HomeMy WebLinkAboutOrdinance 2005 (715) AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES:
REPEAL OF CHAPTER 18 AND CREATION OF CHAPTER 13;
AND AMENDMENTS TO CHAPTER 17, SECTIONS 17.09, 17.12, 17.13, 17.14, 17.15,
17.18, 17.19, 17.21 and 17.60-17.64
Ordinance No.J I
St. Croix County, Wisconsin
The St. Croix County Board of Supervisors does ordain as follows:
WHEREAS, the St. Croix County Board of Supervisors adopted the St. Croix County
Development Management Plan under section 59.69 (3), Wisconsin Statutes, in March 2000; and
WHEREAS, the St. Croix County Development Management Plan includes several
recommendations for authorizing and encouraging conservation design development; and
WHEREAS, the authorization and implementation of conservation design development requires
amendments to the County's Subdivision Ordinance (Chapter 18) and Zoning Ordinance
(Chapter 17); and
WHEREAS, none of these ordinances has been substantially revised since 1991, and they need
to be updated to conform to several governing state statutes and administrative codes; and
WHEREAS, the Planning and Zoning Committee and related County departments have
identified other needed amendments based on their ongoing administration of the ordinances.
THEREFORE, Chapter 18, Subdivision Ordinance, is hereby repealed and the attached "County
Board Draft" of Chapter 13, Land Division Ordinance, dated November 29, 2005, is hereby
enacted as Chapter 13, Land Division Ordinance, of the St. Croix County Code of Ordinances;
and
THEREFORE, Chapter 17, Zoning Ordinance, of the St. Croix County Code of Ordinances is
hereby amended to include the attached "County Board Draft" of Zoning Ordinance
Amendments dated November 29, 2005; and
The new enactment and ordinance amendments shall take effect on January 1, 2006.
Offered by the Planning and Zoning Committee on December 7, 2005.
NEGATIVE AFFIRMATIVE
410 A�jj-p
Reviewed on 2005.
-(4A C
Greg'Vimmen-nan, Corporation Counsel
Duly adopted on December 13, 2005.
Cindy Campbell, County Clerk
County Board Presentation - Why Amending Ordinances.-
Land Division Ordinance & ■ Create authority and process for
conservation design subdivisions
Amendments to Zoning Ord. ■ Bring into compliance with statutory
language and requirements
■ Improve administration and
enforcement
December 13, 2005 ■ Language and procedural
Government Center, Hudson improvements
Adoption/Approval
Materials Provided Authority
■ Summary of Changes Based on ■ County Adoption, Administration and
Public Hearing Comments Enforcement
■ Chapter 13 Land Division Ordinance ■ Land Division, WI Stat., s.236.45
w/ Tracked Changes ■Specific Provisions May Require Town
■ Chapter 17 Amendments w/ Tracked ordinance Revisions to Implement
Changes ■ Zoning, WI Stat., s.59.69 (4)-(5)
■ Ordinance to Adopt Amendments ■Subject to Town Disapproval Authority
1
Project History County Board Direction
■ 15t Public Hearing February 2004 ■ Revise ordinance to incorporate
■ 3 Information Meetings March 2004 Cooperative Agreement language
■ 2 Information Meetings June 2004 ■ Language Added
■ 2nd Public Hearing June 2004 ■3 Workgroup meetings - Developed
framework for Cooperative Agreement
■ County Board August 2004 ■ Presented to Towns November 2005
■Very positive response from towns
2005 Review Process Public Hearing & Comment
■ 2 Town/Public Input meetings March ■ Public Hearing Comment Period
■ 3 Additional Town/Public Information November 2-17
meetings September ■ 21 Oral & Written Comments
■ Public Hearing November 2 Submitted:
■Town meeting on Cooperative ■8 Individuals. 6 Developers
Agreement Framework November 28
■4 Towns
■2 Staff
■ 1 Agency
2
Changes Recommended to Preliminary & Final Plat
County Board Approval - Existing
■ 20 Changes recommended ■Approval at Committee meeting
■ 5 Subjects repeated in 4 or more ■ No public hearing
comments
■ Plats/Subdivisions meeting
■Preliminary & Final Plat Approval ordinance standards are
■25% Slope Limit approved
■# Lots on a Road
■Financial Assurance
■Setbacks
Preliminary & Final Plat Preliminary & Final Plat
Approval - Proposed Approval - Changes
■ Zoning Administrator approval of ■ Require summary report of each
plats/subdivisions that meet the subdivision to Committee
standards of the ordinance ■ Preliminary Plat Applications
■Any interpretations of subdivision Identified on Committee Agenda
standards goes to the Committee
■ All Conservation Design
Developments go to the Committee
3
25% Slope Limit 25% Slope Limit - Changes
■ Upper limit for all slope ■ Slope disturbance limit raised from
disturbance at 25% slope too 25% to 30% slope for public
limiting improvements
■ Slope disturbance limit left at 25%
for private improvements
■ Change made to Subdivision &
Zoning
■ Waiver & Variance Available to
Exceed Limit
# Lots on a Road # Lots on a Road - Change
■ Emergency access concern -- ■ Number decreased -
Number of lots at which 2 public Developments over 30 lots will
road accesses will be required require a 2nd public road access
■Towns recommended decreasing
from 40 to 30 lots
■ Developers recommended increasing
from 40 to 50 lots
4
Financial Assurance Financial Assurance
■ Proposed ordinance requires all ■ Existing 120% Financial
improvements be completed prior to Assurance available to complete
final plat approval improvements -- County has
■ No lot sales, no home construction obligation to public
prior to final plat approval ■ No residences, no obligation to
■ Support from Towns and complete improvements
Development Industry
Financial Assurance Financial Assurance - Changes
■ Financial Assurance reduced to ■Suggested restoring previous
25% to stabilize and secure the level of 100-120%
site ■ Percent Financial Assurance
■ New owner/developer required raised from 25% to 50% of
to complete the improvements Total Cost of Improvements
& provide a new Financial
Assurance
5
Front Yard/Highway Setback Front Yard/Highway Setback
Existing - Proposed
■Setbacks measured from the ■ Proposed setbacks:
Right-of-Way to the building line ■ 50' State/Federal
■ Existing setbacks: ■ 50' County/Local
■ 50' State/Federal ■ 25' Subdivisions, including
■ 100' County/Local Conservation Design
■ 50' Subdivisions Development
Front Yard/Highway Setback
Front Yard/Highway Setback - Changes
■ Concern proposed setbacks are too ■ Proposed setback increased
small from 25 feet to 50 feet within
■ District DOT does not support subdivisions
greater than 50' setback ■ Proposed setback increased
■ Staff research recommended 50' from 25 feet to 35 feet within
setback on County/local roads, 25'- Conservation Design
30' within subdivisions
Development
6
Chapter 13 County Board Draft November 29, 2005
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13.8 CONSTRUCTION WITHINSUBDIVISIONS & FINANCIAL ASSURANCE
A. CONSTRUCTION INITIATION
1. STANDARD
a.,,._,_All_land_.gradn ,_site.._preparation_and improvements required
prehmmaiy._platv_shall occur prior to.approval of the,final plat or final..certified_sur...
map...
R. µ RE IIIRED INSTALLATIONS
1 STANDARDS
a. Any public improvements required by this ordinance must be required by the town in
which.the._subd subdivision ...... under author of W sconsin_Statutes_„ 236.13.(2 (aaaa
pnor_to the approval of the prehmmary or final plat
b. The subdivider shall have survey monuments installed in accordance with the
re"quirements.of Wisconsin Statutes..§_236._l5 and.._as,may be._required,.,bythe._Zonng
Administrator.
c__The subdivider_shall install.all.,required_stormwater drainaae,_features.,_as required_inthe
stormwater.management..plan_
d. The subdivider shall construct or install all erosion and sediment control measures
specified in the erosion and sediment control and stormwater management plan. If the
erosion and sediment control features are damaged or altered by any means, the
restoration of them shall be the responsibility of the subdivider unless the subdivider
has,by written agreement assigned responsibility for maintenance to the owner of the
lot on which the damage or alteration occurred.
e. Any road intersecting with a public road, and any road serving more than two lots, shall
be improved by the subdivider, including;necessary bridges culverts and ditches, to
standards established by the town or standards found within 13.7. B.
2. TIMEFRAME
a. The installation of the required improvements or removal of existing features and
temporary management structures will be identified in the construction plans or a
Developer's Agreement.
b........__All_required._mprovementsahall be..installed and comleted_in_substantial.._conformance
with the approved_plans.and as_specified in the construction pla1.ns or a_Developer's
Agreement within one year following..the effective date__of_the initial financial
assurance..
c..".",""."_A_Developer's,._Agreement.,may._contain_,provisions.toaddress„the failure.,to,._install
required improvements within_one year. such penalties and the use of financial
assurances._to.pay,_those,.,.penaltes..
d. If the required improvements are not installed within one year, then the Zoning;
Administrator may subject the subdivider to forfeitures and use the financial assurance
to stabilize the site.
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13-68 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
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C"OMMOIN '11,� RM`)' AN11)
PRINCIPAL CONSERVATION AREA
EXISTING FARM
CLUSTER SIZE 6 MINIMUM-16 MAXIMUM
RADIUS NY
AGRICULTURAL LAND
WE I LAND
79
COMMON OPEN SPACE
IOU' X
12 ROUP D
MI EDLAK:
SLOPES 25%
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30'
I PARK AREA I
COMMON OPEN SPACE
wo.
%w CLUSTER GROUP F
INTERNAL OPEN SPACE
z 'IRAINAG11 WAY
lz
COMMON OPEN SPACE
75'
EXISTING TOWN ROAD
St. Croix County Land Division Ordinance 13-67
ST
CRO�x cOUNTY
PLANN N ONNG
MEMO
DATE December 2, 2005
To: County Board Supervisors
FROM: Planning and Zoning Committee
Code Administration'
715 386 4680 RE: Review and Adoption of Land Use Ordinances & Amendments
Land Information
Planning
715-386-4674 We are submitting the attached Land Use Ordinances for your review and
consideration at the December 13tn County Board meeting. Included are Chapter
Real Property 13 Land Division Ordinance which would replace Chapter 18, Subdivisions, and
715-386-4677 associated amendments to Chapter 17, Zoning Ordinance, specifically Sections
17.09 Definitions, 17.12 General Provisions, 17.13-17.19 Districts, 17.21
Recycling 715-386-4675 Conservation Design Development, and 17.60-17.64 Road Or Highway Setbacks,
Access and Driveways. The adopting ordinance for these amendments will be
developed with Corporation Counsel and distributed with your County Board packet
next week. A summary of the ordinances will be presented at the County Board
meeting. We ask that you carefully review these materials.
The Planning and Zoning Committee held a public hearing on the proposed
ordinance and associated amendments on Wednesday, November 2, 2005. Oral
and/or written comments were received from 21 participants. The comments and
related changes the Committee is recommending are summarized in the attached
table. If you would like to review the submitted comments, please contact the
Planning and Zoning Department and they will be sent to you.
If you have any questions or would like to discuss the ordinances before the County
Board meeting, feel free to contact Chairperson Jan Zoerb at 425-2546, Planning
and Zoning Director Dave Fodroczi at 386-4672 or Planner Ellen Denzer at 386-
4673. The materials can also be viewed and downloaded on the County website at
http://www.co.saint-croix.wi.us/ . Use the link, "Draft Land Use Ordinance
Materials." Copies are also available from the Planning and Zoning Department.
Thank you for your review and consideration. We look forward to the County Board
meeting on December 13tn
Pc: Cindy Campbell
Chuck Whiting
Greg Timmerman
ST.CROIX COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD, HUDSON, W1 54016 715-386-4686 FAX
PZ@CO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.US
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ST. IX COUNTY
CODE OF ORDINANCES
LAND USE AND
DEVELOPMENT
CHAPTER 13
LAND DIVISION
N v m 200
5
LINTY AD DRAFT
ST. CROIX COUNTY PLANNING AND ZONING DEPARTMENT
GOVERNMENT CENTER
1101 CARMICHAEL ROAD
HUDSON, WI 54016
715-386-4680
715-386-4686 FAX
WWW.00.SAlNT-CR0lX.Wl.US
November 29, 2005 Chapter 13 County Board Draft
TABLE OF CONTENTS
13.1 Introduction K
A. Title, Authority And Effective Date.....................................................................................)
I. Title.............................................................................................................................l
2. Authority.....................................................................................................................I
3. Effective Date .............................................................................................................l
4. Ponx,au----------.---------...-----.-------.---.—.]
B. Applicability and Exemptions—.-----.-----------.------.----.—.-2
1 Compliance and Requirements---.---~—.------------.---.--.2
` 2 �u� ������o�
. x�ouuU/�� uua...................................................................................3
3. Exemptions --------------.----.~----.-------------S
^ C. Interpretation------.----------.------------.---------..4
l. Abrogation --------------...-----..----------------4
2. Liberal Construction ...................................................................................................4
I Severability and -------.-----.-----..----_.---4
13'2 Application and Review of Preliminary Plats for Major Subdivisions 5
A. Concept Review...................................................................................................................5
l. Standards.....................................................................................................................5
B. Preliminary Plat Application................................................................................................b
]. Standards.....................................................................................................................h
Z. Data{)o The Plat.........................................................................................................6
3. Additional Submittals .................................................................................................8
C. Additional Application and Review Standards for Conservation Design Development—ll
l. Additional Submittal Requirements---------.-----------.---.lI
Z. Conservation Design
Development Site Analysis ....................................................ll
]. Conservation Design Development`/ic]d Plan ........................................................I3
4. Restrictive Agreement on Common Facilities and Common Open Space...............lS
5. Ownership oF Common Facilities and Open Space..................................................l3
6. Maintenance of Common Facilities and Common Open Space...............................l5
D. Additional Information ......................................................................................................l7
l. Concept, Preliminary and Conservation Design Development Review...................l7
13,3 Procedure for Preliminary Plat Review and Decision 18
^ A. Major Subdivisions............................................................................................................18
. l. SubuiUu}u ------------------.------------------.]8
Z. Review Proocma---------------.-------.------------]X
3, Decision....................................................................................................................l8
13'4 Application and Review af Final Plats 20
A. Major Subdivisions............................................................................................................2U
l. Submittals .................................................................................................................2U
2. Standards...................................................................................................................2O
3. Legibility Standards..................................................................................................20
z[ Approval Process......................................................................................................2I
13.5 Minor Subdivisions 23
Chapter 13 County Board Draft November 29, 2005
I. Standards...................................................................................................................29
2. Legibility Standards..................................................................................................23
3. Approval Process ......................................................................................................23
&3.6 Replats ]4
A. Application and Procedures...............................................................................................24
l. Standards...................................................................................................................24
13.7 Design Standards for Major and Minor Subdivisions 25
/\. Purpose and Requirements--------------------------------.25
l. Purpose---------------------------------------.25
2. General Design Standards.........................................................................................25
B. Roads..................................................................................................................................26
I. Design Objectives and Jurisdiction...........................................................................26
2. Design and Construction Standards..........................................................................Z6
9. Road Layout Standards.............................................................................................38
4. Road Names..............................................................................................................4l
5. Bicycle and Pedestrian Ways....................................................................................4l
C. Land Disturbance Restrictions...........................................................................................42
l. Standards...................................................................................................................42
D. Utility Easements...............................................................................................................42
]. Standards...................................................................................................................42
E. Storniwater Management and Erosion and Sediment Control Plans.................................43
l. Design Stoudurda ----------------.----------------../1S
F. Drainage Easements...........................................................................................................44
]. Standards...................................................................................................................44
(}. Lots ....................................................................................................................................44
l. General Design Standards.........................................................................................44
2. Lot Area Standards....................................................................................................45
l Lot Access Standards................................................................................................4N
H. Landscape Screening and Buffer Area...............................................................................52
}. Purpose and Application---------------.------.------.--52
2. General Standards.....................................................................................................52
3. Minimum Landscaping Standards ............................................................................S3
4. Landscaping Plan......................................................................................................54
5. Landscape Materials .................................................................................................54
d. Installation.................................................................................................................54
l Parks and Parkways ----.-------------------------------.55
l. Standards...................................................................................................................55
J. Design Standards For Subdivisions Intended For Commercial oz Industrial Use.............55
l. Purpose---------------------------------------.55
2. General Supplemental Design and Improvement Standards.....................................5S
3. Supplemental Utility Standards ................................................................................5h
4. Supplemental Road Standards ..................................................................................5b
5. Supplemental Lot Standards .....................................................................................56
K. Conservation Design Development for Major Subdivisions .............................................57
l. Applicability------------------------------------..57
2. Purpose------------------.--------------------.57
VON 123
13-ii 31 Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
3. Density Standards .....................................................................................................58
4. Residential Base Density ..........................................................................................5X
5. Residential Gross Density.........................................................................................58
6. Prescribed Lot Area ..................................................................................................5A
7. Minimum Common Open Space Area.......................................................................59
8. Design and Dimensional Standards for Cluster Groups ...........................................5g
4. Design Standards for Common Open Space Areas....................................................h/
lO. Landscaping for Conservation Design Development.................................................h4
13,8 Construction within Sobdivimionm & Financial Assurance 60
A. Construction Initiation.......................................................................................................68
l. Standard....................................................................................................................68
Q. Required Installations ........................................................................................................6A
` l. Standards...................................................................................................................b8
2. Timufrooze.................................................................................................................b8
C. Financial Assurance...........................................................................................................b9
I. Purpose......................................................................................................................
Z. Assurance..................................................................................................................69
3. Maintenance of Common Facilities and Open Space...............................................h4
4. Form..........................................................................................................................7O
D. Release of Assurance.........................................................................................................7U
l. Decision Process.......................................................................................................70
2. Partial Approval or Denial........................................................................................70
13.9 'n Agreement 71
A. Authority and Purpose -----------...—.--...---.----------..7I
L Authority----------------------.------.--.-------7l
2. Purpose------..-----------------------.--..—_----.71
B. Standards............................................................................................................................7l
I. Process ......................................................................................................................7l
2. Requirements -----------------.—..—.--------------..7l
9. Termination...............................................................................................................72
13.10 Waiver, Setback Reduction and Administrative AmmeuN 74
A. Waiver of Design Standards ..............................................................................................74
I. Purpose......................................................................................................................74
, Z. Application for Waiver.............................................................................................74
3. Conditions.................................................................................................................74
, 4. Approval Process......................................................................................................74
5. Decision ....................................................................................................................74
B. Road Setback Reduction....................................................................................................75
l. Standards...................................................................................................................75
C. Administrative Appeal----.---------------------------.--J5
l. [)noioiooy Appealable................................................................................................75
2. Procedure For Appeal ............................................................................................... 5
13,11 Fcom 76
A. Standards............................................................................................................................7h
I. Standard Fees............................................................................................................76
St. Croix County Land Division Ordinance 13-iii
Chapter 13 County Board Draft November
IFif
2. Extraordinary Fees....................................................................................................76
lImpact Fees...............................................................................................................7b
13.12 Violations and Forfeitures 77
A. Authority—.-------------------------_--.—..—.—....---.77
l. Standards...................................................................................................................77
2. Procedures.................................................................................................................77
3. Forfeitures.................................................................................................................77
13.13 Definitions 70
A. Pnnpoac---------.-----.--------------------------.78
l. Interpretation.............................................................................................................78
B. Definitions..........................................................................................................................7X
13.14 Index 04
A. —..---_---------.--.---.------------------------.N4
I. —_..—.—_.-----.-----.-------------------------..A4
13'iv St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
PON ENRON
ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT
CHAPTER 13 — LAND DIVISION
The Board of Supervisors of St. Croix County, Wisconsin, does ordain as follows: The
subdivision ordinance, Chapter 18 as amended, is repealed and recreated as follows:
13.1 INTRODUCTION
A. TITLE, AUTHORITY AND EFFECTIVE DATE
1. TITLE
a. This ordinance shall be cited as the "St. Croix County Land Division Ordinance" and
hereinafter referred to as the "ordinance."
2. AUTHORITY
a. This ordinance is authorized by Wisconsin Statutes Chapters 236, 145, 92 and 281 and
§§ 59.69.,-5%-54.(4) and 87.30 and Wisconsin Administrative Code Chapter NR 151.
b. Any amendments, repeals or recreations of the statutes relating to this ordinance are
incorporated into this ordinance by reference as of the effective date of the amendment,
repeal or recreation.
c. The County planning agency also has the authority to require submittal of copies of a
preliminary or final plat within a village or city to determine if it has any objection to
the plat on the basis of conflict with park, parkway, expressway, major highways,
airports, drainage channels, schools, or other planned public developments, pursuant to
Wisconsin Statutes § 236.12.
d. In any town that has adopted a subdivision ordinance under Wisconsin Statutes §
236.45, the County may enter into a cooperative agreement under Wisconsin Statutes §§
236.10(4) and 66.0301 for the cooperative exercise of authority to approve or review
plats.
3. EFFECTIVE DATE
a. This ordinance shall be effective on January 1, 2006. Ordinance No. ???/2005 Repeal
of Chapter 18 and Creation of Chapter 13.
4. PURPOSE
a. The purpose of this ordinance is to regulate and control land divisions within St. Croix
County in order to promote the public health, safety, general welfare, esthetics,
environmental quality and to implement the goals, objectives and policies of the
adopted St. Croix County Development Management Plan and St. Croix County Land
and Water Management Plan.
St. Croix County Land Division Ordinance 13-1
Chapter 13 County Board Draft November 29, 2005
b. Among other ways, this can be accomplished by: requiring an orderly layout and use of
land; preventing undue concentrations of population; preventing congestion on
highways, roads and streets; securing safety from fire, panic and other dangers;
requiring adequate light and air; providing for Conservation Design Development;
facilitating the adequate provision of water, sewer, transportation, surface drainage,
erosion and sediment control and stormwater management systems; and schools, parks,
playgrounds and public facilities.
c. These regulations are made with reasonable consideration of the character of St. Croix
County with a view of conserving the value of the buildings placed upon the land,
providing the best possible environment for human habitation and for encouraging the
most appropriate use of land throughout the County.
B. APPLICABILITY AND EXEMPTIONS
1. COMPLIANCE AND REQUIREMENTS
a. No person, partnership, corporation or other entity shall subdivide any land in the
unincorporated areas of St. Croix County subject to this ordinance without complying
with all of the following:
1) Wisconsin Statutes Chapters 236 and 144 and §§ 59.69 and 87.30.
2) Rules of the Wisconsin Department of Administration(WDOA) that administers
Wisconsin Statutes §§ 236.13(2m), 236.15, 236.16, 236.20 and 236.21(1) and (2).
3) Rules of Wisconsin Department of Transportation(WDOT) relating to safety of
access and the preservation of the public interest and investment in the highway
system if the land owned or controlled by the subdivider abuts on a state trunk
highway or connecting road (Wisconsin Administrative Code Trans. 233).
4) Rules of the Wisconsin Department of Natural Resources (WDNR), including
Wisconsin Statutes Chapter 30 and Wisconsin Administrative Code NR
102,103,115,116,118 and 15 I.
5) All St. Croix County land use regulations, including this ordinance and all other
applicable local and County regulations, including but not limited to:
a) § 17.36 Lower St. Croix Riverway Overlay District.
b) § 17.40 Floodplain Overlay District.
c) § 17.25 Shoreland Zoning.
d) Chapter 12 Sanitary Ordinance.
6) Dedication of lands for roads, highways,parkways, parks, playgrounds,
waterways and public transit facilities. Whenever a parcel of land to be divided as
part of a major subdivision within the jurisdiction of this ordinance encompasses
all or any part of a road, highway, parkway, park, playground, waterway or public
transit facility which has been designated on a duly adopted village, town or
County comprehensive plan, it shall be made a part of the subdivision and
dedicated in the locations and dimensions indicated in said plan and as set forth in
§ 13.7 B. 1. of this ordinance.
13-2 St Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
b. No land shall be subdivided which is found by the St. Croix County Zoning
Administrator(Zoning Administrator) to be inappropriate for use by reason of
significant flooding, poor drainage, unsuitable soil or rock formations, severe erosion
potential, unfavorable topography, or any other feature likely to pose a significant threat
to the health, safety or welfare of future residents or landowners in the proposed
subdivision or of the community.
c. A condominium plat prepared pursuant to Wisconsin Statutes § 703.11, and other
applicable statutes, shall be subject to this ordinance. The condominium plat shall be
reviewed by the Zoning Administrator in the same manner as a subdivision plat, comply
with applicable design standards and provide for the installation of required
improvements.
2. ROUNDING RULE FOR CALCULATIONS
a. The following rounding rule shall be applied to all calculations of standards and
requirements in this ordinance: unless otherwise specifically provided, fractional values
of a whole unit are rounded down to the nearest whole unit.
3. EXEMPTIONS
a. The following are exempt from this ordinance:
1) The creation of less than five parcels for purposes of executing terms of a will or
court order. The Zoning Administrator shall periodically request local courts to
order parties to obtain advisory review of land divisions created by will or court
order for compliance with this ordinance prior to the issuance of a court order.
2) Leases creating less than five parcels for terms not to exceed ten years, easements
or mortgages.
3) The sale or exchange of parcels of land between owners of abutting property are
exempt:
a) If additional lots are not thereby created;
b) If the parcels resulting are not reduced below the minimum lot length, width
and area dimensions required by this ordinance or other applicable laws or
regulations; and
c) Where a certified survey map is recorded to document and identify the
modified parcels.
i. This certified survey map is not subject to the review process or any
applicable fees associated with a minor subdivision, but must be reviewed
by the Zoning Administrator for confon-nance with this exemption.
ii. Where parcels will remain at 35 acres or more and an affidavit is recorded
to properly adjoin the land being transferred to the original parcel, the
Zoning Administrator may waive the certified survey map requirement.
4) Cemetery plats made under Wisconsin Statutes § 157.02.
5) Assessors' plats made under Wisconsin Statutes § 70.27.
b. The document,plat or survey map shall identify the specific exemption claimed.
Anyone using an exemption described in this section shall be subject to prosecution
under this ordinance if the Zoning Administrator subsequently determines that the
exemption was not available.
YER010
St. Croix County Land Division Ordinance 13-3
Chapter 13 County Board Draft November 29, 2005
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c. A parcel or lot created by virtue of any exemption under this section is not exempt from
other applicable regulations. Any parcel or lot that-does-not-satisfy-the standards of any
regulation or law as to characteristics-such-as parcel or lot-size or dimension5 standards
governing waste disposal5 or the-like-shall not be eligible for relief from such standards
by variance or otherwise.
C. INTERPRETATION
1. ABROGATION
a. It is not intended that this ordinance repeal, abrogate, annul, impair or interfere with any
easements, covenants, deed restrictions, agreements, regulations or permits. However,
where this ordinance imposes greater restrictions, the provisions of this ordinance shall
govern.
2. LIBERAL CONSTRUCTION
a. The provisions of this ordinance shall be liberally construed in favor of St. Croix
County and shall not be construed to be a limitation or repeal of any other power now
possessed or granted to St. Croix County. If there is a conflict between this ordinance
and any other ordinance of the County, the provisions of this ordinance shall govern.
3. SEVERABILITY AND NON-LIABILITY
a. If a court of competent jurisdiction adjudges any section, clause, provision or portion of
this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be
affected.
b. If any application of this ordinance to a particular parcel or lot of land, building,
structure, water or air is adjudged unconstitutional or invalid by a court of competent
jurisdiction, such judgment shall not be applicable to any other land, building, structure,
water or air not specifically included in said judgment.
c. The Zoning Administrator does not guarantee, warrant or represent that only those areas
delineated as floodplains on plats and certified survey maps will be subject to periodic
inundation. Nor does the Zoning Administrator guarantee, warrant or present that the
soils shown to be unsuitable for a given land use from tests required by this ordinance
are the only unsuitable soils on the parcel. The Zoning Administrator asserts that there
is no liability on the part of St. Croix County, its agencies or employees for flooding
problems, sanitation problems, or structural damages that may occur as a result of
reliance upon and conformance with this ordinance.
13-4 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
13.2 APPLICATION AND REVIEW OF PRELIMINARY PLATS FOR MAJOR
SUBDIVISIONS
A. CONCEPT REVIEW
1. STANDARDS
a. Before applying for approval of a preliminary plat, the subdivider or agent shall contact
the Zoning Administrator and go through concept review to receive advice and
assistance, and review the procedures and requirements of this ordinance, other
regulations, and any plans or data which may affect the proposed development
b. The principal function of the concept review is to review the concept of all proposed
subdivisions, the characteristics of the parcel proposed to be subdivided and relevant
adjacent land to identify and document suitability questions. Relevant adjacent land for
purposes of this review shall generally mean other land within the watershed and other
land between the perimeter edges of the proposed subdivision and the nearest public
roads.
c. The subdivider shall submit at a minimum the following items for concept review:
1) A conceptual sketch of any proposed subdivision covering theentire contiguo,us,
area owned or_controlled by the subdivider.
2) A USGS quadrangle map and St. Croix County soils map for the proposed
subdivision and relevant adjacent land.
3) A copy of the recorded deed showing land ownership.
d. As part of the concept review, the proposal may be referred to WDNR or other
appropriate state agencies for review and comment.
e. No land alteration activities to prepare the site for development shall occur from the
initiation of concept review until the preliminary plat is approved.
f. Concept review procedures shall include a site visit by the Zoning Administrator or
his/her designee unless waived.
g. Concept review procedures shall be completed within 45 days of submittal of the
conceptual sketch plan and descriptive material unless extended by written agreement
of the Zoning Administrator and subdivider.
h. Once concept review begins, the Zoning Administrator and/or his/her designee is
authorized to gain entry to subject land, premises, water and air for the purpose of.
1) Review of applications and issuance of pen-nits required by the subdivision,
zoning, shoreland, floodplain and sanitary ordinances and any other St. Croix
County land use ordinance.
2) Determining compliance with any permit issued pursuant to any of the
subdivision, zoning, shoreland, floodplain and sanitary ordinances and any other
St. Croix County land use ordinance.
3) Determining compliance with the provisions of the subdivision, zoning,
shoreland, floodplain and sanitary ordinances and any other St. Croix County land
use ordinance.
4) Determining whether land alterations have occurred-or are occurring.
St. Croix County Land Division Ordinance 13-5
Chapter 13 County Board Draft November 29, 2005
i. Access shall be allowed during the hours between 8:00 a.m. and 5:00 p.m. or other
reasonable times, or any other time authorized by a court. If entry is refused after
presentation of proper identification, the application will be denied.
j. A memorandum on the concept review shall be filed. A copy shall be sent to the
applicant an..d,....t.h.lel...t..o.w.n."J.n....wh..J..c.h.....the proposed,l..s..u.b..d..i.v..J.s..i..o..n...i's-lo.c.4t.edfor major
subdivisions and may be sent to the applicant for minor subdivisions. The concept
review memorandum shall specifically identify any portions of the proposed
subdivision that are unsuitable for subdivision or unsuitable for uses proposed.
k. Because the project submittal is conceptual, nothing communicated by Zoning
Administrator or his/her designee in the course of the concept review shall be binding
on the Zoning Administrator or the Committee.
B. PRELIMINARY PLAT APPLICATION
1. STANDARDS
a. Preliminary plat application review begins after the memorandum on the concept
review and a properly completed application is filed. If a preliminary plat and
accompanying materials are submitted prior to completion of concept review, the
application shall be received, but preliminary plat review shall not commence until
completion of the concept review.
b. The preliminary plat shall cover the entire contiguous area owned or controlled by the
subdivider even if only a portion isand proposed for development.
c. Each preliminary plat shall:
I) Be based upon a boundary survey by a registered land surveyor.
2) Comply with the standards of Wisconsin Administrative Code Chapter A-E7.
3) Be drawn at a scale of not more than 100 feet to one inch.
2. DATA ON THE PLAT
a. Each preliminary plat shall show the data identified below on its face:
I A scale drawing of the exterior boundaries of the proposed subdivision referenced
to a line established in the U.S. Public Land Survey, and the total acreage
encompassed thereby.
2) The date, graphic scale and north point.
3) The name of the proposed plat, prominently labeled.
4) The name and contact information of the subdivider, subdivider's agent,
engineers, surveyors, and other contractors/subcontractors.
5) The owner of record and the identity of any proposed contract purchaser.
6) The location of the plat by government lot, quarter-quarter section, section,
township and range and the town, County and state of jurisdiction, noted
immediate under the name of the subdivision.
7) The location of the plat shall be indicated by bearing and distance from a
boundary line of a quarter section in which the subdivision is located.
8) The monumentation at the ends of the boundary line shall be described and the
bearing and distance between them shown.
NOWNWIFIAN
13-6 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
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9) The names, locations and right-of-way widths of any existing roads or other
public or private ways, easements, railroad or utility rights-of-way included within
or adjacent to the proposed plat, labeled and underscored with a dotted or dashed
line.
10) Existing road access restrictions and any existing access control limitations.
These shall be explained within the application material and noted on the face of
the plat.
11) All proposed road names, which shall conform to § 13.7 B. 4.
12) Locations and widths for all driveway accesses and roads, and construction plans
and specifications for any proposed roads.
13) The location of existing property lines, buildings, drives, streams and
watercourses,ponds, lakes, rivers, wetlands, rock outcrops, wooded areas, historic
and archeological features, native prairie remnant and any other significant
limiting features or characteristics within the proposed subdivision.
14) The water elevations of adjoining lakes, ponds or streams at the date of the
survey, and the ordinary high water mark, typical stream valley cross-sections,
stream channels, flood areas from NFIP maps or other floodplain zoning maps.
a) Ordinary high water marks shall be verified by WDNR, the Zoning
Administrator or a designated agent.
15) Wetlands, as defined by Wisconsin Statutes § 23.32, and mapped by WDNR
pursuant to that statute and any other wetlands as identified by a professional
wetland delineator.
a) All wetland depictions shall be based on field identification and on-site
staking conducted by a professional wetland delineator and reviewed by the
Zoning Administrator or WDNR.
16) All floodplain boundaries.
a) Floodplain determination will be required for all drainage areas having a
watershed greater than one-square mile and in certain drainage areas having
high flow depth as defined by FEMA.
b) The floodplain shall be identified using the WDNR Floodplain Study
Checklist and shall satisfy all pertinent Wisconsin Administrative Code
NR116 requirements.
c) The Zoning Administrator must approve any maps used in floodplain
boundary determinations.
17) Private and municipal dumps, underground fuel or petroleum storage tanks, areas
of known groundwater contamination, location of all existing wells, including
advisory wells, and any WDNR designated Special Deep Casing Well Depth
Requirement Areas.
18) The contours, on an established datum, at vertical intervals of not more than 2
feet.
19) The identification, location and dimensions, including acreage, of all parks,
parkways,playgrounds, drainageways, stormwater ponds or other common areas
whether proposed for dedication to the public or remaining privately owned.
a) In an accompanying document, the subdivider shall indicate how these areas
are proposed to be owned, managed and maintained.
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St. Croix County Land Division Ordinance 13-7
Chapter 13 County Board Draft November 29, 2005
..........
20) Dimensions, size and numbers of all lots. Where applicable, size shall be
indicated with inclusion and exclusion of rights-of-way and areas below the
ordinary high water mark of navigable waters.
21) A list or depiction showing the following information for each proposed lot:
a) Existing and intended land use.
b) Existing and intended zoning, including overlay districts, i.e. Lower St. Croix
Riverway district.
c) Required minimum lot area and lot widths under intended zoning.
d) Contiguous buildable area. Identified in acres and differentially shaded.
e) Lowest Building Opening(L.B.O.) for lots affected by a High Water Elevation
(H.W.E.), drainage easement or floodplain.
f) Identification that the contiguous buildable area extends to a portion of the lot
abutting a road with such area being sufficient to carry a driveway access.
g) All required setbacks.
22) Identification of all proposed outlots,
a) Indicate proposed purpose and proposed ownership and control of each outlot.
b) All outlots that have deed restrictions, covenants or conservation easements
shall be referenced on the plat and copies of such dr.4ft documents shall be
provided
23) The location of any of the following items within 200 feet of the proposed
subdivision:
a) The location and names of adjacent plats, certified survey maps, unplatted
lands, poli.P.I.Y.7o.w.n.e.d. J.-ands.,,-parks and cemeteries, all labeled and
underscored with a dotted or dashed line.
b) Existing land use and zoning, including overlay districts, i.e. Lower St. Croix
Riverway district.
c) Topography, waterbodies, watershed features, floodplains, wetlands, historic
and archeological features and any other limiting features or characteristics.
d) Private and municipal dump sites, underground fuel or petroleum storage
tanks or areas of known groundwater contamination.
24) Two-foot contour mapping on adjacent properties within 100 feet of the proposed
subdivision.
25) Additional two-foot contour mapping may be required to evaluate stormwater
management and road connections.
3. ADDITIONAL SUBMITTALS
a. The following additional submittals shall be submitted as part of the Preliminary Plat
Application:
1) Construction plans and specifications for any proposed roads.
2) Ownership, management and maintenance plans for parks, parkways,
playgrounds, drainageways, stormwater ponds or other common areas whether
proposed for dedication to the public or remaining privately owned.
3) A report to address how sensitive areas shall be handled. The report shall include
the following:
a) An aerial-photograph overlay map, prepared by a registered land surveyor,
showing sensitive areas found in §§ 13.2 B.2.a. 13) through 20) and 8) and
11) below.
MITINTPE Mv VP OF RANNUMM
13-8 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
b) The data on sensitive areas found in §§ 13.2 B.2.a. 13) through 20) and 8)
and 11)below.
c) Zoning Administrator concept review comments and
d) Relevant design standards.
e) These sensitive areas shall be placed within lots or common open space,
consistent with the one-half acre or more contiguous buildable area standard
of§ 13.7 G.2. and Common Open Space Requirements for Conservation
Design Development, and subject to conservation easements, deed restrictions
or covenants approved by and enforceable by St. Croix County.
4) Required or proposed deed restrictions, covenants or conservation easements for
lot and outlot.
a) Deed restrictions, covenants or conservation easements shall be enforceable by
St. Croix County against all lots and outlots within the subdivision.
b) The Zoning Administrator shall review such proposed deed restrictions,
covenants or conservation easements and approve if acceptable.
5) Any proposed conservation easement for common open space protection.
a) The Zoning Administrator may consider bona fide private conservation
organizations, and/or the town wherein a Conservation Design Development is
located, to be a joint holder of or have third-party enforcement rights in all
conservation easements.
b) Such conservation easements are intended to only obligate St. Croix County to
enforce the stated development restrictions on the common open space and
County ordinances.
6) Grading, storrnwater management and erosion and sediment control plans shall be
submitted for all land disturbances and must include Best Management Practices
in accordance with § 13.7E.
a) Areas proposed for filling and grading within shoreland jurisdiction, and in
close proximity to wetlands and floodplains shall be differentially shaded.
7) A draft maintenance plan for all designed stormwater ponds shall be submitted.
The plan shall list all scheduled maintenance activities and the responsible party
or parties.
8) Land areas with 12 to 19.9 percent, 20 to 24.9 percent, 25 to 29.9 percent and/or
25 30 percent and greater slope shall be differentially shaded and labeled or
otherwise clearly indicated on a separate map with the road layout, lot lines, and
driveway access locations.
9) All sloped areas to be developed, graded or stripped as described in §13.7 C. shall
be differentially shaded on a separate exhibit of the preliminary plat's grading
plan. The percentage of disturbance of these slopes shall be calculated and
identified in a table on this exhibit.
10) The Zoning Administrator shall require proof by certified mail return receipt that
the subdivider has given written notice of the proposed locations of the roads to
owners of all lands contiguous to the land division.
St. Croix County Land Division Ordinance 13-9
Chapter 13 County Board Draft November 29, 2005
11) Soils denominated in the St. Croix County Soil Survey and identified in the table
below typically have bedrock or indicators of seasonal saturation within two to
three feet of the surface and may be areas of concern for the location of on-site
wastewater treatment systems or ston-nwater retention/detention ponds. If found
on the site, the locations of these soils shall be differentially shaded. The Zoning
Administrator may require additional soils information if deemed necessary.
SOILS WITH INFILTRATION LIMITATIONS
Musym Soil Series Limitation Depth to Limitation
.__.( ,
finches
j_
Ad Adolph—sil/ti,FI HGW 14
Ap Arland sil/l/till SSBR 35
Au Auburndale sil/sl HGW 13
Bp Brill sil/l/s HGW 20
Cy Clyde sil/I HGW 12
De Derinda sil/siel HGW&BR(3011) 11
Du Duelm Is/s HGW 17
Fd Floyd sil/I HGW 23
Fe Fluvaquents sil/fs/s HGW 12
Fm Fluvaquents,wet HGW 0
Fn Freeon sil/I HGW 18
Ha Halde.r sil/scl HGW 9
Hu Huntsville sil/l/sl OM &HGW(55") 36
Je Jewett sil/sl 0M 37
Lc Lawler sil/l/s&gr HGW 13
Ma Mangor sil/sI HGW 10
Or Orion sil HGW 8
Rh Rib sil/l/s&gr HGW 8
Rn Ritchey sil/scl LSBR 18
Rp Rockton sil/sl LSBR 38
Sa Santiago sil/scl 0M 34
Se Saprists 0 HGW 0
SM Seely-ville sapric Permeability
Sr Skyberg sil/scl HGW 8
Ud Udifluvents HGW 24
Va Vlasaty sil/cl HGW 16
_Wh Whalen sil/cl LSBR 20
13-10 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
12) A location on each lot that will accommodate an on-site wastewater treatment
system and its replacement as indicated by soil borings.
a) When private on-site wastewater treatment systems serving single lots are
intended, at a minimum, one boring for every three acres throughout the plat is
required to demonstrate soil suitability.
b) Soil boring locations in reference to the locations of contiguous buildable
areas shall be identified on a separate, scaled map, with cross-reference to test
results as reported on a current State soil evaluation form.
13) When a common wastewater treatment system is proposed, a complete site and
design evaluation for suitability of state approved common on-site wastewater
treatment systems that serve more than one dwelling shall be provided. When a
common water system is proposed, a complete site and design evaluation
approved by the state shall be provided. A sewer and/or water supply
management plan shall be provided; which estimates service contract needs,
insurance requirements, replacement and other associated costs and defines the
means for funding and enforcing the same on an on-going basis.
C. ADDITIONAL APPLICATION AND REVIEW STANDARDS FOR CONSERVATION
DESIGN DEVELOPMENT
1. ADDITIONAL SUBMITTAL REQUIREMENTS
a. To aid the Zoning Administrator in determining whether the applicant has
accomplished the design objectives for Conservation Design Development(CDD) as
described in § 13.7 K.2. and has met the design standards for cluster groups and
common open space in Conservation Design Development as described in § 13.7 K.7.
and 8., the preliminary plat application shall include the following information.
1) All the information required in §§ 13.2 B. 2. and 3.
2) Vegetation of the site by general land cover type, including woodland,brush,
hedgerows, grasslands, rowcrop, non-rowcrop, stand-alone trees with a diameter
at 4 1/2 feet from the ground of 18 inches or more, native prairie remnants, and
other relevant land cover types. Plant community or predominant species present,
relative age and general condition shall be described.
3) A written description of existing wildlife habitat and the likely species of birds,
mammals, amphibians, fish, and reptiles present. The presence of rare or
endangered species shall be noted.
4) Visual resources, showing viewsheds onto the site from surrounding roads and
public areas. Photographs can be used to demonstrate viewsheds.
2. CONSERVATION DESIGN DEVELOPMENT SITE ANALYSIS
a. The information required in §§ 13.2 B. 2. and 3. and 13.2 C. 1. shall be the basis for an
analysis of the site to determine principal conservation areas, secondary conservation
areas, and potential development areas.
b. Each result, 1) through 3)below, shall be mapped at a scale of no less than one inch
equals 100 feet, accompanied with a narrative describing the information on the maps.
1) Principal conservation areas.
St. Croix County Land Division Ordinance 13-11
Chapter 13 County Board Draft November 29, 2005
a) These are conservation lands that shall be protected. No structures, buildings
or developed facilities, except approved Best Management Practices, are
allowed in these areas.
b) All wetlands, including a 75-foot buffer measured from the delineated
wetland.
c) Floodplains.
d) All navigable waters, including a 75-foot buffer measured from the ordinary
high water mark.
e) Perennial and intermittent streams, springs and drainageways that contain
running water during spring runoff, during storm events or when it rains,
including a filter strip as defined in NRCS Filter Strip practice standard, Code
393.
f) Closed depressions, including a 75-foot buffer measured landward from the
determined high water elevation (H.W.E) of the closed depression.
g) Steep slopes 20 percent and greater.
h) Unique wildlife habitat areas.
2) Secondary conservation areas.
a) These are features of the site that should be protected or integrated into the
development to enhance open space values such as rural character, wildlife
habitat, native vegetation and agricultural production.
b) Mature native woodlands.
c) Hedgerows and rock or boulder fences or walls.
d) Freestanding trees or groups of trees of native, non-invasive species.
e) Grasslands, pastures, meadows and identified native prairie remnants.
f) Farmland.
g) Historic or archeological features.
h) Old farmsteads and farm buildings.
i) Scenic views onto the site.
j) Geologic features.
k) Steep slopes 12 percent to 19.9 percent.
1) River or stream valleys.
m) Other natural or cultural elements of the site that have enough significance or
value to be spared from cleaning, clearing, grading and development.
3) Potential development areas.
a) These areas of the site completely avoid the principal conservation areas and
are sensitive to the visual and physical impacts of development on the
secondary conservation areas.
b) Potential development areas that do not comprise either principal or secondary
conservation areas should be the first portions of the site to look to place
development.
c) The remainder of the potential development area should be placed to meet
minimum open-space area requirements, maximize open space views onto the
site and protect the most significant natural and cultural features of the site.
13-12 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
3. CONSERVATION DESIGN DEVELOPMENT YIELD PLAN
a. For the purposes of determining the number of allowable dwelling units and related lots
for the Conservation Design Development, a yield plan is required. The applicant shall
determine the yield plan using the following method, substantiated by sufficient plans
and data to verify the calculations.
I The yield plan is a concept review sketch drawing of a conventional subdivision
using the conventional subdivision and development regulations of St. Croix
County as described in § 13.2 A. It will include: the sanitary, general zoning,
shoreland zoning, floodplain zoning and subdivision ordinances, minimum lot
size, suitability of lands for subdivision,prescribed lot area for existing dwellings,
contiguous buildable area, approximate building locations, and road layout. For
sites that are in the Lower St. Croix Riverway District, the Lower St. Croix
Riverway District regulations also apply to the yield plan.
2) The number of allowable dwelling units and related lots under the conventional
subdivision regulations determines the base number of allowable dwelling units
and related lots of the Conservation Design Development subdivision.
4. RESTRICTIVE AGREEMENT ON COMMON FACILITIES AND COMMON OPEN SPACE
a. Common open space shall be restricted in perpetuity from further subdivision or land
development by conservation easement pursuant to Wisconsin Statutes § 700.40, and
such conservation easement shall be recorded in the office of the St. Croix County
Register of Deeds.
b. To ensure the permanence of the legal instrument designed to restrict the division, use
or development of common open space, St. Croix County shall be a joint holder of a
conservation easement that prohibits, in perpetuity, development of the common open
space that does not conform to those uses allowed in St. Croix County Zoning
Ordinance § 17.21(3)(b) and (4)(b).
c. The Zoning Administrator may consider bona fide private conservation organizations,
and/or the town wherein the Conservation Design Development is located,to be a holder
of, or have third-party enforcement right in, all conservation easements.
d. The Zoning Administrator can consider other legal restrictive agreements for protecting
common open space, such as deed restriction, only if such other restrictive agreements
pennanently restrict the use of common open space to those uses allowed in St. Croix
County Zoning Ordinance § 17.21(3)(b) and (4)(b), and St. Croix County is only
obligated to enforce the use restrictions of the restrictive agreement and County
ordinances.
5. OWNERSHIP OF COMMON FACILITIES AND OPEN SPACE
a. Ownership of common facilities and open space shall not be transferred to another
entity except in compliance with this subsection.
b. Documentation of the proposed ownership arrangement for the common facilities and
open space shall accompany the preliminary plat, including any draft contracts, articles
of incorporation, by-laws, etc.
c. The following forms of ownership may be used, either singly or in combination, to own
common facilities and open space:
............
St. Croix County Land Division Ordinance 13-13
Chapter 13 County Board Draft November 29, 2005
I Homeowners Association. Common facilities and open space are held in common
ownership by the association, subject to the provisions set forth herein. The
homeowners association shall be governed according to the following:
a) The members of a homeowners association shall hold common facilities and
open space as undivided proportionate interests.
b) The Zoning Administrator shall be provided a description of the organization,
including its bylaws, and all documents governing maintenance and use
restrictions for common facilities and open space.
c) The organization shall be established by the owner or subdivider and shall be
operating (with financial subsidy by the applicant, if necessary) prior to the
sale of any dwelling units in the development.
d) Membership in the organization shall be mandatory for all purchasers of lots
and/or dwelling units and their successors and assigns.
e) The organization shall be responsible for maintenance of and insurance for the
common facilities and open space.
t) The organization shall have adequate assistance through its members or
through contract to maintain and operate common facilities and open space.
g) Written notice of any proposed transfer of common facilities and/or common
open space by the homeowners association or the assumption of maintenance
of common facilities and/or open space must be given to all members of the
organization and to the Zoning Administrator at least 30 days prior to such
event.
2) Condominium. Common facilities and open space may be held as common
elements described in condominium instruments.
a) The condominium instruments shall conform to the requirements of
Wisconsin Statutes Chapter 703, as amended.
b) The applicant shall provide to the Zoning Administrator a description of the
condominium association, including draft condominium instruments, and all
documents governing maintenance and use of common facilities and common
open space.
c) The condominium plat shall follow the same design and installation standards
for the common open space that are found in this ordinance.
d) Written notice of any proposed transfer of common facilities and/or open
space by the condominium association or the assumption of maintenance of
common facilities and open space must be given to the Zoning Administrator
at least 30 days prior to such event
3) Ownership retained by original landowner. Ownership of common open space
may be retained by the original landowner or developer provided that:
a) The requirements of§ 13.2 C. 4. and 6. are met.
b) Resident access to the open space is limited by agreement between the owner
of the common open space and property owners of the development, as
indicated by documents signed at the time of purchase of lots or dwelling
units.
c) The open space may be retained by the owner for agricultural purposes.
d) The original landowner or legal representative may transfer ownership to
another person in compliance with this subsection.
13-14 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
"I'll.............
4) Fee simple conveyance to St. Croix County, other public agency, private agency
or utility approved by the Committee. The County, other public agency, private
agency or utility approved by the Committee may, but shall not be required to,
accept any portion of the common facilities and open space, provided that:
a) There is no cost of acquisition to the County.
b) Common facilities and open space so conveyed shall be accessible to the
residents of the County, if the Committee or other public or private agency or
utility so chooses.
c) The acquiring entity shall maintain such common facilities or open space.
5) Fee simple conveyance to a private conservation organization. With approval of
the Committee, an owner may convey any portion of the common facilities and/or
open space to a private, nonprofit conservation organization, provided that:
a) The organization is acceptable to the Committee and is a bona fide
conservation organization.
b) The conveyance contains appropriate provisions for reversion or reconveyance
to the owner in the event that the organization becomes unwilling or unable to
continue carrying out its functions.
c) A maintenance agreement acceptable to the Committee that is consistent with
the Management Plan required in § 13.2 C. 6. is entered into.
6) Granting of easement to St. Croix County, other public or private agency, or
public utility approved by the Committee. The County, other public or private
agency, or public utility, acceptable to the Committee may,but shall not be
required to, accept easements for public purposes on any portion of the common
facilities and/or open space, title to which is to remain in private ownership,
provided that:
a) There is no cost to the County of acquiring the easement.
b) A maintenance agreement acceptable to the owner and the Committee that is
consistent with the Management Plan required in § 13.2 C. 6.
c) Lands may or may not be accessible to the public,
7) Assignment of restrictive agreements to a private conservation organization. After
due consideration the Committee may transfer restrictive agreements on common
facilities and open space to a private, nonprofit conservation organization,
provided that:
a) The organization is acceptable to the Committee and is a bona fide
conservation organization.
b) The assignment contains appropriate provisions for reversion or recon-veyance
back to St. Croix County in the event that the organization becomes unwilling
or unable to continue carrying out its functions.
c) A maintenance agreement acceptable to the Committee that is consistent with
the Management Plan required in § 13.2 C. 6. is entered into.
6. MAINTENANCE OF COMMON FACILITIES AND COMMON OPEN SPACE
a. To ensure adequate management, operation and/or maintenance of common facilities
and open space a Management Plan shall be prepared and approved.
1) A draft Management Plan shall be submitted at the time of preliminary plat review
and a final Management Plan at final plat approval. It shall:
a) Define ownership.
b) Define the use.
St. Croix County Land Division Ordinance 13-15
Chapter 13 County Board Draft November 29, 2005
c) Establish necessary regular and periodic operation and maintenance activities
which may need to include:
i. Mowing schedules.
ii. Weed control program.
iii. Planting schedules.
iv. Clearing and cleanup program.
v. Prescribed bums.
vi. Facilities maintenance.
d) Estimate service contract needs, insurance requirements, and other associated
costs and define the means for funding the saine on an on-going basis.
e) Include a stormwater management plan.
f) Include a section specifically focusing on the long-term management of
common open space. This shall include a narrative, based on the site analysis
required in § 13.2 C. 2. describing:
i. Existing conditions, including all natural, cultural, historic, and scenic
elements in the landscape.
ii. Objectives for each common open space area, including the proposed end
state for the area, and the measures proposed for achieving the end state.
iii. Proposed restoration measures, including measures for correcting
increasingly destructive conditions, such as erosion; and measures for
removing non-native, invasive plant species and restoring historic features
and habitats or ecosystems.
2) Any cutting of healthy trees, grading or regrading, topsoil removal, altering,
diverting or modifying watercourses or waterbodies must be done in compliance
with the approved Management Plan and other applicable laws.
3) At the Zoning Administrator's discretion, the applicant maybe required to provide
a financial assurance as provided for in § 13.8 for the maintenance and operation
costs of common facilities and open space.
4) The Zoning Administrator can require that a construction bond or letter of credit
be secured by the applicant or the owner of the common facilities and open space
to cover the costs of corrective action if development or maintenance of common
facilities and open space does not occur.
5) Modification of the Management Plan after final plat approval may be allowed by
the Committee.
b. Sewer and Water Supply Facilities in Conservation Design Development.
1) Sewer and water-supply facilities in a Conservation Design Development may
consist of any system meeting the requirements of the Wisconsin Department of
Commerce, the Wisconsin Department of Natural Resources, the St. Croix St.
Croix County Sanitary Ordinance and this ordinance.
2) Common open space may be used for locating some or all of the permitted sewer
and water-supply facilities.
c. Stonnwater Management Facilities in Conservation Design Development.
I Every Conservation Design Development (CDD) shall have a stormwater
management plan, which shall be part of the Management Plan described in §
13.2 C. 6. above and consistent with the stormwater management provisions of
this ordinance.
13-16 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
2) Stormwater management Best Management Practices, such as ponds or basins, may
be located within common open space areas.
D. ADDITIONAL INFORMATION
1. CONCEPT,PRELIMINARY AND CONSERVATION DESIGN DEVELOPMENT REVIEW
a. The approving authority, either the Zoning Administrator or Committee, may require
any additional data or detail relevant to review. Descriptive data shall be sufficiently
precise to allow the approving authority to determine compliance.
b. Existing features shall be shown as such by distinctive underscoring or other identifiers.
St. Croix County Land Division Ordinance 13-17
Chapter 13 County Board Draft November 29, 2005
13.3 PROCEDURE,FOR PRELIMINARY PLAT REVIEW AND DECISION
A. MAJOR SUBDIVISIONS
1. SUBMITTALS
a. The subdivider shall submit one legible copy of the preliminary plat for the Zoning
Administrator and additional legible copies for each of the reviewing agencies listed, as
specified in 2. a. and b. below, to the Zoning Administrator.
b. To be considered a valid submittal, the application shall include a written response from
the subdivider to all issues and concerns raised during concept review.
2. REVIEW PROCESS
a. The Zoning Administrator, for any subdivision requiring approval as a "State
Subdivision," shall transmit two copies to the Wisconsin Department of Administration
(DOA).
b. The Zoning Administrator shall transmit copies of the preliminary plat as follows:
1) Two copies to the Wisconsin Department of Natural Resources (WDNR).
2) One copy to any city or village having extraterritorial plat approval jurisdiction.
3) One copy to the town(s) within which the proposed subdivision is located.
4) One copy to the County Land and Water Conservation Department.
5) One copy to the County Highway Department engineer.
6) One copy to the County surveyor.
c. The Zoning Administrator shall notify each agency listed in a. and b. above when the
copies are sent that it has 45 days from receipt to submit comments to the Zoning
Administrator.
d. The Land and Water Conservation Department shall review and approve the erosion
and sediment control and stormwater management plans for the preliminary plat.
e. The Zoning Administrator shall issue a written evaluation report on all relevant aspects
of the preliminary plat within 30 days of submittal, with copies provided to the
applicant, town(s)...in.which the proposed subdivision is located, and the Committee.
The Zoning.Administrator shall provide a summary o......n......a....l.l.......applications_.f...o.....r...preliminary
plats ata meeting ofthe Committee,.p,r,i,o,,rt..o.,a,pl),.r,o,v,lal,,.,
3. DECISION
a. The preliminary plat shall conform to the standards in this ordinance. Within 90 days
from the date of submittal, the Zoning Administrator shall approve, approve
conditionally, or reject the preliminary plat.
b. Applicable state agency approvals may be required by the Zoning Administrator prior to
plat approval.
c. Action by the Zoning Administrator may be postponed past the 90-day limit by written
agreement between the Zoning Administrator and the subdivider, or upon a
determination by the Zoning Administrator that additional information is required.
d. Postponements shall not constitute approval.
MANYTIMEREMMNWNEN JHOE010 NRO11MANYERIAW................... ,,fffffMEMMI HMV AOI RNSFIE NNE MN NNP0A IYNNE
13-18 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
e. Plats meeting the statewide definition of subdivision in Wisconsin Statutes §
236.02(12) shall be subject to the provisions of Wisconsin Statutes § 236.11 with
respect to time available for review and approval of the preliminary plat.
f. If the Zoning Administrator determines that a question or issue that arises during review
is a question or issue of policy, and not merely the application of the provisions of this
ordinance, the matter will be referred to the Committee for a decision.
g. The written determination of the Zoning Administrator shall be sent to the applicant and
the town(s) in which the proposed subdivision is located.
St. Croix County Land Division Ordinance 13-19
Chapter 13 County Board Draft November 29, 2005
13.4 APPLICATION AND REVIEW OF FINAL PLATS
A. MAJOR SUBDIVISIONS
1. SUBMITTALS
a. The subdivider shall submit two legible copies of the final plat and accompanying
materials to the Zoning Administrator and additional legible copies for each of the
agencies referred to in § 13.3 A. 2. a. and b., to the Zoning Administrator.
b. One copy of the preliminary plat with signatures of approval from the town in which the
plat is located and any other applicable authorities.
2. STANDARDS
a. The final plat shall conform to all conditions placed on the preliminary plat.
b. Final plat layout features shall substantially conform to the approved preliminary plat.
c. Final plat depictions of wetlands shall be based upon field identification and on-site
staking conducted by a professional wetland delineator contracted by the subdivider and
reviewed by the Zoning Administrator or DNR.
d. Final plat descriptions of contiguous buildable areas shall also be based upon on-site
staking by a registered surveyor if requested by the Zoning Administrator for specific
lots.
e. All road names shall be shown on the final plat and shall conform to § 13.7 B. 4.
f. All easements and applicable setbacks shall be shown on the final plat.
g. A complete soils evaluation shall be done on each lot to determine suitability for an on-
site wastewater treatment system for a dwelling on a single lot, or a complete site and
design evaluation for suitability of state approved common on-site wastewater treatment
systems that serve more than one dwelling.
h. Soil boring locations in reference to the locations of contiguous buildable areas shall be
identified on a separate, scaled map with cross-reference to test results as reported on a
current State soil evaluation form.
i. The subdivider shall submit final versions of all proposed restrictive covenants,
conservation easements or deed restrictions with the final plat.
j. The subdivider shall submit a final maintenance plan for all designed stormwater ponds.
k. The subdivider shall submit a final wastewater treatment system and/or water supply
management plan for all common systems.
1. The subdivider shall submit record drawings showing substantial conformance with all
improvements on prpliminary.,pj,qt,.,..includinia stormwater management and erosion
............ .......
and sediment control Plansmq.as..Pfe.§.� as required in 13.7 E.
3. LEGIBILITY STANDARDS
a. The following standards apply to the legibility of documents.
1) Plats shall be prepared to comply with the current provisions of Wisconsin
Statutes §§ 236.20 through 236.21 and follow the layout guidelines of the
Wisconsin Platting Manual as compiled and updated by the Wisconsin
Department of Administration.
13-20 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
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2) The recorded plat shall be on media approved by the St. Croix County Register of
Deeds.
3) Drawings shall have exterior boundaries and block boundaries drawn with 0.50
millimeter or heavier lines.
4) Lot boundaries, outlot boundaries, easement boundaries and other required
platting features shall be drawn with 0.30 millimeter or heavier lines.
5) Other graphically represented information which is not required to be shown
pursuant to this ordinance or other statute, regulation or code, may be drawn in
lighter weight lines.
6) All required lettering and numbering shall be no smaller than 0.08 inches in
height.
7) No lettering or numbering shall be smaller than 0.05 inches in height.
8) All information on plats shall be clear and legible enough to be capable of legible
photocopying and microfilming by equipment used in the St. Croix County
Register of Deeds office.
9) The plat shall bear the dated seal and signature of the surveyor who prepared the
plat.
10) When more than one sheet is used for any plat, each sheet shall be consecutively
numbered, shall show the relation of that sheet to the other sheets; and the
location of the subdivision by government lot, quarter-quarter section, section,
township, range; and town, county and state of jurisdiction shown below the name
or heading.
4. APPROVAL PROCESS
a. If the final plat is not submitted within 24 months of the approval of the preliminary
plat, the Zoning Administrator may refuse to approve the final plat based on major land
use changes affecting the plat, significant ordinance revisions or legal implications.
b. The Zoning Administrator shall transmit copies to the agencies listed, as specified,
under§ 13.3 A. 2. a. and b.
c. The agencies to whom the final plat is sent shall be notified in writing that their
comments or reviews must be submitted to the Zoning Administrator within 30 days of
receipt unless a shorter deadline is established for "objecting agencies" under state law.
d. If the final plat is submitted within 24 months of the approval of the preliminary plat,
the Zoning Administrator shall examine the final plat for conformance with the
approved preliminary plat, any conditions of approval of the preliminary plat, this
ordinance, and all laws, rules, regulations, comprehensive plans and comprehensive
plan components which apply to it.
e. The Zoning Administrator shall approve, approve conditionally or reject the plat within
45 days of its submission. Failure of the Zoning Administrator to take action on the
plat within 45 days shall be deemed approval unless other agencies have not responded
within the allowable time, there remain unsatisfied objections by other agencies, or
unless the review time has been extended by written agreement with the subdivider.
f. Applicable state agency approvals may be required by the Zoning Administrator prior to
plat approval.
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St. Croix County Land Division Ordinance 13-21
Chapter 13 County Board Draft November 29, 2005
IM M1MMM1 Y
g. The Zoning Administrator shall, at the time he/she approves, approves conditionally, or
rejects the plat, give written notice of the decision to the town(s) where the proposed
plat is located and any municipality having extraterritorial subdivision approval
jurisdiction.
h. If all the conditions are not satisfied within 90 days from the date of any approval, the
final plat approval is void. If the final plat is not recorded within 30 9.0.1days of
satisfaction of conditions, the approval is void. Notice of these deadlines shall be
provided. If the notice is inadvertently omitted, however, the deadlines shall still be
effective.
i. After the final plat has been approved and required improvements have either been
installed, or an agreement and sureties insuring their installation acceptable to the
Zoning Administrator have been filed and all conditions have been satisfied, the Zoning
Administrator shall certify the approval upon the plat.
j. The subdivider shall then record the plat and related documents, including conservation
easements, deed restrictions and covenants, with the St. Croix County Register of
Deeds. The subdivider shall provide written notice to the Zoning Administrator that the
plat and related documents, including conservation easements, deed restrictions and
covenants, have been recorded.
k. If the final plat and related documents are not recorded within 30.9.9-days of the date of
final plat approval the approval is void.Jf.the..#ppiicant fails to record and there are no
.................. 1.11.1......................... .............
changes to_the final_platt-as approved the Zoning Administrator may allow the applicant
..........allow....the applicant
.........
to resubmit the final plat upon payment of a resubmittal fee. If there are any changes to
......................plat_..........
the
Jigal plat a new concept and preliminary Plat application and associated fees must
be submitted.
preliminary plat .............................. and.....................associated
.............
13-22 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
13.5 MINOR SUBDIVISIONS
A. APPLICATION AND PROCEDURES
1. STANDARDS
a. Minor subdivisions shall be processed following the same application and review
procedures of a major subdivision.
b. The application for a minor subdivision shall show or identify the original parcel of
which the proposed subdivision was part of five years prior to the date of application.
c. The fact that a proposed division creates four or fewer parcels does not automatically
create eligibility to employ the minor subdivision procedure if prior or concurrent
division of the parcel, that existed five years prior to the date of application, precludes
additional divisions through the minor subdivision procedure.
d. Complete minor subdivision applications will not be accepted until one day after the
date of eligibility, which is five years after the recording of an applicable minor
subdivision. For example: A parcel has a minor subdivision recorded on February 1,
1999 and is eligible for subsequent minor subdivision application on February 2, 2004.
e. One existing lot split into two lots is considered to be a one-lot subdivision relating to
eligibility for a minor subdivision.
2. LEGIBILITY STANDARDS
a. Requirements of§ 13.4 A. 3. on legibility standards apply to certified survey maps,
except that:
1) A certified survey map shall follow the provisions of Wisconsin Statute § 236.34
and the Wisconsin Platting Manual as compiled and updated by the Wisconsin
Department of Administration.
2) The recorded certified survey map shall be on media approved by the St. Croix
County Register of Deeds.
3. APPROVAL PROCESS
a. A concept review shall be required between the subdivider and Zoning Administrator or
his/her designee. The Zoning Administrator may authorize a waiver of the concept
review conference in full or in part, if no public improvements or stormwater facilities
are required.
b. A preliminary certified survey map and accompanying application materials shall be
submitted to the Zoning Administrator for review.
c. The content of the submittal shall be the same as for a preliminary plat, when public
improvements or stormwater facilities are required. The Zoning Administrator may
authorize a waiver of a portion of the submittal requirements when public
improvements or stormwater facilities are not required or the proposed lot contains an
existing building site.
d. The process of review by the Zoning Administrator shall be the saine as for a
preliminary plat, except that the process shall not include referral to state agencies. The
procedures and standards of§ 13.3 and the standards of Wisconsin Statutes § 236.34
shall apply to a minor subdivision.
e. A final certified survey map shall be submitted for each minor subdivision.
St. Croix County Land Division Ordinance 13-23
Chapter 13 County Board Draft November 29, 2005
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f. The procedures and standards of§ 13.4 A. shall apply to a minor subdivision, except
that the Zoning Administrator shall approve, approve conditionally or reject the
certified survey map within 90 days of its submission. Failure of the Zoning
Administrator to take action on the certified survey map within 90 days shall be deemed
approval unless other agencies have not responded within the allowable time, there
remain unsatisfied objections by other agencies, or unless the review time has been
extended by written agreement with the subdivider.
g. The form of the certified survey map shall comply with Wisconsin Statutes § 236.34
and shall also contain any additional information required by the Zoning Administrator
at either the preliminary or final review stage.
h. If approved, the Zoning Administrator shall certify the approval on the final certified
survey map.
13.6 REPLATS
A. APPLICATION AND PROCEDURES
1. STANDARDS
a. A replat is the change in the exterior boundaries of a previously platted subdivision.
b. Changing the interior boundaries within a subdivision is a subdivision if the change
creates one or more parcels or lots of less than 35 acres and is not a replat.
c. A replat that does not alter areas dedicated to the public, or lots or outlots owned in
common by the owners of lots within the subdivision, shall be processed as a
subdivision under this ordinance. Whether it is processed as a minor subdivision or a
major subdivision depends upon the number of lots created.
d. A replat that proposes to alter lands dedicated to the public, or lots or outlots owned in
common by the owners of lots within the subdivision, shall be similarly processed. The
approval of the replat by the Zoning Administrator shall be conditioned upon approval
by a court of the alterations of the areas dedicated to the public, pursuant to Wisconsin
Statutes §§ 236.40 - 236.44.
13-24 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
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13.7 DESIGN STANDARDS FOR MAJOR AND MINOR SUBDIVISIONS
A. PURPOSE AND REQUIREMENTS
1. PURPOSE
a. The purpose of subdivision design is to create a functional and attractive development,
to minimize adverse effects on persons and land, and to ensure that a subdivision will
be an asset to the community.
b. To promote this purpose, a subdivision shall confonn to the standards of this section.
c. In addition to standards set forth in this ordinance, the Zoning Administrator shall
determine compliance of plats that are not reviewed by the Wisconsin Department of
Administration with Wisconsin Statutes §§ 236.15, 236.16, 236.20 and 236.21.
2. GENERAL DESIGN STANDARDS
a. Subdivision design shall take into consideration existing local, County and regional
plans and existing and proposed developments in the surrounding areas.
b. Design shall be based on a site analysis. To the maximum extent practicable, as
determined by the Zoning Administrator, the design shall:
1) Preserve the natural features of the site.
2) Avoid areas of environmental sensitivity.
3) Avoid adverse effects on ground water and aquifer recharge.
4) Avoid unnecessary impervious cover.
5) Prevent flooding.
6) Minimize adverse effects of shadow, noise, odor, traffic, drainage, artificial light
and utilities on the site and on neighboring properties.
7) Minimize negative impacts on and alteration of natural features and adverse
effects of cutting and filling.
8) Avoid risk of harm to persons and land.
9) Provide adequate access to lots.
c. Topsoil stripped from within the subdivision may not be removed from the subdivision
until final land contours, topsoil finishing and seeding is successfully completed.
d. A soil evaluation shall be done to determine suitability for an on-site wastewater
treatment system for a dwelling on a single lot, or a complete site and design evaluation
for suitability of state approved common on-site wastewater treatment systems that
serve more than one dwelling.
e. In reviewing a subdivision, the Zoning Administrator may require that sensitive areas of
the subdivision be placed within non-buildable portions of lots and must be either
offered for dedication or protected by conservation easements, deed restrictions or
covenants dealing with use and management of these areas.
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St. Croix County Land Division Ordinance 13-25
Chapter 13 County Board Draft November 29, 2005
.Yak....,......
B. ROADS
1. DESIGN OBJECTIVES AND JURISDICTION
a. The road system shall be designed to meet the following objectives: to permit the safe,
efficient, and orderly movement of traffic; to meet the needs of the present and future
population with a simple and logical pattern; to respect natural features and topography;
minimize local road maintenance and replacement costs; minimize private roads and
private residential driveway accesses to public roads; and to present an attractive
appearance.
b. In the course of a subdivision review, the Zoning Administrator shall designate roads as
arterial, collector, subcollector, or access roads. This decision shall be based upon
County or town comprehensive plans or official maps.
c. The Zoning Administrator may require any road to be constructed to the boundary of
the subdivision.
d. The Zoning Administrator may require special setbacks, screening and other buffers
along roads and may limit access along such roads.
e. The road standards in this section for both Conventional Development and
Conservation Design Development may be applied to Conservation Design
Development as provided for in § 13.7 K. The road standards in this section for
Conservation Design Development may only be applied to Conservation Design
Development.
f. All road rights-of-way that are included within the design of a subdivision and that
serve three or more lots shall be offered for dedication and accepted by the town of
other designated local unit of government. The Zoning Administrator shall approve
such designation. Once dedicated, the unit accepting the dedication may control
vegetation within the right-of-way.
g. The affected town must agree to accept the responsibility for maintenance of the public
road and road-related facilities.
2. DESIGN AND CONSTRUCTION STANDARDS
a. The minimum standards in this section shall apply to all roads, unless the town with
jurisdiction establishes its own standards for town roads.
b. Roads shall be designed and constructed in accordance with the minimum standards in
the following tables or to standards established by the town:
13-26 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
----------
RURAL ROAD CONSTRUCTION STANDARDS
Arterial& Conservation One-Way Access
ROAD TYPE Collector Subcollector& Design Access Road Conventional&
Roads Access Roads Road Conservation Design
Traffic Lanes 2 2 2 11
R.O.W. 80, 66' 50' 50'
Road Width Before Gravel or Base Course 34' 3 V 29' 26'
Road Width after Gravel or Base Course 30' 27' 25' 23'
Road Surface,excluding shoulders 24' 22' 20' 18,
Shoulders,paved or gravel 3' 2' 2' 2'
Culverts t r2 18,,2 18,,2 18,,2
Compacted Sand Sub Base) 12" 12" 12" 12"
Compacted Base3
Crushed Limestone or 6" 6" 6" 6"
Wisconsin Grade#2 Gravel 7" 7" 7" 7"
Shoulder Slopes&Fill Slopes on fills to 31 4:1 desirable, 4:1 desirable, 4:1 desirable, 4:1 desirable,
3:1 maximum 3:1 inaxii-raint 3:1 inaximurn 3:1 maximum
Shoulder Slopes&Fill Slopes below to 3' 2:1 inaxiinurn 2:1 maximum 2:1 niaxiniurn 2:1 maximum
4:1 desirable, 4:1 desirable, 4:1 desirable, 4.1 desirable,
Back Slopes 3:1 average, 3:1 average, 3:1 average, 3:1 average,
2:1 inaxitrann 2:1 inaximunt 2:1 maximum 2:1 maximum
Minimum Radius of Curvature in ft.from
Centerline for Deflections of 7'or More4 300 200 too too
Maximum Grade4 8% 10% 10% 10%
Maximum Grade within 50'of the Center 2% 2% 2% 2%
of an Intersection
Corner Radii4 30' 30' 30'
1 Counter clockwise movement.
2 Or as otherwise specified,with a minimum cover of one foot to the top of the sand lift. All culverts shall be galvanized,corrugated steel pipe,pipe
arch,plate,or reinforced concrete pipe in conformity with American Association of State Highway Transportation Officials'(AASHTO)
specifications.
3 Decomposable materials shall not be used in construction.
4 See diagrams below.
St. Croix County Land Division Ordinance 13-27
Chapter 13 County Board Draft November 29, 2005
........
CORNER RADII
PAVEMENT EDGE ON
R=30' I STREETS WITHOUT
CURB&GUTTER
PAVEMENT EDGE ON
STREETS W1 I ITH
CURB&GUTTER
GRADES
CALCULATED GRADE=10%
10
STREET R=20'
SURFACE
MINIMUM ROAD ALIGNMENT STANDARDS
FOR CURVES AND TANGENTS
RIGHT-OF-WAY
RADIUS P07
X
4�1 Xz�
try
RADIUS POINT RIGHT-OF-WAY
WERE w2d0fif )MMYRIMMEMEM
13-28 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
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St Croix County Land Division Ordinance 13-29
Chapter 13 County Board Draft November 29, 2005
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13-30 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
Right-O&W ay Line U
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St. Croix County Land Division Ordinance 13-31
Chapter 13 County Board Draft November 29, 2005
RURAL CUL-DE-SAC BULB AND LOOP END STANDARDS
Standards Conventional Development Conservation DesignDevelopment
Cul-de-sac Cul-de-sac Cul-de-sac Cul-de-sac
ROAD TYPE without with Island Loop Road without with Island Loop Road
Island Island
Traffic Lanes 2 1 1 1 1 1
One-Way Counter Clockwise NA Yes Yes Yes Yes Yes
Movement
Vegetated Center Island' No Yes Yes No Yes Yes
R.O.W. 60'radius 80' radius 50'width or 50'radius 60' radius 50'width or
80'radius 80' radius
Outside Pavement Radius,edge 49' 69' 64' 35' 47' 63'
f pavement or face of curb
Center Island Radius,edge of NA 47' 46' NA 17' 47'
pavement or face of curb
Road Width—Radius-Before 54' 74' 69' 40' 52' 68'
Gravel or Base Course
Road Width—Radius-After 51' 71' 66' 37' 34' 20'
Gravel or Base Course
Road Surface,no curb excluding 98' 22' 18' 70' 30' 16'
shoulders
Paved Road Surface curbed 20' Contact St.Croix County 20'
Highway Dept.
Shoulders paved or gravel(no 2' 2' 2' 2' 2' 2'
shoulder necessary with curb)
Culverts 18"3 18"3 18,3 18"3 18,0 18„3
Shoulder Slopes&Fill Slopes on 4:1 desirable 4:1 desirable 4:1 desirable 4:1 desirable 4:1 desirable 4:1 desirable
fills to 3' 3:1 maximum 3:1 maximum 3:1 maximum 3:1 maximum 3:1 maximum 3:1 maximum
Shoulder-Slopes&Fill Slopes below top 3' 2:1 m maximum 2:1 2:1 maximum 2:1 maximum 2:1 maximum 2:1 maximu 2:1 maximum
4:1 desirable 4:1 desirable 4:1 desirable 4:1 desirable 4:1 desirable 4:1 desirable
Back Slopes 3:1 average 3:1 average 3:1 average 3:1 average 3:1 average 3:1 average
2:1 maximum 2:1 maximum 2:1 maximum 2:1 maximum 2:1 maximum 2:1 maximum
Minimum Radius of Curvature
in feet from Centerline for NA NA 100 NA NA 100
Deflections of 7'or More4
Maximum Grader 6% 6% 6% 6% 6% 6%
Corner Radift 30 69' 30' 30' 30' 30'
I See Landscape Screening, 13.7 H.
2 Mountable or surmountable concrete curb optional.
3 Or as otherwise specified,with a minimum cover of one foot to the top of the sand lift. All culverts shall be galvanized,corrugated steel pipe,pipe
arch,plate,or reinforced concrete pipe in conformity with American Association of State Highway Transportation Officials'(AASHTO)
specifications.
4 See diagrams above.
13-32 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
Viz r610PIEW19000 1), IM/101,
0 (WE 0 " 00,MIA.0 OR 0 1 Z MIA.0 OR 0 1 Z MIA.0 OR 0 1 Z MIA.0 OR 0 1 Z MIA.0 OR 0 1 Z MIA.0 OR 0 1 Z MIA 0 OR
CONVENTIONAL DEVELOPMENT
TYPICAL NON-ISLAND CUL-DE-SAC
":v
ROAD RIGHT-OF-WAY
EDGE OF SHOULDER
RADIUS
PObg INT
EDGE OF BITUMINOUS---
CONVENTIONAL DEVELOPMENT
OFFSET NON-ISLAND CUL-DE-SAC
V,
ROAD RIGHT-OF-WAY
Q91
EDGE OF SHOULDER
RADIUS
bo/ \
POINT
Ww EDGE OF BITUMINOUS
St. Croix County Land Division Ordinance 13-33
Chapter 13 County Board Draft November 29, 2005
0011010 "I'll)", 1900A ENE
CONVENTIONAL DEVELOPMENT
TYPICAL ISLAND CUL-DE-SAC
ROAD RIGHT-OF-WAY
EDGE OF SHOULDER NI N
221 R.
RADIUS 421
POINT EDGE OF BITUMINOUS
\ � a E\ 9� � �
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CONVENTIONAL DEVELOPMENT
OFFSET ISLAND CUL-DE-SAC
261 ROAD RIGIIT-OF-WAY
22, RADIUS
POINT EDGE OFSHOULDER
EDGE OF BITUMINOUS
13-34 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
CONSERVATION DESIGN
TYPICAL NON-ISLAND CUL-DE-SAC
ROAD RIGHT-OF-WAY
EDGE OF SHOULDER
RADIUS
POINT
EDGE OF BITUMINOUS
�,o
CONSERVATION DESIGN
TYPICAL NON-ISLAND OFFSET CUL-DE-SAC
111191 ,\ ROAD RIGHT-OF-WAY
tis
EDGE OF SHOULDER
RA
DIUS
roh POINT
EDGE OF BITUMINOUS
.........
St. Croix County Land Division Ordinance 13-35
Chapter 13 County Board Draft November 29, 2005
CONSERVATION DESIGN
TYPICAL ISLAND CUL-DE-SAC
ROAD RIGIIT-OF-WAY
EDGE OF SHOULDER
qq-
O
RADIUS
POINT EDGE OF BITUMINOUS
xz
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CONSERVATION DESIGN
OFFSET ISLAND CUL-DE-SAC
ROAD RIGHT-OF-WAY
3 41"
EDGE OF SHOULDER
RADIUS
POINT
0 NT
EDGE OF BITUMINOUS
4
13-36 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
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EDGE OF BITUMINOUS
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ROAD RIGHT-OF-WAY -
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St. Croix County Land Division Ordinance 13-37
Chapter 13 County Board Draft November 29, 2005
c. As an alternative to the rural design and construction standards, urban design (curbed)
roads may be used if designed and constructed in accordance with the"Wisconsin
Department of Transportation Standard Specifications for Highway and Structure
Construction", the"Facilities Development Manual of the Wisconsin Department of
Transportation" and the standards in the following table:
URBAN ROAD,LOOP AND CUL-DE-SAC CONSTRUCTION STANDARDS
Conservation
Standards Conventional Design or Conventional Development
Development Traditional
Nei hborhood
Subcollector One-Way Access
Cul-de-sac or
Road Type &Access Road Access Road without Loop Road
Roads Island with Island
Traffic Lanes 2 1 2 2 1
One-Way Counter Clockwise Movement NA NA NA NA Yes
Vegetated Center Island NA NA NA No Yes
R.O.W. 66' 50' 50' 60'radius 80'radius
Outside Pavement Radius,edge of NA NA NA 49' 71'
pavement or face of curb
Center Island Radius,edge of pavement or NA NA NA NA 48'
face of curb
Road Width Before Gravel or Base Course NA NA NA 53'radius 74'radius
Road Width After Gravel or Base Course NA NA NA 5 1'radius 72' radius
Road Surface Paved 26' 20' 20' 49'radius 20'width
Slope Towards Centerline for 4 feet
beyond high point of curb 2% 2% 2% NA 2%
Compacted Sand Sub Base' 12" 12" 12" 12" 12"
Compacted Base'
Crushed Limestone or 6" 6" 6" 6" 6"
Wisconsin Grade#2 Gravel 7" 7" 7" 7" 7"
Fill Slopes and Back Slopes 4:1 4:1 4:1 4:1 4:1
Minimum Radius of Curvature in ft.from
centerline for deflections of 7'or more 3 200 100 100 NA 100
Design Speed for Vertical Alignment 25 m.p.h. 25 m.p.h. 25 m.p.h. 25 m.p.h. 25 m.p.h.
Maximum Grade within 50' of the Center 2% 2% 2% 2% 2%
of the Intersection
Curb and Gutter Required Yes Yes Yes Yes Yes
Curb&Gutter Design 2 2' 2' 2' 2' 2'
Corner Radii3 20' 20' 20' 20' 20'
Decomposable material shall not be used in construction.
2 Mountable or sunnountable concrete curb optional.
3 See diagrams above.
3. ROAD LAYOUT STANDARDS
a. The Zoning Administrator shall examine the design of roads and driveway accesses to
assure that lots are laid out in a way that will produce intersections, grades and other
features satisfying the following standards:
037111101FAM
13-38 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
I The number of intersections along arterial, collector and subcollector roads shall
be held to a minimum. Wherever practicable, the distance between such
intersections shall not be less than 1000 feet along these roads.
2) Road intersection jogs with centerline offsets of less than 150 feet on existing or
proposed roads are not allowed.
3) Not more than two roads shall intersect at one point.
4) The intersection angle of a driveway access to a road, and a road to a road, shall
not be less than 75 degrees measured from the centerline of the road or driveway
access to the right-of-way of the intersecting road or driveway access.
5) The Zoning Administrator may require intersection vision clearances.
b. Subdivision roads shall provide connection to existing or planned road extensions and
adjacent unplatted property.
c. All road layout design shall be consistent with any applicable policies adopted in the
town comprehensive plan or official map.
d. Proposed roads shall extend to the boundary lines of the lot, parcel, or site being
subdivided or developed unless prevented by topography or other physical conditions or
unless, in the opinion of the Zoning Administrator, such extension is not necessary or
desirable for the coordination of the layout of the land division or for the advantageous
development of adjacent lands or Conservation Design Development.
e. All arterial and collector roads shall be built to the boundary of the subdivision.
f. All road extensions shall be constructed at the time of the development's initial road
construction.
g. Temporary termination of roads intended to be extended at a later date shall be
accomplished with the construction of a temporary"T"-shaped turnabout contained
within the road right-of-way. The T shall be constructed as shown in the figure below:
TYPICAL TEMPORARY TERMINATION
"T" - SHAPED TURNABOUT
22'- 25'MAX TO
I I ROPERTY LINE
WEDGE OF SHOULDER
R-201
22'EDGE OF BIT.
66' R.O.W. 62-
R=20f-
22'
...........
...............
if St. Croix County Land Division Ordinance 13-39
Chapter 13 County Board Draft November 29, 2005
11911#1911PIN
h. Narrow strips of land between the road and the subdivision boundary(spite strips) shall
not be permitted unless conditions under which the adjacent parcel can be connected to
the road are established.
i. The vertical alignment of the centerline shall be based on the minimum safe stopping
sight distance in accordance with the design standards of the AASHTO.
j. A permanent, platted dead-end road shall end in a cul-de-sac.
k. The total length of a cul-de-sac road shall not exceed 1000 feet unless otherwise
provided for in the town comprehensive plan or official map. The total length shall be
measured from the centerline of the intersecting road to the radius point. The Zoning
Administrator may allow a cul-de-sac road in Conservation Design Development to
exceed 1000 feet if it is not possible to intersect with another road in the development
without occupying a principal conservation area.
RIGHT-OF-WAY STANDARDS FOR
CUL-DE-SAC ROADS
80',60',OR50'RADIUS
MAXIMUM ROAD LENGTH
80',60',OR 50'RADIUS
U')
4
80',60',OR 50'RADIUS 66'OR 50'RIGHT-OF-WAY
RADIUS POINT
1. A loop road shall not exceed 1,200 feet from the intersecting road centerline to the
radius point in length unless otherwise provided for in the town comprehensive plan or
official map.
m. A one-way access road shall not exceed 2,400 feet in length unless otherwise provided
for in the town comprehensive plan or official map. The length shall be measured from
the centerline of each intersecting road.
n. The planning, location and designations of roads in an area shall not allow the
continuation of traffic from residential developments directly into commercial or
industrial developments or vice versa. The Zoning Administrator may grant a waiver if
no other option is available and appropriate buffering is provided.
o. The Zoning Administrator may require joint driveway accesses, where deemed
necessary.
p. All driveway accesses that abut a proposed road shall be constructed through the right-
of-way concurrent with the road construction.
V199..........
13-40 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
Ila affils,11MV//'IMMUN
q. The Zoning Administrator may require additional driveway access construction beyond
the right-of-way where deemed necessary to prevent erosion.
4. ROAD NAMES
a. Existing St. Croix County or town policies for naming and/or numbering shall be used.
The Zoning Administrator shall approve the naming and/or numbering of roads.
b. Approved road names shall be placed on the final plat or certified survey map.
c. Approval of road names on a preliminary plat or preliminary certified survey map will
not reserve the road name, nor shall it be mandatory for the Zoning Administrator to
accept it at the time of final plat or certified survey map approval.
d. Road names prefixes shall not duplicate any name which has already been used
elsewhere in St. Croix County, is similar to a name used elsewhere, is a name which
may cause confusion or which is difficult to spell or pronounce. This prohibition
includes roads with different ending or suffix nomenclature but the same first word or
words or prefix. For example Smith Drive and Smith Circle will not both be allowed.
Only one of the following would be allowed: Wildwood Trail, Wildtree Trail or Wylde
Woode Road.
e. Road naming suffix nomenclature shall follow the standards in the following table:
ROAD NAMING STANDARDS
Type of Road Straight Curvilinear
North/South Roads Street Drive or Lane
East/West Roads Avenue Road or Trail
Perinanent Turnabout Roads, Loop Roads or Cul-de-sacs Circle or Court Circle or Court
f. Where a road maintains the same general direction except for curvilinear changes for
short distances, the same name shall be used for the entire length of the road.
g. A road, which will potentially connect to another road, shall use the same name for all
existing and planned sections.
h. The name of the projection of a road shall use the same prefix as the road even if the
projection tenuinates in a cul-de-sac.
5. BICYCLE AND PEDESTRIAN WAYS
a. Bicycle and pedestrian ways shall meet the following standards:
I A right-of-way width of not less than 20 feet may be required where deemed
necessary by the Zoning Administrator to provide adequate bicycle and pedestrian
circulation or access to schools, parks, shopping centers, churches, and other
places of public assembly or transportation facilities.
2) The bicycle and pedestrian way will be constructed with 10 to 12 feet of paved or
limestone surface and a five to four-foot buffer on each side.
3) Bicycle and pedestrian ways in wooded and wetland areas shall be so designed
and constructed as to minimize the removal of trees, shrubs, and other vegetation,
and to preserve the natural beauty of the area.
St. Croix County Land Division Ordinance 13-41
Chapter 13 County Board Draft November 29, 2005
MINE
C. LAND DISTURBANCE RESTRICTIONS
1. STANDARDS
a. Development shall incorporate Best Management Practices for erosion and sediment
control and stormwater management.
b. Land disturbance shall be minimized wherever practicable so as to avoid excessive
grading, the extensive removal of ground cover and tree growth, and general leveling of
the topography.
c. On slopes of 25 percent or greater, no disturbance shall be permitted for activities other*
than public..improvements,, except to correct a pre-existing erosion problem on slopes
up to 35 percent.
d.........On slopes of 30 percent or_gie9er,_nq disturbance shall be permitted for public
. ex
cept cept toff co ct a Dre-existin2 erosion problem on slopes up to 35
improvements, ...
percent,
d,e,Jhe maximum disturbance allowed in slope areas between 20 percent to 2429.9 percent
shall be 10 percent of the total s.l.o.p.q..area of the proposed subdivision between 20 to
2429.9 percent.
The maximum disturbance allowed in slope areas between 12 to 19.9 percent shall be
50 percent of the total slope area of the proposed subdivision between 12 to 19.9
percent.
fg...-Slopes shall be measured as the change in elevation over the horizontal distance
between consecutive contour lines and expressed as a percent.
gJ1.For the purposes of application of these regulations slope shall be measured over a
horizontal distance of 50 feet.
h.i.All slope measurements shall be determined by a topographic survey signed and sealed
by a registered surveyor or engineer licensed to practice in the State of Wisconsin.
i.j. The Zoning Administrator may authorize exceptions to these standards for corrective
measures on actively eroding sites.
D. UTILITY EASEMENTS
1. STANDARDS
a. Utility easement areas shall be identified on the plat or certified survey map.
b. As a general rule, the width of easements shall be 12 feet, six feet of which shall be on
each side of the easement running along a joint lot line.
c. Any utility lines carried overhead on poles shall be placed in utility easements. Lots
shall be served by underground electric, gas, telephone, and cable television lines, if
available. The subdivider is responsible for stabilizing any land disturbance for the
installation of utilities.
d. To allow for the installation of underground utilities, excavation materials shall not be
stored on the easement. Where utility lines are to be installed underground, the
easement shall be graded to within six inches of the final grade by the subdivider.
e. Utility lines and equipment within an easement, whether overhead or underground, shall
not be closer than one foot to a lot line or three foot to any survey monument.
...........
13-42 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
�'Mwy(A
f. The subdivider shall coordinate the installation of utilities with the installation of
erosion control measures. The subdivider is responsible for stabilizing any land
disturbance for the installation of erosion control measures. The deposits for a financial
assurance for erosion control work shall be held until all utility work is done.
E. STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL
PLANS
1. DESIGN STANDARDS
a. Stormwater Management and Erosion and Sediment Control plans shall meet or exceed
the design criteria, standards and specifications and Best Management Practices
identified in b. through j. below and in the following documents or their subsequent
revisions:
1) NR 151 Subchapters 1, 111 and V.
2) The Wisconsin DNR Stormwater Construction and Post Construction Technical
Standards.
3) The Wisconsin Department of Transportation Erosion Control Product
Acceptability List.
4) The Wisconsin Department of Transportation Standard Specifications for
Highway and Structure Construction Manual.
5) Wisconsin Department of Transportation Facilities Development Manual, Chapter
10.
6) The United States Department of Agriculture Technical Guide 4.
b. Stormwater management and erosion and sediment control plans shall be certified by a
registered professional engineer.
c. The Developer's Agreement shall contain a provision which requires the registered
professional engineer to do the following:
1) Commit to oversee installation of all stormwater management and erosion and
sediment control features shown on the approved plans.
2) Submit a set of record drawings upon construction completion.
3) Certify that all required improvements have been installed in substantial
conformance with the approved plans.
4) This certification shall not release the subdivider from the responsibility to
construct in accordance with approved plans until town and County inspections
have been made, and approval of the substantial conformance condition has been
given by the public agencies.
d. Post development runoff volume must be maintained or reduced compared to pre-
development conditions for the 25 year, 24 hour, Type 11 storm event.
e. Peak runoff discharge rates must be maintained or reduced compared to pre-
development conditions for the 2, 10, 100 year, 24 hour, Type 11 storm event.
f. Runoff volumes and peak,discharge rates shall be calculated using Technical Release-
55 (TR-55) or an equivalent methodology, developed by the U.S. Department of
Agriculture. When pre-development land cover is cropland, rather than using TR-55
values for cropland, the runoff curve numbers in the table below shall be used.
St Croix County Land Division Ordinance 13-43
Chapter 13 County Board Draft November 29, 2005
MAXIMUM PRE-DEVELOPMENT RUNOFF CURVE NUMBERS FOR CROPLAND
AREAS
Hydrologic Soil Group A B C D
Runoff Curve Number 56 70 79 83
g. A maintenance plan shall be submitted for all designed stormwater ponds. The plan
shall list all scheduled maintenance activities and the responsible party or parties.
h. All ston-nwater management facilities shall be designed to remove 60 percent of the
total phosphorus contained in the runoff water. Pollutant loading computer models
such as Source Load And Management Model (SLAMM), P8, or equivalent
methodology may be used to evaluate the total phosphorus removal efficiency.
i. Perennial and intennittent streams, springs, and drainageways that contain concentrated
flow water during spring runoff or during a I 0-year, 24-hour, Type 11 storm event shall
be required to have a minimum filter strip for sediment trapping as defined in Natural
Resource Conservation Service (NRCS) Filter Strip practice standard, Code 393.
j. Constructed drainage swales shall be designed at a minimum to accommodate a 10-
year, 24-hour, Type 11 storm event.
F. DRAINAGE EASEMENTS
1. STANDARDS
a. Drainage easements may be required to accommodate preexisting and post-
development runoff identified in the stormwater management plan under§ 13.2 B. 3. a.
6).
b. Drainage easements may include designed stormwater ponds, drainage swales, closed
depressions and other natural watercourses.
c. In most instances, the property covered by a drainage easement shall be privately owned
as part of a lot(s) or in Conservation Design Development as part of the common open
space.
d. All regional stormwater ponds shall be located on outlots.
e. The Zoning Administrator shall approve the terms of a drainage easement.
f. The County shall be granted the authority to enforce easement rights, covenants, and/or
deed restrictions regarding drainage easements.
G. LOTS
1 GENERAL DESIGN STANDARDS
a. The size, shape, and orientation of lots shall be appropriate for the location of the
subdivision and for the type of development and use contemplated.
b. Lots shall be designed to provide aesthetically pleasing, safe and convenient building
sites, and proper architectural settings for buildings.
c. Development on slopes shall incorporate § 13.7 E. Stormwater Management and
Erosion and Sediment Control Plans.
...........
13-44 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
YK MUMPRIVIN MEN Mr/I NIP
d. Land disturbance shall be minimized wherever practicable so as to avoid excessive
grading, the extensive removal of ground cover and tree growth, and general leveling of
the topography.
e. The Zoning Administrator may require that the plat or certified survey map contain
notice to prospective purchasers that wetlands, floodplains, or steep slopes within lots
may limit building or driveway access locations.
f. Each lot affected by a High Water Elevation (H.W.E.) established for a closed
depression or constructed stormwater pond without a designed outlet shall have a
Lowest Building Opening(L.B.O.) set at a minimum of four feet higher than the
H.W.E. calculated using the Critical I 00-Year Storm Event.
g. Each lot affected by a H.W.E established for a constructed stormwater pond with a
designed outlet shall have a L.B.O. set at a minimum of two feet higher than the H.W.E.
calculated using the Critical I 00-Year Storm Event.
h. All lots in major subdivisions shall be served by new, interior public roads. An
exception may be made by the Zoning Administrator.
i. Subdivisions with 40.'3'_0-lots or more shall have two or more interconnected accesses
onto a public road existing prior to the development of the subdivision unless otherwise
provided for in the town comprehensive plan or official map. When counting lots under
this provision, all existing and proposed lots shall be counted.
j. All lots shall be numbered consecutively throughout the plat.
2. LOT AREA STANDARDS
a. Each lot must contain a net contiguous buildable area of one-half acre or more. Each
net contiguous buildable area must be capable of accommodating the building site
without disturbing areas of 25 percent and greater slope that existed prior to concept
review. Conservation Design Development lots are exempt from contiguous buildable
area standards unless onsite wastewater treatment systems are proposed.
b. Each lot must contain an area suitable for the entire on-site wastewater treatment system
and its replacement. The area for the on-site wastewater treatment system must be in
addition to the contiguous buildable area under a. above. This standard may be waived
for Conservation Design Development with an approved, appropriate common
wastewater treatment system plan.
c. Lot area shall be calculated excluding rights-of-way and lands below the ordinary high
water mark.
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St. Croix County Land Division Ordinance 13-45
Chapter 13 County Board Draft November 29, 2005
onfoomaml f
Contiguous Buildable Area
Illustrative Diagram
Not to Scale
.. .............
-------------
Onsite
fl.4-- Lot Lines
Wastewater
Slopes 25% Treatment
............
..
System Area: :l
Easement :--4—! Setbacks
...............
...........
.......... Net Contiguous
.. .... Buildable Area
0.5 Acre
.......... ............
.............
:-.:..11;1�1"Z�`.-. **- - - ..................
Shoreland/ - -----
.. ........
. .... .. ......... .......
Floodplain .............
.... . ... ...... ... .......... .....
............ .......... .........
. .. .......... .........
. ... . .......
...... ....
.
.
....... ....
........... .... ....
... ....... . ..... ........
Access
Driveway
d. Lot area for improvements and lot width, as measured from the building setback line
through the depth of the lot, shall conform to the requirements of St. Croix County's
land use regulations but shall not be less than the following table:
LOT AREA AND LOT WIDTH
Type of Development Area Minimum
Width
Subdivision served by Publicly-owned Wastewater Treatment System 10,000 Sq.Ft. minimum 75'
Subdivision in an Urban or Transitional Planning Area not served by I acre minimum 120'
Publicly-owned Wastewater Treatment System
Subdivision in a Rural Planning Area not Served by Publicly-owned I V2 acres nummup 148'2
Wastewater Treatment System 2 acres average 170'
Conservation Design Development V2 acre minimum. 86'
On the bulb of a cul-de-sac or on horizontal curves having a radius N/A.Se1PAbqYe. 50'
less than 100 feet
i
The average shall be calculated based on the approved preliminary plat or certified survey map(C.S.M),not on subsequent phases of the final plat.
2
Applicable to lots two acres and greater.
13-46 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
Typical Lot Setbacks
Illustrative Diagram
Not to Scale
.
Rear Lot Line
J
Pear
Yard
Building Line
------------------------------ --------
i Side
Lot
Line
Side
d I
':<-Yard
Side
--Side ------ -- -------
-------
Lot Building Setback Line
Line or Highway Setback
Front
Yard
Highway Right-of-Way
..................... -------------------
e. The Zoning Administrator may increase these minimums in particular cases if he/she
determines that the lot may not safely handle on-site wastewater treatment system.
f. The Zoning Administrator may set different minimums to match municipal standards
for subdivisions that are within the extraterritorial plat approval jurisdiction of the
municipality.
g. The Zoning Administrator may set different minimums in a town that has adopted a
subdivision ordinance with cluster provisions prior to the adoption of this ordinance,
provided the average density of the underlying zoning district is maintained.
h. The ratio of depth to width of a lot shall not exceed 3:1 for lots less than 10 acres. The
ratio of depth to width of a lot shall not exceed 4:1 for lots 10 acres or greater inclusive
of right-of-way. The width measurement shall be the average distance parallel to the
public road. The depth measurement shall be the distance perpendicular to the public
road. The ratio measurement shall be determined starting at the point where the lot
abuts the public road and the Zoning Administrator shall determine conformance. See
examples below for depth to width calculations.
i. Side lot lines shall be substantially at right angles or radial to road lines.
j. Lot lines shall follow local jurisdictional and zoning boundary lines rather than cross
them.
............11
St Croix County Land Division Ordinance 13-47
Chapter 13 County Board Draft November 29, 2005
k. Lots having frontage on two non-intersecting roads shall be avoided except:
1) Where essential to provide separation of residential development from arterial
land roads or to overcome specific disadvantages of topography and orientation. If
this type of frontage is allowed, a landscaped buffer at least 10 feet wide shall be
provided parallel with and outside the utility easement abutting the arterial road.
2) Direct access from an arterial road to a lot with double frontage is prohibited.
3. LOT ACCESS STANDARDS
a. No lot shall be approved that does not have road access as specified in this ordinance.
b. Each lot shall front upon a public road.
c. All lots or parcels shall have a minimum of 66 feet of road frontage, however a lot or
parcel on the bulb of a cul-de-sac or loop end of a loop road shall have a minimum of
33 feet of road frontage.
d. Each lot shall have a driveway access that connects the contiguous buildable area to the
road from which the lot takes access. The applicant shall demonstrate that the driveway
access shall not disturb wetlands, ponds, lalces, other sensitive areas and slopes 25
percent and greater that existed prior to concept review.
e. All accesses serving three or more lots or parcels shall be dedicated public roads.
f. Any private road existing prior to the effective date of this ordinance that had served
two or more lots or parcels shall be dedicated in its entirety if any additional lots or
parcels will take access from the private road.
g. If a proposed driveway access location is located on a road other than an access road,
the adjoining parcel must be examined to determine if driveway separation standards
can be met. If not, the Committee may require a waiver of driveway access from the
owner of the adjoining parcel, or may require the applicant to change the location of the
proposed driveway access.
Lot Ratio Measurement of Parallel Side Lot Lines
Illustrative Diagram
Not to Scale
Side Line
U
U
D
o Bisect Line
Cd
C)
Side Line
D=Lot Depth: The sum of the bisect lines of the side lines, between the front and back lot lines.
W=Lot Width: The perpendicular distance between the parallel side lines of the lot.
13-48 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
!��&,2+DYIIVII/d/�IAIA(VaJ2%.�II/„/1�llfl�,�M'�frilif?!1�„A!!l�?^MnR?YdW�7rilk`ZI!?ri�l/aE,,IV/1L,16�f71(fl/I,�IP1)Y�l�ll%?llaUYrv/�1��/fi�'?tllu"�1„itPi/n1f�'f2�,�71��2�Y/0,�!RPIf�f!�N�'7VNb�fi7/r�u��lY�V�ffO/liPtrrVa„7/�?6�1nFi,Nitli?N,/l»rl�/�TID,nOJ //o�, , Ir;fin' ^ 1�� ,.. r.I � ' 'r I /lA�/�l/2!0�dl�illf1�11?J??PY�))Af°lrwhr'"�I�r�f��J�Pl7JiYfNSfPi�llE"'9fiV9(Nr'Vf1�+nY!�4�rlV�/r�O1V�'aiQN��6uY�
Lot Ratio Measurement of Nonparallel Side Lot Lines
Illustrative Diagram
Not to Scale
--------------------
� Side Line --
- \
r �
' r �
bisect Line \i
O
Side
' Line
See insets Curvilinear -
Front Lot Line below.
--------------------
D=Lot Depth: The sum of the bisect lines of the two rectangles determined as shown.
W Vg=Average Lot Width: The average of base W,and base W2 of the trapezoid determined as
shown.
W, + W2
W avg= 2
Insets 1 & 2 Curvilinear Front Lot Line
Illustrative Diagrams
Not to Scale
- -------
r
� I
0
I
Inset I Alternate Inset 2 Alternate
Configuration Diagram Configuration Diagram
.,r.,
k,��Yi119d21�kJ1?eJi�VIWGdfI�nJJ11d�M'IY�IU+A!?lN,��11iPlN7rrf�!(��IV>'u�RM'/?�(fdYi irf�'DI�11 '7l'l�(�l�dV�,�i(btu/�?!�dlM�iif?l�f�al�;4UiVG"?fRHklNki(�lAk�i"ir?,'M�fG!/fld+lld�i�N�'dfl��'kNIN�Yfil7lw�!?W .L?V�rMP�"✓A�Au�'O�IC�t<ll4pi?hYfl,�d�fi?2�9�t61U�IlIi�fN?111�rfiVP��I(6101Idl�J�IIV1l��Yf�'rn�'MXP�UGY?1/?�allD!/�?f�/�ti"�Yfi?nN,�'Pd7ft?1R% d'a'l?Vl�I11f�1W11�IlP�Y�?@�!0" 0��0.f�IX�G€
St. Croix County Land Division Ordinance 13-49
Chapter 13 County Board Draft November 29, 2005
Lot Ratio Measurement of 2 Parallel Side Lot Lines
Illustrative Diagram
Not to Scale
Side Lot Line
D,
Bisect Line
---- D ____
2 ---- 4-
............—,——.—————I—� 0
Bisect Line
Side Lot Line
D=Lot Depth: The sum of the bisect lines of the two rectangles determined as shown.
W,,V9=Average Lot Width: The sum of the proportional widths of those determined rectangles as
shown.
64" Di D2
D=DI +D2 W avg kD, +D2) X W1 + j51 +D2 X W2
Lot Ratio Measurement of 2 Nonparallel Side Lot Lines
Illustrative Diagram
Not to Scale
Side Line side Line
� 4
0
sect
�d 1�p
D=Lot Depth: The sum of the bisect lines of the side lines of the two trapezoids determined as shown.
W avg=Average Lot Width: The sum of the proportional width averages of those determined
trapezoids as shown.
D, W, + W2 D2 W3 + W
-D=D, +D2 W avg X +D, +D2 2 Dj +D2 A 2
13-50 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
SINE
Lot Ratio Measurement of Combination Side Lot Lines
Illustrative Diagram
Not to Scale
Side Line
A
Bisect Line
ti
Bisect Line D3 03
CJl D 2
U
U
Side Line
...................
Side Line
D=Lot Depth: The sum of the bisect lines of the side lines of the trapezoid and rectangles determined
as shown.
W ,Vg=Average Lot Width: The sum of the proportional width or width average of those rectangles
and the trapezoid determined as shown.
D=D, +D2+D3
D, W1 + W2) + D2 X W3) D3 X W4
W aV9 D, +D2+D3 2 D, +D2+D3 D, +D2+D3
St. Croix County Land Division Ordinance 13-51
Chapter 13 County Board Draft November 29, 2005
............;;;;;;;
H. LANDSCAPE SCREENING AND BUFFER AREA
1. PURPOSE AND APPLICATION
a. Landscaping and buffer requirements are established to promote aesthetically pleasing
developments that will protect and preserve the appearance, character, health, safety and
welfare of the community.
b. These standards are intended to: increase compatibility with adjacent land uses by
requiring a buffer or screen between uses, minimize the hannful impact of noise, dust,
debris, motor vehicle headlight glare or other artificial light intrusions, and other
objectionable activities or impacts conducted or created by an adjoining or nearby use;
and preserve scenic views and/or otherwise enhance the rural landscape as seen from
perimeter roads.
c. These landscaping and buffer standards apply to new commercial and industrial
development, new residential development adjoining and across from commercial or
industrial development, new Conservation Design Development and any unique
circumstances identified by Developer's Agreements.
d. The buffer area shall be landscaped to screen any commercial or industrial lot that abuts
or is across from any area that is not commercial, industrial or other incompatible
development.
2. GENERAL STANDARDS
a. The buffer shall consist of an area of land located within and along the outer perimeter
of a lot or boundary line. The buffer may overlap drainage and/or utility easements;
however, plantings should not impede the flow of water within a drainage easement nor
should they be located on any portion of an existing or dedicated public road or right-
of-way.
b. Landscaping within the buffer area shall consist of native plant species. It should
include a mix of trees and shrubs and can also include herbaceous materials such as
grasses, vines, aquatic plants, wild flowers and other vegetative materials.
c. Where space allows, landscape plantings shall be placed in an informal, random pattern
to create a naturalized landscape.
d. The landscape plantings shall include low-maintenance, drought and salt tolerant
species.
e. Preserving existing healthy, native, non-invasive vegetation should always take
precedence over planting new vegetation and should be encouraged by crediting such
preservation toward these landscaping requirements.
f. Existing healthy trees and shrubs shall be properly protected from construction
activities in accordance with sound conservation practices.
g. The landscaped buffer area may contain any combination of preserved natural
vegetation or newly installed plantings. It may include berms, fences, or walls.
h. If a berm, fence or a wall is used, it shall be visually dominated by planted vegetation
and attain 50 percent opacity/coverage within 12 months of planting. The newly planted
vegetation should be growing on the residential or existing use side of the fence or wall.
13-52 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
ME
i. The Zoning Administrator may waive part or all of the landscaping requirements where
there is an opportunity to preserve a unique native landscape such as a native prairie,
oak savannah or woodland.
3. MINIMUM LANDSCAPING STANDARDS
a. Unless otherwise indicated, the landscaped buffer area requirement is a minimum of 80
plants per area of land 10 feet in width by 100 feet in length.
b. A combination of preserved plants or installed plants may be used. If plants are
preserved they must be shrubs or trees in order to count toward the requirement.
c. A landscaped buffer is required in the following locations:
I Along perimeter road rights-of-way/pavements.
a) A landscape buffer at least 10 feet in width shall abut the road right-of-
way/pavements for at least half of the road right-of-way frontage. If only new
plantings are used, the landscaped buffer shall include a hedge of shrubs with
a minimum height of 18 inches at time of planting. Shrubs shall be
appropriately spaced according to growth requirements of the species for the
hedge to attain 80 percent opacity at maturity and shall not exceed a height of
4 feet.
b) No landscaped buffer over 2 feet in height that might block any driver's view
shall be permitted within the vision clearance triangle of a driveway access or
road/railroad intersection.
c) The landscaped buffer may include berms, fences or walls.
2) Around the perimeter of parking lots or pavements.
a) A landscaped buffer at least 10 feet in width shall abut the perimeter of
parking lots/pavements. If an area is newly planted, the landscaped buffer
shall include plants with a minimum height of 18 inches at the time of
planting. If plants are preserved they must be shrubs or trees in order to count
toward the requirement. The buffer shall attain 80 percent opacity at maturity
3) Along property lines abutting residential development or other incompatible uses.
a) A landscaped buffer at least 10 feet in width and at least 6 feet in height at
time of planting shall abut the neighboring use. The landscaped buffer shall
attain 80 percent opacity at maturity
d. If berms are used to supplement or replace some of the planting requirements the width
of the buffer area must be adequate to accommodate the size of the berm, based on the
berm slope, crown, height and form. However, the subdivider shall demonstrate that
any reduction in required new plantings shall not reduce the effectiveness of the buffer
area screen.
e. Berms shall contain side slopes not exceeding 4 feet of horizontal distance to one foot
of vertical distance (4:1) with a maximum height of 6 feet and shall be natural in
appearance and undulating wherever possible.
f. If a hedge or hedge/berm combination is used, the shrubs shall be at least 3 feet in
height at time of planting. Shrubs of sufficient screening density shall be spaced
according to growth needs of the species for the hedge to attain at least 6 feet in height
and 80 percent opacity at maturity.
g. Preserved trees and shrubs used as the landscaped buffer must also meet an opacity of at
least 80 percent. They shall be at least 6 feet in height.
011,ff rN,nMEN? 09
St. Croix County Land Division Ordinance 13-53
Chapter 13 County Board Draft November 29, 2005
h. The Zoning Administrator may pennit alternative landscape treatments, which shall
have a buffering or screen capacity equal to or greater than the requirements set forth
here.
4. LANDSCAPING PLAN
a. A Landscaping Plan for the buffer area(s) shall be provided by a licensed landscape
architect and approved by the Zoning Administrator. It shall include and address:
1) Existing vegetation that will be preserved.
2) Quantity, size, species and root condition of proposed plant materials.
3) Proposed locations for plant materials.
4) Planting method and schedule.
5) An ongoing ownership and maintenance plan for the landscape plantings and
existing vegetation.
b. If plantings are not installed prior to approval of a final plat, a landscaping schedule
shall be specified in a Developer's Agreement.
c. Appropriate financial assurances shall be required to cover the cost of installation of
plant materials and replacement of all dead, dying, defective or diseased plant material
for a period of 18 months.
5. LANDSCAPE MATERIALS
a. All plant materials must meet the minimum standards set by the American Association
of Nurserymen.
b. Landscape species shall be indigenous or proven adaptable to the climate, but shall not
be invasive on native species.
c. Plant materials shall comply with the following standards:
I Minimum plant size shall be as specified in the following table. For the purpose
of determining trunk size, caliper inches shall be measured 6 inches above ground
level.
Plant Type Minimum size
- -7- —. —
ergreen �Teci in
T-
-Trees iv
Deciduous Overstory 2 V2"caliper inches
Deciduous Ornamental I V2"caliper inches
Shrubs: Evergreen or Deciduous 18" in height
2) Landscape materials shall be tolerant of specific conditions, including but not
limited to heat, drought and salt.
3) Existing healthy plant material may be utilized to satisfy landscaping
requirements, provided it meets minimum plant size specified in the table above.
4) Landscape materials shall be of a size that allows growth to the desired height and
opacity.
6. INSTALLATION
a. Areas to be landscaped shall be prepared, improved and planted as specified by current
Wisconsin Department of Transportation standards.
R W N2 WN)I O HO 000HE BNA V M T#%M&�Mff#M
13-54 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
WRIWIEW101391111001111 MR/I WOMEN (MIRIflIh�felyli�)l�)�,j)YFll#rlpvfelilt9g�w�ngJ
................. ..............
I. PARKS AND PARKWAYS
1. STANDARDS
a. The Zoning Administrator may require the subdivision to have parks, parkways or trails
and determine whether such areas are to be shown as lots, outlots or dedicated areas
upon a finding that duly adopted regional, County or local plans, or official maps, call
for provision of such parks or parkways, or upon a determination that the parks or
parkways are reasonably required to serve the needs generated by the subdivision or by
subdividing within the area.
b. The Zoning Administrator shall designate the site, configuration and shape of parks and
parkways within the subdivision.
J. DESIGN STANDARDS FOR SUBDIVISIONS INTENDED FOR COMMERCIAL OR
INDUSTRIAL USE
1. PURPOSE
a. It is the intent of this section to assure that the layout and construction of commercial or
industrial subdivisions satisfy the following standards in addition to the other
requirements of this ordinance because these developments can create heavier traffic
and more intensive use characteristics than residential land use.
b. The appropriateness of a commercial or industrial use within unincorporated portions of
St. Croix County is primarily addressed through land use planning and zoning. This
ordinance nonetheless requires a suitability evaluation of the proposed subdivision and
relevant adjacent land.
1) The evaluation determines suitability and serves as a basis for project design and
review of a proposed subdivision.
2) § 13.2 shall apply to a proposed subdivision and at least 1320 ft. of road frontage
on each side of the proposed subdivision and equal frontage across the road to
depths equal to the greater of the depth of the proposed subdivision or 1000 ft.
3) The evaluation shall address site characteristics and limitations, road and traffic
conditions and similar features.
4) If the Zoning Administrator determines that it is possible that the area will
develop beyond the confines of the proposed subdivision, the concept review and
the subdivision review application shall include a general plan for the area as a
context for decisions on the proposed subdivision.
2. GENERAL SUPPLEMENTAL DESIGN AND IMPROVEMENT STANDARDS
a. The widths, lengths and shapes of lots shall be suited to the planned use of the land,
zoning requirements, and the need for convenient access to roads, control of traffic, the
potential phasing or staged growth of the proposed subdivision and the limitations and
opportunities presented by the topography.
b. Lot layouts shall facilitate assembly of smaller lots into larger parcels. Generally, the
overall topography of lots shall not exceed slopes of 6 percent.
c. The Zoning Administrator may require deed restrictions for architectural control and
appearance consistent with guidelines established by the local community.
11---,--------,----,,—..111,----".—..---,.—,---,,---,,---.---,.--.-,.
OEM, MR]M MEMO
St. Croix County Land Division Ordinance 13-55
Chapter 13 County Board Draft November 29, 2005
BROWN 107affififfiffiffif)M10190100 1 110
3. SUPPLEMENTAL UTILITY STANDARDS
a. All utilities, including electric, cable television, telephone, gas, water and storm and
sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground.
b. The site layout shall allow for provision of future connection to municipal services for
sewer, water and stormwater.
4. SUPPLEMENTAL ROAD STANDARDS
a. Minimum road rights-of-way shall be 80 feet unless the right-of-way pre-exists
adoption of this ordinance. In this case, the Zoning Administrator, in his/her discretion,
may authorize a reduced minimum right-of-way based on the criteria listed in i)below.
b. Minimum pavement width shall be 24 feet.
c. Minimum turn radii shall be sufficient to handle the size of vehicles likely to use the
site.
d. Where the subdivision and/or development of the area will likely involve multiple
parcels and/or buildings, the design shall include frontage roads, shared driveway
accesses or other means of reducing direct access to arterial roads.
e. The subdivision review process shall include specification of the internal road network
and internal driveway access arrangements to assure that spacing of access points,
queuing distances, turn radii, and the like are appropriate to the volumes of traffic and
types of vehicles and vehicular movement likely to be associated with the development.
f. The Zoning Administrator shall designate a professional engineer to review road plans
and submit comments.
g. Roads shall be constructed and paved meeting designs approved by a professional
engineer designated by the Zoning Administrator.
h. The Zoning Administrator may require cross easements where commercial lots are side-
by-side to allow linking of parldng areas.
i. Road standards for commercial or industrial developments may be increased by the
Zoning Administrator. An increase of these standards will be based on relevant
information such as town comprehensive plan or official map, driveway access widths,
speed limit, number and types of vehicles using the road, parking availability, sound
engineering judgment, and any other pertinent information.
5. SUPPLEMENTAL LOT STANDARDS
a. In the case of a commercial or industrial subdivision the contiguous buildable area shall
be one and one-half acre.
b. Site plans shall be submitted that identify the contiguous buildable area and landscaping
areas.
c. Subdivision review shall include specifications that follow the landscaping screening
requirements of§ 13.7 H. of this ordinance for landscaping along the perimeter,
entrance and any public roads.
d. Any commercial or industrial lot that abuts or is across from any area that is not
commercial or industrial shall have perimeter landscape screening that follows the
landscaping requirements of this ordinance.
515RENTIMSYMPORM
13-56 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
090VIENEW
e. In design of the subdivision, every effort should be made to protect and retain existing
trees, shrubbery and grasses not actually located in rights-of way, drainageways, vision
triangles, and the like. Trees should be protected and preserved during construction.
K. CONSERVATION DESIGN DEVELOPMENT FOR MAJOR SUBDIVISIONS
1. APPLICABILITY
a. Conservation Design Development (CDD)provides an alternative set of design
objectives and standards for major subdivision for residential development.
2. PURPOSE
a. The purposes of Conservation Design Development (CDD) are as follows:
1) To provide for the unified and planned development of clustered, residential uses
which are designed and located to reduce the perceived density of development,
while still providing privacy for dwellings, and incorporate, large areas of
permanently,protected common open space.
2) To allow for the continuation of agricultural uses in those areas best suited for
such activities and when adjoining residential uses are compatible with such
activities.
3) To maintain and protect St. Croix County's rural character by preserving one or
more of these important landscape elements, including but not limited to those
areas containing such unique and environmentally sensitive natural features as
woodlands, river and stream corridors, drainageways, wetlands, closed
depressions, floodplains, shorclands, prairies, ridgetops, steep slopes, critical
species habitat, and productive farmland by setting them aside from development.
Such areas contained in primary and secondary environmental corridors,
independent environmental resources and potentially productive agricultural land,
as identified by the St. Croix County Development Management Plan, are given
particular significance for conservation.
4) To connect common open space areas between adjacent properties and create
environmental corridors throughout St. Croix County, areas contained in primary
and secondary environmental corridors, independent environmental resources and
potentially productive agricultural land, as identified by the St. Croix County
Development Management Plan, are of particular significance for conservation.
5) To preserve scenic views and to minimize views of new development from
existing homes and roads.
6) To provide greater design flexibility in siting dwellings and other development
features than would be permitted by the application of standard use regulations in
order to minimize the disturbance of rural landscape elements and sensitive areas,
scenic quality, and overall aesthetic value of the landscape.
7) To increase flexibility and efficiency in the siting of services and infrastructure by
altering road length, utility requirements, drainage requirements, and the amount
of paving required for residential development, where possible.
8) To create groups of dwellings with direct visual and physical access to common
open space.
9) To permit active and passive recreational use of common open space by residents
of the developments and/or by the public.
NOREEN .................................
St. Croix County Land Division Ordinance 13-57
Chapter 13 County Board Draft November 29, 2005
10) To reduce erosion and sedimentation by retaining existing vegetation and
minimize development on steep slopes.
11) To pen-nit various means for owning common open space, preserved landscape
elements, agricultural land, and to protect such areas from development in
perpetuity.
12) To create a stewardship approach to common open space by requiring a land
management plan for the common open space.
3. DENSITY STANDARDS
a. The total number of dwelling units that are allowed in a Conservation Design
Development is referred to as the Residential Gross Density. See St. Croix County
Zoning Ordinance § 17.21 (6).
4. RESIDENTIAL BASE DENSITY
a. The base density or the base number of allowable dwelling units is determined by the
yield plan pursuant to § 13.2 C. 3. Existing dwellings that may or may not be part of a
farmstead that will be retained shall be counted toward the base density.
5. RESIDENTIAL GROSS DENSITY
a. The residential gross density, or the total number of dwelling units that are allowed in a
Conservation Design Development, is the residential base density plus 25 percent of the
number of dwelling units prescribed by the residential base density.
CONSERVATION DESIGN DENSITY ALLOCATION EXAMPLES
Yield Plan Base Gross Dwelling Sample Breakdown Totals
Density Density Units Mix
18 Lots 18 D.U. 22 D.U. 22 S.F.D.U. 22—1-Family Detached D.U. 22 D.U.
47 S.F.D.U. 47—1-Family Detached D.U. 47D.U.
50 Lots 50 D.U. 62 D.U. 15 M.F.D.U. 5—3-Family Attached D.U. 15 D.U.
62 D.U. 62 D.U.
94—1 Family Detached D.U. 94 D.U.
94 S.F.D.U. 7—2-Family Attached D.U. 14 D.U.
100 Lots 100 D.U. 125 D.U. 31 M.F.D.U. 9 D.U.
3 —3-Family Attached D.U.
125 D.U. 2—4-Family Attached D.U. 8 D.U.
125 D.U.
D.U.=Dwelling Units
S.F.D.U.=Single Family Detached Dwelling Units
M.F.D.U.=Multi Family Attached Dwelling Units
6. PRESCRIBED LOT AREA
a. The lot size allowed under Conservation Design Development (CDD) is called the
prescribed lot area.
b. For an existing or new farmstead on a site used for Conservation Design Development,
the prescribed lot area shall be large enough to accommodate all structures within a
building envelope created by a 100-foot setback from all sides of the lot. For barnyards
or buildings that contain or will contain livestock or poultry, the setback shall be
increased to 300 feet.
13-58 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
U1........
c. The prescribed lot area of new lots shall be that which results from meeting all of the
standards and requirements of Conservation Design Development and Chapter 17, St.
Croix County Zoning Ordinance. The prescribed lot area cannot be less than one-half
acre.
7. MINIMUM COMMON OPEN SPACE AREA
a. For Conservation Design Development, the minimum amount of common open space
shall be:
1) In the County Residence District, 50 percent of the total site area excluding
existing rights-of-way and utility easements.
2) In the County Agricultural Residential District, 65 percent of the total site area
excluding existing rights-of-way and utility easements.
3) On other lands not covered in 1) or 2) above Conservation Design Development is
permitted as follows:
a) 50 percent of the total site area excluding existing fights-of-way and utility
easements if the site is in the Urban or Transitional Planning Areas identified
in the St. Croix County Development Management Plan.
b) 65 percent of the total site area excluding existing rights-of-way and utility
easements if the site is in the Rural Planning Area identified in the St. Croix
County Development Management Plan.
b. The required common open space designated in 7. a. above can be reduced by the
minimum amount necessary to prevent any allowable lot from being reduced to an area
less than one-half acre in the attempt to meet those common open space requirements.
8. DESIGN AND DIMENSIONAL STANDARDS FOR CLUSTER GROUPS
a. All dwelling units shall be in cluster groups.
b. The number of dwelling units in each cluster group shall be determined as follows:
I For Conservation Design Developments on a site 40 acres or smaller, each cluster
group shall be no more than 40 percent of the total number of dwelling units in the
development and no less than 15 percent of the total number of dwelling units in
the development, except as provided in 3), below.
2) For any Conservation Design Developments over 40 acres, each cluster group
shall be between 6 and 16 dwelling units.
3) A Conservation Design Development with a total number of 16 dwelling units or
less may contain a single cluster group if all other standards in § 13.7 K. are met.
4) The number of dwelling units in a cluster group may be decreased or increased and
each cluster group may be assembled into smaller or larger groupings,provided that
the applicant can demonstrate that such an alternative design is more appropriate for
the site, and will meet both the general intent and design objectives of this ordinance
and the goals and objectives of the St. Croix County Development Management
Plan.
c. A plat may contain one or more cluster groups.
d. All lots in a cluster group shall take access from interior roads.
St. Croix County Land Division Ordinance 13-59
Chapter 13 County Board Draft November 29, 2005
��i�r���ni����r��xr����a��iwr�,�rrrr�t�r�rm��rr�arr�alr�vr�ad�r�rr�rrrrrrrr�rrrr,,,aQrrar�iUrr�i�aQr���r�aa✓�aeoro��i���n��urrr�c!�i�i��au.irmr��i�rn�ud�au�r�tt��r�ur��,t�t�ui!���tmr��rrrr���a�m�w ����rorr�r�iew�die�.✓��eii����.,G��iiia�i�������ii��r�prr���nd�rit�i���ir�a�!�a�a�i�!o�uiu��r��u�a
e. Each cluster group shall be defined by the outer perimeter of contiguous lots or abutting
roads and may contain lots, roads, and cluster group interior open space. When the
development does not include individual lots, such as a condominium, the outer perimeter
shall be defined as an area encompassed by a line drawn around the units, no point of
which is closer to any unit than 75 feet.
f. The outer boundaries of the lot lines of each cluster group shall conform to the
separation distances in the following table:
LIMITING FACTOR - � SEPARATICIhT
DISTANCE
1. From other cluster group outer boundaries 100 feet-�
2. From existing and proposed rights-of-way of arterial or collector highways
or from state designated scenic roads 100 feet
3. From all other existing or proposed external highway or road rights-of-way 50 feet
4. From all subdivision site boundaries 100 feet
5. From cropland or pastureland 100 feet
6. From existing buildings housing livestock or poultry or barnyards 300 feet
7. From wetlands, floodplains, watercourses or drainageways 75 feet
8. From active recreation areas, such as courts,playing fields or pools 100 feet
g. The dimensional standards specified in § 13.7 K. 8. f.may be reduced under the
following circumstances:
1) The separation distances along existing or proposed arterial roads and site
boundaries may be reduced to a minimum of 50 feet only if the applicant can
demonstrate that existing vegetation, topography or a combination of these form
an effective visual screen. The Zoning Administrator may accept constructed
berms and planted native vegetation for these reduced separation distances if such
items will fonn an effective visual screen and maintenance is included in the CDD
management plan.
2) Separation distances in § 13.7 K. 8. f. 1-6 and 8 may be reduced up to 50 percent
if the applicant can demonstrate that such reduced setbacks are more appropriate
for the site concerned and will improve the project's conformance with the design
objectives in § 13.7 K. 2.,the intent of this ordinance, and the goals, objectives
and policies of the St. Croix County Development Management Plan.
h. All separation areas for cluster groups along existing roads shall be landscaped in
accordance with §§ 13.7 H. and K. 10.
i. All cluster groups shall be surrounded by open space.
j. All lots in a cluster group shall abut common open space to the front or rear. Cluster
group internal open space and common open space across from a road shall qualify for
this requirement.
,,, ,- , „W -.,,, „fiu
'+�/Ir��A&GiV�?OIJIIdrwN�'✓i,�Aldll�l6�d�11111//l�/IOJ1d0,�ilAlr;�DGr�fiNJAPfnD�liUfl�I�E7�0'l�.dOl�O/�Il1l�u;2��1�Jf.)lfl�//�0,��10��'i/h'rYIG�iP�l�llp/OI�i7kJ0//'CG,����r4Dl4WiU(�YD,�m,+i/f��d190111/.mal�,t7�CJ00JD%��;f1D!/1�hI�INYODIP�lG21211161U1��'10�1SI1�111t�0A1�'�O�,1dIdHd�IJJ��Il1i,�NYIPUG�I�,d N'l�1GiJ„�9DlUllAi/0„JIIOIY,?�'��,Yi02,�/9�.�0!9elP�rnN�fNG��,�,&yIJO/%✓�
13-60 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
ammum ommignommsm gommum
.........
k. Cluster groups shall be defined and separated by common open space in order to provide
direct access to common open space and privacy to individual lots or yard areas. Roads
may separate cluster groups if the road right-of-way is designed as a vegetated center
median.
1. Cluster groups containing 11 or more dwelling units must provide internal open space at a
minimum rate of 2,000 square feet per dwelling unit. Such open space shall meet the
following standards:
1) Internal common open space located within cluster groups shall be counted
toward meeting the overall minimum common open-space area requirement.
2) The internal open space should be configured as a cul-de-sac island, a loop lane,
an island within a larger loop or an "eyebrow" (a semi-circular loop), an island in
a center median road, a common green area, or other configurations that yield
internal open space within cluster groups. Common green areas surrounded by
lots on up to three sides shall be designed as a common space for use by all
residents within the cluster group.
3) Internal open space may contain pervious surface parking areas, but these shall not
be included in the required minimum 2,000 square feet of internal open space per
dwelling unit or minimum common open space area requirement.
in. Cluster groups smaller than 11 dwelling units may contain internal open space that is
consistent with § 13.7 K. 8. 1. 2). Such internal open space may be included in the
minimum common open-space area requirement if it contains at least 2000 square feet.
Such internal open space may contain parking areas,but these shall not be included in
the minimum common open-space area requirement.
n. Internal open space within cluster groups is not subject to the design standards for
common open space areas in § 13.7 K. 9.
o. In locating cluster groups, disturbance to woodlands,hedgerows, and individual mature
trees shall be minimized. When the objective is to preserve productive agricultural land
and large areas of contiguous land suitable for agricultural use, dwellings maybe located
within woodlands,provided that some of the canopy on individual wooded lots is
maintained. See § 13.7 K. 9. b. 8).
9. DESIGN STANDARDS FOR COMMON OPEN SPACE AREAS
a. On all sites developed under the Conservation Design Development regulations, the
minimum amount of common open space area, as set forth in § 13.7 K.7., shall be set
aside as protected common open space.
b. Common open space shall comply with the following design standards:
1) The location of common open space shall be consistent with the design objectives
in § 13.7 K. 2., and the goals, objectives and policies of the St. Croix County
Development Management Plan.
2) All open space areas shall be part of a larger continuous and integrated open space
system. At least 75 percent of the common open space areas shall be contiguous
to another common open space area. For the purposes of this section, contiguous
shall be defined as either physically touching or located within 100 feet across a
public right-of-way, for example, on opposite sides of an internal road.
]mom MINHUNINA2 rY, "WEN
St. Croix County Land Division Ordinance 13-61
Chapter 13 County Board Draft November 29, 2005
...........
3) Common open space shall, to the greatest extent possible, protect site features
identified in the site inventory and analysis as having particular value in
preserving rural character and conserving natural resources in compliance with the
intent of this ordinance and consistent with the goals, objectives and policies of
the St. Croix County Development Management Plan.
a) The protection of primary and secondary environmental corridors,
independent natural resources and potentially productive agricultural land as
identified in the St. Croix County Development Management Plan is
particularly significant.
b) It is recognized that there may be different open space preservation objectives
that will result in different areas being set aside as open space. Developments
designed to preserve rural character values may look much different from
developments striving to preserve viable agricultural land.
c) Applicants must provide an explanation of the open space objectives achieved
with their proposed development.
4) Natural features shall generally be maintained in their natural condition. If
recommended by a professional with pertinent qualifications, the Zoning
Administrator may authorize a modification to improve the natural features'
appearance or restore their overall condition and natural processes, in compliance
with an approved management plan, as described in § 13.2 C. 6. a. Pennitted
modifications may include:
a) Woodland or forest management.
b) Reforestation.
c) Meadow or prairie management.
d) Wetlands management.
e) Streambank protection.
I) Establishing native, non-invasive vegetation in buffer areas.
5) All wetlands, floodplains, unique wildlife habitat areas, slopes 25 percent or
greater, closed depressions and at least 80 percent of a primary environmental
corridor, as identified in the St. Croix County Development Management Plan,
shall be contained in common open space. The requirement that at least 80
percent of a primary environmental corridor be contained in common open space
can be reduced under the following conditions:
a) The site is predominantly primary environmental corridor and development at
the permitted density would not be possible without encroaching further on
the primary environmental corridor.
b) It can be demonstrated that additional development within the primary
environmental corridor meets the overall objectives of this ordinance.
c) All wetlands, floodplains, unique wildlife habitat areas, slopes 25 percent or
greater, and closed depressions remain in common open space.
d) Any reduction of a primary environmental corridor included in common open
space below 80 percent shall be the minimum needed to achieve maximum
permitted density or a stated open space objective.
6) Common boundaries with existing or future open space on adjacent sites shall be
maximized.
7) In order to preserve scenic views, ridgetops and hilltops should be contained
within common open space wherever possible.
13-62 St Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
n rU�dW.PGI�HPCfSfu7ChDdJ�(2�U(�fG,7ZM2lIVntl�l�ll,//�lJl�In�i�llll�il�`�'L�1.111i,DlUIG'�lfl/llF;//11/P'�:1llIA(Uf,AID(I,�riO>li1MRU1�dS31k�01:i�'R�%i�I1H�AI�(Nl�i7(�'PI7JI„pAlCf�20`6�R>XIIG�u��POi�"��r,P,'P�;11NI�l�A1PrG1y�1��,�Ad�Ultlif�l�P,��IOJ,YIf„Vlif��rl�ll�l4YVG",1td'�'�^%PdVP£rr�r��'MVJI�frrlUr7�'�'�i�!k4fr�2,MWr�i�fl�"N+�d(�YV�i'IOCIVk71fVS�f�Y�7�a"1XI�
8) At least 80 percent of the area of existing woodlands shall be contained within
common open space; 20 percent of the area of existing woodlands may be used
for lots and residential development. This limitation may be exceeded under the
following conditions:
a) The site is primarily wooded, and development at the permitted density would
not be possible without encroaching further on the woodlands.
b) It can be demonstrated that additional development within the woodlands
meets the overall objectives of this ordinance.
c) The stated objective is to preserve productive agricultural land.
d) Any encroachment on the woodlands beyond 20 percent shall be the minimum
needed to achieve maximum permitted density or a stated open space
objective.
9) Any development of woodlands 40 acres or larger with at least one-quarter mile of
width shall have cluster groups arranged around the periphery of the woodlands to
preserve as much of the woodlands interior habitat as possible. The arrangement
of the cluster groups around the periphery shall preserve natural undisturbed
corridors to the interior.
10) No common open space area shall be less than 10,000 square feet in area and not
less than 30 feet at its smallest dimension, with the exception of internal open
space within cluster groups, as described in § 13.7 K. 8. 1. and m. Open space not
meeting this standard shall not be counted toward the total required minimum
common open space area.
11) Under no circumstances shall all common open space be isolated in one area of
the development. Common open space shall be distributed appropriately
throughout the development to properly serve and enhance all dwelling units,
cluster groups, and other common facilities.
12) Common open space shall include lands located along existing public roads in
order to preserve existing rural landscape character as seen from these roads, and
shall, in no case, contain less than the required buffer, setback area, or separation
distance.
13) To ensure adequate protection of natural and cultural features, no more than 25
percent of common open space shall be used for active recreational purposes.
14) When common open space is utilized for some or all of the permitted sewer and
water facilities, then an easement shall be granted which describes the right of the
individual property owner to have access to the common open space to construct,
maintain, gain access and/or replace a private sewer or water facility.
Additionally, the restrictive agreement on the common open space utilized for
sewer or water facilities will include appropriate limitations to prevent
compaction of the soils used for sewage treatment.
c. Safe and convenient pedestrian access and access for maintenance and emergency
purposes shall be provided to common open space areas that are not used for agricultural
purposes, in accordance with the following:
1) At least one access point per cluster group shall be provided, having a width equal
to or greater than 50 feet within the cluster group.
2) This width may be reduced to no less than 16 feet if the applicant can demonstrate
that, due to natural site conditions, meeting the above requirement would run
counter to the objectives of this ordinance.
r i r
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St. Croix County Land Division Ordinance 13-63
Chapter 13 County Board Draft November 29, 2005
OWN"WRA
3) This access may be in the form of an easement.
4) Access to common open space used for agriculture may be restricted for public
safety and to prevent interference with agricultural operations.
d. The following areas shall not be included in common open space areas:
I) Private lot areas.
2) Road and highway rights-of-way, public or private.
3) Railroad and utility rights-of-way, except underground pipeline rights-of-way.
4) Parking areas.
5) Areas not meeting the requirements of§ 13.7 K.9. b. 10).
6) Farmsteads.
10. LANDSCAPING FOR CONSERVATION DESIGN DEVELOPMENT
a. Preservation of existing native vegetation.
I For the purpose of conserving native vegetation and in recognition of the time
value of existing native vegetation, the preservation of existing native, non-
invasive vegetation shall generally be preferred to the installation of new plant
material, and the excavation of sites shall be minimized.
2) Within all required separation areas between cluster groups and external roads and
site boundaries, existing woodlands and hedgerows shall be retained to the
maximum extent possible.
3) Suitable existing native vegetation shall be credited toward the landscaping
requirements of this ordinance when it would equal or exceed the desirable visual
impact of the new required plant material after two years of growth.
4) All new landscaping to be installed and existing native vegetation to be preserved
shall be protected in accordance with the standards specified in this ordinance.
b. Trees Along Roads.
I) Trees of native species shall be planted along internal roads within cluster groups.
2) Trees may be planted, but are not required, along internal roads passing through
common open space.
3) Informal, irregular or natural arrangements are encouraged for trees along roads,
to avoid the urban appearance that regular spacing may evoke.
4) Trees shall be located so as not to interfere with the installation and maintenance
of utilities and paths, trails, or sidewalks that may parallel the road.
5) Tree plantings shall comply with all applicable regulations in this ordinance.
c. Buffers
1) Within all required separation areas between external roads and cluster groups, a
vegetated buffer area at least 25 feet in width shall be maintained or established.
Where no natural trees and shrubs exist, native plant materials shall be planted.
2) Where native vegetated buffers do not exist within separation areas between
cluster groups, planted buffers using native species are encouraged, to enhance
privacy and a rural appearance between cluster groups.
3) Required buffers around wetlands, all waterbodies and drainageways, and closed
depressions must be naturally vegetated or planted with native plant species
appropriate to the surrounding landscape.
4) Buffers consisting of an informal, irregular or natural arrangement of native plant
species combined with infrequent or prescriptive mowing are strongly
encouraged, to create a low-maintenance, naturalized landscape.
13-64 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
'TYPICIA1 , CONV] I'TVIONIAI , ,�,AYMJT
(Yfl [A PkAl\l)
ROAD TOTALS=7,045 LIN.FT.
ROAD TOTALS=170,000 SQ.FT.APPROXIMATE
MINIMUM LOT SIZE 1.5,(2.0 ACRE AVERAGE)
50 49 48 43
WETLAND 42Z
41
47
SI, PES 25%
2
45 44
40
46
3
------\
Owrl OND----------
4
36
39
5 37 38
SL PES 25
MEANDER D LAKE
8
35
6 7
9
34
WETLAND
0
12 11
33
0
13 32 /29
31 30
14
15
'FOWN ROAD
24
DRAINAGE
16 25
26 27 28
V)
\-16
35
34
33
17 23
21 20 19
18 22
EXISTING TOWN ROAD
St. Croix County Land Division Ordinance 13-65
Chapter 13 County Board Draft November 29, 2005
TYPtCAk ' " 013MVIS) ION kAYMUT
ROAD TOTALS=7,022 LIN.FT. YIELD PLAN =50 LOTS
ROAD TOTALS=135,000 SQ.FT.APPROXIMATE BASE DENSITY =50 D.U.
MINIMUM LOT SIZE 0.5,(0.52 ACRE AVE.PROPOSED) 125%GROSS DENSITY =62 D.U.
TOTAL LAND AREA=113.60 ACRES(EXC.LAKE)
ExisTiNG FARM SINGLE FAMILY =47 D.U.(47 LOTS)
TOTAL LOTS AND ROW AREA=36.37(32%) 3-FAMILY UNITS =15 D.U.(5 LOTS)
TOTAL OPEN SPACE(OUTLOTS)AREA=77.23(68%)
V v V V V
V v V V
L 19 V V
SLOPES 25% lb V V
5 �)6
19 Pic 0146,
18 0 V V V
18
3 V 7 21 V V V
1 17
17
8
21
2
16 2 ---
23
9
oMM(0 SN
sn"M 15
10 4 'O"T243 23
q 12 13
j,
37 24
29 25
35 029 28 27 26
J'OND )
SLOPES 25% 35 30
NIF NDERMLAKF
31
34
3 32
WEIIIND
d /
0 PARK AREA
47 48
0
46
49
*41
*40 140 45
50
_,g 44
ITHREE FAMILY 1`39 51
DWELLING UNITS
*38 52
49
5 0
,I
5 P2
it COMMON C',Z SYSTEM DRAINAGE WAY
LOTS 38-52:
MM0
SYSTEM
(AI'TIRNA E)
EXISTING TOWN ROAD
13-66 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
COMMON ANI'll)
PRINCIPAL CONSERVATION AREA
EXISTING FARM
CLUSTER SIZE=6 MINIMUM-16 MAXIMUM
RAMUS 30Y
AGRICULTURAL LAND
n�w
0 SLOPES,25
CLUSTER GRO
�
OPEN SPACE COMMON V,
HV
CLUSTER GROUP D
C'
NIFANURLDLAKE j
CLUSTER GROUP B +
4�
1 4
wEri.AND
1 1 4 1 1
j 1 1 4 4 1
COMMON OPEN SPACE
I PARK AREA
0
CLUSTER GROUP F
/ - Q
INTERNAL OPEN SPACE z
DRAINAGE WAY—
COMMON OPEN SPACE
71
EXISTING TOWN ROAD
St. Croix County Land Division Ordinance 13-67
Chapter 13 County Board Draft November 29, 2005
13.8 CONSTRUCTION WITHIN SUBDIVISIONS & FINANCIAL ASSURANCE
A. CONSTRUCTION INITIATION
1. STANDARD
a.__ All wand...gr di.ng,5ite...pre ar.ati.on...an d....improvenentsrequired..by,t q..#Pploved
Proi.min QrJ9 Up
M yal of the final plat suX.Y.Py
...... ....... .......... .........
E(�UIED,INSTALLATIONS
1. STANDARDS
a. The subdivider shall have_surveymonuments,_installed in accordance with the
..installed._.
requirements of Wisconsin Statutes 236.15 and as mavbe reciuiredbv the.Zoning
................................................................................................................Statutes............ ................ ................required 9
.A..dl.ml.i.n..i.s..t..r..a.t..o..r...
b. The subdivider shall install all required stormwater drainage features as required in the
—---------
stormwater m4fl4gemnPrIt.plan.
c. The subdivider shall construct or install all erosion and sediment control measures
specified in the erosion and sediment control and stormwater manag-qmqgt plan._If. f the
.erosion a.nd.--s..ed.i.mle.nt,,.co-n.tro-1 ,fe.a.t.u.re,s-.ar.e-.dam.a,2,ed or altered yA meat
-----erosion. .damaged b he
I
restoration of them shall be the responsibility of the subdivider unless the subdivider
assigned responsibility__ maintenance to the owner of the
9 - 1--l—
lot on which the damage or alteration occurred.
d. An road intersectin2 with a public road, and an road servin2 more than two lots, shall
................... -1................................................................................................ --..........1-.1-- -.1-1 ...........................-.11.1-11,1..............................- .....................-- .............. ................................ ..........................
bqjmproved by the subdivider,.including necess4y Mdggi,.,culverts and,ditches, to
.................................................................................................................................. .................................................--..................... ............................................... ..............
standards cstabltjkQd-by-Lhe town or standards found within � 13.7. B.
2. TIMEFRAME
a..........The ins.t.all ation of the required improvemen.t.s...or..removal...o.f.existin..featu.res..and
tmpqjqry ructureswill
b'e'id"e'nt'ifi"ed i'n th'e co"nstr'u"cti'o*n P1'anso'r a'Pqyejppgr.'..s. _Agreement,
.... ........--........................
b. All required improvements shall be installed and completed in substantial conformance
....................I....................................I..........................I —......................................I I..........................11 11.11.1 ................................................... . . ......... ............................................... .......................
withwith the approved plans and as specified in the construction plans or a Developer's
._ .......................---- I............................................. .-I............. .................... ................................ ........................................................
Ag.r prn!gnt.within one year following the effective date of the initial financial
I............................... ............................................... .......... ... ....the......................... _financial
assurance.'* ' * *'*
C. A Developer's Agreement mav contai -EQy)L-jqrj5-to address the failure to install
required-imp improvements_within one year. such as penalties and the use of financial
LQ�L -----—",-.............such
......----penalties_.
------
assurances to.pqe,,p
- y those penalties._
d. lf.jhq.-j:Nuired-kmp.-KQ-Kqjjjpnts are not installed within one year, then the Zoning
Administrator jnay--subj,ect the subdivider to forfeitures and use the financial assurance
to stabilize the site.
Wrol MINIM'10'M
13-68 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
lopd(E#gwlg(6)kl�AFOWN19�9rd"4f�lly�m�FNf,)WFA WEENWINNYWHIS
A.C. FINANCIAL ASSURANCES-T-ANDARDS
1. PURPOSE
a. A financial assurance shall be provided to ensure the proper construction, installation
and maintenance of required roads, utilities, ston-nwater management and erosion and
sediment control measures, required landscaping and other improvements, removal of
existing features, and temporary erosion and sediment control and stormwater
management structures.
b. A financial assurance may be required to ensure the proper construction and installation
of required survey monuments.
2. ASSURANCE
a. The owner or the subdivider shall be responsible for providing the assurance.
b. The nature and duration of the assurance shall be structured to achieve installation and
maintenance without adding unnecessary costs to the responsible party.
c. The Zoning Administrator may extend the time allowed for installation of an
improvement for which the assurance has been provided.
d. The assurance shall be required before the construction of required improvements and
as a condition of the preliminary subdivision approval.
1) The assurance shall be 25 5-0,percent of the estimated cost of installing an
improvement.
2) The assurance shall be valid until substantial completion of all required
improvements and released by the Zoning Administrator.
3) The assurance shall be retained upon completion of the required improvements for
maintenance purposes.
a) The retained assurance shall be for a period not to exceed 2 years after final
acceptance of an improvement.
b) In the event that other governmental agencies or public utilities obtain title to
the improvement, or the improvement is covered by a maintenance agreement
or other assurance to another governmental agency, no assurance shall be
retained.
3. MAINTENANCE OF COMMON FACILITIES AND OPEN SPACE
a. In the event that the common facilities and open space of a Conservation Design
Development are not maintained in reasonable order and condition in accordance with
the Management Plan and all applicable laws, rules, and regulations, the Zoning
Administrator may serve written notice upon the responsible person or organization and
upon the residents and property owners in the development setting forth the reasons
constituting the failure to maintain the common facilities and open space in reasonable
condition.
b. Such notice shall set forth the nature of the corrections required and the time within
which the corrections shall be made.
c. Upon failure to correct within the time specified, the following provisions will apply:
I The Zoning Administrator may take corrective action in the event a person or
organization fails to maintain open space or common facilities according to the
Management Plan as outlined in § 13.2 C. 6.
Ty
St. Croix County Land Division Ordinance 13-69
Chapter 13 County Board Draft November 29, 2005
2) The Zoning Administrator may take corrective action, in consultation with the
town or towns in which the open space or common facilities are located, and bill
the town for the work.
3) The town, following Wisconsin Statutes § 66.0703 can levy special charges upon
property within the development.
4) Any additional corrective action taken by the Zoning Administrator shall be
pursuant to § 13.13-1.2-of this ordinance.
4. FORM
a. The assurance shall be secured.
b. The Zoning Administrator may select from a variety of secure means including, but not
limited to, the following:
1) A surety bond from a bonding company authorized to do business in this state.
2) An irrevocable letter of credit from a reputable bank or lending institution
acceptable to St. Croix County.
3) Cash or an instrument readily convertible into cash.
B.D. RELEASE OF ASSURANCE
1. DECISION PROCESS
a. Upon substantial completion of all required improvements, the responsible party shall
notify the Zoning Administrator of the completion of and cost of the improvements in
writing, by certified mail.
b. The Zoning Administrator, in consultation with appropriate persons, shall inspect the
improvements and shall authorize approval, partial approval, or rejection of such
improvements.
c. A statement of reasons for rejection and corrective action shall be provided in writing.
d. The responsible party shall correct the condition specified by the stated corrective
action within the time stated.
c. If the corrective action is not completed within the specified time, the Zoning
Administrator may utilize the assurance to complete the corrective action.
f. If the Zoning Administrator takes no action to approve,partially approve, or reject the
improvements within 45 days of receipt of the notice of substantial completion, the
improvements shall be deemed to have been approved, and the responsible party and/or
surety, if any, shall be released from the assurance for such improvements, less any
amount retained under § 13.8 AC. 2. d..-4bovp
2. PARTIAL APPROVAL OR DENIAL
a. Where partial approval of the improvement is granted, the responsible party shall be
released from liability under the assurance to the extent of the approval.
b. If approval of the improvement is denied, the Zoning Administrator shall utilize the
assurance to see that improvements are properly completed.
MM MMMU N M ME MMMMMMNMMEM MM N M MIe MMPM
13-70 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
EXEMN,Al
...........
13.9 DEVELOPER'S AGREEMENT
A. AUTHORITY AND PURPOSE
1. AUTHORITY
a. The Zoning Administrator may require and enter into agreements, called Developer's
Agreements, concerning the development and use of land within St. Croix County with
the owner and subdivider of such property, and with the other governmental units with
jurisdiction.
2. PURPOSE
a. Provide a method for the Zoning Administrator and owners and subdividers of land to
create agreements specific to the land being developed.
b. Describe in detail the terms, conditions, and other provisions relating to the
development.
c. Include terms, conditions, and other provisions that are mutually agreed to but may not
otherwise be specified within this ordinance, provided the public interest is served.
d. Provide a more certain set of terms and conditions for the development than provided
by this ordinance, which simplifies enforceability by the Zoning Administrator, other
governmental units, and the owner and subdivider of the land.
& STANDARDS
1. PROCESS
a. The Developer's Agreement shall be:
1 Approved by the Zoning Administrator as part of the prelim nary plat
approvalp I qrA I p start
t'art of construction.
uction.
2) Recorded, by the owner or subdivider in the office of the St. Croix County
Register of Deeds within 30 days of its approval and before construction
commences.
3) Binding upon and enforceable by St. Croix County, the owner and subdivider and
all subsequent owners of the property for the term of the agreement.
2. REQUIREMENTS
a. The Developer's Agreement shall be mutually developed by the parties, be in writing,
and include:
1) A statement identifying the owner and the subdivider responsible parties to satisfy
and/or enforce the tenns of the Developer's Agreement.
2) The names of the parties to the Developer's Agreement.
3) A description of the property being developed.
4) A statement detailing how the Developer's Agreement is consistent with the
County and local comprehensive development plans.
5) The effective date of the Developer's Agreement.
6) The term of the Developer's Agreement.
7) Identification of and a timeline for the installation of required temporary and
pennanent improvements.
St. Croix County Land Division Ordinance 13-71
Chapter 13 County Board Draft November 29, 2005
8) Identification of and a timeline for the removal of existing features and temporary
erosion and sediment control and stormwater management structures.
9) Identification of and a timeline for maintenance to be performed.
10) The parties contracted with for the installation and maintenance of improvements.
11) The details of the financial assurance required by this ordinance.
12) A reiteration in full of the provisions of 3. below.
3. TERMINATION
a. A Developer's Agreement may be canceled or revised at any time by:
1) The mutual written consent of the parties; or
2) The Zoning Administrator if he/she finds that a hazard or other unexpected
situation that threatens the public health, safety or welfare exists on or near the
land that was unknown at the time the agreement was adopted, and the owner or
subdivider is unable or unwilling to immediately correct the situation.
b. The Zoning Administrator shall notify the other parties in writing that a situation exists
that would threaten the public health, safety or welfare if development were to
commence or continue and all development activities shall cease.
F3
13-72 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
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STANDARD
a.All-l-anal-grading,—site-preparation-and i=riipr-ovcment-s-r-equircd-by--the-appro-ved-pr-dirt inary
plat;-s-hall-occur-pnorto-appr-oval--of-the-f na1-plat-o--r fin-al-certif ed survey--rnap-
B.IIEQ TIMED-INSTALLATIONS
ISTANDARDS
a.The.-subdivider-shall.ha7v,e survey monuments.installed in accordance with the
requirements-of Wisconsi-n-gtatutes--§--236:1.5 and-as-iriay be-required-by-the-Zoni-ng
Administrator:
b.The-subdivider-s-ha-l-l-install--al-l-required--stormwater dr-ainage-features_as-required--in the
stormwater management plan:
e.The subdivider shall construe-t-or install all erosion and.sediment control measures
speci-f ed in the_erosion and sediment control.and.stormw,Tater management plan... If the
erosion and sediment control..features are damaged..or altered by.any means;.the
restoration.of them shall be the responsibility of the subdivider unless the.subdivider-
has. by written agreement, assigned_responsibility for maintenance to the owner.-Of the
lot on which the damage or alteration occurred.
d.Any road intersecting w,ith a public.road, and any road serving more than.two lots, shall
be.improved by.the.subdivider,including necessary bridges,culverts anrd ditches,.to
standards-.established bythe-t-ovwn-or st-andards-found-within-§-I17 B.
2 T1 mirt r, m-E,
a.The.installation of the required improvements or removal of existing features.and
temporary.management structures will be identified in the construction.-plans-or a
Developer's.Agreement.
b.All--required-improvements-sh-all-be-instal-led--and-eompleted insubstantial Cori-fora-ranee
w-i-th-the approved--plans-and--as--specifi-ed-in-the-construuetion-plans-or-a-Developer's
Agreement-with-in-one-year-following-the--effective-d-ate--o the-initial-financial
assurance.
c.A-Developer'-s-Agreement-inay-eontainpruvwision-s_to-addr-ess-the€ailure-to-install--r-equired
i-mpr-oveinents--w-ithin-one�yearsuch-as-penalties-and-the-use-of final'lcial_assurances to
pay-those-penalties:
d.If the required improvements are...not installed.,within one year,then the Zoning
Administrator may subject.the subdivider to forfeitures and use the financial assurance
to complete the improvementsst b l.ire„t , ..:9 t, .
Y�PF/Id'�f✓r71t'rilff��tY((Odti�Z�rfl9,�2�.Pllli4�S�YntitU�9�4flgttiG�T�'!Gh✓fil�l6ttNR��it21�(N9(�U7Vf�'lJ1�k�OWDNIl9'd��i6A�/Asfu'�fl�V"?SJ£�X�PY!IM 7�,ail�'r�9✓1✓/�J���iQn�"f4lrkihSPaPMtiPiG9���91M�1�2if6�V,�ii���-0W/�If6?�"tB�Yli�PrN14N�H�dI(�kh(�✓Ilt�ilr2"SllJIP//sA�101ttA/dta&i�,�U�,p,dPolr'2`^,tit/Pdlll�°I(lti ttf��l,CP?�i��✓tl�(VVO?kJk�1G�14W�11o`SN
St. Croix County Land Division Ordinance 13-73
Chapter 13 County Board Draft November 29, 2005
SETBACK REDUCTION AND ADMINISTRATIVE APPEAL
A. WAIVER OF DESIGN STANDARDS
1. PURPOSE
a. If a subdivider can clearly demonstrate that one or more unique conditions affecting the
land to be divided make the literal application of one or more of the design standards
impracticable or unduly burdensome, the Committee may waive such standards as may
be reasonable, provided that the waiver is not contrary to the general intent and
purposes of this chapter and the health, safety, general welfare and aesthetics of the
neighborhood.
2. APPLICATION FOR WAIVER
a. An application for a waiver of design standards shall be made by the subdivider on a
form provided by the Zoning Administrator.
b. It shall be filed with the Zoning Administrator at or before filing the preliminary plat or,
if the unique condition is discovered later, at the time of discovery.
c. The application shall fully state all facts relied upon to support the waiver and shall
include drawings, studies, plans, or other infori-nation that will aid the Committee in
reviewing the application.
d. The Committee shall hold a public hearing on the application.
3. CONDITIONS
a. The Committee action shall comply with the following conditions:
I A waiver shall not violate the general intent and purposes of this ordinance or be
detrimental to the health, safety, general welfare or aesthetics of the
neighborhood.
2) The condition for which a waiver from a design standard is sought must be unique
to the property.
3) A waiver may not be based on mere inconvenience or financial hardship to the
subdivider or a self-created hardship of the subdivider.
4) A waiver is necessary for the preservation and enjoyment of substantial property
rights possessed by the subdivider.
5) A waiver shall provide only the minimum relief necessary to alleviate the
hardship.
4. APPROVAL PROCESS
a. A Class 2 notice shall be published for the hearing.
b. Additionally, notice shall be mailed to the town(s) in which the proposed subdivision is
located, any municipality with extraterritorial plat approval jurisdiction, and adjacent
landowners.
c. The Zoning Administrator shall be responsible for providing all notices.
5. DECISION
a. The Committee shall approve, deny, or approve with conditions an application for a
waiver within 60 days of filing the application with the Zoning Administrator.
..................... rlfff, PON
13-74 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
b. If a decision is not made within the 60 days, the waiver shall be deemed approved,
unless the time for making a decision is extended in good faith.
c. The decision shall be in writing and shall explain the reasons for the decision.
I) The original decision shall be filed in the Zoning Administrator's office.
2) The Zoning Administrator shall provide the subdivider a copy of the decision
within five business days of the decision.
3) A copy of the decision shall be mailed to the subdivider, the town(s), and
municipality(ies).
d. A waiver application decision is an administrative decision that may be reviewed by the
St. Croix County Board of Adjustment under §13.11 11011.1C.below.
B. ROAD SETBACK REDUCTION
1. STANDARDS
a. The road setback on an approved final plat or certified survey map may be reduced to
that specified in the applicable governing zoning ordinance, if the following standards
are met:
1) The setbacks in a recorded subdivision are changed by a corrective instrument
prepared by a Wisconsin registered land surveyor and recorded.
2) A setback reduction shall only be allowed on vacant lots.
3) A setback reduction shall only be allowed in the unusual circumstance where a
reduction of the adjustment will allow the lot to be in greater compliance with
other standards and the objectives of this ordinance.
4) The Committee shall approve the setback reduction.
b. The request for a setback,reduction shall be processed using the procedures found in §
A. above.
C. ADMINISTRATIVE APPEAL
1. DECISIONS APPEALABLE
a. All administrative decisions shall be in writing.
b. Any person, company, partnership, corporation or government unit aggrieved by a
written administrative decision made by the Zoning Administrator, or his/her designee,
or the Committee may appeal the decision to the Board of Adjustment.
c. The Board of Adjustment shall have the power to hear and decide appeals where it is
alleged there is error in any decision, interpretation, or determination made by the
Zoning Administrator, or his/her designee, or the Committee in the administration of
this ordinance, following Wisconsin Statutes § 59.694.
2. PROCEDURE, FOR APPEAL
a. An aggrieved person may appeal a decision to the Board of Adjustment within 30 days
of the date of a written decision,
b. An appeal of a decision shall be in writing and shall be made on a form provided by the
Zoning Administrator and shall be filed with the Planning and Zoning Department.
c. The Planning and Zoning Department will prepare notices and schedule the appeal with
the Board of Adjustment.
IN
St. Croix County Land Division Ordinance 13-75
Chapter 13 County Board Draft November 29, 2005
111213.11 FEES
A. STANDARDS
1. STANDARD FEES
a. Any person applying for a land division, shall pay fees to the St. Croix County Planning
and Zoning Department for the cost of administration, review, inspection, advertising,
legal review and processing.
b. Any person requesting a waiver to the standards of this ordinance shall pay a fee to the
St. Croix County Planning and Zoning Department for the cost of the hearing,
advertising and processing.
c. All fees shall be established by the Committee and published by the Zoning
Administrator in a fee schedule.
d. Preliminary and final plats, which are submitted in a digital fonn approved by the
Zoning Administrator and using St. Croix County Coordinates, may be eligible for
discounted fees as determined by the Zoning Administrator.
e. No refund of fees paid for a valid application shall be made after any costs have been
incurred by the Planning and Zoning Department in processing the application.
2. EXTRAORDINARY FEES
a. The subdivider shall pay a fee equal to the cost to St. Croix County of any extraordinary
legal, administrative or fiscal work done in connection with the plat or certified survey
map.
b. The subdivider may be required to reimburse the County for the expense of a legal
opinion from the St. Croix County Corporation Counsel or outside counsel confirming
title or sufficiency of deed restrictions, covenants, conservation casements,
condominium instruments Developer's Agreements or other documents related to the
subdivision.
c. These fees may also include the cost of obtaining professional work or opinions
including, but not limited to, engineers, surveyors, foresters, hydrogeologists, landscape
architects or land planners.
3. IMPACT FEES
a. If the St. Croix County Board enacts an ordinance authorizing impact fees, such fees
shall be paid as a condition of subdivision approval as provided in the ordinance.
MHOWN I METNEIVIO Iffl,","s 0 W 'M U MIA
IMMUMME
13-76 St Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
"VIOLATIONS AND FORFEITURES
A. AUTHORITY
1. STANDARDS
a. Any person, partnership, corporation or other entity that fails to comply with the
provisions of this ordinance shall, upon adjudication of violation,be subject to penalties
and forfeitures as provided in Wisconsin Statutes §§ 236.30, 236.31, 236.32, 236.335,
and 236.35. These sections provide penalties for:
1) Improperly recording or causing to be recorded a final plat that does not comply
with submittal requirements of Wisconsin Statutes or County regulations.
2) Offering for sale lots in a final plat that has not been recorded unless the offer or
contract for sale includes language making the sale contingent upon approval of
the final plat, and the sale void if the plat is not approved.
3) Disturbing survey monuments in violation of state law or County regulations, or
not placing survey monuments as prescribed by state law or County regulations.
4) Subdividing lots that fail to conform to Wisconsin Statutes Chapter 236 or any
applicable Department of Commerce administrative rules, or this ordinance.
5) Selling land which abuts on a road which has not been accepted as a public road
unless the seller informs the purchaser in writing that the road is not a public road
and maintenance is not required to be performed by the County or town.
b. Any failure to take action on past violations shall not operate as a waiver of the right to
take action on present violations.
2. PROCEDURES
a. The Zoning Administrator may institute any appropriate action or proceeding against
violators of this ordinance as provided by law or this ordinance, including issuing
citations [St. Croix County Chapter I - Citation Ordinance] or commencing a lawsuit
seeking forfeitures and/or injunctive relief.
b. In general, the Zoning Administrator shall use the following, in the order listed, to
address violations of this ordinance:
1) Issue a notice of violation and order that specifies the corrective action to be taken
2) Issue a citation for a violation.
3) Refer the matter to legal counsel for evaluation and commencement of a lawsuit
when the violation merits such action.
c. The Zoning Administrator is not mandated to follow the order of possible action if, in
the Zoning Administrator's discretion, a situation requires different action.
3. FORFEITURES
a. Any person, firm or corporation who is adjudicated for violating this ordinance shall
pay a forfeiture of not less than $10 per violation nor more than $1,000 per violation
and/or be subject to injunctive relief.
b. Each day a violation exists is a separate violation.
c. Additionally, the person adjudicated for violation of this ordinance shall pay court costs
and reasonable attorney's fees. The remedies provided herein shall not be exclusive of
other remedies.
"I..............
St. Croix County Land Division Ordinance 13-77
Chapter 13 County Board Draft November 29, 2005
INDP19
PEFINITIONS
A. PURPOSE
1. INTERPRETATION
a. For the purpose of administering and enforcing this ordinance, 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.
4) All definitions that refer to Wisconsin Statutes shall incorporate any revisions or
amendments to statutory language.
5) All definitions other than those referenced below shall be as the normal definition
found in a standard dictionary.
B. DEFINITIONS
1. Best Management Practices (BMPs): Structural or non-structural measures, practices,
techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in
stormwater runoff to waters of the state. BMP's may be utilized for days, weeks, months or
years and are removed from the site when no longer needed.
2. Bulb of Cul-de-sac: The arc of the terminating radius, not including the reverse curves onto
the tangents of the uniform road width.
3. Certified Survey Map (C.S.M.): A map showing division of land prepared in accordance
with Wisconsin Statutes § 236.34 and this ordinance.
4. Closed Depression: A natural geological formation in the earth's surface characterized by
having no direct overland surface water outlet. Closed depressions commonly found in St.
Croix County have developed through two distinct geological processes, karst development
and glaciation. Sinkholes and enlarged bedrock fractures are examples of closed depressions
found in karst while kettles or kettleholes are typical of glacial formed closed depressions.
Refer to Closed Depression Map of St. Croix County, WI. 1991.
5. Committee: The St. Croix County Planning and Zoning Committee. The Committee is the
County planning agency under Wisconsin Statutes § 236.45(2)(a) and has professional staff
charged with administering planning legislation described in Wisconsin Statutes § 236.10.
6. Contiguous Buildable Area: The area of a lot for structures exclusive of wetlands,
floodplains, shoreland setbacks, ponds, lakes, drainageways, road rights-of way, easements,
applicable structure setbacks, slopes of 25 percent and greater and other sensitive areas.
7. Critical 100-Year Storm Event: The I 00-year back-to-back storm event or the I 0-day
snowmelt event, whichever is more restrictive.
13-78 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
............
8. Developer's Agreement: An agreement between St. Croix County, alone or with other
governmental units with jurisdiction, and the owners or subdividers of property within the
County regarding the subdivision and subsequent development and use of said property.
9. Extraterritorial Plat Approval Jurisdiction: The unincorporated area within 3 miles of the
corporate limits of a city of the first, second or third class if the city has a subdivision
ordinance or official map, or within 1-1/2 miles of the corporate limits of a city of the fourth
class or a village if the city or village has a subdivision ordinance or official map.
10. High Water Elevation (H.W.E.): The H.W.E. shall be calculated, assuming developed
conditions, using the Critical I 00-Year Storm Event for closed depressions and stormwater
ponds.
11. Homeowners Association: An association of homeowners in a particular subdivision, planned
unit development (PUD), condominium or other development organized to manage the
common area of the development, provide community facilities and services for the common
enjoyment of the residents, and/or to enforce the association rules, regulations and/or restrictive
covenants, which rules, regulations and/or restrictive covenants shall be recorded. Each lot or
homeowner in the development shall be a member of the association subject to a proportionate
charge for the expenses of the association.
12. Land Divisions: A subdivision, minor subdivision, major subdivision, re-subdivision, replat,
or parcel add-on.
13. Lot: A parcel of land numbered in sequence with other parcels shown on a plat or certified
survey map.
14. Lowest Building Opening (L.B.O.): The lowest window, door or other inlet elevation at
which water may enter a building.
15. Major Subdivision: A subdivision resulting in the creation of five or more lots from a parcel
that existed 5 years prior to the date of the application.
16. Minor Subdivision: A subdivision resulting in the creation of four or less lots from a parcel
that existed 5 years prior to the date of application.
17. Native Vegetation: Those species of vegetation that occurred naturally in pre-settlement
Wisconsin. Refer to the Original 1830's Vegetation Map of Wisconsin.
18. Navigable Waters: All natural inland lakes within Wisconsin and all streams, ponds, sloughs,
flowages and other waters within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are determined to be navigable under Wisconsin Statutes §
30.10.
19. 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 by erosion,
destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other
easily recognized characteristics.
- - ----",1--". - -
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St Croix County Land Division Ordinance 13-79
Chapter 13 County Board Draft November 29, 2005
cxfl CAB) NOW(
20. Outlot: A lot remnant or parcel of land within a plat remaining after platting, which is intended
as fo.r.,open space or other use, for which no development is intended other than that which is
accessory to an the,open space use. An outlot may not be developed for any use or structure
that rewiresa private, onsite wastewater treatment system.
21. Parcel: Contiguous land under single ownership, not separated by public roads or railroad
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 ordinance.
22. Plat: A map of a major subdivision prepared in accordance with Wisconsin Statutes § 236 and
this ordinance.
23. Professional Wetland Delineator: A Professional Wetland Scientist (PWS), Wetland
Professional In Training (WPIT), or a Licensed Soil Scientist or Professional Engineer with
demonstrated experience and training in the procedures and methodology outlined in the 1987
Army Corps of Engineers Manual for Wetland Delineation.
24. Rare, Threatened or Endangered Species: Species and natural communities that are listed
as Endangered or Threatened/or have a State Rank of S 1, S2 or S3 on the Wisconsin Natural
Heritage Inventory.
a. Endangered: Any species whose continued existence as a viable component of this state's
wild animal or wild plant population is determined by the Wisconsin Department of Natural
Resources to be in jeopardy on the basis of scientific evidence.
b. Threatened: Any species that appears likely to become, within the foreseeable future, on
the basis of scientific evidence endangered as determined by the Wisconsin Department of
Natural Resources or the U.S. Department of Interior.
c. Rare: Those species about which some problem of abundance or distribution is suspected
but not yet proved. The main purpose of this category is to focus attention on certain
species before they become threatened or endangered.
25. Road: A public way for vehicular traffic, this term includes highways.
26. Road Classification System: Roads are classified based on many factors, including speed and
volume of traffic. Road classifications fall into a four-category hierarchy. The classifications,
in descending order are arterial, collector, subcollector and access roads (see diagram below).
The Wisconsin Department of Transportation (WisDOT) and the St. Croix County Highway
Department determine arterial and major and minor collector road status on their respective
systems and the current functional classification will be used. The St. Croix County Planning
and Zoning Department, in conjunction with the appropriate municipal jurisdiction, determines
subcollector and access roads. Classifications are shown on the St. Croix County Official
Functional Classification Road Map. Residential roads may fall into any of these
classifications except arterial. The functional descriptions of each of these classifications
follow:
0911
13-80 St Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
..........
-----------
a. Arterials: Provide for rapid speed and movement of high volumes of traffic between
areas. An arterial road should have no private accesses on it. Its function is to conduct
traffic between communities and activity centers and to connect communities to major state
and interstate highways. There are two types of arterials,principal arterials and minor
arterials. Principal arterials are those highway corridors that have trip length and travel
density characteristics of an interstate or interregional nature. Principal arterials, in general,
serve all urban areas greater than 5,000 population and may include: interstate highways,
freeways, expressways, four-lane divided highways and two-lane highways. Minor arterials
are those highways, which in combination with principal arterials, serve cities,
communities and other major traffic generators providing intra-regional and inter-area
travels. Minor arterials may include four-lane divided highways, two-lane highways and
county trunk,highways.
b. Collectors: Provide for moderate speed and movement of medium volumes of traffic and
distribute traffic from arterial roads. There are two types of collector roads, major collectors
and minor collectors. As the principal road within residential or commercial areas, these
collectors carry relatively high traffic volumes and convey traffic from arterial roads to
lower-order roads. A collector's function is to promote the free flow of traffic; as such, the
roads should not have parking or private residential access. A collector's secondary
function is to serve abutting land uses. Major collectors provide service to moderate sized
communities and other intra-area traffic generators and link those generators to larger
population centers and higher function highways. Minor collectors provide service to all
remaining smaller communities and tie local traffic generators with the rural surrounding
area. Minor collectors are spaced consistent with population density so as to collect traffic
and bring all developed areas within a reasonable distance of a higher-order road.
c. Subcollectors: Connect with access roads and convey traffic to major and minor
collectors. Like an access road, a subcollector provides frontage and access to residential
lots but also carries some through traffic to access roads. A subcollector is a relatively low-
speed, low-volume road. Subcollectors include all roads not identified as major or minor
arterials, major or minor collectors or access roads. Generally, subcollectors are all town
roads in the original town road grid system and town roads identified as through roads or
subcollectors on a town comprehensive plan or official map. Some roads in a subdivision
may be subcollectors instead of access roads if the two ends of the road extend beyond the
boundary of the subdivision and one end of the road eventually connects to another
subcollector or higher order road.
d. Access Roads: Roads designed to conduct traffic between individual parcels or lots and
higher order roads. Access roads provide for low-speeds and low volumes of traffic and
convey traffic to subcollector, collector and arterial roads. As the lowest-order road in the
hierarchy, the access road usually carries little through traffic and includes short roads, cul-
de-sacs, and courts. Access roads include local roads within conventional subdivisions,
local roads within Conservation Design Development subdivisions, cul-de-sacs, loop roads,
lakeshore roads that existed prior to 1974, and roads not otherwise classified located in
unincorporated hamlets, including Boardman, Burkhardt, Cylon, Emerald, Erin Comers,
Forest, Hersey, Houlton, Huntington, Jewett, Johannesburg and New Centerville.
1. Cul-de-sac: Roads closed at one end with turn-arounds, not platted for extension.
2. Loop: Short, one-way through roads that turn back to the originating road.
..... ......... WITNEVINOW,
St. Croix County Land Division Ordinance 13-81
Chapter 13 County Board Draft November 29, 2005
3. Temporary Dead-end: Roads that terminate in a"T" turn-around and are platted for
future extension.
Functional Classification System Diagram
Arterial
0
2.
0
Access
0
aIMD
J
Subcollector
27. Shoreland: Lands within the following distances from the ordinary high water mark of
navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream
or to the landward side of the floodplain, whichever distance is greater.
28. State Subdivision: The division of a lot, parcel or tract of land by the owners thereof, or their
agents, for the purpose of transfer of ownership or building development where the act of
division creates 5 or more parcels or building sites of 1-1/2 acres each or less in area, or where
the act of division creates 5 or more parcels or building sites of 1-1/2 acres each or less in area
by successive division within a period of 5 years.
29. Subdivider: Any person,partnership, corporation, or other entity creating a subdivision.
30. Subdivision: A division of a lot, parcel or tract of land by the owner or the owner's agent for
the purpose of transfer of ownership or building development where the act of division creates
or results in one or more parcels or building sites of less than 35 acres in area. A subdivision
can be created by the following means:
a. Recording a plat or certified survey map.
b. Recording any other document or instrument that creates a parcel not previously created
pursuant to this ordinance or its predecessor.
c. Foreclosure of a mortgage or a land contract if the foreclosure creates and/or conveys a
parcel not previously created pursuant to this ordinance or its predecessor. This subsection
is not to be construed as endorsing a policy encouraging rezoning or subdividing of a parcel
as a prerequisite to obtaining a mortgage when inconsistent or incompatible with
surrounding zoning or uses.
13-82 St. Croix County Land Division Ordinance
November 29, 2005 Chapter 13 County Board Draft
31. Unique Wildlife Habitat Areas: Aquatic and/or terrestrial communities that:
a. Are composed of physical attributes and/or vegetation that are not common in St. Croix
County and that therefore support species or certain life functions of species that are not
supported in other locations of the County;
b. Are specific locations known to support endangered, threatened or rare species or
communities; or,
c. Serve as linkages to important habitat in adjoining areas.
32. Watershed: The land area that drains to a common point.
IMF
Fiffill
St. Croix County Land Division Ordinance 13-83
Chapter 13 County Board Draft November 29, 2005
1.
13-84 St. Croix County Land Division Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
UO ,ld�d 1t6 ,.fi!ILd1Y,/iaJ(9/Lr
..l ,-111— .," ,,1- ,""," I/1,..„Y'12„Vi7rlr✓1c10UIm/1eN1011,700/�re�JllubOfl,U;'�
§ 17.09 DEFINITIONS
Delete Agricultural Use and replace with the following:
Agricultural Use: Beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur
farming; forest and game management; grazing; livestock raising; orchards; wholesale plant
greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits,
nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning
land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to
3836; participating in the milk production termination program under 7 USC 1446 (d); and vegetable
raising.
Add the following:
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,hoes, rakes, shovels, and other garden and farm variety tools and utensils.
Nursery, Wholesale: The onsite propagation and growing,storage, and sale of garden plants, shrubs,
trees, or vines. for,resaleProducts rai11111111111sed onsite may be sold,onsite.,including incidental rRetail sales of
any other products are not_allowed.conducted from within-a building-and not to exceed 20 percent of the
combined wholesale and retail sales volume-during-any-year,and. not including Ggarden centers_are not
included.
Outlot: A lot remnant or parcel of land within a plat remaining after platting, which is intended as,for
open space or other use, for which no development is intended other than that which is accessory to an
the_open space use. An outlot may not be developed for_any use_or structure_that requires a private,
onsite wastewater_treatment system.
Delete: CLASSES OF HIGHWAYS. (a), (b), (c) and (d) and replace with the following:
Road: A public way for vehicular traffic; this term includes highways.
Road Classification System: Roads are classified based on many factors, including speed and volume
of traffic. Road classifications fall into a four-category hierarchy. The classifications, in
descending order, are arterial, collector, subcollector and access roads (see diagram below). The
Wisconsin Department of Transportation (WisDOT) and the St. Croix County Highway
Department detennine arterial and major and minor collector road status on their respective
systems and the current functional classification will be used. The St. Croix County Planning and
Zoning Department, in conjunction with the appropriate municipal jurisdiction, determines
subcollector and access roads. Classifications are shown on the St. Croix County Official
Functional Classification Road Map. Residential roads may fall into any of these classifications
except arterials. The functional descriptions of each of these classifications follow:
(a) Arterials provide for rapid speed and movement of high volumes of traffic between areas.
An arterial road should have no private accesses on it. Its function is to conduct traffic
between communities and activity centers and to connect communities to major state and
..........................................................................
'>FrG�PtarlllliN,(aU�.G.UIGIJI�JJiJIG!/Ali;4i.1./0%'/r///6/✓IJAG�:".J10,.7/rro,3�!/�LAYfr,IrG;ltlY!9.//41�1M6Ur7?�/Y1Ulf�»,IPIJ,JU,,fllr.>tJ!/%lJ/%9L..,,...1./0%.,.Ilr.,,1%ffl�,n2�,,,!0��/li9,l�rU,.le,6ll?,1/1l%lUl,}Xrd,(//f!lplu„'„dJ/erirL(Gcl91lICC,11/',r�XY+,,.f�,9G;('./4.clrlQ/L„nIZ.JIf110.�Gldl/IOY,rr�i.',lJ/OIX.,�d�Id1GrCfP.,�/C!/11l/�/dD9lll/Go/II,�G',V,`'a,IIMYUE
St. Croix County Zoning Ordinance 17-1
Zoning Ordinance Amendments County Board Draft November 29, 2005
l M,��Id,:Ild62df;(fl�ill//rJ1if%010011�i/1r61�I1%//1////�O�!//Il1AI(/I/lG/G/1/(//l'l�',911Dlfr�i2,NNrfld�(O�It�IrllN�ldl�J,�IG2i0ls/0/ClN>11P4'bA�',//%.,2T�llAlrlW7.,..,G/Ol/�O,l<�Y4lM?�(�/OCOMIII��a(fu/G.DiGLf.Or(�,l/dll6eJ'.M/11�0/f�/�/f/lam//Sri/7�/�6Ad�ifllGs/dvrll/1l�/rllb0%llGl%iA0„lI�F7/2%liJlr(�>!11@VIl1r,;,11//9�1SPLd8�'1�6`7&UIl,Jlu1///q.11�7ffr1�1f111/D/In9�P9�1�"V;�/�la�
interstate highways. There are two types of arterials, principal arterials and minor
arterials. Principal arterials are those highway corridors that have trip length and travel
density characteristics of an interstate or interregional nature. Principal arterials, in
general, serve all urban areas greater than 5,000 population and may include: interstate
highways, freeways, expressways, four-lane divided highways and two-lane highways.
Minor arterials are those highways, which in combination with principal arterials, serve
cities, communities and other major traffic generators providing intra-regional and inter-
area travels. Minor arterials may include four-lane divided highways, two-lane highways
and county trunk highways.
(b) Collectors provide for moderate speed and movement of medium volumes of traffic and
distribute traffic from arterial roads. There are two types of collector roads, major
collectors and minor collectors. As the principal road within residential or commercial
areas, collectors carry relatively high traffic volumes and convey traffic from arterial
roads to lower-order roads. A collector's function is to promote the free flow of traffic;
as such, the roads should not have parking or private residential access. A collector's
secondary function is to serve abutting land uses. Major collectors provide service to
moderate sized communities and other intra-area traffic generators and link those
generators to larger population centers and higher function highways. Minor collectors
provide service to all remaining smaller communities and tie local traffic generators with
the rural surrounding area. Minor collectors are spaced consistent with population
density so as to collect traffic and bring all developed areas within a reasonable distance
of a higher-order road.
(c) Subcollectors connect with access roads and convey traffic to major and minor collectors.
Like an access road, a subcollector provides frontage and access to residential lots but
also carries some through traffic to access roads. A subcollector is a relatively low speed,
low-volume road. Subeollectors include all roads not identified as major or minor
arterials, major or minor collectors or access roads. Generally, subcollectors are all town
roads in the original town road grid system, and town roads identified as through roads or
subcollectors on a town comprehensive plan or official map. Some roads in a subdivision
may be subcollectors instead of access roads if the two ends of the road extend beyond
the boundary of the subdivision and one end of the road eventually connects to another
subcollector or higher order road.
(d) Access roads are designed to conduct traffic between individual parcels or lots and higher
order roads. Access roads provide for low speed and low volumes of traffic and convey
traffic to subcollector, collector and arterial roads. As the lowest-order road in the
hierarchy, the access road usually carries little through traffic and includes short roads,
cul-de-sacs and courts. Access roads include local roads within conventional
subdivisions, local roads within Conservation Design Development subdivisions, cul-de-
sacs, loop roads, lakeshore roads that existed prior to 1974, and roads, not otherwise
classified located in unincorporated hamlets, including Boardman, Burkhardt, Cylon,
Emerald, Erin Corners, Forest, Hersey, Houlton, Huntington, Jewett, Johannesburg and
New Centerville.
`� "' , �` r i"/f i/ rr' /(' � /(I/1GA G7 ,rlit111��//0/��llPrrlb��rfllfl(lf�?tlfi�Q�FR/!llG✓%/�lr//��>��rtllll�allYl�/00�411,:/!�?l�"160��rr111.vl�dOl�l111d,�kMh7rUfilahi(i(�tV1011I0G1IllIIG���J�f//�//�f1M4Nir�/Gl➢/�6d'G�i�IVat.��l��ll�1MlD`dY�ldl!lldlllU�9lill/�XI,/�C,/frLglik�'k�itlul�'lh1N➢U4�G�sullfidAI'PS
17-2 St. Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
RENEE
I Cul-de-sac roads are closed at one end with turn-arounds not platted for
extension.
2. Loop roads are short, one-way through roads that turn back to the originating
road.
3. Temporary dead-end roads terminate in a"T" turn-around and are platted for
future extension.
Functional Classification System Diagram
Arterial
0
0
6
0
0
Access 0
Subcollector
Amend the following:
§ 17.12 GENERAL PROVISIONS.
Add the following:
§ 17.12
(7) Any construction or land disturbance activities affecting more than 10,000 square feet on
slopes 12 to 19.9%with the slope measured over a horizontal distance of 50', shall require a
land use permit and shall be subject to the following standards:
(a) An erosion and sediment control plan shall be submitted and incorporate BMP's
that meet or exceed the WDNR Stormwater Management Technical Standards.
(b) The erosion and sediment control plan shall include all of the following items:
1. Description of construction sequencing.
2. Contact infonnation for property owner, grading contractor, and erosion
control subcontractor as applicable.
3. Site map showing all of the following:
a. Property boundaries.
b. Existing and proposed buildings.
C. Locations of buildings on adjoining properties.
d. Soil types.
e. Grading limits.
................... .......... ............... .......... .......... ................ ...........
SWERPOWHIP)REIII),I
St. Croix County Zoning Ordinance 17-3
Zoning Ordinance Amendments County Board Draft November 29, 2005
HERININIMEHI� MOM
f. Pre and post construction drainage patterns.
9. The locations and quantities of all BMPs.
h. Water bodies with OHWM and OHWM setback.
i. Wetland boundaries.
j. Existing and proposed wells and POWTS.
k. Existing and proposed vegetation.
(8) Any construction or land disturbance activities affecting slopes 20 to 24.9%with the slope
measured over a horizontal distance of 50', shall require a land use pen-nit and shall be
subject to the following standards:
(a) An erosion and sediment control plan shall be submitted and shall incorporate
BMP's that meet or exceed the WDNR Stormwater Management Technical
Standards.
(b) A stormwater management plan shall be submitted and shall meet the
performance standards described in NR 151 Subchapter 111, Non-Ag Performance
Standards.
(c) The erosion and sediment control plan and the stormwater management plan must
be prepared by a registered landscape architect, professional soil scientist,
professional engineer, engineer in training, certified professional in erosion and
sediment control, certified professional in storm water quality, certified soil tester,
or other licensed professional acceptable to the Zoning Administrator.
(d) The erosion and sediment control plan shall include all of the following items:
1. Description of construction sequencing.
2. Contact information for property owner, grading contractor, and erosion
control subcontractor as applicable.
3. Site map showing all of the following:
a. Property boundaries.
b. Existing and proposed buildings.
C. The location of buildings on adjoining properties.
d. Soil types.
e. Grading limits.
f. Pre and post construction 2-foot contours.
9. Pre and post construction drainage patterns.
h. The locations and quantities of all BMPs.
i. Water bodies with OHWM and OHWM setback.
j. Wetland boundaries.
k. Existing and proposed wells and POWTS.
1. Existing and proposed vegetation.
(e) Construction may not proceed until the Zoning Administrator has approved the
plans.
(f) The property owner shall execute and record an affidavit describing the approved
storm water management plan and maintenance requirements with the County
Register of Deeds within 30 days after construction is completed.
.........
01091HAIVINSPICH ............
17-4 St. Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
N (441�1//!1(✓NUplpl,;y�(S1il!OcJ/(U1pppllfGlG/L/1{Ut(KQUf1NJGlr„//ll%J„l"A�71ll'J'1P1111pIpD/G//.%/✓T%.11UUk2!B&,IIGrJ�i(�11/)GUl'IIX�2?1lJ//n fui ,e S 1/,r i !/ ,///Ir N sr / /i/ 1 !IA U 11 f U? ! .I „//,i Idl F J' ,JmrG�r.!1U.RY/'rcG/,//,a/cll!//.iGLla,..I,,.,lINI�U/>9JJJU1,2N7/iylr,2,�1/ILf!//1,di//�;ollJrrlUll,Mr;r.Nll/rvi.A'J/D9H/NUJaN„L1J/1�147Ul,fJll/lSUl7UU�ikU✓,�.��,ddldl>Nd�l�l4Y.lill(Siur"JdVIUh.r//,gyp/J/G�IL/dilll(1dti0��lk�
1. The affidavit shall alert subsequent purchasers of the land of the
maintenance requirements of the plans.
2. The property owner shall submit a copy of the affidavit along with a
record drawing and photos of the storm water retention/detention devices,
drainage ways to the Zoning Administrator.
§ 17J (9)__ _ Any construction or land disturbance_activities_for public_improvements affecting slopes 25
to..29.9%o with the slope measured over a horizontal distance of_50',.shall.require a_land use
permit and shall be subject to_the standards in(8)_above.
§ 17.12 (91.0) Any construction or land disturbance activities other than for public i mrovements.affecting
slopes 25%or greater with the slope measured over a horizontal distance of 50', shall be
prohibited.
17 12 (11) Any construction_or land disturbance_activities for public improvement affecting slopes_3.0%
or,greater with the.slope_measured over a horizontal distance of 50', shall be prohibited.
§ 17.13 (1) (0 Conservation Design Development pursuant to § 17.21 CONSERVATION DESIGN
DEVELOPMENT and Conservation Design Development application, and design
review, objectives and standards pursuant to Chapter 13 LAND DIVISION.
§ 17.15 (1) (e) Conservation Design Development pursuant to § 17.21 CONSERVATION DESIGN
DEVELOPMENT and Conservation Design Development application, and design
review, objectives and standards pursuant to Chapter 13 LAND DIVISION.
§ 17.13 (2) (c) The minimum lot size for Conservation Design Development shall be one-half(V2) acre.
§ 17.15 (2) (Add at the end.) (Does not apply to Conservation Design Development.)
§ 17.15 (2) (a) The minimum lot size for Conservation Design Development shall be one-half(V2) acre.
§ 17.13 (4) (c) The minimum permitted side yard for an accessory building in the a_residence district shall
be 5' from the lot line,provided it is detached from the main building. When an accessory
building is attached or connected to the main building, they shall be considered to be as one
and the conditions in par. (a) above shall rule.
§ 17.13 (4) (d) When an accessory building is detached it shall be separated from other buildings by a
minimum of 10',measured from edge of roof overhang to edge of roof overhang.
§ 17.13 (4) (e) The minimum side yard for Conservation Design Development shall be 10' for any main
building and 5' for any accessory building.
§ 17.13 (5) REAR YARD. There shall be a rear yard of not less than 25'in depth for any main
building. Accessory buildings shall be provided with a minimum rear yard of not less than
5'.
�1,.,NrI�U�N�JG11(Grrp/l�//?�✓ili,,JiU�N,,,. 7 r6 i /I, ✓ r,/ //�/ r,f J/„ !r.�//0/�.Gdr�/Uar�l,,,✓/,.Ol r,%�1lb.11l9(fIGiO�Mf.<,PlJI�IrUI./,Jrd%n,N,°Jf„'1NNlrfi1N//lr/,J�,1111111�C/r:/2u/./ll�%uaJ!!d✓1011%L!l.,.C!0,01.,1,✓,,,�„1/a./mcl,i�,cs/1,NI0„''il/dl/lGP„'„lime„G../u41vdG�lr�.LD,L1l/f/d/�l,.dl(Ul/�n4111„?/,�/idd2/1IG41NL%G/dfi9UBrl.'p1Ui7�7�rI01,iil�dOJ/✓/D.iA1N,0%!O,p,Ii,!/!i(Tu/oi,9f?1GrP//7(d.9///II�G'�i.'p/b'�VEa11t"
St. Croix County Zoning Ordinance 17-5
Zoning Ordinance Amendments County Board Draft November 29, 2005
W V SUMMERS,
§ 17.13 (5) (a) The minimum rear yard for Conservation Design Development shall be 10 feet for any
main building and 5 feet for any accessory building.
§ 17.13 (5) (b) Accessory buildings shall be 10' from other structures, measured from edge of roof
overhang to edge of roof overhang.
Delete the following:
§ 17.13 (6) (d) Any construction or land disturbance activities on slope of 20%or more with the
horizontal interval of measurement being 25 feet when calculating slope. Except
conservation practices identified in a currently approved soil and water conservation
plan.
§ 17.14 (6) (1) Any construction or land disturbance activities on slope of 20%or more with the
horizontal interval of measurement being 25 feet when calculating slope. Except
conservation practices identified in a currently approved soil and water conservation
plan.
§ 17.145 (6) (q) Any construction or land disturbance activities on slope of 20% or more with the
horizontal interval of measurement being 25 feet when calculating slope. Except
conservation practices identified in a currently approved soil and water conservation
plan.
§ 17.15 (6) (t) Any construction or land disturbance activities on slope of 20% or more with the
horizontal interval of measurement being 25 feet when calculating slope. Except
conservation practices identified in a currently approved soil and water conservation
plan.
§ 17.18 (1) (d) Any construction or land disturbance activities on slope of 20% or more with the
horizontal interval of measurement being 25 feet when calculating slope. Except
conservation practices identified in a currently approved soil and water conservation
plan.
§ 17.19 (1) (d) Any construction or land disturbance activities on slope of 20% or more with the
horizontal interval of measurement being 25 feet when calculating slope. Except
conservation practices identified in a currently approved soil and water conservation
plan.
17-6 St. Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
.U!/,4rly/(M)":V7r/VJdJI'DIIJiYi1"Jr�1U9lILLDA„YUG�UUJ11177�fi„69,N��.II/GL>i%J/..;4G/J/✓1!!//UQDiroU/lll//PllllDf�[IIt�"G.9 J l/ ,-/ //r I l,7 � .'I"' /// (/ /,-G // rl f / r' r"' +-r 81P1d1w47UYliNI�,VU6(dal„,d�l/Jr/A(9rr/rUial2,,l,✓�i!1211GnieUfiUJ01/,///dG'UIJIO/D�/JU11�1r�0�P��fIGUilfJ�iV6G,/UI107;U!//GUr,,,OJ��G/Ol.lug(AUU/,I1GAGrtnl9df�r��?Jlh�Alpl.blUhkk�UVGQ&iAJDUIJUUIRI�I"�BBI��VJ�U�DiN1��PU1fG�UODY�fWfJl�
Add the following:
§ 17.21 CONSERVATION DESIGN DEVELOPMENT
(1) PURPOSE. The purposes of Conservation Design Development (CDD) are as follows:
(a) To provide for the unified and planned development of clustered,residential uses which are
designed and located to reduce the perceived density of development, while still providing
privacy for dwellings, and incorporate large areas of permanently protected common open
space.
(b) To allow for the continuation of agricultural uses in those areas best suited for such
activities and when adjoining residential uses are compatible with such activities.
(c) To maintain and protect St. Croix County's rural character by preserving one or more of
these important landscape elements, including but not limited to those areas containing
such unique and environmentally sensitive natural features as woodlands, river and stream
corridors, drainageways, wetlands, closed depressions, floodplains, shorelands,prairies,
ridgetops, steep slopes, critical species habitat, and productive fannland by setting them
aside from development. Such areas contained in primary and secondary environmental
corridors, independent environmental resources and potentially productive agricultural
land, as identified by the St. Croix County Development Management Plan, are given
particular significance for conservation.
(d) To connect corm-non open space areas between adjacent properties and create
environmental corridors throughout the County. Areas contained in primary and secondary
environmental corridors, independent environmental resources and potentially productive
agriculturalland, as identified by the St. Croix County Development Management Plan, are
given particular significance for conservation.
(e) To preserve scenic views and to minimize views of new development from existing homes
and roads.
(f) To provide greater design flexibility in siting dwellings and other development features
than would be permitted by the application of standard use regulations in order to minimize
the disturbance of rural landscape elements and sensitive areas, scenic quality, and overall
aesthetic value of the landscape.
(g) To increase flexibility and efficiency in the siting of services and infrastructure by altering
road length,utility requirements, drainage requirements, and the amount of paving required
for residential development, where possible.
(h) To create groups of dwellings with direct visual and physical access to common open
space.
(i) To permit active and passive recreational use of common open space by residents of the
development and/or the public.
(j) To reduce erosion and sedimentation by retaining existing vegetation and minimizing
development on steep slopes.
(k) To permit various means for owning common open space,preserved landscape elements,
agricultural land, and to protect such areas from development in perpetuity.
Y / ��','i!/iRll1%,/frr(Q//1'l6tl/feu/rGS91�sJ(l1U/Idlt!!(1/1011JJ11GuJ/U2'�%4'J1tl11UDaslJ"DPI///I�il1LIl011tU1(YU✓�illd'?dHGiIOIIVDI%/6A (//ll /,/l, / /1 /' ii/ ,,/F ///�I,� +I r N P / r /'1Ual(l,,cllfl.Jl�l2/JOli�k>ti,Jrll9li/7¢/GldlJUl/�llGl.eae v✓,„JJ/IIJJJUCUIU(�IGGL/tl/f2�//�i/ilfGl/JLr.,../2/yJ�1,911L UAkbINUJUiId!%UfdDf7lU�UlG/PUNf!"/A.duv?U„��9'UirUllGpD/rJIJiU,.JSIrfU�Vu,°G71171!UIOAIiU"9PA6Y�141861Srt
St. Croix County Zoning Ordinance 1 7-7
Zoning Ordinance Amendments County Board Draft November 29, 2005
NOW NNE ENSEEffill 1=0190120019 f PC of(091
(1) To create a stewardship approach to common open space by requiring a land management
plan for the common open space.
(2) The standards in this section shall replace the underlying zoning district's standards.
(3) PERMITTED USES. Land within a Conservation Design Development (CDD)may be used for
the following purposes:
(a) Pennitted uses in the residential portion, not the common open space portion, of the
Conservation Design Development:
1. Single-family dwelling units and related accessory structures.
2. Parking areas where necessary to serve single-family dwellings.
(b) Permitted uses in the Common Open Space portion of the Conservation Design
Development shall include all uses permitted in the CONSERVANCY DISTRICT(§
17.33), except § 17.33 (2) (d) and (f), and similar uses and golf courses.
(4) SPECIAL EXCEPTIONS. The following uses, upon issuance of a special exception permit as
provided in § 17.70 (7), and provided that the use shall not adversely impact the rural character
of the development and shall be consistent with the design objectives listed in § 17.21 (1), may
be allowed:
(a) Special Exceptions in the residential portion, not the common open space portion of the
Conservation Design Development.
I. Institutional and government uses.
2. Minor home occupations.
3. Bed and breakfast establishments.
4. Attached single-family residential dwelling units of 2, 3 or 4 dwelling units in one
attachment. No more than 25 percent of the total number of dwelling units in the
Conservation Design Development as identified in the yield plan shall be duplexes,
twin homes or attached.
(b) Special Exceptions in the Common Open Space portion of the Conservation Design
Development.
1. Special exceptions allowed in the CONSERVANCY DISTRICT(§ 17.33), except §§
17.33 (3) (b), (c), (d), (e) and (f).
2. Equestrian boarding and riding facilities available only to development residents. A
590 Nutrient Management Plan is required.
3. Swimming pools available only to development residents.
(5) PROHIBITED USES. All pennitted,principal, accessory and special exception uses not
expressly provided for above are prohibited.
(6) DENSITY STANDARDS. The total number of dwelling units allowed in a Conservation
Design Development is referred to as the Residential Gross Density.
(a) Residential Base Density. The Residential Base Density, or the base number of allowable
dwelling units, is determined by the yield plan pursuant to § 13.2 C. 3., St. Croix County
Land Division Ordinance. Existing dwellings that may or may not be part of a farmstead
that will be retained shall be counted toward the base density.
6 6 6 WIN
6
17-8 St Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
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(b) Residential Gross Density. The Residential Gross Density, or the total number of dwelling
units allowed in a Conservation Design Development, is the Residential Base Density plus
25 percent of the number of dwelling units prescribed by the Residential Base Density.
CONSERVATION DESIGN DENSITY ALLOCATION EXAMPLES
Yield Flan Base Gross Dwelling Sample Breakdown Totals
Density Density Units Mix
18 Lots 18 D.U. 22 D.U. 22 S.F.D.U. 22—1-Family Detached D.U. 22 D.U.
47 S.F.D.U. 47 D.U.
50 Lots 50 D.U. 62 D.U. 15 M.F.D.U. 47—1-Family Detached D.U. 1 S D.U.
5 —3-Family Attached D.U.
62 D.U. 62 D.U.
94 S.F.D.U. 94—1 Family Detached D.U. 94 D.U.
14 D.U.
100 Lots 100 D.U. 125 D.U. 31 M.F.D.U. 7—2-Family Attached D.U. 9 D.U.
3 —3-Family Attached D.U. g D.U.
125 D.U. 2—4-Family Attached D.U.
125 D.U.
D.U.=Dwe Ili ng Units
S.F.D.U.=Single Family Detached Dwelling Units
M.F.D.U.=Multi Family Attached Dwelling Units
.........._........._.......................... ....._.........................._......_..._._...._....................._...._........_...__....................................._...._._.................._...... ..
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St. Croix County Zoning Ordinance 17-9
Zoning Ordinance Amendments County Board Draft November 29, 2005
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Amend the following:
SUBCHAPTER VI
ROAD OR HIGHWAY SETBACKS, ACCESS AND DRIVEWAYS AND REGULATION OF SIGNS
§ 17.60 through 17.64 delete existing and replace with the following:
17.60 ROAD OR HIGHWAY SETBACKS, ACCESS AND DRIVEWAYS
1. PURPOSE
a. The purpose of this section is to promote the public safety, welfare and convenience by
easing congestion on the public roads through a system of standards and regulations for
limiting access to public roads and establishing setbacks from road rights-of-way.
2. JURISDICTION
a. The jurisdiction of this section shall include lands abutting all freeways and expressways,
principal arterials, minor arterials, major collectors, minor collectors, subcollectors and
access roads.
b. The functional/jurisdictional classification of existing roads is located on the St. Croix
County Official Functional Classification Road Map available from the Planning and
Zoning Department, Highway Department, or Wisconsin Department of Transportation
(WisDOT).
c. Where a road is located on a city, village or other county boundary, this section does not
apply on the portion of the road within the city, village or other county.
d. The Zoning Administrator will require approval from WisDOT for setbacks, road
connection and driveway access to state and federal highways and on land that is adjoining
state and federal highways. WisDOT may require additional standards not identified in this
ordinance.
e. The Zoning Administrator will require approval from the St. Croix County Highway
Department for setbacks, road connection and driveway access to county highways and on
land that is adjoining county highways. The County Highway Commissioner may require
additional standards not identified in this ordinance.
f. The minimum standards in this section shall apply to all roads, unless the town with
jurisdiction establishes its own standards for town roads.
3. ROAD CLASSIFICATION SYSTEM
a. Roads are classified based on many factors, including speed and volume of traffic. Road
classifications fall into a four-category hierarchy. The classifications, in descending order,
are arterial, collector, subcollector and access roads, see diagram below. The WisDOT and
the St. Croix County Highway Department determine arterial and major and minor
collector road status on their respective systems and the current functional classification
will be used. The St. Croix County Planning and Zoning Department, in conjunction with
the appropriate municipal jurisdiction, determines subcollector and access roads.
Residential roads may fall into any of these classifications except arterials. The functional
descriptions of each of these classifications follow.
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17-10 St. Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
1) Arterials provide for rapid speed and movement of high volumes of traffic between
areas. An arterial road should have no private accesses on it. Its function is to
conduct traffic between communities and activity centers and to connect communities
to major state and interstate highways. There are two types of arterials, freeways or
principal arterials and minor arterials. Principal arterials are those highway corridors
that have trip length and travel density characteristics of an interstate or interregional
nature. Principal arterials, in general, serve all urban areas greater than 5,000
population and may include: interstate highways, freeways, expressways, four-lane
divided highways and two-lane highways. Minor arterials are those highways, which
in combination with principal arterials, serve cities, communities and other major
traffic generators providing intra-regional and inter-area travels. Minor arterials may
include four-lane divided highways, two-lane highways and county trunk highways.
2) Collectors provide for moderate speed and movement of medium volumes of traffic
and distribute traffic from arterial roads. There are two types of collector roads, major
collectors and minor collectors. As the principal road within residential or
commercial areas, collectors carry relatively high traffic volumes and convey traffic
from arterial roads to lower-order roads. A collector's function is to promote the free
flow of traffic; as such, the roads should not have parking or private residential
access. A collector's secondary function is to serve abutting land uses. Major
collectors provide service to moderate sized communities and other intra-area traffic
generators and link,those generators to larger population centers and higher function
highways. Minor collectors provide service to all remaining smaller communities and
tie local traffic generators with the rural surrounding area. Minor collectors are
spaced consistent with population density so as to collect traffic and bring all
developed areas within a reasonable distance of a higher-order road.
3) Subcollectors connect with access roads and convey traffic to major and minor
collectors. Like an access road, a subcollector provides frontage and access to
residential lots but also carries some through traffic to access roads. A subcollector is
a relatively low-speed, low-volume road. Subcollectors include all roads not
identified as major or minor arterials, major or minor collectors or access roads.
Generally subcollectors are all town roads in the original town road grid system and
town roads identified as through roads or subcollectors on a town comprehensive plan
or official map. Some roads in a subdivision may be subcollectors instead of access
roads if the two ends of the road extend beyond the boundary of the subdivision and
one end of the road eventually connects to another subcollector or higher order road.
4) Access roads are designed to conduct traffic between individual parcels or lots and
higher order roads. Access roads provide for low-speed and low volumes of traffic
and convey traffic to collector and arterial roads. As the lowest-order road in the
hierarchy, the access road usually carries little through traffic and includes short
roads, cul-de-sacs, and courts. Access roads include local roads within conventional
subdivisions, local roads within Conservation Design Development subdivisions, cul-
de-sacs, loop roads, lakeshore roads that existed prior to 1974, and roads, not
otherwise classified located in unincorporated hamlets, including Boardman,
Burkhardt, Cylon, Emerald, Erin Comers, Forest, Hersey, Houlton, Huntington,
Jewett, Johannesburg and New Centerville.
............ ................ .................. ..................- ............... ....................... ..........- ............... ..............
00001111M
St Croix County Zoning Ordinance 17-11
Zoning Ordinance Amendments County Board Draft November 29, 2005
4. COMPLIANCE
a. No structure or part thereof shall be located between the setback lines established by this
section and the road right-of-way, except as provided in 5. below, nor shall any structure or
part thereof be located within a vision triangle, nor shall more frequent access points be
permitted than allowed in this section along any class of road. Structures and signs that may
be permitted adjacent to state and federal highways also require permits from the WDOT.
b. All distances unless otherwise indicated shall be measured horizontally.
5. STRUCTURES PERMITTED WITHIN SETBACK LINES
a. If the Zoning Administrator, in conjunction with the St. Croix County Highway
Department, determines that the road's line of sight is not impaired, then structures and
signs may be placed between the setback,line and the right-of-way on all highways and
roads as follows:
1) Open fences.
2) Parking lots located a minimum of 20 feet from the established highway or road right-
of-way.
3) Telecommunication and power transmission poles and lines and microwave radio
relay structures, together with all appurtenances thereto that are readily removable as
a unit, including public utility equipment housing or structures.
4) Wells, septic tanks, and drainfield dispersal cells.
5) Landscaping, retaining walls and utility structures that do not obstruct the line of
sight.
6) Nonpermanent structures less than 35 square feet.
7) Frontage and service roads constructed according to plans approved by the
jurisdiction having authority over the highway or road.
8) Signs,but only as allowed under(§ 17.65 REGULATING SIGNS)
6. SETBACK RE QUIREMENTS
a. Road or Highway Setbacks shall meet the following requirements:
ROAD OR HIGHWAY SETBACK REQUIREMENTS
Functional Classification Setback from Right-of-Way
Freeways & Expressways 50 feet
Prinicipal andMinor Arterials 50 feet
Major and Minor Collectors 50 feet
Subcollectors 50 feet
Access Roads 25,5 Q feet
One-way Access Roads 25,50 feet
Permanent Cul-de-sacs 25 50-feet
Loop Roads 25 50 feet
Access, One Way, Cut,,-de,-sacs and Loop,Roads,in Conservation
35 feet
...............
Design Development
17-12 St. Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
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b. The setbacks in a. above do not apply to lots with platted setbacks shown on the recorded
map. Lots with setbacks on the face of the recorded map must meet the setbacks as shown.
c. Where buildings are proposed to be erected or moved between buildings existing at the
time of the adoption of this subchapter and having setback lines less than those established
by this section, which existing buildings are located not more than 150' apart, the Zoning
Administrator may issue a permit for such proposed building, providing that the setback of
such building shall not be less than the average of the setbacks of the nearest adjoining
existing buildings on either side of the locations of the proposed building.
d. Traffic Visibility(Vision Triangle): in each quadrant of every uncontrolled or yield
controlled public highway or road intersection there shall be a visual clearance triangle
bounded by the highway or road edge of roadway and a line connecting points on the
highway edge of roadway such as shown in the following diagram.
A 'I Edge of Roadway
Major Highway r v .
/fa
/r.
L
Obstruction Obstruction'
o
I
I
I
e. Vision triangles shall meet the following standards:
1) Table:
VISION TRIANGLE STANDARDS
Posted Speed Limit
60 m.p.h.or greater 55 m.p.h. 50 or 45 m.p.h. 40 m.p.h. or less
Major Intersecting
Highway or Road, 600 feet 500 feet 400 feet 300 feet
Distance "All
... .. .
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St. Croix County Zoning Ordinance 17-13
Zoning Ordinance Amendments County Board Draft November 29, 2005
VISION TRIANGLE STANDARDS
Posted Speed Limit
6,0 m.p.h.or greater 55 m.p.h, 50 or 45 mp,h., 40,m.p.h. or less
_Minor_1nte_r_S_e_Ct1_-
Highway or Road, 175 feet 160 feet 150 feet 120 feet
Distance "B"
Major intersecting highway or road:Through traffic,which does not stop at the intersection.
Minor intersecting highway or road: Controlled traffic,which stops at the intersection.
2) At grade intersections of road with railroads, there shall be a visual clearance triangle
in each quadrant of such intersections. Each triangle shall be established by a
supplementary setback line which shall be a straight line connecting points located on
the setback lines along the road and the railroad right-of-way lines and 100 feet back
from the intersection of the road setback lines and the railroad right-of-way.
3) No building, fence, structure, vegetation or any other object preventing a line of sight
through a vision triangle may be placed within a vision triangle.
4) The vision triangle for an intersection may be expanded by the Zoning Administrator
to fit site conditions with the approval of the Wisconsin Department of Transportation
or the St. Croix County Highway Department.
7. ROAD AccEss AND DRIVEWAY SEPARATION
a. All accesses serving three or more lots or parcels shall be dedicated public roads.
b. Any private road existing prior to the effective date of this ordinance that had served two or
more lots or parcels shall be dedicated in its entirety if any additional lots or parcels will
take access from the private road.
c. All lots or parcels shall have a minimum of 66 feet of road frontage, however a lot or parcel
on the bulb of a cul-de-sac or loop end of a loop road shall have a minimum of 33 feet of
road frontage.
d. All driveway accesses installed, altered, changed, replaced or extended after the effective
date of this ordinance shall meet the following requirements:
1) Driveway access openings for vehicular ingress and egress shall not exceed 30 feet at
the right-of-way line and 50 feet at the roadway surface.
2) Driveway access to all roads under state and federal jurisdiction must be approved by
WisDOT. Greater distances than those in the charts below may be required.
3) Driveway access to all roads under county jurisdiction must be approved by St. Croix
County Highway Department. Greater distances than those in the charts below may
be required or lesser distances than those in the charts below may be allowed pursuant
to Wisconsin Statutes § 86.07 and WisDOT Facilities Development Manual.
4) All driveway accesses must meet the following minimum standards and all distances
shall be measured from the centerline to the centerline, unless otherwise noted:
001MININNA1311111
...............
17-14 St. Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
DRIVEWAY SEPARATION FROM INTERSECTING HIGHWAYS AND ROAM
Functional Minimum Distance from Centerline for Driveways on the Following
Classification of Highways or Roads:
Intersecting Road Or Freeways& Principal& Major&Minor All Access
Highway Expressways Minor Arterials Collectors Subcollector Roads
Freeways, No Access
Expressways & Allowed 1000 feet 1000 feet tOOO feet 1000 feet
Ramp Termini
Principal&Minor No Access 500 feet 500 feet 500 feet 500 feet
Arterials Allowed
Major&Minor No Access 500 feet 500 feet 500 feet 200 feet
Collectors Allowed
Subcollectors No Access 500 feet 500 feet 200 feet 200 feet
Allowed
Access Roads No Access 500 feet 500 feet 200 feet 150 feet
Allowed
Subcollectors or
Access Roads within No Access 500 feet 500 feet 200 feet 50 feet
Conservation Design Allowed
Develo ment
Driveway Separation from Intersecting Highways and Roads Diagram
Not To Scale
Arterial
Acc.ess— 01
eet
500 200
feet
<:= feet
......................... .................. .............
Subcollector
1,
0
(D
150 1 co
feet
Access
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I'll,..........1, �,k Up 211 M
St. Croix County Zoning Ordinance 17-15
Zoning Ordinance Amendments County Board Draft November 29, 2005
141,7/l�iil/�/�/�ierf/GFIG!G/1,�(i//i//��.;uL121f0/lll(tlL�il,l/f(111I01./LIf/l�llrlr'/OY211�r'IM�Jl4wA�Arr/Phi(1r1lIJ!(K6PMM�CN��;Ir/ll��l�rr��N9!HG7�lI�tdGf1.(R�(�.1�1�71�D1�1C�rr�/lilt/10dIlY ��i/�..';P./e sir//O/ii„l0//IGr�iAii��f�/20�i1eArJllrr/�(�w��IAG/lv/I'FllOrh'l.,GnUfdAlPla��10�//G�GN8�7�9(0/�ii2�'l'�OfrO�%G�keJldid�Allp/CJ�'6�VffOk11Ea1all�lADt�
DRIVEWAY ACCESS SEPARATION REQUIREMENTS
Functional Classification Minimum Distance between Driveways,
Measured from Centerline to Centerline
Freeways & Expressways N/A No Direct Private Access
Principal&Minor Arterials N/A Very Limited Private Access
Major&Minor Collectors 500 feet Very Limited Private Access
Subcollectors 200 feet Limited Private Access
Subcollectors within Conservation 50 feet Limited Private Access
Design Development
Minimum Distance Between Driveways,
Measured from the Edge of the Surface Mat to the Lot Line
Two-Way Access Roads 10 feet
One-Way Access Roads 10 feet
Bulb of a Cul-de-sac 5 feet
Curve of a Loop Road 5 feet
5) Where there are two or more lots or parcels along a road with insufficient frontage to
meet minimum access driveway separations, a service road of not less than 50 feet of
right-of-way shall be provided along the entire frontage of each such lot or parcel.
6) Where crossovers in divided road or highway medians have been established, access
driveways shall be placed directly opposite them.
7) Driveway access to state or federal highways must be approved by the Wisconsin
Department of Transportation.
8) Driveway access to county highways must be approved by the St. Croix County
Highway Department before the Zoning Administrator will consider and approve any
request for highway access.
9) The driveway access separation distance may be altered by the Zoning Administrator
for an individual driveway on previously platted lots or to fit site conditions and
engineering standards based upon the recommendation of the Wisconsin Department
of Transportation or the St. Croix County Highway Department.
10) Commercial and industrial land use lots or parcels shall have a maximum of two
driveway accesses with a maximum width of 35'.
11) Residential land use lots or parcels shall have a maximum of one driveway access
with a maximum width of 24'.
12) All driveway access shall meet the following standards:
a) A maximum grade of 12 percent at any point along the driveway.
b) A maximum grade of 2 percent within 50 feet of the centerline of the intersecting
road.
c) Minimum radius of curvature of 100 feet from centerline for deflections of 7°or
more; and
d) A minimum driveway surface/mat of 12 feet.
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17-16 St. Croix County Zoning Ordinance
November 29, 2005 Zoning Ordinance Amendments County Board Draft
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13) Where a lot or parcel fronts on two existing State or County highways, driveway
access shall be from the lower functionally classified highway unless this and other
County ordinance standards cannot be met.
(The nod section, 17.65 REGULATING SIGNS continues on the next page with no changes.)
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St. Croix County Zoning Ordinance 1707
ROBERT WAXON TOWN OF HUDSON TOWN HALL 386-4263
Chairman 386-4560 980 COUNTY ROADA FAX 386-4265
TIMOTHY FOSTER HUDSON, W1 54016 RITA HORNE
Supervisor#2 386-5967 Clerk 386-4263
PAULA FRYE townofhudson@baldwin-telecom.net JACQUELINE SMITH
Supervisor#1 386-0570 Treasurer 386-4263
JEFF JOHNSON JEFF KNOPPS
Supervisor#4 386-8086 Constable 222-2762
DAVID OSTBY BRIAN WERT
Supervisor#3 386-9704 Bldg.Inspector 386-5410
December 2, 2005
St. Croix County Planning and Zoning Committee
St. Croix County Government Center
1101 Carmichael Road
Hudson, W1 54016
Dear Committee Members:
The Hudson Town Board, at their meeting last evening expressed strong support for the
November 17 letter sent to you by the Chairpersons of the Towns of Star Prairie,
Somerset, St. Joseph, Richmond, Erin Prairie and Springfield. We concur with the
concerns expressed as far as the proposed 25% financial guarantee being inadequate
and agree that setbacks of 25 feet and 50 feet are undesirable.
The item the Board feels most strongly about is the fact that there is no provision for
public input during plat approval. There is no provision for what happens if the town
and county do not agree on a plat. We have an example currently with a subdivision
approved by the board but not by the county because they feel a road should go
through. The Town Board realized that it was not reasonable to try to put a road
through because of the terrain. This is a safety and liability issue. There is a concern
that County approval of a plat without public input could result in towns being
harnessed with plats that may have roads they do not approve of but have liability for.
The Board strong urges that a public process be returned to the ordinance process and
a variance process be instituted.
The proposed ordinance puts all the power and responsibility on the Zoning
Administrator. Towns deserve better than to be left out of the decision making as to
what type of plat goes into their municipality.
The Hudson Town Board understands the importance of updated zoning and
subdivision ordinances. We hope that whatever is passed will not be cast in concrete
should it become apparent that adjustments should be made to the ordinances. If
changes are to be made, we strongly recommend that there be consultation with the
public.
Thank you for your time and consideration.
Robert W. Waxon
Chairman, Town of Hudson
Cc: St. Croix County Board Members
St. Croix County Planning and Zoning Office
December 13, 2005
To: St. Croix County Supervisors
From: St. Croix Valley Home Builders Association
Western Wisconsin Realtors Association
Re: Chapter 13 and 17 Ordinances SUPPORT
The St. Croix Valley Home Builders Association and the Western Wisconsin Realtors
Association support passage of Chapter 13 and 17 ordinances.
Why We Support the New Chapter 13 and 17:
• This modernization has been worked on for over three years. It has been
reviewed by state experts, local experts, and the general public. It brings County
ordinance definitions into harmony with State rules and statutes. It is time to
move forward.
• It includes the option of conservation design development, a valuable tool of
modern land development professionals in other parts of Wisconsin, in
Minnesota, and around the country.
• It promotes sound land use by implementing clear, modern definitions while
allowing for regulatory flexibility that is necessary for good design. It is
environmentally strong.
• This will be good for land owners and land stewards. It will protect and
maximize property values in the county for the long term.
The St. Croix Valley Home Builders Association and
Western Wisconsin Realtors Association request your
support for Adoption of the Chapter 13 and 17
Ordinances.