GOVERNMENTAL BODY:    WAUPACA COUNTY IMPLEMENTATION STEERING COMMITTEE MEETING

DATE:                                         WEDNESDAY, MAY 15, 2013

PLACE:                                       ROOM 1068, COURTHOUSE

                                                      811 HARDING ST., WAUPACA, WI

TIME:                                          6:30 P.M.

 

          MEETING MINUTES

 

OPEN SESSION

 

1.                  Call Meeting To Order

 

Chair Dennis Kussmann called the meeting to order at 6:30 p.m. 

 

2.                  Roll Call

 

Implementation Steering Committee Members Present:  Kay Ellis (Town of Dayton), Jane Haasch (Town of Dayton), Stefan Shoup (Town of Wyoming), Michael Orr (Town of Waupaca), DuWayne Federwitz (County Board/Town of Matteson), Steve Frings (Town of Farmington), Marvin Schneider (Town of Caledonia), Art Richardson (Town of Lind), Penny Leder (Town of Bear Creek), Jackie Beyer (Town of Little Wolf) and Dennis Kussmann (County Board).

 

Implementation Steering Committee Members Excused:  Patricia Craig (County Board), Douglas Behnke (Town of Bear Creek), Gary Marx (Town of Scandinavia), Michael Koles (University of Wisconsin-Extension), Terry Murphy (County Board) and Greg Blum (Town of Iola – Greg has resigned due to taking a new job).

 

Others Present:  John Penney (County Board), Robert Ellis (County Board) and Evan Abrahamson (Town of Waupaca).

 

Staff Present:  Ryan Brown, Jean Gliniecki and Jeff Henneman.

 

3.                  Chair Kussmann read the Open Meeting Statement, “This meeting and all other meetings of this committee are open to the public.  Proper notice has been posted and given to the press in accordance with Wisconsin Statutes, so the citizenry may be aware of the time, place and agenda of this meeting.”

 

4.                  Approve Agenda As Presented

 

Jackie Beyer motioned to approve the agenda as presented.  The motion was seconded by Penny Leder.  Motion carried unanimously. 

 

5.                  Approve the Minutes from the December 6, 2012 Implementation Steering Committee Meeting.

 

DuWayne Federwitz motioned to approve the minutes as presented.  The motion was seconded by Art Richardson.  Motion was carried unanimously.

 

6.                  The Committee reviewed the proposed amendments to the Waupaca County Zoning Ordinance.

 

Amend Table 4 – Delete Maximum Building Coverage.  The Committee agreed.

 

Amend Table 5 --

Commercial Animal Facility” – should add “C” (Conditional Use Permit) to PVRF

Indoor Storage or Wholesaling” – should add “C” (Conditional Use Permit) to RC-N, RI-G and RI-I

Outdoor Storage or Wholesaling” – should add “C” (Conditional Use Permit) to RI-G and RI-I

Outdoor Institutional” – should add “C” (Conditional Use Permit) in PVRF, AE and AR; and should change to “C” (Conditional Use Permit) in the Hamlet, rather than “P” (Permitted)

 

The Committee agreed.  The Committee discussed the Outdoor Storage or Wholesaling and what types of uses would fall under that category.

 

Amend Sec. 1.07, Definitions

18.       Density:  The number of development rights located within a specific land area.  Existing residential dwelling units or equivalent principle uses within the parcel are included in the calculation.

19.       Development Right:  The legally allowed residential or equivalent principal use development potential on a parcel of real property.

59.       Structural Alteration:  Any changes to an existing layout of space that will result in a change to the dimensions of a structure; involve the reconstruction, replacement or addition of exterior walls and/or foundation; or change the pitch of the existing roof.

Transfer of Development Rights: The ability to transfer development rights to contiguous parcels within the same Township provided that an owner is in common and the zoning district is the same.

 

The Committee agreed.

 

Sec. 6.05(7)(a) – Delete the following portion of the sentence:

7.         Accessory Structure:  Any detached private garage, carport, or utility shed on a residential lot that primarily accommodates the sheltered parking of a vehicle, the storage of residential maintenance equipment to serve the same lot or a contiguous lot, or a detached shelter such as a gazebo.  It also includes swimming pools, greenhouses, wind and solar energy systems for on-site residential use, and private kennels.  Attached garages, attached carports, and decks shall be considered part of the principal residential building, not an accessory structure.

a.       If proposed to be constructed in advance of the principal building (dwelling) on the same lot, prohibited in Sewered Residential, SR, zones, the structure shall not exceed one thousand (1,000) square feet and shall be sited with relation to appropriate locations for a future dwelling, private well, and on-site waste treatment system, and driveway. 

 

The words “the structure” should not be stricken out.  The Committee agreed with the strikethrough of shall not exceed one thousand (1,000) square feet and.

 

Discuss the possibility of allowing an accessory structure to be constructed in advance of the principal building (dwelling) on the same lot, in Sewered Residential, SR, zones with a Conditional Use Permit.

There was much discussion on allowing these accessory structures as a Conditional Use Permit in the Sewered Residential areas so it was decided that the Planning and Zoning Office would come up with some other alternatives and discuss this further at the Committee’s next meeting.

Density Management

7.01 Purpose: The purposes of this section include, but are not limited to:

1.      Preserve open space, scenic views, and critical and sensitive areas.

2.      Conserve agricultural uses of land.

3.      Protect lands, resources and structures of aesthetic, architectural, and historic significance.

4.      Conserve and protect water resources and environmentally sensitive lands, waters, and other natural resources.

5.      Assist in shaping the character and direction of the development of the community.

6.      Establish a procedure enabling landowners to voluntarily sever development rights from a sending property.

7.      Protect and enhance private property rights by enabling the transfer of development rights.

8.      Improve quality of life for the citizens of Waupaca County.

9.      Conserve and promote public health, safety, and general welfare of the County of by establishing procedures, methods, and standards for the transfer of development rights within its jurisdiction.

 

The Committee changed the word “of” to “by” in number 9 above.

 

7.02 Applicability: This Section applies only to the above following listed zoning districts; Private Recreation and Forestry (PVRF), Agriculture Enterprise (AE), Agriculture Enterprise –Farmland Preservation (AE-FP),  Agriculture Retention (AR), Agriculture and Woodland Transition (AWT), and Rural Residential (RR).

1.      The size and zoning of a parcel limits the maximum number of residential dwelling units or equivalent principal use within these zoning districts. 

2.      Development rights are required for dwelling unit or one (1) principal commercial, institutional, recreational, utility, transportation, or industrial land use.

3.      Each two (2) -family dwelling unit permitted or legally established on the lands following the effective date of this chapter shall be counted as one (1) development right for the purpose of this chapter.

4.      All dwellings count towards this density limit, including the original farm dwelling.

5.      No building, structure or premises shall be erected, occupied or used so as to provide a greater density of population than is allowed by the terms of this ordinance for the district in which such building, structure or premises is located.

6.      The availability of a development right does not guarantee that a dwelling or equivalent principal use can be built on a parcel. All evaluation criteria must also be met.

7.      Accessory structures do not require a development right.

 

7.03 Method of Calculation:

A.    INITIAL: The following method shall be used to calculate the initial maximum number of residential dwelling units:

1)      The parcel maps at the time of Township adoption will be the basis of the density determination.

2)      A quarter quarter is deemed to be forty (40) acres regardless of the size of the fractional forty (40).

3)      Parcels intended to be (1/2) one-half of a quarter quarter are considered 20 acres regardless of size of the fractional twenty (20) acres.

4)      Easements and parcels intended only for access are neither given a development right, nor counted against the parent parcel.

a)      Measure the “gross site area.”

b)      Divide the gross site area by the Residential Density and Lot Size Management Overlay as chosen by the applicable Town and as described within Section 8.02.  

c)      The Planning & Zoning Director shall keep track of the total number of development rights on each from the date of adoption of the this Zoning Ordinance.  All additional dwelling units following that initial date shall conform to the maximum density calculated for the parcel or contiguous common ownership land as such lands were sized and configured on that initial date.

B.     SUBSEQUENT ASSIGNMENT:

1)      Assignment of development rights will be done in order of recorded Certified Survey Map.

2)      A development right will be considered used when a parcel is split, creating a potentially buildable lot, or when a permit for a dwelling or other principal use is issued for an existing parcel.

3)      For administration of this policy, the development rights remain with the land, not the owner or subsequent owners. It is the responsibility of the owners and potential buyers of the land to check with the County on availability of development rights. Potential buyers are also advised to contact the Waupaca County Planning & Zoning Office to determine if it is in the Limited Development Overlay.

4)      Changes and reconfigurations in ownership do not trigger new allotments of potential future development rights. When land is sold or consolidated after the effective date of the town adoption, the Planning & Zoning Director will use the following approaches in the order listed to determine how many (if any) potential future development rights were transferred along with the land:

5)      Assignment of development rights will be done at the time of split by all the owners of record of the parent parcel.

6)      The Planning & Zoning Office will implement a complete and accurate inventory of the development rights that have been used to date and will implement a plan for keeping this inventory up to date.

 

7.04 Existing Developments: It is recognized that a number of parcels existed at the time each Town adopted the County Comprehensive Plan and which did not meet minimum density requirements.

1.      One (1) dwelling unit or equivalent principal use may be built on an undeveloped parcel if the parcel existed as of the date of the Town adoption of this Ordinance.

2.      This “grandfather clause” will allow one (1) dwelling unit without a zone change.

3.      No further splits of such parcels for development are allowed but may be put in the Restricted Development Overlay. [The availability of a  development right does not guarantee that a dwelling or equivalent principal use can be built on a parcel. All evaluation criteria must also be met.]

4.      Each single dwelling unit or equivalent principal  use that received a zoning permit or was otherwise legally constructed prior to the effective date of this chapter shall be counted against the maximum number of new dwelling units or equivalent principal uses that may be built.

5.      Each single dwelling unit or equivalent principal use that was legally constructed prior to the effective date of this chapter but does not meet the density requirements of this section shall be allowed to be rebuilt on the lot in a compliant location within a twelve (12) month period.

 

The Committee changed the word “and” to “which” in 7.04 above.  Also, it was decided to reword number 5 above due to the question about “compliant location”.  This rewording will come back to the Committee at their next meeting.

 

7.05 Rezoning:

1. Nothing in this Section shall preclude the petitioner from seeking a zoning map amendment to remove lands from the PVRF, AE, AE-FP, AR, AWT or RR zoning districts unless located in a Farmland Preservation District.  In the event that such lands are rezoned away from one of these districts, and not rezoned to another one of these districts, the provisions of this Section shall no longer apply.

2.      In the event that a property is rezoned into PVRF, AE, AE-FP, AR, AWT or RR zoning districts from a non-applicable zoning district, the assignment of densities will be determined during the rezoning process.

 

7.06 Transfer of Development Rights (TDR)

 

1. Purpose: To achieve the optimum residential environment while recognizing the rural character of the Town. The density transfer technique is designed to encourage preservation of prime agricultural tillable lands worthy of such preservation.

2. Development rights can be transferred to contiguous parcels within the same Township provided that an owner is in common and the zoning district is the same. A document attesting to the development right transfer shall be filed in the Waupaca County Planning & Zoning Office. Signatures of all owners of record on sending parcel must be notarized.

a)   Parcels zoned as Rural Residential (RR) may not send or receive development rights.

3.      Once a parcel of land has transferred all of its development rights, it is placed in the Limited Development Overlay District.

4.      In no event shall an owner transfer more development rights than that required for building(s) actually to be constructed and no Land Use Permit may be issued for a piece of property which has less than one (1) whole development right.

 

There was a question concerning number 4 above about the “less than one (1) whole development right”.  The Planning and Zoning Office will discuss this and possibly reword the sentence and bring it back to the Committee at their next meeting. 

 

The Committee also decided to take density out of the RR (Rural Residential) District. 

 

The Committee approved the above section with those minor corrections.

8.0       Zoning District Overlays

8.01          Establishment of Zoning District Overlays

1.      The purpose of zoning district overlays is to allow the County to establish special land use regulations or procedures in areas with unique land use, site planning, building design, or environmental resource issues. Zoning district overlays are intended to be applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives based on the Waupaca County and local Town Comprehensive Plans and applicable ordinances.  Zoning district overlays are established in Sections 7.02 8.02 through 7.04 8.06.

2.      Zoning district overlays are applied through rezoning and only in conjunction with base zoning districts. Letters, numbers, abbreviations, or a combination thereof, shall be combined with other applicable district designations to the property(ies) on which an overlay district is established and shown on the Waupaca County Zoning Map.

3.      Except as modified by the zoning district overlay, the provisions of the applicable base zoning district shall apply to all development within the boundary of the designated area.  If regulations conflict, the applicable zoning district overlay regulations shall prevail.

4.      Whenever an overlay district is established, any subsequent application to change the base zoning district shall not be construed to be an application to eliminate the overlay district for the property covered by the application. Intent to eliminate the overlay district on a given property or base zoning district shall be expressly stated to be part of the application.

 

8.02 Residential Density and Lot Size Management Overlays

5.      Purpose:  Provide a range of residential density management, lot size, and lot configuration options to implement the individual Waupaca County Towns’ Comprehensive Plans preferred land use policies.  Where the base zoning districts implement the base density and lot size, the overlays provide a means to fine tune the base zoning to better match the individual town policies. 

6.      The Residential Density and Lot Size Management Overlays can be applied to the following base zoning districts:

a.       PVRF      Private Recreation and Forestry Enterprise

b.      AE                       Agriculture Enterprise

c.       AR                       Agriculture Retention

d.      AWT        Agriculture and Woodland Transition

e.       RR                       Rural Residential

7.      If utilized, the overlays shall be applied uniformly to entire base zoning districts within individual towns.  They cannot be used to modify the zoning requirement of specific properties under the same base zoning district.

8.      Overlay designations shall be applied by use of letter or abbreviation and number combination.  For each base zoning district listed within Section 7.02.2 8.02.6, not more than one (1) overlay from each of the following categories shall be applied:

a.       Maximum Residential Density

(1)           D-2:       1 unit/2 acres

(2)           D-5:       1 unit/5 acres

(3)           D-10:     1 unit/10 acres

(4)           D-20:     1 unit/20 acres or a 1/32 of a section

(5)           D-40:     1 unit/40 acres or a 1/16 of a section

b.      Minimum Lot Area

(1)           MIN-20: 20,000 square feet

(2)           MIN-1: 1 acre

(3)           MIN-2: 2 acres

(4)           MIN-5: 5 acres

(5)           MIN-10: 10 acres

c.       Maximum Lot Area

(1)           MAX-0:  none

(2)           MAX-2:  2 acres

(3)           MAX-3: 3 acres

d.      Lot Clustering Requirements according to the provisions of Section 8.0.

(1)           C1:        All lots created through land divisions must be clustered.

(2)           C2:        All lots created as part of major subdivisions as defined in the Waupaca County Subdivision Ordinance Chapter 37 must be clustered.

(3)           C3:        Lot clustering is optional.  If lots are clustered, then one (1) additional lot for every four (4) lots allowable per the base zoning or district overlay is possible by Conditional Use Permit.

9.      Maximum Residential Density Overlays in Section 7.02.4.a 8.02.8.a that are less restrictive than the Base Zoning District shall not be applied.

10.  Maximum lot areas can be increased up to ten (10) acres in area for the purpose of consolidation of farm structures.  Site plan, Level 1, review is required.

 

8.03 Limited Development Overlay

1.      When the density limit is reached, construction of additional principal structures will not be approved. The property will be placed in the Limited Development Overlay, notifying the public that unless density rights can be transferred (see TDR section), no additional dwellings or equivalent principal uses will be approved.

2.      A parcel is considered restricted if available development units are zero (0).

 

8.04 AUI Agriculture/Urban Interface Overlay

11.  Purpose:  To further implementation of a multi-tiered agricultural zoning system in response to Wisconsin Act 235, known as the Livestock Facility Siting Law.  This classification will help protect cities, villages, and rural sanitary districts from potential health and safety issues associated with close proximity to large livestock farming operations.  This classification will also help protect agricultural operations from the land use conflicts associated with close proximity to urban and suburban growth and development areas.

12.  This overlay will be utilized to establish an area, (generally within one-half (1/2) mile) surrounding the current boundaries of cities, villages, and rural sanitary districts where new livestock farming operations with fewer than five hundred (500) animal units will be allowed, but new operations with five hundred (500) or more animal units will not be allowed.  Animal units are defined by Wisconsin Administrative Code ATCP 51.

13.  New nonfarm residential structures shall not be allowed within one thousand (1,000) feet of structures, barns, manure storage structures, feed storage structures, etc. related to livestock operations with five hundred (500) or more animal units.  Residential structures for affiliated parties, house for child or farm employees, are exempted from this policy.

 

8.05 Floodplain Overlay

See the Waupaca County Floodplain Ordinance Chapter 36.

8.06          RP:  Resource Protection Overlay District

1.      Purpose: To identify, conserve and protect valued natural and cultural resources that contribute to the County’s character, natural environment and history which may include regulatory wetlands and floodplains, wetland buffers, floodplain buffers, surface water buffers, steep slopes, exposed bedrock, wellhead protection areas, woodlots, scenic vistas, wildlife habitat, historic sites, archeological sites, and similar resources.  The RP overlay district corresponds with the Resource Protection Preferred Land Use Category within the Waupaca County Comprehensive Plan.

2.      Specific lands within the Resource Protection Overlay District may be removed under one or more of the following circumstances:

a.       A more detailed study by a qualified, licensed professional reveals that the characteristic(s) which resulted in the property’s designation as a Resource Protection Overlay District no longer exist(s), or never existed;

b.      Approvals from appropriate State or Federal agencies are granted to alter a property so that the characteristic(s) which resulted in its classification as an environmental corridor no longer exist; or

c.       A mapping error has been identified by the Planning & Zoning Director and/or Planning and Zoning Committee.

3.      In the case of the above situations, the property can be zoned in accordance with the adopted Town Comprehensive Plan Preferred Land Use Map without undergoing the formal rezone process, as the circumstances for inclusion within the Resource Protection Overlay District have materially altered.  The applicant is responsible for providing an accurate scaled map depicting the revised natural resource boundary.  The map shall be prepared by a qualified professional or a land surveyor licensed by the State of Wisconsin.

 

(Removed from Section 3.0 Zoning District and Maps, Section 3.02)

 

The Committee approved the above section.

 

Amend 2.12    Premises Conforming as to Use, but Nonconforming as to Structural or Dimensional Standards

4.      Expansion and Restoration:  A structure that is nonconforming as to structural or dimensional standards may not be expanded or enlarged if doing so would increase dimensional nonconformity.  A building or structure is considered to be demolished or nonexistent if during the course of restoration, enlargement ofr other improvement, more than fifty percent (50%) of the pre-existing structure is removed or must be replaced to maintain structural integrity.  Replacement of a foundation, in part or in whole, shall be considered to be in excess of the aforementioned fifty percent (50%).  Continuation of the construction or repair shall be subject to the entire structure being in compliance with current zoning regulations based on the parameters for new construction and disregarding any nonconforming status.

a.       Expansions to nonconforming accessory structures shall only be allowed if the structure is located further than one-half or more of any required setback and the proposed addition is located entirely beyond the required setback and complies with all additional provisions of this section and ordinance.

 

The  Committee approved.

 

Amend Sec. 14.03(5)(a)(5)

(5)        Fees:  Fees shall be submitted to the Planning & Zoning Director when application is made for a Land Use Permit.  Additional fees shall be assessed in accordance with the adopted fee schedule if work is started before the permit is requested or issued.  Fees may be changed by action of the Planning and Zoning Committee and Resolution of Notification to the County Board.  Any such change of fees is effective upon posting of the new County Fee Schedule in the Planning & Zoning Office after action by the Planning and Zoning Committee and Notification to the County Board. 

 

Amend Sec. 14.03(5)(b)(2)

2.         Fees:  Fees shall be submitted to the Planning & Zoning Director when application is made for public hearings.  Additional fees shall be assessed in accordance with the adopted fee schedule if work is started before the permit is requested or issued.  Fees may be changed by action of the Planning and Zoning Committee and Resolution of Notification to the County Board.  Any such change of fees is effective upon posting of the new County Fee Schedule in the Planning and Zoning Office after action by the Planning and Zoning Committee and Notification to the County Board.

 

Add to Sec. 14.03(5)(b)(7)(a)

(a)        Step 1—Application:  Application for a rezone may be filed with the Planning & Zoning Director or his/her designee on forms prepared by the Planning & Zoning Director and approved as to form and content by the Planning and Zoning Committee.  If a Certified Survey Map is required, it must be received with all applicable fees and be approved by the Planning and Zoning Office prior to the public hearing in front of the Planning and Zoning Committee.  If the zone map amendment is approved by the County Board, the CSM will be recorded thereafter as previously approved.  Failure to record the CSM as approved will result in the rezone being void.

The Committee approved the above changes.

 

7.                  The Committee reviewed the proposed amendments to the Waupaca County Subdivision Ordinance.

 

SUBDIVISION ORDINANCE

 

7.0       Certified Survey Map

7.01          General Requirements

A Certified Survey Map prepared by a registered land surveyor shall be required for all minor subdivisions.  It shall comply in all respects with the requirements of Section 236.34, Wisconsin Statutes.  In addition to the information required in Section 236.34, Wisconsin Statutes, the Map shall show correctly on its face, the following:

1.          Date, Scale, and North Arrow.

2.          Name and Address of the owner, subdivider and the surveyor, including his registration number.

3.          Size of the parcels being created in square feet.

4.          Floodplain, shoreland, or wetland boundaries.

5.          All Existing Structures, watercourses, easements, and other similar significant features pertinent to proper land division.

6.          Setbacks or Building Lines from public rights-of-way or shorelines as provided in the Zoning Ordinance or the following plat note shall be depicted on the Certified Survey Map, “For building setbacks, contact the Waupaca County Planning and Zoning Office.”

7.          All Land Reserved for dedication or future acquisition including dimensions and areas.

8.          Location and Names of any adjoining streets, highways, subdivision, parks, cemeteries, public lands, and watercourses. 

9.          Exact Right-of-Way Width along the line of any obliquely intersecting street unless the right-of-way varies.

10.      Notations or Any Restrictions required by the Planning & Zoning Director or Planning and Zoning Committee or other approving or objecting authority relative to access control along any public ways within or adjacent to the proposed Certified Survey Map; or provisions for the protection of any environmentally significant lands within the boundaries of the proposed Certified Survey Map.

11.      The statement, “Please refer to the Waupaca County Density Management Tracking System maintained by the Waupaca County Planning & Zoning Office (811 Harding Street, Waupaca, WI) for current information on available residential development rights on this/these parcels.”

12.      Access easements as required by Section 8.07(3) must be defined on the Certified Survey Map and by a separate recorded document.

13.      When a Remnant Parcel is intended to be combined with an adjoining parcel, a combination note must be placed on the Certified Survey Map and a Request to Combine Parcels form must be completed and returned to the Waupaca County Property Listing Office for approval.

12. 14. Owner’s Certificate prepared in conformance with Section 236 of the Wisconsin Statutes.

13. 15. Signature block for the Planning & Zoning Director and statement as follows, “This final land division is consistent with preliminary approval; all conditions imposed thereof have been met; and the land division conforms to all applicable Waupaca County land use controls.”

14. 16. Signature block for the Chair of the local municipality and statement as follows. “This final land division conforms to all applicable Town land use controls.”

15. 17. Any Additional Information as requested by the Planning & Zoning Director or Planning and Zoning Committee.

 

The Committee approved the above additions to the ordinance.

 

Sec. 8.07(3)

8.07          Lots

            3.     Access.  For the creation of one (1) to four (4) lots, eEvery lot shall front or abut on a road for a distance of at least sixty-six (66) thirty-three (33) feet owned or by easement, except lots located on a curved street or cul-de-sac which shall front or abut on a road for a distance of at least thirty (30) feet.  Each lot shall have legal nonexclusive vehicular access to a public street.  The creation of five (5) or more lots would be defined as a Subdivision as described in Section 2.02(69). Section 8.07.3(a) and (b) shall only apply to land divisions creating three (3) or more lots.

(a)  New lots shall be located along a public road, except where access is provided via private road or shared drive. A shared drive would include an existing access point where more than one (1) property under different ownership is serviced by easement or right at time of Ordinance adoption.

(b)     Where a private road or shared drive already exists, lots may be created if: 

(1)    A road maintenance agreement is established by the subdivider and approved by the Town.  This agreement shall be executed with the purchase of each lot, noted on the Certified Survey Map or Plat, and shall address the provisions for the long-term maintenance and snow removal of the road including the specific tasks, schedule, responsible parties, and funding mechanism.  Any revisions to this agreement shall also be approved by the Town;

(2)    The road is constructed to at least minimum standards set forth in Section 82.50(a) of the Wisconsin State Statutes for roads serving less than a total of ten (10) existing and new lots or Section 82.50(c) for roads serving a total of ten (10) or more existing and new lots. The private road improvement would require County review and inspection expedited through a development agreement between the subdivider and County; and

(3)    At the creation of the third principle structure, the road is required to be named and a road sign erected in accordance with Town standards and E-911 County addressing provisions. 

(c)     Section 8.07.3(a) shall not apply to new lots created as part of a cluster/conservation development according to Section 8.0 of the Waupaca County Zoning Ordinance, Chapter 34, provided:

(1)    Sections 8.07.3(a) apply, and

(2)    The development is limited to a maximum of five (5) residential lots.

 

            4.     Area and Dimensions shall conform to the requirements of the Waupaca County Zoning Ordinance.  Lots shall contain sufficient area to permit compliance with all required setbacks, including those set forth in the Waupaca County Zoning Ordinance and those that may be required to meet the requirements of Chapter Trans 233 of the Wisconsin Administrative Code.  Whenever a tract is subdivided into parcels with area in excess of the zoning requirements, such parcels should be arranged and dimensioned so as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this Ordinance.  Buildable lots that will not be served by a public sanitary sewerage system shall be of sufficient size to permit the use of a private onsite wastewater treatment system designed in accordance with Chapters SPS 383 and 385 of the Wisconsin Administrative Code.

            5.     Maximum Lot Sizes shall only pertain to the parcel(s) being created and does not include the remnant parcel.   (Maximum lot sizes are defined through Town developed overlays which are referenced in Section 87.02 in the Waupaca County Zoning Ordinance.)

            5. 6. Depth of Lots should be designed with a suitable proportion between width and depth. The lot width to depth ratio shall be 1:3 (0.33); in other words no lot depth shall be greater than three (3) times the width.

            6. 7. Width of Lots shall conform to the requirements of the Waupaca County Zoning Ordinance.

            7. 8. Corner Lots shall be designed with extra width to permit adequate building setback from both streets.

            8. 9. The Shape of Lots shall be approximately rectangular, with the exception of lots located on a curved street or cul-de-sac. 

            9. 10. Lands Lying Between the Meander Line and the water's edge and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or stream.

 

There was much discussion on access.  The Committee took a vote with 7 votes to approve and 3 votes not in favor of approving.  So the above changes to the ordinance were approved.

 

8.09     Easements

            1.     Drainage Easements.  Where a subdivision is traversed by a watercourse, drainageway, or stream, an adequate drainageway or easement may be required to handle stormwater runoff.  The location, width, alignment and improvement of such drainageway or easement shall be approved by the Planning and Zoning Committee.

            2.     Utility Easements.  All utility lines for electric power and telephone service shall be placed on mid-block easements along rear lot lines whenever carried on overhead poles except where lots abut a lake or stream.  All other utility easements shall be located along rear or side lot lines whenever possible.     

            3.     Access Easements.  As required by Section 8.07(3) must be defined on the Certified Survey Map and by a separate recorded document.

 

The Committee approved the above addition to the ordinance.

 

Sec. 12.01

12.0     Fees

12.01      General

The subdivider shall pay the County all fees as hereinafter required and at the specified time.  Fees may be changed by resolution of the County Board and by action of the Planning and Zoning Committee and Notification to the County Board.  Any such change of fees is effective upon posting of the new County Fee Schedule in the Planning & Zoning Office after action by the County Board and the Planning and Zoning Committee and Notification to the County Board.

 

The Committee approved the above change.

 

 

The Committee decided to meet again on Tuesday, May 28, 2013 at 6:30 p.m.

 

8.                  Public Comment (There was no public comment.)

 

9.                  Adjourn

 

At 8:38 p.m., Jackie Beyer motioned to adjourn the meeting.  The motion was seconded by Bob Ellis.  Motion carried unanimously.