Dunn County PR&D recommends changes to land division ordinance
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by LeAnn R. Ralph
MENOMONIE — The Dunn County Planning, Resources and Development Committee is recommending changes to the land division ordinance.
Even though the ordinance was adopted less than two years ago in January of 2022, after staff members have been working with it for 16 months, there are some modifications needed, said Tom Carlson, county surveyor, at the PR&D committee’s May 23 meeting.
The PR&D committee held a public hearing on the proposed changes to the ordinance, although no members of the public attended to speak about the proposed changes.
Carlson said he also had not received any written comments about the proposed changes and that he had sent out the modified ordinance to townships in the county, 23 land surveyors and the Chippewa Valley Homebuilders’ Association.
Carlson said he had “heard from a few,” and that all of the comments had been positive.
The ordinance, Chapter 16, is titled “Land Division, Condominium, and Surveying Regulations.”
Some definitions have been changed in the ordinance or added to the ordinance, such as the definition for an environmentally sensitive area, land with high agricultural value, and a private road, Carlson said.
The requirement for 30,000 square feet of contiguous buildable area has been removed, he said.
In the section on certified survey maps, Chapter 16.21, there have been several changes.
The most notable change for CSMs is the note that will be required to be attached to the map when there are wetlands or areas identified as wetland indicators and soils, Carlson said.
The required note would read as follows: “The parcels shown on this map contain soils which may be seasonally or permanently saturated. The soils may be unsuitable for standard septic systems, or other types of on-site wastewater treatment systems, and may impose limitations for different types of development or uses, including but not limited to a high water table, ponding, poor drainage, and shrink-swell potential.”
Preliminary plat
The section on preliminary plats also adds requirements for wetlands, Carlson said.
The proposed ordinance modification adds the following requirement for preliminary plats: “Location and identity of all environmentally sensitive areas including applicable 75 foot offset lines and the vertical contour line which is two feet above the regional floodplain boundary line as defined in Wisconsin Administrative Code NR 116 where applicable. For wetland and shoreland boundaries, sources of data shall be identified. If any portion of the subject property contains lands that are identified on the Wisconsin DNR Surface Water Data Viewer as either mapped wetlands or wetland indicators and soils, the applicant shall have a wetland delineation performed by a certified wetland delineator, unless said type of delineation has previously been performed. Acceptance of a previous delineation shall be at the discretion of Department staff.”
The proposed ordinance modification also adds to the preliminary plat, “Location of existing driveways, wells, POWTS tank cover and vents and the approximate outline of the base of any mound system or above grade drain field.”
Final plats
Changes are being suggested for the section on final plats, Chapter 16.33, as well, Carlson said.
The proposed ordinance modification adds to the final plat, “Regional floodplain boundaries in the contour line, which is two feet above the regional floodplain boundary line as defined in Wisconsin Administrative Code Chapter NR 116.”
The final plat would also include a note, “The following note shall be placed on the plat whenever a land division is located within one thousand (1000) feet of a navigable lake, pond, or flowage, and /or within three hundred (300) feet of a navigable river or stream: ‘Due to the proximity of (insert name of water body) the parcels shown on this plat may be subject to shoreland zoning setbacks and buffers. Prior to any construction or improvements on this property, the Dunn County Environmental Services Department shall be contacted regarding permitting requirements.’”
In addition, the section on final plats adds, “Location of existing wetlands, ponds, perennial and intermittent streams, lakes, rivers and flowages, including a 75 foot offset line from the ordinary highwater mark of all navigable streams and lakes. For wetland and shoreland boundaries, sources of data shall be identified.”
The section on final plats also adds, “Location of existing driveways, wells, POWTS tank cover and vents and the approximate outline of the base of any mound system or above grade drain field,” and also adds “Datum reference for any elevations.”
Streets and roads
A number of changes have been made in the streets and roads section as well in Chapter 16.43, Carlson said.
For example, roads that are both public and private are included in the ordinance, and access easements are included, too.
One proposed addition to the ordinance reads, “No existing or proposed structures shall be permitted within the right of way of any newly proposed public or private road or access easement.”
The ordinance also includes the modification that “all public and private” roads must be numbered pursuant to Chapter 23 of the Code of Ordinances, instead of “all roads must be numbered.”
The ordinance modification states in addition that, “all roads in plats shall be public roads, unless the governing municipality has adopted an ordinance allowing lots and outlots to be served by a private road.”
The proposed ordinance modification also addresses parcels with four lots: “No more than four lots or outlots, or a combination thereof, including lots and outlots in existence prior to the adoption date of this ordinance, may be accessed by a private road or access easement. This standard shall not apply to plats with private roads.”
Lots and outlots
The section on lots and outlots, Chapter 16.46, removes the requirement for 30,000 square feet of contiguous buildable area, Carlson said.
The proposed ordinance modification instead states, “The lot size, width, depth, shape, and orientation shall be sufficient to provide reasonable developable area that is not restricted by easements, building setbacks, zoning setbacks, zoning requirements, environmentally sensitive areas, or other constraints.”
The ordinance modification also adds, “When a newly created lot contains environmentally sensitive areas, the applicant may be required to demonstrate to the satisfaction of the department that the lot has sufficient area to accommodate building setbacks, the entire on-site waste water treatment system, and its replacement. Department staff may require a report on soil borings and percolation test as required by Wisconsin Administrative Code during the review.”
The ordinance modification addresses road right-of-way as well, “Where a contiguous tract is subject to the right-of-way of a public road, any newly created lot or outlot fronting on the public road shall also include that portion of the contiguous tract lying immediately adjacent to the lot or outlot which is subject to the road right-of-way, unless said portion of the contiguous tract is dedicated to the public.”
Next step
Tom Quinn, county board supervisor from Downing and chair of the PR&D committee, noted that the committee has had extensive discussions about the proposed changes to the land division ordinance over the past few months.
The Dunn County Planning, Resources and Development Committee unanimously approved forwarding the modified land division ordinance to the Dunn County Board for consideration on a first reading and a second reading.
The proposed ordinance will first go to the executive committee for review so that it can be added to the agenda for the Dunn County Board meeting.
