Land division review and sanitary regulations.
(a)
Land division review. The county shall review, pursuant to Wis. Stats. § 236.45, all land divisions in shoreland areas which create three or more parcels or building sites of five acres each or less within a five-year period. In such review all of the following factors shall be considered:
(1)
Hazards to the health, safety or welfare of future residents.
(2)
Proper relationship to adjoining areas.
(3)
Public access to navigable waters, as required by law.
(4)
Adequate stormwater drainage facilities.
(5)
Conformity to state law and administrative code provisions.
(b)
Sanitary regulations. The county shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality.
(1)
Where public water supply systems are not available, private well construction shall be required to conform to Wis. Admin. Code ch. NR 812.
(2)
Where a public sewage collection and treatment system is not available, design and construction of private on-site waste treatment system shall, prior to July 1, 1980, be required to comply with Wis. Admin. Code ch. SPS 383 and, after June 30, 1980, be governed by a private sewage system ordinance adopted by the county under Wis. Stats. § 59.70(5).
(c)
Development of islands. Standards for the development of these natural features are hereby established to preserve and protect the characteristics of the island and the adjacent body of water.
(1)
Islands with sufficient area to meet setbacks in section 38-743(1) may be developed, subject to the following standards:
a.
The proposed use shall be a permitted or conditional use for the underlying zoning district.
b.
A developed island shall be provided with at least one mainland access lot, on that same waterbody, for ingress, egress, and parking areas and sanitary maintenance on the island. The construction or placement of any structure on an access lot is prohibited with the exception of piers, docks, wharfs, boat hoists and boat shelters in conformance with Wis. Admin. Code chs. NR 115 and 326, and Wis. Stats. ch. 30.
c.
The total number of principal structures on an island shall be based on the surface area, minimum average lot width and setbacks as prescribed by the applicable zoning district and/or minimum requirements in sections 38-742 and 38-743 for one principal structure.
d.
A structure with plumbing shall only be allowed on an island with an approved sanitary permit including a viable maintenance agreement and contingency plan, including a suitable maintenance contract signed by a licensed service provider. A holding tank septic system shall not be allowed as an acceptable waste disposal system due to the frequent service interval requirements. If a road access to the island is authorized by permit and constructed, a holding tank may be considered for waste treatment at that time.
e.
Cutting of vegetation within the required shoreland buffer shall be consistent with section 38-744.
(2)
Islands shall not be developed if any of the following exist:
a.
Insufficient upland area.
b.
Insufficient areas that meet setbacks.
c.
The island is subject to flooding.
d.
There is no viable access lot.
e.
Other significant environmental limitations exist, including steep slopes or inadequate soil.
f.
There is documented cultural, historic or ecological value on the island.
(d)
Back lot access to waters. The use of waterfront lots to provide deeded access to back lots is specifically prohibited in all districts that allow single-family residential use. No land division shall be recorded and no zoning permit shall be issued for a waterfront parcel unless the minimum lot area, width and water frontage are provided for each dwelling unit which is or proposed to be located on the waterfront property or located on a back lot where the owner has a deeded interest in the waterfront property.
(Code 2000, § 38-593; Res. No. 72-16, 9-20-2016)
Land division review and sanitary regulations.
(a)
Land division review. The county shall review, pursuant to Wis. Stats. § 236.45, all land divisions in shoreland areas which create three or more parcels or building sites of five acres each or less within a five-year period. In such review all of the following factors shall be considered:
(1)
Hazards to the health, safety or welfare of future residents.
(2)
Proper relationship to adjoining areas.
(3)
Public access to navigable waters, as required by law.
(4)
Adequate stormwater drainage facilities.
(5)
Conformity to state law and administrative code provisions.
(b)
Sanitary regulations. The county shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality.
(1)
Where public water supply systems are not available, private well construction shall be required to conform to Wis. Admin. Code ch. NR 812.
(2)
Where a public sewage collection and treatment system is not available, design and construction of private on-site waste treatment system shall, prior to July 1, 1980, be required to comply with Wis. Admin. Code ch. SPS 383 and, after June 30, 1980, be governed by a private sewage system ordinance adopted by the county under Wis. Stats. § 59.70(5).
(c)
Development of islands. Standards for the development of these natural features are hereby established to preserve and protect the characteristics of the island and the adjacent body of water.
(1)
Islands with sufficient area to meet setbacks in section 38-743(1) may be developed, subject to the following standards:
a.
The proposed use shall be a permitted or conditional use for the underlying zoning district.
b.
A developed island shall be provided with at least one mainland access lot, on that same waterbody, for ingress, egress, and parking areas and sanitary maintenance on the island. The construction or placement of any structure on an access lot is prohibited with the exception of piers, docks, wharfs, boat hoists and boat shelters in conformance with Wis. Admin. Code chs. NR 115 and 326, and Wis. Stats. ch. 30.
c.
The total number of principal structures on an island shall be based on the surface area, minimum average lot width and setbacks as prescribed by the applicable zoning district and/or minimum requirements in sections 38-742 and 38-743 for one principal structure.
d.
A structure with plumbing shall only be allowed on an island with an approved sanitary permit including a viable maintenance agreement and contingency plan, including a suitable maintenance contract signed by a licensed service provider. A holding tank septic system shall not be allowed as an acceptable waste disposal system due to the frequent service interval requirements. If a road access to the island is authorized by permit and constructed, a holding tank may be considered for waste treatment at that time.
e.
Cutting of vegetation within the required shoreland buffer shall be consistent with section 38-744.
(2)
Islands shall not be developed if any of the following exist:
a.
Insufficient upland area.
b.
Insufficient areas that meet setbacks.
c.
The island is subject to flooding.
d.
There is no viable access lot.
e.
Other significant environmental limitations exist, including steep slopes or inadequate soil.
f.
There is documented cultural, historic or ecological value on the island.
(d)
Back lot access to waters. The use of waterfront lots to provide deeded access to back lots is specifically prohibited in all districts that allow single-family residential use. No land division shall be recorded and no zoning permit shall be issued for a waterfront parcel unless the minimum lot area, width and water frontage are provided for each dwelling unit which is or proposed to be located on the waterfront property or located on a back lot where the owner has a deeded interest in the waterfront property.
(Code 2000, § 38-593; Res. No. 72-16, 9-20-2016)