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Home My WebLink About040-1156-30-000 (2) CROIX COUNTY 116#~ A- PLANNING ZONING October 23, 2012 File#: LU87647 Joseph Meyers for MFRC LLC 256 Cove Rd. t Hudson, WI 54016 Code Administration 715-386-4680 Re: Land Use Permit for Replacement POWTS Land Information d in Ag-Residential and Lower St. Croix Riverway Districts, Town of Troy Planning Parcel #24.28.20.611 L - 253 Cove Rd. 715-386-4674 Real Prop e. Mr. Meyers: e ry 715-386- 7677 This letter confirms zoning approval according to plans submitted on October Rec}~cling 17, 2012 for the following activities that require a land use permit: 71a-386-4675 To replace a Private On-site Wastewater Treatment System (POWTS) in the Lower St. Croix Riverway District pursuant to Section 17.36.F.2.a.1) of the St. Croix County Zoning Ordinance and standards in Section 17.36.H.9. According to the plans your agent submitted, the proposed project consists of replacing a seepage pit (drywell) with a new code-compliant POWTS. Staff finds that the proposed activities meet the applicable St. Croix County Zoning Ordinances and the Lower St. Croix Riverway District based on the following findings: 1. The property is a legal non-riparian lot, is zoned Ag/Residential, and is located in the Rural Residential Management Zone of the Lower St. Croix Riverway District. The proposed land disturbance required to install a POWTS will not affect any slope preservation zones; 2. On February 15, 2011, a memo from Planning & Zoning Director Dave Fodroczi to the towns of Hudson, St. Joseph, Somerset, and Troy provided notification of the intent to authorize replacement of existing POWTS in the Riverway District using both a sanitary permit and a land use permit issued by state-certified county code administration staff. 3. The proposed replacement POWTS will eliminate the failing septic system by abandoning the existing tank and drywell and installing a new 1000 gal. septic tank with a filter to a conventional in-ground dispersal area as shown on the site plan; i ST. CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, W/ 54016 715-386-4686 FAx PZ@CO.SA/NT-CROIX.W1. US WWW.CO.SAINT-CROIX.WI.US 4. TI proposed excava ion an ins a F ion for the tank and new dispersal cells will result in approximately 900 sq. ft. of land disturbance and will be required to meet setbacks specified in SPS 383.43; 5. A sanitary permit application has been submitted for review and approval by POWTS-certified Zoning staff and the permit will include conditions that the land use permit be issued prior to excavation for the replacement POWTS; 6. The Wisconsin Department of Natural Resources will receive a copy of the application and land use permit. The Department previously concurred with the Planning & Zoning memo regarding replacement POWTS in the Riverway District; 7. If constructed as proposed, this project will meet the spirit and intent of the Lower St. Croix Riverway District. It will not degrade the scenic, recreational, or natural values of the St. Croix Riv alley, nor will it negatively affect the public health, safety and welfare of County residents. This land use permit approval is for replacement of a failing POWTS, as indicated in the plans submitted, and as provided in the conditions below: 1. Prior to commencing excavation for installation of the tank and non-pressurized in-ground POWTS, the applicants and/or their general contractor shall obtain a state sanitary permit. The applicant may need to obtain an after-the-fact Riverway zoning permit if required by the Town of Troy. 2. The applicants or their contractor shall contact the Zoning Administrator prior to commencing installation of the POWTS to schedule inspections as required in §SPS 383.26 and in Section 12.6.A.1 of county ordinance. 3. Erosion control measures must be implemented during excavation and, upon completion of the POWTS installation, seed and mulch cover must be applied to stabilize all exposed soils in compliance with requirements in Section 17.36.H.5a. 3 and 4. 4. The applicant shall comply with long-term POWTS maintenance and inspection requirements pursuant to §SPS 383.52(1) and Section 12.7.6 of the county ordinance. The applicant's agent will submit an as-built site plan to document actual locations of POWTS components in relation to house, lot lines, and wells. 5. All activities approved as part of this land use permit shall commence within one year from the date of approval and be substantially completed within two years, after which time the permit expires pursuant to Section 17.36 J.7 of the Ordinance. Prior to expiration, the applicant may request extensions of up to six months from the Zoning Administrator. The total time granted for extensions shall not exceed one year. 6. railure to comply with the conditions above may result in the revocation of this permit pursuant to Section 17.36 J.8.b of the Ordinance. ST.CROIX COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD, HUDSON, W1 54016 715-386-4686 FAX PZ@C0.SAINT-CR01X.WI. US WWW.CO.SAINT-CROIX.WI.US This ap oval does nfor any additional construction, grading, filling, or clearing of vegetation beyond the limits of this request. Any remaining site work above and beyond what is identifiejd.as part of this land use permit application shall be subject to the review and approval of the Zoning Administrator. Your information will remain on file in the St. Croix County Planning and Zoning Department. It is your respgnsibility to ensure compliance with any other local, state, or federal rules or regulations. Please feel free to contact me with any questions or concerns. Sinc y, mela Q nn Zoning Specialist as Zoning Administrator Epc: Land Use Permit #87647 Cc: Clerk, Town of Troy Mike Wenholz, Wisconsin Dept. of Natural Resources Jim Thompson, Contractor/Agent I i I ST.CROIX COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD, HUDSON, W/ 54016 715-386-4686 FAx PZ@CO.SAINTCROIX.W1. US WWW.CO.SAINT-CROIX.WI.US ~l• C"o, 4 lCof LAND USE PERMIT F'1°* 1' Office Use Only APPLICATION Revised 02-17-09 1tANNNG & WNNG APPLICANT INFORMATION Property Owner: ,~:[-O e /~e y~.S Contractor/Agent: A. e . Mailing Address: ,ZS(y CoW goad Mailing Address: 3510 ~ori 1a.~c 67. W"'dsah u x. sr / 16 66c" (A' S5/oz.0 Daytime Phone: (-11S ) 36 6 -8.538 Daytime Phone: 15 :2Ve9- M/ Cell: (w/Z).280' y7S.7 Cell: E-mail: E-mail: ~ar7 e'e . d SITE INFORMATION Site Address: 253 (?o at t,J/. 600; (a~'~•;<• lot 2 Property Location: 1/4, 1/4, Sec. ,Z T. 28 N., R. ZO W., Town of `0 Computer 0510 - //S& - 30 - 0,00 Parcel ~2 2-J LAND USE INFORMATION Zoning District (Check one). O AG. ( AG. II (✓fAG. RES. O RESIDENTIAL O COMMERCIAL O INDUSTRIAL Overlay District (Check all that apply): ( ) SHORELAND (mIVERWAY O FLOODPLAIN O ADULT ENTERTAINMENT Type of Land Use Permit Request (Check one): O Animal Waste Storage Facility $550 ( ) W' less Communication Tower (Co-location) $550 O Nonmetallic Mining Operation $550 ( ower St. Croix Riverway District $350 Signage $350 ( ) Shoreland $350 Floodplain $350 ( ) Temporary Occupancy $350 Grading & Filling, 12-24.9% Slopes $350 ( ) Livestock Facility $1,000 ( ) Other: O Permit processed in conjunction with a Land Division, Special Exception or Variance $50 State the nature of your request )00 t')Ts 1 17, 76, 1:57- Zoning Ordinance Reference 17 3 Nf SIGNATURE I attest that the information contained in this application is true and correct to the best of ny knowledge. Property Owner Signatu Datelozl -?I/ I-- Contractor/Agent Signature. S Date 0 ; NLY Complete Application Accepted: ,J/Z/ l?~ By. Fee Received:,Q/7/JZ-- $33~_ -z6 Receipt V 715-3864680 St. Croix County Govemment Center 715-386-4686 (Fax) PZACO.SAINT-CROMMUS 1101 Carmichael Road, Hudson, M 54016 W .CO.SA/NT-CROIX.WI.US r Si/cVa/uaz 7, ♦ EX/sfi ~1 y ~ ncde c led` / -woe rrl e y~r3' p~~~~ ire ,Pd. P~ o s~0 _/is6-3o -coo be, ~ z. o Qc~,s ti ~CqL~ CLr,crc ~c ocr,✓e.,Jas, of ~p~ . l ` . 51 `54SThf 3031 AreA054~(~7ieSC~ ~icrvEc ,App~uX.locaoY18{axi3un\ S.T. cvLf0/,.Z 50 -rr -Se~c~a~f' b&LZ,70 n-e a S ?-r dao'e. \ ~ l t t` a64-n~u~{ as~Otr COdE. t tt t ~ tt ~ L t t ~ 1 ' t ao5I0e ttl ~ ~ ~,t ; L~Skk` III t t v. ~ t 1 1 t l it ~1 ~ 4 yS,OT t 1 t t t t 1 l f'y!0 ~C°rnfau-/ t t 63 t t 1 y,d , T n . o { /o A.C.E. Soil & Site Evaluations Applicant: Joe Meyers 256 Cove Road Hudson, WI 54016 A ent: James K. Thompson 340 Paulson Lake Lane Osceola, WI 54020 Permit Request: Land Use Permit - Filing & Grading, <10,000 sq. ft. outside Slope Preservation Zone within the Lower St. Croix Riverway District as required by §17.36 F.2a.2 Protect Description: The site is located 253 Cove Road, Gov't. lot 2, Sec. 24, T.28N., R.20W., Town of Troy, St. Croix County, WI., identified by the St. Croix County Real Property Listers Office as parcel #040-1156-30-000. The parcel is separated from the St. Croix River and associated critical slopes by Cove Road on its Northwest side and by Cove Lane on its southwest. The site is not visible form the St. Croix River. The proposed project includes the replacement and abandoned of an existing hydraulically failed POWTS septic tank and drywell. Abandonment will be accomplished by removing all liquid waste and filling with compacted sand fill. A connection will be made to the existing building sewer at 5'/2' below grade and will be extended from the southwest side of the house within a trench at 4' wide and 5'/Z' - 3'h' deep. Total trench length will be approximately 30'. A 1,250 gallon concrete septic tank will be installed requiring an excavation of approximately 10' wide, 14' long and 7' deep. The trench will then be extended approximately 20' to the beginning of the in ground dispersal cell. The dispersal cell will be 12' wide x 83' long and installed at 5'/z' - 6'/z' below existing grade. The total area of disturbance for the project will be approximately 1,500 square feet, complying with the requirements of the St. Croix County Lower St. Croix Riverway Zoning Ordinance, Chapter 17.36 F.2a.2. The proposed POWTS location is greater than 300' landward of the slope preservation area and located on the opposite side of Cove Road. The floodway and floodplain are greater than 600' form the project area. There are no wetlands on the site. All slopes within the proposed project area extend away from the River with no continuous slopes leading to Slope Preservation Zones. Slopes across the area of disturbance fall to the southwest and away from the River at approximately 6 - 10 There are no drainage ravines present. The proposed area of disturbance will be stripped of topsoil immediately prior to construction of the POWTS. Topsoil will be stockpiled adjacent to the system area. A 100' undisturbed vegetated area will exist around the area of disturbance. Excavations for material installation will be completed immediately prior to, and will be closed immediately after installation of materials. Topsoil will be replaced within 4 hours of completion of installation. Re-vegetation will consist of spreading grass seed and/or straw mulch across all areas of disturbance upon completion of project. Three Maple trees of approximately 6" - 10" diameter and one Basswood at 16" diameter will be removed to accommodate the installation. 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This does not include 715-386-4675 applications for installation of new POWTS. We have received the concurrence of the Wisconsin Department of Natural Resources to initiate this method of processing applications to replace failing POWTS in a timely manner. ....y 110 Repair or replacement of POWTS that service existing dwellings along the St. Croix River can present unique problems based on site limitations. There have been { several recent cases where replacement of failing POWTS have been delayed for months while awaiting approval of special exception permits or variances due to the project's inability to meet setbacks from blufflines, OHWM, slope preservation zones, etc. Failing POWTS often pose serious health and/or environmental hazards that need to be remedied as quickly as possible. We have cooperatively developed this policy with Wisconsin Department of Natural Resources staff based upon the following interpretations of NR 118 and our County Riverway Ordinance: • NR 118.05(1)(a) lists single family homes and accessory uses as permitted in all management zones if the standards in NR 118.06 are met; • NR 118.06O 7 Private On-site Wastewater Treatment Systems states that POWTS "shall be constructed in accordance with requirements of ch. Comm 83 P St. Croix County Riverway District ordinance Section 17.37.F.2.a.1) allows single family residences and accessory uses subject to standards in 17.36 H. and with a land use permit from the County Zoning Administrator. POWTS are an accessory use associated with single family homes, therefore replacement may be allowed with a land use permit; ST. CRO/X COUNTY GOVERNMENT CENTER 715386.4686 FAX PZ@CO.SAINTCROIX.WI.US 110 1 CARM/CHAEL ROAD, HUDSON, W/ 54016 WWW.CO.SAINTCROIX.WI.US I • Section 17.36.H.9 requires POWTS to be constructed in accordance with Comm 83 and with Capter 12 Sanitary Ordinance; and • As the agency responsible for administering and enforcing these regulations, our department's certified POWTS inspectors will ensure that POWTS installations within the Riverway District are d-pne in compliance with both the Sanitary Code and Riverway Ordinance. Based on Me interpretation that POWTS are permitted as an accessory use, we will simultaneously issue zoning _7and use permits and sanitary permits for installation of replacement POWTS in the Riverway subject to requirements in Comm 83. This will allow our code administration staff to complete th`e entire plan review and approval process in a reasonable time-frame. Land use permit conditions will' include obtaining a sanitary permit and addressing applicable items in Section 17.36 H. performance standards, including filling and grading, stormwater management, erosion control, and revegetation.~Code administration staff already makes it a priority to document compliance with zoning permit conditions when performing required POWTS installation inspections, which includes photo documentation of the completed project. Compliance efforts by plumbers installing replace ent POWTS on Riverway properties in the past few years have been very successful. Thank you for the cooperation of Town Plan Commissions and Town Boards for this approach to dandling this particular type of land disturbance within the Riverway District. Copies of applications nd permits issued to residents in your town will be sent to the Town Clerk. If you have any questions bout the process, please contact myself or Code Administrator Kevin Grabau at 386-4680 or p o.saint-croix.wi.us. WaL, PC: Vkt, Bob Baczynski, WI DNR Water Team Leader E Leroy Jansky, WI Dept. of Commerce Wastewater Specialist f ~x E _ c-: dY C Sr CRO/X COUNTY GOVERNMENT CENTER 715386,4686 FAX PZ@CO.SAINT-CROIX.M.US 1101 CARMICHAELROAD, HUDSON, WI 54016 WWW.CO.SAINT-CROIX.V&US