Community Development Committee Meeting — Agenda Packet

Community Development Committee Agenda June 18, 2026 5:00 PM St. Croix County Government Center - Room 1400 Government Center - 1101 Carmichael Road, Hudson, Wisconsin Call to Order Roll Call Public Comment Business 1. Resolution Directing Staff to Rescind St. Croix County’s Authorization for the Application of the Lake Mallalieu Drawdown 2. Discussion Regarding Proposed Changes to Chapter 15 – Zoning – of the St. Croix County Code of Ordinances Request for Future Agenda Items Announcements Date of Next Meeting 1. Date of Next Meeting - July 9, 2026 Adjournment Reasonable efforts will be made to provide special accommodations for access to public meetings. To request a special accommodation, please contact the County Clerk’s Office at (715) 386-4600 at least two business days prior to the time of the meeting. For more information on St. Croix County's public meetings visit: sccwi.gov/meetings Page 1 of 19 Resolution Directing Staff to Rescind St. Croix County’s Authorization for the Application of the Lake Mallalieu Drawdown Cover Memo To: Community Development Committee From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: June 18, 2026 Agenda Item: Resolution Directing Staff to Rescind St. Croix County’s Authorization for the Application of the Lake Mallalieu Drawdown Background Information: The Wisconsin Department of Natural Resources (WDNR) is responsible for the regulation and control of the levels and flows of water in all navigable waters within Wisconsin, pursuant to Wis. Stat. Ch. 31. In order to temporarily lower the levels within a lake, known as drawdown, the WDNR requires the owners of a dam to sign a form entitled "Request for Temporary Lowering of Impoundment Water Levels." Community Development Director Jason Kjeseth provided the signed request form along with a letter containing six conditions to the WDNR on May 27, 2026. The decision to agree to drawdown a lake is an administrative decision, which in St. Croix County is the responsibility of the Community Development Director. Under a County Administrator form of government, administrative decisions are left to the discretion of the Department Head with oversight from the County Administrator. Wis. Stat. § 59.18(2), County Administrator, states: (2) Duties and powers. The county administrator shall be the chief administrative officer of the county. The county administrator shall take care that every county ordinance and state or federal law is observed, enforced and administered within his or her county if the ordinance or law is subject to enforcement by the county administrator or any other person supervised by the county administrator. The duties and powers of the county administrator shall be, without limitation because of enumeration, to: (a) Coordinate and direct all administrative and management functions of the county government not otherwise vested by law in boards or commissions, or in other elected officers. (b) Appoint and supervise the heads of all departments of the county except those elected by the people and except where the statutes provide that the appointment shall be made by elected officers; but the county administrator shall also appoint and supervise all department heads where the law provides that the appointment shall be made by a board or commission, by the chairperson of the county board or by the county board. Notwithstanding any statutory provision that a board or commission supervise the administration of a department, the department head shall supervise the administration of the department and the board or commission shall perform any advisory or policy-making function authorized by statute. … (Emphasis added). As indicated above, the County Board is responsible for policy-making and the Department Head is responsible for administrative tasks. This resolution was requested by the Community Development Committee and directs the Community Development Director to rescind the authorization for the application of the Lake Mallalieu drawdown. Page 2 of 19 Resolution No. RESOLUTION DIRECTING STAFF TO RESCIND ST. CROIX COUNTY’S AUTHORIZATION FOR THE APPLICATION OF THE LAKE MALLALIEU DRAWDOWN 1 WHEREAS, the Wisconsin Department of Natural Resources (“WDNR”), pursuant to 2 Wis. Stat. Ch. 31 – Regulation of Dams and Bridges Affecting Navigable Waters, is required to 3 regulate and control the level and flow of water in all navigable waters to protect life, health, 4 property, property values and economic values; and 5 6 WHEREAS, the Lake Mallalieu Association has determined that it is necessary to 7 drawdown Lake Mallalieu to mobilize sediment in the upper headwaters of Lake Mallalieu that 8 was deposited due to a series of breaches at the Little Falls Dam between 2015-2019; and 9 10 WHEREAS, on May 27, 2026, Jason Kjeseth, Community Development Department 11 Director, signed a Request for Temporary Lowering of Impoundment Water Levels for Lake 12 Mallalieu, which is required by the WDNR to be signed by the owners of the dam, which 13 includes the City of Hudson, Village of North Hudson, Town of Hudson, and St. Croix County, 14 in order to proceed with the lake drawdown; and 15 16 WHEREAS, the other three dam owners signed the same authorization as St. Croix 17 County, but requested additional information from the Association before proceeding; and 18 19 WHEREAS, in addition to the signed request, Director Kjeseth provided the WDNR 20 with a letter accompanying the authorization detailing six conditions related to the drawdown; 21 and 22 23 WHEREAS, the Community Development Committee does not agree with the 24 drawdown of Lake Mallalieu and requests this resolution be approved by the County Board to 25 rescind the authorization of Director Kjeseth. 26 27 NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of 28 Supervisors hereby directs the Community Development Director to rescind the authorization for 29 the application of the drawdown of Lake Mallalieu. Community Development Committee Recommended MOVER: SECONDER: AYES: EXCUSED: None St. Croix County Board of Supervisors Action: This Resolution was ADOPTED by the St. Croix County Board of Supervisors on July 7, 2026: ___________________________________ ___________________________________ Bob Feidler, County Board Chair Christine Hines, County Clerk Page 3 of 19 Page 4 of 19 Page 5 of 19 From: Jeff Lavers <jlavs63@outlook.com> Sent: Saturday, June 13, 2026 10:30 AM To: Diana Delaney <Diana.Delaney@sccwi.gov>; Kerry Reis <Kerry.Reis@sccwi.gov>; Scott Counter - District 11 <Scott.Counter@sccwi.gov>; Dani Erickson <Dani.Erickson@sccwi.gov>; Bob Swanepoel <Bob.Swanepoel@sccwi.gov> Cc: Jason Kjeseth <Jason.Kjeseth@sccwi.gov> Subject: Controlled draw down of Lake Mallalieu This email originated from an external source. Verify the legitimacy before clicking links or opening attachments. Members of the St. Croix County's Community Development Committee This is a formal request to the Committee to actively retain your application for the controlled draw down for the Lake Mallalieu impoundment at least until the public meeting has occurred, scheduled for July 6, 2026. The Lake Mallalieu Association, an organization made up of more than 100 residencies from on and around Lake Mallalieu, is grateful that the county and the other three dam owning municipalities have signed the application for the controlled draw down. With these signed applications, the DNR will now engage their process of review, including opportunities for public comment to ultimately determine their approval or not for the controlled draw down. This process, with the four applications now in place, initiates the ability to have a direct discussion associated on the controlled draw down that can include the DNR and other knowledgeable experts in drawdowns and water management. Without the applications, the DNR cannot engage as they have no formal reason to. This is according to the process as outlined to the Lake Association, by the WDNR. As part of this now initiated process, the Lake Association, as the result of discussions with the City of Hudson (one of the dam owners), will help facilitate a public forum to include the DNR, Wild Rivers Conservancy and Stantec Consulting. Stantec is a Global leader in sustainable engineering, architecture and environmental consulting. Their water management team consists of experts in soil, sediment and water management. When the Lake Association began working with the DNR, consultants from the state of Wisconsin and other related lake associations, Stantec was singled out as the organization to consult and is widely used by the DNR and other agencies for their expertise. As a result, the Lake Association has paid for their services, largely from member donations to assist in the Lake Association's efforts to mitigate and potentially Page 6 of 19 repair the damages from the Little Falls dam breach in 2015. With the four signed applications, the Lake Association, on June 10, 2026, secured the participation of the DNR, Wild Rivers and Stantec for a public discussion regarding the controlled draw down of the Lake Mallalieu impoundment. This meeting is scheduled for July 6, 2026 from 6-8pm at White Eagle Golf Course in Hudson WI. The Lake Association is aware there is discussion from the Committee to rescind your application. Respectfully we would ask that you refrain from such action until at least the conclusion of this meeting. In the interest of fairness, there has not been the ability at this point to fully vet the aspects of what a controlled draw down is, what its benefits are and how it can help to mitigate and repair some the damage caused to Lake Mallalieu from the Little Falls Dam breach, as well as what are the potential down sides. All of these will be discussed, along with opportunities from the public to directly address their concern's to this assembled panel. There is a great deal of information currently in circulation that may not present the entire or accurate picture. We respectfully ask the Committee to refrain from any action until at least this opportunity has been explored. If after this public meeting, it is this Committee's desire to rescind the application, that is your right, and the process of the controlled draw down will stop. The Lake Association will respect and honor your decision. The Lake Association has worked to establish this meeting in an effort to assemble the right people to discuss the salient information relating to a controlled draw down. The reason we have done so, is no one else has taken any initiative to do so. It is the Lake Associations desire to see positive change in Lake Mallalieu and the Willow River watershed and ultimately downstream bodies of water, such as the St. Croix. Lake Mallalieu, a public lake within St. Croix County is in peril. If the County and specifically, this Committee would like to formally participate in anyway, that would be welcomed by all. The reason the Lake Association has sponsored and is paying for this meeting, is that no other entity has done so, despite the Lake Associations requests for such a meeting. The Lake Mallalieu Impoundment is more than 100 years old. It is a body of water of over 280 acres of surface area and is formed by the dam at the mouth of the Willow River at the St. Croix River. The lake has a rich and storied history, supporting the communities it Page 7 of 19 borders. For decades, visitors and residents of the lake have enjoyed fishing, boating, kayaking water boarding, swimming and relaxing on and by its shores. The lake served as a vital source of block ice for the city of St Paul prior to modern refrigeration. Ice blocks were harvested near the rail road tracks on the lake and shipped to the caves in South St Paul for use in the summer months for the city. This public lake is utilized by hundreds if not thousands of visitors each year in the greater Hudson/St. Croix area. The Lake Mallalieu Association was established several decades ago. The Lake Mallalieu Association is made up of dedicated volunteers who share a deep commitment to preserving the health and beauty of our lake. Each member generously contributes their time, talents, and energy to support our community, lead stewardship efforts, and ensure Lake Mallalieu remains a vibrant resource for all to enjoy. The Lake Association has developed an overall water management plan as required for lake associations and has worked for years with several other organizations helping identify possible methods and means within the entire Willow River watershed to mitigate practices that would cause harm to the overall water quality to the watershed and subsequent flows to the St. Croix river and further downstream bodies of water. Over the course of time, the Lake Association has taken several actions in this effort to ensure the ongoing health and quality of Lake Mallalieu and adjacent waters. This most recent effort involving the controlled draw down, to mitigate and repair damage to the Lake from the Little Falls dam breach of 2015 is an example of the on-going actions by the Lake Association to protect this public lake for the enjoyment of all its visitors. In 2015, the Wisconsin Department of Natural Resources made public its concerns and proposed actions of the dam at the Little Falls Lake in the Willow River State Park. Specifically, the concern is the dam that creates the Little Falls' impoundment would not survive a catastrophic event (1000-year flood). This dam was one of the last remaining impoundments on the Willow River, as over the previous years, several other impoundments had been removed. Thus, the Little Falls impoundment was a last link prior to Lake Mallalieu and the St Croix river of the Willow River Watershed. Having learned of this notice, the Lake Association engaged directly with the WDNR to ensure that plans were in place to control and manage the enormous amount of sediment, silt, sand and other particulates that were contained within the Little Falls Lake. Without a credible plan the downstream bodies of water, including the Willow river between Little Falls Lake and Lake Mallalieu, Lake Mallalieu and the St Croix river could face significant harm and damage. Page 8 of 19 When it clearly appeared that there was not needed actions to address this need, the Lake Association and its members, at their own expense, filed notice on May 26, 2015 to the DNR for a Request for a Contested Case Hearing. Without any response from the DNR the Lake Association would file petition for a temporary restraining order on the immanent draw down the DNR was proposing on its work for the Little Falls Dam. The DNR responded to this by promising to develop this plan of action. The Lake Association then subsequently withdrew its request. Unfortunate circumstances occurred after this and the dam was breached later in 2015. The resulting flow of water from this breach and the fact that there was now no dam for essentially the following 4 years saw a massive flow of materials downstream, effecting the Willow river between what was Little Falls Lake, Lake Mallalieu and the St. Croix. The Willow river has been choked with sand, silt and sediment downstream from the Willow River State Park, making it unnavigable to visitors who used to enjoy the great opportunities to enjoy the river in kayaks. Lake Mallalieu has borne the brunt of this breach, with tons of sand, sediment and silt being deposited into the Lake. The lake, already challenge in a eutrophicated state, has been pushed further into eutrophication, lowering water oxygen levels, water depth and clarity, with significant changes in the physical structure of the lake, higher levels of algal blooms and creating significant odors in low shore areas. The St. Croix River saw large amounts of sand and sediment deposited at the spillway from the Lake Mallalieu dam, causing significant builds of material and loss of water depth. The Lake Association has continuously worked to find ways to correct and rectify this damage. The Associations mission to protect and preserve the lake and surrounding watersheds remains the driving force of its actions. The Lake Association actively lobbied local and state officials to have the dam at Little Falls Lake replace, helping in one aspect to contain and manage the Willow River water shed prior to Lake Mallalieu and the St. Croix river. This effort was instrumental in securing funding for a new dam at Little Falls Lake and subsequent completion of it in 2019. Unfortunately, the damage had already been done. Continuing on from this catastrophe, the Lake Association has worked with various state and local agencies, consulting firms, other lake associations and more to find ways to help mitigate and repair the damage from the dam breach. In 2022, the Lake Association, with strong support of our local state representative undertook and effort to secure state funding for this effort. Success of this effort occurred July 5, 2023 with an Page 9 of 19 Enumeration Grant to the Lake Association from the State of Wisconsin. The scope of this project as outlined in the State Grant is to include conducting a bathymetric study and dredging of Lake Mallalieu. After initiating needed studies as part of the grant for dredging actions, it was determined that both options of dredging (dry and wet) were not going to be feasible. Dry dredging, which requires a drawdown of the lake and subsequent heavy equipment mobilization of material was not feasible given roadway needs and requirements. Wet dredging was also deemed not to be a path to follow as it required moving the material either off shore (adjacent land that is not available), or creation of a new land feature (island) that the DNR would not support as the watershed above Lake Mallalieu is to mobile and does not have the structure to support. The Lake Association is continuing to work on ways to improve the water quality and health of this public lake. The Lake Association, as stewards of Lake Mallalieu, are tirelessly assessing ways to mitigate and remediate the damage from the Little Falls Dam breach. At a Lake Association meeting in Oct of 2024, the DNR and their regional representative were invited to discuss and present options that may be available to the Lake Association to help this very challenged public body of water. The DNR presented information regarding mitigating ways to help, including carp management (the Lake has a significant number of carp and is well above the DNR's loading limits of what a healthy lake should have), upstream and shore management practices and drawdowns. It was at this meeting the DNR suggested a drawdown of the lake, that is a normal occurrence for impounded lakes. They stated that impounded lakes actually benefit from routine drawdowns every 5-10 years which would mimic water level cycling in natural lakes that impoundments otherwise do not have available. The DNR oversees numerous drawdowns across the state. After discussion at the meeting, weighing in the benefits and possible impacts, the Lake Association voted overwhelmingly to pursue the drawdown as an action. The Lake Association in addition and at its own expense, hired a firm to help manage the carp infestation within the lake. Carp are an invasive fish that thrive in low oxygen lakes. Their spawning and other actions stir sediment and deposits that further compromise lakes. Their feeding on bass and other fish fry and hatchlings have significantly diminished other species of fish in what was once a great fishing lake. Page 10 of 19 The Lake Association also keeps watch on the overall depth of the lake to protect the lake and subsequently the St Croix River which is the recipient of the outflow of Lake Mallalieu. On several occasions in just the past year, there has been significant decreases in the water depth of the lake. Each of over 15 inches in a matter of hours. The last being the weekend of Memorial day (18 inches) and the largest occurring last 4th of July weekend of 24 inches. These significant drops were the result of malfunction of the dam gate mechanisms and all were reported to the dam operator by the Lake Association, which then had the dam operator manually adjust the gates at the dam to restore water levels. The Lake Association's concerns are what does that type of water flow in such short order hold for the St Croix and subsequent downstream bodies of water. The DNR, Wild Rivers Conservancy and other organizations cannot determine and, in most cases, were not even aware of these breaches and their impacts. It has been the Lake Association that has called attention to these instances. As the Committee can see, the Lake Association continues to work on its mission as stewards of this public lake, to improve the health and quality of the lake for all of its users and visitors. The proposed controlled drawdown we believe, is another step in the process of mitigating and remediation of the lake from the Little Falls dam breach. To this point it has been the Lake Association who has been the only entity working to rectify this. We are asking for your continued support in this effort for this public lake in St Croix County. We welcome any and all suggestions and opportunities to meet and discuss and appreciate the Committees interest and concern for the health and wellbeing of all the bodies of water in St Croix County. We would welcome the opportunity to host the committee at the lake for you to be able to see first had the challenges this public lake in St Croix County faces. Thank you for your time and attention to this critical matter. Sincerely Jeff Lavers On behalf of the Lake Mallalieu Association Page 11 of 19 Discussion Regarding Proposed Changes to Chapter 15 – Zoning – of the St. Croix County Code of Ordinances Cover Memo To: Community Development Committee From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: June 18, 2026 Agenda Item: Discussion Regarding Proposed Changes to Chapter 15 – Zoning – of the St. Croix County Code of Ordinances Background Information: The Community Development Committee requested a special meeting to discuss possible ordinance amendments to Chapter 15-Zoning regarding data centers. Up for discussion will be a 6-month moratorium and other possible ordinance provisions. This will be an informational meeting only because any amendment to Chapter 15 requires a public hearing and consideration by the full County Board. Page 12 of 19 Ordinance No. ORDINANCE AMENDING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 1 The County Board of Supervisors of the County of St. Croix does ordain as follows: 2 3 SECTION 1: Section 15.805 of the St. Croix County Code of Ordinances is amended to read as 4 follows: 5 6 Data Center: A completely enclosed facility that houses technology infrastructure such as servers, 7 storage, and networking equipment to process, manage, and store data. Supporting equipment 8 typically includes cooling systems, power infrastructure and generation, and security systems for 9 on-site activities. 10 11 Data Center, Small Scale: A private onsite data center housed directly within a company's own 12 building or server room. It stores the organization's proprietary IT equipment, including servers, 13 storage drives, and network infrastructure, and is managed internally by the company's own staff. 14 This data center consumes less than 500 kW and does not involve bitcoin or cryptocurrency 15 mining. 16 17 Data Center, Medium Scale: A data center up to 3,000 square feet in size and a power demand of 18 10 MW or less. These data centers support multiple clients as a colocation facility and may involve 19 bitcoin or cryptocurrency mining. 20 21 Data Center, Lare Scale: A large-scale data center with a footprint larger than 3,000 square feet 22 and power demand of more than 10 MW. These facilities have thousands of servers, require 23 advanced cooling systems, and are the primary use of the property. 24 25 SECTION 2: Section 15.285 of the St. Croix County Code of Ordinances is amended to add the 26 following definition: 27 28 29 30 SECTION 3: Section 15. 336 of the St. Croix County Code of Ordinances is created to read as 31 follows: Page 13 of 19 Ordinance No. ORDINANCE AMENDING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 32 Purpose: The purpose of this section is to protect residential development from adverse impacts and 33 activities associated with data centers, permit businesses to have private small scale data centers to 34 support their business and establish development standards for data centers. 35 1. Applicability and Definitions. This section applies to any data center. Data centers are divided 36 into small, medium, and large scale, defined as follows: 37 a. Data Center, Small Scale: A private onsite data center defined in subsection 3 authorized 38 by this section without a hearing or permit. 39 b. Data Center, Medium Scale: A data center defined in subsection 4 authorized by 40 conditional use in I-1 and I-2 zoning districts. 41 c. Data Center, Lare Scale: A large-scale data center with a footprint larger than 3,000 42 square feet and power demand of more than 10 MW. These facilities have thousands of 43 servers, require advanced cooling systems, and are the primary use of the property. 44 Large scale data centers are only permitted with a conditional use permit in the I-2 45 zoning district. 46 47 2. General Standards. The following standards apply to all data centers: 48 a. Any data center shall only allow authorized personnel access. 49 b. The whole data center shall comply with the National Electrical Code. 50 c. A data center shall provide adequate off-street parking. 51 d. There shall be no exterior storage of equipment or inventory/supplies. 52 e. Any cooling systems shall be self-contained, and not reliant on water sources. 53 f. Data centers shall not exceed L50 60 dBA at the property line. 54 3. Small Scale Data Centers 55 a. The data center shall not occupy more than 1500 square feet. 56 b. The data center shall be located within the building, typically a server room, and only 57 serve the needs of the facility onsite. 58 c. Small data centers shall consume 500 kW or less. 59 d. These facilities shall not be involved in bitcoin or crypto currency mining. 60 4. Medium Scale Data Centers 61 a. A data center up to 3,000 square feet. 62 b. Power demand/rating of 10 MW or less. 63 c. These types of facilities may support multiple clients as a colocation facility and may 64 involve bitcoin or cryptocurrency mining. 65 d. These facilities shall provide adequate fencing to prevent unauthorized entry. 66 e. Medium scale data centers shall provide screening of the whole facility in compliance 67 with §15.420. 68 f. An operating plan with the utility serving the facility is submitted to the Zoning 69 Administrator. This plan shall emphasize limiting operations during peak demand 70 periods and shall allow the utility to control the system during periods outside of peak 71 hours where demand is high. 72 g. Town road weight restrictions and licensing requirements shall be obeyed. 73 h. Structures shall primarily use earth tone colors. 74 i. An environmental plan to properly handle, contain, and dispose of any fluids used by the 75 facility. 76 j. The maximum height of the data center shall be 30 feet. 77 k. Minimum street setback shall be 75’ from right-of-way with this area limited to 78 greenspace. Page 14 of 19 Ordinance No. ORDINANCE AMENDING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 79 l. Minimum side and rear lot line setback of 25’. 80 m. Any portion of the data center shall be at least 300’ from any residential dwelling, 81 excluding the owner’s own dwelling. 82 n. Minimum landscaping, civic, or greenspace of 30%. 83 5. Large Scale Data Centers 84 a. A data center 3,000 square feet or more. 85 b. Power demand/rating of 10 MW or more. 86 c. These types of facilities may contain thousands of servers and often support large tech 87 companies. Often these facilities are set up to scale as demand increases. 88 d. These facilities shall provide adequate fencing to prevent unauthorized entry. 89 e. Medium scale data centers shall provide screening of the whole facility in compliance 90 with §15.420. 91 f. An operating plan with the utility serving the facility is submitted to the Zoning 92 Administrator. This plan shall emphasize limiting operations during peak demand 93 periods and shall allow the utility to control the system during periods outside of peak 94 hours where demand is high. 95 g. Town road weight restrictions and licensing requirements shall be obeyed. 96 h. Structures shall primarily use earth tone colors. 97 i. An environmental plan to properly handle, contain, and dispose of any fluids used by the 98 facility. 99 j. The maximum height of the data center shall be 30 feet. 100 k. Minimum street setback shall be 100’ from right-of-way with this area limited to 101 greenspace. 102 l. Minimum side and rear lot line setback of 50’. 103 m. Any portion of the data center shall be at least 500’ from any residential dwelling, 104 excluding the owners own dwelling. 105 n. Minimum landscaping, civic, or greenspace of 30%. 106 o. A staffing and growth plan shall be submitted along with the application. 107 108 SECTION 4: Section 15.396 of the St. Croix County Code of Ordinances is created to read as 109 follows: 110 111 Pursuant to Wis. Stat. § 59.69(4), St. Croix County enacts the following moratorium: 112 Notwithstanding any other provision in this Ch. 15, there shall be a moratorium on the 113 receipt of applications and the granting of all permits or approvals for the placement or 114 construction of data centers. The purpose of the moratorium is to allow St. Croix County 115 time to research the possible environmental, economic, public health, safety, and general 116 welfare effects of data centers and establish consistent zoning and regulatory standards to be 117 applied to data centers in St. Croix County and to allow the Community Development Committee 118 to conduct hearings and make recommendations to the County Board regarding amendments 119 to this or other county ordinances. The moratorium shall be in effect for a period of (6 or 12) 120 months from the date this ordinance is published (i.e. its effective date) or until the County 121 Board adopts amendments to this ordinance or rescinds this moratorium, or both. The 122 moratorium enacted in this Section 15.396 is not intended to be, and does not, constitute a Page 15 of 19 Ordinance No. ORDINANCE AMENDING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 123 “development moratorium” as that term is defined in Wis. Stat. § 66.1002(1)(b). 124 125 SECTION 5: Section 15.710 of the St. Croix County Code of Ordinances is amended to read as 126 follows: 127 128 4. Conditional Uses: CDC shall be responsible for hearing all conditional use permit applications 129 submitted to the Department and the following shall apply to conditional use permits: 130 131 a. Application for a conditional use permit. Any use listed as a conditional use in this 132 chapter shall be permitted only after an application has been submitted and an appropriate 133 application fee paid to the land use administrator and a conditional use permit has been 134 granted by the Community Development Committee. 135 b. Standards applicable to all conditional uses. In reviewing a conditional use permit, the 136 Committee shall evaluate the effect of the proposed use upon the following criteria: 137 a. The maintenance of safe and healthful conditions. 138 b. The prevention and control of water pollution including sedimentation. 139 c. Existing topographic and drainage features and vegetative cover on the site. 140 d. The location of the site with respect to environmental corridors. 141 e. The erosion potential of the site based upon degree and direction of slope, soil 142 type, and vegetative cover. 143 f. The location of the site with respect to existing and future access roads. 144 g. The need of the proposed use in that location. 145 h. Its compatibility with uses on adjacent land. 146 i. The amount of septic waste to be generated and the adequacy of the proposed 147 disposal system. 148 j. Location factors that: 149 i. Domestic uses shall be generally preferred. 150 ii. Uses not inherently a source of pollution within an area shall be preferred 151 over uses that are or may be a pollution source; and 152 iii. Use locations within an area tending to minimize the possibility of 153 pollution shall be preferred over use locations tending to increase that 154 possibility. 155 5. Conditions attached to conditional use permit. Upon consideration of the factors listed above, 156 the Community Development Committee shall attach such conditions, in addition to those required 157 elsewhere in this chapter as are necessary to further the purposes of this Chapter. Violations of any 158 of these conditions shall be deemed a violation of this Chapter and result in immediate revocation 159 of the conditional use permit. Such conditions may include, without limitation of a specific 160 enumeration: increased setbacks and yards; specific sewage disposal and water supply facilities; 161 landscaping and planting screens; period of operation; operational control; sureties; bonding; deed 162 restrictions; and type of construction. To secure information upon which to base its determination, 163 the committee may require the applicant to furnish, in addition to the information required for a 164 conditional use permit, the following information: Page 16 of 19 Ordinance No. ORDINANCE AMENDING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 165 a. A plan of the area showing contours, soil types, ordinary high-water marks, groundwater 166 conditions, bedrock, slope and vegetative cover. 167 b. Location of buildings, parking areas, traffic access, driveways, walkways, piers, open 168 space and landscaping. 169 c. Plans of buildings, sewage disposal facilities, water supply systems and arrangements of 170 operations. 171 d. Specifications for areas of proposed filling and grading. 172 e. Other pertinent information necessary to determine if the proposed use meets the 173 requirements of this article. 174 6. Notice and public hearing. Before passing upon an application for a conditional use permit; the 175 committee shall hold a public hearing. Notice of such public hearing, specifying the time, place, 176 and matters to come before the Community Development Committee shall be given as a class 2 177 notice under Wis. Stats. Ch. 985. 178 179 SECTION 6: Section 15.715 of the St. Croix County Code of Ordinances is amended to read as 180 follows: 181 182 4. Powers and Duties. The Board of Adjustment shall hear: 183 184 a. Administrative Appeals. Where it is alleged, there is error in any order, requirement, 185 decision or determination made by an administrative official or committee in the 186 enforcement or administration of this chapter. 187 188 b. Variances. The Board shall authorize upon application, in specific cases, such variances 189 from the terms of this Chapter as shall not be contrary to the public interest, where owing 190 to special conditions, a literal enforcement of this chapter will result in an unnecessary 191 burden. 192 1. In the issuance of a variance, the spirit of the ordinance shall be observed, and 193 substantial justice done. No variance shall have the effect of granting or increasing 194 any use of property, which is prohibited in that zoning district by this chapter. 195 2. Variances do not expire but remain with the property. 196 197 c. Conditional Use Permits. The Board of Adjustment shall be responsible for hearing all 198 conditional use permit applications submitted to the Department and the following shall 199 apply to conditional use permits: 200 201 1. Application for a conditional use permit. Any use listed as a conditional use in 202 this chapter shall be permitted only after an application has been submitted and an 203 appropriate application fee paid to the land use administrator and a conditional use 204 permit has been granted by the Board of Adjustment. 205 2. Standards applicable to all conditional uses. In reviewing a conditional use 206 permit, the Board of Adjustment shall evaluate the effect of the proposed use upon 207 the following criteria: Page 17 of 19 Ordinance No. ORDINANCE AMENDING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 208 a. The maintenance of safe and healthful conditions. 209 b. The prevention and control of water pollution including sedimentation. 210 c. Existing topographic and drainage features and vegetative cover on the 211 site. 212 d. The location of the site with respect to environmental corridors. 213 e. The erosion potential of the site based upon degree and direction of slope, 214 soil type, and vegetative cover. 215 f. The location of the site with respect to existing and future access roads. 216 g. The need of the proposed use in that location. 217 h. Its compatibility with uses on adjacent land. 218 i. The amount of septic waste to be generated and the adequacy of the 219 proposed disposal system. 220 j. Location factors that: 221 i. Domestic uses shall be generally preferred. 222 ii. Uses not inherently a source of pollution within an area shall be 223 preferred over uses that are or may be a pollution source; and 224 iii. Use locations within an area tending to minimize the possibility 225 of pollution shall be preferred over use locations tending to increase 226 that possibility. 227 3. Conditions attached to conditional use permit. Upon consideration of the factors listed 228 above, the Board of Adjustment shall attach such conditions, in addition to those required 229 elsewhere in this chapter as are necessary to further the purposes of this Chapter. Violations 230 of any of these conditions shall be deemed a violation of this Chapter and result in 231 immediate revocation of the conditional use permit. Such conditions may include, without 232 limitation of a specific enumeration: increased setbacks and yards; specific sewage disposal 233 and water supply facilities; landscaping and planting screens; period of operation; 234 operational control; sureties; bonding; deed restrictions; and type of construction. To 235 secure information upon which to base its determination, the board may require the 236 applicant to furnish, in addition to the information required for a conditional use permit, 237 the following information: 238 a. A plan of the area showing contours, soil types, ordinary high-water marks, 239 groundwater conditions, bedrock, slope and vegetative cover. 240 b. Location of buildings, parking areas, traffic access, driveways, walkways, piers, 241 open space and landscaping. 242 c. Plans of buildings, sewage disposal facilities, water supply systems and 243 arrangements of operations. 244 d. Specifications for areas of proposed filling and grading. 245 e. Other pertinent information necessary to determine if the proposed use meets the 246 requirements of this article. 247 4. Expiration. Conditional use permits for construction, alteration or removal of structures 248 shall expire 12 months from their date of issuance if no building activity has begun within 249 such time. 250 Page 18 of 19 Ordinance No. ORDINANCE AMENDING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 251 d. Application/review process/procedure. 252 1. An application to the Board of Adjustment shall include all of the required 253 submittal information listed above. 254 2. Notice of public hearing. Before acting upon an application, the board of 255 adjustment shall hold a public hearing within a reasonable time. Notice of such 256 public hearing, specifying the time, place, and matters to come before the board of 257 adjustment, shall be given as a Class 2 notice under Wis. Stats. Ch. 985, and notice 258 shall be mailed to the appropriate district office of the department of natural 259 resources, when applicable, at least ten days prior to the hearing, as well as to all 260 property owners within 300 feet of the site under consideration. 261 3. Decisions/Recording. An appropriate record shall be made of any decision made 262 by the board of adjustment. A decision regarding the application appeal shall be 263 made as soon as practical and within a reasonable timeframe. The board of 264 adjustment shall state in writing the grounds for their decision and shall stat the 265 specific facts which are the basis of the board determination. All decisions may be 266 reviewed by a court of competent jurisdiction. 267 268 SECTION 7: This ordinance shall be effective upon passage and publication as provided in Wis. 269 Stat. § 59.14. 270 271 SECTION 8: This ordinance shall not be codified. Community Development Committee Recommended MOVER: SECONDER: AYES: EXCUSED: None St. Croix County Board of Supervisors Action: This Ordinance was ENACTED by the St. Croix County Board of Supervisors on ____________: ___________________________________ ___________________________________ Bob Feidler, County Board Chair Christine Hines, County Clerk Page 19 of 19