The purpose of this subchapter is to apply location criteria and residential dwelling density allowances to regulate the number and location of rural residential housing lots and dwellings in order to protect agricultural, cultural, natural, or recreational features of the landscape; to provide for the transfer of development rights to identified sending areas pursuant to the applicable comprehensive plan; to provide for the transfer of land while retaining the development allowance originally allotted to a parcel; to allow for flexibility in increasing the intensity of development while maintaining the density and use requirements in the applicable zoning district, and other requirements as specified by the town in which the Planned Rural Development (PRD) is located. PRD conservation areas are identified as part of a PRD that contain productive agriculture or environmentally and culturally sensitive lands that significantly contribute to the economic and natural resource base of the rural community. Because of their importance, PRD conservation areas shall be substantially protected from residential development.

The requirements and provisions of this subchapter shall apply to all lands zoned exclusive agricultural and resource conservancy.

(1)

A PRD is required in order to create a lot of less than 35 acres on which dwelling units may be established. A PRD shall consist of a PRD preservation area and a PRD development area. A PRD development area is a lot created by the use of density credits. A PRD preservation area is determined by the following: (number of density credits used * 35 acres) − PRD development acres = PRD preservation area. Any remnant land of a parcel that results from the application of a PRD, and that does not otherwise qualify for a density credit, shall be subject to a PRD preservation area easement.

(2)

A PRD development area may have one dwelling unit unless additional density credits are used to increase the number of dwelling units and a new 35-acre preservation area easement is created. One density credit will increase the number of dwelling units by one.

Permitted, conditional, and special exception uses as part of a PRD development area and preservation area shall conform to uses permitted in the applicable zoning district, except that any structure not utilized in conjunction with an agricultural use or any dwelling, shall not be permitted on lands identified as the PRD preservation area following the recording of conservation easement with the Sauk County Register of Deeds pursuant to Wis. Stats. § 700.40(1)(a).

Density policies shall be applied in accordance with the provisions of this subchapter and Sauk County Code Chapter 22, and shall further conform to the following standards:

(1)

The number of density credits allotted to a parcel shall not exceed the applicable zoning district's maximum density, or more restrictive policy expressed by the applicable comprehensive plan, rounded down to the nearest whole number. For the purpose of this calculation, lands subject to a preexisting easement or other similar agreement for the purpose of eliminating development rights, either directly or indirectly, shall not be counted toward the calculation of density credits.

The base density allotment for lands zoned exclusive agriculture and resource conservancy shall be one density credit for each 35 acres in a parcel, rounded down to the nearest whole density credit as calculated by the following equation: (parcel size − preexisting easement acreage/35) − (existing dwellings on the parcel) = density credits.

(2)

Density credits and lot size. Density credits shall be applied to allow the creation of PRD development areas designated as lots on a certified survey map, not less than one acre and not to exceed five acres for each lot established.

(3)

Density credits and lot size increases. Additional density credits may be used to increase the size of a PRD development area over five acres. One density credit allows an increase in the PRD development area size by up to five acres.

(4)

Density credits may be used to increase the number of dwellings on a PRD development area lot at a rate of one density credit for each dwelling exceeding one dwelling, except dwellings used as a temporary secondary dwelling may be permitted without the use of a density credit.

(1)

Transfer. In exchange for preserving greater areas of farmland, unique environmental resources, and to further increase housing placement flexibility, density credits may be transferred between properties within, or between, the exclusive agricultural and resource conservancy zoning districts, or may be transferred from areas with this zoning to incorporated areas. Density credit exchanges shall be applied in accordance with this chapter and the applicable comprehensive plan provided the following requirements are met:

(a)

Lands identified as being part of the Lower Wisconsin Riverway and labeled "LWR" on the official zoning map, and lands identified as being part of the Baraboo Range National Natural Landmark and labeled "BRNNL" on the official zoning map, shall not be permitted to accept density credits from lands located outside of these areas, unless the credits are explicitly utilized to increase the area of a PRD development area, lot, or dwellings on a single PRD lot.

(b)

Except as provided for by this subchapter, density exchanges shall only be used in areas where the applicable comprehensive plan identifies sending areas and receiving areas.

(c)

The density credits transferred from the sending parcel shall be pursuant to this subchapter or the applicable comprehensive plan, whichever is more restrictive.

(d)

Density credits may be transferred from sending areas to lots of record in receiving areas. In order to create a PRD development area on the lot of record, a PRD preservation area easement must be placed on not less than 35 acres of land from the sending area.

(2)

Agreement. Negotiations for density exchanges shall take place strictly between property owners and shall not involve Sauk County, the town, or incorporated municipality other than for the approval of the number of credits transferred, the placement of a PRD preservation area easement, approval of both the sending and receiving areas, and other such approvals as needed.

(3)

PRD preservation area easements. A PRD preservation area easement shall be placed on the land from which the density credit was sent.

The authority to approve conditional uses for the purpose of establishing a PRD is delegated by the Sauk County Board of Supervisors to the agency. In order to create a PRD pursuant to Sauk County Code Chapter 22, a conditional use must first be obtained from the Agency. The procedure to acquire such a conditional use for a PRD is as follows:

(1)

Consultation. The landowner shall consult with the Zoning Administrator to determine eligibility of establishing a PRD or using the density exchange option pursuant to this subchapter.

(2)

Farmland preservation Agreement. The Zoning Administrator will determine if the land affected by a proposed PRD is subject to a farmland preservation agreement with the Wisconsin Department of Agriculture, Trade and Consumer Protection. If the lands are subject to an agreement, the landowner will be referred to the Wisconsin Department of Agriculture, Trade and Consumer Protection.

(3)

Managed forest law. The Zoning Administrator will determine if the land affected by a proposed PRD is subject to lands enrolled in the managed forest law program with the Wisconsin Department of Natural Resources. If the lands are enrolled, the landowner will be referred to the Wisconsin Department of Natural Resources.

(4)

Density calculation. Using the density policy in the applicable zoning district or applicable comprehensive plan, whichever is more restrictive, a density calculation shall be conducted by the Zoning Administrator in order to determine the number of allowable lots and dwellings within a PRD development area.

(5)

PRD application. An application for a conditional use for a PRD shall be made to the agency on a form provided by the Zoning Administrator. The application shall be accompanied by the following information:

(a)

A development plan in accordance with the provisions of Sauk County Code Chapter 22, which clearly delineates the PRD conservation areas as well as the proposed PRD development area on a map. The map shall be no less than 11 inches by 17 inches, with a scale of not more than one inch equals 400 feet.

(b)

A written description of how the proposed PRD protects PRD conservation areas, in accordance with the provisions of this chapter, Sauk County Code Chapter 22, and the applicable comprehensive plan.

(c)

A copy of the density calculation or density credit exchange.

(d)

Written verification as to whether the land is currently in an agricultural use or has been in an agricultural use in the past five years.

(e)

Written verification that the land is not subject to a farmland preservation agreement or that the agreement has been amended or relinquished by the Wisconsin Department of Agriculture, Trade and Consumer Protection to permit a PRD.

(f)

Written verification that the land is not enrolled in the managed forest law program or that the enrollment has been amended or relinquished by the Wisconsin Department of Natural Resources to permit a PRD.

(g)

A preliminary title or letter report for all lands affected by a PRD development area, and PRD preservation area, and where required, consent to a development area easement from any holder of liens that cannot be completely removed, on a form acceptable to the Zoning Administrator.

(h)

A draft copy of the development area easement in a form acceptable to the agency and town in which the PRD is proposed.

1.

The Zoning Administrator shall submit a copy of the completed application to the town in which the application is being made, for consideration of the conditional use.

2.

Following town action on the conditional use, the application shall be presented to the agency for consideration at a public meeting, as provided in Sauk County Code Chapter 22. On approval of the conditional use, the landowner may proceed to obtain a PRD, pursuant to Chapter 22 that is inclusive of a PRD preservation area easement and the appropriate land division process.

(1)

General standards. The agency may approve applications for a PRD, or the location of a dwelling on parcels of 35 acres or greater in areas zoned exclusive agricultural, as a conditional use pursuant to Wis. Stats. § 59.69(2)(bm), on finding that such PRD or dwelling is in the public interest, after consideration of the following factors present in addition to the standards set forth in this chapter.

(a)

Adequate public facilities to accommodate development either exist, or will be provided, within a reasonable amount of time as determined by the agency.

(b)

Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide such facilities.

(c)

The land proposed for a PRD development area is suitable for development, and will not result in undue water or air pollution, cause unreasonable soil erosion, or have an unreasonably adverse effect on rare or irreplaceable natural areas or agricultural uses.

(d)

Impacts on principal and secondary conservation areas as determined in Sauk County Code Chapter 22. For the purposes of applying this standard, principal conservation areas shall be protected from residential uses, while secondary conservation areas shall be substantially protected from residential uses.

(e)

Whether the development as proposed is located to minimize the amount of agricultural or forestland converted.

(f)

Compatibility with existing or permitted uses on adjacent land.

(g)

Productivity of land involved from agricultural, forest, and conservation perspectives.

(h)

Provision of safe and adequate public and emergency vehicle access.

(i)

Consistency with all officially adopted local and County plans and ordinances.

(j)

On lands covered by a farmland preservation agreement, the agreement must have been referred to the Wisconsin Department of Agriculture, Trade, and Consumer Protection for determination of potential conflicts between a PRD and the terms of the agreement. If such a determination is made, verification of release, or modification and release, shall be provided by the Wisconsin Department of Agriculture, Trade, and Consumer Protection for lands within PRD development areas before the PRD can be approved.

(k)

This subsection (k) applies to areas zoned exclusive agriculture only. The total number of active agricultural acres removed for a PRD development area may not exceed five percent of the total participating acres, calculated on an annual basis. By March 1 of each year, the Department shall provide to the Wisconsin Department of Agriculture, Trade and Consumer Protection a report on the conditional use permits issued for nonfarm residences, information on the total participating acres during the previous year, the active agricultural acres removed for residential use, the total number of lots created, and the total number of acres used for rural residential lots. If the number of active agricultural acres removed for residential use is greater than five percent of the total number of participating acres used to calculate density credits, then the Agency will need to reduce the acreage removed in the next year until the standard is met.

(2)

Conditions and guarantees. Prior to the granting of any conditional use, the agency may stipulate such conditions and restrictions on uses of land as deemed necessary to promote the public health, safety, and general welfare of the community and to secure compliance with the standards and requirements pursuant to this chapter and Sauk County Code Chapter 22 as applicable to a PRD. In all cases in which a conditional use is granted, the agency shall require such evidence and guarantees as it may deem necessary, as proof that the conditions stipulated in connection therewith are and will be followed.