd in March)800,671.86 783,190.93 782,409.83 632,164.68 17,480.93 781.10 150,245.15 February (rec'd in April)581,576.20 723,882.01 786,888.47 834,227.57 (142,305.81)(63,006.46)(47,339.10) March (rec'd in May)1,260,438.65 935,748.93 766,992.32 826,857.04 324,689.72 168,756.61 (59,864.72) April (rec'd in June)912,048.26 1,251,098.80 1,130,214.04 1,089,420.22 (339,050.54)120,884.76 40,793.82 May (rec'd in July)949,715.53 1,038,445.70 1,031,312.39 938,046.59 (88,730.17)7,133.31 93,265.80 June (rec'd in August)1,274,785.88 1,364,100.14 1,105,404.16 937,503.01 (89,314.26)258,695.98 167,901.15 July (rec'd in September)1,033,141.16 1,120,065.36 1,182,103.62 1,096,977.75 (86,924.20)(62,038.26)85,125.87 August (rec'd in October)1,121,069.13 908,168.26 977,504.96 950,359.43 212,900.87 (69,336.70)27,145.53 September (rec'd in November)1,294,012.64 1,160,289.64 886,232.63 133,723.00 274,057.01 October (rec'd in December)1,011,113.57 1,160,401.06 991,006.42 (149,287.49)169,394.64 November (rec'd in January)691,494.45 722,791.84 758,619.48 (31,297.39)(35,827.64) December (rec'd in February)1,511,369.72 1,256,369.31 1,057,147.36 255,000.41 199,221.95 Totals 7,933,446.67 12,632,690.51 12,062,681.64 10,998,562.18 (191,253.46)570,008.87 1,064,119.46 Average Month 991,680.83 1,052,724.21 1,005,223.47 916,546.85 ADMINISTRATION COMMITTEE MONTHLY REPORT As of October 31, 2024 Page 40 of 207 2024 St. Croix County Capital Improvement Plan Project Status Report Dated: October 31, 2024 Year Prior Prior Years 2024 2024 Remaining Revenues:Budgets Actual Budget YTD Balance Property/Asset Sales 50,000 144,343 Grants/Other Govts -4,890,252 Bonds & Interest -1,435,449 Total Revenues 50,000 6,470,043 Expenses: General Public Buildings 7140 10001 2024 Building Remodeling/Furniture/Plumbing 200,000 169,559 30,441 7320 10004 2024 Fleet Vehicle Replacement 250,000 299,972 Completed 7140 10005 2024 Equipment/Electrical Equipment 65,000 40,164 Completed 7140 10006 2024 HVAC Replacement 125,000 88,876 36,124 7140 10007 2024 Safety and Security 45,000 39,593 5,407 7140 10051 2024 Parking Lot patch and seal 50,000 59,416 (9,416) 7140 10109 2024 Landscaping NH/CBRF 55,000 3,150 51,850 7140 10120 2024 Nursing Home Grease Trap 30,000 13,305 Completed 7140 10138 2024 Jail Wire Mesh Screening 550,000 28,880 521,120 7140 10139 2024 Randox Toxicology Machine 45,000 49,392 Completed 7140 10150 2024 Government Center Health Clinic 10,558 (10,558) 7140 10106 2022 Government Center Expansion 79,743,000 33,160,711 26,624,582 19,957,708 Information Technology 7150 10002 2024 IT Recurring Projects 75,000 32,766 42,234 7150 10070 2024 Copy Machines for COC and DA 18,000 18,000 Health & Human Services 7160 10003 2024 replacement vehicles for ADRC 45,000 90,661 Completed Public Protection 7210 10000 2024 Squad Cars 550,000 755,472 (205,472) 7210 10029 2024 Computer Forensic Upgrade 10,000 7,611 Completed Emergency Services 10089 2024 911 Call center expansion 524,000 173,443 350,557 10142 2024 DC Battery power replacement 40,000 36,532 Completed Parks 7620 10075 2021Bike Ped Plan SCRC Loop Trail to Willow River State Park Connection 920,000 107,246 362,599 450,156 7620 10035 2024 Parks Equipment 18,000 15,910 2,090 7620 10036 2024 Ongoing maintenance 50,000 50,000 7620 10099 2024 Glen Hills campground flush station 920,000 115,640 804,360 Total Expenses 80,663,000 33,267,956 3,665,000 29,018,080 22,094,600 January 1, 2024 Fund Balance 56,685,876 Plus 2024 Revenues 6,470,043 Minus 2024 Expenses 29,018,080 Current Ending Fund Balance 34,137,838 Reserved for Approved Projects 22,094,600 Unreserved Fund Balance 12,043,238 Page 41 of 207 2024 St. Croix County American Rescue Plan Act (ARPA) Status Report Dated: October 31, 2024 Year Prior Years 2024 Remaining Revenues:Budgets Actual YTD Balance Grants/Other Govts 17,614,887 Expenses: General Public Buildings 1510 700220 2021 Unreimbursed Covid-19 Expenses 112,824 112,824 Closed 1610 700230 2021 HVAC Baldwin Ag Center Outside Air Intake 37,677 37,677 Closed 1610 700240 2021 HVAC HCC Replace Controllers 304,644 304,644 Closed 1610 700250 2021 HCC Stormwater Infiltration 12,369 12,369 Closed 405 700260 2022 Lost Revenue 10,000,000 10,000,000 Closed Information Technology 1450 700200 2021 Broadband Study 92,034 92,034 Closed 1010 700210 2022 Citizen Broadband 4,000 4,000 Closed 1010 700270 2021 Broadband Last Mile 2,970,996 1,481,146 1,384,684 closed 1410 700200 2023 Broadband Map Study 53,275 53,275 Closed Health & Human Services 4920 700100 2022 Electronic Health Record System Update 119,888 119,888 Closed 4310 700110 2022 BH Peer Recovery Support Specialist 451,306 79,580 116,294 255,433 4310 700120 2022 BH Pretreatment Early Intervention Services 250,000 147,091 70,329 32,581 4310 700130 2022 BH Mobile Crisis Partnership 500,000 300,191 141,966 57,844 4310 700140 2022 BH In-Home/On-Site BH Therapy 400,000 250,312 68,016 81,672 4310 700150 2022 Contract with Partner Organizations 140,000 17,469 27,565 94,966 4310 700160 2022 Detox Withdrawal Management Services 150,000 30,810 52,408 66,783 4310 700170 2021 Onyx Rental Assistance Program 100,000 49,800 26,100 24,100 610 700180 2021 Direct Care Staff Compensation 300,000 300,000 Closed 4710 700190 2022 VA Outreach 17,375 17,375 Closed Public Protection 1250 700310 2022 Pretrial Case Managers 320,000 222,625 closed 2110 700300 2022 Law Enforcement Staff Compensation 250,000 250,000 Closed 2700 700300 2022 Law Enforcement Staff Compensation 125,000 125,000 Closed 1420 700320 2023 Meeting Software Update 50,000 25,431 Closed 1250 700330 2023 Second Drug Testing Site JSS 75,000 37,228 37,772 1210 700340 2023 CASA Support for 2023 & 2024 300,000 100,000 200,000 closed 1450 700350 2023 Glenwood City Park Broadband Fiber 125,000 closed 405 700360 2023 Government Center HVAC Construction Balance**904,027 Balance** Total Expenses 17,261,389 14,108,110 3,054,046 651,150 Total ARPA funding 17,614,887 Prior year expenses 14,108,110 Current year expenses 3,054,046 Encumbered 651,150 Balance**(198,419) Page 42 of 207 Resolution No. 48 (2024) INITIAL RESOLUTION AUTHORIZING THE ISSUANCE OF $7,500,000 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2025A 1 WHEREAS, the County Board of Supervisors of St. Croix County, Wisconsin (the 2 “County”) hereby finds and determines that it is necessary, desirable and in the best interest of 3 the County to issue, pursuant to Chapter 67, Wisconsin Statutes, general obligation promissory 4 notes in an amount not to exceed $7,500,000 for public purposes, including paying the cost of 5 constructing a satellite highway shop and other authorized CIP projects (collectively, the 6 “Project”); 7 8 WHEREAS, the County Board finds and determines that the Project is within the 9 County’s power to undertake and serves a “public purpose” as that term is defined in Wis. Stat. § 10 67.04(1)(b); and 11 12 WHEREAS, it is desirable to borrow the funds needed for the Project through the issuance 13 of general obligation promissory notes pursuant to Chapter 67, Wisconsin Statues. 14 15 NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of Supervisors 16 that there shall be issued general obligation promissory notes of the County in a principal amount 17 not to exceed $7,500,000 for the public purpose of paying the cost of the Project. There be and 18 there hereby is levied on all the taxable property in the County a direct, annual tax in such years 19 and in such amounts as are sufficient to pay when due the principal and interest on such notes. 20 21 BE IT FURTHER RESOLVED by the St. Croix County Board of Supervisors that: 22 23 Section 1. Authorization of Notes. For the purpose of financing the Project, the County 24 shall issue general obligation promissory notes designated “General Obligation Promissory 25 Notes, Series 2025A” (the “Notes”). 26 27 Section 2. Sale of the Notes. The County Board of Supervisors hereby authorizes and 28 directs that the Notes be offered for public sale. At a subsequent meeting, the County Board of 29 Supervisors shall consider such bids for the Notes as may have been received and take action 30 thereon. 31 32 Section 3. Official Notice of Sale. The County Administrator (in consultation with the 33 County’s municipal advisor, Ehlers & Associates, Inc. (“Ehlers”)) is hereby authorized and 34 directed to cause the sale of the Notes to be publicized at such times and in such manner as the 35 County Administrator may determine and to cause copies of a complete Notice of Sale and other 36 pertinent data to be forwarded to interested bidders as the County Administrator may determine. 37 38 Section 4. Official Statement. The County Administrator (in consultation with Ehlers) 39 shall also cause an Official Statement to be prepared and distributed. The appropriate County 40 officials shall determine when the Official Statement is final for purposes of Securities and Page 43 of 207 41 Exchange Commission Rule 15c2-12 and shall certify said Statement, such certification to 42 constitute full authorization of such Statement under this Resolution. 43 44 Section 5. Conflicting Resolutions; Severability; Effective Date. All prior resolutions, 45 rules or other actions of the County Board of Supervisors or any parts thereof in conflict with the 46 provisions hereof shall be, and the same are, hereby rescinded insofar as the same may so 47 conflict. In the event that any one or more provisions hereof shall for any reason be held to be 48 illegal or invalid, such illegality or invalidity shall not affect any other provisions hereof. The 49 foregoing shall take effect immediately upon adoption and approval in the manner provided by 50 law. 51 Administration Committee Recommended MOVER: Bob Long SECONDER: Scott Counter AYES: Paul Berning, Scott Counter, Bob Feidler, Bob Long EXCUSED: Ryan Sherley St. Croix County Board of Supervisors Action: This Resolution was ADOPTED by the St. Croix County Board of Supervisors on: ___________________________________ ___________________________________ Bob Long, County Board Chair Christine Hines, County Clerk Page 44 of 207 December 3, 2024 (DRAFT) PRE-SALE REPORT FOR St. Croix County, Wisconsin $7,500,000 General Obligation Promissory Notes, Series 2025A               Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, MN 55113 Advisors: Sean Lentz, Senior Municipal Advisor Brian Reilly, Senior Municipal Advisor Josh Low, Associate Municipal Advisor     BUILDING COMMUNITIES. IT’S WHAT WE DO. Page 45 of 207   Presale Report St. Croix County, Wisconsin December 3, 2024 Page 1 Proposed Issue: $7,500,000 General Obligation Promissory Notes, Series 2025A Purposes: The proposed issue includes financing for the following purposes: Finance construction of satellite highway shop and other capital improvement plan projects  General Obligation Promissory Notes, Series 2025A. Debt service will be paid from ad valorem property taxes. Authority: The Notes are being issued pursuant to Wisconsin Statute:  67.12(12) The Notes will be general obligations of the County for which its full faith, credit and taxing powers are pledged. The Notes count against the County’s General Obligation Debt Capacity Limit of 5% of total County Equalized Valuation. Following issuance of the Notes, the County’s total General Obligation debt principal outstanding will be $122,011,000, which is 14% of its limit. Remaining General Obligation Borrowing Capacity will be approximately $758,386,370. Term/Call Feature: The Notes are being issued for a term of 20 years. Principal on the Notes will be due on June 1 in the years 2027 through 2045. Interest will be due every six months beginning June 1, 2026. The Notes will be subject to prepayment at the discretion of the County on June 1, 2033 or any date thereafter. Bank Qualification: Because the County is expecting to issue no more than $10,000,000 in tax exempt debt during the calendar year, the County will be able to designate the Notes as “bank qualified” obligations. Bank qualified status broadens the market for the Notes, which can result in lower interest rates. EXECUTIVE SUMMARY OF PROPOSED DEBT Page 46 of 207   Presale Report St. Croix County, Wisconsin December 3, 2024 Page 2 Rating: The County’s most recent bond issues were rated by Moody’s Investors Service. The current rating on those bonds is “Aa1”. The County will request a new rating for the Notes. If the winning bidder on the Notes elects to purchase bond insurance, the rating for the issue may be higher than the County's bond rating if the bond rating of the insurer is higher than that of the County. Basis for Recommendation: Based on your objectives, financial situation and need, risk tolerance, liquidity needs, experience with the issuance of Notes and long-term financial capacity, as well as the tax status considerations related to the Notes and the structure, timing and other similar matters related to the Notes, we are recommending the issuance of Notes as a suitable option. Method of Sale/Placement: We are recommending the Notes be issued as municipal securities and offered through a competitive underwriting process. You will solicit competitive bids, which we will compile on your behalf, for the purchase of the Notes from underwriters and banks. An allowance for discount bidding will be incorporated in the terms of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Notes are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to reduce your borrowing amount. Premium Pricing: In some cases, investors in municipal bonds prefer “premium” pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid more than face value is considered “reoffering premium.” The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. For this issue of Notes, any premium amount received that is more than the underwriting discount must be placed in the debt service fund and used to pay a portion of the interest payments due on the Notes. The amount of premium can be restricted in the bid specifications. Restrictions on premium may result in fewer bids but may also eliminate large adjustments on the day of sale and unintended impacts with respect to debt service payment. Ehlers will identify appropriate premium restrictions for the Notes intended to achieve the County’s objectives for this financing. Page 47 of 207   Presale Report St. Croix County, Wisconsin December 3, 2024 Page 3 Other Considerations: The Notes will be offered with the option of the successful bidder utilizing a term bond structure. By offering underwriters the option to “term up” some of the maturities at the time of the sale, it gives them more flexibility in finding a market for your Notes. This makes your issue more marketable, which can result in lower borrowing costs. If the successful bidder utilizes a term bond structure, we recommend the County retain a paying agent to handle responsibility for processing mandatory redemption/call notices associated with term bonds. Review of Existing Debt: We have reviewed all outstanding indebtedness for the County and find that there are no refunding opportunities currently. We will continue to monitor the market and the call dates for the County’s outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the County has more than $10,000,000 in outstanding debt subject to a continuing disclosure undertaking (including this issue) and this issue does not meet an available exemption from continuing disclosure, the County will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually, as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking Board (the “MSRB”), as required by rules of the Securities and Exchange Commission (SEC). The County is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: The County must ensure compliance with certain sections of the Internal Revenue Code and Treasury Regulations (“Arbitrage Rules”) throughout the life of the issue to maintain the tax- exempt status of the Notes. These Arbitrage Rules apply to amounts held in construction, escrow, reserve, debt service account(s), etc., along with related investment income on each fund/account. IRS audits will verify compliance with rebate, yield restriction and records retention requirements within the Arbitrage Rules. The County’s specific arbitrage responsibilities will be detailed in the Tax Exemption Certificate (the “Tax Compliance Document”) prepared by your Bond Attorney and provided at closing. The Notes may qualify for one or more exception(s) to the Arbitrage Rules by meeting 1) small issuer exception, 2) spend down requirements, 3) bona fide debt service fund limits, 4) reasonable reserve requirements, 5) expenditure within an available period limitation, 6) investments yield restrictions, 7) de minimis rules, or; 8) borrower limited requirements. An Ehlers arbitrage expert will contact the County within 30 days after the sale date to review the County’s specific responsibilities for the Notes. The County is currently receiving arbitrage services from Ehlers in relation to the Notes. Page 48 of 207   Presale Report St. Croix County, Wisconsin December 3, 2024 Page 4 Investment of Note Proceeds: Ehlers can assist the County in developing a strategy to invest your Note proceeds until the funds are needed to pay project costs. Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf. Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. For services you have not previously required, we have identified a service provider. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre-sale note sizing includes a good faith estimate of these fees, but the final fees may vary. If you have any questions pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Counsel and Disclosure Counsel: Quarles & Brady LLP Paying Agent: U.S. Bank Trust Company, National Association Rating Agency: Moody's Investors Service, Inc. Page 49 of 207   Presale Report St. Croix County, Wisconsin December 3, 2024 Page 5 Pre-Sale Review by Board of Supervisors: December 3, 2024 Due Diligence Call to Review Official Statement: May 2025 Conference with Rating Agency: May 2025 Distribute Official Statement: Week of May 24, 2025 Board of Supervisors Meeting to Award Sale of the Notes: June 3, 2025 Estimated Closing Date: July 15, 2025 Attachments Estimated Sources and Uses of Funds & Debt Service Schedule Chart – General Obligation Borrowing Capacity with 2025 Notes Chart – Total County Debt Levy with 2025 Notes Table – Projected Impact of 2025 Notes on Property Taxes EHLERS’ CONTACTS Sean Lentz, Senior Municipal Advisor (651) 697-8509 Brian Reilly, Senior Municipal Advisor (651) 697-8541 Josh Low, Associate Municipal Advisor (651) 697-8596 Emily Wilkie, Senior Public Finance Analyst (651) 697-8588 Beth Mueller, Senior Financial Analyst (651) 697-8553 PROPOSED DEBT ISSUANCE SCHEDULE EHLERS’ CONTACTS Page 50 of 207 Exhibit 1 For Discussion Only St. Croix County, WI Estimated Debt Service and Capitalization Schedules $7,500,000 General Obligation Promissory Notes, Series 2025A Year Principal Rate Interest Total P&I 2025 2026 100,000 3.800% 379,124 479,124 2027 350,000 3.400% 266,800 616,800 2028 300,000 3.300% 255,900 555,900 2029 300,000 3.300% 246,000 546,000 2030 300,000 3.300% 236,100 536,100 2031 500,000 3.350% 222,775 722,775 2032 500,000 3.450% 205,775 705,775 2033 500,000 3.500% 188,400 688,400 2034 500,000 3.550% 170,775 670,775 2035 500,000 3.600% 152,900 652,900 2036 500,000 3.700% 134,650 634,650 2037 450,000 3.800% 116,850 566,850 2038 400,000 3.850% 100,600 500,600 2039 400,000 3.900% 85,100 485,100 2040 400,000 3.950% 69,400 469,400 2041 300,000 4.000% 55,500 355,500 2042 300,000 4.050% 43,425 343,425 2043 300,000 4.100% 31,200 331,200 2044 300,000 4.150% 18,825 318,825 2045 300,000 4.200% 6,300 306,300 Totals 7,500,000 2,986,399 - 10,486,399 Dated Date: 7/15/2025 First Interest Payment: 6/1/2026 First Principal Payment: 6/1/2027 Presale True Interest Cost (TIC): 3.95% All Inclusive Cost (AIC): 4.14% Total Sources Par Amount of Notes 7,500,000 Total Sources 7,500,000$ Uses Underwriter's Discount 93,750 Cost of Issuance 114,700 Deposit to Project Construction Fund (Including Rounding)7,291,550 Total Uses 7,500,000$ Issue Summary Key Dates Interest Rates Rates are 50 bps over current market conditions - Aa1 Rating Sources and Uses Prepared by Ehlers 11/6/2024Page 51 of 207 Exhibit 2 For Discussion Only Prepared by Ehlers 11/5/2024 $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 $700,000,000 $800,000,000 $900,000,000 $1,000,000,000 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 General Obligation Borrowing Capacity ‐With Proposed 2025 Notes G.O. Debt Outstanding Page 52 of 207 Exhibit 3 For Discussion Only $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Total County Debt Levy ‐With Proposed 2025 Promissory Notes Existing Debt Levy Proposed 2025 Debt Issue Page 53 of 207 Exhibit 4 For Discussion Only St. Croix County, WI Projected Tax Impact from proposed 2025 Debt Issuance Projected Debt Mill Rate 2024/25 0.63 2025/26 0.65 Projected Equalized 2025-26 Property Value Tax Increase $100,000 $2.66 $200,000 $5.32 $250,000 $6.65 $300,000 $7.98 $400,000 $10.64 $500,000 $13.31 $600,000 $15.97 $700,000 $18.63 $800,000 $21.29 $900,000 $23.95 $1,000,000 $26.61 $1,250,000 $33.26 $1,500,000 $39.92 $1,750,000 $46.57 $2,000,000 $53.22 $3,000,000 $79.83 $4,000,000 $106.44 $5,000,000 $133.05 Notes: Assumes no growth in Equalized Valuation Median home price in St. Croix County is 399,923 per zillow.com Prepared by Ehlers 11/6/2024 Page 54 of 207 Resolution Amending Purchasing Policy Cover Memo To: Administration Committee From: Ken Witt, County Administrator Date: December 3, 2024 Agenda Item: Resolution Amending Purchasing Policy Background Information: Purchasing policy changes include linking tax-exempt certificates, vendor verification procedures, supplier contact form, and clarifying some system workflows. Page 55 of 207 Resolution No. 49 (2024) RESOLUTION AMENDING PURCHASING POLICY 1 WHEREAS, on February 2, 2016, St. Croix County adopted a Purchasing Policy and it 2 was added to the St. Croix County Operations Policies; and 3 4 WHEREAS, the Purchasing Policy has been reviewed by staff as part of our ongoing 5 commitment to reviewing and updating procedural policies; and 6 7 WHEREAS, staff has recommended additional changes to the policy to clarify the 8 procurement process; and 9 10 WHEREAS, the Administration Committee has reviewed the amendments to the 11 Purchasing Policy and recommends approval by the St. Croix County Board of Supervisors. 12 13 NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of 14 Supervisors that the St. Croix County Purchasing Policy, as attached, is hereby adopted by the 15 County Board and shall be effective upon adoption. 16 Administration Committee Recommended MOVER: Scott Counter SECONDER: Bob Long AYES: Paul Berning, Scott Counter, Bob Feidler, Bob Long EXCUSED: Ryan Sherley St. Croix County Board of Supervisors Action: This Resolution was ADOPTED by the St. Croix County Board of Supervisors on December 3, 2024 ___________________________________ ___________________________________ Bob Long, County Board Chair Christine Hines, County Clerk Page 56 of 207 1 | P a g e Purchasing Policy PURCHASING POLICY 01-05-2016/RES 6(2016) (purchasing)REVIEW Administration Committee APPROVED 02-02-2016/RES 15(2016) (purchasing)APPROVAL County Board 11-15-2017 (Procure to Pay)REVIEW Administration Committee REVISED 12-5/2017 (Procure to Pay)APPROVAL County Board REVISED 10-19-2021 Purchasing Policy REVIEW Administration Committee APPROVED 11-2-2021 Purchasing Policy APPOVAL County Board Page 57 of 207 2 | P a g e Table of Contents Section Title 1 General 1.1 What is Procurement 1.2 Purpose 1.3 Scope 1.4 Authority 1.4a Department of Administration 1.4b Department Approver 1.4c Department Buyer 1.4d Requester 1.5 Ethical Standards/Conflict of Interest 2 Considerations in Purchasing 2.1 Energy Consumption 2.2 Contracting Authority 2.3 Public Works Projects 3 Standard Purchasing Procedures 3.1 Determination of Need 3.2 Procedure for Competitive Bid 3.3 Purchases in Process 3.3a Orders Less Than $5,000 3.3b Orders Greater Than or Equal to $5,000 and Less Than $150,000 3.3c Orders Greater Than or Equal to $150,000 - Competitive Proposal 3.3d Orders Greater Than or Equal $150,000 - Sealed Bid 3.4 Sole Source Purchases 3.4a Only One Responsible Source 3.4b Funding Specifications 3.4c Unusual and Compelling Urgency 3.5 Invoices 3.6 Change Orders 3.7 Prepayments 3.8 Vendor Bonding 3.9 Insufficient Budget 4 Other Purchasing Processes 4.1 State Contract 4.2 Cooperative Purchasing 4.3 Standard Contracts 4.4 Purchases from County Employees and Officials 4.5 Procurement Cards 4.6 Petty Cash 4.7 Sales Tax Exemption 4.7a Wisconsin Sales and Use Tax Exemption Certificate 4.7b Minnesota Sales and Use Tax Exemption Certificate Page 58 of 207 3 | P a g e 5 Special Provisions for Grant Funded Projects 5.1 Grant Funded Purchases 5.1a Micro Purchases (Items less than $3,500) 5.1b Small Purchases (Items between $3,500 and $150,000) 5.1c Large Purchases (Items greater than $150,000 ) 5.1c(1)Sealed Bids for Construction Contracts 5.1c(2)Competitive Proposals for Other Contracts Greater Than $150,000 5.1c(3)Noncompetitive Proposals 5.2 Suspension and Debarment Verification Procedure 5.2a Pre-purchase 5.2b Bi-annual Check 6 Miscellaneous Provisions 6.1 Promotional Items 6.2 Computer Purchases 6.3 Purchases of Legal Services 6.4 End of Year Purchases 6.5 Highway Department Contracts 6.6 Indefinite Quantity Contracts 6.7 Prohibited Expenditures 6.8 Disposal of Excess Supplies or Obsolete Equipment 6.9 Certificate of Insurance 6.10 Law Enforcement/Emergency Event Meal Purchases 6.11 County Purchases for Personal Use 6.12 Offices Held by Elected Officials 6.13 De Minimis Fringe Benefits/Gift Cards 7 Vendor Requirements 7.1 W-9 Forms 7.17.2 Supplier Contact Information Form 7.27.3 Vendor Pre-registration 8 Procurement Definitions Page 59 of 207 4 | P a g e Section 1 – General 1.1 What is Procurement? Procurement is the process through which requisitions are received, solicitations issued, vendors selected, purchase orders issued, and goods and services are received. The person(s) entrusted to represent their department as buyer procures goods and services for St. Croix County (the County) by performing the following tasks: process purchase requisitions; issue purchase orders and change orders; issue and evaluate bids, proposals and quotations; review specifications; draft contracts; update assets list; manage surplus property disposition; verify license and insurance coverage as needed. Wisconsin procurement laws are longstanding and based on nationally accepted best practices. County employees are required to follow procurement rules for various reasons: •Provide vigilant stewardship of taxpayer funds •Comply with Wisconsin Statutes and Administrative Codes •Inspire public confidence in county government by following consistent and transparent processes •Avoid individual liability for illegal purchasing 1.2 Purpose The purpose of this policy is to provide for a fair, accountable, and transparent public procurement system in the County implemented in compliance with Federal Law, State Statute, and County Board policy, maximizing efficiency with the use of public funds and establishing a consistent public purchasing process that meets high standards of integrity. 1.3 Scope This policy applies to all county departments and all organizations for which the County is the fiscal agency and where not superseded by State or Federal law, rule or regulation, or other funding agreements or contractual provisions. 1.4 Authority The following agencies have the responsibilities assigned them under this policy in addition to those assigned under other policies, State and Federal laws and regulations. Page 60 of 207 5 | P a g e 1.4a Department of Administration: Except as otherwise provided in this policy, the purchasing policy must be implemented and administered by the County Administrator or his/her designee. In so doing, the County Administrator or designee must: •Oversee all solicitation specifications based on information furnished by the department for which the purchase is to be made, ensuring that the solicitation specifications fully describe the goods or services to be purchased and clearly differentiate the same from similar goods or services; •Determine the form and required contents of all requests for proposal and requests for quotation; •Ensure compliance with all written policies, administrative practices and procedures as adopted by the County Board; •Ensure the maintenance of the fixed asset inventory; •Periodically review and recommend modifications and changes to purchasing policies, administrative procedures and practices where necessary; •Ensure departments have adequate funds available to undertake a requested purchase and, if not, modify or cancel the purchase to ensure budget compliance; •Review and, as needed, amend the quality and quantity of goods or services requested or otherwise make substitutions; •Ensure all solicitations are adequately publicized to inform responsible bidders; and •Maintain oversight over department purchase requests as they relate to need, quality, price, and conformity with County standardization practices. 1.4b Department Approver: The Department Approver is a department head or division manager with the authority to approve budgetary expenditures. It is the responsibility of the Department Approver to: •Ensure that there are funds budgeted to pay for purchases at the department level; •Report to the County Administrator any purchasing deviations from budget; •Ensure documentation of the receipt of all merchandise or services purchased; •Approve appropriate invoices for payment; •Properly record purchases made under the proper line item account code; and •Designate a buyer, determine the method of purchasing that is the most appropriate, and ensure buyer compliance with responsibilities. 1.4c Department Buyer: It is the responsibility of the buyer to: Page 61 of 207 6 | P a g e •Ensure that all relevant Board policies, State and Federal laws are followed; •Prepare all necessary documentation as required by this policy including requests for proposal and requests for quotation; •Conduct the purchasing process; and •Preserve and transmit all required documentation to the Department Approver, as necessary. 1.4d Requester: •Initiates purchase request by asking for a good or service to be purchased. 1.5 Ethical Standards/Conflict of Interest County employees must meet the highest standards of integrity in public procurement and failure to do so will be subject to disciplinary action. Accordingly: •Some vendors provide gifts or gratuities for placing orders with them. County employees shall not solicit or accept anything of value for the performance of any services or duties. Any items received, such as gifts or gratuities, become the property of County. •Purchases by the County for the personal use of an employee or official are prohibited even if reimbursement is made to the County for the cost of the purchase. •County employees shall not, by act of commission or omission, in their capacities as employees of the County, exercise discretionary power in a manner inconsistent with the duties of their positions or the rights of others or with the intent to obtain dishonest advantages for themselves or for others. Specifically, if any staff member feels that there may be a possible conflict of interest or an appearance of a conflict of interest in his/her role regarding the purchase of any product or service, he/she shall bring it to the attention of the Department Approver/Corporation Counsel for review. If it is determined that a conflict of interest exists, that person shall be removed from the decision-making process regarding that specific purchase. •No employee may disclose confidential proprietary information from solicitations to other vendors or use that information for personal gain. Such as personal financial data submitted in support of a bid proposal. •All procurement transactions shall be conducted in a manner that provides maximum open and free competition, based on merit and objectivity, and free from any influences of prejudices, personal bias, or conflicts of interest. Any purchase made by an employee or county official that is contrary to these ethical provisions must in no way obligate the County for payment. Any such purchase will be considered a personal liability of the involved employee or official. Page 62 of 207 7 | P a g e Section 2 – Considerations in Purchasing 2.1 Energy Consumption The County Board of Supervisors recognizes the importance of energy conservation in cost control and in environmental protection. Accordingly, in purchasing capital equipment that has significant energy use, a department should work with the Facilities Department to request energy consumption data from all vendors in request for proposals and consider potential energy costs in determining the most advantageous bid for the County. 2.2 Contracting Authority Only the County Board Chair, the Highway Commissioner pursuant to Wis. Stat. § 83.015(2)(b) or the County Administrator or his/her designee can legally bind the County to any total lease valued or contract valued at or above $25,000 unless State law requires the signature of the County Treasurer or the County Clerk or any other party. 2.3 Public Works Projects If the estimated cost of any public works is between $5,000 and $25,000, a Class 1 Notice is required before a contract for the work is awarded or a contract is awarded with a person qualified as a bidder/proposer under Wis. Stat. § 59.52(29). Pursuant to Wis. Stat. § 59.52(29), all public works, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $25,000 shall be let by contract to the lowest responsible bidder. A contract, the estimated cost of which exceeds $25,000, shall be let and entered into under Wis. Stat. § 59.52(29), except that the Board may by a three-fourths vote of all the members entitled to a seat provide that any class of public works or any part thereof may be done directly by the County without submitting the same for bids. This subsection does not apply to highway contracts which the Highway Commissioner is authorized by law to let or make. The Highway Commissioner, pursuant to Wis. Stat. § 83.001, shall: purchase and sell county road machinery as authorized in the budget; determine whether each piece of county aid construction shall be let by contract or shall be done by day labor; enter into contracts in the name of the County, and make necessary arrangements for the proper prosecution of the construction and maintenance of highways provided for by the County Board. The Department Approver will make a determination on whether to obtain at least three (3) written bids or proposals for purchases OR conduct an Request for Quotation RFQ or Request for Proposal (RFP) depending upon the best interests of the County, unless special circumstances warrant otherwise. The appropriate departmental buyer will work Page 63 of 207 8 | P a g e with the Department throughout the purchasing process and through vendor selection. For sole source purchases, the department must prepare the necessary documentation on why the purchase should be considered sole source. STEPS: 1.Unless noted elsewhere in this document, all public works products/services are to be completed in consultation with Corporation Counsel. 2.Requestor determines the need for products or services. 3.Requestor for the department enters a purchase requisition into workflowthe County’s ERP/HRIS. 4.Buyer will determine the best method for solicitation and develop specifications and evaluation criteria. 5.Solicitations shall follow Wisconsin Statutes. 6.The departmental buyer works with the department to select the most responsive, responsible vendor. 7.As necessary, the departmental buyer will develop the resulting contract with the department, Corporation Counsel, and the vendor. 8.Once Corporation Counsel has approved the contract as to form, the department will route the contract to the appropriate County authority and vendor for signatures. 9.The departmental buyer will then file a fully executed copy of the contract with the department and send a copy to the vendor. 10.Delivery of products and/or services by the vendor. 11.Acceptance of products or services by the department. 12.If applicable, project data reported to Finance for fixed asset processing and the Risk Manager for insurance coverage. 13.Department approves invoice for payment through the County’s ERP/HRIS workflow process. 14.Finance processes payment. 15.Vendor is paid for services. 16.Procurement procedure is complete until the product is ready for disposal. Page 64 of 207 9 | P a g e Section 3 – Standard Purchasing Procedure 3.1 Determination of Need A Department Approver, or his/her designee as the requestor, must initiate the procurement process through a determination of need, that the operation of that department requires the purchase of goods or services from an external vendor. If funds for that purpose have been appropriated in the annual budget, the requestor may initiate this process by transmitting a request to the buyer for that department or division. If funds for that purpose have not been appropriated, the procurement process may not be initiated until such time as funds are appropriated. 3.2 Procedures for Competitive Bid Departments must use a bidding process in purchasing unless otherwise provided in this policy and even if not required are encouraged to do so. Awards must be made to the lowest responsible bidder. In determining the lowest bidder, the buyer may consider cost of operation over the life of the item. When comparing bids, proposals or quotes, the following elements must be considered: price, conformity with original specifications, warranty, delivery date (if specified), and freight charges. Upon reviewing the bid results, the buyer may elect to solicit additional bids. The department conducting the purchase will be the agent of record on the purchase; it is their responsibility to see that the requirement for competitive bidding has been met. 3.3 Purchases in Process Except as permitted by the sole source purchase provisions of this policy, all buyers must follow the procedures listed below based on the amount of the purchase. No purchase of a single good or commodity at the same general time may be divided into separate purchases to qualify for a lower threshold of approval, process or documentation. 3.3a Orders Less Than $5,000 1.If a buyer determines the expected cost of the purchase is less than $5,000 and the goods or services are not offered on standard contracts, the buyer may place the order directly with the vendor using his or her best judgment as the basis for vendor selection. 2.Once the order is accepted by the vendor and the delivery of goods and services takes place, the buyer approves the purchase in through the County’s ERP/HRIS workflow process; except in the case of purchases made through a procurement card. 3.The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. Page 65 of 207 10 | P a g e 3.3b Orders Greater Than or Equal to $5,000 and Less Than $150,000 1.The needed goods or services are entered into the requisition workflowin the County’s ERP/HRIS. 2.The buyer must obtain at least two documented quotes unless special circumstances warrant otherwise. These bids may include current price lists or catalogs, State vendor net bids, recent price quotations on file (within 30 days), phone or verbal quotations solicited from vendors and written informal price bids (including electronic or faxed). 3.Once the buyer secures the lowest informal quote and the Department Approvers approves, the purchase order may be placed with the successful vendor. 4.After the delivery of goods or services takes place the department’s buyer approves invoice for payment for processing. 5.The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. 3.3c Orders Greater Than or Equal to $150,000 or Public Works Projects Greater Than $25,000 – Competitive Proposal 1.Requestor initiates the need for a good or service and enters into the requisition workflowin the County’s ERP/HRIS. 2.The buyer establishes specifications, requirements and proposal documentation to the Department Approver for approval, including justification for specification of a specific brand or model that may limit competition. 3.The buyer must forward draft proposal documentation (RFP) to the Corporation Counsel for review. 4.The Department Approver must review and approve the process, including specification of a specific brand or model. 5.On approval, the buyer must issue a request for proposal posted on the County’s website. 6.The buyer for proposals must allow two weeks for a response unless another time period is authorized by the Department Approver and obtain three formal written proposals, unless special circumstances warrant otherwise. 7.If vendors submit proposals for a product or service different from that specified, a determination must be made if the alternate item is an equal substitution. The vendor must provide sufficient product information for the user to evaluate the alternate item. If not awarding to the low bidder, justification for not accepting the low bid must be documented. Construction projects are required to be awarded to the lowest responsible bidder. 8.The buyer must document at least three formal written proposals, unless special circumstances warrant otherwise, which may include faxed and emailed bids or proposals. The prices quoted must represent all costs including delivery and, if applicable, estimated energy usage over the life of the equipment. 9.The buyer will recommend the bid that best represents the interest of the County to the Department Approver and the County Administrator (or HHS Director & Highway Commissioner for those two major departments) for approval. Page 66 of 207 11 | P a g e 10.The department must execute a contract or purchase order with the successful bidder. 11.Following delivery of goods and services by the vendor, buyer for the department approves invoice for payment. 12.The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. 3.3d Orders Greater Than or Equal to $150,000 – Sealed Bids 1.Requestor initiates the need for a good or service and enters into the requisition workflowin the County’s ERP/HRIS. 2.The buyer establishes specifications, requirements and proposal documentation to the Department Approver for approval, including justification for specification of a specific brand or model that may limit competition. 3.The buyer must forward draft proposal documentation (RFP) to the Corporation Counsel for review. 4.The Department Approver must review and approve the process, including specification of a specific brand or model. 5.On approval, the buyer must issue a request for proposal posted on the County’s website. 6.All bids received must be sealed and received prior to the determined date of opening. 7.All bids received must be publicly opened, with the Department Approver and/or buyer and a representative of the County Administrator or designee present. 8.If vendors submit bids for a product or service different from that specified, a determination must be made if the alternate item is an equal substitution. The vendor must provide sufficient product information for the user to evaluate the alternate item. If not awarding to the low bidder, justification for not accepting the low bid must be documented. 9.The buyer will recommend the bid lowest responsible bidder to the Department Approver and the County Administrator (or HHS Director & Highway Commissioner for those two major departments) for approval. 10.The department must execute a contract or purchase order with the successful bidder. 11.Following delivery of goods and services by the vendor, buyer for the department approves invoice for payment. 12.The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. 3.4 Sole Source Purchases It is the expectation of the County Board of Supervisors that all purchases will be made under full and open competition except as provided in this section. Justification for other than full and open competition may be: 3.4a Only one responsible source: The supplies or services required by the department or agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. In the determination of only one responsible source, documentation must cite specific reasons for such Page 67 of 207 12 | P a g e exemption, such as compatibility with existing equipment, professional services that involve specific knowledge or familiarity with County activities not otherwise available, or that only one supplier exists to provide particular goods or services. 3.4b Funding specification: The source of the funding, e.g. granting agency specifies a single source for goods or services. Documentation requesting sole source purchases must include a copy of those provisions specifying this source. 3.4c Unusual and compelling urgency: The department or agency's need for the supplies or services is of such an unusual and compelling urgency that the County would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Solicitation from as many potential sources as is practicable under the circumstances is required. This urgency may also extend to delays in procurement through other vendors that would be unacceptable to the County. This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the department or agency. Documentation for an emergency purchase must also include an explanation of the emergency, the financial or operational damage or risk of damage that will or may occur if needs are not satisfied immediately, why the needs were not or could not be anticipated so that goods or services could not have been purchased following standard procedures. In all justifications made under this section, the requesting buyer must list the reason and process used for selecting the vendor and documentation supporting the cost in the absence of directly comparable market data. 3.5 Invoices An invoice must be itemized and provided to the purchasing department before any payment may be authorized. An invoice must contain: •Purchase order number, if used; •Itemized list of merchandise shipped; •Prices, terms, date, quantities, and all other pertinent information about the purchase; and •All charges for delivery, freight listed separately from the merchandise. Payment requests authorized through the workflow County’s ERP/HRIS must include a digital copy of the original invoice, including any supporting documentation. An email or fax or paper copy of the invoice will also suffice provided that an original invoice number is provided and it has been scanned and linked to the purchase request. No payment may be made on pro forma invoice, bill of sale, estimate or quote. 3.6 Change Orders A written change order may be issued only by the Department Approver with the Page 68 of 207 13 | P a g e approval of the original signatory to the contract or his/her designee. Changes made by others in the purchasing process once an initial purchase order has been approved are considered invalid. All change order documentation must be electronically submitted through the workflow process in the County’s ERP/HRIS. 3.7 Prepayments No goods or services may be purchased using prepayments (excluding employee travel expenses such as hotel, airfare and registration), or payment before receipt, without the written authorization of the Finance Director or his/her designee. 3.8 Vendor Bonding A performance bond should be requested in high risk, high value, and highly sensitive requisitions. The amount of the performance bond should be reasonable and based on the risk and nature of the acquisition in terms of its technical aspects or sensitivity. It should indemnify or protect the County for a certain percentage of the value of a contract in the event of default on the part of the supplier, or the supplier in performance of the work covered under the contract. The payment bond should serve as a guarantee that all suppliers and sub-suppliers are paid for labor and materials furnished to the prime supplier for use on the project and work described in the solicitation document and agreement. Clear and concise explanation of the bond should be included in the Special Conditions section of the contract. 3.9 Insufficient Budget In the event that purchase amounts are over the line item budget amount, the purchase(s) must be approved by the Department Approver as long as it does not go over the total amount budgeted for the department. Purchases that are over the total amount of the department budget must be approved by the County Administrator. Section 4 – Other Purchasing Processes 4.1 State Contract If so determined by the Department Approver, the buyer may use existing contracts bid by the State of Wisconsin and bypass the competitive bidding process outlined in this policy for purchases of less than $150,000. Purchases greater than $150,000 require approval by the County Administrator. For purposes of this policy, any purchase made from the State of Wisconsin cooperative purchase contract constitutes compliance with any competitive bidding requirements. Further, the State contract amount may be used as price comparisons for the purpose of the competitive bidding requirements for comparable items. Page 69 of 207 14 | P a g e 4.2 Cooperative Purchasing Departments may participate with a network of other governmental agencies for cooperative purchasing up to $150,000 which will meet the competitive bidding requirements. An example of this is the fuel contract. 4.3 Standard Contracts Notwithstanding other provisions of this policy, if the Finance Director has standardized the purchasing of a good or service and has issued standard purchase orders or contracts for these goods or services, such goods or services must be purchased from the identified vendors. 4.4 Purchases from County Employees and Officials Provided all other provisions of this policy requirement are met, any single public official or County employee may enter into contract with or sell to the County in which they have a private interest in, provided further that the contract or sale does not exceed an aggregated amount of $15,000 per year (see Wisconsin Statutes § 946.13). In addition, all such purchases must be made with full disclosure, meaning discussion at a meeting of the Administration Committee prior to the purchase. 4.5 Procurement Cards Procurement cards must be issued by the Finance Director. Each card must have a dollar limit set by the Finance Director; no purchase in excess of this limit may be made without the authorization of the Finance Director. Other than as specified, use of a procurement card does not negate any other requirements of this policy. 1.P-Card purchases require the attachment of documentation to the statement prior to payment. 2.Meals covered by a per diem and paid from an expense report submission shall not be purchased on a P-Card. Putting meals on the P-Card creates a double payment of expenses. See Expense Reimbursement Policy for additional details. 3.Fuel covered by a mileage reimbursement and paid from an expense report submission shall not be purchased on a P-Card. Putting fuel on the P-Card creates a double payment of expenses. See Expense Reimbursement Policy and Reserve a Vehicle procedure for additional information. 4.Department Approvers are responsible for approving all P-Card purchases made by them and their department staff, confirming all purchases are made in conformance with County procurement requirements. 5.Improper use of a County issued P-Card will result in revocation of purchasing privileges. Page 70 of 207 15 | P a g e 6.Purchases made for the County shall not be purchased on using a personal P- cardcredit or debit card. 7.P-card purchases should be submitted via an expense report monthly with all purchases processed through expense reports annually by December 31st. 4.6 Petty Cash Petty cash accounts are cash-on-hand only and are held in specified county department locations. They should only be used when the immediate payment of cash is required for very small purchases, and shall be no greater than $150 per account, unless otherwise authorized. A receipt should be written for every petty cash use. The sum of the receipts may be submitted to Finance for replenishment of the petty cash. Petty cash accounts must be reconciled annually by December 31st. 4.7 Sales Tax Exemption As the County is exempt from Wisconsin State sales tax; employees must provide sales tax exemption information to any hotel, car rental company, and similar when traveling or purchasing for County business in Wisconsin. Minnesota generally recognizes Wisconsin sales tax exemption. 4.7a Wisconsin Sales and Use Tax Exemption Certificate 4.7b Minnesota Sales and Use Tax Exemption Certificate Section 5 – Special Provisions for Grant Funded Purchases 5.1 Grant Funded Purchases Unless specifically prohibited by the granting authority, grants must be administered through a written contractual agreement between the County and the party providing the service. All purchases made with grant funds must comply with the terms and conditions of the grant and this policy. If the grant requirements conflict with this policy, the County Administrator may suspend those provisions of this policy only for the specific grant and for the duration of that grant. The Department Approver is responsible to comply with purchases covered by grant funds. Uniform Grant Guidance (UGG) issued by the Federal Office of Management and Budget (OMB) outlined the following procurement standards for all dollars applied to federal grant programs: 5.1a Micro Purchases (Items less than $3,500): Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold of $3,500 (2 CFR §200.67 Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro- Page 71 of 207 16 | P a g e purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. 5.1b Small Purchases (Items between $3,500 and $150,000): Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that cost between $3,500 and $150,000. If small purchase procedures are used, price or rate quotations must be obtained from a minimum of two qualified sources, unless special circumstances warrant otherwise. 5.1c Large Purchases (Items greater than $150,000): Follow requirements under 1 (construction) or 2 (all other) below depending on applicability. 1.Sealed Bids for Construction Contracts: Note that a federally funded public works project shall follow the lower dollar threshold requirements of Wisconsin Statutes §§ 66.0901 and 59.52(29) outlined in the public works projects section above. Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. In order for sealed bidding to be feasible, the following conditions should be present: (i) A complete, adequate, and realistic specification or purchase description is available; (ii) Three or more responsible bidders, unless special circumstances warrant otherwise, are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. If sealed bids are used, the following requirements apply: (i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids. For state, local, and tribal governments, the invitation for bids must be publicly advertised; (ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to Page 72 of 207 17 | P a g e determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (v) Any or all bids may be rejected if there is a sound documented reason. 2.Competitive Proposals for Other Contracts Greater than $150,000: The technique of competitive proposals for other contracts greater than $150,000 is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii) Proposals must be solicited from an adequate number of qualified sources; (iii) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (iv) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (v) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. 3.Noncompetitive Proposals: Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (i) The item is available only from a single source; (ii) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (iii) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or (iv) After solicitation of a number of sources, competition is determined inadequate. Page 73 of 207 18 | P a g e 5.2 Suspension and Debarment Verification Procedure: The County will not award any federally funded contracts to a third party vendor or contractor on the General Services Administration’s listing of suspended and/or debarred parties (as published on https://sam.gov/). The County will conduct this review for all procurements above the $25,000 threshold and document the findings in the contract file. 5.2a Pre-purchase: Prior to making a grant related purchase that is expected to equal or exceed $25,000, the Buyer must check the selected vendor on sam.gov prior to approving the purchase. The Buyer will document or receive documentation the Suspension and Debarment verification by including a screen shot of the Exclusions search in the grant file. The Buyer may also attach the screen shot electronically to the purchase order within the ERP system. 5.2b Bi-annual check. Twice a year, the Finance Department will run a list of all vendors paid from federal funds. This list will be reviewed against the Excluded Parties List System (EPLS) at sam.gov. The Finance Department will maintain documentation of this semiannual check. Section 6 – Miscellaneous Provisions 6.1 Promotional Items Departments may purchase items of negligible value for educational or promotional purposes. Such items must be clearly and permanently marked with the name of the County and the department or agency in compliance with the County’s branding guidelines. 6.2 Computer Purchases Purchase or lease of computer hardware and software must be managed and authorized for procurement by the Department of Information Technology. For purposes of this section, computer hardware also includes copiers and cell phones. The Director of Information Technology will manage and procure all requisitions for computer hardware and software. Technological compatibility must be a consideration in awarding any contracts for computer hardware and software. 6.3 Purchases of Legal Services No buyer may approve the purchase of legal services without the prior approval of Corporation Counsel. Corporation Counsel may establish a procedure for granting such approval. 6.4 End of Year Purchases Unless provided by other policy, State and Federal law, grant or other funding contract, Page 74 of 207 19 | P a g e all expenditures for capital assets must be made so that delivery of that asset occurs on or before December 31 in the year in which the purchase was authorized unless authorized by the County Administrator or his/her designee. 6.5 Highway Department Contracts Pursuant to Wisconsin Statutes §83.035 as in effect at any given time, the Highway Commissioner or the County Transportation Committee, is authorized to execute contracts for the purpose of enabling the County to construct and maintain streets and highways in cities, villages and towns within the County; with a copy filed with each respective clerk. Maintenance includes the furnishing of any road supplies and equipment to these municipalities. All contracts executed with any municipality for such roadwork must provide that payment in full must be made to the County within 120 days of the completion of such roadwork. If a municipality fails to make payment in full within this time, the Highway Department may not undertake any further work of any type or furnish any road supplies or equipment for or to this municipality without the prior approval of the Highway Commissioner. Further, if a municipality fails to make payment in full within this time, any unpaid balance outstanding bears interest at the rate of 5% per annum until paid. Highway contracts entered into under the authority of this policy must follow the standard contract approval and route and process as established by County policies and procedures as well as conformity with State law. 6.6 Indefinite Quantity Contracts Notwithstanding any other provision of this policy, and as permissible under State and Federal law, rules and regulations; the Highway Commissioner may enter into a contract to procure materials for construction, maintenance and repair of highways valid for a period not to exceed two years. For purposes of this section, an indefinite quantity contract means an agreement to procure these materials at a set rate per amount, with the total amount to be purchased estimated only. These contracts must competitively bid following the standard procurement procedure appropriate for the estimated dollar cost of materials to be purchased during that year. 6.7 Prohibited Expenditures Unless specifically authorized by the County Board of Supervisors, the following expenditures may not be made using County funds: 1.Entertainment expenditures such as tickets for admission to public entertainment events, theaters, and similar; 2.Alcoholic beverages and tobacco, except in conjunction with a compliance investigation; 3.Retirement parties or similar events including awards and gifts unless the retiring employee has had at least 10 years of service to the County, the party or event is open to County Board and/or general staff, and the total cost for cake, beverages, Page 75 of 207 20 | P a g e etc. does not exceed $200; 4.Charitable contributions; 5.Common courtesy expenditures such as flowers or cards for ill county employees or local officials; and 6.Any travel or related expense for employee's spouse, other family members or for any acquaintances. 6.8 Disposal of Excess Supplies or Obsolete Equipment Assets retired from service shall be disposed of in the most efficient and cost-effective manner possible. Assets shall be disposed of in a manner that is environmentally responsible. Department Heads may determine the end of the useful life of an asset and the process for disposal. Assets may be sold at public auction or by public, competitive sealed bidding. Assets may be donated to another County department. Assets may not be donated to a non-profit organization within the County without the approval of the County Administrator. Supplies and equipment no longer serving a useful purpose may be given to the Facilities Director for proper disposal. County-owned supplies or equipment must not be sold to County employees except by public auction or through public, competitive sealed bidding. 6.9 Certificate of Insurance A certificate of insurance is required by the County when contracts with a vendor for materials, equipment, construction, remodeling, supplies, or services, that vendor's activities and the goods provided create an inherent liability risk to the County. The contractor must add "County of St. Croix, its officers, employees, and agents" as an additional insured under the commercial general, automobile, and contractor's pollution liability and workers' compensation policies. Certificates are required for contracted service vendors and require receipt of the certificate and continued renewal of the certificate while the contract exists. 6.10 Law Enforcement/Emergency Event Meal Purchases Notwithstanding any policy to the contrary, the Sheriff or his/her designee may authorize the purchase of meals for law enforcement employees or volunteers at an accident or crime scene, natural disaster, search and rescue operation, or a cooperative event with another law enforcement department where the required time commitment spans a traditional meal time and it is impractical to leave the scene. The maximum amount per meal may not exceed the maximum amount stated in the relevant travel Expense Reimbursement policy. Page 76 of 207 21 | P a g e 6.11 County Purchases for Personal Use A purchase for personal, non-County use is strictly prohibited by the County. County employees shall not use their position with the County to secure discounts or free products for their own personal purchases or to defray paying sales tax. This does not limit the ability of employees to receive discounts normally available to all County employees. 6.12 Office Held by Elected Officials While elected officials are responsible to the voters and not technically under County supervision, it is in the best interest of the County that purchasing procedures within the County are standardized as much as possible. These procedures are for the elected officials to use, as well as, to assist them with the budget they are responsible for and satisfy the various requirements and regulations of the County. 6.13 De Minimis Fringe Benefits/Gift Cards In general, a De Minimis benefit is one for which, considering its value and the frequency with which it is provided, is so small as to make accounting for it unreasonable or impractical. The IRS has determined that cash, gift certificates, gift cards, clothing items (other than certain exceptions) and meals with no overnight stay are not excludable from income as a De Minimis benefit. Thus, these items provided to employees as incentives or awards are taxable income to the recipient. Section 7 – Vendor Requirements 7.1 W-9 Forms Vendors doing business with the County must provide a signed form W-9 to the Finance Department before payment will be authorized. 7.2 Supplier Contact Information Form Vendors doing business with the County must provide a completed Supplier Contact Information Form to the Finance Department. The Supplier Contact Information Form provides the County with the correct payment terms, payment methods, and vendor contacts responsible for making or confirming any changes requested by the vendor. 7.32 Vendor Pre-registration The County provides all vendors fair and equal opportunities to compete in the procurement process. Product specifications are designed to be nonrestrictive and Page 77 of 207 22 | P a g e compatible with standard trade practices. Section 8 – Purchasing Definitions Business means a corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. Buyer means that person entrusted by this policy to represent their department and authorized to initiate purchasing transactions. Certificate of Insurance means a document issued by an insurer providing evidence that an insurance policy exists and including information such as insurer, insurance agency, insured, types of insurance, policy numbers, effective dates, limits, certificate holder, cancellation procedure, special provisions, e.g., additional insured, and the name of the representative authorizing the policy. Change Order means a formal method of modifying a contract or purchase order after it has been executed. Contract is written evidence of an agreement between two parties (e.g. the County and a vendor) to provide goods or perform some act or service. A contract may cover a specific transaction or a series of transactions. A contract is legally enforceable on both parties. Cost is the sum of the dollar amounts of the product or item, plus all other dollar amounts that are needed to actually get it in service; such as electrical needs, space considerations, licensing, staff time to obtain, set-up, on-going operational fees (such as monthly data plans), etc. Emergency is a circumstance, physical condition, practice, method, or operation which would, unless immediate action is taken, present an imminent risk to public health, safety, or welfare or which would interrupt or create a substantial risk of interruption of essential government services. Estimate is a general budgetary or planning figure used as a guide. This may vary over or under from the actual cost and is used many times in building a budget and/or if it is desirable, to continue with the possibility of a purchase. Some services only lend themselves to estimates due to many unknowns that make it difficult to establish a firm cost figure until either the work is underway or further investigation can take place. Invitation for Bid or IFB means an invitation for vendors to submit a proposal when the specifications of a product or service are already known and when price is the main or only factor in selecting the successful bidder. Invoice means a document that itemizes charges for materials or services furnished upon which payment is due. Page 78 of 207 23 | P a g e Lease means an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time. Obsolete Property is any property owned by the County that is no longer of use to the County. Petty Cash means a fund in the form of currency or coin that is advanced by an organization unit from appropriated funds to an authorized employee. Price is the dollar amount of a product or item itself without factoring in any other dollar figures. Procurement means the entire span of acquisition from determination of need through final disposition, with purchasing one segment of this cycle. Procurement Cards are credit cards issued to employees to simplify the procurement of smaller items. Professional Services are unique, technical, and/or infrequent functions performed by an independent contractor qualified by education, experience, and/or technical ability to provide services of a specific project nature and predominately intellectual in character. Public Notice Class 1 There are 3 classes of legal notices under Chapter 985.08 of the Wisconsin State Statutes. The designated number of insertions is the minimum required by law, and the frequency may be increased at the discretion of the requisitioning agency. Class 1 notices require one insertion in the official county newspaper as designated by the County Board. Public Works Projects are as defined in Wisconsin Statutes § 66.0901 as amended from time to time. Public works projects are a broad category of infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community. They include public buildings (municipal buildings, schools, hospitals); transport infrastructure (roads, railroads, bridges, pipelines, canals, ports, airports); public spaces (public squares, parks, beaches); public services (water supply, sewage, electrical grid, dams); and other, usually long-term, physical assets and facilities. Purchase Order means a formal offer to buy. Quotation means a vendor reply to inquiry, giving terms and conditions of sale, or an offer to sell. Request for Information or RFI means an invitation presented to vendors to collect written information about their capabilities. It is usually a first stage of a procurement process when information is unknown on potential bidders. Request for Proposal or RFP means an invitation presented for vendors to submit a proposal on a specific commodity or service. The evaluation criteria will be beyond just the price quote. Page 79 of 207 24 | P a g e Request for Quotation or RFQ means an invitation for vendors to submit a proposal when the specifications of a product or service are already known and when price is the main or only factor in selecting the successful bidder. Requisition is a document generated by a user department or storeroom-personnel to notify the purchasing department of items it needs to order, their quantity, and the timeframe. It may also contain the authorization to proceed with the purchase. Also called purchase request or requisition. Responsible Bidder means a business that has the capability in all respects to perform fully the contract requirements; and the experience, integrity, reliability, capacity, facilities, equipment, and credit that will ensure a good faith performance. Responsive Bidder means a business who has submitted a bid, which conforms in all material respects to the requirements, set forth in the invitation for bids. Surplus Property is any property in a County department that is no longer of use to that department. Transfer is the movement of County property from one County department to another. Upgrade is a trade-in or advancement to a new model of an existing product or brand that has already proven to fit into current operations and has value to continuing its use. Current prices can be verified and double-checked for accuracy and comfort. Value is the long-range life cycle total dollar cost of purchasing and using the product or item, which includes the price of the product or item, the cost to get it in service, and the ongoing expense comparisons that contribute to the use in the operation over its life. For example; comparing a set of plow blades that are double the price of a lower priced blade, but last four times longer, resulting in lower lifetime expenses and lower down time expenses (down time cost avoidance) in changing blades more frequently. Vendor means a business with which the County has purchased or may purchase a good or service. W-9 Form means a document issued by the United States Internal Revenue Service (IRS) for certain tax purposes. Page 80 of 207 Resolution Approving Text Amendments to the Town of St. Joseph Zoning Ordinance– Chapter 170 (Zoning) / Consideration of Town of St. Joseph Zoning Ordinance Amendments Cover Memo To: Community Development Committee From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: December 3, 2024 Agenda Item: Resolution Approving Text Amendments to the Town of St. Joseph Zoning Ordinance– Chapter 170 (Zoning) / Consideration of Town of St. Joseph Zoning Ordinance Amendments Background Information: Wisconsin Statute 60.62(3) requires that counties review and approve all amendments to town zoning ordinance text and maps prior to the amendment taking effect. The Town of St. Joseph, which has a town zoning ordinance, has approved text amendments that requires County Board approval. The Town requests County approval of the amendments. In summary, the text amendments to the Town of St. Joseph Zoning Ordinance are as follows: 1. Amendment to “Secondary Dwelling” definition – page 10 of ordinance 1. Add definition for “Specialty Beverage Tasting Room with Retail Sales” – page 24 1. Requirement of “site plan approval” for any development projects, other than single-family and two-family structures, in any zoning district prior to permits being issued to begin work. Includes submittal of site plan drawings and development checklist items and lays out process for Plan Commission and Town Board approval – pages 34-38 1. Amended language incorporating site plan approvalprocess by zoning district: 1. Traditional Residential Zoning District – page 39 2. Preservation Residential Zoning District – page 41 3. Agricultural and Rural Residential Zoning District – page 45 4. Conservancy Zoning District – page 53 5. Traditional Commercial Zoning District – page 66 6. Town Center Commercial Zoning District – page 70 7. Rural Mixed Use Zoning District – page 74 8. Business Park Zoning District – page 79 1. Off-Street Parking Requirementshave been amended for the following uses (page 58): 1. Amend “Athletic Fields or Sport Courts”: One (1) space per 3 users (participants and spectators) 2. Add “Passive Recreation”: (Number of spaces) To be determined by Zoning Administrator Page 81 of 207 1. Under the Conditional Use Permit (CUP) chapter, adding a provision that requires any changes to original CUP Map must also receive Town Board approval of a revised site plan – page 98 Properties owned by the County, in the Town of St. Jospeh, where the amended regulations would apply: 1. Northerly 2/3 of Eckert Blufflands Park (southerly 1/3 of park is located in the Town of Hudson) 2. Homestead Park property 3. Loop Trail Trailhead Agenda packet information includes copies of meeting minutes from the Town Board, public hearing notice, and a red line copy showing the amendments. Page 82 of 207 Chapter 170 Zoning [HISTORY: Adopted by the Town Board of the Town of St. Joseph 4-27-2021 by Ord. No. 2021-03. Amendments noted where applicable.] Article I Title, Authority and Purpose § 170-1 Title. The title of this chapter is the "Town of St. Joseph Zoning Ordinance," referred to herein as the "Ordinance" or "this chapter." § 170-2 Authority. The Town Board of the Town of St. Joseph has general zoning authority, powers and duties pursuant to Wis. Stats., §§ 60.10, 60.22, 61.35, 60.62, and 62.23; also pursuant to the other specific statutory authority as noted elsewhere in this chapter; also pursuant to the Town's assumption of village powers at its Annual Town Meeting on April 7, 1959, and pursuant to the action by Town electors at a Special Town Meeting on September 14, 2020, to authorize the Town Board to enact Town zoning ordinances. § 170-3 Purpose. The purpose of this chapter is to promote the health, safety, prosperity and general welfare of the residents and landowners in the Town of St. Joseph, through the establishment and enforcement of regulations governing the use of the land in the Town and by providing penalties for the violation of its’ provisions. To these ends, this chapter shall divide the Town into districts and regulate the location, construction, alteration, enlargement and use of structures and land in the Town. § 170-4 Intent. It is the general intent of this chapter to: A. Aid in implementing the Town's Comprehensive Plan. B. Regulate the use of all structures, lands and waters. C. Provide the compatibility of land uses. D. Promote the preservation of agricultural and conservation areas within the Town. E. Provide opportunities for limited, desirable commercial development while reducing the property tax burden for residential property. F. Further the appropriate use of land and conservation of natural resources. G. Preserve and promote the beauty and rural atmosphere of the Town. H. Promote a fair, equitable and balanced application of reasonable zoning regulations for the EXHIBIT A Page 83 of 207 2 Town and its residents. I. Regulate lot and population density so as to lessen congestion and promote the safety and efficiency of the roads and highways and protect farmland and open space. J. Facilitate the provision of public facilities and utilities. K. Stabilize and protect property values. L. Secure safety from fire, flooding, panic and other dangers. M. Provide adequate light, air, sanitation and drainage. N. Provide the administration and enforcement of this chapter and to provide penalties for its violation. § 170-5 Severability. If any specific portion of this chapter is held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, the remainder of this chapter shall be unaffected and remain in full force and effect. § 170-6 When effective. This chapter shall be effective after a public hearing, adoption by the Town Board and approval by the St. Croix County Board of Supervisors and publication and posting as provided by law. § 170-7 Interpretation. A. The provisions of this chapter shall be held, interpreted and applied as minimum requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or in conflict with the provisions of any other ordinances of the Town of St. Joseph. B. For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows: (1) Words used in the present tense include the future; in the singular include the plural and, in the plural, include the singular. (2) The word "shall" is mandatory, not permissive. (3) All distances, unless otherwise specified, shall be measured horizontally. Article II General Provisions § 170-8 Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY BUILDING A subordinate structure, the use of which is incidental to and customarily found in connection with the principal structure or use of the property. Subject to more specific requirements and limitations contained in Page 84 of 207 3 the specific zoning districts, accessory residential structures may include, but are not limited to, garages, carports, sheds, barns, gazebos, boathouses, swimming pools and garden sheds. Attached garages, attached carports and decks are considered part of a residential structure, not an accessory structure or building. Examples of accessory structures in the business districts and on semi-public parcels include public restrooms and picnic shelters. ACCESSORY USE A use subordinate to and serving the principal use located on the same lot and customarily incidental thereto. It must also be subordinate in area, extent or purpose to the principal building or use served. Accessory uses include, but are not limited to, family day care, home occupations and seasonal roadside stand. AG BUSINESS The farming, management, production and marketing of agricultural commodities such as livestock and crops. AGRICULTURAL PRODUCTS PROCESSING A facility used for the cooking, dehydrating, refining, bottling, canning, or other treatment of agricultural products which changes the naturally grown product for consumer use. Does not include slaughterhouses, animal reduction yards, tallow works, or rendering plants. May include warehousing and packaging as secondary uses. Warehousing may include controlled atmosphere and cold storage of processed and/or packaged agricultural products. Packaging may include washing, sorting, crating, and other functional operations such as drying, field crushing or other preparation in which the agricultural product remains essentially unaltered. AGRICULTURAL USE Any of the following activities conducted for the purpose of an income or livelihood: crop or forage production, keeping livestock, beekeeping, wholesale nursery, sod or Christmas tree production, floriculture, aquaculture, fur farming, forest management, or enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program. ANIMAL UNITS As defined by § NR 243.05, Wis. Adm. Code. "Animal unit" means a unit of measure used to determine the total number of single animal types or combinations of animal types. ANIMAL WASTE Manure, milking center waste and other organic waste generated by livestock, farm animals, or any number combination of animal units or portions thereof. It includes animal bedding, water, soil, hair, feathers and other debris that becomes intermingled with animal excreta in normal waste handling operations. ANIMAL WASTE STORAGE FACILITY One or more animal waste storage structures used for temporary storage of animal waste, including stationary equipment and piping used to load and unload an animal waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. It does not include equipment used to apply animal waste to land or animal waste that is confined within an animal housing structure. Does not include off-site waste storage facilities or waste digester. Page 85 of 207 4 ANTENNA Any device or equipment used for the transmission or reception of electromagnetic waves, which may include an omnidirectional antenna (rod), a directional antenna (panel) or a parabolic antenna (disc). APARTMENT A portion of a residential or commercial building used as a separate dwelling unit. APARTMENT HOUSE See "dwelling, multiple-family." AQUACULTURE The rearing of aquatic animals or the cultivation of aquatic plants for food. Using normal aquaculture activities as defined in Wis. Stats., § 281.36. ARTERIAL ROAD A public road or highway that provides for rapid movement of high volumes of traffic between areas. Their function is to conduct traffic between communities and activity centers and to connect communities to major state and interstate highways. ARTISAN WORKSHOP An establishment for the preparation, display, and sale of crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, photographs, paintings and other articles of artistic quality or handmade workmanship. AUTOMOBILE AND BOAT REPAIR, MAJOR A building or portion thereof whose principal use is for the repair, servicing, equipping, or maintenance of motor vehicles, motor vehicle components, boats and other marine vehicles, that may require overnight outdoor storage of vehicles awaiting or under repair, if screened in compliance with all applicable regulations. AUTOMOBILE AND BOAT REPAIR, MINOR A daytime retail operation wherein the sale, installation, and/or inspection of tires, batteries, brakes and other related minor parts or accessories is carried on; specifically intended to exclude major automotive and marine repair and overnight outdoor storage of vehicles awaiting or under repair. AUTOMOTIVE SERVICE, REPAIR AND TOWING Repairs, incidental body and fender work, replacement of parts and motor services, towing and steam cleaning to passenger automobiles and trucks not exceeding 12,000 pounds gross weight. AWNING A hood or cover which projects from the wall of the building, which may be retracted, folded or collapsed against the face of a supporting structure. Awnings are not projected signs. BASEMENT That portion of the building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story. Page 86 of 207 5 BED-AND-BREAKFAST A place of lodging for transient guests that is the owner's personal residence that is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast. BEEKEEPING-APIARY Beekeeping for the purpose of an income or livelihood (also known as "apiculture"). "Beekeeping" means the maintenance of bee colonies in hives. "Bee" means any stage of the common domestic honey bee, Apis mellifera species. "Hive" means a structure for the housing of a bee colony. Hives are typically a series of boxes stacked one on top of the other. BOARD OF APPEALS The Town of St. Joseph Board of Appeals. BOARDINGHOUSE A building other than a hotel or motel where meals or lodging and meals are served for compensation for not more than six persons. BUFFER SPACE Undeveloped area(s) in any major subdivision that cannot be further subdivided and is/are owned in common by the owners of the subdivision lots and where the primary purpose is to separate residential areas from areas being preserved for agricultural uses. Buffer spaces also serve as open space. BUILDING A structure used, designed or intended for the protection, shelter, enclosure or support of a person, animals or property. BUILDING ALTERATIONS Any changes or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building or movement of a building from one location to another. BUILDING COVERAGE The percentage of the lot area that is covered by the building area, which includes the total horizontal area when viewed in a plan. BUILDING LINE A line measured across the width of a lot at that point where the principal structure is placed in accordance with setback provisions. BUILDING MATERIAL AND HARDWARE SALES, MINOR An establishment for the sale of materials customarily used in the construction of buildings and other structures, without any outside storage or display of materials or merchandise. BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS A solar energy system that is an integral part of a principal or accessory structure, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings. Page 87 of 207 6 CAMOUFLAGE DESIGN A wireless communication service facility that is disguised, hidden or screened, but remains recognizable as a tower or antenna. CAMPGROUND Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area. CAMPING UNIT Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping or travel trailer, motor home, bus, van, pickup truck, tent or other mobile recreational vehicle. CANOPY A shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalks. Canopies are not projecting signs. CENTER LINE A line connecting the points on highways from which setback distances shall be measured, at any point on the highway. CHANNEL A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. CHILD-CARE CENTER A facility licensed as a day-care center by the State Department of Children and Families under Wis. Stats., § 48.65, where a person or persons provide for nine or more children. It includes preschools and nursery schools. CHURCH A building together with its accessory structures where people regularly assemble for religious worship and which building(s) is maintained and controlled by a religious body organized to sustain public worship. CLINIC A building used by a group of physicians, chiropractors, dentists or similar professionals for the medical examination or treatment of persons on an outpatient or non-boarding basis only. CLUB An association of persons for some common purpose but not including any groups or organized primarily to render a service which is customarily carried on as a business. COMMERCIAL A type of business activity that distributes goods or provides services with intention to make a profit, but does not involve the manufacturing, processing or production of goods. COMMISSION The Town of St. Joseph Plan Commission. Page 88 of 207 7 COMMUNITY CENTER A public facility where members of a community gather for group activities, social support, public information and other purposes. Facilities may be open for the whole community or for a specialized group within the greater community. COMMUNITY GARDEN A single parcel of land gardened collectively by a group of people. Community gardens utilize either individual or shared plots on private or public land while producing fruit, vegetables, and/or plants grown for their attractive appearance, community improvement, physical or mental well-being of community members, or land conservation. COMMUNITY LIVING ARRANGEMENT Community and other living arrangements; the following facilities licensed or operated or permitted under the authority of Wisconsin Statutes: community living arrangement for adults, as defined in Wis. Stats., § 46.03(22); a community living arrangement for children as defined in Wis. Stats., § 48.743(1); a foster home, as defined in Wis. Stats., § 48.02(6); or an adult family home as defined in Wis. Stats., § 50.01(1). The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including Wis. Stats., §§ 46.03(22) and 62.23(7)(i), and amendments thereto, and also the Wisconsin Administrative Code. COMMUNITY SOLAR GARDEN A commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community households or businesses residing or located off-site from the location of the solar energy system; however, within the Township. A community solar system may be either an accessory or a principal use. COMMUNITY SUPPORTED AGRICULTURE (CSA) An area of land managed and maintained by an individual or group of individuals to grow and harvest food and/or horticultural products for shareholder consumption or for sale or donation. This does not include a personal garden. CONDITIONAL USE A use of land, water or building which is allowable only after review, public hearing and recommendation by the Plan Commission and after the Town Board, under conditions specified in this chapter, has determined that the applicable conditions specified in this chapter have been met and has created any additional site- or operation-specific conditions as are necessary for public and neighborhood health, safety and welfare. CONDOMINIUM A residential, commercial or industrial building and property subject to condominium declaration as established under Wis. Stats., Ch. 703. CONSERVATION Planned management of a natural resource to prevent exploitation, destruction, or neglect. CONSERVATION CORRIDOR Defines and separates human activity from that of wildlife or natural habitats in a pattern without fragmentation that accommodates movement between regions. Often bordered by recreational greenways Page 89 of 207 8 that provide transition to human activity in a manner that heightens awareness to and appreciation of environmentally sensitive areas. CONSERVATION EASEMENT As provided in Wis. Stats., § 700.40, a holder's nonpossessory interest in real property imposing any limitations or affirmative obligations the purposes of which include permanently retaining or protecting natural, scenic or open space values of real property, permanently assuring the availability of real property for agricultural, forest, recreational or open space use, permanently protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site as defined in Wis. Stats., § 157.70(1)(b), or permanently preserving the historical, architectural, archaeological or cultural aspects of real property. CONTRACTOR'S STORAGE YARD The outdoor portion of a lot or parcel, where a construction or service contractor maintains a permanent business office, that is used to store and maintain construction or service equipment and other materials customarily used by the construction or service contractor. If used in this manner, the entire lot or parcel would then be classified as a contractor's storage yard and will be required to conform to all applicable zoning district standards and regulations. CONVENIENCE STORE A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverages and pastries may be included in the food items offered for sale. CROP OR FORAGE PRODUCTION Cultivated plants including but not limited to field crops such as corn, wheat, oats, barley, hay, potatoes and dry beans; fruits such as apples, grapes, cranberries, cherries and berries; vegetables such as tomatoes, sweet corn, carrots and squash; plants raised for culinary, medicinal or aesthetic purposes such as flowers, herbs, spices, ornamental shrubs and trees and ginseng; plants raised for energy production such as switch-grass; and plants raised for textile use, such as cotton or bamboo. "Forage" means bulky food for animals when taken by browsing or grazing. CUL-DE-SAC A dead-end road with a circular turnaround at the end for vehicular use. CULTURAL Relating to the arts and intellectual achievements, often characteristic of a particular group of people and their habits, traditions and beliefs. DAY CARE, SMALL GROUP ADULT A day program that provides the elderly and other adults with day services. DAY CARE, SMALL GROUP CHILDREN A place or home which provides care for no more than eight children for less than 24 hours a day and is licensed as provided for in Wis. Stats., § 48.65. DEALERSHIPS (OFF-ROAD, WATERCRAFT AND IMPLEMENTS) Retail sales, lease and/or rental of ATV, UTV, farm vehicles, personal watercraft, boats and related trailers. May include such vehicles for repair, distribution or storage. Page 90 of 207 9 DECK An unenclosed exterior structure that has no roof or sides, but has a permeable floor. An attached deck is part of the structure to which it is attached. An unattached deck is an accessory structure. DENSITY The acreage to dwelling unit ratio used to calculate the maximum number of dwelling units allowed under the Town's Subdivision Ordinance in an area for which subdivision is planned and based on the zoning classifications of land. DEVELOPMENT Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. DISTILLERY A facility for the manufacture or rectification of intoxicating liquors, as defined in Wis. Stats., § 125.02, and associated authorized activities, as described in Wis. Stats., § 125.52. DISTRICT Parcels or sections of the Town of St. Joseph, for which the regulations governing the use of land and buildings are uniform. DOCK, PIERS and WHARVES Structures extending into the water to facilitate the launching or mooring of watercraft or for fishing during the open water season. DRIVE-IN THEATER An establishment consisting of a movie screen, projection booth, concession stand and parking lot with the purpose of showing movies to customers who view them from their parked car. DRIVEWAY Access provided to one or two lots only from the edge of the traveled road surface of a public road to a private building or to privately owned property upon which a building will be located. Driveways must be designed and constructed to the standards of Plate RD-08 (Residential Driveway - single) and RD-09 (Residential Driveway - double) and RD-19 (Commercial Driveway) standards. DRUGSTORE/PHARMACY An establishment that is principally engaged in retailing prescription or nonprescription drugs and medicines. These establishments may also sell candies, food products, cosmetics and household items incidental to their principal business. Page 91 of 207 10 DWELLING UNIT A structure, or that part of a structure, which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household to the exclusion of all others. DWELLING, MULTIPLE-FAMILY A building or portions thereof designed for and used by more than two families. Classification of a residential structure shall be determined by its present or projected occupancy and design and not by the characteristics of ownership and tenancy such as condominium arrangements. Examples include apartment buildings, townhouses, rowhouses, and triplexes. DWELLING, SECONDARY A secondary dwelling unit, subordinate to a principal one-family dwelling, is a smaller, independent living unit within or attached to a one-family dwelling or in a detached accessory building on the same zoning lot, with the property owner of record occupying either the principal dwelling unit or the accessory dwelling unit as their permanent and principal residence. These are prohibited in the St. Croix County Riverway District. DWELLING, SINGLE-FAMILY A detached dwelling designed for or occupied exclusively by one family. DWELLING, TWO-FAMILY (DUPLEX) A building owned by a single entity designed for two separate dwelling units, each occupied exclusively by separate families. ESSENTIAL SERVICES Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants but not including buildings. EXOTIC ANIMALS Any animal, fowl, insect, or reptile that is not normally domesticated in Wisconsin or is inherently wild by nature. EXPANSION An addition to an existing structure regardless of whether the addition is vertical or horizontal or both. FAMILY One or more persons who live together in one dwelling unit as a single housekeeping entity. FARM All contiguous land under common ownership that is over 50% devoted to agricultural use per the St. Croix County tax assessment records. FARM MARKET Outdoor marketplace intended to sell homegrown produce and value-added products directly from farmers to Page 92 of 207 11 consumers. An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey for sale. This definition does include the sale of meat, fish, poultry, eggs, refrigerated dairy products, or home canned or packaged items when the proper health rules and regulations are followed and/or health permit obtained. [See Section 106.05.03(c), "Farmers market, temporary," for regulations.] FARM-RELATED EXHIBITION An exhibition, sale or event that is accessory to a farm or agricultural use, or that directly promotes the Town's agricultural economy. Examples include auctions, dairy breakfasts, exhibition of farm machinery and technology, agricultural association meetings and similar activities but not to exceed five calendar days per calendar year. This use must comply with Wis. Stats., § 91.01(1). FIELD DRIVEWAY An access to a field regularly used only for agricultural purposes or to access agricultural land. FLOOR AREA The area within the exterior wall lines of a building, provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics, unfinished basements or utility rooms, garages, breezeways, unenclosed porches or terraces. FLORICULTURE Floriculture conducted for the purpose of an income or livelihood. "Floriculture" means an establishment engaged in the production of field-grown or greenhouse-grown plants for their flowers or showy leaves. FOOTPRINT The areas of land that are covered by a structure at ground level, measured on a horizontal plane. The footprint of a structure includes cantilevered or pier-supported horizontal expansions or similar expansions that enlarge the area of the structure without using a ground level foundation. FOREST MANAGEMENT Forest management for the purpose of an income or livelihood. "Forest management" means establishments that grow and harvest timber on a production cycle of at least 10 years and that specialize in various stages of the production cycle, including reforestation, timber production, and timber harvesting. "Reforestation" means the production of seedlings in specialized nurseries. "Timber production" means the maintenance of natural forest or growing timber on areas of land that are available for the entire production cycle. "Timber" means the use of specialized machinery to gather forest products, such as timber, gums, barks, balsam needles, rhizomes, fibers, Spanish moss and ginseng and truffles. Examples include timber tract operations, logging, and forest nurseries (growing trees for reforestation and gathering forest products). FORMULA BUSINESS An establishment that is required by contractual or other arrangements to maintain any one or more of the following standardized features which causes it to be substantially identical to 10 or more other businesses located within the United States, regardless of the ownership of those businesses: name; if food is served, menu, ingredients, food preparation or presentation format; decor; employee uniforms; trademark; logo; symbol; architectural design; signage; color scheme; or any other similar standardized features. "Formula business" does not include grocery stores; drugstores and pharmacies; convenience stores; hardware stores; gas stations; and businesses primarily providing services rather than goods for sale, including but not limited Page 93 of 207 12 to banks and credit unions, movie theaters, entertainment and recreation services, mailing services and vehicle and equipment rental. FOSTER HOME/ADULT FAMILY HOME A dwelling that is the primary domicile of a foster parent who is licensed under Wis. Stats., § 48.62, or a dwelling that has been certified as an adult family home under Wis. Stats., § 50.032(1m)(b). FOUNDATION The underlying base of building or other structure, including, but not limited to, pillars, footings and concrete and masonry walls. FRANCHISE ARCHITECTURE A distinct architectural building style and/or elements commonly employed by a fast-food or other retail franchise, that serves to enhance or promote brand identity through visual recognition. FRONTAGE All of the property abutting on one side of a roadway measured along the road between intersecting roads. FUNERAL HOME An establishment primarily engaged in preparing the dead for burial or interment and conducting funerals. FUR FARM The practice of breeding or raising certain types of animals for their fur, such as mink, chinchilla, fox and rabbit. GARAGE, PRIVATE An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to which it is accessory. GARAGE, SERVICE Any commercial premises used for the storage or care of motor-driven vehicles for the general public or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. GARDEN CENTER A place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery and gardening tools. GOLF COURSE A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse which may include dining, social events and gatherings and other recreational facilities and shelters as accessory uses. Golf courses may provide golf equipment rental and golf instruction services. GOVERNMENTAL, INSTITUTIONAL, OR NONPROFIT COMMUNITY USE A building or land area not otherwise defined in this chapter, that: Page 94 of 207 13 A. Is used to administer, oversee, or manage public programs exercising executive, legislative, or judicial authority; or B. Nonprofit and civic functions described in 26 U.S.C. § 501(c) such as grantmaking, charitable trusts or fund-raising, social or political advocacy, preservation and protection of the environment and wildlife, promoting the civic and social interests of a nonprofit organization, or promoting public or professional interests such as business associations, professional organizations, labor unions, and political organizations; C. Provides meeting spaces for the general public or a neighborhood, such as a meeting hall, community center, or exhibition hall. IBC Reference: courtrooms, civic administration, and exhibition halls. GRADE, STRUCTURE The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the average grade shall be determined by averaging the elevation of the ground of the highest and lowest grades adjacent to the building. GREENHOUSE A temporary or permanent accessory structure typically made of, but not limited to, glass, plastic or fiberglass in which plants are cultivated. GREENHOUSE OR NURSERY FOR RETAIL PLANT SALES A facility that may include the outside display of plants offered for sale when such display is located behind the front yard line established in the district in which the nursery or greenhouse is located. GREENWAY A conservation corridor maintained in its natural condition to minimize the adverse effects of development on sensitive environmental resources such as wetlands, floodplains, and steep slopes; limit disturbance to natural or cultural features such as mature woodlands, hedgerows and tree lines; preserve critical wildlife habitats; provide use as alternative transit and recreational trails between neighborhoods and communities in a transitional manner that heightens awareness to and appreciation of the environmental resources. GROUND-MOUNT A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses. GROUP HOME A facility designed to fit into the community to provide living quarters and services for individuals of medical or social needs and to be staffed by qualified professionals pursuant to Wis. Stats., § 48.60, foster homes, and Wis. Stats., §§ 46.03(22) and 62.23(7)(i), community and other living arrangements. GYMNASTICS/DANCE STUDIO/MARTIAL ARTS A building or portion of a building used by a gymnast, dancer, or martial artist for practice or for instructional classes in gymnastics, dance, or martial arts and similar activities. HARD SURFACE Commercial or industrial zoning area on which is located building footprint(s), delivery area(s), new interior Page 95 of 207 14 service road(s), parking lot(s), unloading and loading facilities and outdoor storage. HARVESTING OF WILD CROPS The use of machinery to reap the fruit and/or seed produced by wild plants on undeveloped public and/or private land. Unlike Agriculture - Crop or Forage Production, Harvesting of Wild Crops does not involve buildings or structures, or the use of seeds or fertilizers to propagate plant growth. HEALTH/FITNESS CENTER A facility which promotes physical fitness, weight control, exercise, and personal improvement that may also include massage or bathing. HOME HEALTH CARE SERVICE OFFICE A system of care provided by skilled practitioners to patients in their homes under the direction of a physician. Services include nursing, occupational therapy, speech-language therapy and medical social services. HOME OCCUPATION A business or commercial activity conducted on property zoned for Traditional Residential, Preservation Residential, and Agricultural and Rural Residential. Home occupations are categorized as major or minor. HOTEL or MOTEL A building in which lodging, with or without meals, is offered to transient guests for compensation and where there is no permanent occupancy of any unit other than by the owner or the owner's employees. HOUSEHOLD PETS Domestic animals, commonly found in residences, kept as pets and not raised for commercial resale, including dogs, cats, birds and other small animals. IMPERVIOUS SURFACE Any structure, surface or improvement that reduces and/or prevents absorption of stormwater into land. Porous paving, paver blocks, gravel, crushed stone, crushed shell, elevated structures (including boardwalks), and other similar structures, surfaces or improvements are considered impervious cover. Grass, lawns or any other vegetation are not considered impervious cover. INDOOR MAINTENANCE AND REPAIR OF GOODS AND EQUIPMENT A use inside a building including repair and service of small motors, such as lawn mowers, washing machines, sewing machines, jet ski, four wheelers and small equipment such as guns, chain saws, shoes, etc. INDOOR RECREATION FACILITY A building used for indoor recreation, including but not limited to tennis, racquetball, driving ranges, batting cages, curling, dance schools, ice arenas, pool hall and health club. INDUSTRY, LIGHT A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including research, development, processing, fabrication, assembly, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing, and which activities are conducted wholly within an enclosed building. Light industry, as opposed to heavy industry, is more consumer-oriented than business-oriented. Page 96 of 207 15 INNOVATION WORKSPACE Where people work separately or collaboratively under one roof as a free public service or as paid service with or without access to materials, spaces or equipment such as internet, offices or specialized machinery. May include business incubators, commissary kitchens, artist markets and other similar industries. May also include "makerspace" for education, prototyping and service to individuals, inventors, and start-ups with short-term, low-production manufacturing needs. INSTITUTIONAL A use including but not limited to government building, library, and public or private charter school. INTERPRETIVE AND/OR RESEARCH CENTER FOR HISTORIC, NATURAL AND SOCIAL SCIENCES A facility that enables interaction between faculty, scholars, students and industry to enhance research opportunities, academic excellence, real-world problem-solving, knowledge creation and knowledge dissemination. Branches of historic, natural and social sciences deal with the physical world, society, relationships and past events. JUNKYARD An open space where junk, waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A “junkyard” also includes an auto wrecking yard, but does not included uses conducted entirely within enclosed buildings. KEEPING LIVESTOCK Keeping livestock (other than livestock facilities) for the purpose of an income or livelihood. KENNEL, COMMERCIAL An establishment, structure or premises open to the public and/or operated with intent of making a profit where more than a certain number of dogs or cats that are six months of age or older are kept, that the number being determined by the size of the lot on which the establishment, structure or premises is located, and where said dogs, or any of them, are bred and raised for sale, boarded, groomed and/or trained as a service. LAND DIVISION A subdivision, minor subdivision, major subdivision, resubdivision or replat. LANDSCAPE SUPPLY AND CONTRACTING BUSINESS (PLANT OR TREE NURSERY) A landscape supply business offers landscaping materials, tools and plants for commercial and residential applications. The landscaping and contracting business is a profession that involves the art and technology of landscape and garden project planning, construction and landscape management, and maintenance and gardening; for garden aesthetics, human enjoyment and safety, and ecosystem-plant community sustainability. LIFE CARE/CONTINUING CARE SERVICE A long-term care option for older people who want to stay in the same place through different phases of the aging process. These services offer different types of housing and care levels based on a senior's needs and how they change, including living independently, assisted living, and skilled nursing. Page 97 of 207 16 LIQUOR STORE Establishments primarily engaged in selling, or offering for sale, alcohol beverages to persons not holding a permit or a license under Wis Stats., Ch. 125. LIVE-WORK UNITS A structure that combines work space with living quarters. Intended for use by entrepreneurs and professional occupations including, but not limited to, accountants, architects, artists and artisans, attorneys, multimedia-related professionals, consultants, engineers, travel agents, tutors, photographers, and designers. LIVESTOCK Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish. LIVESTOCK FACILITY A feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any twelve-month period. A "livestock facility" includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate livestock facility. See Ch. ATCP 51, Wis. Adm. Code. LIVESTOCK STRUCTURE A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. "Livestock structure" includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or waste storage facility. "Livestock structure" does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock. See § ATCP 51.01, Wis. Adm. Code. LOCAL Belonging to a specific town or neighborhood. LOT A parcel of land numbered in sequence with other parcels shown on a plat or certified survey map. LOT LINES AND AREA The peripheral boundaries of a lot and the total area lying within such boundaries. LOT WIDTH The width of the lot as measured at the average distance between the side lot lines and the setback lines. MARQUEE or CANOPY A roof-like structure of permanent nature which projects from the wall of a building, generally designed and constructed to provide protection from the weather. MEDICAL CLINIC A use that provides ambulatory, outpatient or inpatient medical care including but not limited to health Page 98 of 207 17 maintenance, diagnosis, therapy or treatment of disease, pain, injury, deformity, mental illness and addiction. MITIGATION Action taken to minimize the adverse impacts of development. Mitigation includes but is not limited to the installation of vegetative buffers, removal of nonconforming structures from setback areas and implementation of best management practices for erosion control and stormwater management. MOBILE HOME A dwelling that is built in a factory, but does not comply with HUD standards and is not a modular home. This includes any "mobile home" as defined by Wis. Stats., § 101.91. MOBILE HOME PARK Any area or tract of land designed for the installation of mobile homes on spaces or lots offered for lease or rent, together with necessary accessory buildings, driveways, walks, screening and other required adjuncts. MOBILE SERVICE FACILITY The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure. A. Class 1 co-location: the placement of a new mobile servicer facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification. B. Class 2 co-location: the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification. MOBILE SERVICE SUPPORT STRUCTURE A freestanding structure that is designed to support a mobile service facility. MODIFICATION Includes, but not limited to, any addition, alteration, rebuilding or replacement of any existing building, accessory structure or accessory use. MODULAR HOME A dwelling that is built in a factory, conforms to standards set forth in the Wisconsin Uniform Dwelling Code, composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. MOTOR VEHICLE Any passenger vehicle, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power. MUSEUM/ART GALLERY A building that serves as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use in the sale of goods related to the collection. NATURAL AREA Page 99 of 207 18 A geographical area having a physical and cultural individuality developed through undisturbed and natural growth rather than design or planning. A natural area may include restored and managed landscapes contributing to the area's ecological, scientific or educational value, but does not include maintained lawns or areas landscaped with non-native herbaceous plants. NET PROJECT BUILDABLE AREA The area of a lot minus slope preservation zones, floodplains, road right-of-way and wetlands. Net project area need not be contiguous. NONCONFORMING HOME OCCUPATION One which was established and maintained prior to the effective date of this chapter but is no longer allowed because of the application of this chapter or any amendment hereto. NONCONFORMING LOT A legally created and recorded lot existing on the effective date of this chapter or amendment to it and that does not comply with the area-based or spatial requirements for the zoning district in which it is located, or where the footprint of any structure on the lot does not comply with the area-based or spatial requirements for the zoning district in which it is located. NONCONFORMING STRUCTURE A structure that existed lawfully on the effective date of this chapter or amendment to it and that does not conform to spatial or area-based regulation for the zoning district in which it is located or otherwise created by this chapter or by a later amendment such as regulations determining setbacks, height and lot coverage. NONCONFORMING USE A use of land, a dwelling or a building that existed lawfully on the effective date of this chapter or amendment to it and that does not conform to the use restrictions for the zoning district in which it is located or as otherwise created by this chapter or by later amendment(s). NOTION, VARIETY, OR GIFT SHOP An establishment that retails books, newspapers, magazines, stationery, school and office supplies, novelty merchandise, souvenirs, greeting cards, seasonal and holiday decorations, curios, sheet music, prerecorded audio and video tapes, compact discs and phonograph records. NURSERY, WHOLESALE The on-site propagation and growing of plants, shrubs, trees, or vines. Products raised on-site may be sold on-site. Retail sales of any other products are not allowed. Garden centers are not included. NURSING HOME Any building used for the continuous care, on a commercial or charitable basis, of persons who are physically or mentally incapable of caring for their own personal needs. OFF-GRID SOLAR ENERGY SYSTEM A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. OFFICE A building used as the place of business for a recognized professional (such as a doctor of medicine or Page 100 of 207 19 dentistry, practitioner, minister, architect, landscape architect, professional engineer, lawyer, author, musician) or to conduct the affairs of a business, profession, service industry, or government where goods are not sold at retail from the premises. OPEN-AIR AGRIBUSINESS Agriculture-based outdoor entertainment and education such as rural craft vendors and immersive experiences that promote local farms, arts and culture on land with minimal building structures. OPEN SPACE Open, undeveloped land including areas for natural resource protection, scenic preservation, wildlife and forest management, buffer space, and dedicated passive recreation. ORDINARY HIGH WATER MARK The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics. ORDINARY MAINTENANCE AND REPAIR Any work done on a nonconforming structure that does not constitute expansion, structural alteration or reconstruction and does not involve the replacement, alteration or improvement of any portion of the structure's foundation. OUTDOOR RECREATION FACILITY A use including but not limited to athletic fields, sport courts, miniature golf, batting cages, driving range, paintball and go-kart tracks. OUTLOT A lot remnant or parcel of land within a plat remaining after platting which is intended for other use than development. An outlot shall not be developed for any use or structure that requires a POWTS (private on- site waste treatment system). PARCEL Contiguous land under single ownership, not separated by public roads or rights-of-way. Creation of private or public roads after April 19, 1991, does not create separate parcels eligible for treatment under the minor subdivision provisions of this chapter. PARK An area of land kept largely in a natural state for the rest, recreation and enjoyment of the public. Often owned, set apart and managed by a city, state or nation, a park may include facilities to meet the basic needs of its users, including restrooms, informational kiosks, play areas, parking spaces and shelters. PARKING LOT A lot where automobiles are parked or stored temporarily but not including the wrecking of automobiles or other vehicles or storage for the purpose of repair or wrecking. PARKING SPACE An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto and fully accessible for the parking of permitted vehicles. Page 101 of 207 20 PASSIVE SOLAR ENERGY SYSTEM A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. PERFORMANCE ZONING Also called "impact zoning" or "flexible zoning," performance zoning establishes specific standards within zoning districts to regulate the design and location of a use based on the characteristics of a particular site to support development and impacts on the community. PERMITTED USES A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and standards of such districts. PERSON An individual, or group of individuals, corporation, partnership, association, municipality or state agency. PLAN COMMISSION The Town of St. Joseph Plan Commission. PORCH The area of a principal structure, with a roof over it, providing access to a building. PRESCHOOL Any building used routinely for the daytime care and education of preschool-age children, other than the child's own home or the homes of relatives or guardians, and including all necessary buildings and play areas. PRINCIPAL USE The primary purpose for which a lot or parcel is used. PROPERTY LINES The boundary lines of a lot or parcel. PUBLIC SAFETY Government establishments primarily engaged in criminal and law enforcement, police, traffic safety, firefighting, related fire protection activities, and other activities related to enforcement of the law and preservation of order. PUBLIC UTILITIES Those utilities that use underground or overhead transmission lines, such as electric, telephone, telegraph and fiber optic, and distribution and collection systems such as water, sanitary sewer and stormwater. PUBLIC WAY Any sidewalk, roadway, alley, highway or other public thoroughfare. QUARRYING The removal of nonmetallic mineral aggregates, topsoil or other natural materials from the earth by excavation, stripping or any other process. RECEPTION Page 102 of 207 21 The hosting of private parties or meetings, and/or gatherings with limited public availability by specific invitation or advance reservation, where food prepared off-site or by permit is served by a licensed provider. RECONSTRUCTION The replacement of all or substantially all of the components of a structure other than the foundation. RECREATION OUTFITTER Equipment sales, rentals, and guidance services related to outdoor recreation, including fishing, camping, biking and similar. RECREATION, PASSIVE Low intensity recreation activities which have limited noise and light impacts and are minimally disruptive to the natural environment. For the purposes of this title, “passive recreation” includes, but is not limited to, walking, hiking, canoeing, viewing, and nature study. Passive recreation is non-motorized activity. A passive recreation area is also generally an undeveloped space or environmentally sensitive area that requires minimal development. Entities such as a parks department may maintain passive recreation areas for the health and well-being of the public and for the preservation of wildlife and the environment. The quality of the environment and "naturalness" of an area is the focus of the recreational experience in a passive recreation area. Passive recreation may also be defined as a non-motorized activity that: A. Offers constructive, restorative, and pleasurable human benefits and fosters appreciation and understanding of open space and its purpose B. Is compatible with other passive recreation uses C. Does not significantly impact natural, cultural, scientific, or agricultural values D. Requires only minimal visitor facilities and services directly related to safety and minimizes passive recreation impacts RENEWABLE ENERGY SYSTEM A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window. RESIDENTIAL PROPERTY A property where dwelling units for personal residences are allowed as the principal use including accessory structures and uses. RESTAURANT An establishment primarily engaged in providing food services to patrons who order and are served while seated and pay after eating (sit-down restaurant), or providing food through a drive-through window inside the building for consumption off the premises (carryout restaurant or drive-through restaurant). Sit-down restaurants may provide this type of food service to patrons in combination with selling alcoholic beverages or presenting live entertainment. RETAIL SALES AND SERVICES The provision of goods and/or services such as cards or gifts, clothing, video games, lumber or building supplies, hardware, sports equipment, general merchandise, etc. Page 103 of 207 22 ROAD Public roads within the Town of St. Joseph which have been accepted by the Town as public roads and are maintained solely by the Town, and does not include federal highways, state or county highways and existing private access roads. All current roadways designated by the Town Board on the Town's Transportation Plan as "collector," "subcollector" or "access" shall only be changed by order of the Town Board. ROADSIDE STAND A structure not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of locally grown produced or created products. ROOF PITCH The final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12. ROOF-MOUNT A solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use. Roof installations are allowed in the Town of St. Joseph and do not need to conform to the roofline expression and concealing rooftop equipment outlined in Chapter 81, Design Regulations. [See § 81-3B(6), Roofline expression and concealing rooftop equipment.] SCHOOL, PRIVATE An institution with a private educational program that meets all of the criteria under Wis. Stats., § 118.165(1), or is determined to be a private school by the state superintendent under Wis. Stats., § 118.167. SCHOOL, PUBLIC An elementary, intermediate or secondary school that offers regular instruction capable of meeting the requirements of state compulsory education laws, operating at least five days a week for a normal school year and supported by public funds, not including colleges or other institutions of higher learning. SCREENING A solid fence at least six feet high or planted vegetative belt at least 15 feet wide and at least six feet high. SEASONAL SALES Temporary display and sale of items customarily associated with a particular season, such as Christmas trees, holiday decorations, firewood, pumpkins, or any other similar product for sale during a recognized holiday. SEASONAL STORAGE Temporary storage of items customarily associated with a particular season, such as boats, snowmobiles, RVs, campers, or any other similar seasonal items. SELF-STORAGE Indoor storage of customer's items within partitioned buildings with individual access to each partitioned area. SERVICE CONTRACTOR Contractors engaged in providing property maintenance services, including but not limited to lawn, pool and garden care, snow plowing and removal, and tree trimming and removal. Page 104 of 207 23 SERVICE STATION Any building, structure, premises or place used for the dispensing, sale or offering for sale of any motor fuel, or oils, having fuel pumps and storage tanks, also where battery, tire, polishing, greasing, washing, cleaning and similar services are rendered, but not including buildings or premises where such business is incidental to the conduct of a public garage used for the repair or storage of vehicles. A service station may also include a convenience store which is used for dispensing, sale or offering for sale of groceries, food, and other general retail merchandise. SETBACK The minimum horizontal distance between a structure and the road, side or rear lot lines, OHWM or bluff line. SKILLED NURSING SERVICES An establishment primarily engaged in providing inpatient nursing and rehabilitative services, with permanent core staff of registered or licensed practical nurses who provide nursing and continuous personal care services. Examples include convalescent homes, nursing homes, assisted living facilities for the elderly with nursing care, rest homes with nursing care and inpatient care hospices. SOLAR ACCESS Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system. SOLAR ACCESS RIGHTS The authority to restrict systems is limited by Wisconsin state law, Wis. Stats., § 66.0401. This is noted in the state statute and should be replicated in municipal zoning. The Town of St. Joseph zoning meets the minimum requirements of the state statute so residents have full access to install solar throughout the Township. SOLAR ARRAY An accessory system or device that is roof-mounted or ground-mounted with poles or racks used to collect radiant energy directly from the sun for use in a solar collector's energy transformation process. SOLAR COLLECTOR A device, structure or part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy. (Source: Wis. Stats., §§ 66.0401 to 66.0403.) SOLAR COLLECTOR SURFACE Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware. SOLAR ENERGY Radiant energy received from the sun. [Source: Wis. Stats., § 13.48(2)(h)1f.] SOLAR ENERGY SYSTEM Equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. [Source: Wis. Stats., § 13.48(2)(h)1g.] SOLAR ENERGY SYSTEM, SMALL-SCALE Page 105 of 207 24 Roof-mounted or ground-mounted solar collectors associated only with single-family residential dwellings. SOLAR RESOURCE A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. Standard time on all days of the year. SPECIALTY BEVERAGE TASTING ROOM WITH RETAIL SALES A retail beverage store characterized by its small size and a limited number of high-quality specialty beverages typically including premium wine and beer. This use may also include tastings of the products sold on site. STRUCTURAL ALTERATION The replacement or alteration of one or more of the structural components of any of a structure's exterior walls. STRUCTURAL COMPONENT Any part of the framework of a building or other structure. The structural components of a building's exterior walls include the vertical studs, top and bottom plates, and window and door sills and headers. A structural component may be non-load-bearing, such as the framework of a wall at the gable end of a one-story house. Wall coverings, such as siding on the exterior and drywall on the interior, are not included in the definition of "structural component." STRUCTURE Any man-made object with form, shape and utility, that is constructed or otherwise erected, attached to or permanently or temporarily placed upon the ground, a riverbed, streambed or lakebed or upon another structure. The term "structure" includes swimming pools, hot tubs, patios, decks and retaining walls, but does not include landscaping or earthwork such as graded areas, filled areas, ditches, berms or earthen terraces. The term "structure" does not include small objects that are easily moved by hand, such as lawn chairs, portable grills, portable picnic tables, bird feeders, birdbaths and birdhouses. STRUCTURE HEIGHT MEASUREMENT The vertical distance from the average ground elevation to the highest point of a flat roof, to the deckline of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitched roof. This measurement shall exclude chimneys. STRUCTURE, PRINCIPAL The primary structure on a lot utilized for the property's principal use. The term "principal structure" includes attached porches, attached decks and attached garages. STRUCTURE, PRINCIPAL RESIDENTIAL The primary residential structure that serves a single family or a platted residential lot, notwithstanding that a single family may have more than one building on the lot for that family's residential use. SUBDIVISION The division of land into lots, parcels or tracts by the owner for the purpose of building development or Commented [ABR1]: Definition from the city of Ukiah, California, as it was the only other municipality I could find using similar terminology. https://records.cityofukiah.com/WebLink/DocView.aspx?id= 20260&dbid=0&repo=Ukiah Page 106 of 207 25 transfer of ownership where the act of division creates one or more new lots or building sites that are 35 acres or less. SUSTAINABILITY The organizing principle for meeting human development goals while simultaneously sustaining the ability of natural systems to provide the natural resources and ecosystem services based upon which the economy and society depend. The four pillars of sustainable communities are often defined by social, environmental, economic and cultural indices. TAVERN A building or part of a building open to the public, where alcoholic beverages are sold at retail for consumption on the premises. TEMPORARY RESIDENCE A trailer, van, mobile home, recreational vehicle, tent, bus, truck, automobile or similar apparatus for residential purposes, temporary or permanent, for temporary occupancy pending construction of a permanent dwelling. TOWN BOARD The Town Board of the Town of St. Joseph, St. Croix County, Wisconsin. TOWN CENTER A commercial zoning district that contains elements of traditional community centers with a mixture of retail, restaurants, service providers and entertainment, planned to create a "sense of place" for Town residents. TOWNHOME A multiple-family dwelling structure. Townhomes allow several single-entry, single-family dwelling units with common vertical walls to be constructed in one structure along a road or court. TRANSMISSION SERVICES Electric power lines, telephone and telegraph lines, communication towers cables, sewage lift stations, sewer and water pipes, and other pipes, conduits and accessory structures that are used to transport power, convey information or transport material between two points, other than wireless communication services facilities. TRUCK, SERVICE, REPAIR AND TOWING Repairs, incidental body and fender work, replacement of parts and motor services, towing and steam cleaning to passenger automobiles and trucks equal to or exceeding 12,000 pounds gross weight. UNNECESSARY HARDSHIP Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter. USE The use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of standards of this chapter. USE, PRINCIPAL Page 107 of 207 26 The primary use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "conditional." UTILITY, MINOR Electrical power line, telephone or telegraph line, water pump station, sewage lift station, sewer or water pipe, or other pipe, conduit or accessory structure used to transport power, or transport material between two points, other than wireless communication service facilities. Electric substation and distribution facility with a nominal capacity of no more than 115 KV. Gas and fuel lines for local natural gas distribution. Water pumping plant with a capacity of < 10 MGD. Water tank, septic tank, well, or water reservoir. VARIANCE Authorization from the Board of Appeals for the use, construction or location of a building, structure or land in a manner that deviates from the standards required or uses authorized in this chapter. VEHICLE Every device in, upon or by which any person or property is or may be transported or drawn upon a road or highway, including any car, truck, trailer, semitrailer, watercraft, mobile home or other motor craft whether or not it is self-powered or remains capable of travel in its present state. VETERINARY CLINIC An establishment that provides medical care and treatment, observation, dentistry or surgery for domestic animals. WASTEWATER TREATMENT SYSTEM A wastewater treatment and disposal system serving one structure with a septic tank and soil absorption field, located on the same parcel as the structure. It also means an alternative wastewater treatment system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure, a.k.a. POWTS (private on-site waste treatment system). WELL An excavated opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater, regardless of its intended use. WETLAND An area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. WIND ENERGY SYSTEM Equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy, as defined in Wis. Stats., § 66.0403(1)(m). WINERY A facility for the manufacture of wine, as defined in Wis. Stats., § 125.02, and associated authorized activities, as described in Wis. Stats., § 125.53. WIRED AND WIRELESS COMMUNICATION/CABLE/TRANSMISSION FACILITY A transmission facility and infrastructure used to transmit voice, data, text, sound, and video over a wired or Page 108 of 207 27 wireless telecommunications network. Examples of services include telephone services, including VoIP services; wired (cable) audio and video programming distribution; and wired broadband internet services. YARD Open space on the same lot with a building that is unoccupied and unobstructed from the ground upward. YARD, FRONT The exterior space that extends the full width of the lot between the front lot line and the nearest part of the main building excluding uncovered steps. YARD, REAR The yard, unoccupied except for accessory structures, extending from the rear lot line to the rear line of the main building for the entire width of the lot, excluding such projections as are permitted in this chapter. YARD, SIDE A yard or open space on each side of the principal structure extending from the side wall of the building to the side lot line and from the front yard to the rear yard. When an accessory structure is constructed on the side of the principal structure the setback requirements are the same for the accessory structure as for the principal structure. § 170-9 Jurisdiction and compliance. A. Jurisdiction. The jurisdiction of this chapter extends to all structures, land, water and air within the Town of St. Joseph. B. Compliance. No structure or land shall hereafter be used, no land use shall be substantially changed, and no structure or part thereof in the Town shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable Town regulations. State and St. Croix County regulations also affect and regulate land use in the Town. § 170-10 Use, how described and allowed. A. Permitted uses. Permitted uses are uses that are expressly allowed by this chapter in specific zoning districts shown on the Zoning Map. Permitted uses are not conditional uses. B. Accessory uses. Accessory uses and specified accessory structures are permitted in any district. C. Conditional uses. (1) Conditional uses are not inherently incompatible with permitted uses but could create special problems and hazards if allowed without the imposition of conditions by the Town. A permit is required under this chapter to engage in a conditional use. Conditional use permits require application, review, public hearing and recommendation by the Plan Commission and approval by the Town Board in accordance with Article XVI of this chapter. Conditional uses are not permitted uses. (2) When a conditional use becomes a permitted use by Town action, as by amending this Page 109 of 207 28 chapter, the conditional use permit terminates. The establishment of new or different conditional use(s) for such property with or without a conditional use permit requires review, public hearing and recommendation by the Plan Commission and approval by the Town Board in accordance with Article XVI. (3) If such a conditional use is discontinued, abandoned or terminated for a twelve-month period, the conditional use permit becomes null and void. D. Prohibited uses. Uses not listed are prohibited. § 170-11 Reduction or joint use. No lot, yard, parking area, setback, building area, open space requirement, or other space shall be reduced in area or dimension so as not to meet the provisions of this Code. § 170-12 Site regulations. A. Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Town by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, slope, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the chapter, shall in writing recite the particular facts upon which it bases its conclusion that any land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he/she desires. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability when making its recommendation to the Town Board. B. Road frontage. All lots and parcels shall abut upon a public road or other officially approved means of access to a public road. C. Principal structures; principal residential structures. There shall be no more than one principal structure located, erected or moved onto any lot of record. Principal residential structures on platted, residential lots on which a single family resides may have more than one building on the lot for that family's residential use where all requirements of this chapter and other applicable regulations, particularly including those concerning waste treatment and water, are also met. Where additional principal residential structures are permitted the Town Board, taking into consideration the recommendation of the Plan Commission, may impose restrictions or requirements in addition to those generally required by district regulations, enhanced yard, landscaping or parking requirements and establishing minimum separating distance from the principal structures on adjoining lots. § 170-13 Livestock facilities, keeping of livestock, and limitation on animals and animal units. A. Purpose. This section provides for livestock facilities that support the Town's agricultural economy, allow reasonable economic return for agricultural property owners, protect surrounding neighborhoods, preserve the Town's natural resource areas and corridors, and minimize the environmental and public health and safety impacts of intensive livestock facilities. B. Applicability. This section applies to all animal units, except household pets, in all districts. Page 110 of 207 29 C. General regulations. (1) Except for poultry as permitted in the Traditional Residential, Preservation Residential, Agricultural and Rural Residential, no animal units may be kept on lots or parcels less than three acres, nor on lots or parcels in a major subdivision unless provided for in the plat. (2) Livestock facilities of any kind are permitted in the Agricultural and Rural Residential District with an approval of a conditional use permit. Conditional use permits for livestock facilities shall be reviewed and decided in accordance with the procedural and performance standard requirements of Wis. Stats., § 93.90; Ch. NR 243 (Animal Feeding Operations), Ch. NR 151 (Runoff Management), and Ch. ATCP 51 (Livestock Facility Siting), Wis. Adm. Code; St. Croix County Code of Ordinances Chapter 11 (Animal Waste Storage Facilities); and Natural Resources Conservation Service (NRCS) Conservation Practices Standard Code 590, on Nutrient Management, to the extent such regulations apply. Such procedures and performance standards are incorporated herein by reference. (3) Keeping of livestock of less than 200 animal units shall be permitted in the Preservation Residential District with approval of a conditional use permit. (4) One animal unit per acre of land suitable for animal waste utilization, consistent with NRCS 590, Nutrient Management, is allowed without a permit on lots or parcels of three acres or more in size. Land suitable for animal waste utilization excludes: (a) Wetlands or lands below the OHWM. (b) Closed depressions. (c) Slopes in excess of 25%. (d) Other areas that may be determined as sensitive and adversely affecting surface water or groundwater quality. D. Livestock structure setbacks. (1) Agricultural and Rural Residential District. The following structure setback provisions apply to livestock structures, including animal waste storage structures, and other structures housing animal units in the Agricultural and Rural Residential Districts: (a) All structures must be set back at least 100 feet from any property line or public road right-of-way if the facility has less than 1,000 animal units. (b) All structures must be set back at least 200 feet from any property line or 150 feet from a public road right-of-way if the facility has 1,000 animal units or more. Page 111 of 207 30 (c) All animal waste storage structures for less than 500 animal units must be set back at least 100 feet from any property line or the nearest point of any public road right-of-way unless: [1] The animal waste storage structure existed prior to May 1, 2006. [2] The animal waste storage structure is a single new structure constructed no closer to the relevant property line or public road than an animal waste storage structure that existed on the same tax parcel prior to May 1, 2006, if the new structure is no larger than the existing structure and is located within 50 feet of the existing structure. (d) All animal waste storage structures for 500 or more animal units must be set back at least 350 feet from any property line or the nearest point of any public road right-of-way unless: [1] The animal waste storage structure existed prior to May 1, 2006. [2] The animal waste storage structure is a single new structure constructed no closer to the relevant property line or public road than an animal waste storage structure that existed on the same tax parcel prior to May 1, 2006, provided that the new structure is no larger than the existing structure and is located within 50 feet of the existing structure. (2) Preservation Residential District. The following structure setback provisions apply to livestock structures, including animal waste storage structures, and other structures housing animal units in the Preservation Residential District: (a) All livestock structures must be set back at least 100 feet from any property line or 100 feet from any public road right-of-way for lots or parcels with less than 200 animal units. (b) Animal waste storage structures must be set back at least 350 feet from any property line or nearest point of any public road right-of-way. (3) Exemption for equipment and piping. Equipment and piping used to transport animal waste from a livestock facility to an animal waste storage structure are exempt from the setback provisions in this subsection. E. Dogs as household pets. See Chapter 64 of the Code of the Town of St. Joseph. F. Exotic animals. The raising and housing of exotic animals is not permitted. Llamas, ostriches and emus kept for purposes of husbandry and sale are not considered to be exotic animals and are instead treated as livestock and as animal units under all applicable provisions of Wisconsin Statutes and the Administrative Code. Page 112 of 207 31 G. Commercial kennels. Conditional use permits for commercial kennels shall meet all of the following requirements: (1) All kennel structures and runs shall be located at least 300 feet from all property lines and 50 feet from any potable water supply. (2) All kennel structures housing animals shall be soundproofed so that no audible animal noise can be heard at the property line. (3) Outside pens, runs, kennel structures and parking areas shall be screened by landscaping or other means to be reasonably obscured from view at adjoining property lines. (4) Animal waste shall be continuously managed and disposed of in a manner that leaves no perceptible odor at adjoining property lines. (5) No more than two animals six months or older shall be outside at any time unless the terms of the conditional use permit provide otherwise. (6) No more than two animals six months or older shall be kept in a single enclosure. (7) Bark suppression devices shall be used on all dogs six months or older when outside, unless the terms of the conditional use permit provide otherwise. (8) All animals shall be housed indoors from 9:00 p.m. to 6:00 a.m. daily. (9) Commercial kennels shall not be located in a major subdivision. § 170-14 Multiple-family dwellings. To grant a conditional use for multiple-family use, the Town Board shall find that the following conditions are present: A. The establishment of the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. B. The use, value and enjoyment of other property in the neighborhood shall be in no foreseeable manner substantially impaired or diminished by the establishment of the use. C. The establishment of the use will not impede the normal and orderly development of the surrounding property for uses permitted in the district. D. Adequate utilities, access roads, drainage and other necessary site improvements have been made or are being provided. E. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Page 113 of 207 32 § 170-15 Bed-and-breakfast establishments. Bed-and-breakfast establishments are defined in Wis. Stats., § 254.61(1). To grant a conditional use, the Town Board shall find that the following conditions are present: A. Adequate off-street parking to accommodate the expected number of guests. B. Number of guests shall be limited to two adults per rented bedroom. C. The establishment of the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. D. The use, value and enjoyment of other property in the neighborhood shall be in no foreseeable manner substantially impaired or diminished by the establishment of the use. E. The establishment of the use will not impede the normal and orderly development of the surrounding property for uses permitted in the district. F. Adequate utilities, access roads, drainage and other necessary site improvements have been made or are being provided. G. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. § 170-16 Solar energy. This section provides the standards and procedures for solar energy systems. This section ensures that any proposed solar energy system or solar collector complies with applicable provisions of Wis. Stats., §§ 66.0401 through 66.0403, and this section. A. Applicability. This section applies to solar collectors and solar energy systems. B. Dimensional standards. All solar energy systems shall meet the dimensional standards for the district in which the system is located. C. Accessory use. Small-scale solar energy systems shall be allowed as a permitted accessory use in all districts where single-family homes are a permitted use. D. Conditional use. Solar energy systems shall be a conditional use in all other districts. (See Chapter 170, Zoning Use Table.) E. Limits on restrictions. The Plan Commission and Town Board shall review only to the extent they are consistent with Subsection E(1) through (3). No restriction shall be placed, either directly or in effect, on the installation or use of a solar energy system, unless the restriction satisfies one of the following conditions: (1) Serves to preserve or protect the public health or safety. (2) Does not significantly increase the cost of the system or significantly decrease its efficiency. Page 114 of 207 33 (3) Allows for an alternative system of comparable cost and efficiency. F. Procedures. To the extent not inconsistent with the state law, conditional uses shall be processed as provided in Article XVII. §170-17 Wind Energy This section provides the standards and procedures to issue conditional use permits for wind energy systems. This section ensures that any proposed wind energy system complies with applicable provision of Ch. PSC 128, Wis. Adm. Code, and this section. A. This section applies to wind energy systems. Wind energy systems are a conditional use in any district. B. The Town Board shall review a conditional use permit application for a wind energy system and apply the criteria set forth in Subsection A through C below and the criteria set out in Article XVI only to the extent they are consistent with Subsection B(1) through (3). No restriction shall be placed, either directly or in effect, on the installation or use of a wind energy system, unless the restriction satisfies one of the following conditions: (1) Serves to preserve or protect the public health or safety. (2) Does not significantly increase the cost of the system or significantly decrease its efficiency. (3) Allows for an alternative system of comparable cost and efficiency. C. The Town will apply Wis. Stats., § 66.0401, and Ch. PSC 128, Wis. Adm. Code, when evaluating conditional use permit applications under this section. D. All provisions of Ch. PSC 128, Wis. Adm. Code, are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions or modifications of Ch. PSC 128, Wis. Adm. Code, are intended to be made part of this chapter. E. The applicant shall comply with any restrictions established for public use airports or heliports under Wis. Stats., § 114.135 or 114.136. If no such restrictions are effective, wind turbine height and setback distances shall comply with the Federal Aviation Administration's obstruction standards in 14 CFR Part 77. F. Procedures. To the extent not inconsistent with state law, conditional uses shall be processed as provided in Article XVII of this chapter. Article III Zoning Districts and Regulation § 170-18 Zoning districts. For purposes of this chapter, land in the Town of St. Joseph is hereby divided into the following zoning districts: Page 115 of 207 34 Traditional Residential (T-RES) Preservation Residential (P-RES) Agricultural and Rural Residential (AG-RES) Conservancy (CD) Traditional Commercial (TR-COM) Town Center Commercial (TC-COM) Rural Mixed Use (RM-COM) Business Park (COM-I) § 170-19 Zoning Map. A. The Town of St. Joseph is hereby divided into the zoning districts and the boundaries are shown upon a map designated as the Zoning Map of the Town of St. Joseph. The Zoning Map and the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by said Zoning Map were fully described herein. The Zoning Map shall be properly attested and kept on file, along with the office text of this chapter, in the office of the Clerk/Treasurer of the Town of St. Joseph. B. Zoning district boundaries shall be determined by measurement from and as shown on the Zoning Map. In case of any question as to the interpretation of such boundary lines, the Town Board shall interpret the Zoning Map according to the reasonable intent of this Code. Unless otherwise specifically indicated or dimensioned on the Zoning Map, the zoning district boundaries shall follow lot lines, US Public Land Survey lines, the center lines of roads, highways, easements and railroad right-of-ways. Insert Procedure for site plan approval here (1) The Town Board for the Town of St JosephTown of St. Joseph declares that it is necessary and appropriate to require site plan approval of any development in any districts except for residential one and two family housing, to preserve and promote attractive, well-planned and consistent conditions for all applicants and property owners. Site plan approval must be first granted by the Town Plan Commission and then the Town Board prior to any permit being issued and construction commencing. Upon approval of the Town Board, a land use permit shall be issued to the applicant. (a) Copies of the site plan must be submitted to the Town Clerk at least 15 days in advance of the Town Plan Commission or Town Board's meeting at which the applicant is seeking approval. Please refer to Design Regulations Manual for Chapter 81, Design Regulations. In all cases the site plan must be to scale and contain the minimum: [1] Name of the project and development. [2] Location of the project/development. [3] Location map, including areas within 1/4 mile of the site. [4] North arrow. Page 116 of 207 35 [5] Name and mailing address of the owner(s) and applicant. [6] Date the plan was prepared. [7] Boundary line of the property with dimensions. [8] Existing and proposed topographic contours at a minimum interval of two feet. [9] Date of the survey utilized for the boundary description and topography. [10] Total acreage within the proposed development. [11] Existing zoning classifications if any rezoning is requested. [12] Lot numbers and dimensions of lots to the nearest foot. [13] Any public land or parks that are proposed or in existence. [14] On-site street and street rights-of-way. [15] Adjacent streets and street rights-of-way. [16] Utilities and utility rights-of-way or easements. [17] Location of all buildings and structures either existing or proposed. [18] Parking facilities and layout of parking spaces. [19] Traffic flow indicating ingress and egress from site. [20] Sidewalks, walkways, driveways, loading areas and docks. [21] Exterior refuse and garbage storage areas. [22] Site drainage. [23] Surface water holding ponds, drainage ditches and drainage patterns. [24] Culverts, including invert elevations and description as to type and location. [25] Landscaping (detailed plans showing plantings, equipment, berming, materials, walls, etc.). Page 117 of 207 36 [26] Exterior lighting indicating type, locations and height. [27] Exterior signage showing type, locations and size. [28] Location and size of existing water bodies on the property. [29] Number of employees anticipated once the property is fully developed for commercial use. [30] Location of proposed septic system well for water. (b) The Town Plan Commission and Town Board shall require plans and statistics indicating the phasing of the project, and statistics of the site development relating to site square footage, percent of site coverage and setbacks. In addition, the number of parking spaces and the ratio of parking spaces to square footage of the principal structure must be provided by the applicant as outlined in section 170-47XXX. (c) Exterior finish materials must be provided as part of the site plan approval process. The type of materials must be either in writing from the applicant or on the cross-sections of the architectural building plans submitted in conjunction with the site plan. (d) Prior to final approval the Town Board shall be provided a phasing schedule of the development and also be provided the estimated commencement date of construction of the site improvements and the principal structure. (e) Any restrictive covenants that the owner or applicant is proposing for the property must be provided prior to any approval being granted by the Town Board. (f) The Town Board shall require the posting of an irrevocable letter of credit or financial assurance by the applicant or developer as a guaranty of site improvements separate from the building as approved on the site plan. The letter of credit or financial assurance must be provided to the Town Board prior to issuance of any commercial and industrial land use permit. The amount of the letter of credit or financial assurance shall be equal to 10% of the estimated valuation of the property improvements for stormwater, parking and water retention, as estimated by the applicant or developer, reviewed by the town engineer and approved by the Town Board. (g) Other information considered by the Town Plan Commission and/or the Town Board to be pertinent to the proposed project may be requested from the applicant. Such costs incurred by the Town of St JosephTown of St. Joseph shall be the responsibility of the applicant. (2) Site plan approval. Prior to land use permit the site plan submitted by the applicant must receive approval from the Town Board. The Town Board has the authority to require the applicant to assure that particular elements of the site plan, either proposed by the applicant or imposed by the Town Page 118 of 207 37 Board, are constructed as part of the approved site plan for development of the property. (3) Review and recommendation by the Town Plan Commission. (a) In considering site plans submitted by the applicant for site plan approval under this chapter, the Town Plan Commission shall consider the following: interrelationship with the site plan elements to conditions both on and off the property; conformance with the township's Comprehensive Plan; existing Town ordinances; the impact of the site plan and development on the existing and anticipated traffic and parking conditions; the adequacy of the site plan with respect to surrounding land uses; pedestrian and vehicular ingress and egress from and to the site; landscaping; lighting; provisions for utilities; architectural and engineering features; site drainage; site grading; signage; setbacks; screening and other related matters as determined by the Town of St JosephTown of St. Joseph to be appropriate for review and approval. (b) The Town Plan Commission may question the applicant for specific items pertaining to the site plan. After discussion and consideration by the Commission, the site plan may by motion be approved, disapproved or tabled because additional information is requested to be provided by the applicant. In addition, the Commission may disapprove the proposal for failure of the applicant to conform to standards and requirements as listed in this chapter. If the applicant through no action or failure to appear before the Plan Commission allows 75 days to elapse, then the applicant must reapply to the Town Plan Commission for any further consideration of the proposal. The Plan Commission may also impose necessary conditions and safeguards prior to taking any actions and making any recommendation to the Town Board. (c) During review of plans from any applicant the Town Plan Commission shall consider the oral and written statements from the applicant, the public, staff members or its own Commission members. (4) Review and decision by the Town Board. The Town Board shall review the site plan submitted by the applicant after the Town Plan Commission has made its recommendation to the Town Board. In its review of the site plan the Town Board shall consider the same impacts and features as the Town Plan Commission. The Town Board requires a simple majority of voting members present for the Town Board to approve or reject the site plan. In the event of an adverse or negative recommendation from the Town Plan Commission, a 2/3 majority vote of the Town Board is necessary for approval to be granted to the site plan and development. (5) Road standards: All road standards are in Chapter 149 and must be utilized by the Town of St Page 119 of 207 38 JosephTown of St. Joseph when site plans and developments are reviewed will be those standards in effect at the time the applicant submits plans for approval by the Town Board. Road standards that are adopted by the Town of St JosephTown of St. Joseph shall consider such items as the amount of traffic, type of traffic, proposed and existing land uses, density of the development and drainage patterns. § 170-20 Effect of zoning actions by St. Croix County prior to effective date of chapter. A. The Town will assume zoning authority in place of St. Croix County on the effective date of this chapter. To the extent that permitted use differences do exist, legal and permitted uses under St. Croix County Zoning Ordinance that was in effect on the effective date of this chapter and that are not completely consistent with permitted uses under this chapter shall be treated as legal, nonconforming uses. Landowners with such nonconforming use rights can also apply for a conditional use permit under the terms of this chapter. B. Property in the Town that is the subject of special exception permits, conditional use permits and variances previously issued by St. Croix County and being exercised on the effective date of this chapter, including those in support of commercial activity in noncommercial zones, shall be treated as nonconforming uses that are separately and additionally subject to, and protected by, the terms and conditions of the applicable county-issued special exception permit, conditional use permit or grant of variance, where adopted by specific reference thereto in the Town resolution enacting this chapter, or where after the effective date of this chapter a landowner is able to produce specific proof of such prior official county action as is sufficient and satisfactory to the Town. The holder of such a conditional use permit, special exception permit or variance may also seek a conditional use permit from the Town where the use is otherwise eligible for such a permit under this chapter. § 170-21 Effect of other regulations. A. The fact that a use is shown as permitted in any district created by this chapter does not guarantee that a particular land use being sought will be achieved. Land use in the Town is subject to other regulations, including but not limited to Chapter 168, the Town's Subdivision Ordinance; Chapter 149, the Town's Roads, Driveways, Trails, Erosion and Sediment Control and Right-of-Way Construction Ordinance; Chapter 81, Design Regulations; and Chapter 80, Building Construction. B. St. Croix County also administers certain ordinances in the Town, including St. Croix County Chapter 11, Animal Waste; Chapter 12, Sanitary; Chapter 13, Land Division; Chapter 14, Nonmetallic Mining (reclamation standards only); Chapter 16, Shoreland Overlay District; in addition to the Lower St. Croix County Overlay District and the Floodway Overlay District. Article IV Traditional Residential (T-RES) § 170-22 Purpose. The Traditional Residential Zoning District is intended to provide for the orderly continuation of the platted Page 120 of 207 39 area of high-density residential development established and zoned residential by action of St. Croix County prior to the effective date of this chapter, shown on the Town's Zoning Map. Examples would be the hamlets of Houlton and Burkhardt, as well as historic housing along the St. Croix River and surrounding Bass Lake. The Traditional Residential Zoning District is characterized by smaller lots less than three acres, with proximity to employment and amenities to improve livability. XXX-XX Site Plan. Refer to section 170-20 for the procedure for site plan approval of any development in the Traditional Residential Zoning District. § 170-23 Permitted uses. Permitted uses are as follows: A. Accessory structure, including private garages and carports, gazebos, swimming pools, greenhouses, tool sheds, storage sheds, garden sheds, small-scale solar energy systems and play structures incidental to residential use of the property. B. Apiary, beekeeping. C. Community gardens. D. Community living arrangement with capacity for eight or fewer residents. E. Dwelling, single-family, permanently attached to a foundation. F. Essential services. G. Foster home/adult family home. H. Harvesting wild crops. I. Minor home occupations. J. Parks, playgrounds, public swimming pools, tennis courts, hiking trails, biking trails, bridle trails, and picnic grounds and open space, undeveloped natural resource area. K. Poultry raising, excluding male birds, and limited to 10 birds on lots smaller than 2.5 acres and up to 20 birds on lots 2.5 acres or more in size. L. Roadside stand. M. Small group day care for children or adults (up to eight children or adults). § 170-24 Conditional uses. Conditional uses are as follows: A. Bed-and-breakfast. Page 121 of 207 40 B. Boardinghouse. C. Churches. D. Community living arrangement with capacity for more than eight residents, boardinghouse, life care/continuing care service, retirement housing service, skilled-nursing service. E. Dwelling, secondary. F. Dwelling, two-family. G. Electric generating facility, small-scale. H. Governmental, institutional or nonprofit community use. I. Library. J. Major home occupations. See Article XIII K. Mobile support structures and facilities. L. Public safety. M. Residential care services/group home. N. Schools, public and private. O. Solar energy system. P. Temporary residence. Q. Utility, minor. R. Wind energy system. S. Wired and wireless communication/cable/transmission facility. §170-25 Prohibited uses. Uses not listed are prohibited. § 170-26 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 3 acres (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for Page 122 of 207 41 parcels on the bulb of a cul-de-sac). B. Yards (1) A minimum front yard setback of 30 feet from the road right-of-way shall be required. (2) A minimum side yard setback of 10 feet from the lot line shall be required. (3) A minimum rear yard setback of 10 feet from the lot line shall be required. C. Building and Height Area (1) No buildings or parts of a building shall exceed 35 feet in height. Article V Preservation Residential (P-RES) § 170-27 Purpose. The Preservation Residential Zoning District responds specifically to the natural resource areas and corridors. The Preservation Residential areas will be dedicated to conservation use and/or creative subdivision and development techniques that seek to preserve a larger portion of the natural resources. The Preservation Residential Zoning District pattern in this area will include undeveloped land, potentially residential uses and open spaces as defined in Town of St. Joseph Code § 168-20, that preserve natural resource amenities for the entire Town. The overall density of this designation will remain at a minimum of three acres but will allow the development of lots in conjunction with preservation of natural resource areas. This is ideal for those choosing a private and quiet setting among wildlife and natural scenery, with an emphasis on conserving our natural resources and open spaces as governed by Wis. Stats., § 700.40, and Town of St. Joseph Code § 168-20. XXX-XX Site Plan. Refer to section 170-20 for the procedure for site plan approval of any development in the Preservation Residential Zoning District. § 170-28 Permitted uses. Permitted uses are as follows: A. Permitted uses in the residential portion. (1) Accessory structures, including private garages and carports, gazebos, swimming pools, greenhouses, tool sheds, chicken coops, storage sheds, garden sheds, small-scale solar energy systems and play structures incidental to residential use of the property. (2) Crop or forage production, floriculture, sod production, Christmas tree production, and wholesale nursery on five acres or greater. See limitations on animals and animal units section. (3) Apiculture (beekeeping). Page 123 of 207 42 (4) Aquaculture. (5) Community gardens. (6) Community living arrangement (eight or fewer persons). (7) Dwelling, single-family, permanently attached to a foundation. (8) Essential services. (9) Floriculture. (10) Forest management. (11) Foster home/adult family home. (12) Gardening and nurseries for propagation of plants only. (13) Greenhouse or nursery for retail plant sales. (14) Harvesting wild crops. (15) Minor home occupations; see Article XIII. (16) Open space, undeveloped natural resource area. (17) Poultry raising, excluding male birds, and limited to 10 birds on lots smaller than 2.5 acres and up to 20 birds on lots 2.5 acres or more in size. (18) Roadside stands selling only produce from the farm operation on the premises. (19) Sod or Christmas tree production. (20) Small group day care for children or adults (up to eight children or adults). B. Permitted uses in the common open space of the preservation design. (1) Botanical garden or similar center for exhibit and scientific plant study. (2) Essential services: sewage disposal systems, minor utility substations, stormwater management, and any other similar type of use deemed reasonable, appropriate and the same or similar type of uses by the Town Board; in addition to the uses allowed in § 168-18D(1). Parking areas where necessary to serve active recreation. (3) Forest management. (4) Harvesting of any wild crop. (5) Pedestrian corridors: including paved or unpaved contiguous systems not limited to Page 124 of 207 43 established regional trails, local pathways, paved walkways, and shorelines. They include but are not limited to pedestrian, bicycle, and/or equestrian travel. Motorized vehicles shall be prohibited. Construction in these areas shall be limited to gravel or paved pathways, wood fencing, and landscape planting. Pedestrian corridor outlots shall be a minimum of 30 feet in width. (6) Preservation of scenic/historic/scientific/wildlife areas. (7) Recreational areas: includes, but not limited to, greens, squares, commons, playground, ball fields, sport courts, beaches, common buildings, gardens or other recreational areas shall be used for active or passive recreational purposes. Community supported agriculture. Construction in these areas shall be limited to gravel or paved walkways, open-air shelters, birdhouses, bridges, garden storage sheds no larger than 120 square feet, wood fencing, landscape planting, play equipment, outdoor furniture and facilities for active recreation. (8) Signs (subject to Chapter 156 of the Town Code). (9) Wildlife sanctuaries. § 170-29 Conditional uses. Conditional uses shall not adversely impact the rural character of the development and shall be consistent with the design objectives. A. Conditional uses in the residential portion. (1) Bed-and-breakfast establishment as defined in Wis. Stats., § 254.61(1). (2) Churches. (3) Community living arrangement (greater than nine persons). (4) Community solar garden (twenty-plus acres minimum). (5) Dwelling, secondary. (6) Dwelling, two-family. (7) Electric generating facility, small-scale. (8) Farm-related exhibition, sales or event (9) Golf course. (10) Governmental, institutional and nonprofit community use. (11) Irrigation and industrial water supply. Page 125 of 207 44 (12) Kennels, commercial, on five acres or larger. (13) Library. (14) Keeping of livestock less than 200 animal units on twenty-plus acre minimum. (15) Major home occupations; see Article XIII. (16) Mobile support structures and facilities. (17) Parks, playgrounds, public swimming pools, tennis courts, hiking trails, biking trails, bridle trails, and picnic grounds. (18) Public safety. (19) Seasonal storage. (20) Schools, private and public. (21) Solar energy system. (22) Temporary residence. (23) Utility, minor. (24) Wind energy system. (25) Wholesale nursery. B. Conditional uses in the common open space portion of the preservation design. (1) Electric generating facility, small-scale. (2) Filling, draining, or dredging of wetlands. (3) Solar energy system. § 170-30 Prohibited uses. Uses not listed are prohibited. § 170-31 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 1.5 acres (3 acre density) (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for parcels on the bulb of a cul-de-sac). (3) Lots intended to contain a multi-family dwelling shall have a minimum of 6 acres. Page 126 of 207 45 B. Yards (1) A minimum front yard setback of 50 feet from the road right-of-way (100 feet from a collector or sub-collector road) shall be required. (1) A minimum side yard setback of 20 feet from the lot line shall be required. (2) A minimum rear yard setback of 20 feet from the lot line shall be required. C. Building Height and Area (1) No buildings or parts of a building shall exceed 35 feet in height. Article VI Agricultural and Rural Residential (AG-RES) § 170-32 Purpose. In the Agricultural and Rural Residential Zoning District, agricultural and very-low-density residential uses are most prominent. The primary agricultural uses are active farmlands, farmsteads, and large-lot principal dwelling residential. The Agricultural and Rural Residential Zoning District category is characterized by lots that are three acres and larger. This is ideal for family living, recreation, farming, and those desiring space to tinker, play and create. XXX-XX Site Plan. Refer to section 170-20 for the procedure for site plan approval of any development in the Agricultural and Rural Residential Zoning District. § 170-33 Permitted uses. Permitted uses are as follows: A. Parcels 20 acres or larger. (1) Accessory structures, including general farm building (barns, silos, windmills, sheds, chicken coops and storage bins), private garages and carports, gazebos, swimming pools, greenhouses, tool sheds, chicken coops, storage sheds, garden sheds, small-scale solar system and play structures incidental to residential use. (2) Agricultural businesses such as farm machinery dealers and seed, fertilizer and chemical dealers, and industries which process agricultural products largely produced on nearby farms. (3) Apiculture (beekeeping). (4) Aquaculture. (5) Community garden. (6) Community living arrangement (fewer than eight persons). Page 127 of 207 46 (7) Community supported agriculture. (8) Crop, crop/limited agriculture or forage production and orchards. (9) Dwelling, single-family, permanently attached to a foundation. (10) Essential services. (11) Floriculture. (12) Forest management. (13) Foster home/adult family home. (14) Gardening and nurseries for propagation of plants only. (15) Greenhouse or nursery for retail plant sales. (16) Harvesting wild crops. (17) Library. (18) Minor home occupations; see Article XIII. (19) Parks and playgrounds, public swimming pools, tennis courts and picnic grounds, trails and open space. (20) Pick-your-own operations. (21) Poultry raising, limited to 100 birds when the parcel is in a major subdivision. (22) Public safety. (23) Roadside stands selling only produce from the farm operation on the premises. (24) Sod or Christmas tree production. (25) Small group day care for children or adults (up to eight children or adults). (26) Wholesale nurseries. B. Parcels five acres to less than 20 acres. (1) Accessory structures, including general farm building (barns, silos, windmills, sheds, chicken coops and storage bins), private garages and carports, gazebos, swimming pools, greenhouses, tool sheds, chicken coops, storage sheds, garden sheds, small-scale solar system and play structures incidental to residential use. (2) Apiculture (beekeeping). Page 128 of 207 47 (3) Aquaculture. (4) Community garden. (5) Community living arrangement (fewer than eight persons). (6) Community supported agriculture. (7) Crop, crop/limited or forage production including orchards. (8) Dwelling, single-family, permanently attached to a foundation. (9) Essential services. (10) Floriculture. (11) Forest management. (12) Foster home/adult family home. (13) Gardening and nurseries for propagation of plants only. (14) Greenhouse or nursery for retail plant sales. (15) Harvesting wild crops. (16) Library. (17) Minor home occupations; see Article XIII. (18) Parks and playgrounds, trails, public swimming pools, tennis courts and picnic grounds, open space. (19) Pick-your-own operations. (20) Poultry raising, excluding male birds, is limited to 20 birds when the lot or parcel is a major subdivision. Five birds per acre are allowed on lots and parcels not in a major subdivision. (21) Public safety. (22) Roadside stands selling only produce from the farm operation on the premises. (23) Sod or Christmas tree production. (24) Small group day care for children or adults (up to eight children or adults). (25) Wholesale nurseries. Page 129 of 207 48 C. Parcels less than five acres. (1) Accessory structures, including private garages and carports, gazebos, swimming pools, greenhouses, tool sheds, chicken coops, storage sheds, garden sheds, small-scale solar system and play structures incidental to residential use. (2) Apiculture (beekeeping). (3) Community garden. (4) Community living arrangement (up to eight persons). (5) Community supported agriculture. (6) Crop or forage production. (7) Dwelling, single-family, permanently attached to a foundation. (8) Essential services. (9) Floriculture. (10) Forest management. (11) Foster home/adult family home. (12) Gardening and nurseries for propagation of plants only. (13) Greenhouse or nursery for retail plant sales. (14) Harvesting wild crops. (15) Library. (16) Minor home occupations. (17) Parks and playgrounds, trails, public swimming pools, tennis courts and picnic grounds, open space. (18) Poultry raising, excluding male birds, and limited to 10 birds on lots smaller than 2.5 acres and up to 20 birds on lots 2.5 acres or more in size. (19) Public safety. (20) Roadside stands selling only produce from the farm operation on the premises by members of the farm family. (21) Sod or Christmas tree production. Page 130 of 207 49 (22) Small group day care for children or adults (up to eight children or adults). § 170-34 Conditional uses. Conditional uses are as follows: A. Parcels 20 acres or larger. (1) Bed-and-breakfast establishment as defined in Wis. Stats., § 254.61(1). (2) Campground, private. . (3) Churches, religious institutions. (4) Commercial kennel. (5) Community living arrangement with capacity of more than eight persons. (6) Community solar garden. (7) Contractor's storage yard. (a) All equipment and building materials shall be screened from outside view by an opaque fence no less than six feet in height. (b) The storage area shall be no less than 25 feet from any property line. (c) No major repairs of vehicles and/or equipment, nor any manufacturing or processing, shall occur on-site. (8) Dwelling, secondary. (9) Dwelling, two-family. (10) Electric generating facility, small-scale. (11) Farm market or other open-air agribusiness. (12) Farm-related exhibition, sales or event. (13) Golf course and uses incidental to a golf course, including a clubhouse/restaurant facility serving food and beverage. (14) Governmental, institutional, or nonprofit community use. (15) Irrigation and industrial water supply. (16) Livestock facilities of any kind. (17) Keeping of livestock. Page 131 of 207 50 (18) Major home occupations; see Article XIII. (19) Mobile support structures and facilities. (20) School, public or private. (21) Seasonal storage. (22) Solar energy system. (23) Temporary nonmetallic mining. (24) Temporary residence. (25) Utility, minor. (26) Wind energy system. (27) Wired and wireless communication/cable/transmission facility. B. Parcels five acres to less than 20 acres. (1) Agricultural products processing. (2) Bed-and-breakfast establishment as defined in Wis. Stats., § 254.61(1). (3) Campground, private. (4) Churches, religious institutions. (5) Commercial kennel. (6) Community living arrangement with capacity of more than eight persons. (7) Contractor's storage yard. (a) All equipment and building materials shall be screened from outside view by an opaque fence no less than six feet in height. (b) The storage area shall be kept free of litter and debris at all times. (c) All storage areas shall be no less than 25 feet from any property line. (d) No major repairs of vehicles and/or equipment, nor any manufacturing or processing, shall occur on-site. (8) Dwelling, secondary. (9) Dwelling, two-family. Page 132 of 207 51 (10) Electric generating facility, small-scale. (11) Farm-related exhibition, sales or event. (12) Government, institutional or nonprofit community use. (13) Livestock facility of any kind. (14) Keeping of livestock. (15) Major home occupations; see Article XIII. (16) Mobile support structures and facilities. (17) Schools, private and public. (18) Solar energy system. (19) Temporary residence. (20) Utility, minor. (21) Wind energy system. (22) Wired and wireless communication and transmission facility. C. Parcels less than five acres. (1) Bed-and-breakfast establishment as defined in Wis. Stats., § 254.61(1). (2) Churches/religious. (3) Community living arrangement with capacity of more than eight persons. (4) Contractor’s storage yard (a) All equipment and building materials shall be screened from outside view by an opaque fence no less than six feet in height. (b) The storage area shall be no less than 25 feet from any property line. (c) No major repairs of vehicles and/or equipment, nor any manufacturing or processing shall occur on site. (5) Dwelling, secondary. (6) Dwelling, two-family. (7) Electric generating facility, small-scale. Page 133 of 207 52 (8) Farm-related exhibition, sales or event (five days or more). (9) Governmental, institutional or nonprofit community use. (10) Keeping of livestock. (11) Livestock facility of any kind. (12) Major home occupations; see Article XIII. (13) Mobile support structures and facilities. (14) Schools, public and private. (15) Solar energy system. (16) Temporary residence. (17) Utility, minor. (18) Wind energy system. (19) Wholesale Nursery § 170-35 Prohibited uses. Uses not listed are prohibited. § 170-36 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 3 acres (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for parcels on the bulb of a cul-de-sac). B. Yards (1) A minimum front yard setback of 75 feet from the road right-of-way (100 feet from a collector or sub-collector road) shall be required. (2) A minimum side yard setback of 20 feet from the lot line shall be required. (3) A minimum rear yard setback of 20 feet from the lot line shall be required. C. Building Height and Area (1) No buildings or parts of a building shall exceed 35 feet in height; except that windmills may be up to 50 feet, and silos up to 85 feet. Article VII Page 134 of 207 53 Conservancy District § 170-37 Purpose. A. The Conservancy District is established to preserve and perpetuate the open state of certain areas such as lowland swamps, marshes and wetlands, floodplains and stream beds, slopes, bluffs, wooded areas, native or restored prairie, parks, passive recreation areas, wildlife habitat and other areas of ecological, scenic or recreational value which, because of their unique physical features or location, are deemed desirable to be retained for the benefit of this and future generations. B. The Conservancy District is intended to be limited by structural development in order to preserve the natural character of the land and for its value to wildlife, water conservation, flood control, forestry and other purposes of this district that are appropriate to the physical characteristics of the land. C. Regulations of the Conservancy District are intended not only to preserve and perpetuate open space land and water areas consistent with the intent and purpose of this chapter, but also to protect the community and Town from costs and consequences which may be incurred when unsuitable development occurs in such areas. XXX-XX Site Plan. Refer to section 170-20 for the procedure for site plan approval of any development in the Conservancy Zoning District. § 170-38 Permitted uses. Permitted uses are as follows: A. Open space. B. Public parks, picnic areas and passive recreational uses. C. Botanical garden or similar outdoor exhibits and scientific plant study. D. Interpretive and/or research center for historical, natural or social sciences. E. Essential services. § 170-39 Conditional uses. Conditional uses are as follows: A. Mobile support structures and facilities. B. Public Safety. C. Solar energy system. Page 135 of 207 54 D. Wind energy system. E. Campground, Public §170-40 Prohibited uses. Uses not listed are prohibited. § 170-41 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 3 acres (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for parcels on the bulb of a cul-de-sac). B. Yards (1) A minimum front yard setback of 75 feet from the road right-of-way (100 feet from a collector or sub-collector road) shall be required. (2) A minimum side yard setback of 20 feet from the lot line shall be required. (3) A minimum rear yard setback of 20 feet from the lot line shall be required. C. Building Height and Area (1) No buildings or parts of a building shall exceed 35 feet in height. (2) Minimum natural area is 65% (3) Maximum impervious surface is 10% D. Structural Limitations (1) Accessory uses or structures incidental and subordinate in area, extent and purpose to the principal land conservation use. (a) Signs as permitted in Chapter 156. (b) Roads and parking to serve on-site uses. (2) Building coverage, maximum: 5,500 square feet. § 170-42 Inclusions. A. Conservation is permitted within all districts. B. Property owners may rezone into the Conservancy District with approval of a petition for amendment to the Chapter 170 Zoning Map. C. This Conservancy District is not the conservation easement program nor limited to open space designations under Town of St. Joseph Chapter 168. Article VIII Page 136 of 207 55 Business Districts § 170-43 Purpose. A. The purpose of the business districts is to implement certain objectives of the Town's Comprehensive Plan, which designates planned locations and desirable characteristics of future business development. Area generally shown for future commercial and industrial development in the Town's Comprehensive Plan is more specifically designated on the Town's Zoning Map as Houlton Town Center Mixed Use, Rural Mixed Use, and Business Park. The Traditional Commercial District includes areas which were zoned commercial prior to the adoption of this chapter and which may not be conducive to future business development. B. The design standards and requirements set out in this article apply to all business districts unless more specific requirements are set forth elsewhere in this chapter. § 170-44 Uses in business districts. Uses in each category of commercial district are either permitted, conditionally permitted or not allowed. See Zoning Ordinance text and Zoning Use Table. § 170-45 Reserved for Future Use. § 170-46 General standards. The following standards shall apply to all business uses, whether permitted or permitted with a conditional use permit: A. Building construction specified in Chapter 80 of the Town of St. Joseph Code. B. Design regulation specified in Chapter 81 of the Town of St. Joseph Code. C. Roads, driveways, trails, erosion and sediment control and right-of-way constructions specified in Chapter 149 of the Town of St. Joseph Code. D. Signs specified in Chapter 156 of the Town of St. Joseph Code. E. Franchise architecture shall not be allowed. F. Formula businesses shall not be allowed. § 170-47 Traffic and parking standards. A. Loading. All business district development proposals shall contain a traffic plan with detailed landscaping, off-street parking layout, bicycle parking locations, drainage provisions and driveway locations. The following standards shall apply: (1) Provision. Space for off-street unloading of vehicles with access to a public street or other public way shall be provided so that streets and sidewalks are free and unobstructed for vehicular and pedestrian traffic. (2) Quantity. The Parking Table provides the parking spaces required. Any use not specifically named shall be assigned to the most appropriate classification as provided in Page 137 of 207 56 Zoning Use Table. If an appropriate classification is not apparent, the Zoning Administrator may consult the most current version of the Parking Generation Manual by the Institute of Transportation Engineers (ITE). One loading space minimum is required for every 2,500 square feet of gross floor area of the building served. Establishments offering curb service to customers who remain in their vehicles shall provide at least five off-street parking spaces for each person employed to serve such customers. [Parking table below]See the following tables. Page 138 of 207 57 Page 139 of 207 58 Page 140 of 207 59 Page 141 of 207 60 Page 142 of 207 61 Page 143 of 207 62 Page 144 of 207 63 Page 145 of 207 64 (3) Location. Off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street. (4) Design. Each off-street loading space shall have a width of at least 12 feet, a length of at least 40 feet, and a vertical clearance of at least 15 feet. All loading berths shall be completely screened from residential properties by building walls or a uniformly painted solid fence, wall or door, or any combination thereof, not less than eight feet in height. (5) Surfacing. All open-street loading berths shall be improved with a compacted gravel base not less than seven inches thick, surfaced with not less than three inches of asphalt or treated with some comparable all-weather material providing a hard, durable, dustless surface. Unless impractical and waived by the Town Engineer, all such areas shall be graded and drained to a point or points within the private lot such that no runoff shall exit the property into the public street. (6) Repair and surface. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any loading facilities that may be provided in any residential district. (7) Utilization. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any loading facilities that may be provided in any residential district. B. Parking. In connection with every use, and provided at the time any use or building is erected, enlarged, extended, or increased, off-street parking stalls are required for all vehicles in accordance with the following: (1) Access. Adequate driveway access to a public street shall be provided for each parking space. Aisles providing access to stalls shall be not less than 24 feet wide. (2) Location. Parking locations are to be on the same lot as the principal use. No parking stall or driveway shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district, except in residential districts. (3) Size. The size of each parking space shall have a stall width of at least 10 feet, a stall length of at least 20 feet and vertical clearance of at least 6 1/2 feet. (4) Delineation. Any off-street parking area under this section for five or more vehicles shall have the aisles and spaces clearly marked. Curbs or barriers shall be installed in parking lots that prevent the parked vehicles from extending over any adjoining lot line. (5) Grading. All parking spaces shall be graded and drained so as to prevent the accumulation of surface water. (6) Surfacing. All open off-street parking areas shall be surfaced with a dustless all- weather material or other appropriate impermeable surface material capable of carrying a Page 146 of 207 65 wheel load of 4,000 pounds (normally, a three-inch blacktop on a compacted gravel base of not less than seven inches, or five inches of Portland cement, will meet this requirement). (7) Design. Irregular or other creative parking layout designs may be required to prevent or minimize the undesirable appearance of large undifferentiated spaces. (8) Setbacks. No part of a special purpose off-street parking facility shall extend closer to a street than 1/2 of the setback that would be required for a building on the premises. No part of a special purpose off-street parking facility shall encroach into setback areas. Screen plantings, decorative fences, walls or combination thereof shall be provided in setback area to protect and buffer adjacent properties. (9) Handicapped parking requirements. The provisions of Wis. Stats., §§ 101.13, 346.503 and 346.56, and any Wisconsin Administrative Code sections adopted pursuant thereto are hereby adopted by reference and made applicable to all parking facilities constructed in the Town. C. Adjustments to required parking. (1) Purpose. The purpose of this subsection is to allow adjustments to the minimum number of parking spaces required to avoid constructing unneeded and excessive off-street parking facilities. Reducing the amount of excess off-street parking facilities is intended to provide for more cost-efficient site development, to eliminate constructing more impervious surface than necessary, to minimize stormwater runoff, to avoid construction of unnecessarily large stormwater management facilities, and to provide more landscape areas and open space on commercial and light industrial sites. To achieve these purposes, the Plan Commission may reduce the number of required off-street parking spaces in specific cases as described in this subsection. (2) Adjustments. In all districts, the minimum number of required parking spaces may be adjusted by the Town Board, upon recommendation from the Plan Commission, on an individual basis. The petitioner for such an adjustment shall show to the satisfaction of the Plan Commission that adequate parking will be provided for customers, clients, visitors, and employees. The following provisions and factors shall be used as a basis to adjust parking requirements: (a) Evidence that actual parking demands will be less than Zoning Code requirements. The petitioner shall submit written documentation and data to the satisfaction of the Plan Commission that the operation will require less parking than the Zoning Code requires. (b) Availability of shared parking. The petitioner shall submit written documentation to the satisfaction of the Plan Commission that off-site shared parking spaces are available to satisfy the parking demand. When the reduction of parking spaces attributable to shared parking is requested, the Petitioner shall submit written verification that such parking is available and shall include copies of any contracts, Page 147 of 207 66 joint lease agreements, purchase agreements, and other such documentation to show that such shared parking can be accomplished. The Town Attorney shall provide an opinion designating the method by which the required shared parking shall be provided. The off-site shared parking spaces shall be clearly posted for the joint use of employees and/or tenants or customers of each respective use those spaces serve. (c)Use of off-street parking for visitors. Available nearby on-street parking may be counted toward visitor parking needs. This may only be allowed when on-street parking spaces are within 250 feet of the entrance they are intended to serve. (d)Use of alternative transportation. Upon demonstration to the Plan Commission that effective alternative transportation to the automobile will occur, the Plan Commission may reduce parking requirements. Alternative transportation may include, but is not limited to, bus transit, van pool operations, car pool/ride sharing and bicycles. Parking management plans/operations may also be used as a basis to reduce required parking. Parking management plans may include, but are not limited to, flexible working hours or shifts, preferential parking for car pools/van pools, transit/van pool fare subsidy, imposition of a charge for parking, and establishment of a transportation coordinator to implement car pool, van pool, and transit programs. Proposals for adjustments of parking requirements under this subsection shall show how the alternative transportation modes will be implemented, the permanency of such modes, extent of the program, the number of vehicles the mode will replace, and other pertinent information. (3) Space to be set aside for reduced parking. The site plan for the commercial or light industrial use shall be designed to provide sufficient open space on the subject site to accommodate the additional parking spaces otherwise required by this section. Such open space shall be in addition to required yards, setbacks, driveways, private streets, loading, and service areas. Sufficient open space shall be provided which, if converted to parking spaces, would provide off-street parking to meet the full requirements of this section at the time of application. Article IX Traditional Commercial (TR-COM) § 170-48 Purpose. The purpose of the Traditional Commercial Zoning District is to provide for the orderly continuation of existing commercial activity in the Town. The intent of this district is to include only those areas of the Town that were zoned commercial prior to the effective date of this chapter, and to accommodate the continuation of commercial activities zoned as such and operating in the Town on the effective date of this chapter. XXX-XX Site Plan. Page 148 of 207 67 Refer to section 170-20 for the procedure for site plan approval of any development in the Traditional Commercial Zoning District. § 170-49 Permitted uses. Permitted uses are as follows: A. Greenhouse. B. Office, business or professional. C. Parks, trails and open space. D. School (public or private). E. Small group day care for children or adults. F. Essential services. G. Public Safety. § 170-50 Conditional uses. Conditional uses are as follows: A. Adult establishment when complies with Chapter 153 of the Town Code, regulating sexually oriented businesses. B. Artisan workshop. C. Automotive service, repair and towing when the following apply: (1) Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times. (2) Unlicensed, untitled vehicles shall not be permitted on the site at any time. No body or chassis shall be stored on the site at any time. (3) All parts, including body parts, shall be stored within a completely enclosed structure. (4) The lot shall front on an arterial or collector street. (5) Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids. (6) There must be a separator within the drainage system if cleaning agents are being rinsed off of vehicles for all washing/rinsing. (7) There shall be no selling of vehicles. Page 149 of 207 68 (8) The area around the building shall be kept free of debris and shall be maintained in an orderly and clean condition. D. Contractor sales and service. E. Contractor storage yard when the following apply: (1) All equipment and building materials shall be screened from outside view by an opaque fence no less than six feet in height. (2) The storage area shall be kept free of litter and debris at all times. (3) All storage areas shall be no less than 25 feet from any property line. (4) No major repairs of vehicles and/or equipment, nor any manufacturing or processing, shall occur on-site. F. Convenience store, with or without gasoline sales. G. Dealerships (off-road, watercraft and implements) when the following apply: (1) Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times. (2) Unlicensed, untitled vehicles shall not be permitted on the site at any time. (3) All parts, including body parts, shall be stored within a completely enclosed structure. (4) The lot shall front on an arterial or collector street. (5) Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids. (6) There must be a separator within the drainage system if cleaning agents are being rinsed off of vehicles for all washing/rinsing. (7) The area around the building shall be kept free of debris and shall be maintained in an orderly and clean condition. H. Dental clinic. I. Drive-in theater. . J. Greenhouse or nursery for retail plant sales K. Innovation workspace. Page 150 of 207 69 L. Landscape supply or contracting business (plant or tree nursery). M. Liquor store. N. Maintenance and repair of goods and equipment. O. Mobile support structures and facilities. P. Propane storage and distribution. Q. Residential care services/group home. R. Seasonal storage. S. Self-storage facility. T. Solar energy system. U. Tavern, cafe or restaurant. V. Wind energy system. W. Wired and wireless communication/cable/transmission facility. §170-51 Prohibited uses. Uses not listed are prohibited. § 170-52 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 3 acres (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for parcels on the bulb of a cul-de-sac). B. Yards (1) A minimum front yard setback of 75 feet from the road right-of-way (100 feet from a collector or sub-collector road) shall be required. (2) A minimum side yard setback of 20 feet from the lot line shall be required. (3) A minimum rear yard setback of 20 feet from the lot line shall be required. C. Building Height and Area (1) No buildings or parts of a building shall exceed 35 feet in height. Article X Town Center Commercial (TC-COM) § 170-53 Purpose. A. The purpose of the Town Center Commercial Zoning District is to implement specific objectives of the Town's Comprehensive Plan, which designates development of a Town Center that Page 151 of 207 70 preserves and enhances the small-town, quaint atmosphere the Town values. B. The Town Center Commercial Zoning District is to locate a balanced and harmonious mix of housing, work spaces, civic facilities, service businesses and shops to meet consumer demands for goods and services, with an emphasis on serving the surrounding neighborhood. C. The Town Center Commercial Zoning District is intended to facilitate a sense of place and offer residents a sense of community with the Town center. A Town center is characterized by smaller shops and commercial development with safe and convenient mobility of pedestrians. Preferred uses are those of a retail or personal services nature which do not necessarily require large spaces for the display or sale of goods or services and which do not require immediate access to the site by motorized vehicles. D. Town Center Commercial Zoning District business uses are compatible with the surrounding residential uses and conservation areas. Development is high quality, attractive and appropriate to the allowed uses. Preferred development expands and enhances connection to the wider community via bicycle trails and greenway networks. XXX-XX Site Plan. Refer to section 170-20 for the procedure for site plan approval of any development in the Town Center Commercial Zoning District. § 170-54 Permitted uses. Permitted uses are as follows: A. Artisan furniture or clothing and similar retail shop. B. Community garden. C. Dwelling, single-family, attached to a permanent foundation. D. Dwelling, two-family. E. Essential services. F. Financial or investment institution. G. Greenhouse. H. Home health care service office. Page 152 of 207 71 I. Notion, variety or gift shop. (1) The following uses are considered to be appropriate within the zoning district. This list is intended to be indicative and not inclusive: antiques and furniture sales; apparel; art gallery and/or frame shop; bicycle sales, lease and service; books and music; cards, stationery and party supplies; computer sales and supply; florist, plant or gift store; hardware store without outdoor display or storage; hobby or craft store; jewelry and engraving; photographic studio; camera sales and service; sporting goods. J. Office, business or professional. K. Parks, trails and open space. L. School (public or private). M. Small group day care for children or adults. N. Solar energy system, small-scale. § 170-55 Conditional uses. Conditional uses are as follows: A. Artisan workshop. B. Athletic fields or sports courts when the following apply: (1) No commercial recreational use shall be located within 300 feet of existing residential development. (2) No building, trailer, vehicle, or mechanical equipment supporting the use shall be located within 50 feet of any property line. (3) Accessory uses permitted shall be limited to a clubhouse, refreshment stands, maintenance shed, a miniature golf course, and a pro shop. C. Bakery or deli. D. Barber, salon, day spa or beauty shop. E. Bed-and-breakfast. F. Boardinghouse. G. Churches/religious institution. H. Club, lodge or meeting hall. I. Community center. Page 153 of 207 72 J. Contractor sales and service. K. Dance school, fitness center or similar indoor recreation facility. L. Dental clinic. M. Drugstore/pharmacy. N. Dwelling, multiple. O. Garden center. P. Grocer or food cooperative. Q. Hardware supply store. R. Innovation workspace. S. Interpretive and/or research center for historical, natural or social sciences. T. Laundromat. U. Library. V. Liquor store. W. Live-work units when the following apply: (1) A minimum of 80% of a structure's street front facade at street level shall be occupied by nonresidential uses. (2) Live/work units that exceed 2,000 square feet must have at least two exits. (3) Within each live-work unit, the living area shall not exceed 1/2 of the total floor area of the unit. (4) At least one resident in each live-work unit shall maintain a valid business license and zoning permit for a business on the premises. X. Maintenance and repair of goods and equipment. Y. Medical clinic. Z. Mobile support structures and facilities. AA. Museum, gallery or similar cultural center. BB. Optical sales. Page 154 of 207 73 CC. Preschool. DD. Public Safety EE. Reception, meeting or community events center. FF. Recreation outfitter. GG. Single screen theater, movie or performing arts stage. HH. Solar energy system. II. Tavern, cafe or restaurant. JJ. Veterinary clinic for domestic animals. KK. Wind energy system. §170-56 Prohibited uses. Uses not listed are prohibited. § 170-57 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 1/2 acres (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for parcels on the bulb of a cul-de-sac). B. Yards (1) A minimum front yard setback of 75 feet from the road right-of-way (100 feet from a collector or sub-collector road) shall be required. (2) A minimum side yard setback of 20 feet from the lot line shall be required. (3) A minimum rear yard setback of 20 feet from the lot line shall be required. C. Building Height and Area (1) No buildings or parts of a building shall exceed 35 feet in height. D. Maximum Building Coverage. (1) The maximum building coverage is 2500 square feet or 10% of the lot size, whichever is greater. Article XI Rural Mixed Use (RM-COM) § 170-58 Purpose. A. The purpose of the Rural Mixed Use Zoning District is to implement specific objectives of the Town's Comprehensive Plan, which designates mixed use development in certain Town neighborhoods and in a manner that enhances and maintains the natural and rural qualities of the community. Page 155 of 207 74 B. The Rural Mixed Use Zoning District locates family-friendly housing, work spaces, civic facilities, service businesses and shops to provide residents with convenient access to job opportunities, goods and services, with an emphasis on serving the surrounding neighborhood. C. The Rural Mixed Use Zoning District uses are compatible with the surrounding residential uses, youth recreation, and conservation areas. Development is high quality, attractive and appropriate to the allowed uses. Preferred development expands connection to the wider community via bicycle trails and greenway networks. XXX-XX Site Plan. Refer to section 170-20 for the procedure for site plan approval of any development in the Rural Mixed Use Zoning District. § 170-59 Permitted uses. Permitted uses are as follows: A. Artisan furniture or clothing and similar retail sales. B. Barber, salon, day spa or beauty parlor. C. Community center. D. Community garden. E. Community supported agriculture (CSA food farm). F. Dwelling, single-family. G. Dwelling, two-family. H. Dwelling, secondary. I. Essential services. J. Garden center. K. Greenhouse. L. Hardware supply store. M. Home health care service office. N. Library. Page 156 of 207 75 M. Minor home occupation. O. Notion, variety or gift shop. P. Office, business or professional. Q. Parks, trails and open space. R. Postal service. S. School (public or private). T. Small group day care for children or adults. U. Solar energy, small-scale. § 170-60 Conditional uses. Conditional uses are as follows: A. Artisan workshop. B. Athletic fields and sport courts when the following apply: (1) No commercial recreational use shall be located within 300 feet of existing residential development. (2) No building, trailer, vehicle, or mechanical equipment supporting the use shall be located within 50 feet of any property line. (3) Accessory uses permitted shall be limited to a clubhouse, refreshment stands, maintenance shed, a miniature golf course, and a pro shop. C. Automotive service, repair and towing when the following apply: (1) Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times. (2) Unlicensed, untitled vehicles shall not be permitted on the site at any time. No body or chassis shall be stored on the site at any time. (3) All parts, including body parts, shall be stored within a completely enclosed structure. (4) The lot shall front on an arterial or collector street. (5) Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids. (6) There must be a separator within the drainage system if cleaning agents are being rinsed off of vehicles for all washing/rinsing. Page 157 of 207 76 (7) There shall be no selling of vehicles. (8) The area around the building shall be kept free of debris and shall be maintained in an orderly and clean condition. D. Bakery or deli. E. Bed-and-breakfast. F. Boardinghouse. G. Car wash. H. Churches/religious institution. I. Club, lodge or meeting hall. J. Contractor sales and service. K. Contractor storage yard when the following apply: (1) All equipment and building materials shall be screened from outside view by an opaque fence no less than six feet in height. (2) The storage area shall be kept free of litter and debris at all times. (3) All storage areas shall be no less than 25 feet from any property line. (4) No major repairs of vehicles and/or equipment, nor any manufacturing or processing, shall occur on-site. L. Convenience store, with or without gasoline sales. M. Dance school, fitness center and other similar indoor recreation facility. N. Dental clinic. O. Drugstore. P. Dwelling, multiple. Q. Funeral home. R. Greenhouse or nursery for retail plant sales. S. Grocer or food cooperative. T. Innovation workspace. Page 158 of 207 77 U. Interpretive and/or research center for historical, natural or social sciences. V. Laundromat. W. Liquor store. X. Live-work units when the following apply: (1) A minimum of 80% of a structure's street front facade at street level shall be occupied by nonresidential uses. (2) Live/work units that exceed 2,000 square feet must have at least two exits. (3) Within each live-work unit, the living area shall not exceed 1/2 of the total floor area of the unit. (4) At least one resident in each live-work unit shall maintain a valid business license and zoning permit for a business on the premises. Y. Maintenance and repair of goods and equipment. Z. Major home occupation. AA. Medical clinic. BB. Mobile home park. CC. Mobile support structures and facilities. DD. Museum, gallery or similar cultural center. EE. Optical sales. FF. Preschool. GG. Public Safety. HH. Recreation outfitter. II. Residential care services/group home. JJ. Single screen theater, movie or performing arts stage. KK. Solar energy system. LL. Tavern, cafe or restaurant. MM. Veterinary clinic for domestic animals. Page 159 of 207 78 NN. Wind energy system. §170-61 Prohibited uses. Uses not listed are prohibited. § 170-62 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 1/2 acre (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for parcels on the bulb of a cul-de-sac). B. Yards (1) A minimum front yard setback of 75 feet from the road right-of-way (100 feet from a collector or sub-collector road) shall be required. (2) A minimum side yard setback of 20 feet from the lot line shall be required. (3) A minimum rear yard setback of 20 feet from the lot line shall be required. C. Building Height and Area (1) No buildings or parts of a building shall exceed 35 feet in height. D. Maximum Building Coverage (1) The maximum building coverage is 4000 square feet or 10% of the lot size, whichever is greater. Article XII Business Park (COM-I) § 170-63 Purpose. A. The purpose of the Business Park Zoning District is to implement specific objectives of the Town's Comprehensive Plan, which designates land for future commercial and light industrial development and in a manner that enhances and maintains the natural and rural qualities of the community. B. The Business Park Zoning District is to accommodate the commercial and light industrial needs of the community with a balanced, harmonious and family-friendly mix of work spaces, shops, service businesses, civic facilities, parks, dining and entertainment establishments, with an emphasis on providing diversity to the local and regional economies. The most appropriate light industrial businesses will be those that contribute to the rural atmosphere with walkable and bik able access adjacent to the Loop Trail. C. The Business Park Zoning District is intended to provide a commercial and light industrial business atmosphere that is distinct, in comparison to those located in nearby communities, and favorably contributes to the image and character of the community. The district is located with high visibility on arterial roads to accommodate traffic between communities and activity centers. The businesses' freight traffic should be light enough not to detract from the enjoyable experience for neighboring residents, pedestrians and cyclists. Businesses with low product turnover, technology offices, corporate/business offices and meeting spaces are ideal for the Business Park Zoning District. Page 160 of 207 79 D. The Business Park Zoning District is intended to further the livelihood of businesses in the zoning district by facilitating collective and complementary activity with adjacent uses. Preferred uses will support the community and local assets by sourcing products and human resources locally, providing innovative or unique products and services, and fostering certain creative, conservation, recreational, educational or cultural benefits to further enrich the community. E. The Business Park Zoning District is located with the intention to protect adjacent uses from incompatibility. To locate in the Business Park Zoning District, a business must not produce any loud noises, vibration, noxious fumes, or other hazardous by-products. The use of heavy drop hammers, punch presses, or other machinery or processing methods creating excessive noise or vibration is prohibited in this district. Preferred uses will provide low-impact, quiet, slow-paced commerce and light industry. XXX-XX Site Plan. Refer to section 170-20 for the procedure for site plan approval of any development in the Business Park Zoning District. § 170-64 Permitted uses. Permitted uses are as follows: A. Aquaculture. B. Artisan furniture or clothing and similar retail sales. C. Artisan workshop. D. Bakery or deli. E. Barber, salon, day spa or beauty shop. F. Beekeeping. G. Botanical garden or similar outdoor exhibits and scientific study. H. Building construction services. I. Cabinetry, cabinet making and counter. J. Child-care center. K. Churches/religious institutions. L. Club, lodge or meeting hall. Page 161 of 207 80 M. Community center. N. Community garden. O. Community supported agriculture (CSA food farm). P. Contractor sales and service. Q. Convenience store, with or without gasoline sales. R. Courier and messenger service. S. Cut and sew apparel manufacturing. T. Dance school, fitness center, or similar indoor recreation facility. U. Dental clinic. V. Drugstore, pharmacy. W. Essential services. X. Financial or investment institution. Y. Floriculture. Z. Game arcade. AA. Garden center. BB. Governmental, institutional and nonprofit. CC. Greenhouse. DD. Greenhouse or nursery for retail plant sales EE. Grocer or food cooperative. FF. Group day care for children and adults. GG. Hardware supply store with indoor storage. HH. Home health care services offices. II. Innovation workspace. JJ. Landscape supply and contracting business (plant or tree nursery). KK. Library. Page 162 of 207 81 LL. Liquor store. MM. Museum, gallery or similar cultural center. NN. Notion, variety or gift shop. OO. Office supply, printing, photocopy and packaging and similar services. PP. Office, business or professional. QQ. Optical sales. RR. Parks, trails and open space. SS. Postal service. TT. Preschool. UU. Public safety. VV. Reception, meeting or community events center. WW. Sales of processed or preserved agricultural products and produce. XX. School (public or private). YY. Small group day care for children or adults. ZZ. Tavern, cafe or restaurant. AAA. Technical or trade school. BBB. Technology, software and computer services. CCC. Utility, minor. DDD. Veterinary clinic for domestic animals. EEE. Wholesale nursery. § 170-65 Conditional uses. Conditional uses are as follows: A. Any building over 5,500 square feet. B. Ag business. C. Athletic fields and sport courts. D. Automotive parts, accessories and tire stores. Page 163 of 207 82 E. Automotive service repair and towing when the following apply: (1) Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times. (2) Unlicensed, untitled vehicles shall not be permitted on the site at any time. No body or chassis shall be stored on the site at any time. (3) All parts, including body parts, shall be stored within a completely enclosed structure. (4) The lot shall front on an arterial or collector street. (5) Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids. (6) There must be a separator within the drainage system if cleaning agents are being rinsed off of vehicles for all washing/rinsing. (7) There shall be no selling of vehicles. (8) The area around the building shall be kept free of debris and shall be maintained in an orderly and clean condition. F. Car wash. G. Child and youth services. H. Dealerships (off-road, watercraft, and implements) when the following apply: (1) Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times. (2) Unlicensed, untitled vehicles shall not be permitted on the site at any time. (3) All parts, including body parts, shall be stored within a completely enclosed structure. (4) The lot shall front on an arterial or collector street. (5) Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids. (6) There must be a separator within the drainage system if cleaning agents are being rinsed off of vehicles for all washing/rinsing. (7) The area around the building shall be kept free of debris and shall be maintained in an orderly and clean condition. I. Elderly and disabled services. Page 164 of 207 83 J. Family services (food, emergency, etc.). K. Fruit and vegetable preserving and specialty food manufacturing/packaging with the exception of animals. L. Industry, light. M. Interpretive and/or research center for historical, natural or social sciences. N. Irrigation and industrial water supply. O. Laundromat. P. Maintenance and repair of goods and equipment. Q. Medical clinic. R. Microbrewery, or distillery with tap/tasting room. S. Mobile support structures and facilities. T. Recreation outfitter. U. Renewable energy production equipment, distribution and sales (wind, solar, geothermal). V. Single screen theater, movie or performing arts. W. Solar energy system. X. Specialty beverage tasting room with retail sales. Y. Wind energy system. Z. Winery. AA. Wired and wireless communication/cable/transmission facility. §170-66 Prohibited uses. Uses not listed are prohibited. § 170-67 Lot and structure requirements. A. Lot Area and Width. (1) Lots shall have a minimum of 3 acres (2) Lots shall not be less than 66 feet in width at the front yard setback line (or 33 feet for parcels on the bulb of a cul-de-sac). B. Yards (1) A minimum front yard setback of 75 feet from the road right-of-way (100 feet from a Page 165 of 207 84 collector or sub-collector road) shall be required. (2) A minimum side yard setback of 50 feet from the lot line for a principal building, or 20 feet for an accessory structure, shall be required. (3) A minimum rear yard setback of 50 feet from the lot line for a principal building, or 20 feet for an accessory structure, shall be required. C. Building Height and Area (1) No buildings or parts of a building shall exceed 35 feet in height. D. Maximum Building coverage. (1) The maximum building coverage without a conditional use permit is 5500 square feet or 20% of the lot size, whichever is greater. § 170-68 Impact review. Development in the Business District is subject to the following: A. Specifications to submit for review. (1) All plans as defined in Chapter 81, Design Regulations. (2) Designated active and passive open space. (3) Utility systems and locations. (4) Refuse and recycling collection, storage and removal plans. (5) Driveway and parking measurements. (6) Surface materials. (7) Landscaping maintenance and treatment plans. B. Review criteria. (1) Conformance with the applicable provisions of the district, its theme and intent. (2) Conformance with the applicable provisions of this section. (3) Compatibility of the proposed development with adjacent and nearby uses. (4) Conformance with the Town's design regulations, Chapter 81. (5) Availability and capacity, both on- and off-site, of public or private utilities and services including water, sanitary sewer, drainage, specific refuse and recycling services, streets, sidewalks, traffic control, fire protection, and police protection. (6) Provision for anticipated traffic and impact to existing conditions, including weights, Page 166 of 207 85 visibility, parking, circulation and access. (7) Adequate development valuation or direct contribution to support necessary public safety services. and wider community. C. Specific requirements. (1) Strict conformance with the performance criteria as defined in Article XVI. (2) The use of heavy drop hammers, punch presses, or other machinery or processing methods creating excessive noise, vibration or hazardous by-products is prohibited in this district. Article XIII Home Occupations § 170-69 Purpose. A. The purpose of this article is to: (1) Protect residential and agricultural areas from adverse impacts of activities associated with home occupations; (2) Permit residents of the community an opportunity to conduct a business at their place of residence; and (3) Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in the residential and agricultural districts. B. Types of restricted occupational uses within the residential and agricultural districts which: (1) Are incidental to the use of the premises as a residence or a farm. (2) Are compatible with residential or agricultural uses. (3) Are limited in extent. (4) Do not detract from the residential or agricultural character of the neighborhood. § 170-70 Applicability and definition. This article applies to any home occupation. Home occupations are divided into minor, major, and nonconforming home occupations. § 170-71 General standards. A. The following standards apply to all home occupations: (1) The person principally responsible for the home occupation must reside at the location Page 167 of 207 86 of the proposed home occupation. (2) All home occupations shall be clearly incidental and secondary to the use of a dwelling or accessory structure for residential or agricultural purposes, and the appearance of the structure shall not be altered or the occupation within the dwelling or accessory structure be conducted in such a manner which would cause the premises to differ from its residential or agricultural character by either the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, odors or vibrations. In no case shall any home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m. B. Storage. (1) Exterior storage of business equipment, merchandise, inventory, vehicles or heavy equipment directly related to the business to be orderly and reviewed and approved by the Plan Commission and Town Board. (2) Materials, including organic materials such as rock or plants, may be stored within the permitted home occupation area outside of an enclosed structure and approved by the Plan Commission and Town Board. (3) Any permitted exterior storage of materials shall have a natural screening to create a pleasant transition with the storage area and that of the roadway or neighboring residence. C. Home occupations shall not produce objectionable odors, vibrations, glare, fumes or electrical interference detectable beyond the lot line of the parcel on which the home occupation is located. D. Home occupations shall not illegally discharge any materials, fluids or gases into an on-site waste disposal system nor discharge such items in violation of any applicable government. E. Sales are conducted on the owner's property with products produced on-site. Multiple-family sales are permitted if they are held on the property of one of the participants. F. Sign(s) conform with the applicable sign ordinance. G. All previously permitted home occupations which are now deemed nonconforming home occupations by this article shall be allowed to continue operating, provided that the user/permit holder adheres to the requirements set forth in this article or until the use is abandoned by the user/permit holder. § 170-72 Minor home occupations. A. A home occupation is considered a minor home occupation that is allowed without permit or hearing if it conforms to all of the following: (1) Minor home occupations shall not be conducted in any building on the premises other than the principal dwelling. Page 168 of 207 87 (2) No more than two people from the residence in which the business is located to be employed in the occupation. (3) The area set aside for the home occupation shall not exceed 50% of the total floor area of the residence. B. Permitted minor home occupations include, but are not limited to, the following: (1) Independent artists or craftspeople; (2) Telephone answering or marketing; (3) Tutoring for up to three students at a time; (4) Home cooking and preserving for sale off-site; (5) Computer programming, data entry or other data processing services; and (6) Secretarial services. § 170-73 Major home occupations. A. A major home occupation is any proposed or existing home occupation that does not meet the standards for a minor home occupation. B. A major home occupation requires a conditional use permit. C. All major home occupations shall meet all of the following additional standards: (1) Major home occupations must be conducted within the principal dwelling and/or within a permitted accessory structure and no mechanized equipment is used outside of an enclosed structure outside of business hours. (2) Major home occupations may not be located within 20 feet of any preexisting neighboring residence. The conditional use permit can require additional distance, up to a maximum of 500 feet, if the additional distance can be shown to mitigate negative impacts to a neighboring residence associated with sounds or views. (3) No more than four persons other than a resident of the principal dwelling may be employed or engaged in a major home occupation. (4) Only merchandise directly incidental to a service provided may be displayed or sold within the dwelling or structure used for a major home occupation. (5) Major home occupations authorized in an agricultural district must be limited to agriculturally related activities. D. Permitted major home occupations with a conditional use permit include the following: Page 169 of 207 88 (1) Independent artists or craftspeople; (2) Telephone answering or marketing; (3) Tutoring for up to eight students at a time; (4) Home cooking and preserving for sale off-site; (5) Computer programming, data entry or other data processing services; (6) Secretarial services; and (7) Any other occupations that are accepted by the Town during the conditional use permitting process. § 170-74 Inspections. There may be one annual inspection each year of any authorized home occupation by the Zoning Administrator and/or the local Fire Inspector. In addition, the Zoning Administrator or his designee may at any time, with reasonable request, enter and inspect the premises for safety and compliance purposes. Article XIV Antennas, Mobile Service Facilities and Mobile Service Support Structures § 170-75Purpose. The purpose of this article is to: A. Accommodate communication, radio and television generation needs while protecting the public health, safety and welfare. B. Minimize adverse visual impacts of the associated ground structures with screening requirements. C. Minimize adverse impacts of such structures on the value of nearby property. § 170-76 General provisions. A. Applicability. (1) The following regulations and standards apply to all mobile support structures and facilities in all zoning districts unless otherwise provided in this section. (2) Subject to § 170-77B and C below, mobile support structures and radio and television broadcasting studios are permitted in all zoning districts, upon approval of a conditional use permit. Pursuant to Wis. Stats., § 66.0404(4)(n), the Town shall not limit the duration of any such approved conditional use permit. B. Mobile support structures in floodplain overlay district. St. Croix County enforces its floodplain zoning ordinance in Section 17.40. In addition, the placement of electrical and mechanical equipment in a floodplain is regulated by § SPS 321.22(5), Wis. Adm. Code, of the state's Page 170 of 207 89 construction standards. Nothing in this article shall alter or affect the obligations arising from any of those provisions. C. Mobile support structures in the public right-of-way. No mobile support structure or its structural components shall be erected or temporarily placed within any road or highway or its right- of-way. D. Mobile support structures exempt from regulation. The following mobile support structures and facilities are exempt from regulation under this article: (1) Amateur radio antennas constructed for use by licensed amateur radio operators up to 60 feet high or 100 feet when extended by a telescoping or crank-up mechanism, with a maximum height of 60 feet when retracted. (2) Reception: only antennas and dishes for television and radio. § 170-77 Conditional use permit process. A. Conditional use permit required. A conditional use permit is required for a new mobile support structure and facilities, a Class 1 co-location or a Class 2 co-location. B. Conditional use permit application for a mobile support structure and facilities, a Class 1 co- location or a Class 2 co-location. (1) A properly completed application for a permit for a new mobile support structure and facilities or Class 1 co-location shall be made to the Zoning Administrator upon forms furnished by the Town. (2) The application must be signed by both the property owner and the applicant or his/her agent. (3) The following information shall be provided for new mobile support structures and facilities and Class 1 co-locations: (a) A site plan prepared and certified by a professional engineer which shows the location of the mobile support structure and facilities, lot or parcel boundaries, the associated equipment on the ground, fencing, landscaping, lighting, access driveway and public road. (b) If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the application did not choose co-location. The explanation must include a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting to one of the following: [1] That co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity. Page 171 of 207 90 [2] That co-location is technically infeasible. [3] That co-location is economically burdensome to the mobile service provider. (c) If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment that will be placed on or around the new mobile service support structure. (d) If the application is for a Class 1 co-location, which would substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment that are associated with the proposed modifications. (e) A permit fee. (4) The following information shall be provided for a Class 2 co-location: (a) The location of the proposed mobile service facilities. (b) A permit fee. C. Permit decision and appeal process for new mobile support structures and facilities or Class 1 co-locations. (1) If an applicant submits to the Zoning Administrator an application for a permit for a new mobile support structure and facilities of Class 1 co-location, which contains all of the information required under this chapter, it shall be considered complete. (2) If the Zoning Administrator does not believe that the application is complete, the applicant will be notified in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete. (3) Within 90 days of receipt of a complete application, the Town Board shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the ninety- day period: (a) Review the application to determine whether it complies with all applicable aspects of the building code and, subject to the limitations in this article, zoning ordinances. Page 172 of 207 91 (b) Make a final decision whether to approve or disapprove the application. (c) Notify the applicant, in writing, of the final decision. (d) If the application is approved, issue the applicant the conditional use permit. (e) If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. D. Permit decision and appeal process for Class 2 co-location. (1) If an applicant submits to the Zoning Administrator an application for a permit for a Class 2 co-location, which contains all of the information required in the application, the Zoning Administrator shall consider the application complete. (2) If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete. (3) Within 45 days of receipt of a complete application, the Town Board shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the forty-five- day period: (a) Make a final decision whether to approve or disapprove the application. (b) Notify the applicant, in writing, of the final decision. (c) If the application is approved, issue the applicant the conditional use permit. (d) If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. § 170-78 Standards. A. Setbacks. The setback for mobile service support structures and facilities shall meet the provision of this chapter. B. Aeronautical safety. The Town may disapprove an application involving creation of a new mobile support structure where both of the following are true: (1) The height of the new structure exceeds 200 feet, measured from the ground level at its site; and (2) The new structure would extend into air space [protected by 47 CFR 17.7(b)] that is above an imaginary surface extending outward and upward at any of the following slopes: Page 173 of 207 92 (a) One hundred to one for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest runway of any airport with at least one runway more than 0.98 kilometer (3,200 feet) in actual length, excluding heliports. (b) Fifty to one for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest runway of any airport with its longest runway no more than 0.98 kilometer (3,200 feet) in actual length, excluding heliports. (c) Twenty-five to one for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest landing and takeoff area of any heliport. C. Removal of mobile support structure and facilities. Any mobile support structure and facilities which are not used for the use for which the permit was granted for 12 consecutive months must be removed and the site restored within three months. The site shall be restored to its original condition and anchoring elements shall be removed from the ground to a depth of at least eight feet below grade. If removal and restoration are not completed, the Town is authorized to complete the removal and site restoration and charge the cost to the performance bond. D. Performance requirements. (1) A performance bond in a form acceptable to the Zoning Administrator shall be submitted at the time of the application to provide for the removal of the mobile support structure and facilities. The bond shall be a maximum of $20,000. (2) The structures on the ground shall be screened with six-foot-high coniferous trees to provide 80% capacity at maturity. (3) The bottom of the mobile support structure and facilities from ground level to 12 feet above ground shall be designed to prevent unauthorized climbing and shall be enclosed with a minimum six-foot-high chain-link fence with a locked gate. (4) Security lighting shall be downward directed and shielded to keep light within the boundaries of the site. (5) Adequate parking shall be provided for maintenance and repair vehicles. (6) A written acknowledgement from the landowner of a leased site that they will abide by the applicable conditions of the land use permit, including the restoration and reclamation requirements in this article. (7) Installation of the wireless mobile support structure and facilities shall comply with the manufacturer's specifications. (8) New mobile support structure and facilities shall provide space for at least two co- locations. Page 174 of 207 93 E. Prohibitions. (1) No wireless communication facility shall be artificially illuminated unless required by the FCC or FAA. (2) A temporary mobile transmission facility site is not permitted except in the case of equipment failure, equipment testing, equipment replacement, or emergency and prior authorization is obtained from the Zoning Administrator. Use of a temporary site for testing purposes shall be limited to 24 hours, and the use of the temporary site for equipment failure, equipment replacement or emergency shall be limited to 30 days unless extended for good cause in writing by the Zoning Administrator. (3) There shall only be one mobile support structure and facilities on a parcel of land. F. Completion deadline. (1) Wireless mobile support structure and facilities construction authorized by a conditional use permit issued under this article shall commence within one year from the date of approval and be substantially completed or implemented within two years. (2) Applicants can request extensions of one or both deadlines, for periods up to six months, from the Zoning Administrator. (3) The total time granted for extensions shall not exceed six years. G. Permit revocation. Where the terms or conditions on any conditional use permit for wireless mobile support structure and facilities are violated, the permit may be revoked by the Zoning Administrator. H. Biennial report. The mobile support structure and facilities owner shall submit, each even- numbered year on or before January 31, a transmission facility information report, on a Town- provided form. The report shall detail the use, maintenance and condition of the wireless mobile support structure and facilities. The report shall be accompanied by a two-year renewal of the performance bond in a form acceptable to the Zoning Administrator in an amount sufficient to provide the removal of the wireless mobile support structure and facilities. The bond amount is a maximum of $20,000. I. Safety inspection. If the Town has reason to believe that a wireless mobile support structure and facilities is a safety risk, it may require the permit holder to perform an inspection by a registered engineer and provide a copy of the report to the Zoning Administrator within 60 days of notice by the Town that an inspection is required. Article XV Temporary Nonmetallic Mining § 170-79 Purpose. Temporary nonmetallic mining is permitted as a conditional use in the Agricultural and Rural Residential Page 175 of 207 94 (AG-RES) District on parcels 20 acres or greater and is regulated in this article. This article protects public health, safety, and general welfare and ensures that temporary nonmetallic mining is compatible with the applicable district. § 170-80 Applicability. This article applies to temporary nonmetallic mining. § 170-81 General provisions. Temporary nonmetallic mining operations shall comply with the following: A. Chapter 14 of the St. Croix County Code of Ordinances; B. Wis. Stats., Chapter 295, Subchapter I, and rules promulgated under that subchapter; C. Applicable provisions of this article; D. Any requirements of the State Department of Transportation concerning restoration of nonmetallic mining sites; and E. The operation: (1) Extracts a total of 10,000 cubic yards or less of material; and (2) Does not exceed 60 days in duration; and (3) Obtains a conditional use permit in accordance with Article XVII of this chapter. § 170-82 Conditional use permit process additional requirements. A. Conditional use permit required. A conditional use permit is required for a temporary nonmetallic mining operation. B. Conditional use permit application for temporary nonmetallic mining operations shall include the following: (1) A properly completed application in accordance with Article XVII of this chapter. (2) An adequate description of the operation in the form of an operation plan. This operation plan shall include a description of the equipment, machinery, and structures to be used and topographic map of the site showing existing contours with minimum vertical contour interval of five feet, trees, all proposed and existing on-site uses, and proposed excavation areas. § 170-83 Standards. A. Water. The washing of sand and gravel shall be prohibited in any operations where the quantity of water required will seriously affect the supply of uses in the area or will result in contamination, pollution, or excess siltation. B. Plan Commission review. The Town Plan Commission shall particularly consider the effect of Page 176 of 207 95 the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character, and land value of the locality. Article XVI Nonconforming Uses, Structures and Lots § 170-84 Purpose and intent. It is the purpose and intent of this article to comply with state law protecting nonconforming uses and structures as the law requires. It is the additional purpose of this article to clarify how preexisting uses and structures built on nonconforming lots will be treated under this chapter as the Town assumes zoning jurisdiction from St. Croix County. § 170-85 Nonconforming uses. A. The continued lawful use of a building, premises, structure or fixture existing on the effective date of this chapter or on any later amendment to this chapter that makes the use nonconforming may not be prohibited, even though the use does not conform to the provisions of this chapter. Legal nonconforming uses shall not be extended, enlarged or expanded except as provided for in this article. B. Otherwise legal uses of land in the Town on the effective date of this chapter shall be treated as legal nonconforming uses to the extent that the existing use is not a fully permitted use in the zoning district in which the use is located on the Town's Zoning Map. Landowners with legal nonconforming use rights can also seek conditional use permits under this chapter to more fully protect their use rights where the use is otherwise eligible for such a conditional use permit under the Town's Zoning Ordinance. C. Legal nonconforming uses shall not be extended. The total structural repairs or alterations to a building, premises, structure or fixture that supports a nonconforming use shall not, during its life, exceed 50% of the assessed value of the said building, premises, structure or fixture unless permanently changed to a conforming use. D. Legal nonconforming uses run with the land. However, if a legal nonconforming use is discontinued for a period of 12 consecutive months, any future use of the building, premises, structure or fixture shall conform to this chapter. E. The unlawful expansion of a legal nonconforming use invalidates the legal nonconforming use as well as the unlawful expansion. F. Any uses authorized by St. Croix County under the previous St. Croix County Zoning Ordinance as conditional use with an approved conditional use permit, special exception, or variance become legal nonconforming uses when the Town's Zoning Ordinance goes into effect. § 170-86 Nonconforming structures. A. Except set forth in § 170-87 (below), the restoration of a damaged or destroyed nonconforming structure to the size, location and use that it had immediately before such damage or Page 177 of 207 96 destruction occurred is permitted in only situations where the damage or destruction is caused by violent wind, vandalism, fire, flood, snow, mold or infestation. Such a restored nonconforming structure may be larger than the size it was immediately before it was damaged or destroyed only to the extent necessary to comply with applicable state or federal regulations. B. Structures with a footprint in the setback area of lots that otherwise conform to the area or spatial requirements in effect when the lots were created can be removed, replaced, repaired, maintained, renovated and remodeled. § 170-87 Nonconforming lots. A. Structures located on nonconforming lots where the structure is also nonconforming can be removed, replaced, repaired, maintained, renovated and remodeled. The structure's footprint may expand as a result, so long as the expanded footprint encroaches no further into the public road right- of-way area, side or rear setbacks, and the resulting structure's appearance will be consistent with similarly purposed and existing structures in the neighborhood, and consistent with any measure of nonconformity of such other structures. B. Structures with a footprint on the effective date of this chapter located in the setback areas of a lot and that conformed to the area of spatial requirements in effect when the lot was created can be removed, replaced, repaired, maintained, renovated and remodeled. The structure's footprint may expand as a result, so long as the expanded footprint encroaches no further into the public road right- of-way area, side or rear setbacks and the resulting structure's appearance will be consistent with, similarly purposed and existing structures in the neighborhood, and consistent with any measure of nonconformity of such other structures. C. Certain nonconforming lots in the Town were created so long ago that spatial requirements such as setbacks are not shown on the plat, certified survey map or otherwise discerni ble from site-specific documents of record that created the lot. In this situation, the more restrictive of the county or Town setback requirements in effect at the time that the lot was created shall determine the spatial requirements that apply to the lot and to the placement of new structures on the lot after the effective date of this chapter. Article XVII Conditional Uses § 170-88 Purpose. This chapter is premised upon the division of the Town into zoning districts where the use of land and buildings and the location of buildings and structures in relation to the land for that use are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any district because it is necessary to consider the impact of the proposed use upon neighboring land or public facilities, and the public benefit of locating particular kinds of uses in specified zoning districts. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district where not otherwise permitted when due consideration is first given to location, development and operation of such uses and their compatibility with permitted uses in a particular zoning district. Such uses are classified as conditional uses. A conditional use Page 178 of 207 97 is one which is listed as a conditional use in the Zoning Ordinance and where the Town determines that it can be allowed after review, public hearing, recommendation by the Plan Commission, specific approval by the Town Board by issuance of a conditional use permit and subject to each site and neighborhood specific conditions as are developed during that process. § 170-89 Authority of Plan Commission and Town Board; requirements. A.The Town Board may issue a conditional use permit to the owner of the property or tenant/business operator, with owner's consent after review, public hearing, recommendation of the Plan Commission and approval by the Town Board, when such conditional use and involved structure(s) are found to be compatible with the purpose and intent of this chapter and further found to be not incompatible, hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community in which the conditional use will take place. All conditional use permits shall specifically describe the listed use and specify the period of time for which the permit is effective. A. Refer to Procedure for site plan approval of all conditional use permits, under section 170-20. B. Any conditional use permit is issued to the property owner or the tenant/business operator with the owner's consent. The permit is not transferable. It does not "run with the land." The conditional use permit shall automatically terminate upon sale of or transfer of title of the property or change in the tenant/business operator (in the event the tenant/business operator is not the property owner). The permit shall also automatically terminate upon the death of the permit holder or the business operator. All conditional use permits shall specifically describe the listed use and shall state the period of time for which the permit is effective and when it must come up for review and renewal. C. Compliance with all applicable provisions of this chapter and all other provisions of the Town Code of Ordinances, including but not limited to lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all listed conditional uses. D. The Town's decision to approve or deny a conditional use permit application must be supported by substantial evidence. § 170-90 Initiation of conditional use permit application. Any person or entity with full ownership rights, a tenant with the owner's consent, or the purchasers under a signed purchase agreement for the land at issue with owner's consent may file a conditional use permit application. § 170-91 Application for conditional use permit. A. Conditional use permit application materials shall be prepared and submitted in conformity with current Town requirements, available in written form from the Town Clerk, describing the information required and general application deadline requirements. B. The application shall be accompanied by any required application fee established by the Town Board, a scaled site plan showing the location, size and shape of the lot(s) involved and of any proposed structures or planned modification(s) to existing structures, the existing structures, the existing and proposed use of each structure and lot, and include a written statement from the applicant with adequate evidence to show how the proposed conditional use shall meet and be Page 179 of 207 98 consistent with the standards set forth in this chapter. C. Conditional use permit applications should address the following list but are not limited to landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulations, deed restrictions, highway access restriction, increased yard or parking requirements may be required by the Plan Commission and Town Board where appropriate or necessary to fulfill the purpose and intent of this chapter. D. A conditional use permit application shall not be deemed to have been validly submitted to the Town until the complete written application, signed by the applicant(s) and accompanied by all applicable required materials, has been personally delivered to the Town Clerk with sufficient copies of all application materials to be delivered to the Town Attorney, Town Engineer and owners of land entitled to notice, and until receipt of the application has been acknowledged by the Plan Commission at its next regular monthly meeting following delivery of the complete application materials. The applicant is responsible for providing all such materials in conformity with all applicable requirements as established from time to time by the Town, and at the applicant's expense. E. The Town Board, Town Plan Commission, the Town Attorney or Town Engineer can require such other information as may be necessary for processing an application and for the enforcement of this article, including, without limitation because of enumeration, a site plan showing contours and soil types, high-water mark and groundwater conditions, bedrock, vegetative cover, specifications for areas of proposed filing, grading, and lagooning, location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping, plans of buildings, sewage disposal facilities, water supply systems and specifics of proposed operations. § 170-92 Site review. Refer to Procedure for site plan approval of all conditional use permits, under section 170-20. If applicant makes changes to original and approved site plan, applicant must come back to Town Board for review and approval of revised site plan. In making its recommendation, the Plan Commission shall review and evaluate each application, shall visit the proposed site and may request assistance from any source which can provide technical assistance. The Commission shall review and consider the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, slopes, soils, drainage, sewerage and water systems and the proposed operation/use. § 170-93 Notice of hearing on application. Notice of time, place and purpose of such a hearing shall be given by publication of a Class 2 notice in the official Town newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, Plan Commission members, and the owners of record as listed in the office of the Town Clerk/Treasurer who own property located in whole or in part within 300 feet of the boundaries of the properties affected, with notice to be mailed at least 20 days prior to the date of the public hearing. The Plan Commission shall provide its report and recommendation to the Town Board within 60 days after the public hearing, after which the Town Board shall take formal action on the permit application. If the Town Board Page 180 of 207 99 does not receive a report and recommendation from the Plan Commission within 60 days it may hold hearings and act on the conditional use permit application without a report and recommendation from the Plan Commission. § 170-94 Hearing on application. Requests for conditional use permits shall be first directed to the Plan Commission for its review and recommendation to the Town Board. After receipt of all required fees, deposits, application, and all related materials, the Plan Commission shall hold a public hearing on each application for a conditional use at a time and place set by the Commission. A record of the proceedings shall be preserved. § 170-95 Standards for conditional use permit. No conditional use permit shall be recommended by the Plan Commission or approved by the Town Board unless substantial evidence supports findings that all of the following conditions are met: A. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare of Town residents or the general public. B. That the uses, values and enjoyment of other property in the neighborhood for permitted purposes shall in no foreseeable manner be substantially impaired by the establishment, maintenance or operation of the conditional use, and that the proposed use is sufficiently compatible with the current use of adjacent land. C. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. D. That adequate utilities, access roads, drainage and other necessary site improvements presently exist or will be undertaken and developed within a reasonable time, as determined by the Town. E. That adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public roads within a reasonable time, as determined by the Town. F. That the conditional use shall conform to all applicable regulations of the district in which it is located and all applicable state and county regulations. This may include compliance with requirements affecting land in the Lower St. Croix Riverway Overlay District. G. That the proposed use does not violate St. Croix County shoreland or floodplain regulations governing the site. H. That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff. I. Architectural treatment. Proposed architectural treatment should be in general harmony with surrounding uses and the landscape. To this end, the use of certain general types of exterior construction materials, architectural treatment or landscaping may be required. Page 181 of 207 100 J. Application of standards. When applying standards for conditional uses to any proposed building construction or addition, the Plan Commission and Town Board shall also apply the statement of purpose for the zoning district in which the conditional use is being proposed so that the proposed building, addition and use proposed for the location does not conflict with or contradict the purpose and objectives of the zoning districts. K. Additional considerations. When considering an application for a conditional use permit, the Plan Commission and Town Board shall also evaluate the effect of the proposed use upon: (1) The maintenance of safe and healthful conditions on the site for which application has been made and at properties whose owners are to receive notice under this article. (2) Existing topographic and drainage features and vegetative cover on the site. (3) The location of the site with respect to floodplains and floodways of rivers and streams. (4) The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover. (5) The location of the site with respect to existing or future access roads. (6) The need of the proposed use for a shoreland location. (7) The compatibility of the proposed use with uses on adjacent land. (8) The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems serving the site. § 170-96 Conditions and guarantees. Prior to making recommendation on any conditional use permit application, the Plan Commission may consider and recommend conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as it deems necessary or appropriate to promote and protect the public health, safety and general welfare of the community, and to secure compliance with site-specific requirements and with the standards and requirements of this article. In all cases in which conditional use permits are issued, the Town Board shall require such evidence and guarantees as it deems necessary as assurance that the conditions being required will be met on a continuous basis. § 170-97 Validity of conditional use permit. A. After a conditional use permit has been approved, such permit shall become null and void after 12 months from the date of the approval unless the use is commenced, construction is underway or the current owner possesses a valid building permit before that time. Forty-five days prior to the automatic expiration of such permit, the Town Clerk/Treasurer shall notify the holder by certified mail of the approaching expiration date, though failure to do so shall not stay or invalidate the expiration of the permit. The Town Board may extend such permit for a period of time for justifiable cause, if application is made to the Town Board at least 30 days before the expiration of said permit. Page 182 of 207 101 B. No alteration or expansion of a use permitted by conditional use permit shall be permitted unless a new conditional use permit is approved by the Town Board upon recommendation of the Plan Commission and pursuant to the procedures and standards set out in this article. § 170-98 Complaints regarding conditional uses. A. The Town Board retains continuing jurisdiction over all conditional use permits for the purpose of resolving complaints made against permit holders. This includes the power to order the removal or discontinuance of unauthorized alterations to an approved conditional use, and to order the elimination, removal or discontinuance of any violation of a condition imposed, prior to or after approval, to revoke the permit or to take action for violation of any other provision of this chapter. B. Upon a written complaint specifying alleged conditional use permit violations by any Town resident or Town official, the matter shall be referred to the Plan Commission for review. The Plan Commission shall review the complaint to determine whether said complaint shows to a reasonable probability that a conditional use is in violation of one or more of the standards set forth in this article, a specific condition of approval of the conditional use permit for the premises or other requirement imposed hereunder. C. The Plan Commission shall make findings and provide a recommendation to the Town Board. Thereafter, if the Town Board determines that the complaint process should proceed, a hearing shall be held by the Town Board upon notice in the manner set forth in § 170-93. D. The Town Board may, in order to bring the holder of the conditional use permit into compliance with the standards set forth in this article or conditions previously imposed by the Town Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made or where the Town Board has grounds to believe that continuing conditional use permit violations will not be corrected, the Town Board may revoke the conditional use permit and direct the Town Clerk/Treasurer or Town Attorney to take action to seek elimination of the use. E. Following any such hearing, the decision of the Town Board shall be furnished to the holder of the revoked conditional use permit in writing, stating the reasons for the Town Board's action. § 170-99 Review by court of record. Pursuant to Wis. Stats., § 62.23(7)(de)5, if the Town Board denies a person's conditional use permit application, the person may appeal the decision to the circuit court under the procedures contained in Wis. Stats., § 62.23(7)(e)10. Article XVIII Changes and Amendments § 170-100Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Town Board may, by ordinance, change the district boundaries established by this chapter and the Zoning Map incorporated herein or amend the text of this chapter. Such changes or amendments require the review and recommendations of the Plan Commission, Town Board enactment and approval by the St. Croix County Page 183 of 207 102 Board of Supervisors, as provided by Wisconsin Statutes. § 170-101Initiation of changes or amendments. A change or amendment to the text of this chapter or to the accompanying Zoning Map may be initiated by the Town Board, Plan Commission, Zoning Board of Appeals, or by a petition of one or more owners of the property within the area for which zoning is proposed to be changed. § 170-102 Procedure for changes or amendments. A. Petition. A petition for any change to the Zoning Map or for amendments to the text of this chapter shall be addressed to the Town Board and shall be filed with the Town Clerk along with any required filing fee. It shall describe the premises to be rezoned, or the portions of text to be amended, list the reasons justifying the petition, specify the proposed use or district change, if applicable, and, if the petition is requesting a change of district boundaries or district type, shall provide all information required by this chapter and show all property lying within 300 feet of the area proposed to be rezoned, with the names and addresses of all owners of such property. Additional information may be required by the Plan Commission or Town Board. B. Recommendations. The Town Clerk, on behalf of the Town Board, shall cause the petition to be forwarded to the Plan Commission for its consideration and recommendation. The Plan Commission shall review all proposed amendments to the text of this chapter and/or the Zoning Map and provide a recommendation that the petition be granted as requested, as modified or denied, in conformity with the requirements of this chapter. The recommendation shall be recorded in the Plan Commission's official minutes. In arriving at its recommendation, the Commission may, of its own volition, conduct a public hearing on proposed amendment(s). If the Town Board does not receive a report and recommendation from the Plan Commission within 60 days of submitting the proposed amendments, the Town Board may hold hearings and act without first receiving the Plan Commission report and recommendation. C. Hearings. (1) Following receipt of recommendation of the Plan Commission, the Town Board shall hold a public hearing to hear and consider each proposed change or amendment, giving notice of the time, place and the change or amendment being proposed, by publication of a Class 2 notice, under Chapter 985 of the Wisconsin Statutes. At least 10 days prior to the public hearing, written notice shall also be given to the clerk of any other municipality located within 1,000 feet of any land to be affected by the proposed change or amendment. (2) The Town Board may delegate to the Plan Commission the responsibility to hold the public hearing required under this subsection. D. Town Board action. Following such hearing and after considering the Plan Commission's recommendations, the Town Board shall vote on the proposed Zoning Map change or chapter text amendment. Amendments to the text of this chapter or to the Zoning Map are subject to County Board approval as provided by Wisconsin Statutes. The Town's administrative application of this chapter to specific parcels of land in the Town, as by processing and acting on applications for conditional use permits, home occupation permits, any other permit required under this chapter and Page 184 of 207 103 variances, does not require County Board approval. Article XIX Board of Appeals; Variances § 170-103 Board of Appeals. A Board of Appeals is hereby established. The Board of Appeals shall consist of five members appointed by the Town Chairperson, subject to confirmation by the Town Board. Members shall serve without compensation, shall reside within the Town of St. Joseph, and shall be removable by the Town Chairperson for cause, upon written charges and after public hearing. Two alternate members shall be appointed by the Town Chairperson. The Board of Appeals shall appoint one of its members as Secretary of the Board unless the Town Board shall authorize the employment of a secretary. § 170-104 Establishment of rules. The Board of Appeals may have separately adopted rules for its operation and procedure. At all times such rules shall operate in accordance with the provisions of this chapter, shall regulate procedural and substantive aspects of Board operations and in that way shall serve to implement, without being part of the chapter. § 170-105 Records. The Board of Appeals shall keep minutes of its proceeding, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, in the office of the Board. § 170-106 Taking of appeals; stay; powers. A. Taking of appeals. Appeals to the Board of Appeals alleging error in administration of this chapter may be taken by any person aggrieved, or by any officer, department, board or committee of the Town of St. Joseph affected, by a decision of the Town Board in administering said ordinances, and shall be processed pursuant to the rules of the Board of Appeals. B. Stay. An appeal to the Board of Appeals shall stay all legal proceedings in furtherance of the action being appealed from unless the Town Board or administrative officer whose decision is being appealed to the Board certifies to the Board after the appeal has been filed and that, by reason of facts stated in the certificate, a stay would, in the opinion of the Town Board or administrative officer, cause imminent peril to life or property. In such case, legal proceedings shall not be stayed except by a restraining order which may be granted by a court of record on application, on notice to the Town and on due cause shown. C. Powers of Board of Appeals. The Board of Appeals shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made in the enforcement of this chapter, and to authorize upon appeal in specific cases such variance from the requirements of this chapter as will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of any provision of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. § 170-107 Variance standards. A. A use variance means an authorization by the Board of Appeals under this article to allow the Page 185 of 207 104 use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning ordinance and is available only when a property owner will have no reasonable use of the property without a use variance. B. An area variance is available only when strict compliance with Town regulations governing area, setbacks, frontage, height, bulk or density will unreasonably prevent an owner from using property for a permitted purpose or will render conformity with those regulations unnecessarily burdensome. § 170-108 Variance procedure. A. Application. (1) A variance application shall be filed with the Town Clerk/Treasurer. Applications may be made by the owner or authorized agent of the owner of the land affected by the application. The application shall contain the following information: (a) Name and address of applicant and all abutting and opposite property owners of record. (b) Address and legal description of the property. (c) A to-scale drawing showing the boundaries and location of the property, the location and dimensions of all buildings and structures, slopes, public and private roads crossing or contiguous to the property and the location of a distance to the nearest residences in all directions. (d) Such additional information as may be required by the Plan Commission, Town Engineer or Board of Appeals or pursuant to its rules. (e) Fee in the amount set by the Town Board. (2) Applicants shall consult the rules of the Board before submitting an application and shall fully comply with the rules' requirements. B. Burden of proof. An applicant seeking a variance has the burden of proof. (1) To show the level of practical difficulty or unnecessary hardship needed for an area variance, an applicant must show that compliance with this chapter's requirement from which relief is sought either prevents the use of the land for an otherwise permitted purpose or is unnecessarily burdensome. The unnecessary hardship or practical difficulty being shown cannot be self-created, must be unique to the property and must be linked to the physical characteristics of the land for which the variance is sought. The applicant should be prepared to show what actions would be necessary to comply with the chapter requirement from which relief is being sought. (2) To show the level of practical difficulty or unnecessary hardship needed for a use Page 186 of 207 105 variance, an applicant must show that no reasonable use of the property can be made without the variance. C. Hearings. Board hearings on variance applications shall be conducted in compliance with the rules and bylaws of the Board. Meaningful advance notice of such hearings shall be given at least 10 days before the hearing to all abutting landowners and owners of non-abutting property located within 300 feet of the perimeter property lines of the parcel that is the subject of the application, by or under the direction of the Town Clerk/Treasurer. D. Action of the Board of Appeals. Following the hearing on the application, the Board of Appeals shall determine whether the applicant has shown unnecessary hardship or practical difficulty after first reviewing the information provided to it, after examining what the zoning regulation at issue is intended to accomplish and after considering concerns related to the welfare of the public such as safety, especially in the immediate area, property values, especially in the immediate area, uniformity of appearance and uniformity of treatment. E. Finding required. (1) Before the Board can grant a variance, it must evaluate the hardship in light of the purpose of the zoning restriction at issue and find that: (a) The applicant has established specific unnecessary hardship or practical difficulty will result in the absence of the granting of the variance being sought, that is unique to the property involved and that is not self-created. (b) Granting the variance is necessary, will do substantial justice and secure public safety and welfare and is consistent with the intent and purpose of the regulations in this chapter from which relief is being sought. (c) Granting the variance will not damage the rights or property values of other persons in the area and will not interfere with or increase the cost of plans of the Town, county, state or federal governments in the area, absent the most unusual, extreme or compelling circumstances. (2) A request for a variance to lot density or impervious surface requirements shall be evaluated in the context of the related portions of the Town's subdivision ordinance. F. Conditions. The Board of Appeals may impose such conditions and restrictions upon the premises receiving a variance as it determines to be necessary for consistency of result with the standards and requirements herein and with special emphasis on requirements for area variances that will maintain and protect consistency with the character, appearance and parcel based proportion of area-to-structure found in adjacent and neighborhood development and on requiring mitigating measures such as plant, fence or earth- based screening that will avoid or permanently reduce the adverse effect of the variance on present and planned adjacent and neighborhood development. Page 187 of 207 106 § 170-109 Review by court of record. As provided in Wis. Stats., § 62.23(7)(e)10, any person or person aggrieved by any decision of the Board of Appeals or any taxpayer or any officer, department, board or bureau of the Town may, within 30 days after the filing of the decision in the office of the Board of Appeals, commence an action seeking certiorari review and related remedies. Article XX Administration and Enforcement § 170-110 General administrative system. This chapter creates the functions of a "Zoning Administrator" to administer and enforce its requirements. Certain administration and enforcement matters under this chapter, such as the granting of permitted conditional uses, conditional uses, changes in zoning districts and the Zoning Map, and amending the text of this chapter, also require review by the Plan Commission and action by the Town Board or Town Board of Appeals. § 170-111 Zoning Administrator. The Zoning Administrator is the Town official with primary responsibility for administering the provisions of this chapter. As used in this chapter, "Zoning Administrator" refers to the Town Chair or to the Zoning Administrator selected and appointed by the Town Board. The duty of the Zoning Administrator shall be to administer, interpret and enforce this chapter and to issue all permits required by this chapter that do not require action by the Town Board or Town Board of Appeals. The Zoning Administrator shall: A. Advise applicants for permits as to the provisions of this chapter and be available to applicants while preparing applications. B. Issue any administrative-level permits now or later authorized by this chapter. The function of processing sign permits is delegated to the Building Inspector. C. Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter. D. Maintain and update the permanent and current records of this code, including but not limited to the Zoning Map, text amendments to this chapter, conditional use permits, variances, appeals and applications, which function is hereby delegated to the Town Clerk. E. Provide and maintain a public information function relative to all matters arising out of this chapter. F. Receive, file and forward to the Plan Commission all applications for amendments to this chapter, which function is hereby delegated to the Town Clerk who shall forward all application amendments to the Zoning Administrator upon receipt of those applications. G. Receive, file and forward to the Plan Commission applications for all conditional use permits, which function is hereby delegated to the Town Clerk who shall forward all conditional use permit applications to the Zoning Administrator upon receipt. H. Receive, file and forward to the Board of Appeals all applications for appeals, variances, or Page 188 of 207 107 other matters on which the Board of Appeals is required to act under this chapter, and attend all Board of Appeals meetings to provide technical assistance which function is hereby delegated to the Zoning Administrator, the Building Inspector and the Town Engineer. I. Initiate, direct and review from time to time a study of the provisions of this chapter, and make periodic reports with recommendations concerning it to the Plan Commission not less than once a year. J. Make on-site investigations related to the enforcement of this chapter and any related ordinances of the Town and have access to any structure or premises for this purpose, or in reviewing permit applications, exercised at a reasonable hour and after a twenty-four-hour notice. K. Coordinate duties and responsibilities with the Building Inspector to ensure consistent and fair application of this chapter and avoid unnecessary duplication of the specific requirements in the administration of this chapter and the Town's subdivision, building and other ordinances. L. Coordinate with the Town Attorney regarding enforcement of this chapter and related legal issues. § 170-112 Role of specific Town officials in zoning administration. A. Zoning Administrator. The Zoning Administrator serves at the pleasure of the Town Board and has the authority to delegate responsibility for performance of duties assigned to that position by this chapter on a specific or continuing basis to any of the following: Town staff (elected, appointed or employee), the Building Inspector, the Town Engineer and Town Attorney. B. Plan Commission. The Plan Commission makes reports and recommendations relating to the plan and development of the Town to the Town Board, other public officials and other interested organizations and citizens. In general, the Plan Commission has such powers as are necessary to enable it to perform its functions, promote municipal planning and as set out in Chapter 35 of the Town Code. One of its functions is to make recommendations to the Town Board. The Commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing. C. Town Board. The Town Board has ultimate authority to make changes and amendments to the boundaries of zoning districts, and to amend the text of this chapter, subject to County Board approval as provided by Wisconsin Statutes. The Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter. D. Zoning Board of Appeals. A Zoning Board of Appeals has been established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter and to decide on applications for variances. See Article XVIII. § 170-113 Zoning review for one- and two-family residential uses. A. No building permit for a new structure, new use of land, water or air, or change in the use of Page 189 of 207 108 land, water or air for one- or two-family residential use shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered unless the application for such permit has been reviewed by the Zoning Administrator or designee and it has been verified that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all applicable provisions of this chapter and other applicable portions of the Town Code. B. A building permit issued in conflict with the provisions of this chapter is null and void. § 170-114 Zoning review for uses other than one- and two-family residential uses. A. Zoning, use and site plan approval. Applications for rezoning and development for uses other than a one- or two-family residence require a site plan, development plan, review and approval by the Plan Commission and the Town Board, in accordance with all applicable requirements of this chapter and of the Code of the Town of St. Joseph. Refer to Procedure for site plan approval of all conditional use permits, under section 170-20. B. Rezoning. Applications and all required fees shall be directed to the Zoning Administrator or designee and shall include the following information: (1) Names and addresses of the applicant, owner of the site and architect, professional engineer and contractor involved. (2) Description of the subject site by recorded subdivision lot or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; the present zoning district within which the subject site lies; and explanation of how the proposed rezoning and development is consistent with the Town's Comprehensive Plan. (3) Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing such of the following as may be required by the Zoning Administrator: the location, boundaries, dimensions, uses, and size of the subject site; existing and proposed structures; existing and proposed easements, streets and other utilities; the area of all existing and proposed hard surfaces such as off-street parking, loading areas and driveways, drainage plans and waterways and existing and proposed side and rear yards. (4) Additional information as may be required by the Zoning Administrator, Plan Commission, Town Engineer or other sections of this chapter. (5) In addition, an applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission, Town Board or expert consultants retained by the Town to determine whether the proposed application meets all the requirements applicable thereto. C. Administration. (1) The Zoning Administrator shall make a preliminary review of conditional use permit Page 190 of 207 109 and rezoning applications and development plans before referring them, with a report of initial findings on completeness, to the Plan Commission within 30 days of receipt of a completed application. The Plan Commission shall then review the application and plans and refer it to any expert consultants selected by the Zoning Administrator and/or Town Engineer to advise whether the application and plans meet all applicable requirements of the Town Code. Within 60 days of its receipt of the completed application, the Plan Commission shall provide its report and recommendation to the Town Board as to whether the proposed conditional use permit and rezoning and related development proposal should proceed. This deadline may be extended by agreement of the Plan Commission and property owner of the land in the rezoning and development plan. (2) When the Town determines that expert consultants are necessary to properly review applications for conditional use permit, rezoning, or development plan approval, the Town shall require the applicant to submit a cash deposit to the Town to pay any costs the Town incurs in retaining expert consultants. The amount of the deposit shall be based on the estimated cost of the consultant. The Town may draw on such funds to pay professional costs, including but not limited to legal, financial, planning or engineering costs, the Town incurs as described in this agreement. Before drawing on such funds the Town shall provide an itemized statement to the applicant of costs incurred. The Town shall be authorized to draw on such funds if the applicant does not object to the itemized statement within 10 days of the date of the statement. If at any time during the review of the application it appears to the Town that the consultant costs the Town has incurred or is likely to incur will exceed the amount of funds the applicant has on deposit with the Town, the Town shall determine the estimated cost to complete such professional review and shall require the applicant to provide additional funds to be deposited with the Town. If the applicant fails to provide the additional funds, the Town may immediately terminate further consideration of the application and any professional consulting review that may be in process for the proposed application. (3) Within 60 days of the Plan Commission's receipt of the completed application, the Plan Commission shall provide its report and recommendation to the Town Board as to whether the proposed conditional use permit and rezoning and/or related development proposal should proceed. This deadline may be extended by agreement of the Plan Commission and property owner of the land that is the subject of the application for conditional use permit, rezoning and/or development plan approval. (4) Upon receipt of the report and recommendation from the Plan Commission, the Town Board shall review the application to determine if such rezoning application and development plans meet all of the requirements of this chapter and the other applicable provisions of the ordinances of the Town of St. Joseph. Within 45 days of its receipt of the report and recommendation from the Plan Commission, the Town Board shall act on the application, following the notice and hearing requirements in Articles XVI and XVII of this chapter. D. Requirements. In acting on any rezoning application and development plan, the Town Board may, without limitations, address the following issues during its decision: Page 191 of 207 110 (1) The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas and the Town's Comprehensive Plan. (2) The layout of the site with regard to entrances and exits to public roadways; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and loading and unloading, whether the traffic pattern generated by the proposed rezoning and proposed development will be developed in a manner consistent with the safety of residents and the community, and to minimize any traffic hazard created thereby. (3) The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal. (4) The landscaping and appearance of the completed site, whether those portions of all front, rear and side yards not used for off-street parking will be attractively planted with trees, shrubs, plants, or grass lawns and whether the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this chapter. E. Effect on municipal services. During a decision on rezoning and proposed development, the Town Board may secure such advice as may be deemed necessary from the Town Engineer, other municipal officials or consultants, with special attention to the effect of the proposal upon existing municipal services and utilities. Where additional or upgraded municipal facilities will be needed, the Town Board shall agree with the applicant regarding financial responsibility and payment for the development and construction of such facilities prior to acting on a rezoning request. § 170-115 Certification of occupancy. No lot or parcel now vacant shall be used for residential purposes, and no buildings or other structure shall be occupied or used for residential, commercial or industrial purposes, until a certificate of occupancy has first been obtained by the owner from the Building Inspector. § 170-116 Violations and penalties. A. Violations. It shall be unlawful to use or improve any structure or land or to use water or air in violation of any provision or requirement of this chapter or any portion of the Town Code. Landowners, occupants and the agents of both are responsible for compliance with all provisions of this chapter. In case of any violation, the Town Board, Plan Commission, the Zoning Administrator or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this Code or cause a structure to be vacated or removed. B. Remedial action. (1) The Zoning Administrator is responsible for inspecting and investigating compliance of land use activities in compliance with this chapter. (2) If upon such inspection or investigation the Zoning Administrator becomes aware of a condition, which he/she concludes is or is likely to become a violation, the parties in violation shall be notified and informed in writing of the appropriate action required to comply with Page 192 of 207 111 this chapter and the time frame, not to exceed 30 days, within which to comply. (3) Whenever an order of the Zoning Administrator has not been complied with, the Town Board may institute appropriate legal action or proceedings to enforce the chapter, including imposition of fines, injunctive or other equitable relief, and all remedies available to the Town under Wisconsin law. C. Penalties. (1) Where a conditional use or a variance has been approved subject to specified conditions and where such conditions are not complied with, the Town Board, Plan Commission or the Board of Appeals, as applicable, shall conduct a hearing similar to those followed in considering the granting of a conditional use or variance. (2) Finding of noncompliance with the conditions originally imposed shall be grounds for revocation of the conditional use permit. (3) The Town Board may, upon the recommendation of the Plan Commission or Board of Appeals, order an assessor's plat pursuant to Wis. Stats., § 70.27, whenever the conditions specified in that ordinance are found to be present. (4) The Zoning Administrator, Plan Commission, Town Board, or Board of Appeals may require creation and recording of correction instruments correcting errors in distances, angles, directions, bearings, chords, block or lot numbers, street names or other details of a recorded map or plat at the expense of the subdivider or affected property owners. (5) No provision of this chapter shall be construed to bar action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the laws of Wisconsin. (6) The owner of any building, structure, lot or parcel of property, or any portion thereof, where any condition in violation of this chapter exists or shall be created, and who has failed to bring the property into compliance with the chapter, shall be subject to forfeiture for each violation of the chapter in the amount as stated in the Fees Resolution approved by the Town Board. Each day each violation exists shall be considered a separate offence and shall be subject to the forfeiture provided herein. D. These remedies are cumulative. § 170-117 Establishment of fees. Application and review related fees shall be established by separate resolution enacted from time to time by the Town Board for, but not limited to, the following categories of activities, functions and permits: A. Board of Appeals variance, first request. B. Board of Appeals variance, second request. C. Conditional use permit. Page 193 of 207 112 D. Unlisted use. E. Zoning amendments. Attachments: Attachment 1 - Zoning Map Attachment 2 - Zoning Use Table Page 194 of 207 Resolution No. 50 (2024) RESOLUTION APPROVING TEXT AMENDMENTS TO THE TOWN OF ST. JOSEPH ZONING ORDINANCE – CHAPTER 170 (ZONING) 1 WHEREAS, on September 12, 2024, the Town of St. Joseph Town Board held a 2 properly noticed public hearing to discuss text amendments to the Town of St. Joseph Zoning 3 Ordinance (Chapter 170); and 4 5 WHEREAS, on October 10, 2024, the Town of St. Joseph Town Board held a properly 6 noticed meeting; and 7 8 WHEREAS, following discussion of the item at the October 10, 2024, meeting, the 9 Town Board approved zoning text amendments shown in Exhibit A; and 10 11 WHEREAS, Wisconsin Statute §60.62(3) states that in counties having a county zoning 12 ordinance no town ordinance amendment is effective unless approved by the county board; and 13 14 WHEREAS, St. Croix County has a zoning ordinance; and 15 16 WHEREAS, the St. Croix County Community Development Committee has reviewed 17 the proposed amendments and recommends approval. 18 19 NOW, THEREFORE, BE IT RESOLVED the St. Croix County Board of Supervisors 20 approves amendments to the Town of St. Joseph Zoning Ordinance described above and are 21 hereby approved. Community Development Committee Recommended MOVER: Kerry Reis SECONDER: Jerry Van Someren AYES: Shawn Anderson, Scott Counter, Kerry Reis, Jerry VanSomeren EXCUSED: Ryan Sherley St. Croix County Board of Supervisors Action: This Resolution was ADOPTED by the St. Croix County Board of Supervisors on December 3, 2024. ___________________________________ ___________________________________ Bob Long, County Board Chair Christine Hines, County Clerk Page 195 of 207 Resolution No. 51 (2024) RESOLUTION REQUESTING THE STATE OF WISCONSIN TO INCREASE FUNDING FOR CIRCUIT COURTS 1 WHEREAS, St. Croix County continues to bear a disproportionate financial burden for 2 the operations of the circuit court system, paying 80% of the operational expenses, while 3 retaining only 20% of the revenues generated, operational expenses, including court staff wages 4 and benefits, courtroom security, jury costs, and other necessary expenditures; and 5 6 WHEREAS, since 1978, counties have been responsible for the vast majority of the 7 operational costs of the courts, with the State of Wisconsin only providing funding for the 8 salaries and benefits of judges and court reporters, as well as per diem payments for reserve 9 judges; and 10 11 WHEREAS, in fiscal year 2021, counties across Wisconsin reported expenditures of 12 $230 million, while only $45.8 million of these expenses were supported by state appropriations, 13 placing an undue financial burden on counties, including St. Croix County, to make up the 14 difference through local taxes and other revenue sources; and 15 16 WHEREAS, ongoing challenges such as increasing security costs, interpreter shortages, 17 and insufficient state reimbursements for Guardian ad Litem and Victim Witness services 18 exacerbate the strain on county resources, further jeopardizing the timely administration of 19 justice and public safety; and 20 21 WHEREAS, the current funding formula where counties pay 80% of the expenses and 22 retain 20% of the revenues, does not adequately reflect the financial reality faced by counties, 23 necessitating urgent reform to ensure a fair and equitable distribution of court funding; and 24 25 WHEREAS, a more equitable state-county funding partnership, based on a 50/50 cost- 26 sharing arrangement, would require the State of Wisconsin to increase its contribution to court 27 costs by an estimated $70 million, thereby providing much-needed financial relief to counties. 28 29 NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of 30 Supervisors hereby respectfully requests that the State of Wisconsin increase its funding 31 contribution for the circuit courts to reflect a more equitable cost-sharing model, specifically 32 increasing the circuit court cost appropriation by $70 million to establish a 50/50 funding 33 partnership between the state and counties. 34 35 BE IT FURTHER RESOLVED that the State of Wisconsin consider increasing the 36 amount counties are allowed to retain from court-generated fees, fines, and forfeitures to provide 37 additional financial support for local court operations. 38 39 BE IT FURTHER RESOLVED that the State of Wisconsin assume full responsibility 40 for the Victim Witness Appropriation and reimburse counties for 90% of these costs, as 41 originally intended. Page 196 of 207 42 BE IT FURTHER RESOLVED that the St. Croix County Clerk is directed to forward a 43 copy of this resolution to the Governor of Wisconsin, the members of the Wisconsin State 44 Legislature, and the Director of State Courts to advocate for these necessary changes in state 45 funding for county court systems. Public Protection and Judiciary Committee Recommended MOVER: Cathy Leaf SECONDER: Paul Adams AYES: Paul Adams, Cathy Leaf, Bob Feidler, Tim Ramberg, Paul Carlson EXCUSED: None St. Croix County Board of Supervisors Action: This Resolution was ADOPTED by the St. Croix County Board of Supervisors on December 3, 2024 ___________________________________ ___________________________________ Bob Long, County Board Chair Christine Hines, County Clerk Page 197 of 207 Exercise to Prioritize Wisconsin Counties Association (WCA) Legislative Agenda Cover Memo To: Board of Supervisors From: Ken Witt, County Administrator Date: December 3, 2024 Agenda Item: Exercise to Prioritize Wisconsin Counties Association (WCA) Legislative Agenda Background Information: Alyson Sauter, Community Development Educator with UW Extension, will lead an exercise to prioritize WCA legislative items. WCA has identified 90 legislative items for the 2025-2026 legislative calendar. In February, members of the St. Croix County will join other county representatives in meeting with our local state legislators in Madison to talk about our priorities. The exercise will help narrow the list from 90 legislative issues to 4-6 issues that represent the most important issues to St. Croix County. The legislative items are numbered in the attachment and highlighted by staff member recommendation. Our exercise will start with County Board Supervisors nominating legislative items to be placed on the wall for consideration. The exercise will then involve Supervisors marking their top choices with an interactive exercise. We will review the results of the exercise and hopefully narrow the list to a manageable number. A resolution will be created for adoption the following month with the top choices. Our delegation to Madison will carry the consensus views of the County Board. Page 198 of 207 WISCONSIN COUNTIES ASSOCIATION Legislative Agenda 2025-2026 Page 199 of 207 There is no question that the most recent legislative session was the most successful two-year period for Wisconsin counties in a generation. The reshaping of shared revenue along with aligning state aid payments to growth in sales tax have assisted counties in delivering state-mandated services at the local level. Counties have long advocated for a renewed partnership between the state and county governments, and appreciate the progress made over the past 24 months. Yet, as we enter the upcoming 2025-2026 legislative session, significant challenges present themselves for all 72 counties and the taxpayers they serve. The most restrictive property tax controls in the country combined with inflationary pressures driving the cost of providing local services leave many local officials questioning the sustainability of the current state-county funding model. And, as one-time federal funds have been exhausted at the local level, there are very few options to fund services the state mandates and taxpayers expect. As we start this new legislative session, counties look forward to continued dialogue with state leaders. While these conversations will highlight the many innovative and cost-effective ways counties continue to deliver services, they must also cover the fiscal reality we live in – no longer can counties continue to deliver state-mandated services without increased investment from the state. Whether it be operating a state court system that is 70% funded by counties or human services programs where county investment outmatches the state ten-fold, we must continue to evaluate the effectiveness and sustainability of our funding structure. There is no question that counties serve as an “arm of the state” in many instances, but a strong state-local partnership is critical to ensuring our state remains a great place to live, work and raise a family. Counties are optimistic that the upcoming legislative session can build off recent success and we will continue to provide services more efficiently and cost-effectively than anywhere else in the country with the help of our state partners. Thank you for your continued support. Sincerely, Kyle Christianson, Vice President of Government Affairs Marcie Rainbolt, Government Affairs Associate Chelsea Shanks, Government Affairs Associate Dear State Leaders … LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 2 Page 200 of 207 Agriculture, Environment, and Land Use ▪(1) Increase funding for the county land conservation staffing and cost-sharing grant to $20.2 million in annual base funding. ▪(2) Bolster state and county efforts to identify and manage invasive species populations. ▪(3) Restore and support the sustainability of the state’s forestry account. ▪(4) Amend the definition of “county forest administrator” in administrative code to include experience to ensure all qualified county foresters are eligible for state grant funding. ▪(5) Develop a science-based framework that minimizes the impacts of wake boats [e.g., shoreline erosion, water quality degradation, and aquatic invasive species introduction and transport] while promoting local control. ▪(6) Improve the DATCP Farmland Preservation Program by increasing the statewide Agricultural Enterprise Area acreage cap to 3 million acres. ▪(7) Support funding for advocacy, education and testing to address the proper use of and disposal of PFAS (Polyfluoroalkyl substances). ▪(8) Ensure that counties have input in the establishment of acceptable levels of PFAS concentrations in groundwater and surface waters. ▪(9) Ensure counties have the ability to provide input to the Department of Natural Resources (DNR) in establishing groundwater quantity and quality criteria that are appropriate in each county and geologic region, reflecting decisions made at the local level. ▪(10) Provide counties with flexibility and autonomy regarding decisions made on shoreland zoning and other land use regulations. ▪(11) Provide continued funding for recycling programs, clean sweep, and medication collection programs. ▪(12) Increase funding for conservation efforts and support programs related to clean sweep, the Wisconsin Fund, agriculture and well testing. ▪(13) Modify Wisconsin’s livestock siting policy and ensure such legislation provides for increased local control and local cost savings while providing for regulatory certainty and flexibility for the state’s agricultural community. ▪(14) Support long-term reauthorization of the Knowles- Warren Stewardship Program, provided that local participation in the program is sufficiently preserved as determined by stakeholders. Further, amend state statutes to allow nature-based recreational development grants under the County Forest Subprogram. ▪(15) Increase support for the wildlife habitat grant from $0.05 per acre to $0.10 per acre and end the proration associated with the program. ▪(16) Increase the Times Standard Hours dedicated from the Division of Forestry to county forests from 46,000 to 52,000 hours. ▪(17) Establish a $25 fee to be remitted to the proper town or county jurisdiction for the maintenance of UTV/ATV routes. ▪(18) Clarify county authority under Wis. Stats. 66.0401, relating to renewable energy siting requirements. ▪(19) Provide counties with additional regulatory authority relating to tourist rooming houses and the interplay between occupancy numbers and water treatment requirements. ▪(20) Fully fund and fill all vacant positions at the Center for Land Use Education (CLUE). ▪(21) Establish a new program and funding for performance monitoring of new and existing septic systems. Photo credit: Kristi Schrampfer, Barron CountyPhoto credit: Kristi Schrampfer, Barron County LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 3 Page 201 of 207 ▪(22) Build on the long-term funding solutions passed in the 2023-25 biennial state budget to meet the state’s transportation needs. ▪(23) Continue investment in the maintenance of the county trunk highway system by increasing funding for general transportation aid payments to counties in an amount equal to 30% of the costs. ▪(24) Increase Mass Transit Operating Aids to reflect the growing costs for counties. ▪(25) Make additional investments in the Local Road Improvement Program [LRIP]. ▪(26) Increase funding for routine maintenance agreements (RMAs). ▪(27) Increase funding for the Specialized Transportation Assistance program for counties under Wis. Stat. 85.21. ▪(28) Enact a new funding program for local governments targeted at small bridge (6 feet to 20 feet) maintenance, repair, and replacement. ▪(29) Establish automated speed enforcement in work zones. ▪(30) Prohibit the use of cellular devices during the operation of a vehicle, with the exception of a “hands free” device. ▪(31) Amend Wis. Stat. 32.28 such that the condemning authority shall assume responsibility for payment for all legal costs in the circumstances where a jury verdict, as approved by the court under Wis. Stat. 3205 (11), exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least the amount in the offer plus 30%. ▪(32) Extend the supplemental appropriation for local road repairs and reclamation of the county trunk highway system (LRIP-S). ▪(33) Give counties complete control of UTV/ATV usage on the county trunk highway system. Transportation and Public Works Photo credit: Jennifer Paasch, Manitowoc CountyPhoto credit: Jennifer Paasch, Manitowoc County LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 4 Page 202 of 207 ▪(34) Support follow-up legislation to 2023 WI Act 235, the Judicial Privacy Act, to clarify the proper intent of the law. ▪(35) Eliminate the requirement to publish board proceedings in the newspaper. ▪(36) Increase funding for the County Veterans Service Officers (CVSO) Improvement Grant. ▪(37) Increase the competitive bidding threshold from current levels to $100,000, except for certain local government highway projects; change the publication requirements to allow more bids; and ensure all local governments comply with similar bidding thresholds. ▪(38) Remove the requirement to write the poll list number on ballots at central count locations. ▪(39) Allow, through municipal ordinance, the ability for clerks to canvass absentee ballots on the Monday before the election if they have the proper tabulating machines, security, and other provisions that ensure the integrity of the election. ▪(40) Provide additional aids to counties for the costs incurred to administer special elections including, but not limited to, the publication of required election notices, printing absentee ballots and envelopes, the design and printing of ballots and poll books, and programming electronic voting machines. ▪(41) Allow counties to retain a larger portion of the real estate transfer fee. County Organization and Personnel Langlade County CourthouseLanglade County Courthouse LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 5 Page 203 of 207 ▪(42) Increase the circuit court costs appropriation to reflect a more equitable share between the state and counties. ▪(43) Increase the Victim Witness Reimbursement appropriation. ▪(44) Increase the small claims filing fee, which has not increased in more than 10 years, from the current $22 to $42 and allow the county to retain $30.20 of the fee rather than $10.20 as it currently retains. ▪(45) Allow expert witnesses to appear by videoconference in certain civil actions. ▪(46) Increase state support to county emergency management by increasing the expenditure authority of the Wisconsin Disaster Fund and expedite the process under Wis. Stat. 13.10 to ensure communities get the aid they require in a reasonable amount of time after a disaster. ▪(47) Provide flexibility for retired officers to be rehired without restrictions to collect their pension. ▪(48) Eliminate the Department of Corrections’ ability to prorate probation and parole payments to jails. ▪(49) Increase funding for the statewide implementation of the Treatment Alternatives and Diversion Program and evidence-based decision making practices, including assistance in implementing new programs and training for employees. ▪(50) Amend state statutes related to filing fees in probate court. Provide for uniformity between fees charged in probate and fees charged by the Clerk of Court. In addition, support creation of statutory fees for items not currently subject to a filing fee in the Register in Probate office. Judicial and Public Safety 2013-2014 2021-2022 $143.8 M $17.4 M $45.8 M $186.9 M State StateCounty County State vs. County “Commitment” to Court Funding Court funding in Wisconsin was originally intended to be a “partnership” between the state and counties. Despite some increases in state funding, counties continue to provide the majority of funding for Wisconsin courts. State: Total state spending net of county remittance. Includes circuit court cost appropriation (GPR). County: Total county spending after remittance to the state. LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 6 Page 204 of 207 ▪(51) Modify the current annual levy limit adjustment to be based on the change in property values due to the greater of net new construction or 3%. ▪(52) Exempt economic development and public safety expenditures from levy limits. ▪(53) Allow counties to engage in short-term general obligation borrowing for operational expenses. ▪(54) Allow counties to impose a sales tax in excess of 0.5%, but not to exceed 1.5%. ▪(55) Increase representation in tax incremental financing decisions and increase transparency and predictability of tax incremental districts. ▪(56) Provide annual inflationary increases to county utility aid and include battery storage. ▪(57) Enforce the Managed Forest Law property limits by amending state law to close the LLC loophole. ▪(58) Amend the tax deed process to ensure counties are reimbursed for all costs associated with the tax foreclosure process. ▪(59) Require municipal public budget hearings to be held in a timely manner (e.g., by Nov. 15 or Nov. 20) to ensure municipal/county treasurers are able to deliver the property tax roll by statutory deadlines. ▪(60) Clarify in state statute what constitutes a “utility field” and a “solar field.” Green County CourthouseGreen County Courthouse Taxation and Finance LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 7 Page 205 of 207 GENERAL ▪(61) Regularly increase funding for major state aid programs that support county human services, including the Community Aids Basic County allocation, Children and Families allocation, Youth Aids, and Income Maintenance Administration allocation. ▪(62) Expand Medicaid eligibility as allowed under the Affordable Care Act. ▪(63) Establish a human service workforce grant program to support the recruitment and retention of county human service staff. AGING ▪(64) Fully fund Aging and Disability Resource Centers (ADRCs). ▪(65) Increase support for family caregivers. ▪(66) Support funding for specialized transportation in counties. ▪(67) Increase funding for Home-Delivered Meal (HDM) Services. BEHAVIORAL HEALTH ▪(68) Provide full state Medicaid funding for crisis services. ▪(69) Provide full state Medicaid funding for Community Support Programs. ▪(70) Support additional funding for Family Care managed care organizations to pay for placements in institutions for mental disease (IMDs) beyond the period of active mental health treatment. ▪(71) Establish psychiatric residential treatment facilities. ▪(72) Increase the Medicaid reimbursement per diem rate for crisis stabilization services. ▪(73) Support ongoing funding for the room and board costs of residential substance use disorder treatment CHILD SUPPORT ▪(74) Provide funding to modernize the child support IT system (Thrive System). CHILD WELFARE ▪(75) Expand eligibility for subsidized guardianship in youth justice cases under Chapter 938. ▪(76) Implement professional foster care model statewide ▪(77) Fund the education costs in residential care centers. LONG-TERM CARE FACILITIES ▪(78) Maintain systemic payment relief, including Medicaid rate increases, to support increased costs. ▪(79) Support additional resources for staff recruitment, training, and education to address the workforce shortage in long-term care facilities. ▪(80) Create fair and equitable reimbursement rates for Family Care providers to be more reflective of the costs of care and the workforce crisis. ▪(81) Support efforts for people living with dementia in skilled nursing and assisted living facilities by expanding the facility- based workforce, reforming payment, and addressing the associated regulatory challenges. ▪(82) Allow certified nursing assistants over 16 years of age to operate power-driven hoists. ▪(83) Offer the Wisconsin Nurse Aide Competency Exam in multiple languages. Health and Human Services — Continued on next page — LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 8 Page 206 of 207 ECONOMIC SUPPORT ▪(84) Support funding for Shares Child Care Subsidy Program changes to simplify eligibility and improve child care administration. LONG-TERM SUPPORT ▪(85) Eliminate the Children’s Long Term Support maintenance of effort requirement and replace it with increased funding in the state Medicaid budget. ▪(86) Increase funding for the Birth to 3 program and establish state financial responsibility for future increases in costs. ▪(87) Increase funding for the adult protective services system. ▪(88) Increase funding for the Alzheimer’s Family Caregiver Support Program. PUBLIC HEALTH ▪(89) Build and retain public health infrastructure through increased and flexible funding. ▪(90) Preserve public health authority for the control of communicable diseases and other public health threats. Birth to 3 Program by Source (2021) County Funding 35% State GPR 17% Federal 16% Medicaid 15% Community Aids (BCA) 12% Parental Cost Share 1% Private Insurance 1% Other 3% Health and Human Services ( continued… ) LEGISLATIVE AGENDA 2025-2026WISCONSIN COUNTIES ASSOCIATION wicounties.org | 9 Page 207 of 207