County Board Meeting - Administration Center — Agenda Packet

1 COUNTY BOARD REGULAR MEETING Wednesday, March 4, 2026, 9:00 AM ADMINISTRATION CENTER - ROOM A-204 121 W. MAIN STREET, PORT WASHINGTON WI The following business will be before the County Board for initiation, discussion, consideration, deliberation and possible formal action: The public can access the meeting by viewing the live stream on the County website, Agendas & Minutes page and select the meeting agenda date. The public can submit comments here: Public Comment Form Public Comment Policy & Instructions For Submitting Public Comments Online REVISED AGENDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES February 4, 2026 February 18, 2026 4. PUBLIC COMMENT Legislative Update Chairperson's Proclamation 5. COMMUNICATIONS 6. CLAIMS 7. REPORT OF COUNTY ADMINISTRATOR Lasata CBRF Construction Update Project Fund Update Youth Government Day ERP Update 8. RESOLUTIONS a. Resolution 25-55: Creation of an Ozaukee County Department of Human Services Dual Diagnosis Day Treatment Center Using Ozaukee County Opioid Settlement Funds b. Resolution 25-56: Budget Amendment 2026 – Transfer of $600,000 of Opiate Settlement Funds to Day Treatment Center c. Resolution 25-57: Establishing the 2027-2030 Salaries for the Offices of the Sheriff and Clerk of Courts Page 1 of 167 2 d. Resolution 25-58: Urging the Governor of Wisconsin and the State Legislature to Enact a Comprehensive, Sustainable Transportation Funding Solution e. Resolution 25-59: Ozaukee County Rural Area Functional Classification Updates f. Resolution 25-60: Town Road Bridge Aid for Town of Saukville's Cedar Sauk Road Bridge g. Resolution 25-61: Submittal and Acceptance of a Wisconsin Department of Natural Resources Municipal Flood Control Grant for Acquiring Parcel ID: 110500501024 Along County Highway Trunk W and the Milwaukee River in the Village of Saukville for Addition to the Ozaukee County Park System Per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes for River Oxbow, Floodplain and Wetland Restoration as part of the County Highway Trunk W Road Reconstruction and Restoration Project h. Resolution 25-62: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for Construction of an East-West Multi-Use Bicycle Pedestrian Trail Extension of the Ozaukee Interurban Trail Along Highway 60. i. Resolution 25-63: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for a Multi-Use Bicycle / Pedestrian Bridge Over Cedar Creek as part of the East-West Extension of the Ozaukee Interurban Trail Along State Highway 60 j. Resolution 25-64: Declaration of the Second Saturday in May as World Migratory Bird Day and Authorization for Ozaukee County to Apply to Retain its “Bird City Wisconsin” Recognition Status k. Resolution 25-65: Land Preservation Trust Fund Funding for an Ozaukee County Conservation Easement and Fee Simple Purchase Program Per the Existing State Required Agricultural Land Conversion Fee Assessment 9. ORDINANCES a. Ordinance 25-9: Amending Ozaukee County Shoreland Protection Ordinance 10. COMMITTEE APPOINTMENTS/REAPPOINTMENTS 11. COMMITTEE REPORTS AND SUPERVISOR ANNOUNCEMENTS 12. ADJOURNMENT Persons with disabilities requiring accommodation for attendance at this meeting should contact the County Clerk’s Office at 262-284-8110, 24 hours in advance of the meeting. Page 2 of 167 Item: Agenda Item Information Sheet To: COUNTY BOARD From: Kellie Kretlow, County Clerk Meeting Date: March 4, 2026 Department/Office: County Clerk Item Name: February 4, 2026 February 18, 2026 Summary: Minutes from meetings held February 4th and February 18th for review. Recommended Action: Motion to approve minutes as submitted. Attachments: 1. CB MINUTES February 4 2026 2. CB MINUTES February 18 2026 Page 3 of 167 OZAUKEE COUNTY BOARD REGULAR MEETING WEDNESDAY, FEBRUARY 4, 2026 – 9:00 AM ADMINISTRATION CENTER - ROOM A-204 121 W. MAIN STREET, PORT WASHINGTON, WI 53074 1 DRAFT MINUTES PENDING BOARD APPROVAL The County Board reconvened at 9:00 AM pursuant to adjournment and was called to order by Chairperson Schlenvogt. The Clerk took the roll. All members were present, Supervisors Taylor, Maguire and Khan excused and Supervisor Dolsky absent. Supervisory District 12 is vacant. Board members and guests stood and recited the Pledge of Allegiance to the Flag. Motion made by Supervisor Nelson, seconded by Supervisor Foy, that the January 7 and 21, 2026 minutes be approved as submitted. A voice vote was taken. Motion carried. Under public comment, Jennifer Mackinnon introduced herself as a candidate running for County Supervisor, District 19, and Judge Maria Lazar, Court of Appeals District 2, introduced herself as a candidate running for Justice of the Supreme Court. There were no communications. The following claim was reviewed by the Corporation Counsel Gorden: Notice of Claim - George King. Motion made by Supervisor Matera, seconded by Supervisor Clark to deny the claim. A voice vote was taken. Motion carried. County Administrator Dzwinel presented his monthly report that included information on Lasata CBRF; Dual Diagnosis Day Treatment Center, Project Fund Update, 2019 General Fund Debt Repayment. (Referred) RESOLUTION NO. 25-48 AUTHORIZATON OF SALE OF TAX DEED PROPERTY, CITY OF MEQUON – 4129 W. SCENIC AVENUE, RESIDENTIAL LOT WITH IMPROVEMENTS, PARCEL# 14-083-03-11-000 Vote: Majority FINANCE COMMITTEE Page 4 of 167 Ozaukee County Board of Supervisors February 4, 2026 Regular Meeting Motion made by Supervisor Stelter, seconded by Supervisor Vogel, that Resolution No. 25-48 be adopted. The vote was taken as follows: Ayes - 21, Nays - 0, Absent - 4. The majority of the members present voting aye, the motion was declared adopted. (Referred) RESOLUTION NO. 25-49 AUTHORIZATON OF SALE OF TAX DEED PROPERTY, CITY OF CEDARBURG – N37 W5537 BURR LANE, VACANT LAND (CONTAMINATED PARCEL) PARCEL# 13-051-01-14-004 Vote: Majority FINANCE COMMITTEE Motion made by Supervisor Stelter, seconded by Supervisor Arnett, that Resolution No. 25-49 be adopted. The vote was taken as follows: Ayes - 21, Nays - 0, Absent - 4. The majority of the members present voting aye, the motion was declared adopted. RESOLUTION NO. 25-51 INCREASE OF REVENUE 2026 LAND WATER MANAGEMENT & PARKS AND PLANNING . SUMMARY: Wisconsin Department of Agriculture, Trade and Consumer Protection Soil and Water Resource Management Fund related to manure storage abandonment $45,911; Wisconsin Department of Natural Resource County Conservation Aids grant for Mee-Kwon County Park to support prairie restoration - $2,135; Packer Foundation, Hawthorne Hills County Park to invasive vegetation management, public access trail development - $3,000; Wisconsin Emergency Management Pre-Disaster Flood Resilience Implementation, Milwaukee Oxbow Nature Preserve - $250,000; Wisconsin Economic Development Corporation Site Assessment Grant for parcels in the Town of Fredonia - $142,800; Wisconsin Department of Natural Resources Lake Monitoring and Protection Network grant support water quality and monitoring on the inland lakes, streams and rivers in Ozaukee County - $11,446. VOTE REQUIRED: Two-Thirds of Members Elect Page 5 of 167 Ozaukee County Board of Supervisors February 4, 2026 Regular Meeting FINANCE COMMITTEE Motion made by Supervisor Stelter, seconded by Supervisor Schoessow, that Resolution No. 25-51 be adopted. The vote was taken as follows: Ayes - 21, Nays - 0, Absent - 4. The majority of the members present voting aye, the motion was declared adopted. RESOLUTION NO. 25-52 AMENDING SECTION 2.03(2)(B)1 OF THE OZAUKEE COUNTY POLICY AND PROCEDURE MANUAL – REVIEW OF ELECTRONIC MONEY TRANSFERS SUMMARY: Amending Ozaukee County Policy and Procedure Manual relating to review of electronic money transfers by the County Treasurer. VOTE REQUIRED: Majority FINANCE COMMITTEE Page 6 of 167 Ozaukee County Board of Supervisors February 4, 2026 Regular Meeting Motion made by Supervisor Bichler, seconded by Supervisor Hansher, that Resolution No. 25-52 be adopted. The vote was taken as follows: Ayes - 21, Nays - 0, Absent - 4. The majority of the members present voting aye, the motion was declared adopted. RESOLUTION NO. 25-53 RESOLUTION AUTHORIZING THE REDEMPTION OF CERTAIN OF THE GENERAL OBLIGATION PROMISSORY NOTES, DATED MARCH 7, 2019 SUMMARY: Resolution authorizing the redemption of certain of the General Obligation Promissory Notes, dated March 7, 2019. VOTE: Majority FINANCE AND EXECUTIVE COMMITTEES Motion made by Supervisor Nelson, seconded by Supervisor Holyoke, that Resolution No. 25- 53 be adopted. After debate the vote was taken as follows: Ayes - 21, Nays - 0, Absent - 4. The majority of the members present voting aye, the motion was declared adopted. RESOLUTION NO. 25-54 BUDGET AMENDMENT 2026 – REDEMPTION OF GENERAL OBLIGATION REFUNDING BONDS SUMMARY: Resolution authorizing the redemption of certain of the general obligation refunding bonds, dated August 6, 2019 - $1,238,175.00 VOTE REQUIRED: Two-Thirds of Members Elect FINANCE AND EXECUTIVE COMMITTEES Page 7 of 167 Ozaukee County Board of Supervisors February 4, 2026 Regular Meeting Motion made by Supervisor Nelson, seconded by Supervisor DeMent, that Resolution No. 25- 54 be adopted. The vote was taken as follows: Ayes - 21, Nays - 0, Absent - 4. With two-thirds of the members elect voting aye, the motion was declared adopted. REPORT NO. 25-2 MEETING ATTENDANCE COUNTY SUPERVISOR CITIZEN REPORT SUMMARY: Semi-annual claims for mileage and attendance reimbursement for County Board and Citizen members VOTE REQUIRED: Majority FINANCE COMMITTEE Motion made by Supervisor Kincaide, seconded by Supervisor DeMent, that Report No. 25-2 be adopted and that all claims be allowed and ordered paid. A voice vote was taken. Motion carried. County Board Chairperson Schlenvogt recommended the reappointment of Justin Strom to the Monarch Library System with a term to expire December 31, 2028. Motion made by Supervisor Nelson, seconded by Supervisor Grabow to confirm the appointments. A voice vote was taken. Motion carried. There were no committee reports or supervisor announcements. Motion made by Supervisor Nelson, seconded by Supervisor Matera, to adjourn, subject to call by the Chairperson, or until Wednesday, February 18, 2026 at 9:00 AM. Voice vote, motion carried. Meeting declared adjourned at 9:42 AM. Page 8 of 167 Ozaukee County Board of Supervisors February 4, 2026 Regular Meeting ************************************************************************ CERTIFICATE OF CLERK STATE OF WISCONSIN} COUNTY OF OZAUKEE} I, Kellie R. Kretlow, County Clerk for the County of Ozaukee, do hereby certify that the foregoing is a true and correct record of the transactions of the Ozaukee County Board of Supervisors’ meeting held on February 4, 2026. Reports on file in the County Clerk’s Office. Dated at the Administration Center, City of Port Washington, Ozaukee County, Wisconsin, this 26th day of February 2026. Kellie R. Kretlow, County Clerk Page 9 of 167 OZAUKEE COUNTY BOARD MID-MONTH REGULAR MEETING WEDNESDAY, FEBRUARY 18, 2026 – 9:00 AM ADMINISTRATION CENTER - ROOM A-204 121 W. MAIN STREET, PORT WASHINGTON, WI 53074 DRAFT MINUTES PENDING BOARD APPROVAL The County Board reconvened at 9:00 AM pursuant to adjournment and was called to order by Chairperson Schlenvogt. The Clerk took the roll. All members were present, Supervisor Matera excused and Supervisor Khan was absent. Supervisory District 12 is vacant. Board members and guests stood and recited the Pledge of Allegiance to the Flag. There was no public comment. There were no communications or claims. Presentations: Integrated Behavioral Health Day Treatment (Dual Diagnosis) Program Presentation Jason Dzwinel, County Administrator; Kim Falkner, Human Services Director and Emily Plahna, Behavioral Health Manager Mr. Dzwinel reviewed the opioid settlement terms and spending guidelines. Ms. Falkner and Ms. Plahna delivered an in-depth proposal covering the day center's clinical vision and fiscal impact. Questions were addressed following the presentation. 10:40 AM Supervisors Wolf, Grabow and Larson excused. There were no committee reports. Under supervisor announcements, Supervisor Kincaide mentioned the February 28 fundraiser to benefit Epilepsy and Supervisor Taylor mentioned George Washington’s birthday. Motion made by Supervisor Nelson, seconded by Supervisor Clark, to adjourn, subject to call by the Chairperson, or until Wednesday, March 4, 2026 at 9:00 A.M. Voice vote, motion carried. Meeting declared adjourned at 10:46 A.M. ************************************************************************ CERTIFICATE OF CLERK STATE OF WISCONSIN} COUNTY OF OZAUKEE} I, Kellie R. Kretlow, County Clerk for the County of Ozaukee, do hereby certify that the foregoing is a true and correct record of the transactions of the Ozaukee County Board of Supervisors’ meeting held on February 18, 2026. Reports filed in the County Clerk’s Office. Dated at the Administration Center, City of Port Washington, Ozaukee County, Wisconsin, this 26th day of February 2026. Kellie R. Kretlow, County Clerk Page 10 of 167 Item: 8.a. Agenda Item Information Sheet To: COUNTY BOARD From: Jason Dzwinel, County Administrator Meeting Date: March 4, 2026 Department/Office: Dept of Administration Item Name: Resolution 25-55: Creation of an Ozaukee County Department of Human Services Dual Diagnosis Day Treatment Center Using Ozaukee County Opioid Settlement Funds Summary: Resolution was proposed and reviewed by the Health and Human Services Committee on March 3, 2026 meeting for Executive Commitee and County Board final approval. Proposed One-Time Use of Opioid Settlement Funds - Integrated Behavioral Health Day Treatment (Dual Diagnosis) Program –Ozaukee County Recommended Action: Approve Attachments: 1. Res 25-55 Day Treatment Center Resolution 2. Dual Diagnosis Support Document (2) Page 11 of 167 RESOLUTION NO. 25-55 CREATION OF AN OZAUKEE COUNTY DEPARTMENT OF HUMAN SERVICES DUAL DIAGNOSIS DAY TREATMENT CENTER USING OZAUKEE COUNTY OPIOID SETTLEMENT FUNDS WHEREAS, in 2021, a nationwide settlement agreement was reached by and between several pharmaceutical companies and a class containing most states, counties, and several cities and municipalities; and WHEREAS, in 2021, the Governor signed 2021 Wisconsin Act 57 which outlines the distribution and use of Wisconsin’s share of settlement funds of over $780 million through 2038, with 70% of the proceeds being allocated to 87 local governments that participated in the litigation; and WHEREAS, the Ozaukee County Board of Supervisors have adopted various resolutions authorizing settlement agreements with pharmacy retailers, manufacturers and distributers of opioids; and WHEREAS, the balance of the Ozaukee County Opioid Settlement Special Revenue Fund, is $1,489,000 as of December 31, 2024; and WHEREAS, the Ozaukee County Opiate Settlement proceeds will total $3,800,000 through December 31, 2038: and WHEREAS, 2021 Wisconsin Act 57, the relevant settlement agreements and the State of Wisconsin Joint Committee on Finance approved permitted uses of settlement funds for opioid abatement activities, including treatment, prevention, recovery support, harm reduction, and related system improvements, consistent with the national settlement agreement; and WHEREAS, Ozaukee County continues to experience the impacts of opioid use and polysubstance use disorders, often in combination with serious mental illness, resulting in increased emergency detentions, psychiatric hospitalizations, and involvement with law enforcement and the criminal justice system; and WHEREAS, Ozaukee County currently lacks a local day treatment or partial hospitalization program for adults with co-occurring mental health and opioid and other substance use disorders, creating a significant service gap and reliance on costly inpatient or out- of-county treatment options; and WHEREAS, the proposed Dual Diagnosis Day Treatment Program within the Ozaukee County Human Services Department would provide evidence-based, integrated behavioral health treatment, serving as both a step-down from inpatient hospitalization and a step-up from traditional outpatient care; and Page 12 of 167 WHEREAS, the program is designed to improve care coordination across Human Services, the courts, law enforcement, and crisis response systems, thereby reducing repeat emergency detentions, jail utilization, and avoidable hospital admissions; and WHEREAS, opioid settlement funds are intended to support one-time, capacity-building investments that expand access to substance use disorder treatment and reduce the long-term impacts of the opioid epidemic, including emergency response and public safety costs; and NOW, THEREFORE, BE IT RESOLVED, by the Ozaukee County Board of Supervisors that $600,000 of the Ozaukee County Opioid Settlement Special Revenue Fund be allocated as a one-time investment to support planning, initial staffing, licensing, and program launch for the Ozaukee County Department of Human Services Dual Diagnosis Day Treatment Center; and FURTHER RESOLVED, that the Health and Human Services Committee shall receive quarterly reports beginning in June 2026 on the use of the $600,000 of the Ozaukee County Opioid Settlement Special Revenue Fund, the ongoing licensure of the Ozaukee County Department of Human Services as a DHS 75 certified clinical facility, the recruitment of a Board Certified Psychiatrist to oversee the Dual Diagnosis Day Treatment Center and the audit of ongoing operations anticipated to be substantially supported through Medicaid and other third- party reimbursement. Dated at Port Washington, Wisconsin, this 4th day of March, 2026 SUMMARY: Approving $600,000 of Ozaukee County opiate settlement funds to support the development of a Dual Diagnosis Day Treatment Center. VOTE REQUIRED: Majority HEALTH AND HUMAN SERVICES COMMITTEE EXECUTIVE COMMITTEE Page 13 of 167 Executive Summary Proposed One-Time Use of Opioid Settlement Funds Integrated Behavioral Health Day Treatment (Dual Diagnosis) Program – Ozaukee County Funding Context Ozaukee County currently has $1.7 million in opioid settlement funds available, with a total allocation of $3.7 million through 2038. These funds are presently supporting the co- responder team and must be used for opioid harm reduction and treatment expansion. The anticipated annual expenditure of approximately $225,000 in 2026 for the co-repsonder team. In an effort to put these funds to their best use, the County Administrator, Human Services Director, Public Health Officer, Sheriff, and District Attorney met as ad hoc group to review potential uses of the funds to assist with opiate harm abatement per the requirements of the settlement. All parties agreed that the establishment of an Integrated Behavioral Health Day Treatment (Dual Diagnosis) Program emerged as the most strategic and system-impactful use of these funds. Program Need There is currently no comparable day treatment service in Ozaukee County. The lack of this service serves as a barrier to county citizens seeking this treatment. It is not offered by all of the health systems within Ozaukee County and no not-for-profit organization currently operating in the county holds the appropriate licensure. In the absence of this level of care, individuals with co-occurring mental health and substance use disorders often cycle through: • Emergency departments • Crisis detention • Jail and court involvement • Inpatient psychiatric hospitalization These systems are designed for short-term stabilization, not sustained recovery and are costly for the county. Moreover, the county is currently using contracted Psychiatric services to maintain our DHS 75 licensure that currently supports the ongoing treatment services in the Human Services Department. While this approach satisfies the state licensing requirements it is not optimal, expensive and can be a hinderance in mental health court hearings. The use of contractor examiners places the county in a position that is incongruent with the intended statutes and opens the door to liability, legal battles, and additional costs. Using one-time opiate settlement funds to establish a Dual Diagnosis Day Treatment Program fills these services gaps by providing structured, intensive outpatient treatment Page 14 of 167 while individuals remain in the community. Additionally, the funds that the treatment billing will generate will allow the county to hire a Medical Director replacing the contracted Psychiatric services to not only serve the program, but also other treatment programs in Human Services as well as satisfy the requirements of the Ozaukee County Courts. Program Overview The proposed program would: • Operate five days per week • Serve up to 16 clients per day at full implementation • Provide integrated treatment for serious mental illness and opioid/polysubstance use • Support administration of Chapters 51 and 55, including court hearings, re- commitments, and guardianship cases • Coordinate closely with the behavioral health team including crisis, the co- responder unit, courts, law enforcement, and jail services • Provide a ready treatment solution for individuals in crisis reducing the need to voluntary and involuntary commitments This creates a defined treatment destination beyond hospital emergency detention or incarceration. System Impact This program strengthens and complements the co-responder model by: • Providing an alternative to emergency detention • Reducing jail admissions related to behavioral health crisis • Reducing the number of individuals waiting in jail for higher level step down level treatment • Lowering emergency department utilization • Offering a more humane and clinically appropriate stabilization pathway Instead of cycling individuals through hospital and jail systems, the County would have a structured, recovery-focused option Pro Forma Summary (Based.on.Behavioral.Health.Cost.Model) 1. Annual Operating Cost (Staffing-Based) • Total Annual Cost: $661,168 (Represents.direct.staffing.cost·.does.not.include.supplies.or.equipment¡) Page 15 of 167 Staffing Plan NEW HIRE STAFF CURRENT STAFF 1. Psychiatrist (0.75 FTE): ~$306K • Needed for State license compliance • 0.25 FTE to support Behavioral Health Services 2. Case Manager (1.0 FTE): ~$105K 3. Occupational Therapist (0.50 FTE): ~$59K • Needed for client services and licensure from State • 0.50 FTE to support Behavioral Health CCS Program – full cost recovery 1. Behavioral Health Manager (0.35 FTE): ~$56K 2. Clinical Lead (0.75 FTE): ~$93K 3. QA (0.25 FTE): ~$26K 4. Support (0.25 FTE): ~$16K • Reallocation of responsibilities to clinic operations • Capacity created with enrollment of current clients in clinic CLINIC PRO FORMA ASSUMPTIONS Estimated Hourly Clinic Billing Rates Medicare Rate: $41.00 Medicaid Rate: $21.00 Insured Rate: $58.00 Self Pay: $16.00 Estimated Per Diem Rates Medicare Rate: $250-$350 Medicaid Rate: $170 Insured Rate: $350-$600 Self Pay: $128 Current Outpatient Payor Mix Ozaukee Medicare Rate: 37% Medicaid Rate: 45% Insured Rate: 12% Self Pay: 5% Page 16 of 167 PAYOR MIX BILLING ASSUMPTIONS - CURRENT PAYOR MIX Eight Clients Annual Biling Hours: 12,240 240 Weekly Hours 51 Weeks (Omitting Christmas) Hours Billed Revenues Medicare Payor: 4559 $186,935 Medicaid Payor: 5539 $116,311 Insured Payor: 1499 $86,965 Self Payor: 643 $10,282 TOTAL $400,493 Sixteen Clients Annual Biling Hours: 24,480 480 Weekly Hours 51 Weeks (Omitting Christmas) Hours Billed Revenues Medicare Payor: 9119 $373,871 Medicaid Payor: 11077 $232,621 Insured Payor: 2999 $173,930 Self Payor: 1285 $20,563 TOTAL $800,986 Clinic Operating Cost: $661,168 Reduced Outpatient Payor Mix Medicare Rate: 27% Medicaid Rate: 55% Insured Rate: 5% Self Pay: 12% Page 17 of 167 PAYOR MIX BILLING ASSUMPTIONS - REDUCED PAYOR MIX Eight Clients Annual Biling Hours: 12,240 240 Weekly Hours 51 Weeks (Omitting Christmas) Hours Billed Revenues Medicare Payor: 3335 $136,751 Medicaid Payor: 6763 $142,015 Insured Payor: 643 $37,271 Self Payor: 1499 $23,990 TOTAL $340,027 Sixteen Clients Annual Biling Hours: 24,480 480 Weekly Hours 51 Weeks (Omitting Christmas) Hours Billed Revenues Medicare Payor: 6671 $273,503 Medicaid Payor: 13525 $284,029 Insured Payor: 1285 $74,542 Self Payor: 2999 $47,981 TOTAL $680,054 Clinic Operating Cost: $661,168 At full census, the program covers operational costs of staff, as it does, at a conservative payor mix of reducing Medicare and Commercial Insurance. Because day treatment is cost-reporting eligible, the small remaining gap may be further reduced depending on cost settlement outcomes through Medicare during the ramp up period. Financial Strategy Opioid settlement funds would be used as a one-time startup investment to: • Cover ramp-up operating gap • Support initial staffing and recruitment • Fund program development and implementation Once enrollment reaches 14–16 clients per day, reimbursement offsets nearly all ongoing staffing costs. This approach: • Uses settlement funds for infrastructure development Page 18 of 167 • Avoids long-term structural dependency • Builds a sustainable treatment model Conclusion With $1.7 million currently available and $3.7 million allocated through 2038, Ozaukee County has a rare opportunity to convert restricted opioid settlement funds into lasting treatment infrastructure. At full enrollment, the program approaches financial sustainability while: • Expanding opioid and dual-diagnosis treatment capacity • Reducing pressure on law enforcement and courts • Improving recovery outcomes • Filling a critical regional service gap This is a strategic, time-limited investment with long-term public safety and public health returns. Page 19 of 167 Item: 8.b. Agenda Item Information Sheet To: COUNTY BOARD From: Jason Dzwinel, County Administrator Meeting Date: March 4, 2026 Department/Office: Dept of Administration Item Name: Resolution 25-56: Budget Amendment 2026 – Transfer of $600,000 of Opiate Settlement Funds to Day Treatment Center Summary: Resolution authorizing the transfer of $600,000 from the Opiate Settlement Fund to Human Services for the development of a Day Treatment Center. Recommended Action: Staff respectfully requests that the committee approve the resolution authorizing the transfer of $600,000 from the Opiate Settlement Fund to Human Services for the development of a Day Treatment Center. Attachments: 1. Res 25-56 Budget Amendment - Day Treatment Center 2. Budget Amendment Form - HS Treatment Center Seed Funding Page 20 of 167 RESOLUTION NO. 25-56 BUDGET AMENDMENT 2026 – TRANSFER OF $600,000 OF OPIATE SETTLEMENT FUNDS TO DAY TREATMENT CENTER RESOLVED, by the Ozaukee County Board of Supervisors, that budgets be increased in the accounts as follows: Department/Program Account Number Account Name Amount Amount Human Services - Day Treatment Center Expense 202-5-11-51101-000 Day Treatment Center Salaries and Benefits $ 600,000.00 Opiate Settlement Fund Expense 225-0-00-81100-202 Transfer from Opiate Fund to Human Services $ 600,000.00 Human Services Revenue 202-0-00-71100-225 Operating Transfer from General Fund $ 600,000.00 Dated at Port Washington, Wisconsin, this 4th day of March 2026. SUMMARY: Resolution authorizing the transfer of $600,000 from the Opiate Settlement Fund to Human Services for the development of a Day Treatment Center VOTE REQUIRED: Two-Thirds of Members Elect EXECUTIVE COMMITTEE Page 21 of 167 Resolution No: Period Transfer Recorded: TO: Finance Committee FROM: Increase of Revenue: Fund Transfer: Date of Request: 2/25/2026 Supplemental Appropriations: Acct # 202-5-11-51101-000 $ 600,000 A/C # 202-0-00-71100-225 $ 600,000 / - - / - Pre-request Account's Budget / Changed To Pre-request Account's Budget / Changed To Cost Ctr & A/C Desc Cost Ctr & A/C Desc Acct # 225-0-00-81100-202 $ 600,000 A/C # $ - - / - - / - Pre-request Account's Budget / Changed To Pre-request Account's Budget / Changed To Cost Ctr & A/C Desc Cost Ctr & A/C Desc Acct # $ - A/C # $ - - / - - / - Pre-request Account's Budget / Changed To Pre-request Account's Budget / Changed To Cost Ctr & A/C Desc Cost Ctr & A/C Desc Acct # $ - A/C # $ - - / - - / - Pre-request Account's Budget / Changed To Pre-request Account's Budget / Changed To Cost Ctr & A/C Desc Cost Ctr & A/C Desc Acct # $ - A/C # $ - - / - - / - Pre-request Account's Budget / Changed To Pre-request Account's Budget / Changed To Cost Ctr & A/C Desc Cost Ctr & A/C Desc Acct # $ - A/C # $ - - / - - / - Pre-request Account's Budget / Changed To Pre-request Account's Budget / Changed To Cost Ctr & A/C Desc Cost Ctr & A/C Desc Total Debits: 1,200,000 Total Credits: 600,000 Date of Meeting Date of Meeting Budget Amended By: TYPE IN Oversight Committee Chairperson's Name Reason for Request (Be Specific). Also fill out Support Document for County Board. Date Amended: Oversight Committee Members Finance Committee Members Department Head Signature Transfer to Human Services Debit / Expense New cost center for Treatment Center Transfer from Opioid Fund Credit / Revenue Administration Department Name Type of Budget Amendment (check one) X Budget Amendment Request Committee Approval Form X Page 22 of 167 Item: 8.c. Agenda Item Information Sheet To: COUNTY BOARD From: Chris McDonell, Human Resources Director Meeting Date: March 4, 2026 Department/Office: Human Resources Item Name: Resolution 25-57: Establishing the 2027-2030 Salaries for the Offices of the Sheriff and Clerk of Courts Summary: The Finance Committee meeting approved this resolution at the February 25th meeting for County Board final approval. In 2023, the County implemented a new wage scale following a salary study for non-represented employees during the current 2023–2026 term of the Sheriff and Clerk of Court. The revised wage structure, combined with continued step progression for second-in-command positions, created salary compression and the risk of salary inversion between these elected officials and their direct reports. Staff met individually with the Sheriff and Clerk of Court to review the wage scale impacts and the recommendation presented in this resolution. Since January 2023, the Undersheriff has voluntarily deferred three scheduled step increases to ensure his compensation did not exceed the Sheriff’s salary. As a result, inversion was temporarily avoided, not resolved. The proposed 2027–2030 salaries ensure that the Sheriff and Clerk of Court earn more than the second-in-command positions within their respective offices. The 2023 - 2026 Ozaukee County Salaries are included for reference: 2023 2024 2025 2026 Sheriff $125,259.50 $128,390.99 $131,600.77 $134,890.79 Clerk of Courts $87,402.53 $89,587.59 $91,827.28 $94,122.97 Recommended Action: Staff respectfully requests that the 2027-2030 Salaries of County Officials be approved. Attachments: 1. RES 25-57ELECTED SALARY (1) 2. Elected Officials Salary Exhibit Page 23 of 167 RESOLUTION NO. 25-57 ESTABLISHING THE 2027-2030 SALARIES FOR THE OFFICES OF THE SHERIFF, CLERK OF COURTS WHEREAS, the Finance Committee has reviewed the salaries of the elected officials and recommends the following salaries for 2027, 2028, 2029 and 2030 for the Offices of the Sheriff and Clerk of Court: Current 2027 2028 2029 2030 Sheriff $134,890.79 $153,185.38 $161,318.45 $169,777.74 $174,839.87 Clerk of Courts $94,122.97 $105,206.40 $110,992.75 $117,097.35 $123,537.71 FURTHER RESOLVED, that the salaries as established shall be in lieu of all fees, including per diem and other forms of compensation for services rendered, and with the exception of reimbursement to all officials for expenses actually and necessarily incurred in the performance of official duties, including expenses incurred for traveling within and outside of Ozaukee County; and FURTHER RESOLVED that the officials shall contribute to the Wisconsin Retirement System as determined by Section 40.05 or any other applicable provision of the Wisconsin Statutes; and FURTHER RESOLVED, that the County shall offer each official the Group Health Insurance Plan, available to all employees, per Section 4.03(20) of the County Policy and Procedural Manual, as modified from time to time; and FURTHER RESOLVED, that each official shall collect the fees pertaining to his or her office, keep a complete record of all fees received in the form prescribed by the board, remit the fees to the County Treasurer by the end of each month and file a duly verified record of the total annual receipts collected with the County Clerk within 20 days of the close of the calendar year. Dated at Port Washington, Wisconsin, this 4th day of March, 2026. SUMMARY: Establishing the 2027-2030 Salaries for the Offices of the Sheriff, Clerk of Courts and Coroner. VOTE REQUIRED: Majority FINANCE COMMITTEE Page 24 of 167 HUMAN RESOURCES DEPARTMENT 121 W. Main St. P.O. Box 994 Port Washington, WI 53074 262-284-8320 February 25, 2026 TO: Ozaukee County Board of Supervisors FROM: Christopher McDonell Human Resources Director RE: Information Regarding Elected Official Salaries The following information is provided to assist the Board in establishing the Sheriff and Clerk of Courts salaries for the 2027–2030 term. The County Board must approve these salaries no later than April 15, 2026. Sheriff salary information is presented in Tables 1 through 5. Clerk of Court salary information is presented in Tables 6 through 8. Table 1. Average increases for non-elected/non-union employees *2023 2024 2025 2026 Average Step Increase 3.8% 2.5% 2.5% 2.5% Annual COLA Increase 3.0% 3.0% 3.0% 3.0% Total Potential Increase 6.8% 5.5% 5.5% 5.5% *In 2023, the County implemented new wage scales, provided all employees a 3% COLA on their 2022 final pay, placed them on the new scale at a step that did not reduce pay, and continued step increases on their established anniversary date. Table 1 reflects the combined impact of annual step movement and the Board-approved cost of living adjustment (COLA). Non-elected, non- union employees are placed on an 11-step pay grade structure, with the average movement between steps equal to approximately 2.5 percent. Step increases are earned based on anniversary date progression within the established wage scale. The COLA is approved annually by the County Board as part of the budget process and increases the entire wage scale. Employees who have reached the top step of their pay grade do not receive a step increase and therefore receive only the annual COLA. The total potential increase shown represents the combined effect of both step movement and the annual COLA. Page 25 of 167 Table 2. Average Increases for Deputy Sheriff Union Employees (2023–2025) 2023 2024 2025 Average Step Increase 3.8% 3.8% 3.8% Annual COLA Increase 4.0% 3.5% 3.0% Total Potential Increase 7.8% 7.3% 6.8% Table 2 reflects the negotiated wage increases under the 2023–2025 Deputy Sheriff Collective Bargaining Agreement. Deputy Sheriffs are placed on a step-based wage schedule, with an average step movement of 3.8 percent during this contract period. Step increases are earned in accordance with the terms of the collective bargaining agreement. In addition, the agreement provides for annual cost of living adjustments (COLA), which increase the entire wage schedule. Deputies who have reached the top step of the schedule do not receive a step increase and therefore receive only the negotiated COLA. The total potential increase shown represents the combined effect of both step movement and the annual COLA as provided in the agreement. Table 3. Current Command and Sheriff's Office Leadership Salaries Type Job Title Annual Salary % Difference from Sheriff Command Sheriff $134,890 Command Undersheriff $134,285 0.5% Command Captain $127,608 5.7% Command Captain of Operations $118,248 14.1% Command Lieutenant $109,512 23.2% Supervisory *Sergeant - Jail $97,760 38.0% Supervisory *Corporal - Patrol $91,686 47.1% Supervisory Corporal - Jail $78,853 71.1% Table 3 outlines the current salary structure within the Sheriff’s Office leadership team and shows each position’s percentage difference from the Sheriff’s salary. The data reflects that salary compression is limited to the relationship between the Sheriff and Undersheriff, where the compensation difference is only 0.5 percent. In contrast, there are more substantial and appropriate salary differentials between the Sheriff and the remaining command and supervisory ranks, ranging from 5.7 percent at the Captain level to significantly larger gaps at the Lieutenant, Sergeant, and Corporal levels. This indicates that compression is not a broader command staff issue, but rather isolated to the Sheriff and Undersheriff positions. Page 26 of 167 Table 4. 2025 Sheriff and Second-in-Command Salary Comparison, Peer and Large Wisconsin Counties County Sheriff Salary (2025) 2nd in Command Actual Salary (2025) Sheriff vs 2nd Command 2025 Difference 2nd in Command Top of Range (2025) Sheriff Actual (2025) vs. 2nd in Command Top of Range (2025) Population Dane $162,319 $201,676 ($39,357) $201,676 ($39,357) 588,374 Waukesha $132,891 $168,812 ($35,921) $192,504 ($59,613) 412,591 Racine $118,976 $144,934 ($25,958) $157,622 ($38,646) 198,651 Outagamie $118,474 $140,732 ($22,258) $140,732 ($22,258) 195,390 Winnebago $124,190 $137,209 ($13,019) $152,241 ($28,051) 173,307 Rock $137,774 $149,968 ($12,194) $169,332 ($31,558) 164,278 Washington $130,055 $142,039 ($11,984) $140,455 ($10,400) 138,727 Dodge $112,454 $120,411 ($7,957) $154,252 ($41,798) 88,231 Sheboygan $118,664 $119,433 ($769) $152,526 ($33,862) 118,331 Walworth $130,946 $129,750 $1,196 $136,971 ($6,025) 105,822 Ozaukee $131,580 $130,374 $1,206 $149,926 ($18,346) 93,956 Brown $126,470 $120,681 $5,789 $113,045 $13,425 273,909 Jefferson $122,491 $115,980 $6,511 $133,079 ($10,588) 85,746 Eau Claire $125,464 $116,043 $9,421 $121,992 $3,472 108,830 Average $127,782 $139,051 ($11,269) $151,264 ($23,481) 204,014 Table 4 compares the Sheriff and second-in-command salaries across comparable and larger Wisconsin counties for 2025. Ozaukee County’s Sheriff salary of $131,580 is slightly above the peer county average of $127,782, indicating that the Sheriff’s compensation was competitively positioned within the external market. The Undersheriff’s top-of-range salary of $149,926 is also competitive when compared to the peer group average for second-in-command positions. In several counties included in this comparison, the second-in-command earns more than the Sheriff, resulting in salary inversion. Ozaukee County is not currently inverted; however, that is only because the current Undersheriff voluntarily deferred three step increases since January 2023. Absent that voluntary deferral, Ozaukee County would likely reflect a similar inversion pattern seen in multiple peer counties. This demonstrates that in 2025 both the Sheriff and Undersheriff were aligned with external market benchmarks, which is precisely why salary inversion pressure was emerging. Page 27 of 167 Table 5. Proposed Sheriff Salary Data for Comparable WI Counties (2027-2030) All salary figures shown in Table 5 for 2027–2030 are proposed projections and are subject to approval by the respective County Boards. The proposed Sheriff salary in Table 5 is consistent with the middle range of Pay Grade 21, which is the same pay grade assigned to the Director of Public Works, Lasata Campus Administrator, and the Director of Human Services. While the Sheriff’s proposed salary will be higher than the counties included in Table 5, it remains internally equitable within the County’s established compensation structure. Page 28 of 167 Table 6. 2026 Clerk of Court and Chief Deputy Compensation Comparison County Clerk of Court Salary (2026) Chief Deputy Clerk of Court Actual Salary (2026) Chief Deputy Clerk of Court Top of Range (2026) Population Waukesha $104,575 $88,920 $117,382 412,591 Walworth $99,153 $88,233 $114,307 105,822 Winnebago $98,742 $90,860 $94,921 173,307 Outagamie $97,248 $89,460 $92,144 195,390 Washington $96,612 $81,788 $91,665 138,727 Eau Claire $96,276 N/A $87,568 108,830 Racine $96,162 $68,203 $87,651 198,651 Ozaukee $94,123 $89,190 $105,206 93,956 Rock $92,264 $81,161 $89,856 164,278 Jefferson $90,396 $84,721 $90,175 85,746 Brown $89,655 $72,467 $94,813 273,909 Dodge $87,795 $74,464 $92,955 88,231 Average $95,353 $82,679 $95,767 176,862 Table 6 compares the 2026 Clerk of Court salary to other counties. Ozaukee County’s Clerk of Court salary of $94,123 is closely aligned with the peer county average of $95,353, demonstrating strong external market comparability. Page 29 of 167 Table 7. Clerk of Court Salary Options and Projected Impact (2027–2030) Table 7 outlines two compensation options for the Clerk of Court for the 2027–2030 term and compares each option to projected Chief Deputy compensation. Option 1 applies annual 5.5 percent COLAs and maintains the existing differential of approximately 2.8 percent between the Clerk of Court and the Chief Deputy. Option 2 places the Clerk of Court at the top step of the Chief Deputy pay range and then applies 5.5 percent annual increases, resulting in an approximate 9 percent differential between the two positions. While Option 1 preserves the current spread, Option 2 establishes a clearer separation between the elected official and the chief deputy role and more intentionally defines the compensation relationship. Staff recommends Option 2. Page 30 of 167 Table 8. Clerk of Circuit Court Salary Data for Comparable WI Counties (2027-2030) All salary figures shown for 2027–2030 are proposed projections and are subject to approval by the respective County Boards. Table 8 compares the proposed Clerk of Court salary structure to other counties and reviews total projected wages for 2027–2030. Under the proposed structure, Ozaukee County’s total wages of $456,834 over the four-year term are closely aligned with Waukesha County at $472,503 and Walworth County at $457,277. Sincerely, Christopher K. McDonell Human Resources Director Page 31 of 167 Item: 8.d. Agenda Item Information Sheet To: COUNTY BOARD From: Jason Dzwinel, County Administrator Meeting Date: March 4, 2026 Department/Office: Dept of Administration Item Name: Resolution 25-58: Urging the Governor of Wisconsin and the State Legislature to Enact a Comprehensive, Sustainable Transportation Funding Solution Summary: The Publics Works Committee approved this resolution at the February 19th meeting for County Board final approval. Purpose The Wisconsin Counties Association (WCA) has initiated a statewide effort encouraging counties to adopt a resolution urging state policymakers to establish a sustainable long-term funding solution for Wisconsin’s Transportation Fund. The purpose of this memo is to provide background and recommend that the Ozaukee County Board consider adopting the model resolution. Background On January 12, 2026, WCA launched the first phase of a coordinated, multi-step campaign focused on addressing the structural imbalance within the state’s Segregated Transportation Fund. Transportation funding to local governments—including counties—is derived primarily from user fees (e.g., fuel taxes, registration fees), which are deposited into the segregated fund and distributed through programs such as: • General Transportation Aids (GTA) • Local Road Improvement Program (LRIP) • Local Road Improvement Program – Supplemental (LRIP-S) • Agricultural Road Improvement Program (ARIP) • Bridge replacement and rehabilitation funding for 6–20 foot structures In recent biennia, expenditures from the Transportation Fund have exceeded revenue generated from transportation- related user fees. To address this gap—now exceeding $1 billion—state policymakers have transferred General Purpose Revenue (primarily income and sales tax dollars) into the Transportation Fund. While these transfers have allowed for continued investment in local transportation programs, they are dependent on the availability of state budget surpluses. Absent structural reform or a sustainable revenue model, continued funding at current levels is uncertain. Why This Matters to Ozaukee County Transportation infrastructure is foundational to: • Public safety • Economic development • Agricultural commerce • Daily mobility for residents • Preservation of long-term asset value Page 32 of 167 Programs such as GTA, LRIP, ARIP, and bridge funding directly support the County’s ability to maintain roadways and structures without placing disproportionate pressure on local property taxpayers. Recent increases in these programs have been beneficial; however, those gains are vulnerable if the underlying funding imbalance is not addressed. In short, we are currently benefiting from a funding model that relies on temporary fiscal conditions rather than structural stability. That is not a long-term strategy. The Proposed Resolution The WCA model resolution: • Does not prescribe a specific funding mechanism. • Does not advocate for a particular tax or fee increase. • Simply urges state lawmakers and future governors to adopt a sustainable solution to the Transportation Fund deficit in the next state budget. This approach maintains local neutrality regarding policy tools while clearly signaling that the issue requires action. Recommended Action: Staff respectfully requests that the committee approve the resolution. Attachments: 1. Res 25-58 Transportation Resolution 1.12.2026 Page 33 of 167 RESOLUTION NO. 25-58 URGING THE GOVERNOR OF WISCONSIN AND THE STATE LEGISLATURE TO ENACT A COMPREHENSIVE, SUSTAINABLE TRANSPORTATION FUNDING SOLUTION WHEREAS, local units of government in Wisconsin own and maintain approximately 90% of the public road miles in the state, including county highways, town roads, and city and village streets; and WHEREAS, Wisconsin’s economy—rooted in agriculture, manufacturing, and tourism— relies on a safe, reliable, and well-maintained transportation network; and WHEREAS, local governments greatly appreciate the one-time infusions of General Purpose Revenue, primarily sales and income taxes, and other revenue provided in recent state budgets, which have enabled the initiation and continuation of the successful and popular Local Roads Improvement Program Supplemental (LRIP-S) and Agricultural Roads Improvement Program (ARIP); and WHEREAS, despite modest increases from the state over the years, transportation aids to local governments remain insufficient to keep pace with inflation and rising construction costs, leaving many communities funded below 2000 levels in real dollars; and WHEREAS, local governments throughout Wisconsin continue to struggle to perform even routine maintenance, pavement preservation, and safety improvements, resulting in deteriorating roads and bridges; and WHEREAS, the inaugural inventory and assessment of small bridges between 6 to 20 feet found about 10% of the nearly 17,000 structures to be in poor or severe condition; and WHEREAS, levy limits and other fiscal constraints prevent local governments from independently filling the funding gap created by inadequate state transportation aids; and WHEREAS, absent sustainable state funding, many communities have been forced to address their shortfalls by significantly increasing borrowing, deferring essential projects, or imposing local vehicle registration (“wheel”) taxes; and WHEREAS, Wisconsin motorists currently pay among the lowest transportation user fees in the Midwest, while neighboring states and dozens of others nationwide have enacted long-term revenue measures to keep their transportation systems competitive; and WHEREAS, Wisconsin is increasingly relying on General Purpose Revenues to make needed investments, potentially pitting transportation against other vital services, such as education; and WHEREAS, continued lack of growing, dedicated, and predictable revenue places Wisconsin at a growing economic disadvantage by threatening the efficiency of freight movement, the safety of travelers, and the attractiveness of our state to businesses and residents; and Page 34 of 167 WHEREAS, both Wisconsin’s aging Interstate highway system—largely constructed in the 1950s and 1960s—and our extensive network of state and local roads require predictable, adequate, and sustainable funding to meet current and future needs; NOW, THEREFORE, BE IT RESOLVED, that the Ozaukee County Board of Supervisors strongly urges the Governor of Wisconsin and the State Legislature to enact a comprehensive, sustainable transportation funding solution that: 1. Provides adequate and reliable revenue growth for the efficient long-term planning and execution of state and local transportation programs; 2. Includes responsible and prudent use of General Purpose Revenue and bonding; 3. Adjusts any new and existing transportation user fees and other revenue mechanisms to sustain purchasing power in order to maintain and improve Wisconsin’s transportation infrastructure; and 4. Ensures transportation continues to deliver for Wisconsin by adequately funding reconstruction, preservation, and safety investments on the state and local systems. BE IT FURTHER RESOLVED that the clerk is hereby directed to transmit a copy of this resolution to the Governor’s office, all members of the Wisconsin State Senate and Assembly representing districts within Ozaukee County, and the Wisconsin Counties Association. Dated, at Port Washington, Wisconsin this 4th day of March, 2026. SUMMARY: Urging the Governor of Wisconsin and the State Legislature to enact a comprehensive, sustainable transportation funding solution. VOTE REQUIRED: Majority PUBLIC WORKS COMMITTEE Page 35 of 167 Item: 8.e. Agenda Item Information Sheet To: COUNTY BOARD From: Jon Edgren, Public Works Director Meeting Date: March 4, 2026 Department/Office: Highway Department Item Name: Resolution 25-59: Ozaukee County Rural Area Functional Classification Updates Summary: The Public Works Committee approved this resolution at the February 19th meeting for County Board final approval. BACKGROUND INFORMATION: The Wisconsin Department of Transportation (WisDOT) Planning Section notified Ozaukee County that they update the classification of roadways every ten years following the release of decennial census data. Due to the new census data and recently updated urban area boundaries, it is necessary to review the functional classification of roadways within the rurally designated areas of Ozaukee County. WisDOT provided a map and spreadsheet (attached) that summarizes the changes that WisDOT is proposing for Ozaukee County. Additionally, they are requesting a resolution to show that the County is aware of and had input on the changes when the finalized information is submitted to the Federal Highway Administration (FHWA) as part of requesting the update. ANALYSIS: The three (3) proposed updates to the functional classification map are as follows: 1. STH 60 from Washington County Line to I-43 upgraded from Minor Arterial to Principal Arterial 2. CTH NN from Washington County Line to STH 60 upgraded from Major Collector to Minor Arterial 3. CTH I from Cedar Sauk Road to STH 33 upgraded from Major Collector to Minor Arterial Highway Department staff have no concerns with the updates and recommend approval as higher rated roadways tend to have more grant funding available. Recommended Action: Approve WisDOT’s Functional Classification updates and resolution, and forward to the Ozaukee County Board for approval. Attachments: 1. Res 25-59 WisDOT Func Class 2. WisDOT Func Class Change Map - Ozaukee County 3. WisDOT Func Class Update - Oz Cty Rural - 2-12-26 Page 36 of 167 RESOLUTION NO. 25-59 APPROVAL OF CHANGES TO THE RURAL FUNCTIONAL CLASSIFICATION SYSTEM IN OZAUKEE COUNTY WHEREAS, functional classification is the method by which roads and streets are categorized based on the levels of mobility and access they provide; and WHEREAS, geographic areas not within a designated Urban Area (UA) are designated as Rural; and WHEREAS, rural areas, for the purposes of functional classification, are defined by county; and WHEREAS, functional classification of a road or street has a bearing on federal transportation funding eligibility, and WHEREAS, the Federal Highway Administration (FHWA) and Wisconsin Department of Transportation (WisDOT) have developed guidance for functional classification of roads and streets; and WHEREAS, WisDOT periodically reviews and updates to the functional classification system of roads and streets throughout the state; and WHEREAS, these recommended functional classification changes were developed through joint review by County officials and WisDOT planning staff; and WHEREAS, these recommended changes have been reviewed by the Ozaukee County Public Works Committee; and WHEREAS, documents showing the recommended Functional Classification (FC) changes are attached; and WHEREAS, the Wisconsin Department of Transportation will, after local approval of the recommended FC changes, approve the changes and submit them to FHWA for final approval; and WHEREAS, the approved final FC map will be made available to the Ozaukee County Rural Area after FHWA final approval. NOW, THEREFORE, BE IT RESOLVED that the Ozaukee County Board of Supervisors hereby approves all recommended functional classifications to the Ozaukee County Rural Area. Dated at Port Washington, Wisconsin, this 4th day of March 2026. SUMMARY: Approve changes to the Rural Functional Classification System in Ozaukee County. VOTE REQUIRED: Majority Page 37 of 167 PUBLIC WORKS COMMITTEE Page 38 of 167 Principal Arterial Minor Arterial Major Collector Minor Collector Local Urban Area Boundary City Boundary Village Boundary Rural Area Bayside Cedarburg Milwaukee Fox Point Menomonee Falls Newburg Fredonia River Hills Random Lake Port Washington Cedar Grove Mequon Saukville Germantown Belgium Brown Deer Thiensville Grafton !( 32 !( 32 !( 175 !( 181 !( 57 !( 144 !( 144 !( 33 !( 145 !( 167 !( 60 !( 33 !( 60 !( 33 !( 145 !( 100 !( 28 !( 100 !( 181 !( 60 !( 57 !( 57 ") A ") A ") LLL ") Y ") Q ") KK ") O ") O ") CC ") C ") C ") II ") T ") KW ") KW ") T ") Q ") V ") XX ") A ") K ") W ") CC ") Z ") RR ") H ") W ") NN ") F ") C ") K ") B ") DE ") I ") Y ") LL ") LL ") I ") D ") D ") D ") I ") I ") M ") M ") M ") E ") H ") W ") B §¨¦ 41 §¨¦ 43 §¨¦ 43 §¨¦ 43 §¨¦ 43 Esri, NASA, NGA, USGS, FEMA Ozaukee County FHWA Approval Date: xx/xx/xx 0 1 2 3 40.5 Miles K Functional Classification - Recommended Changes Lake Michigan WisDOT Bureau of Planning and Economic Development 1. STH 60 MA->PA The information on these maps was created for the official use of the Wisconsin Department of Transportation (WisDOT). Any other use, while not prohibited, is the sole responsibility of the user. WisDOT expressly disclaims all liability regarding fitness of use of the information for other than official WisDOT business. Washington County Milwaukee County Sheboygan County 2. CTH NN MAC->MA 3. CTH I MAC->MA Page 39 of 167 RECOMMENDED FUNCTIONAL CLASSIFICATION CHANGES WisDOT Region: South East (SE) County: Ozaukee County Population Density:High County: IH PA MA MAC MIC LOC TOTAL Starting Mileage: 14.78 25.48 13.06 68.95 52.79 240.04 415.1 No. Route Limits From To IH PA MA MAC MIC LOC Reason 1 STH 60 Washington County Line - rMA to rPA 2.86 -2.86 AADT is at PA levels (7500-15700), continuity with Washington County change 2 CTH NN Washington County Line - STH 60 rMAC to rMA 3.90 -3.90 3 CTH I Cedar Sauk Rd - STH 33 rMAC to rMA 1.95 -1.95 AADT is at MA levels (3300-5300), continuity improvement (removes dead end arterial) 4 to 5 to 6 to 7 to 8 to 9 to 10 to 11 to 12 to 13 to 14 to 15 to 16 to 17 to 18 to 19 to 20 21 to Change: 0 2.86 2.99 -5.85 0 0 0.00 End Mileage: 14.78 28.34 16.05 63.1 52.79 240.04 415.1 End %: 3.6% 6.8% 3.9% 15.2% 12.7% 57.8% desirable range 1% - 3% 2% - 8% 2% - 6% 8% - 19% 3% - 15% 62% - 74% OZAUKEE COUNTY AADT is at MA levels (5700), continuity with Washington County change Page 40 of 167 Item: 8.f. Agenda Item Information Sheet To: COUNTY BOARD From: Jon Edgren, Public Works Director Meeting Date: March 4, 2026 Department/Office: Highway Department Item Name: Resolution 25-60: Town Road Bridge Aid for Town of Saukville's Cedar Sauk Road Bridge Summary: The Public Works Committee approved this resolution at the February 19th meeting for County Board final approval. BACKGROUND INFORMATION: Wisconsin State Statute 82.08 – Town Bridges or Culverts; Construction and Repair; County Aid (attached) provides Townships with a method to assist in the reconstruction of larger culverts or bridges by obtaining reimbursement of 50% of construction related costs from their County. The County’s portion will be levied against Town parcels within the County. Section (2)(b) does allow for County’s to refuse these petitions, but only if the County Board hasn’t granted County Bridge Aid previously. However, Ozaukee County has approved County Bridge Aid at various times, so I believe that there is no ability to decline the request. In this particular case, the Town of Saukville is planning to replace the Cedar Sauk Road Bridge (P45-0907), which is 3,000-ft east of County Trunk Highway (CTH) I. The total estimated construction cost is $790,500, but the Town has received a Wisconsin Department of Transportation (WisDOT) grant to cover 80% of the costs, which would leave the Town of Saukville with an estimated cost of $158,900. The Town of Saukville has requested Ozaukee County to split their share of the cost, which would have Ozaukee County cover $79,450. Attached is the Town of Saukville’s petition. ANALYSIS: Given Ozaukee County’s past Town Road Bridge Aid approvals, attached is the proposed resolution directing the set-aside of funds for the Town of Saukville’s request. Per Wisconsin Statute 82.08(2), the funds should be set aside in a separate account administered by the Highway Department for future payment. However, the Town of Saukville is planning for replacement of the Cedar Sauk Road Bridge in 2028, so the funds won’t need to be set aside until the 2028 Budget. Page 41 of 167 Recommended Action: Approve the Town of Saukville’s Town Road Bridge Aid request for Cedar Sauk Road Bridge, and forward to the Ozaukee County Board for approval. Attachments: 1. Res 25-60 Cedar Sauk Rd Bridge 2. Wisconsin Statute 82.08 - Town Road Bridge Aid 3. T-Saukville - Cedar Sauk Bridge - Town Road Bridge Aid Resolution Page 42 of 167 RESOLUTION NO. 25-60 TOWN ROAD BRIDGE AID FOR TOWN OF SAUKVILLE’S CEDAR SAUK ROAD BRIDGE WHEREAS, Wisconsin State Statutes allow for Townships to seek fifty-percent (50%) funding for bridges or culverts with a 36-inch or greater span through their respective County as prescribed in Wisconsin State Statutes Section 82.08 - Town bridges or culverts; construction and repair; county aid; and WHEREAS, the Town Board of the Town of Saukville, by resolution, passed and adopted on December 29th, 2024, a petition for aid to replace the Cedar Sauk Road Bridge (P45- 0907), 3,000-ft east of County Trunk Highway (CTH) I; and WHEREAS, the aforementioned bridge is in poor condition and needs to be replaced; and WHEREAS, the proposed bridge will meet the standards and specifications for design and construction set by Wisconsin Department of Transportation (WisDOT); and WHEREAS, the bridge replacement is estimated to have a total construction cost of $790,500, but the Town received a Wisconsin Department of Transportation (WisDOT) grant to cover 80% of the costs leaving the Town to cover $158,900; and WHEREAS, the Town has requested for Ozaukee County to split the construction cost of the project, which would have the County and Town responsible for approximately $79,450 each; and WHEREAS, the county's share of this bridge replacement will be levied against the Town Parcels in Ozaukee County by the 2028 Budget. NOW, THEREFORE, BE IT RESOLVED by the Ozaukee County Board of Supervisors that the Petition is hereby granted. BE IT FURTHER RESOLVED that upon the filing of written notice with the County Public Works Committee by the Town of Saukville Town Board that the work has been completed and accepted by the Town Board, the County's share of the project costs shall be disbursed to the Town upon approval by the Public Works Committee and acquisition of the levied funds by the County Clerk. Dated at Port Washington, Wisconsin, this 4th day of March, 2026. SUMMARY: Town of Saukville’s Bridge Aid Request for Cedar Sauk Road Bridge. VOTE REQUIRED: Majority Page 43 of 167 PUBLIC WORKS COMMITTEE Page 44 of 167 508/
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 Page 45 of 167 WHEREAS: TOWN OF SAUKVILLE RESOLUTION NO. 2024- 08 --- A RESOLUTION TO PETITION THE OZAUKEE COUNTY HIGHWAY COMMISSIONER FOR COUNTY AID PURSUANT TO WIS. STAT. § 82.08 RECITALS 1. Wis. Stat.§ 82.08(1) provides in part that "[a] town that has voted to ... repair any bridge or culvert that is on ... an existing highway maintained by the town may file a petition for county aid with the county highway commissioner. The petition shall describe the location and size of the bridge or culvert and shall contain a statement that the town has provided the funds required by [Wis. Stat. § 82.08(3).) 2. Wis. Stat. § 82.08(3) provides that the Town and County shall each pay one-half of the cost of construction. 3. The Town has voted to repair the following bridge on Cedar Sauk Road: ( Wis-DOT Bridge ID P45-0907 ) 4. The above-identified bridge is deficient and requires replacement. Reconstruction has been scheduled for 2028. 5. The Town anticipates that 80% of the total cost will be paid for by a Wisconsin Department of Transportation grant. The remaining 20% is the Town's responsibility. Therefore, this petition is for 50% of the Town's responsibility, i.e., 10% of the total cost. 6. The total anticipated project cost is [$790,500.) Therefore, the Town's total responsibility is [$158,900), and the County's responsibility under this Petition would be [$79,450.) THEREFORE, the Town Board of the Town of Saukville does hereby resolve and hereby petitions the Ozaukee County Highway Commissioner pursuant to Wis. Stat. § 82.08(1) for county aid in reconstructing the above-described bridge on Cedar Sauk Road in the Town of Saukville. Page 46 of 167 Passed and adopted this day of _,T:x __ UL_m ____ k ___ , 202_i_. Ayes: 3 r··L/ Noes:. {1 Kevin Kimmes, Town Chairperson Page 47 of 167 Item: 8.g. Agenda Item Information Sheet To: COUNTY BOARD From: Matt Aho, Program Manager, Kellie Kretlow, County Clerk Meeting Date: March 4, 2026 Department/Office: Planning & Parks Item Name: Resolution 25-61: Submittal and Acceptance of a Wisconsin Department of Natural Resources Municipal Flood Control Grant for Acquiring Parcel ID: 110500501024 Along County Highway Trunk W and the Milwaukee River in the Village of Saukville for Addition to the Ozaukee County Park System Per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes for River Oxbow, Floodplain and Wetland Restoration as part of the County Highway Trunk W Road Reconstruction and Restoration Project Summary: The Natural Resource Committee approved this resolution at the February 5th meeting for County Board final approval. Resolution: Submittal and Acceptance of a Wisconsin Department of Natural Resources Municipal Flood Control Grant for Acquiring Parcel ID: 110500501024 Along County Highway Trunk W and the Milwaukee River in the Village of Saukville for Addition to the Ozaukee County Park System Per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes for River Oxbow, Floodplain and Wetland Restoration as part of the County Highway Trunk W Road Reconstruction and Restoration Project Recommended Action: Approve the resolution for submittal and acceptance of a grant by the Planning and Parks Department to the Wisconsin Department of Natural Resources Municipal Flood Control grant program for acquiring property located in the Village of Saukville, WI (Parcel ID: 110500501024) for addition to the Ozaukee County Park System per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes. Attachments: 1. Res 25-61 -A-S2026_NRC02052026_WDNR Municipal Flood Control Grant Application_V Saukville Acquisition 2. AS2026_NRC02052026_WDNR Municipal Flood Control Grant Application_V Saukville Acquisition_Final_Support Document 3. PP_Dept_WDNR MFC Grant Application Summary_V Saukville Acquisition_ATSEdits012826_Final 4. P&P_Dept_About WDNR MFC Grants 5. P&P_Dept_WDNR MFC Grant Map Packet Page 48 of 167 RESOLUTION NO. 25-61 SUBMITAL AND ACCEPTANCE OF A WISCONSIN DEPARTMENT OF NATURAL RESOURCES MUNICIPAL FLOOD CONTROL GRANT FOR ACQUIRING PARCEL ID: 110500501024 ALONG COUNTY HIGHWAY TRUNK W AND THE MILWAUKEE RIVER IN THE VILLAGE OF SAUKVILLE FOR ADDITION TO THE OZAUKEE COUNTY PARK SYSTEM PER §§ 59.52(6)(A) AND 27.065(1)(A) WISCONSIN STATUTES FOR RIVER OXBOW, FLOODPLAIN AND WETLAND RESTORATION AS PART OF THE COUNTY HIGHWAY TRUNK W ROAD RECONSTRUCTION AND RESTORATION PROJECT WHEREAS, Ozaukee County, through the Highway Department and Planning and Parks Department, is engineering and designing a holistic, long term solution to reduce flooding of the active roadway (County Trunk Highway W), improve the safety of County Trunk Highway W and restore fish and wildlife habitat along the Milwaukee River in the Village of Saukville in and adjacent to the Milwaukee River Oxbow Nature Preserve; and WHEREAS, the primary goal of the reconstruction and restoration project is to alleviate regular flooding of the active roadway and address safety concerns, while improving floodplain connectivity for aquatic organism passage into the riparian floodplains, wetlands and a historic Milwaukee River oxbow; and WHEREAS, financial aid is required to carry out the project; and WHEREAS, the objectives of the reconstruction and restoration project are to design and engineer a new County Trunk Highway W roadway (between approximately STH 33 and Schowalter Street) with sufficient flood conveyance and capacity to reduce flooding of the active roadway and increase fish and wildlife habitat through a reconnection and restoration of the historic floodplain, wetlands and oxbow to maximize suitable hydroperiod using appropriately sized culverts or flood conveyance structures, incorporating habitat improvements including reconnecting the historic oxbow, riparian floodplains and wetlands, invasive species management, planting and management of native trees and shrubs, seeding of native prairie and wetlands and conducting environmental monitoring to document the long term success of the project; and WHEREAS, acquisition of property(ies) adjacent to the County Trunk Highway W right of way and within the project area along the Milwaukee River (between approximately STH 33 and Schowalter Street) is synergistic with the road reconstruction project plans and for floodplain and wetland habitat restoration; and WHEREAS, the Wisconsin Department of Natural Resources Municipal Flood Control grant will fund up to 50% of the total project cost and remaining matching funds will be provided by pending Wisconsin Emergency Management Hazard Mitigation Grant Program and Ozaukee County Capital Project Fund grants; and WHEREAS, the Ozaukee County Planning and Parks Department (Department) will utilize WDNR Municipal Flood Control grant funding and associated matching funding to acquire the approximately 0.26 acre parcel (Parcel ID: 110500501024), currently listed for sale on the open market, located adjacent to the Milwaukee River Oxbow Nature Preserve and the County Highway Trunk W Road Reconstruction and Restoration Project to be incorporated into the Ozaukee County Park System; and Page 49 of 167 WHEREAS, the Ozaukee County Board of Supervisors adopted the Park and Open Space Plan for Ozaukee County: 2035 on June 1, 2011 (Resolution 11-14); and WHEREAS, pursuant to Sections 59.69 and 66.1001(4)(b) of the Wisconsin Statutes, the Ozaukee County Board of Supervisors adopted the County Comprehensive Plan embodied in SEWRPC Community Assistance Planning Report No. 285, A Multi-Jurisdictional Comprehensive Plan for Ozaukee County: 2035 on April 2, 2008 and subsequent Amendments 2009-01 on May 6, 2009; 2013-01 on May 1, 2013; and 2013-02 on December 4, 2013 and 2025-01 on December 3, 2025 incorporating local government amendments, the Park and Open Space Plan for Ozaukee County and the Farmland Preservation Plan for Ozaukee County respectively; and WHEREAS, the Park and Open Space Plan was to be prepared within the framework of the Multi-jurisdictional Comprehensive Plan for Ozaukee County: 2035 and is based upon the recommended development pattern set forth in the County comprehensive plan and will refine and detail the park and open space-related recommendations of the County comprehensive plan; and WHEREAS, the Ozaukee County Board of Supervisors recently adopted the updated A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) on December 4, 2024 (Resolution 24-42); and WHEREAS, the acquisition, development and maintenance of lands for public outdoor recreation including park and trail acquisition and development is consistent with the adopted A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) and A Multi- Jurisdictional Comprehensive Plan for Ozaukee County: 2035; and WHEREAS, acquisition of the proposed parcel (via acceptance of title) is consistent with the adopted A Park and Open Space Plan for Ozaukee County: 2050 (4 th Edition), which identifies the parcel as part of the Milwaukee River Recreation Corridor and recommends acquisition (donation) of lands within the project area by Ozaukee County for addition to the Ozaukee County Park System (P. 7, 133, 143, 186, 187, 189, 192, 201, 213, 221-226); and WHEREAS, the adopted A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) identifies the parcel as adjacent to a primary environmental corridor and having high groundwater recharge potential and recommends protection of these areas (P. 26, 33, 68, 70, 173, 178, 186-189, 201) and the project activities are related to recommendations for providing public access to waterways (P. 8, 80, 122, 135, 146, 212-213, 456, 458-459), for aquatic fragmentation and habitat restoration improvements (P. 25, 63, 126, 147, 150, 219) and to provide trails and bicycle ways along the Milwaukee River as part of the proposed Milwaukee River Recreation Corridor (P. 81, 209, 242, 261); and WHEREAS, acquisition of lands along the Milwaukee River is also consistent with two recent Ozaukee County acquisitions in the project area (parcels 110500502000 and 110500506003), an existing Village of Saukville owned parcel (Schowalter Park) and is consistent with the County Board endorsed Regional Water Quality Management Plan Update (P. 91, 93, 427) and adopted Multi-Jurisdictional Comprehensive Plan for Ozaukee County: 2035 (P. 100, 101, 144, 271, 273, 276), which identifies the parcel adjacent to a primary environmental corridor and recommends the protection of these areas, particularly for water quality benefits and improvements along with aquatic fragmentation and habitat restoration recommendations and the Ozaukee County Hazard Mitigation Plan Update: 2020-2025 relating to the acquisition of flood prone, at risk parcels (P. 78, 98, 221, 223); and Page 50 of 167 WHEREAS, the Ozaukee County Strategic Plan 2020-2024 Chapter III Enhance Quality of Life Assets recommends strategies to “Protect and Restore an Additional 150 acres of Park Land”, “Continue to Preserve Environmentally Sensitive Lands and Natural Areas”, “Improve Our Water Quality and “Develop Recreational and Cultural Destinations for Tourism, Residents and Businesses”; and WHEREAS, the entire 0.26 acre parcel is located within regulatory floodway and 100- year floodplain with a BFE (base flood elevation - studied), thereby, significantly limiting development structural changes or potential on the parcel; and WHEREAS, the property currently contains a house and garage (structures in the floodway) that would be removed as part of the grant funding requirements and could possibly be relocated and reused as a Park Caretaker house, particularly for the new campground at Hawthorne Hills County Park; and WHEREAS, the property will be managed as part of the Ozaukee County Park System within the Milwaukee River Oxbow Nature Preserve under the Ozaukee County Park System ordinance whereby, only passive recreational uses will be allowed such as hiking, birding, fishing, cross country skiing, snowshoeing, wildlife viewing, nature study and the development of supporting recreational amenities will consist of property signage, educational signage, hiking/walking trails, and a parking lot to support passive recreational public use; and WHEREAS, inclusion into the Ozaukee County Park System will allow for continued long-term environmental study as well as partnerships with local schools, universities and environmental organizations such as the existing partnership with the Lake Michigan Bird Observatory and Sugar Maple Nature School; and WHEREAS, inclusion of the property into the Ozaukee County Park System will recognize the important natural, ecological, scenic, riparian, and recreational values as relatively natural habitat for plants and animals on the property, to assure that these values will be protected in perpetuity, to protect, enhance and restore fish and wildlife habitat and natural communities on the property, to enhance opportunities for wildlife-based outdoor recreation and to confine the use of the property to activities that are consistent with grant requirements and these goals and objectives in perpetuity; and WHEREAS, the property also offers high potential for public visitation and ongoing public education and outreach activities due to its location near the Milwaukee River Oxbow Nature Preserve, Ozaukee Interurban Trail, Village of Saukville, Showalter Park and Ehlers County Park, the Milwaukee River Water Trail, inclusion within the Milwaukee River Recreation Corridor and ongoing activities of the Ozaukee Fish Passage Program and Department; and NOW, THEREFORE, BE IT RESOLVED, by the Ozaukee County Board of Supervisors that the Ozaukee County Planning and Parks Department attests to the validity and veracity of the statements and representations contained in the grant application, requests a grant agreement to carry out the project, has budgeted a sum sufficient to satisfactorily complete the project, and authorizes the Director of the Planning and Parks Department to act on behalf of Ozaukee County to sign and submit a Wisconsin Department of Natural Resources Municipal Flood Control grant application, accept and sign a grant agreement between Ozaukee County and the Wisconsin Department of Natural Resources, act as the primary contact on the project, submit Page 51 of 167 interim and/or final reports to the Wisconsin Department of Natural Resources to satisfy the grant agreement, submit grant reimbursement requests to the Wisconsin Department of Natural Resources, and sign and submit other required documentation and take necessary actions to initiate, direct, and complete the approved project within the provided funding timeline. BE IT FURTHER RESOLVED, by the Ozaukee County Board of Supervisors, that Ozaukee County (via a willing seller willing buyer arrangement) will accept title to the 0.26 acre parcel located in the Village of Saukville, WI (Parcel ID: 110500501024) for addition to the Ozaukee County Park System Per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes via warranty deed with title policy; and BE IT FURTHER RESOLVED that Ozaukee County will comply with all local, state and/or federal rules, regulations and ordinances for the program/project and the cost-share agreement; will maintain the completed project in an attractive, inviting, and safe manner; will keep the facilities open to the general public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources and/or the National Park Service approval in writing before any change is made in the use of the project site; and will maintain complete and accurate project accounting and records according to the WDNR project agreement for these funds; and BE IT FURTHER RESOLVED, by the Ozaukee County Board of Supervisors that the County Clerk shall forward a copy of this resolution to the Wisconsin Department of Natural Resources. Dated at Port Washington, Wisconsin, this 4 th day of March, 2026. SUMMARY: Submittal and acceptance of a Wisconsin Department of Natural Resources Municipal Flood Control grant for the acquisition of land in the Village of Saukville, WI (Parcel ID: 110500501024) within the Milwaukee River floodway for addition to the Ozaukee County Park System per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes. VOTE: Majority NATURAL RESOURCE COMMITTEE Page 52 of 167 Ozaukee County Board AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2026 DEPARTMENT: Planning and Parks DIRECTOR: Andrew Struck PREPARER: Matt Aho Agenda Summary Resolution: Submittal and Acceptance of a Wisconsin Department of Natural Resources Municipal Flood Control Grant for Acquiring Parcel ID: 110500501024 Along County Highway Trunk W and the Milwaukee River in the Village of Saukville for Addition to the Ozaukee County Park System Per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes for River Oxbow, Floodplain and Wetland Restoration as part of the County Highway Trunk W Road Reconstruction and Restoration Project BACKGROUND INFORMATION: The Ozaukee County Planning and Parks Department (Department) proposes to submit a grant application to the Wisconsin Department of Natural Resources (WDNR) Municipal Flood Control (MFC) grant program. The Department and the Highway Department is engineering and designing a holistic, long term solution to reduce flooding of the active roadway (County Trunk Highway W), improve the safety of County Trunk Highway W and restore fish and wildlife habitat along the Milwaukee River in the Village of Saukville in and adjacent to the Milwaukee River Oxbow Nature Preserve. The primary goal of the reconstruction and restoration project is to alleviate regular flooding of the active roadway and address safety concerns, while improving floodplain connectivity for aquatic organism passage into the riparian floodplains, wetlands and a historic Milwaukee River oxbow. Engineering and design is ongoing for a new roadway that allows for floodplain reconnection and functional fish and wildlife habitat connectivity by allowing substantial floodwater to pass under the new roadway, while improving the road infrastructure by decreasing flooding occurrence. Acquisition of property(ies) adjacent to the County Trunk Highway W right of way and within the project area along the Milwaukee River, particularly in the floodway, (between approximately STH 33 and Schowalter Street) is required for completion of the road reconstruction project plans and for floodplain and wetland habitat restoration. In 2023, Ozaukee County acquired two parcels (parcel ID’s 110500502000 and 110500506003) in the project area (now formally included in the Ozaukee County Park System as part of the Milwaukee River Oxbow Nature Preserve). In addition, the Department is coordinating with the Village of Saukville (Village), the owner of an approximately 3.5 acre parcel (Parcel ID: 110500504000) and a private landowner of an approximately 5 acre parcel (Parcel ID: 110500510013) located adjacent to the Milwaukee River Oxbow Nature Preserve and the County Highway Trunk W Road Reconstruction and Restoration Project for donation of the title of the property to Ozaukee County to be incorporated into the Ozaukee County Park System. Parcel ID: 110500501024 contains approximately 0.26 acres and is currently for sale on the open market. The entirety of this parcel is located within regulatory floodway and 100-year floodplain with a BFE (base flood elevation - studied), thereby, significantly limiting development structural changes or potential on the parcel. The parcel contains a single-family residence with a detached garage in the Page 53 of 167 floodway that would be required to be removed as part of the grant requirements. The house and garage could be relocated from the property to support a Park Caretaker, particularly at the new Hawthorne Hills County Park campground. The project is supported by the following County plans: the adopted A Park and Open Space Plan for Ozaukee County: 2050 (4 th Edition) <https://ozaukeecounty.gov/DocumentCenter/View/25832/Ozaukee-County-POSP-Review- Draft-November_resize_11132024?bidId=> which identifies the parcel as part of the Milwaukee River Recreation Corridor and recommends acquisition (donation) of lands within the project area by Ozaukee County for addition to the Ozaukee County Park System (P. 7, 133, 143, 186, 187, 189, 192, 201, 213, 221-226), identifies the parcel as adjacent to a primary environmental corridor and having high groundwater recharge potential and recommends protection of these areas (P. 26, 33, 68, 70, 173, 178, 186-189, 201), and the project activities are related to recommendations for providing public access to waterways (P. 8, 80, 122, 135, 146, 212-213, 456, 458-459), aquatic fragmentation and habitat restoration improvements (P. 25, 63, 126, 147, 150, 219), and to provide trails and bicycle ways along the Milwaukee River as part of the proposed Milwaukee River Recreation Corridor (P. 81, 209, 242, 261). The project is also supported by the adopted Multi-Jurisdictional Comprehensive Plan for Ozaukee County:2035 <https://www.co.ozaukee.wi.us/DocumentCenter/View/14493/Ozaukee-County-Strategic-Plan- 2020-24> (P. 100, 101, 144, 271, 273, 276), which identifies the parcel as part of or adjacent to a primary environmental corridor and recommends the protection of these areas, particularly for water quality benefits and improvements along with aquatic fragmentation and habitat restoration recommendations, the Ozaukee County Hazard Mitigation Plan Update: 2020-2025 https://www.sewrpc.org/SEWRPCFiles/Publications/CAPR/CAPR- 332OzaukeeCountyHMPU.pdf relating to the acquisition of flood prone, at risk parcels (P. 78, 98, 221, 223) and the Ozaukee County Strategic Plan 2020-2024 <https://www.ozaukeecounty.gov/369/Strategic-Planning> Chapter III Enhance Quality of Life Assets which recommends strategies to “Protect and Restore an Additional 150 acres of Park Land”, “Continue to Preserve Environmentally Sensitive Lands and Natural Areas”, “Improve Our Water Quality and “Develop Recreational and Cultural Destinations for Tourism, Residents and Businesses”. ANALYSIS: Proposals to the WDNR MFC grant program are due March 16, 2026. Total funding requested under this grant is $175,000. The WDNR MFC grant requires a 50% match, which will be provided by pending Wisconsin Emergency Management (WEM) Hazard Mitigation Grant Program grant (HMGP) and Ozaukee County Capital Project Fund grants ($175,000) for a total project cost of $350,000 based on “yellow book” appraisal value. The WDNR MFC grant program’s purpose is to help local governments minimize flooding and flood-related damages by acquiring property, floodproofing structures, creating open-space flood storage areas, constructing flood control structures, and restoring the flood-carrying capacity and natural and beneficial functions of watercourses. As noted above, the parcel is located entirely within the regulatory floodway and 100-year floodplain and is eligible for WDNR MFC funding. The Department and Land and Water Management Department has received multiple previous WDNR MFC grants for acquisition of multiple flood-prone parcels within the River Oaks County Park project area. Upon acquisition, the Department will relocate the single-family residence to Hawthorne Hills County Park as a future Park caretaker residence for the new Hawthorne Hills County Park campground. Page 54 of 167 FISCAL IMPACT: Balance Current Year: None (Additional Program Revenue - $175,000) Next Year’s Estimated Cost: None FUNDING SOURCE: County Levy: X Non-County Levy: X Indicate source: Pending WDNR MCF, WEM HMGP, and Ozaukee County Capital Project Fund grants RECOMMENDED MOTION: Approve and recommend to the Ozaukee County Board of Supervisors the resolution for submittal and acceptance of a grant by the Planning and Parks Department to the Wisconsin Department of Natural Resources Municipal Flood Control grant program for acquiring property located in the Village of Saukville, WI (Parcel ID: 110500501024) for addition to the Ozaukee County Park System per §§ 59.52(6)(A) and 27.065(1)(A) Wisconsin Statutes. Page 55 of 167 Land Acquisition in Milwaukee River Floodway - Floodplain Restoration CTH W Grant Name/Agency: Department: Preparer: Total Project Amount: 50% Approver: Strategy: (Linkages to other planning efforts) Operational Expense $ Operational Match $ Project Scope and Expectations Capital Expense $ $ $165,000 $150,000 $5,000 $25,000 $5,000 Other Grants Supporting Project Amount $175,000 TOTAL $175,000 50% % MATCH 50% Project Partners: Position $ Department $ Project Landowner Upon Completion: TOTAL $0 TOTAL $0 Project Risks: Comments Major Milestones GRANT APPLICATION SUMMARY GRANT EXPENSE GRANT/PROJECT MATCH CFDA/State ID: Matt Aho Andrew Struck Planning & Parks $350,000 Grant Match Required: Exp Acct. Rev Acct. WDNR Municipal Flood Control Project Name: ▪ POSP for Ozaukee County (P. 7-8, 22, 36, 68, 70, 80, 122, 133, 135, 143, 173, 178, 186-189, 192, 201, etc) ▪ Multijurisdictional Comprehensive Plan for Ozaukee County: 2035 (P. 100, 101, 144, 271, 273, 276) ▪ Ozaukee County Hazard Mitigation Plan Update: 2020-2025 (P. 78, 98, 221, 223) ▪ Strategic Plan: Transportation System & Enhance Quality of Life Assets Goals (P. 9, 13) ▪ Acquire 0.26 acres in Milwaukee River Floodway ▪ Land acquisition for right of way, wetland floodplain mitigation and habitat restoration Land Acquisition WEM HMGP/Project Fund Other Grants Status ▪ Reduce flood hazard impacts Appraisal Costs Oz Co Capital Fund Project ▪ Improve and enhance riparian habitat and wetlands Closing / Agent Fees ▪ WEM HMGP/Project Fund Pending $150,000 TOTAL ▪ Oz Co Capital Project Fund Pending $25,000 % PROJECT ▪ Incorporation into Ozaukee County Parks System $0 $0 GRANT SUPPORTED STAFF DEPARTMENT REVENUES ▪ WDNR ▪ MMSD, USFWS ▪ Private Landowners ▪ WEM Final Reporting / Grant Closeout Mar-29 Duration: 2 yrs Extension: NA ▪ Timelines ▪ Relocation of residence into Parks System Grant award (6-12 months from submittal) Mar-27 ▪ Land acquisition appraisal and negotiations ▪ Potential future Caretaker House - HH Park Acquisition / Closing Mar-28 ▪ Ozaukee County Date ▪ Landowner coordination ▪ Serve as match for other grants Proposal due Mar-26 Page 56 of 167 MUNICIPAL FLOOD CONTROL GRANT PROGRAM Recognizing the responsibility to protect life, health, and property from flood damages, the Wisconsin Department of Natural Resources offers this grant assistance package to all cities, villages, towns, tribal governments, and metropolitan sewerage districts concerned with municipal flood control management. This grant program is not intended to be an emergency relief program and instead a way to proactively mitigate the impacts of a changing climate; reduce flood hazard vulnerabilities; and improve the resilience and preparedness of Wisconsin municipalities. 2026 Application Period Funding Information: The most recent biennial budget allocated $2.3 million for MFC grant awards. Additionally, re-allocated grant funds from prior grant cycles not fully used by previous grant projects will be rolled into available funding for this grant cycle. As a result, the total available funding for the next MFC grant cycle is $3 million. Under Wisconsin Statutes, no single applicant may receive more than 20% of the total available funding. For this application cycle, the maximum grant award for one individual applicant is $600,000. Assistance is provided in two ways: Local assistance grants that support municipal flood control administrative activities; and Acquisition and development grants to acquire and remove floodplain structures, elevate floodplain structures, restore riparian areas, acquire land and easements for flood storage, construct flood control structures and fund flood mapping projects. Purpose: To help local governments minimize flooding and flood-related damages by acquiring property, floodproofing structures, creating open-space flood storage areas, constructing flood control structures, and restoring the flood-carrying capacity and natural and beneficial functions of watercourses. Projects eligible under this program will minimize harm to existing beneficial functions of water bodies and wetlands, maintain natural aquatic and riparian environments, use stormwater detention and retention structures and natural storage to the greatest extent possible, and provide opportunities for public access to water bodies and to the floodplain. (Wis. Admin. Code § NR 199.01) Eligible Applicants: Cities, villages, towns, tribal governments, and metropolitan sewerage districts in the State of Wisconsin. (Wis. Admin. Code § NR 199.02(1)) Funding: Municipal Flood Control grants offer up to a 50% cost share of total eligible project costs. Project applicants are required to provide matching funds equal to or greater than the amount of the grant award (i.e. 50% match). Eligible sources of matching funds vary but other state funds are not eligible as a match. All sources of match must be identified in the grant application. Page 57 of 167 Page 58 of 167 ± 0 2 4 61 Miles §¨¦ 43 §¨¦ 43 Preservation Element - Ecological Prioritization GIS Tool Ozaukee County Planning and Parks Dept. December, 2020 Preservation Element 0 1 2 3 4 5 6 7 8 Report is funded in part by the Wisconsin Department of Administration, Wisconsin Coastal Management Program and the National Oceanic and Atmospheric Administration under the terms and conditions of Grant Agreement No. AD189124-019.11, Ozaukee County Ecological Prioritization GIS Tool Refinement and Development Page 59 of 167 ± 0 2 4 61 Miles §¨¦ 43 §¨¦ 43 Preservation Score - Parcels Ozaukee County Planning and Parks Dept. February, 2021 Parcel Score 0-2 (Low) 2-4 (Medium) 4-6 (High) 6-7 (Very High) Report is funded in part by the Wisconsin Department of Administration, Wisconsin Coastal Management Program and the National Oceanic and Atmospheric Administration under the terms and conditions of Grant Agreement No. AD189124-019.11, Ozaukee County Ecological Prioritization GIS Tool Refinement and Development Page 60 of 167 §¨¦ 43 §¨¦ 43 0 1.5 3 4.5 60.75 Miles Value 0 1 2 3 4 5 6 7 8 ± Restoration Element - Refinement Including Preservation Element as Factor Ozaukee County Planning & Parks Dept. December, 2020 Report is funded in part by the Wisconsin Department of Administration, Wisconsin Coastal Management Program and the National Oceanic and Atmospheric Administration under the terms and conditions of Grant Agreement No. AD189124-019.11, Ozaukee County Ecological Prioritization GIS Tool Refinement and Development Page 61 of 167 §¨¦ 43 §¨¦ 43 0 1.5 3 4.5 60.75 Miles Restoration Score 0-2 (Low) 2-4 (Medium) 4-6 (High) 6-7 (Very High) ± Restoration Score - Parcels Ozaukee County Planning & Parks Dept. December, 2020 Report is funded in part by the Wisconsin Department of Administration, Wisconsin Coastal Management Program and the National Oceanic and Atmospheric Administration under the terms and conditions of Grant Agreement No. AD189124-019.11, Ozaukee County Ecological Prioritization GIS Tool Refinement and Development Page 62 of 167 Page 63 of 167 Page 64 of 167 Page 65 of 167 Item: 8.h. Agenda Item Information Sheet To: COUNTY BOARD From: Matt Aho, Program Manager, Kellie Kretlow, County Clerk Meeting Date: March 4, 2026 Department/Office: Planning & Parks Item Name: Resolution 25-62: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for Construction of an East-West Multi-Use Bicycle Pedestrian Trail Extension of the Ozaukee Interurban Trail Along Highway 60. Summary: The Natural Resource Committee approved this resolution at the February 5th meeting for County Board final approval. Resolution: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for Construction of an East-West Multi-Use Bicycle Pedestrian Trail Extension of the Ozaukee Interurban Trail Along Highway 60. Recommended Action: Approve the resolution for submittal and acceptance of a grant application by the Planning and Parks Department to the Wisconsin Department Natural Resources – Recreational Trails grant program for construction of an east-west multi-use bicycle pedestrian trail extension of the Ozaukee Interurban Trail along State Highway 60. Attachments: 1. Res 25-62 AS2026_NRC02052026_WDNR RTP Grant Application_EW HWY 60 Extension 2. AS2026_NRC02052026_WDNR_RTP program_Hwy60TrailExtension_Final 3. AS2026_NRC02052026_WDNR_Recreational Trails Program_Hwy60TrailExtension_Grant Application Summary_Final 4. P&P_Dept_Recreational Trails Program Information 5. P&P_Dept_VGrafton5CornersOITConnection_Map Page 66 of 167 RESOLUTION NO. 25-62 SUBMITTAL AND ACCEPTANCE OF A WISCONSIN DEPARTMENT OF NATURAL RESOURCES – RECREATIONAL TRAILS PROGRAM GRANT FOR AN EAST WEST MULTI-USE BICYCLE PEDESTRIAN TRAIL EXTENSION OF THE OZAUKEE INTERURBAN TRAIL ALONG STATE HIGHWAY 60 WHEREAS, The Ozaukee County Board, acting on the recommendation of the Ozaukee County Park Commission, adopted Resolutions 97-46 and 98-13 on December 3rd, 1997 and June 3rd, 1998 respectively; and WHEREAS, these resolutions authorized the Ozaukee County Park Commission to submit any grant applications necessary to the State of Wisconsin Department of Transportation, the Wisconsin Department of Natural Resources and other appropriate agencies to obtain any grant money or any other financial aid which may be available to design and develop the Ozaukee Interurban Trail; and WHEREAS, the grant funding was received and instrumental in the construction of the Ozaukee Interurban Trail, which was initially completed and officially opened on September 28, 2002 promoting the public use of the Trail for transportation, recreation, health, education, economic development and enjoyment of Ozaukee County's cultural, historical and natural resources; and WHEREAS, pursuant to Sections 59.69 and 66.1001(4)(b) of the Wisconsin Statutes, the Ozaukee County Board of Supervisors adopted the County Comprehensive Plan embodied in SEWRPC Community Assistance Planning Report No. 285, A Multi-Jurisdictional Comprehensive Plan for Ozaukee County: 2035 on April 2, 2008 and subsequent Amendments 2009-01 on May 6, 2009; 2013-01 on May 1, 2013; and 2013-02 on December 4, 2013; and 2025-01 on December 3, 2025 incorporating local government amendments, the Park and Open Space Plan for Ozaukee County and the Farmland Preservation Plan for Ozaukee County respectively; and WHEREAS, the Ozaukee County Board of Supervisors adopted the Park and Open Space Plan for Ozaukee County: 2035 on June 1, 2011 (Resolution 11-14) and A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) on December 4, 2024 (Resolution 24-42); and WHEREAS, the Multi-jurisdictional Comprehensive Plan for Ozaukee County: 2035 recommends enhancing the system of trails within Ozaukee County, and continuing the development, enhancement, and management of the Ozaukee Interurban Trail (p. 286); and WHEREAS, A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) recommends additional trail facilities in connection with the Ozaukee Interurban Trail including along State Highway 60 (p. 7, 82, 210, 218, 242, 261) as found in the 2035 Regional Transportation Plan prepared by the Southeastern Wisconsin Regional Planning Commission; and WHEREAS, the Ozaukee Interurban Trail Advisory Council has been instrumental in Page 67 of 167 funding and constructing several significant and major safety improvements to the Ozaukee Interurban Trail since its initial opening in 2002; and WHEREAS, Ozaukee Interurban Trail is also a key element in Ozaukee County's overall transportation plan; and WHEREAS, under secured Wisconsin Department of Transportation - Transportation Alternatives Program grant funding, the Ozaukee County Planning and Parks Department is designing a new east-west corridor to the Ozaukee Interurban Trail along State Highway 60 to enhance public safety, increase connectivity between the Village of Grafton and the Town of Cedarburg, promote congestion mitigation and improve air quality through enhanced trail commuting, and enhance the recreational enjoyment of this County-wide asset; and WHEREAS, this project would create approximately 9,400 feet of off-road, multi-use trail within the right-of-way of State Highway 60 connecting 1 st Avenue in the Village of Grafton to Washington Avenue in the Town of Cedarburg; and WHEREAS, this project will utilize an existing 1,600 ft off-road trail segment from 1 st Avenue to Aurora Health in the Village of Grafton and connect to an existing 5,000 ft off-road trail segment from Washington Ave to Horns Corners along State Highway 60 increasing overall east-west connectivity for bicycle/pedestrian use in Ozaukee County; and WHEREAS, WDNR Recreation Trails Program grant funding is requested for construction of the east-west trail extension project; and WHEREAS, this project would capitalize upon an existing reconstruction project by the WisDOT for this portion of State Highway 60 to be constructed in 2027-28; and WHEREAS, financial aid is required to carry out the project; and WHEREAS, the Wisconsin Department of Natural Resources – Recreational Trails Program grant will fund 80% of total project costs (capped at $100,000) and the required 20% local match will be provided by secured Wisconsin Department of Transportation – Transportation Alternatives Program and Ozaukee County Capital Fund grants; and WHEREAS, this project has been recommended as a priority for implementation by the Ozaukee Interurban Trail Advisory Council. NOW, THEREFORE, BE IT RESOLVED, by the Ozaukee County Board of Supervisors that the Ozaukee County Planning and Parks Department has budgeted a sum sufficient to satisfactorily complete the grant project and the Planning and Parks Director is authorized to act on behalf of Ozaukee County to sign and submit a State of Wisconsin Department of Natural Resources – Recreational Trails Program grant; sign the grant agreement between Ozaukee County and the State of Wisconsin Department of Natural Resources, submit quarterly and/or final reports to the State of Wisconsin Department of Natural Resources to satisfy the grant agreement, submit grant reimbursement requests, maintain complete and accurate project accounting according to the State of Wisconsin Department of Natural Resources project agreement for these funds, and take necessary action Page 68 of 167 to undertake, direct and complete the approved project to design, engineer, and construct the proposed trail improvement; and BE IT FURTHER RESOLVED, that Ozaukee County will comply with state or federal rules for the programs; may perform force account work; will maintain the completed project in an attractive, inviting, and safe manner; will keep the facilities open to the general public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources and National Park Service approval in writing before any change is made in the use of the project site. Dated at Port Washington, Wisconsin, this 4th day of March, 2026. SUMMARY: Approve and recommend to the Ozaukee County Board of Supervisors the resolution for submittal and acceptance of a grant application by the Planning and Parks Department to the Wisconsin Department of Natural Resources Recreational Trails Program for construction of an east west multi-use bicycle pedestrian trail extension of the Ozaukee Interurban Trail along State Highway 60. VOTE REQUIRED: Majority NATURAL RESOURCES COMMITTEE Page 69 of 167 Natural Resources Committee AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2025 DEPARTMENT: Planning and Parks DIRECTOR: Andrew Struck PREPARER: Andrew Struck Agenda Summary Resolution: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for Construction of an East-West Multi-Use Bicycle Pedestrian Trail Extension of the Ozaukee Interurban Trail Along Highway 60. BACKGROUND INFORMATION: The Ozaukee County Planning and Parks Department (Department) proposes to submit a grant application to the Wisconsin Department of Natural Resources (WDNR) Recreation Trails Program (RTP) program for construction of a new multi- use off-road trail in the right-of-way along State Highway 60 between 1st Avenue in the Village of Grafton and Washington Avenue in the Town of Cedarburg. A new off-road multi-use trail will address existing connectivity gaps between the Village of Grafton and the Town of Cedarburg, complement the existing future State Highway 60 WisDOT reconstruction project between 1 st Avenue in the Village of Grafton and the Five Corners development/neighborhood in the Town of Cedarburg, connect to the existing 30-mile Ozaukee Interurban Trail (OIT), and facilitate coordination between the Village of Grafton, Town of Grafton, City of Cedarburg and the Town of Cedarburg on existing and planned biking and pedestrian amenities. This proposal will support phase I of the proposed construction. Phase II, to be addressed in a future application, would complete a full east west connection of the OIT to Washington County along State Highway 60. WDNR RTP grant and matching funding would support partner and municipal coordination, construction, and restoration activities. Specifically, this project would create approximately 9,400 feet of off-road, multi-use trail within the right-of-way of State Highway 60 connecting 1st Avenue in the Village of Grafton to Washington Avenue in the Town of Cedarburg utilizing an existing 1,600 ft off-road trail segment from 1st Avenue to Aurora Health in the Village of Grafton and connecting to an existing 5,000 ft off-road trail segment from Washington Avenue to Horns Corners in the Town of Cedarburg and a 4,000 ft on-road bike lane from 1st Avenue to the Milwaukee River in the Village of Grafton along State Highway 60 increasing overall east-west connectivity for bicycle/pedestrian use in Ozaukee County. Secured Wisconsin Department of Transportation (WisDOT) Transportation Alternatives Program (TAP) and Ozaukee County Capital Fund grants are supporting design and engineering and construction. This WDNR RTP grant will assist with implementation of project plans and provide critical match. This project is supported by the following plans: 2020 – 2024 County Strategic Plan <https://www.co.ozaukee.wi.us/DocumentCenter/View/14493/Ozaukee-County-Strategic-Plan- 2020-24> (P. 12) to develop recreational and cultural destinations for tourism, residents, and businesses, A Park and Open Space Plan for Ozaukee County: 2050 (4 th Edition) <https://ozaukeecounty.gov/DocumentCenter/View/25832/Ozaukee-County-POSP-Review- Draft-November_resize_11132024?bidId=> (P. 7, 82, 210, 218, 242, 261) recommending additional trail facilities in connection with the Ozaukee Interurban Trail including along State Highway 60 and relating to the 2035 Regional Transportation Plan showing State Highway 60 as Page 70 of 167 a highway where bicycle accommodations should be considered when facilities are resurfaced or reconstructed, the Comprehensive Plan for Ozaukee County: 2035 <http://www.sewrpc.org/SEWRPCFiles/Publications/CAPR/capr-285-comp-plan-for-ozaukee- co.pdf> (P. 286) to preserve and enhance the system of parks, trails, and open space within Ozaukee County, and to continue the development, enhancement, and management of the Ozaukee Interurban Trail, and the Southeastern Wisconsin Regional Planning Commission’s Vision 2050 Volume III, Second Edition, Updated June 2020, Recommended Regional Land Use and Transportation Plan <https://www.sewrpc.org/SEWRPCFiles/LUTranSysPlanning/pr-55-vol-3- 2nd-Ed-ch-1-final.pdf> (P. 48) showing planned bicycle facilities in Ozaukee County including arterial street or highway with bicycle accommodation (if feasible) along State Highway 60. The project is also supported by the Rails-to-Trails Route of the Badger regional coalition. ANALYSIS: Proposals to the WDNR RTP grant program are due in early March 2026. The grant request is $100,000 and the required 20% match ($20,000) will be provided by secured WisDOT TAP ($300,000) and Ozaukee County Capital Fund ($110,000) grants for a total project cost of $510,000. FISCAL IMPACT: Balance Current Year: NONE (Additional Program Revenue $100,000) Next Year’s Estimated Cost: NONE FUNDING SOURCE: County Levy: X Non-County Levy: X Indicate source: Pending WDNR RTP grant and secured WisDOT TAP and Ozaukee County Capital Fund grants. RECOMMENDED MOTION: Approve and recommend to the Ozaukee County Board of Supervisors the resolution for submittal and acceptance of a grant application by the Planning and Parks Department to the Wisconsin Department Natural Resources – Recreational Trails grant program for construction of an east-west multi-use bicycle pedestrian trail extension of the Ozaukee Interurban Trail along State Highway 60. Page 71 of 167 Construction of an East-West Multi-Use Bicycle Pedestrian Trail Extension of the Ozaukee Interurban Trail Along State Highway 60 Grant Name/Agency: Department: Preparer: Total Project Amount: 20% Approver: Strategy: (Linkages to other planning efforts) Operational Expense $ Operational Match $ Project Scope and Expectations Capital Expense $ $ Contractual (Contractor) $100,000 $300,000 $110,000 Other Grants Supporting Project Amount $100,000 TOTAL $410,000 20% % MATCH 80% Project Partners: Position $ Department $ Project Landowner Upon Completion: TOTAL $0 TOTAL $0 Project Risks: Comments Major Milestones NA ▪ Public bidding/contractor availability ▪ Overall estimated costs ~$510,000 Funding Awarded Jul-26 ▪ Timelines Construction and Restoration Dec-28 ▪ PLE and TLE's may be required Duration: 2 years Extension: ▪ Municipal & private donor contributions ▪ Ozaukee County Date ▪ Project dependent on competitive grant funding ▪ Overall estimated costs w/out final Eng. and Design Application Due Mar-26 ▪ Private Landowners ▪ SEWRPC ▪ WisDOT ▪ Municipalities GRANT SUPPORTED STAFF DEPARTMENT REVENUES ▪ Ozaukee County Capital Fund Secured $110,000 % PROJECT WisDOT TAP grant ▪ WisDOT TAP grant Secured $300,000 TOTAL Status Ozaukee County Capital Fund ▪ POSP for Ozaukee County (P. 7, 82, 210, 218, 242, 261) ▪ Comprehensive Plan for Ozaukee County (P. 286) Other Grants ▪ Strategic Plan: Enhance Quality of Life Assets Goals, develop recreational and cultural destinations (P. 12) ▪ SEWRPC's Vision 2050 VIII, Second Edition Recommended Reg. Land Use and Transportation Plan (P. 48) ▪ 9,400 ft of off-road trail construction including boardwalk over wetland GRANT APPLICATION SUMMARY GRANT EXPENSE GRANT/PROJECT MATCH CFDA/State ID: Matt Aho Andrew Struck Planning & Parks $510,000 Grant Match Required: Exp Acct. Rev Acct. WDNR Recreational Trails Program Project Name: Page 72 of 167 RECREATIONAL TRAILS PROGRAM Public Law 114-94, ch. NR 50.21, Wis. Adm. Code The Recreational Trails Program (RTP) provides funds through the transfer of federal gas excise taxes paid on fuel used on off-highway vehicles. These funds are used to develop and maintain recreational trails and trail-related facilities for both motorized and non-motorized recreational trail uses. This federal program was initially authorized in 1991, re-authorized in 1998 under the Transportation Equity Act for the 21st Century (TEA - 21), and re-authorized in 2005 as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, or (SAFETEA-LU). In 2012 the Transportation Alternatives Program (TAP) made RTP funding a set aside referred to as the Moving Ahead for Progress in the 21st Century Act for 2013 and 2014. In 2015 the Fixing America's Surface Transportation (FAST) Act replaced the TAP with a set aside of funds under the Surface Transportation Block Grant Program (STBG), referred to as the TA Set-Aside. Recreational Trails Program funds may only be used on trails identified in or that further a specific goal of a local, county or state trail plan included or referenced in a statewide comprehensive outdoor recreation plan required by the Federal LWCF Program. Thirty percent of the funds must be used on motorized trail uses, 30% on non-motorized trail uses, and 40% on diversified (multiple) trail uses. See trail use funding category definitions below. The grant cap is ordinarily $100,000 per grant per fiscal year, but every third year, the grant cap will be increased to $250,000. For 2022, the maximum grant cap will be $100,000. The cost share is up to 80%. ELIGIBLE APPLICANTS Towns, villages, cities, counties, tribal governing bodies, school districts, state agencies, federal agencies or incorporated organizations are eligible to apply for funds. Incorporated organizations are those that are incorporated under s. 181.32, Wis. Stats., whose primary purpose is promoting, encouraging or engaging in outdoor recreation trails activities. ELIGIBLE PROJECTS AND FUNDING PRIORITIES Eligible projects in order of priority are: 1. Maintenance and restoration of existing trails 2. Development and rehabilitation of trailside and trailhead facilities and trail linkages 3. Construction of new trails (with certain restrictions on federal lands*) 4. Acquisition of property for trails Page 73 of 167 *Construction of new trails crossing federal lands only where permissible under other laws, necessary and required by a statewide comprehensive outdoor recreation plan, approved by the DNR and the administering federal agency and consistent with applicable federal land management plans and policies. TRAIL USE FUNDING CATEGORY DEFINITIONS NON-MOTORIZED (30%) 1. Non-motorized project for a single use - projects that benefit only one mode of non-motorized recreational trail use, such as pedestrian-only or equestrian- only; projects serving various pedestrian uses (e.g., walking, hiking, wheelchair use, running, nature interpretation, etc.) constitute a single use; human- powered snow uses (e.g., skiing, snowshoeing, etc.) constitute a single-use. 2. Non-motorized diverse use - projects that benefit more than one mode of non-motorized recreational trail use (e.g., walking, biking, skating or pedestrian use) in summer and skiing in the winter. MOTORIZED (30%) 1. Motorized project for a single use - projects that benefit only one mode of motorized recreational use (e.g., snowmobile trail grooming). The project may also benefit some non-motorized uses, but the primary intent must be for the benefit of motorized use. 2. Motorized diverse use - projects that benefit more than one mode of motorized recreational trail use such as motorcycle and ATV, ATV use in the summer and snowmobile use in the winter; projects that also benefit some non-motorized uses as long as the primary intent is for the benefit of motorized use. DIVERSIFIED (40%) 1. Non-motorized diverse use (see above under "Non-motorized"). 2. Motorized diverse use (see above under "Motorized"). 3. Diverse use including both motorized and non-motorized uses - projects where the primary intent is for the benefit of both non-motorized and motorized (e.g., the primary beneficiary is not motorized); also includes when the non-motorized and motorized uses are separated by season (e.g., equestrian use in the summer and snowmobile use in the winter). Other examples include a common trailhead project serving separate ATV and bicycle trails. Page 74 of 167 1ST 1ST WASHINGTON 60 Town of Cedarburg Village of Grafton City of Cedarburg Town of Grafton Legend River and Creek Ozaukee Interurban Trail Existing On-Road Trail Existing Off-Road Trail 1st Ave Washington Ave State Highway 60 Grafton High School Road Centerline City Town Village 0 0.75 1.50.375 Miles Proposed Trail Construction - State Highway 60 From 1st Ave to Washington Ave ± Ozaukee County Planning and Parks Dept. February, 2023 Milwaukee River Cedar Creek Page 75 of 167 Item: 8.i. Agenda Item Information Sheet To: COUNTY BOARD From: Matt Aho, Program Manager, Kellie Kretlow, County Clerk Meeting Date: March 4, 2026 Department/Office: Planning & Parks Item Name: Resolution 25-63: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for a Multi-Use Bicycle / Pedestrian Bridge Over Cedar Creek as part of the East-West Extension of the Ozaukee Interurban Trail Along State Highway 60 Summary: The Natural Resource Committee approved this resolution at the February 5th meeting for County Board final approval. Resolution: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for a Multi-Use Bicycle / Pedestrian Bridge Over Cedar Creek as part of the East-West Extension of the Ozaukee Interurban Trail Along State Highway 60 Recommended Action: Approve the resolution for submittal and acceptance of a grant application by the Planning and Parks Department to the Wisconsin Department of Resources Recreational Trails Program for construction of a multi-use bicycle pedestrian bridge over Cedar Creek adjacent to State Highway 60 in conjunction with the east-west OIT improvement project and a WisDOT road project for resurfacing STH 60. Attachments: 1. Res 25-63 AS2026_NRC02052026_WDNR RTP Grant Application_OIT Cedar Creek Bridge 2. AS2026_NRC020526_WDNRRTP Grant Application_OIT Cedar Creek Bridge_Support Document_Final 3. AS2026_NRC02052026_WDNR_Recreational Trails Program_Cedar Creek OIT Bridge_Grant Application Summary_Final 4. P&P_Dept_Recreational Trails Program Information 5. P&P_Dept_Cedar Creek Bridge Map Page 76 of 167 RESOLUTION NO. 25-63 SUBMITTAL AND ACCEPTANCE OF A WISCONSIN DEPARTMENT OF NATURAL RESOURCES – RECREATIONAL TRAILS PROGRAM GRANT FOR A MULTI-USE BICYCLE PEDESTRIAN BRIDGE OVER CEDAR CREEK AS PART OF THE EAST WEST EXTENSION OF THE OZAUKEE INTERURBAN TRAIL ALONG STATE HIGHWAY 60 WHEREAS, The Ozaukee County Board, acting on the recommendation of the Ozaukee County Park Commission, adopted Resolutions 97-46 and 98-13 on December 3rd, 1997 and June 3rd, 1998 respectively; and WHEREAS, these resolutions authorized the Ozaukee County Park Commission to submit any grant applications necessary to the State of Wisconsin Department of Transportation, the Wisconsin Department of Natural Resources and other appropriate agencies to obtain any grant money or any other financial aid which may be available to design and develop the Ozaukee Interurban Trail; and WHEREAS, the grant funding was received and instrumental in the construction of the Ozaukee Interurban Trail, which was initially completed and officially opened on September 28, 2002 promoting the public use of the Trail for transportation, recreation, health, education, economic development and enjoyment of Ozaukee County's cultural, historical and natural resources; and WHEREAS, pursuant to Sections 59.69 and 66.1001(4)(b) of the Wisconsin Statutes, the Ozaukee County Board of Supervisors adopted the County Comprehensive Plan embodied in SEWRPC Community Assistance Planning Report No. 285, A Multi-Jurisdictional Comprehensive Plan for Ozaukee County: 2035 on April 2, 2008 and subsequent Amendments 2009-01 on May 6, 2009; 2013-01 on May 1, 2013; and 2013-02 on December 4, 2013 and 2025-01 on December 3, 2025 incorporating local government amendments, the Park and Open Space Plan for Ozaukee County and the Farmland Preservation Plan for Ozaukee County respectively; and WHEREAS, the Ozaukee County Board of Supervisors adopted the Park and Open Space Plan for Ozaukee County: 2035 on June 1, 2011 (Resolution 11-14) and A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) on December 4, 2024 (Resolution 24-42); and WHEREAS, the Multi-jurisdictional Comprehensive Plan for Ozaukee County: 2035 recommends enhancing the system of trails within Ozaukee County, and continuing the development, enhancement, and management of the Ozaukee Interurban Trail (p. 286); and WHEREAS, A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) recommends additional trail facilities in connection with the Ozaukee Interurban Trail including along State Highway 60 (p. 7, 82, 210, 218, 242, 261) as found in the 2035 Regional Transportation Plan prepared by the Southeastern Wisconsin Regional Commission; and WHEREAS, the Ozaukee Interurban Trail Advisory Council has been instrumental in Page 77 of 167 funding and constructing several significant and major safety improvements to the Ozaukee Interurban Trail since its initial opening in 2002; and WHEREAS, Ozaukee Interurban Trail is also a key element in Ozaukee County's overall transportation plan; and WHEREAS, under secured Wisconsin Department of Transportation - Transportation Alternatives Program grant funding, the Ozaukee County Planning and Parks Department is designing a new east-west corridor to the Ozaukee Interurban Trail along State Highway 60 to enhance public safety, increase connectivity between the Village of Grafton and the Town of Cedarburg, promote congestion mitigation and improve air quality through enhanced trail commuting, and enhance the recreational enjoyment of this County-wide asset; and WHEREAS, this project would create approximately 9,400 feet of off-road, multi-use trail within the right-of-way of State Highway 60 connecting 1 st Avenue in the Village of Grafton to Washington Avenue in the Town of Cedarburg; and WHEREAS, this project will utilize an existing 1,600 ft off-road trail segment from 1 st Avenue to Aurora Health in the Village of Grafton and connect to an existing 5,000 ft off-road trail segment from Washington Ave to Horns Corners along State Highway 60 increasing overall east-west connectivity for bicycle/pedestrian use in Ozaukee County; and WHEREAS, WDNR Recreation Trails Program grant funding is requested to design, engineer and construct a multi-use pedestrian bridge over Cedar Creek adjacent to the current State Highway 60 vehicular bridge as part of the east-west trail extension project; and WHEREAS, this project would capitalize upon an existing reconstruction project by the WisDOT for this portion of State Highway 60 to be constructed in 2027-28; and WHEREAS, financial aid is required to carry out the project; and WHEREAS, the Wisconsin Department of Natural Resources – Recreational Trails Program grant will fund up to 80% of total project costs (capped at $100,000) and the required 20% local match will be provided by pending Wisconsin Department of Transportation - Transportation Alternatives Program and Wisconsin Department of Natural Resources Stewardship grants; and WHEREAS, this project has been recommended as a priority for implementation by the Ozaukee Interurban Trail Advisory Council. NOW, THEREFORE, BE IT RESOLVED, by the Ozaukee County Board of Supervisors that the Ozaukee County Planning and Parks Department has budget a sum sufficient to satisfactorily complete the project and the Planning and Parks Director is authorized to act on behalf of Ozaukee County to sign and submit a State of Wisconsin Department of Natural Resources – Recreational Trails Program grant; sign the grant agreement between Ozaukee County and the State of Wisconsin Department of Natural Resources, submit quarterly and/or final reports to the State of Wisconsin Department of Natural Resources to satisfy the grant agreement, submit grant reimbursement requests, Page 78 of 167 maintain complete and accurate project accounting according to the State of Wisconsin Department of Natural Resources project agreement for these funds, and take necessary action to undertake, direct and complete the approved project to design, engineer, and construct the proposed trail improvement; and BE IT FURTHER RESOLVED, that Ozaukee County will comply with state or federal rules for the programs; may perform force account work; will maintain the completed project in an attractive, inviting, and safe manner; will keep the facilities open to the general public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources and/or the National Park Service approval in writing before any change is made in the use of the project site. Dated at Port Washington, Wisconsin, this 4th day of March, 2026. SUMMARY: Approve and recommend to the Ozaukee County Board of Supervisors the resolution for submittal and acceptance of a grant application by the Planning and Parks Department to the Wisconsin Department of Natural Resources) Recreational Trails Program for construction of a multi-use bicycle pedestrian bridge over Cedar Creek as part of the east west extension of the Ozaukee Interurban Trail along State Highway 60. VOTE REQUIRED: Majority NATURAL RESOURCES COMMITTEE Page 79 of 167 Natural Resources Committee AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2025 DEPARTMENT: Planning and Parks DIRECTOR: Andrew Struck PREPARER: Andrew Struck Agenda Summary Resolution: Submittal and Acceptance of a Wisconsin Department of Natural Resources Recreational Trails Program Grant for a Multi-Use Bicycle / Pedestrian Bridge Over Cedar Creek as part of the East-West Extension of the Ozaukee Interurban Trail Along State Highway 60 BACKGROUND INFORMATION: The Ozaukee County Planning and Parks Department (Department) proposes to submit a grant application to the Wisconsin Department of Natural Resources (WDNR) Recreational Trails Program (RTP). Specifically, this grant will support construction of a multi-use bicycle and pedestrian bridge over Cedar Creek adjacent to the current State Highway 60 vehicular bridge as part of the east-west trail extension project. The Department and its consultant are currently designing a new multi-use off-road trail in the right- of-way along State Highway 60 between 1 st Avenue in the Village of Grafton and Washington Ave in the Town of Cedarburg under secured WDOT TAP funding. A new off-road multi-use trail will address existing connectivity gaps between the Village of Grafton and the Town of Cedarburg, complement the existing future (2027-28) State Highway 60 WisDOT reconstruction project between 1 st Avenue in the Village of Grafton and the Five Corners intersection in the Town of Cedarburg, connect to the existing 30-mile Ozaukee Interurban Trail (OIT), address several safety concerns particularly at the Cedar Creek crossing, and facilitate coordination between the Village of Grafton, Town of Grafton, City of Cedarburg and the Town of Cedarburg on existing and planned bike and pedestrian amenities. A new multi-use bicycle pedestrian bridge over Cedar Creek adjacent to the existing vehicular bridge on State Highway 60 is recommended as part of the new off-road multi-use trail for improved user safety at this location. The current multi-use trail plans utilize the existing bridge crossing; however, the plans will be updated to include new proposed bridge. WDNR RTP and matching funding would support construction and restoration activities completed by a private contractor. The bridge would be constructed by a contractor selected through public bidding in conjunction with the multi-use trail project and the WisDOT State Highway 60 reconstruction project currently planned for 2027-28. This project is supported by the following plans: the Ozaukee County Strategic Plan 2020-2024 https://www.ozaukeecounty.gov/DocumentCenter/View/14493/Ozaukee-County-Strategic-Plan- 2020-24pdf (P. 12) to develop recreational and cultural destinations for tourism, residents, and businesses, the A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition) <https://ozaukeecounty.gov/DocumentCenter/View/25832/Ozaukee-County-POSP-Review- Draft-November_resize_11132024?bidId=> (P. 7, 82, 210, 218, 242, 261) recommending additional trail facilities in connection with the Ozaukee Interurban Trail including along State Highway 60 and relating to the 2035 Regional Transportation Plan showing State Highway 60 as Page 80 of 167 a highway where bicycle accommodations should be considered when facilities are resurfaced or reconstructed, the Multi-Jurisdictional Comprehensive Plan for Ozaukee County: 2035 <http://www.sewrpc.org/SEWRPCFiles/Publications/CAPR/capr-285-comp-plan-for-ozaukee- co.pdf> (P. 286) to preserve and enhance the system of parks, trails, and open space within Ozaukee County, and to continue the development, enhancement, and management of the Ozaukee Interurban Trail, and the Southeastern Wisconsin Regional Planning Commission’s Vision 2050 Volume III, Second Edition, Updated June 2020, Recommended Regional Land Use and Transportation Plan https://www.sewrpc.org/SEWRPCFiles/LUTranSysPlanning/pr-55-vol- 3-2nd-Ed-ch-1-final.pdf (P. 48) showing planned bicycle facilities in Ozaukee County including arterial street or highway with bicycle accommodation (if feasible) along State Highway 60. The project is also supported by the Rails-to-Trails Route of the Badger regional coalition. ANALYSIS: Proposals to the WDNR RTP grant program are due in early March 2026. The WDNR RTP grant request is $100,000 and the required 20% match ($20,000) will be provided by pending WDNR STU ($150,000) and WisDOT TAP ($1,000,000) grants for a total project cost of $1,250,000. FISCAL IMPACT: Balance Current Year: None (Additional Program Revenue $100,000) Next Year’s Estimated Cost: None FUNDING SOURCE: County Levy: Non-County Levy: X Indicate source: Pending WDNR RTP, WDNR STU, and WisDOT TAP grants RECOMMENDED MOTION: Approve and recommend to the Ozaukee County Board of Supervisors the resolution for submittal and acceptance of a grant application by the Planning and Parks Department to the Wisconsin Department of Resources Recreational Trails Program for construction of a multi-use bicycle pedestrian bridge over Cedar Creek adjacent to State Highway 60 in conjunction with the east-west OIT improvement project and a WisDOT road project for resurfacing STH 60. Page 81 of 167 Multi-Use Bicycle Pedestrian Bridge Over Cedar Creek as part of the East-West Extension of the Ozaukee Interurban Trail Along State Highway 60 Grant Name/Agency: Department: Preparer: Total Project Amount: 20% Approver: Strategy: (Linkages to other planning efforts) Operational Expense $ Operational Match $ Project Scope and Expectations Capital Expense $ $ Contractual (Contractor) $100,000 $150,000 $1,000,000 Other Grants Supporting Project Amount $100,000 TOTAL $1,150,000 8% % MATCH 92% Project Partners: Position $ Department $ Project Landowner Upon Completion: TOTAL $0 TOTAL $0 Project Risks: Comments Major Milestones GRANT APPLICATION SUMMARY GRANT EXPENSE GRANT/PROJECT MATCH CFDA/State ID: Matt Aho Andrew Struck Planning & Parks $1,250,000 Grant Match Required: Exp Acct. Rev Acct. WDNR Recreational Trails Program Project Name: ▪ POSP for Ozaukee County (P. 7, 82, 210, 218, 242, 261) ▪ Multijurisdictional Comprehensive Plan for Ozaukee County (P. 286) Other Grants ▪ Strategic Plan: Enhance Quality of Life Assets Goals, develop recreational and cultural destinations (P. 12) ▪ SEWRPC's Vision 2050 VIII, Second Edition Recommended Reg. Land Use and Transportation Plan (P. 48) ▪ Construction of multi-use bicyle pedestrian bridge over Cedar Creek WDNR Stewardship ▪ WDNR Stewardship Pending $150,000 TOTAL Status WisDOT TAP ▪ WisDOT TAP Pending $1,000,000 % PROJECT GRANT SUPPORTED STAFF DEPARTMENT REVENUES ▪ Municipalities ▪ Private Landowners ▪ SEWRPC ▪ WisDOT ▪ Ozaukee County Date ▪ Project dependent on competitive grant funding ▪ Overall estimated costs w/out final Eng. and Design Application Due Mar-26 NA ▪ Public bidding/contractor availability ▪ Overall estimated costs ~$1,250,000 Funding Awarded Jul-26 ▪ Timelines Construction and Restoration Dec-28 ▪ PLE and TLE's may be required Duration: 2 years Extension: ▪ Municipal & private donor contributions Page 82 of 167 RECREATIONAL TRAILS PROGRAM Public Law 114-94, ch. NR 50.21, Wis. Adm. Code The Recreational Trails Program (RTP) provides funds through the transfer of federal gas excise taxes paid on fuel used on off-highway vehicles. These funds are used to develop and maintain recreational trails and trail-related facilities for both motorized and non-motorized recreational trail uses. This federal program was initially authorized in 1991, re-authorized in 1998 under the Transportation Equity Act for the 21st Century (TEA - 21), and re-authorized in 2005 as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, or (SAFETEA-LU). In 2012 the Transportation Alternatives Program (TAP) made RTP funding a set aside referred to as the Moving Ahead for Progress in the 21st Century Act for 2013 and 2014. In 2015 the Fixing America's Surface Transportation (FAST) Act replaced the TAP with a set aside of funds under the Surface Transportation Block Grant Program (STBG), referred to as the TA Set-Aside. Recreational Trails Program funds may only be used on trails identified in or that further a specific goal of a local, county or state trail plan included or referenced in a statewide comprehensive outdoor recreation plan required by the Federal LWCF Program. Thirty percent of the funds must be used on motorized trail uses, 30% on non-motorized trail uses, and 40% on diversified (multiple) trail uses. See trail use funding category definitions below. The grant cap is ordinarily $100,000 per grant per fiscal year, but every third year, the grant cap will be increased to $250,000. For 2022, the maximum grant cap will be $100,000. The cost share is up to 80%. ELIGIBLE APPLICANTS Towns, villages, cities, counties, tribal governing bodies, school districts, state agencies, federal agencies or incorporated organizations are eligible to apply for funds. Incorporated organizations are those that are incorporated under s. 181.32, Wis. Stats., whose primary purpose is promoting, encouraging or engaging in outdoor recreation trails activities. ELIGIBLE PROJECTS AND FUNDING PRIORITIES Eligible projects in order of priority are: 1. Maintenance and restoration of existing trails 2. Development and rehabilitation of trailside and trailhead facilities and trail linkages 3. Construction of new trails (with certain restrictions on federal lands*) 4. Acquisition of property for trails Page 83 of 167 *Construction of new trails crossing federal lands only where permissible under other laws, necessary and required by a statewide comprehensive outdoor recreation plan, approved by the DNR and the administering federal agency and consistent with applicable federal land management plans and policies. TRAIL USE FUNDING CATEGORY DEFINITIONS NON-MOTORIZED (30%) 1. Non-motorized project for a single use - projects that benefit only one mode of non-motorized recreational trail use, such as pedestrian-only or equestrian- only; projects serving various pedestrian uses (e.g., walking, hiking, wheelchair use, running, nature interpretation, etc.) constitute a single use; human- powered snow uses (e.g., skiing, snowshoeing, etc.) constitute a single-use. 2. Non-motorized diverse use - projects that benefit more than one mode of non-motorized recreational trail use (e.g., walking, biking, skating or pedestrian use) in summer and skiing in the winter. MOTORIZED (30%) 1. Motorized project for a single use - projects that benefit only one mode of motorized recreational use (e.g., snowmobile trail grooming). The project may also benefit some non-motorized uses, but the primary intent must be for the benefit of motorized use. 2. Motorized diverse use - projects that benefit more than one mode of motorized recreational trail use such as motorcycle and ATV, ATV use in the summer and snowmobile use in the winter; projects that also benefit some non-motorized uses as long as the primary intent is for the benefit of motorized use. DIVERSIFIED (40%) 1. Non-motorized diverse use (see above under "Non-motorized"). 2. Motorized diverse use (see above under "Motorized"). 3. Diverse use including both motorized and non-motorized uses - projects where the primary intent is for the benefit of both non-motorized and motorized (e.g., the primary beneficiary is not motorized); also includes when the non-motorized and motorized uses are separated by season (e.g., equestrian use in the summer and snowmobile use in the winter). Other examples include a common trailhead project serving separate ATV and bicycle trails. Page 84 of 167 1ST 1ST WASHINGTON 60 Town of Cedarburg Village of Grafton City of Cedarburg Town of Grafton Legend River and Creek Ozaukee Interurban Trail Existing On-Road Trail Existing Off-Road Trail 1st Ave Washington Ave State Highway 60 Grafton High School Road Centerline City Town Village 0 0.75 1.50.375 Miles Proposed Trail Construction - State Highway 60 From 1st Ave to Washington Ave ± Ozaukee County Planning and Parks Dept. February, 2023 Milwaukee River Cedar Creek Page 85 of 167 Item: 8.j. Agenda Item Information Sheet To: COUNTY BOARD From: Matt Aho, Program Manager, Kellie Kretlow, County Clerk Meeting Date: March 4, 2026 Department/Office: Planning & Parks Item Name: Resolution 25-64: Declaration of the Second Saturday in May as World Migratory Bird Day and Authorization for Ozaukee County to Apply to Retain its “Bird City Wisconsin” Recognition Status Summary: The Natural Resource Committee approved this resolution at the February 5th meeting for County Board final approval. Resolution: Declaration of the Second Saturday in May as World Migratory Bird Day and Authorization for Ozaukee County to Apply to Retain its “Bird City Wisconsin” Recognition Status Recommended Action: Approve the Resolution declaring the second Saturday in May as World Migratory Bird Day in Ozaukee County and authorize the submittal of a renewal application by the Planning and Parks Department for retaining “Bird City Wisconsin” recognition and “High Flyer” status through implementation of criteria as a “Bird City Wisconsin”. Attachments: 1. Res 25-64 AS2026_NRC02052026_Bird City WI WMBD_Renewal 2. AS2026_NRC02052026_Bird City WI WMBD_Renewal_Support Document_Final 3. P&P_Dept_Bird City Wisconsin Summary 4. P&P_Dept_Important Bird Areas Map Page 86 of 167 RESOLUTION NO. 25-64 DECLARATION OF THE SECOND SATURDAY IN MAY AS WORLD MIGRATORY BIRD DAY AND AUTHORIZATION FOR OZAUKEE COUNTY TO APPLY TO RETAIN ITS “BIRD CITY WISCONSIN” RECOGNITION STATUS WHEREAS, Ozaukee County, Wisconsin has a long history of supporting actions that support migratory birds and bird habitat through the protection, preservation and management of parks, natural areas, trail corridors and open space; effective community forestry management including the management of invasive species and tree planting; limiting or removing hazards to birds; the sale of bird houses, installation of cavity nest boxes and creation of bluebird trails; the development of educational information on migratory birds and their habitat; and recognition and celebration of World Migratory Bird Day (WMBD) (formerly known as International Migratory Bird Day); and WHEREAS, Ozaukee County first received “Bird City Wisconsin” status in 2010, the first County in Wisconsin, based on its effort to protect birds and their habitat, then Ozaukee County received “High Flyer” status in 2011, the first County in Wisconsin and just one of 37 communities to receive this prestigious recognition, which has been awarded to Ozaukee County each year from 2012 - 2025 and is now one of 82 “Bird City Wisconsin” communities in the State of Wisconsin including three communities in Ozaukee County; and WHEREAS, migratory birds are some of the most beautiful and easily observed wildlife that enhance our community and quality of life as well as our citizens recognize and welcome migratory songbirds as symbolic harbingers of spring and enjoy all the opportunities they have to engage in recreational endeavors such as birdwatching and nature photography; and WHEREAS, these migrant bird species also play an important economic role in our community, controlling insect pests and generating revenue related to bird watching activities and tourism; and WHEREAS, a September 2019 study published in the scientific journal Science found that there are almost 3 billion fewer birds in North America today than there were in 1970 and migratory birds and their habitats are declining throughout the Americas, they are facing a growing number of threats on their migration routes and in their summer and winter homes; and WHEREAS, public awareness is a crucial component of migratory bird conservation and citizens enthusiastic about birds, informed about the threats they face, and empowered to help address those threats can directly contribute to maintaining healthy bird populations; and WHEREAS, on April 2, 2008 the Ozaukee County Board of Supervisors adopted A Multi-jurisdictional Comprehensive Plan for Ozaukee County: 2035 (Resolution 07-72) and enacted ordinance 07-8 as Chapter 13 in the County Code of Ordinances and this plan identifies a number of programs to preserve and protect natural habitat; and WHEREAS, an inventory of Important Bird Areas in Ozaukee County was developed and specific recommendations for the preservation of this wildlife habitat was included as part of the Multi-jurisdictional Comprehensive Plan for Ozaukee County: 2035 and A Park and Open Space Plan for Ozaukee County: 2050 (4th Edition); and Page 87 of 167 WHEREAS, The Ozaukee County Board of Supervisors, acting on the recommendation of the Ozaukee County Comprehensive Planning Board, adopted Resolution 25-45 on December 3, 2025 and this resolution adopted A Park and Open Space Plan for Ozaukee County: 2050 (4 th Edition), which includes a comprehensive analysis and recommendations for the Open Space Preservation Element from the Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin for Ozaukee County, and the Outdoor Recreation Element; whereby, the plan recommends the protection of environmental corridors and natural areas, protection and restoration of fish and wildlife habitat, the provision of outdoor recreation opportunities and public access; and WHEREAS, the Ozaukee County Board of Supervisors is concerned about the preservation and protection of land and water resources and current trend of declining populations of migratory birds and the decrease in their natural habitat through the infringement upon natural areas and environmental corridors in Ozaukee County as identified in the, Park and Open Space Plan for Ozaukee County:2050, the Multi-jurisdictional Comprehensive Plan for Ozaukee County: 2035, the Land and Water Resource Management Plan for Ozaukee County: 2021-2030 and the Ozaukee County Strategic Plan 2020-2024; and WHEREAS, since 1993 WMBD has become a primary vehicle for focusing public attention on the nearly 350 species that travel between nesting habitats in Ozaukee County and throughout North America and their wintering grounds in South and Central America, Mexico, the Caribbean and the southern United States and thousands of people will observe WMBD, gathering in town squares, community centers, schools, parks, nature centers, and wildlife refuges to learn about birds, take action to conserve them, and simply to have fun; and WHEREAS, Ozaukee County continued its annual celebration and recognition of WMBD on Saturday, May 17, 2025, at Veterans Memorial Park in Port Washington with numerous partners including Lake Michigan Bird Observatory and provided public information about migratory bird conservation through an educational booth and distribution of the Ozaukee Trailside Birding Guide; and WHEREAS, Ozaukee County has declared it will continue its annual celebration and recognition of WMBD on a Saturday,May 30, 2026 with its partners; and NOW, THEREFORE, BE IT RESOLVED, that Ozaukee County declares the second Saturday in May as World Migratory Bird Day having recognized and celebrated this day on May 17, 2025 and having plans to celebrate again on a Saturday, May 30, 2026 and that Ozaukee County supports efforts to protect and conserve migratory birds and their habitats in our County; and BE IT FURTHER RESOLVED, Ozaukee County, through the Planning and Parks Department, authorizes the Director of Planning and Parks to submit an application and application fee to Bird City Wisconsin and implement the criteria established by Bird City Wisconsin, so that Ozaukee County can retain its “Bird City” and “High Flyer” designations that will further enhance the County’s reputation for leadership in protecting its natural environment including bird habitats as well as recognize the interest of many of its citizens in bird conservation. Dated at Port Washington, Wisconsin, this 4th day of March, 2026. SUMMARY: Ozaukee County supports efforts to protect and conserve migratory birds and their habitats and declares the second Saturday in May as World Migratory Bird Day having recognized this day on May 17, 2025 and having plans to celebrate again in 2026 and intends to Page 88 of 167 submit an application and application fee to Bird City Wisconsin and implement the criteria established by Bird City Wisconsin, so that Ozaukee County can retain its “Bird City Wisconsin” designation and “High Flyer” status that will further enhance the County’s reputation for leadership in protecting its natural environment including bird habitats as well as recognize the interest of many of its citizens in bird conservation. VOTE REQUIRED: Majority NATURAL RESOURCES COMMITTEE Page 89 of 167 Natural Resources Committee AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2026 DEPARTMENT: Planning and Parks DIRECTOR: Andrew Struck PREPARER: Tina Kroening Agenda Summary Resolution: Declaration of the Second Saturday in May as World Migratory Bird Day and Authorization for Ozaukee County to Apply to Retain its “Bird City Wisconsin” Recognition Status BACKGROUND INFORMATION: Ozaukee County first received “Bird City Wisconsin” status in 2010, the first County in Wisconsin, based on its effort to protect birds and their habitat. Ozaukee County then received “High Flyer” status in 2011 (just one of 37 communities to receive this prestigious recognition), which has been awarded to Ozaukee County each year from 2011 - 2025 and is now one of 82 “Bird City Wisconsin” communities in the State of Wisconsin including three communities in Ozaukee County. Ozaukee County, Wisconsin has a long history of supporting actions that support migratory birds and bird habitat through the protection, preservation and management of parks, natural areas, trail corridors and open space; effective community forestry management including the management of invasive species and tree planting; limiting or removing hazards to birds; the sale of bird houses, installation of cavity nest boxes and creation of bluebird trails; the development of educational information on migratory birds and their habitat; and recognition and celebration of World Migratory Bird Day (WMBD) (formerly known as International Migratory Bird Day). Recognition and implementation of the Bird City Wisconsin program is consistent with on-going, funded Department programs and with the goals and priorities set within adopted Ozaukee County planning documents. An inventory of Important Bird Areas in Ozaukee County was developed with specific recommendations for the preservation of these lands included as part of the Comprehensive Plan for Ozaukee County: 2035 http://www.sewrpc.org/SEWRPCFiles/Publications/CAPR/capr-285-comp-plan-for- ozaukee-co.pdf (p. 100 and p. 105 Map 33). The County Board adopted Park and Open Space Plan for Ozaukee County: 2050 (4 th Edition) https://www.ozaukeecounty.gov/551/Planning- Division includes a comprehensive analysis and recommendations for the Open Space Preservation Element from the Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin for Ozaukee County, and the Outdoor Recreation Element; whereby, the plan recommends the protection of environmental corridors and natural areas and the provision of outdoor recreation opportunities and public access (Chapter 6 and pg. 184-220, 194-229, Table 6.2, pg. 234-237). The “Enhance Quality of Life Assets” strategic goal of the Ozaukee County Strategic Plan 2021-2024 https://www.ozaukeecounty.gov/DocumentCenter/View/14493/Ozaukee-County-Strategic-Plan- 2020-24pdf?bidId= (p. 10, 11, 13) identifies the need to protect and restore impairments to our natural resources and recommends actions to increase preservation and restoration of important environmentally sensitive lands and farmland. The Ozaukee Land and Water Resource Management Plan: 2021-2030 https://www.sewrpc.org/SEWRPCFiles/Publications/CAPR/capr- 338-Ozaukee-County-Land-and-Water-Resource-Management.pdf outlines the goals and Page 90 of 167 objectives to "protect and preserve land and water resources" (p. 134-135). Preservation of these natural areas is more important than ever. In September 2019, a study published in the scientific journal Science found that there are almost 3 billion fewer birds in North America today than there were in 1970, working out to a loss of about one in four birds. Since 1993, WMBD has become a primary vehicle for focusing public attention on the nearly 350 species that travel between nesting habitats in Ozaukee County and throughout North America and their wintering grounds in South and Central America, Mexico, the Caribbean and the southern United States. Ozaukee County continued its annual celebration and recognition of WMBD on Saturday, May 17, 2025, at Veterans Memorial Park in Port Washington with numerous partners including Lake Michigan Bird Observatory and provided public information about migratory bird conservation through an educational booth and distribution of the Ozaukee Trailside Birding Guide. Ozaukee County intends to continue the annual celebration with its partners on Saturday, May 30, 2026, in order for Ozaukee County to maintain its “High Flyer” Bird City status (birdcitywisconsin.org/apply-renew). ANALYSIS: Ozaukee County is proposing to submit a renewal application to retain its “Bird City Wisconsin” recognition and “High Flyer” status in 2026 and celebrate WMBD. Ozaukee County will need to address all the criteria as established by the Bird City Wisconsin organization in the application including the celebration of World Migratory Bird Day and the adoption of a corresponding resolution; however, most of these criteria have already been or will be addressed under existing efforts. FISCAL IMPACT: Balance Current Year:_ $175 Application Fee (and In-kind staff time) Next Year’s Cost:_ NONE (In-kind staff time) FUNDING SOURCE: County Levy ___X___ Non-County Levy__X____ Indicate source:_Parks Division Cost Center and Private Donations_ RECOMMENDED MOTION: Approve and recommend to the Ozaukee County Board of Supervisors a Resolution declaring the second Saturday in May as World Migratory Bird Day in Ozaukee County and authorize the submittal of a renewal application by the Planning and Parks Department for retaining “Bird City Wisconsin” recognition and “High Flyer” status through implementation of criteria as a “Bird City Wisconsin”. Page 91 of 167 Bird City Wisconsin Part of the Bird City Network How to apply for designation All applications and renewals must be submitted ONLINE. Contact us to set up an account. BIRD CITY RECOGNITION Achieve a total of at least 9 points, meeting all of the following conditions: a) A minimum of nine actions b) At least four actions in Habitat, including at least one of the following taken by the municipality itself: • Tree City USA status (1.1.4) • Completion of Wisconsin DNR’s Wisconsin Community Tree Management Institute (1.1.6) • Native species in public or large-scale private landscaping (1.3.3) • Native species in annual street tree and non-street tree budgets (1.3.4) • A moratorium on trimming and mowing (1.5.1) • Another action taken by your municipality c) At least three actions from Education & Engagement, including the following: • World Migratory Bird Day (3.1.1) • An officially enacted resolution (3.7.1) d) At least one action in every category HIGH FLYER RECOGNITION Achieve a total of at least 22 points, meeting all of the following conditions: a) A minimum of six actions worth 2 or more points from at least two categories b) Requirements b, c, and d in “Bird City Status” (above) c) Action 2.1.4 in category 2 (Threats to Birds) showing that your community does not support outdoor cats PAYMENT The fee for both initial applications and annual renewal applications is $175 (non-refundable). PAY ONLINE: Click here PAY BY MAIL: Send a check made out to "Bird City Wisconsin" to: Bird City Wisconsin c/o Lake Michigan Bird Observatory PO Box 487 Port Washington, WI 53704 Page 92 of 167 Page 93 of 167 Item: 9.a. Agenda Item Information Sheet To: COUNTY BOARD From: Katie Vogeler, Director, County Conservationist, Kellie Kretlow, County Clerk Meeting Date: March 4, 2026 Department/Office: Land & Water Management Item Name: Ordinance 25-9: Amending Ozaukee County Shoreland Protection Ordinance Summary: The Natural Resource Committee approved this resolution at the February 5th meeting for County Board final approval. The amendments proposed to Chapter 19: Shoreland Protection Ordinance have been made by Land & Water Management with guidance from Parks & Planning Department. All proposed changes have been discussed with WI DNR and legal counsel so as to remain compliant with Federal and State Laws. The proposed language amends the scope of regulation when it comes to land division review authority, filling and grading within the Shoreland area, and administrative guidance when it comes to applying for permits, the expiration of valid issued permits, and permit application requirements. These changes are proposed in an effort to make the permit process more efficient for both department reviewers and the applicants, and to ensure our department remains up to date on zoning map amendments when applicable. Page numbering, the table of contents and grammatical errors have also been corrected. Recommended Action: Approve the Chapter 19: Shoreland Protection Ordinance amendments. Attachments: 1. Ordinance 25-9 Amending Ozaukee County Shoreland 2. CHAPTER XIX - 2026 Final Amendments 2-19-2026 Page 94 of 167 ORDINANCE NO. 25-9 CHAPTER 19: SHORELAND PROTECTION ORDINANCE An Ordinance amending Chapter 19 of the Ozaukee County Code of Ordinances pertaining to Shoreland Protection Ordinance. The County Board of Supervisors of the County of Ozaukee does ordain that Chapter 19: Shoreland Protection Ordinance of the Ozaukee County Code of Ordinances be amended as follows: DELETE THIS TEXT AND INSERT ORDINANCE BODY HERE This Ordinance shall take effect upon enactment and publication. Dated at Port Washington, Wisconsin, this 4 day of March 2026. SUMMARY: Chapter 19: Shoreland Protection Ordinance Amendments VOTE REQUIRED: Majority NATURAL RESOURCES COMMITTEE Page 95 of 167 CHAPTER 19 OZAUKEE COUNTY SHORELAND PROTECTION ORDINANCE 5/22/2025 Ozaukee County Land & Water Management 121 W. Main Street, Room 223 Port Washington, WI 53074 262-284-8313 Page 96 of 167 Page 97 of 167 TABLE OF CONTENTS 19.01000 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, AND TITLE 1 19.01100 STATUTORY AUTHORIZATION 1 19.01200 FINDING OF FACT 1 19.01300 PURPOSE AND INTENT 1 19.01400 TITLE 2 19.02000 GENERAL PROVISIONS 3 19.02100 AREAS TO BE REGULATED 3 19.02200 COMPLIANCE 3 19.02300 MUNICIPALITIES AND STATE AGENCIES REGULATED 4 19.02400 ABROGATION AND GREATER RESTRICTIONS 4 19.02500 SEVRABILITY 4 19.03000 SHORELAND-WETLAND DISTRICT 5 19.03100 PURPOSE 5 19.03200 DESIGNATION 5 19.03300 SHORELAND-WETLAND MAPPING 5 19.03400 PERMITTED USES 5 19.03500 PROHIBITED USES 7 19.03600 REZONING OF LANDS IN THE SHORELAND-WETLAND DISTRICT 7 19.04000 MINIMUM LOT SIZE FOR CONFORMING LOTS 9 19.04100 PURPOSE 9 19.04200 SEWERED LOTS 9 19.04300 UNSEWERED LOTS 9 19.05000 SUBSTANDARD LOTS 10 19.05100 A LEGALLY CREATED LOT 10 19.05200 OTHER SUBSTANDARD LOTS 10 19.06000 ILLEGALLY CREATED LOTS 11 19.07000 SETBACKS 12 19.07100 PURPOSE 12 19.07200 SHORELAND SETBACK 12 19.07300 REDUCED SHOREALND SETBACK FOR A NEW PRINCIPLE STRUCTURE 12 19.07400 EXEMPT STRUCTURES IN THE SHORELAND SETBACK AREA 13 19.07500 LAKE MICHIGAN BLUFF/ RAVINE SETBACKS 14 19.08000 STRUCTURES IN THE FLOODPLAIN 18 19.09000 VEGETATION 19 19.09100 PURPOSE 19 19.09200 ACTIVITIES ALLOWED WITHIN A VEGETATIVE BUFFER ZONE 19 Page 98 of 167 19.10000 FILLING, GRADING, LAGOONING, DREDGING, DITCHING, AND EXCAVATING 21 19.10100 PURPOSE 21 19.10200 APPLICABILITY 21 19.10300 GENERAL REQUIREMENTS 21 19.10400 PERMIT CONDITIONS 21 19.11000 IMPERVIOUS SURFACE STANDARDS 23 19.11100 PURPOSE 23 19.11200 APPLICABILITY 23 19.11300 CALCULATION OF PERCENTAGE OF IMPERVIOUS SURFACE 23 19.11400 TREATED IMPERVIOUS SURFACES 23 19.11500 ROADWAYS & SIDEWALKS 23 19.11600 GENERAL IMPERVIOUSE SURFACE STANDARD 23 19.11700 MAXIMUM IMPERVIOUSE SURFACE STANDARD 23 19.11800 EXISTING IMPERVIOUS SURFACES 24 19.12000 HEIGHT 25 19.12100 PURPOSE 25 19.12200 HEIGHT STANDARD 25 19.12300 MEASURING HEIGHT 25 19.13000 NONCONFORMING USES 26 19.13100 APPLICABILITY 26 19.13200 GENERAL RULE 26 19.14000 NONCONFORMING STRUCTURES 27 19.141000 APPLICABILITY 27 19.14200 MAINTENANCE, REPAIR, REPLACEMENT, OR VERTICAL EXPANSION OF NONCONFORMING STRUCTURES 27 19.14300 LATERAL EXPANSION OF A NONCONFORMING PRINCIPLE STRUCTURE WITHIN THE SETBACK 27 19.14400 EXPANSION OF A NONCONFORMING PRINCIPLE STRUCTURE BEYOND SETBACK 27 19.14500 RELOCATION OF NONCONFORMING PRINCIPLE STRUCTURES 27 19.15000 MAINTENANCE, REPAIR, REPLACEMENT, OR VERTICAL EXPANSION OF STRUCTURES THAT WERE AUTHORIZED BY VARIANCE 29 19.16000 MAINTENANCE, REPAIR, OR REPLACEMENT OF AN EXEMPT STRUCTURE IN THE SHORELAND SETBACK AREA 30 19.17000 MAINTENANCE, REPAIR, OR REPLACEMENT OF A BUILDING OR STRUCTURE IN VIOLATION OF A COUNTY SHORELAND ZONING ORDINANCE THAT MAY NOT BE ENFORCED 31 19.18000 MITIGATION 32 19.18100 PURPOSE 32 19.18200 APPLICABILITY 32 19.18300 MITIGATION MEASURES 32 Page 99 of 167 19.19000 LAND DIVISION REVIEW 34 19.19100 DEFINITIONS AND GENERAL PROVISIONS 34 19.19200 LAND SUITABILITY 34 19.19300 DEDICATION OF LANDS 35 19.19400 IMPROVEMENTS 35 19.19500 PRE-APPLICATION CONFERENCE 37 19.19600 PRELIMINARY PLAT 38 19.19700 FINAL PLAT 39 19.19800 CERTIFIED SURVEY MAP (CSM) 39 19.19900 APPEALS 40 19.20000 PLANNED UNIT DEVELOPMENT (PUD) 41 19.20100 PURPOSE 41 19.20200 REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT 41 19.20300 APPLICATION AND PERMIT REQUIREMENTS 41 19.21000 SANITARY / PRIVATE WELL REGULATIONS 43 19.22000 ADMINISTRATIVE PROVISIONS 44 19.22100 ZONING ADMINISTRATOR 45 19.22200 ZONING AGENCY 48 19.22300 BOARD OF ADJUSTMENT 48 19.22400 APPEALS 52 19.22500 PUBLIC INFORMATION 53 19.22600 AMENDMENTS 53 19.22700 SHORELAND-WETLAND DISTRICT AMENDMENTS 55 19.22800 REMEDIAL ACTION 56 19.22900 ENFORCEMENT AND PENALTIES 56 19.23000 DEFINITIONS 57 OZAUKEE COUNTY FEE SCHEDULE 66 Page 100 of 167 1 CHAPTER 19.00000 OZAUKEE COUNTY SHORELAND PROTECTION ORDINANCE 19.01000 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE AND TITLE. 19.01100 STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in s. 59.692, Wis. Stats., to implement s. 59.692 and s. 281.31, Wis. Stats. 19.01200 FINDING OF FACT Uncontrolled use of the shorelands and pollution of the navigable waters of Ozaukee County will adversely affect the public health, safety, convenience, general welfare, and impair the tax base. The legislature of Wisconsin has delegated responsibility to the counties to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; and to preserve shore cover and natural beauty. This responsibility is hereby recognized by Ozaukee County, Wisconsin. 19.01300 PURPOSE AND INTENT To promote and protect the public trust in navigable waters and to effect the purposes of s. 281.31, Wis. Stats., by aiding in the fulfillment of the state’s role as trustee of its navigable waters; limiting the direct and cumulative impacts of shoreland development; and promoting the public health, safety, convenience and general welfare, this ordinance has been established to: 01 FURTHER THE MAINTENANCE OF SAFE AND HEALTHFUL CONDITIONS AND PREVENT AND CONTROL WATER POLLUTION THROUGH: (A) Limiting structures to those areas where soil and geological conditions will provide a safe foundation. (B) Establishing minimum lot sizes to provide adequate area for private onsite waste treatment Systems (POWTS). (C) Controlling filling and grading to prevent soil erosion problems. (D) Limiting impervious surfaces to control runoff which carries pollutants. 02 PROTECT SPAWNING GROUNDS, FISH AND AQUATIC LIFE THROUGH: (A) Preserving wetlands and other fish and aquatic habitat. (B) Regulating pollution sources. (C) Controlling shoreline alterations, dredging and lagooning. 03 CONTROL BUILDING SITES, PLACEMENT OF STRUCTURES AND LAND USES THROUGH: (A) Prohibiting certain uses detrimental to the shoreland-wetlands. Page 101 of 167 2 (B) Setting minimum lot sizes and widths. (C) Setting minimum building setbacks from waterways. (D) Setting the maximum height of near shore structures. 04 PRESERVE AND RESTORE SHORELAND VEGETATION AND NATURAL SCENIC BEAUTY THROUGH: (A) Restricting the removal of natural shoreland cover. (B) Preventing shoreline encroachment by structures. (C) Controlling shoreland excavation and other earth moving activities. (D) Regulating the use and placement of boathouses and other structures. 19.01400 TITLE This ordinance shall be known as the OZAUKEE COUNTY SHORELAND PROTECTION ORDINANCE. Page 102 of 167 3 19.02000 GENERAL PROVISIONS 19.02100 AREAS TO BE REGULATED 01 SHORELANDS Areas regulated by this ordinance shall include all the lands, herein referred to as shorelands, in the unincorporated areas of Ozaukee County which are: (A) Within one thousand (1,000) feet of the ordinary high water mark (OHWM) of navigable lakes, ponds or flowages. (B) Within three hundred (300) feet of the ordinary high water mark (OHWM) of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. (C) The provisions of this chapter apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with, and obtain all necessary permits under local shoreland ordinances. The construction, reconstruction, maintenance, or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation is not subject to local shoreland zoning ordinances if s. 30.2022(1m), Wis. Stats., applies. Shoreland zoning requirements in annexed or incorporated areas are provided in s. 61.353 and s. 62.233, Wis. Stats. (D) Determinations of navigability and ordinary high water mark (OHWM) location shall initially be made by the zoning administrator. When questions arise, the zoning administrator may contact the appropriate office of the Department of Natural Resources (DNR) for a final determination of navigability or ordinary high water mark (OHWM). The county may work with surveyors with regard to s. 59.692(1h), Wis. Stats. (E) Under s. 281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, this shoreland zoning ordinance does not apply to: (01) Lands adjacent to farm drainage ditches if: (a) Such lands are not adjacent to a natural navigable stream or river.; (b) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and (02) Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body. 02 LAKE MICHIGAN BLUFF AND RAVINE AREAS Areas regulated by this ordinance shall include all Lake Michigan Bluff and Ravine Areas adjoining the shoreline or coastal lowlands of Lake Michigan, located within the unincorporated areas of Ozaukee County. 19.02200 COMPLIANCE The use of any land; the size, shape, and placement of lots; the use, size, type, and location of structures on lots; the filling, grading, lagooning, and dredging of any lands; the cutting of shoreland vegetation; and the subdivision of lots shall be in full compliance with the terms of this ordinance and other applicable Page 103 of 167 4 local, state, or federal regulations. Buildings, other structures, and land disturbances shall require a shoreland permit unless otherwise expressly excluded by a provision of this ordinance. 19.02300 MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when s. 30.2022(1), Wis. Stats., applies. 19.02400 ABROGATION AND GREATER RESTRICTIONS The provisions of this ordinance supersede any provisions in a county zoning ordinance that solely relate to shorelands. In other words, if a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this ordinance supersedes those provisions. However, where an ordinance adopted under a statute other than s. 59.692, Wis. Stats., does not solely relate to shorelands and is more restrictive than this ordinance, for example a floodplain ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions. 01 This ordinance shall not require approval or be subject to disapproval by any town or town board. 02 If an existing town ordinance relating to shorelands is more restrictive than this ordinance, or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions, but not otherwise. 03 This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. 04 This ordinance shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable, so far as practicable. 05 This ordinance may establish standards to regulate matters that are not regulated by a shoreland zoning standard under ch. NR 115(1), Wisconsin Administrative Code, and that further the purposes of shoreland zoning as described in section 19.01300 of this ordinance. 06 This ordinance may not require any inspection or upgrade of a structure before the sale or other transfer of the structure may be made. 19.02500 SEVERABILITY If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. Page 104 of 167 5 19.03000 SHORELAND-WETLAND DISTRICT 19.03100 PURPOSE This district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty, and to control building and development in wetlands within the shoreland zone. When development is permitted in a wetland, the development should occur in a manner that minimizes adverse impacts upon the wetland. 19.03200 DESIGNATION This district shall include all shorelands within the jurisdiction of this ordinance which are designated as wetlands on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer. 19.03300 SHORELAND-WETLAND MAP The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer is made part of this ordinance. The maps can be viewed at: https://dnrmaps.wi.gov/H5/?viewer=SWDV 01 LOCATING SHORELAND-WETLAND BOUNDARIES Where an apparent discrepancy exists between the shoreland-wetland district boundary shown on the Wisconsin Wetland Inventory and actual field conditions, the county shall contact the Department of Natural Resources (DNR) to determine if the map is in error. If the Department determines that a particular area was incorrectly mapped as wetland or meets the wetland definition but was not shown as wetland on the map, the county shall have the authority to immediately grant or deny a shoreland permit in accordance with the applicable regulations based on the Department determination as to whether the area is wetland. In order to correct wetland mapping errors on the official zoning map, an official zoning map amendment must be initiated within a reasonable period of time. 19.03400 PERMITTED USES The following uses shall be allowed, subject to general shoreland zoning regulations contained in this ordinance: 01 Activities and uses which do not require the issuance of a shoreland permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling, or excavating: (A) Hiking, fishing, trapping, hunting, swimming, and boating.; (B) The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.; (C) The pasturing of livestock, and the construction and maintenance of fences; (D) The cultivation of agricultural crops; (E) The practice of silviculture, including the planting, thinning, and harvesting of timber; and (F) The construction or maintenance of duck blinds. 02 Uses which require the issuance of a shoreland permit and must be carried out without any filling, flooding, draining, dredging, ditching, tiling, or excavating: Page 105 of 167 6 (A) The construction or maintenance of piers, docks, or walkways built on pilings. (B) The construction or maintenance of nonresidential buildings, provided that all of the following apply: (01) The building is essential for and used solely in conjunction with the raising of waterfowl, minnows, or other aquatic animals; or used solely for a purpose which is compatible for wetland preservation; (02) The building cannot, as a practical matter, be located outside wetlands; and (03) The building is not designed for human habitation and does not exceed five hundred (500) square feet in floor area. (C) The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private wildlife habitat areas, provided: (01) No filling is done; (02) Any private wildlife habitat area is used exclusively for that area; and (03) Any ditching, excavating, dredging, and dike and dam construction shall be allowed in wildlife refuges, game preserves, and private wildlife habitat areas for the purpose of improving wildlife habitat or to otherwise enhance wetland values. Any of these activities shall comply with the floodplain ordinance and secure all other permits related to dike and dam construction. 03 Uses which do not require the issuance of a shoreland permit, but may include filling, flooding, draining, dredging, ditching, tiling, or excavating as necessary, but only to the extent specifically provided below: (A) The cultivation of cranberries, including flooding, dike and dam construction, or ditching necessary for the growing and harvesting of cranberries. (B) The maintenance and repair of existing agricultural drainage systems, such as ditching and tiling, necessary to maintain the level of drainage required to continue the existing agricultural use. (C) The maintenance, repair, replacement, or reconstruction of existing town and county highways and bridges. 04 Uses which require the issuance of a shoreland permit and which may include filling, flooding, draining, dredging, ditching, tiling, or excavating as necessary, but only to the extent specifically provided below: (A) The construction and maintenance of roads which are necessary to conduct silvicultural activities or agricultural cultivation, provided that: (01) The road cannot as a practical matter be located outside the wetland; Page 106 of 167 7 (02) The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in section 19.03602; (03) The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use; (04) Road construction activities are carried out in the immediate area of the roadbed only (05) The construction of a road for silvicultural activities for temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected. (B) The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members provided: (01) Such construction or maintenance is done in a manner designed to minimize flooding and adverse impact on the natural functions of the wetland enumerated in section 19.03602. (C) The construction or maintenance of railroad lines provided that: (01) The railroad lines cannot, as a practical matter, be located outside the wetland; (02) Such construction or maintenance is done in a manner designed to minimize flooding and adverse impact upon the natural functions of the wetland enumerated in section 19.03602. 19.03500 PROHIBITED USES Any activity or use not listed in section 19.03400 is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 19.03600 of this ordinance and s. 59.69(5)(e), Wis. Stats. 19.03600 REZONING OF LANDS IN THE SHORELAND-WETLAND DISTRICT 01 For all proposed shoreland-wetland rezoning requests under this ordinance, the appropriate office with the Department of Natural Resources (DNR) shall be provided with the following: (A) A copy of every proposed petition for a shoreland-wetland rezoning request under this ordinance, within five (5) days of the filing of such request with the zoning administrator; (B) Written notice of the public hearing to be held on a proposed shoreland-wetland rezoning request at least ten (10) days prior to such hearing; (C) A copy of the Natural Resource Committee findings and recommendations on each proposed shoreland-wetland rezoning request within ten (10) days after the submission of those findings and recommendations to the county board; and (D) Written notice of the county board decision on each proposed shoreland-wetland rezoning request within ten (10) days after it is issued. 02 A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the Page 107 of 167 8 proposed rezoning may result in a significant adverse impact upon any of the following: (A) Storm and flood water storage capacity; (B) Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland; (C) Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters; (D) Shoreline protection against soil erosion; (E) Fish spawning, breeding, nursery or feeding grounds; (F) Wildlife habitat; or (G) Areas of special recreational, scenic, or scientific interest, including scarce wetland types. 03 If the Department of Natural Resources (DNR) notifies the county zoning administrator that a proposed shoreland-wetland rezoning request under this ordinance may have a significant adverse impact upon any of the criteria listed in section 19.03602 of this ordinance, that shoreland-wetland rezoning request, if approved by the county board, shall contain the following provision: “This shoreland-wetland rezoning shall not take effect until more than thirty (30) days have elapsed after written notice of the county board approval of this shoreland-wetland rezoning is mailed to the Department of Natural Resources (DNR). During that thirty (30) day period, the Department may notify the county board that it will adopt a superseding shoreland ordinance for the county under s. 59.692(6), Wis. Stats. If the Department does so notify the county board, the effect of this amendment shall be stayed until the s. 59.692(6), Wis. Stats., adoption procedure is completed or otherwise terminated." Page 108 of 167 9 19.04000 MINIMUM LOT SIZE FOR CONFORMING LOTS 19.04100 PURPOSE Minimum lot sizes in the shoreland area have been established to afford protection against danger to health, safety and welfare, and protection against pollution of the adjacent body of water. In calculating the minimum area or width of a lot, the beds of navigable waters shall not be included. 19.04200 SEWERED LOTS For each lot served by public sanitary sewer the minimum lot area shall be ten thousand (10,000) sq. ft. and the minimum average lot width shall be sixty-five (65) feet with at least sixty-five (65) feet of frontage width at the ordinary high water mark. 19.04300 UNSEWERED LOTS For each lot not served by public sanitary sewer the minimum lot area shall be twenty thousand (20,000) sq. ft. and the minimum average lot width shall be one hundred (100) feet with at least one hundred (100) feet of frontage width at the ordinary high water mark. Page 109 of 167 10 19.05000 SUBSTANDARD LOTS 19.05100 A LEGALLY CREATED LOT or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply: 01 The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel. 02 The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. 03 The substandard lot or parcel is developed to comply with all other ordinance requirements. 19.05200 OTHER SUBSTANDARD LOTS Except for lots which meet the requirements of section 19.05100, a shoreland permit for the improvement of a lot having lesser dimensions than those stated in sections 19.04200 and 19.04300 shall be issued only if a variance is granted by the board of adjustment. Page 110 of 167 11 19.06000 ILLEGALLY CREATED LOTS An illegally created lot is one that was created in violation of the required minimum area and minimum average width requirements of the County’s shoreland zoning ordinance at the time of creation. Illegally created lots shall not be used for construction purposes without the granting of a variance. Page 111 of 167 12 19.07000 SETBACKS 19.07100 PURPOSE Setbacks within the shoreland area have been established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards, protect against water pollution, and otherwise limit the direct and cumulative impacts of shoreland development of the adjacent water body. 19.07200 SHORELAND SETBACK A setback of seventy-five (75) feet from the ordinary high water mark (OHWM) of any navigable water to the nearest part of a building or structure shall be required. 19.07300 REDUCED SHORELAND SETBACK FOR A NEW PRINCIPAL STRUCTURE 01 EXISTING PRINCIPAL STRUCTURES IN BOTH DIRECTIONS Where there are existing principal structures in both directions of a new proposed principal structure, a shoreland setback less than the required seventy-five (75) foot setback from the ordinary high water mark (OHWM) established in section 19.07200 shall be permitted for a new proposed principal structure, provided all of the following are met: (A) Both of the existing principal structures are located on lots immediately adjacent to the lot of the proposed new principal structure. (B) Both of the existing principal structures are located within two hundred fifty (250) feet of the proposed new principal structure and are the closest structure. (C) Both of the existing principal structures are the closest principal structure on their respective lots to the new proposed principal structure. (D) Both of the existing principal structures are located less than seventy-five (75) feet from the ordinary high water mark (OHWM). (E) The reduced shoreland setback shall equal the average of the distances that the two existing principal structures are set back from the ordinary high water mark (OHWM). (F) The reduced shoreland setback shall not be reduced to less than thirty-five (35) feet from the ordinary high water mark (OHWM). 02 EXISTING PRINCIPAL STRUCTURE IN ONLY ONE DIRECTION Where this is an existing principal structure in only one direction, the setback shall equal the average of the distances the existing principal structure is set back from the ordinary high water mark (OHWM) and the required setback of seventy-five (75) feet from the ordinary high water mark (OHWM), provided all of the following are met: (A) The existing principal structure is located on a lot immediately adjacent to the lot of the proposed new principal structure. (B) The existing principal structure is located within two hundred fifty (250) feet of the new principal structure. (C) The existing principal structure is the closest principal structure on its lot to the new proposed principal structure. Page 112 of 167 13 (D) The existing principal structure is located less than seventy-five (75) feet from the ordinary high water mark (OHWM). (E) The reduced shoreland setback shall equal the average of seventy-five (75) feet and the distance that the existing principal structure is set back from the ordinary high water mark (OHWM). (F) The average setback shall not be reduced to less than thirty-five (35) feet from the ordinary high water mark (OHWM) of any navigable water. 19.07400 EXEMPT STRUCTURES IN THE SHORELAND SETBACK AREA All of the following structures are exempt from the shoreland setback established in section 19.07200: 01 DRY BOATHOUSES Boathouses located entirely above the ordinary high water mark (OHWM), entirely within the access and viewing corridor, that do not contain plumbing, and are not used for human habitation. The roof of a boathouse may be used as a deck provided that: (A) The boathouse has a flat roof. (B) The roof has no side walls or screens. (C) The roof may have a railing that meets the Department of Safety and Professional Services standards. (D) Access stairs shall be located within the interior footprint of the boathouse. 02 NO SIDE, OPEN-SIDED, AND SCREENED STRUCTURES No side, open-sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area, provided the following requirements of s. 59.692(1v), Wis. Stats., are met: (A) The part of the structure that is nearest to the water is located at least thirty-five (35) feet landward from the ordinary-high water mark. (B) The total floor area of all the structures in the shoreland setback area of the property will not exceed two hundred (200) square feet. Boathouses shall be excluded from the calculation. (C) The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides. (D) The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least seventy (70) percent of the half of the shoreland setback area that is nearest to the water. 03 FISHING RAFTS Fishing rafts that are authorized on the Wolf River and Mississippi River under s. 30.126, Wis. Stats. 04 BROADCAST SIGNAL RECEIVERS Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in Page 113 of 167 14 diameter and satellite earth station antennas that are 2 meters or less in diameter. 05 UTILITY STRUCTURES. Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers, and private on-site wastewater treatment systems that comply with ch. SPS 383, Wisconsin Administrative Code, and other utility structures that have no feasible alternative location outside of the minimum setback and that are constructed and placed using best management practices to infiltrate or otherwise control storm water runoff from the structure. 06 WALKWAY, STAIRWAY, OR RAIL SYSTEM A walkway, stairway, or rail system that is necessary to provide pedestrian access to the shoreline and is a maximum of sixty (60) inches in width. 07 DEVICES OR SYSTEMS USED TO TREAT RUNOFF FROM IMPERVIOUS SURFACES. Devices or systems used to treat runoff from impervious surfaces, provided the requirements of s. 59.692(1k)(a)6, Wis .Stats. and s. 59.692(1k)(am)1, Wis. Stats., are met. 08 FENCE A fence along a roadway that meets all of the following requirements: (A) Is not taller than fifteen (15) feet. (B) Is located not less than two (2) feet landward of the ordinary high water mark. (C) Is located entirely outside of a highway right-of-way. (D) Is located not less than ten (10) feet from the edge of a roadway and not more than forty (40) feet from the edge of a roadway or highway right-of-way, whichever is greater. (E) Is generally perpendicular to the shoreline. 09 BRIDGES A bridge for which the Department has issued a permit under s. 30.123, Wis. Stats. 19.07500 LAKE MICHIGAN BLUFF/ RAVINE SETBACKS The eastern County line is defined by the coast of Lake Michigan. This coastal area consists almost entirely of steep bluffs and associated ravines that terminate into Lake Michigan. Due to the high recession rate (erosion hazard) recorded along this coastal reach, all new structures and private onsite wastewater treatment systems (POWTS), must be setback to protect property and life and minimize costly damage. Structures listed in section 19.07406 shall be exempt from this section. 01 EROSION HAZARD SETBACK FROM LAKE MICHIGAN BLUFFS Except as set forth in subsections C and D, all buildings, structures, and private onsite wastewater treatment systems (POWTS) in the Lake Michigan Bluff Area shall be set back the greater of the following distances: (A) A distance equal to a slope ratio of two and one half (2.5) feet horizontal distance to every one (1) foot vertical distance, measured horizontally from the toe of the bluff, calculated using the most severe angle of slope as determined by a registered professional engineer or a surveyor and approved by the zoning administrator, and based on the following graph (see Figure 1). The setback (X) is measured from the top edge of the bluff, as determined by the land and water Page 114 of 167 15 management department. Measurement of the stable slope angle setback shall be made from the toe of the bluff perpendicular to the shoreline. There shall be two (2) such measurements for every one hundred (100) feet of shoreline at points not less than fifty (50) feet apart. The setback shall be a line connecting these two points, or such line extended. The land between the top edge of the bluff and the setback line constitutes the bluff setback area. (B) A minimum setback of seventy-five (75) feet from the edge of any bluff, as determined by the land and water management department. (C) Accessory structures may be placed within the bluff setback area, subject to the following: (01) The part of the structure that is nearest to the bluff shall maintain a minimum setback of forty (40) feet from the top of any bluff, as determined by the land and water management department. Structures required for riparian access shall be excluded from this setback. (02) The total floor area of all accessory structures located within the bluff setback area will not exceed two hundred (200) square feet. Structures required for riparian access shall be excluded from this calculation. (03) The wall height of any structure shall not exceed ten (10) feet. (04) The structure shall not be placed on pilings, piers, frost walls, or a foundation. (05) The structure will not contain interior plumbing, utilize a non-plumbing system, or require the installation of a private onsite wastewater treatment system (POWTS). (D) Private onsite wastewater treatment systems (POWTS) soil absorption components in the Lake Michigan Bluff Area shall be set back a minimum of seventy-five (75) feet from the edge of any bluff, as determined by the land and water management department. 02 EROSION HAZARD SETBACK FROM LAKE MICHIGAN RAVINES Except as set forth in subsections C, D, and E, all buildings, structures, and private onsite wastewater treatment systems (POWTS) in the Lake Michigan Ravine Area shall be set back the greater of the following distances: (A) A distance equal to a slope ratio of two and one half (2.5) feet horizontal distance to every one (1) foot vertical distance measured horizontally from the toe of the ravine, calculated using the most severe angle of slope, as determined by a registered professional engineer or a surveyor and approved by the zoning administrator, and based on the following graph (see Figure 1). The setback (X) is measured from the top edge of the ravine, as determined by the land and water management department. There shall be sufficient measurement points to represent said ravine. The setback shall be a line connecting all points, or such line extended. The land between the top edge of the ravine and the setback line constitutes the ravine setback area. (B) A minimum setback of seventy-five (75) feet from the edge of any ravine, as determined by the land and water management department. (C) When a detailed subsurface investigation report by a Wisconsin registered geotechnical engineer indicates that a ravine is a stable formation, the setback shall be as recommended in the report, subject to a minimum setback of forty (40) feet from the edge of that particular ravine, as determined by the land and water management department, provided that the ravine has not been Page 115 of 167 16 determined to be navigable. (D) Accessory structures may be placed within the ravine setback area, subject to the following: (01) The part of the structure that is nearest to the ravine shall maintain a minimum setback of forty (40) feet from the top of any ravine, as determined by the land and water management department, provided that the ravine has not been determined to be navigable. Structures required for riparian access shall be excluded from this setback. (02) The total floor area of all accessory structures within the ravine setback area will not exceed two hundred (200) square feet. Structures required for riparian access shall be excluded from this calculation. When the provisions of section 19.07502(C) are used to reduce the setback from the edge of a ravine, subject to a minimum setback of forty (40) feet from the edge of that particular ravine, there shall be no limitation on the total floor area of accessory structures. (03) The wall height of any structure shall not exceed ten (10) feet. (04) The structure shall not be placed on pilings, piers, frost walls, or a foundation. (05) The structure will not contain interior plumbing, utilize a non-plumbing system, or require the installation of a private onsite wastewater treatment system (POWTS). (E) Private onsite wastewater treatment systems (POWTS) soil absorption components in the Lake Michigan Ravine Area shall be set back a minimum of seventy-five (75) feet from the edge of any ravine, as determined by the land and water management department, unless the provisions of section 19.07502 (C) are used to reduce said setback, subject to a minimum setback of forty (40) feet from the edge of that particular ravine, provided that the ravine has not been determined to be navigable. 03 EROSION HAZARD SETBACK FROM LAKE MICHIGAN SHALLOW RAVINES All buildings, structures, and private onsite wastewater treatment systems (POWTS) in the Lake Michigan Ravine Area shall be set back the following distances: (A) All buildings and structures in the Lake Michigan Ravine Area shall be set back a minimum of forty (40) feet from the edge of a shallow ravine, as determined by the land and water management department, provided that the shallow ravine has not been determined to be navigable. (B) Private onsite wastewater treatment systems (POWTS) soil absorption components in the Lake Michigan Ravine Area shall be set back a minimum of forty (40) feet from the edge of any shallow ravine, as determined by the land and water management department, provided that the shallow ravine has not been determined to be navigable. Page 116 of 167 17 Page 117 of 167 18 19.08000 STRUCTURES IN THE FLOODPLAIN Buildings and structures to be constructed or placed in a floodplain shall be required to comply with Chapter 18 of the Ozaukee County Code of Ordnances. Page 118 of 167 19 19.09000 VEGETATION 19.09100 PURPOSE To protect natural scenic beauty, fish and wildlife habitat, and water quality, removal shall be regulated in a manner to protect water quality and reduce soil erosion, and the flow of effluents, sediments, and nutrients. 19.09200 ACTIVITIES ALLOWED WITHIN A VEGETATIVE BUFFER ZONE A vegetative buffer zone is maintained or created to protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation. The vegetative buffer zone is the area that extends from the ordinary high water mark (OHWM) to thirty-five (35) feet landward. Removal or destruction of vegetation in the vegetative buffer zone shall be prohibited except as follows: 01 Routine maintenance of vegetation which means normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance. 02 The removal or destruction of vegetation for the creation of an access and viewing corridor provided the following requirements are met: (A) The access and viewing corridor remains a strip of vegetated land for the purpose of providing safe pedestrian access to the shore through the vegetative buffer zone. (B) The access and viewing corridor may be thirty-five (35) percent of the shoreline frontage but in no case shall it be less than 10 feet or greater than 200 feet. (C) The viewing corridor may run contiguously for the entire maximum width allowed based on the shoreline frontage owned. 03 The removal of trees and shrubs on a parcel with ten (10) or more acres of forested land consistent with “generally accepted forestry management practices” as defined in ch. NR 1.25(2)(b), Wisconsin Administrative Code, and described in Department publication “Wisconsin Forest Management Guidelines” (publication FR-226), provided that vegetation removal be consistent with these practices. 04 The removal of vegetation to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area with native species, as soon as practicable. 05 The county may authorize, by shoreland permit, additional vegetation management activities such as prescribed burns or other vegetation management or removal activities where there is a demonstrable need for the additional management activity. Any permit issued under this section shall require the following information to be provided by the applicant: (A) Detailed plans documenting the need and purpose are submitted and approved by the County. (B) Sufficient information within the plans showing that it is designed to: (01) Control erosion by limiting sedimentation into the waterbody; Page 119 of 167 20 (02) Improve the plant community by replanting in the same area; and (03) Maintain and monitor the newly restored area. Page 120 of 167 21 19.10000 FILLING, GRADING, LAGOONING, DREDGING, DITCHING, AND EXCAVATING 19.10100 PURPOSE To protect natural scenic beauty, fish and wildlife habitat, and water quality, land disturbances may be allowed and authorized only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty. 19.10200 APPLICABILITY Filling, grading, lagooning, dredging, ditching, and excavating may be authorized by permit according to sections 19.10300 and 19.10400, and only if done in a manner that meets the purpose of section 19.10100. 19.10300 GENERAL REQUIREMENTS In order to implement section 19.10200, a permit for filling, grading, lagooning, dredging, ditching or excavating within in the shoreland area may be granted provided that: 01 A permit is required to be issued for any filling, grading, lagooning, dredging, ditching, or excavating within the shoreland area three hundred (300) feet of the ordinary high water mark (OHWM) of navigable waters. 02 It is not done within the vegetative buffer zone unless necessary for establishing or expanding the vegetative buffer or for the construction of an exempt structure under section 19.07500. 03 It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat. 04 Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets the requirements of section 19.03000. 05 All applicable federal, state, and local authority is obtained in addition to a permit under this ordinance. 06 Any fill placed in the shoreland area is protected against erosion by the use of vegetative cover or stabilized in another acceptable and approved manner. 07 Any fill placed within the shoreland area will not be classified as a solid or hazardous waste or defined as a manufacturing byproduct per section 19.23000. 19.10400 PERMIT CONDITIONS In granting a permit under section 19.10301, attach any of the following conditions, as appropriate: 01 The smallest amount of bare ground shall be exposed for as short a time as feasible. 02 Temporary ground cover (such as mulch or jute netting) shall be used and permanent vegetative cover shall be established. 03 Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion. 04 Lagoons shall be constructed to avoid fish trap conditions. Page 121 of 167 22 05 Fill shall be stabilized according to accepted engineering standards. 06 Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain. 07 Construction associated with land disturbances are encouraged to incorporate slopes of two (2) units horizontal distance to one (1) unit vertical or flatter which shall be promptly vegetated and stabilized. 08 Other project-related conditions may be considered, including certified plans and or designs from an engineer. Page 122 of 167 23 19.11000 IMPERVIOUS SURFACE STANDARDS 19.11100 PURPOSE Impervious surface standards are established to protect water quality and fish and wildlife habitat and to protect against pollution of navigable waters. 19.11200 APPLICABILITY Impervious surface standards shall apply to the construction, reconstruction, expansion, replacement, or relocation of any impervious surface that is or will be located within three hundred (300) feet of the ordinary high water mark (OHWM) of any navigable waterway on any of the following: 01 A riparian lot or parcel. 02 A non-riparian lot or parcel that is located entirely within 300 feet of the ordinary high water mark of any navigable waterway. 19.11300 CALCULATION OF PERCENTAGE OF IMPERVIOUS SURFACE Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within three hundred (300) feet of the ordinary high water mark (OHWM) by the total surface area of that lot or parcel, and multiplied by one hundred (100). Impervious surfaces described in sections 19.11400 and 19.11500 shall be excluded from the calculation of impervious surface on the lot or parcel. If an outlot lies between the ordinary high water mark (OHWM) and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surface. 19.11400 TREATED IMPERVIOUS SURFACES Impervious surfaces that can be documented to demonstrate they meet either of the following standards shall be excluded from the impervious surface calculations under section 19.11300: 01 The impervious surface is treated by devices such as stormwater ponds, constructed wetlands, infiltration basins, rain gardens, bio-swales or other engineered systems. 02 The runoff from the impervious surface discharges to an internally drained pervious area that retains the runoff on or off the parcel and allows infiltration into the soil. 19.11500 ROADWAYS AND SIDEWALKS Roadways defined in s. 340.01(54), Stats., and sidewalks defined in s. 340.01(58), Stats., shall be excluded from the impervious surface calculation under section 19.11300. 19.11600 GENERAL IMPERVIOUS SURFACE STANDARD The percentage of impervious surface allowed on a lot or parcel described under section 19.11200 and as calculated under section 19.11300 shall not exceed fifteen (15) percent. 19.11700 MAXIMUM IMPERVIOUS SURFACE STANDARD Impervious surfaces that can be documented to demonstrate they meet either of the following standards shall be excluded from the impervious surface calculations under section 19.11600: 01 A lot or parcel described under section 19.11200, calculated under section 19.11300, and under the general impervious surface standard of section 19.11600 may have greater than fifteen (15) percent impervious surface but not more than thirty (30) percent impervious surface. Page 123 of 167 24 02 For lots or parcels that exceed the standard under section 19.11600 but do not exceed the maximum standard section 19.11701, a permit can be issued for development with a mitigation plan that meets the standards found in section 19.18000. 19.11800 EXISTING IMPERVIOUS SURFACES For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in section 19.11600 or the maximum impervious surface standard in section 19.11700, the property owner may do any of the following: 01 Maintain and repair the existing impervious surfaces; 02 Replace existing impervious surfaces with similar surfaces within the existing building envelope; or 03 Relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of the county shoreland ordinance, and the impervious surface meets the applicable setback requirements in section 19.07000. Page 124 of 167 25 19.12000 HEIGHT 19.12100 PURPOSE To protect and preserve wildlife habitat and natural scenic beauty. 19.12200 HEIGHT STANDARD A structure taller than thirty-five (35) feet within seventy-five (75) feet of the ordinary high-water mark of any navigable waters is prohibited. 19.12300 MEASURING HEIGHT Structure height is the measurement of the vertical line segment starting at the lowest point of any exposed wall and it’s intersect with the ground (Point A in the following diagram) to a line horizontal to the highest point of a structure (Point B in the following diagram), unless specified under other sections of this code. Page 125 of 167 26 19.13000 NONCONFORMING USES 19.13100 APPLICABILITY This section applies to a use of a dwelling, building, or parcel of land that existed lawfully before the existing zoning ordinance was enacted or amended, but that does not conform to the allowed uses in the current ordinance. 19.13200 GENERAL RULE 01 The continuance of the lawful use of any building, premises, structure, or fixture for any trade or industry for which such building, premises, structure, or fixture is used at the time that the ordinance takes effect may not be prohibited. 02 The alteration of, or addition to, or repair in excess of fifty (50) percent of its assessed value of any existing building, premises, structure, or fixture for the purpose of carrying on any prohibited trade or new industry within the district where such buildings, premises, structures, or fixtures are located, may be prohibited. 03 The county may prohibit the continuance of the nonconforming use of a temporary structure. 04 If the nonconforming use is discontinued for a period of twelve (12) months, any future use of the building, premises, structure, or fixture shall conform to the ordinance. 05 A manufactured home community licensed under s. 101.935, Wis. Stats., that is a nonconforming use continues to be a nonconforming use notwithstanding the occurrence of any of the following activities within the community: (A) Repair or replacement of homes. (B) Repair or replacement of infrastructure. Page 126 of 167 27 19.14000 NONCONFORMING STRUCTURES 19.14100 APPLICABILITY This section applies to an existing principal or accessory structure that was lawfully placed when constructed but that does not comply with the current required ordinary high water mark setback of a navigable waterway. 19.14200 MAINTENANCE, REPAIR, REPLACEMENT, OR VERTICAL EXPANSION OF NONCONFORMING STRUCTURES A structure that was lawfully placed when constructed but that does not comply with the required shoreland setback per section 19.07000 may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the nonconforming structure. Further, a structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded unless the vertical expansion would extend more than thirty-five (35) feet above grade level. The expansion of a structure beyond the existing footprint may be allowed if the expansion is necessary to comply with applicable state or federal requirements. 19.14300 LATERAL EXPANSION OF A NONCONFORMING PRINCIPAL STRUCTURE WITHIN THE SETBACK An existing principal structure that was lawfully placed when constructed but that does not comply with the required shoreland setback per section 19.07000 may be expanded laterally, provided that all of the following requirements are met: 01 The use of the structure has not been discontinued for a period of twelve (12) months or more if a nonconforming use. 02 The existing principal structure is at least thirty-five (35) feet from the ordinary high-water mark (OHWM). 03 Lateral expansions are limited to a maximum of two hundred (200) square feet over the life of the structure. No portion of the expansion may be any closer to the ordinary high water mark (OHWM) than the closest point of the existing principal structure. 04 The county shall issue a shoreland permit that requires an approved mitigation plan that shall be implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 19.18000. 05 All other provisions of the shoreland ordinance shall be met. 19.14400 EXPANSION OF A NONCONFORMING PRINCIPAL STRUCTURE BEYOND THE SETBACK An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under section 19.07000 may be expanded horizontally, landward, or vertically provided that the expanded area meets the building setback requirements per section 19.07000 and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this paragraph, but may be required per section 19.11700 or 19.11100. 19.14500 RELOCATION OF NONCONFORMING PRINCIPAL STRUCTURES An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per section 19.07000 may be relocated on the property provided all of the following requirements are met: Page 127 of 167 28 01 The use of the structure has not been discontinued for a period of twelve (12) months or more if a nonconforming use. 02 The existing principal structure is at least thirty-five (35) feet from the ordinary high water mark (OHWM). 03 No portion of the relocated structure is located any closer to the ordinary high water mark (OHWM) than the closest point of the existing principal structure. 04 The county determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the shoreland setback requirement per section 19.07000. 05 The county shall issue a shoreland permit that requires an approved mitigation plan that shall be implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 19.18000. 06 All other provisions of the shoreland ordinance shall be met. Page 128 of 167 29 19.15000 MAINTENANCE, REPAIR, REPLACEMENT, OR VERTICAL EXPANSION OF A STRUCTURE AUTHORIZED BY VARIANCE A structure of which any part has been authorized to be located within the shoreland setback area by a variance granted before July 13, 2015, may be maintained, repaired, replaced, restored, rebuilt, or remodeled if the activity does not expand the footprint of the authorized structure. Additionally, the structure may be vertically expanded unless the vertical expansion would extend more than thirty-five (35) feet above grade level. The expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements. Page 129 of 167 30 19.16000 MAINTENANCE, REPAIR, OR REPLACEMENT OF AN EXEMPT STRUCTURE IN THE SHORELAND SETBACK AREA 01 All or any part of an existing exempt structures under section 19.07500 may be maintained, repaired, replaced, restored, rebuilt or remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. 02 An activity allowed under section 19.16001 shall be allowed to expand the footprint of the structure provided it is the minimal expansion necessary to comply with applicable state or federal requirements. Page 130 of 167 31 19.17000 MAINTENANCE, REPAIR, OR REPLACEMENT OF A BUILDING OR STRUCTURE IN VIOLATION OF A COUNTY SHORELAND ZONING ORDINANCE THAT MAY NOT BE ENFORCED 01 An enforcement action may not commence against a person who owns a building or structure that is in violation of a shoreland zoning standard or this shoreland zoning ordinance if it has been in place for more than ten (10) years. 02 A building or structure that is in violation of a shoreland zoning standard or this shoreland zoning ordinance but has been in place for more than ten years may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure. However, the structure may not be vertically or laterally expanded. Page 131 of 167 32 19.18000 MITIGATION 19.18100 PURPOSE The purpose of mitigation is to establish and maintain measures adequate to offset the impacts of development on water quality, near-shore aquatic habitat, upland wildlife habitat, and natural scenic beauty. 19.18200 APPLICABILITY When a shoreland permit requiring mitigation under sections 19.11700, 19.14300, and 19.14500 is issued the property owner shall submit a complete permit application that is reviewed and approved by the county. The application shall include the following: 01 A site plan that describes the proposed mitigation measures. (A) The site plan shall be designed and implemented to restore natural functions lost through development and human activities. (B) The mitigation measures shall be proportional in scope to the impacts on water quality, near- shore aquatic habitat, upland wildlife habitat, and natural scenic beauty. 02 An implementation schedule and enforceable obligation on the property owner to establish and maintain the mitigation measures. (A) The enforceable obligations shall be evidenced by an instrument recorded in the office of the Register of Deeds. (B) All shoreland mitigation measures must begin within one (1) year of the recording date of the mitigation affidavit, or in accordance with a timeline that is written into the mitigation plan, and must be completed in accordance with the timeline, or within two (2) years of the recording date if a timeline has not been established. 19.18300 MITIGATION MEASURES 01 Mitigation points are required for developing property under the following conditions: (A) If impervious surface coverage is greater than fifteen (15) percent, but less than twenty (20) percent, the mitigation plan must employ cumulative practices under section 19.18302 that earn at least two (2) mitigation points. (B) If impervious surface coverage is from twenty (20) percent, but less than thirty (30) percent, the mitigation plan must employ cumulative practices under section 19.18302 that earn at least three (3) mitigation points. (C) Lateral expansion of a nonconforming principal structure located within the shoreland setback area must employ cumulative practices under section 19.18302 that earn at least three (3) mitigation points. (D) Relocation of a nonconforming principal structure located within the shoreland setback area must employ practices under section 19.18302 that earn at least one (1) mitigation point. 02 Opportunities to earn mitigation points include: Page 132 of 167 33 (A) Removal of a legally existing nonconforming structure located within the shoreland setback area: up to three (3) mitigation points. (B) Installation of a rain garden: up to three (3) mitigation points. (C) Installation of a stormwater infiltration system: three (3) mitigation points. (D) Active restoration (accelerated recovery) of a compliant shoreland buffer: two (2) mitigation points. (E) Passive restoration (natural recovery) of a compliant shoreland buffer: one (1) mitigation point. (G) Increasing the depth of an existing compliant shoreland buffer: two (2) mitigation points for every fifteen (15) feet of depth (maximum of two (2) points). (H) Reducing the width of the allowable access and viewing corridor(s): one (1) mitigation point for every fifteen (15) foot reduction (maximum of two (2) points). (I) Increasing the shoreland setback: one (1) mitigation point for every fifteen (15) foot increase beyond what is required (maximum of two (2) points). (J) Replacement of a substandard private onsite wastewater treatment system: three (3) mitigation points. (K) Creation of a conservation easement: up to three (3) mitigation points (based upon the proposal). (L) Stabilization of the shoreline: up to three (3) mitigation points. (M) Perpetual removal of invasive species: one (1) mitigation point. (N) Other methods as approved by the zoning administrator: up to three (3) mitigation points (based upon the proposal). Page 133 of 167 34 19.19000 LAND DIVISION REVIEW Pursuant to s. 236.45, Wis. Stats., all land divisions in shoreland areas which create Three (3) or more parcels or building sites of five (5) acres each or less shall be reviewed within a five (5)-year period. a division of a lot, parcel or tract of land by the owner thereof or the owner’s agent for the purpose of transfer of ownership or building development, where the act of division creates three or more parcels or building sites, inclusive of the original remnant parcel, by division or successive division within a five- year period, shall be reviewed. All of the following factors shall be considered during such a review: 01 Hazards to the health, safety or welfare of future residents. 02 Proper relationship to adjoining areas. 03 Public access to navigable waters, as required by law. 04 Adequate stormwater drainage facilities. 05 Conformity to state law and administrative code provisions. 19.19100 DEFINITIONS AND GENERAL PROVISIONS 01 Any division of land which results in a land division as defined in section 19.23000 shall comply with the requirements of this section and Chapter 236, Wis. Stats. 02 Preliminary and final plats shall be submitted to the planning and parks department for review and approval by the Natural Resource Committee for any land division that meets the definition of a “subdivision” set forth in section 19.23000. 03 A certified survey map (CSM) shall be submitted to the planning and parks department for review and approval by the Natural Resource Committee for any land division that meets the definition of a “minor land division” set forth in section 19.23000. 04 When a replat of a recorded subdivision, or part thereof, is proposed the subdivision shall be vacated or altered according to the provisions of s. 236.36 through s. 236.445, Wis. Stats. 05 Exclusions. In no instance shall the provisions of this section apply to: (A) Transfers of interest in land by will or pursuant to court order. (B) Leases for a term not to exceed 10 years, mortgages or easements. (C) The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this ordinance or other applicable laws or ordinances. 19.19200 LAND SUTIBILITY No land shall be divided which is held unsuitable for the proposed use by the Natural Resource Committee for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed land division or of the County. The Natural Resource Committee, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion Page 134 of 167 35 that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding such suitability at a meeting of the Committee. Thereafter, the Natural Resource Committee may affirm, modify, or withdraw its determination of unsuitability. 19.19300 DEDICATION OF LANDS 01 All land division layouts shall be developed in proper relation to existing and proposed streets, the topography, surface water, vegetative cover, other natural features, and the most advantageous development of adjoining areas. The Natural Resource Committee may require that suitable sites, not to exceed 2.5 percent of the total area of the land division, be dedicated for future public use such as parks, playgrounds, public access, and open spaces as needed by the land division, subject to acceptance thereof by the County or Town. Any part of a street, drainageway or other public way which is indicated on a comprehensive plan or official map shall conform to the arrangement, width, and location indicated, and shall be offered for dedication to the County or the Town in which the land division is located. 02 Subdivisions abutting a navigable lake or stream shall, according to the provisions of s. 236.16(3), Wis. Stats., provide access at least sixty (60) feet wide to the low water mark so that there will be public access, which is connected to existing public streets, at least at one-half mile intervals, as measured along the lake or stream shore, except where greater intervals and wider access is agreed upon by the Natural Resource Committee, the Department of Natural Resources (DNR), and the director of plat review services of the Wisconsin Department of Administration and excluding shore areas where public parks, publicly owned open space, or streets are provided on either side of a stream. The Natural Resources Committee may require dedications of access points of greater width or at more frequent intervals at points designated by the Committee. 03 Lands lying between the meander line established in accordance with s. 236.20(2)(g), Wis. Stats., and the water's edge, and any otherwise unplattable lands which lie between a proposed land division and the water's edge shall be included as part of lots, out-lots, or public dedications in any plat abutting a lake or stream. This requirement applies not only to lands proposed to be divided, but also to all lands under option to the subdivider or in which he or she holds any interest and which are contiguous to the lands proposed to be divided and which abut a lake or stream, as provided in s. 236.16(4), Wis. Stats. 04 Lands to be dedicated shall be shown on the final plat or certified survey map. 05 All proposed Dedications to Ozaukee County must be reviewed and accepted by the County Board. The County Board has complete discretion to accept or reject proposed dedications. 19.19400 IMPROVEMENTS 01 Before final approval of any plat by the Chairperson of the Natural Resource Committee or approval of any certified survey map (CSM) for a minor land division by the Natural Resource Committee, the subdivider may install required street and utility improvements, or, if such improvements are not installed at the time that the final plat or CSM is submitted for approval, the subdivider shall, before recording the plat or CSM, enter into a contract with the County agreeing to install the required improvements and shall file with said contract a surety bond meeting the approval of the Corporation Counsel as a guarantee that such improvements will be completed by the subdivider or his or her subcontractors not later than one (1) year from the date of recording of the plat or CSM, or later if specified. One (1) week prior to the time each improvement is to be installed and upon its completion, the subdivider must notify the planning and parks department so that adequate inspections can be made. Page 135 of 167 36 02 Public streets. (A) A subdivider may be required to dedicate land for the improvement of public streets. Public streets shall be designed and located to take into account: (01) Existing and planned streets. (02) Topographic conditions, including the bearing, capacity, and erosion potential of the soil. (03) Public convenience and safety, including facilitating fire protection, snowplowing, and pedestrian traffic. (04) The proposed uses of land to be served. (05) Anticipated traffic volumes (06) Further resubdivision possibilities. (B) Public streets to be dedicated to Ozaukee County shall be of the right-of-way, roadway, and surface width specified by the Ozaukee County Highway Commissioner and approved by the County Board. Other public streets shall comply with the requirements of s. 236.16(2), Wis. Stats. (C) Construction of public streets shall comply with local street standards and specifications. Where there are no local street standards, the minimum standards of the Ozaukee County Highway Department shall apply. (D) No person shall sell any parcel of land of five (5) acres or less in size, located outside the corporate limits of a municipality, if it abuts on a street which has not been accepted as a public street, unless the seller informs the purchaser in writing of the fact that the street is not a public street and is not required to be maintained by the Town or County. 03 Water supply and public sewerage facilities. Where there is an existing public water supply system or public sewerage system in or near the proposed land division, the Natural Resource Committee shall consult with the affected local governments to determine the feasibility of providing water and/or sewer service to the land division and the requirements to be followed by the subdivider in connecting to the system. If it is not feasible to extend water and/or sewer service to the land division, or the Committee determines that such connection is not necessary, individual water supply and sewage treatment systems may be permitted by the Committee in accordance with the minimum standards and regulations of Ozaukee County and the DNR. 04 Survey monuments. The subdivider shall install survey monuments in accordance with the requirements of s. 236.15, Wis. Stats. 05 Stormwater management. Stormwater management facilities, where needed, shall be designed to permit the unimpeded flow of natural watercourses; ensure the drainage of all points along the street line and provide positive drainage away from onsite sewage disposal facilities. In designing stormwater management facilities, special consideration shall be given to protection against shoreland erosion and siltation of surface waters and preventing excess runoff on adjacent property. The Natural Resource Committee may require that easements or drainage ways of widths Page 136 of 167 37 sufficient to accommodate anticipated stormwater runoff be provided. 06 Sanitary sewerage. (A) In areas that have a public sanitary sewerage system in or near the proposed land division, the local municipality furnishing such service and the Natural Resource Committee shall determine the feasibility of providing service to the land division and, if feasible to join, the procedures to be followed by the subdivider in joining the system. (B) The Natural Resource Committee may prohibit the installation of sewage disposal facilities requiring soil absorption systems, where such systems would impair water quality, and the Committee may, with approval of the Departments of Commerce and Natural Resources, allow alternative methods of waste treatment and disposal, including, but not limited to, package treatment plants or incinerator or chemical toilets. (C) In areas that are not to be served by public sewerage systems, private onsite wastewater treatment systems (POWTS) utilizing soil dispersal components will be permitted only where soil and site evaluations indicate the systems will function adequately. POWTS shall be constructed to meet the requirements of Chapter SPS 383, Wisconsin Administrative Code and other applicable State, County, and local ordinances. (D) Lot area, width, and area free of limiting conditions based on percolation characteristics shall meet the requirements of Chapter SPS 383 of the Wisconsin Administrative Code. 19.19500 PRE-APPLICATION CONFERENCE 01 Prior to filing an application for the approval of a preliminary plat, the subdivider shall consult with the planning and parks department to present his or her proposed plat for informal review. As a part of this consultation the subdivider shall submit a sketch of sufficient scale and reasonable accuracy indicating the following information: (A) The boundaries of the property being considered for division. (B) Uses of land adjacent to the proposed land division, proposed roads, easements, public access to navigable water, dedications, community facilities, and utilities. (C) General lot layout showing proposed lot widths and depths. (D) General soil conditions, seasonally wet areas, rock outcrops, areas with slopes over twelve (12) percent, and areas within a primary environmental corridor. (E) Proposed areas of filling, grading, lagooning, and dredging. (F) Preliminary location of wetlands, floodplains, waterbodies and streams, navigable waters, and the ordinary high water mark (OHWM) of navigable waters. (G) A description of all property owned or controlled by the subdivider contiguous to the proposed plat even though only a part of the area is proposed for immediate development. Page 137 of 167 38 02 At the pre-application conference, or within thirty (30) days thereafter, County staff will inform the subdivider of any additions, changes, or corrections to the proposed plat necessary to expedite the review and approval of the preliminary and final plats. 19.19600 PRELIMINARY PLAT 01 The subdivider shall submit two (2) copies of the preliminary plat to the planning and parks department. 02 The preliminary plat, based upon an exterior boundary survey by a registered land surveyor, shall include: (A) Lot width and depths. (B) Existing and proposed streets, parks, public access, community facilities, utilities, and easements. (C) The location of wetlands, floodplain and floodway limits, the regional flood elevation, waterbodies and streams, navigable waters, the ordinary high water mark (OHWM) of navigable waters, slopes of twelve (12) percent or greater, primary environmental corridors, natural areas, and critical species habitat sites. The boundaries of wetlands, natural areas, and primary environmental corridors shall be determined on the basis of a field survey made to identify, delineate, and map those boundaries, and the name of the person, agency, or firm identifying, delineating, and mapping the boundaries shall be provided together with the date of the field survey. (D) An erosion control plan that complies with Chapter 14 of the County Code of Ordinances if the preliminary plat lies within an area subject to that ordinance. If the preliminary plat lies outside the area subject to Chapter 14, the erosion control plan shall include the following: (01) A two (2)-foot interval contour map showing land characteristics such as seasonally wet areas and bedrock and proposed areas of filling, grading, lagooning, and dredging. (02) Street information, including grades, cross-sections, and profiles of ditches; areas that require special attention due to soils; and proposed culvert sizes. (03) Drainage patterns; the location and effects of water entering and leaving the proposed land division; the size of the watershed for each drainage area included in whole or in part within the proposed land division; the design discharge, in cubic feet per second, for streets and drainage ditches; and the location of existing subsurface tiles and plans to reroute or destroy them. (04) Erosion control measures, including proposals for temporary seeding or cover, including proposed plant species, dates, rates, netting, topsoil replacement; planned erosion control structures and silt traps; and plans to protect existing natural vegetation. The standards and specifications set forth in the Wisconsin Construction Site Best Management Practice Handbook shall be used as a guide in preparing an erosion control plan. 03 The proposed layout shall be shown on a map at a scale of one (1) inch equals one hundred (100) feet and shall identify the improvements, grading, paving, installation of facilities including, if applicable, preplanned sites for waste disposal facilities and dedications of land which the Page 138 of 167 39 subdivider proposes to make and shall indicate when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be stated. 04 The Natural Resource Committee shall approve, approve conditionally, or reject the preliminary plat within ninety (90) days, as provided by s. 236.11, Wis. Stats., unless a longer period of time is agreed upon by the Committee and the subdivider. Failure of the Natural Resource Committee to act within ninety (90) days shall constitute an approval of the preliminary plat, unless the review period is extended by mutual agreement. 05 Notice of the meeting at which the Natural Resource Committee is scheduled to review the preliminary plat shall be mailed at least ten (10) days prior to the meeting to the clerk of the local government concerned and to the owners of all adjacent lots. For purposes of this section, adjacent lots are those that share all or part of a common lot line with the proposed plat, including lots that are abutting solely at corner points, and lots separated from the proposed plat by a street. 19.19700 FINAL PLAT 01 The subdivider shall submit two (2) copies of the final plat to the planning and parks department. The final plat shall be submitted within twelve thirty-six (36) months of the date of preliminary plat approval, unless the time period is extended by the Natural Resource Committee. 02 The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws. The final plat shall be accompanied by detailed construction plans of all improvements to be provided by the subdivider. 03 Final plats shall be submitted for review and approval by the Chairperson of the Natural Resource Committee. Failure of the Chairperson to act within sixty (60) days of submittal shall constitute an approval of the final plat, unless the review period is extended by mutual agreement. 04 A digital file of the final plat shall be provided to Ozaukee County in ArcShape file format. AutoCAD format will also be accepted, provided an adequate number of GIS points are provided to allow the delineations to be mapped on the County GIS. 05 Approved final plats shall be recorded in accordance with the requirements of s. 236.25, Wis. Stats., before any lots are sold. 19.19800 CERTIFIED SURVEY MAP (CSM) 01 For a proposed minor land division, the subdivider shall submit ten (10) copies of a certified survey map to the planning and parks department for review by County staff and the Natural Resource Committee. 02 A pre-application staff conference, similar to the consultation required for plats by section 19.19500, is recommended. 03 The map shall include the information required for preliminary plats per section 19.19602(D)(01)-(04) and section 19.19603. 04 The planning and parks department shall review the map for conformance to this ordinance and all other ordinances, rules, regulations, and comprehensive plans and components thereof as may be applicable. Page 139 of 167 40 05 The Natural Resource Committee shall approve, approve conditionally and thereby require resubmission of a corrected map, or reject such map within ninety (90) days from the date of filing of the map unless the time is extended by agreement with the subdivider. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider. If the map is approved, the Committee Chairperson shall so certify on the face of the original map. 06 A digital file of the approved CSM shall be provided to Ozaukee County in ArcShape file format. AutoCAD format will also be accepted, provided an adequate number of GIS points are provided to allow the delineations to be mapped on the County GIS. 07 Recordation. After the certified survey map has been approved by the Committee; the County Clerk shall cause the certification inscribed upon the map attesting to such approval to be duly executed and the map returned to the subdivider for recording with the Register of Deeds. The Register of Deeds shall not record the map unless it is offered for recording within twelve (12) months after the date of the last approval and within thirty-six (36) months after the first approval. 19.19900 APPEALS Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve, as provided in s. 236.13(5) and s. 62.23(7)(e), Wis. Stats., within thirty (30) days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable, or discriminatory. Page 140 of 167 41 19.20000 PLANNED UNIT DEVELOPMENT (PUD) 19.20100 PURPOSE The Planned Unit Development is intended to permit smaller non-riparian lots where the physical layout of the lots is so arranged as to better assure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and setbacks and without special conditions placed upon the Planned Unit Development at the time of its approval. 19.20200 REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS A Planned Unit Development may be approved upon finding, after a public hearing, that all of the following facts exist: 01 AREA A planned unit development may be allowed on a single lot that is at minimum two (2) acres in size and has a minimum of two hundred (200) feet of frontage on a navigable water. 02 INDIVIDUAL LOTS (A) Riparian lots need to meet the requirements of sections 19.04200 and 19.04300. (B) Non-riparian lots may be less than the required minimums found in sections 19.04200 and 19.04300. The zoning committee shall consider whether the proposed lot sizes and widths provide adequate building area after considerations of all setbacks and required impervious surface percentages are met as well as reviewing potential impacts to prevent pollution, erosion and impacts to natural scenic beauty. 03 SHORELAND SETBACK In exchange for the allowance of reduced non-riparian lots, the shoreland setback shall be greater than seventy-five (75) feet from the ordinary high water mark (OHWM). Recommended setbacks of one hundred (100) – one hundred fifty (150) feet from the ordinary highwater mark (OHWM) shall help offset the impacts of the reduced lots on habitat, water quality and natural scenic beauty. An increased shoreland setback shall be a condition of approval. 04 VEGETATIVE BUFFERS The vegetative buffer on a lot within a proposed planned unit development shall be greater than thirty-five (35) feet landward of the ordinary high water mark (OHWM). Recommended buffers of fifty (50) - seventy (70) feet shall help offset the impacts of the reduced lots on habitat, water quality and natural scenic beauty. An increased vegetative buffer shall be a condition of approval. 05 IMPERVIOUS SURFACE REQUIREMENTS All impervious surface requirements shall be met. There is no relaxation for required impervious surface ratio maximums. 19.20300 APPLICATION AND PERMIT REQUIREMENTS 01 An application for a conditional use permit shall be required. Page 141 of 167 42 02 Information on the total area of the lot, to-scale map showing location and size of all proposed lots, any preserved open space, number and type of dwelling units, other buildings and other requested information to describe the project. 03 Proposed greater shoreland setback and greater vegetative buffer that offsets the development impacts for committee consideration. 04 Location of shoreland-wetlands. 05 A recorded plat or certified survey map is required prior to any construction activities. 06 No construction activities shall commence without the issuance of a shoreland permit for each structure. Page 142 of 167 43 19.21000 SANITARY / PRIVATE WELL REGULATIONS The following regulations are for the protection of health and the preservation and enhancement of water quality. 01 Where a public sewage collection and treatment system is not available, design and construction of private onsite wastewater treatment system (POWTS) shall be required to comply with ch. SPS 383, Wisconsin Administrative Code and be governed by a private sewage system ordinance adopted by the county under s. 59.70(5), Wis. Stats. (A) No private onsite wastewater treatment system (POWTS) or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, or substantially altered or their use changed without a sanitary permit and without full compliance with Chapter 9 of the Ozaukee County Code of Ordinances. (B) When applicable, no shoreland permit shall be issued until a valid sanitary permit is issued authorizing the installation of a private onsite wastewater treatment system (POWTS). (C) Private onsite wastewater treatment systems (POWTS) shall meet the following criteria: (01) POWTS soil absorption components shall be located not less than fifty (50) feet from the ordinary high water mark (OHWM) of navigable waters. (02) POWTS holding and treatment tank components shall be located not less than fifty (10) feet from the ordinary high water mark (OHWM) of navigable waters. (03) POWTS soil absorption components shall be located not less than seventy-five (75) feet from the edge of any Lake Michigan bluff. (04) POWTS soil absorption components shall be located not less than seventy-five (75) feet from the edge of any Lake Michigan ravine unless the provisions of section. 19.07502(C) are used to reduce said setback, subject to a minimum setback of forty (40) feet from the edge of that particular ravine. (05) POWTS soil absorption components shall be located not less than forty (40) feet from the edge of any Lake Michigan shallow ravine, provided that the ravine has not been determined to be navigable. 02 Where public water supply systems are not available, private well construction shall be required to conform to ch. NR 812, Wisconsin Administrative Code. Page 143 of 167 44 19.22000 ADMINISTRATIVE PROVISIONS The shoreland zoning ordinance adopted by each county shall require all of the following: 01 The appointment of an administrator and such additional staff as the workload may require. 02 The creation of a zoning agency as authorized by s. 59.69, Wis. Stats., a board of adjustment as authorized by s. 59.694, Wis. Stats., and a county planning agency as defined in s. 236.02(3), Wis. Stats., and required by s. 59.692(3), Wis. Stats. 03 A system of permits for all new construction, development, reconstruction, structural alteration or moving of buildings and structures, unless prohibited by s. 59.692(1k), Wis. Stats. 04 Regular inspection of permitted work in progress to insure conformity of the finished structures with the terms of the ordinance. 05 A variance procedure which authorizes the board of adjustment to grant such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions and the adoption of the shoreland zoning ordinance, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship as long as the granting of a variance does not have the effect of granting or increasing any use of property which is prohibited in that zoning district by the shoreland zoning ordinance. 06 A special exception (conditional use) procedure for uses presenting special problems. 07 The county shall keep a complete record of all proceedings before the board of adjustment, zoning agency and planning agency. 08 Written notice to the appropriate office of the Department of Natural Resources (DNR) at least ten (10) days prior to any hearing on a proposed variance, special exception or conditional use permit, appeal for a map or text interpretation, map or text amendment, and copies of all proposed land divisions submitted to the county for review under section 19.19000. 09 Submission to the appropriate office of the Department of Natural Resources (DNR), within ten (10) days after grant or denial, copies of any decision on a variance, special exception or conditional use permit, or appeal for a map or text interpretation, and any decision to amend a map or text of an ordinance. 10 Development and maintenance of an official map of all mapped zoning district boundaries, amendments, and recordings. 11 The establishment of appropriate penalties for violations of various provisions of the ordinance, including forfeitures. Compliance with the ordinance shall be enforceable by the use of injunctions to prevent or abate a violation, as provided in s. 59.69 (11), Wis. Stats. 12 Pursuing the prosecution of violations of the shoreland ordinance. 13 Shoreland wetland map amendments according to ch. NR 115.04, Wisconsin Administrative Page 144 of 167 45 Code. Every petition for a shoreland-wetland map amendment filed with the county clerk shall be referred to the county zoning agency. A copy of each petition shall be provided to the appropriate office of the Department of Natural Resources (DNR) within five (5) days of the filing of the petition with the county clerk. Written notice of the public hearing to be held on a proposed amendment shall be provided to the appropriate office of the Department of Natural Resources (DNR) at least ten (10) days prior to the hearing. A copy of the county board's decision on each proposed amendment shall be forwarded to the appropriate office of the Department of Natural Resources (DNR) within ten (10) days after the decision is issued. 19.22100 ZONING ADMINISTRATOR 01 DUTIES AND POWERS The zoning administrator or designee, within the land & water management department, is hereby designated as the administrative and enforcement officer for the provisions of this ordinance. The zoning administrator or designee shall have the following duties and powers: (A) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and ensure that shoreland and shoreland-wetland areas are shown on all permit applications. (B) Issue permits and inspect properties for compliance with the provisions of this ordinance and issue certificates of compliance where appropriate. (C) Have access to premises and structures during reasonable hours to make those inspections deemed necessary to ensure compliance with this ordinance. If refused entry after presenting identification, the zoning administrator or designee may procure a special inspection warrant in accordance with s. 66.0119, Wis. Stats. (D) Prohibit the use of private water supply or private onsite wastewater treatment systems (POWTS) not in compliance with the requirements of this ordinance or Chapter 9 of the Ozaukee County Code of Ordinances. (E) Keep records of all official actions such as: (01) All permit applications, permits issued, inspections made, and work approved; (02) Zoning maps and zoning map amendments; (03) Land division plats; (04) Nonconforming uses and structures and changes thereto; (05) Appeals, variances, amendments to this ordinance; and (06) Other official actions. (F) Investigate, prepare reports, and report violations of this ordinance to the Natural Resource Committee and the Ozaukee County Corporation Counsel for prosecution. Copies of the reports shall also be sent to the Department of Natural Resources (DNR) Regional Office. 02 SHORELAND PERMIT Page 145 of 167 46 A shoreland permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities and/or private onsite wastewater treatment system (POWTS) and well installation, may be initiated. The application to the zoning administrator shall include: (A) GENERAL INFORMATION (01) Name, and mailing address, phone number, and email address of the applicant, and property owner,. When applicable, the same information will be provided for any associated surveyor, architect, professional engineer, architect, and/or contractor; (02) Legal description, proposed use, and whether it is new construction or a modification; (B) SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form. A site plan for a project that establishes a principal use or structure on a parcel, shall be completed by a land surveyor, professional engineer, or architect registered in the state. An electronic copy of said site development plan, in ArcShape file format, will be submitted before the issuance of the shoreland permit. CAD format will also be accepted, provided an adequate number of GIS points are provided to allow the proposed project to be mapped on the county GIS. The following elements must be shown on the site development plan and shall contain: (01) Location,Lot boundaries of the subject parcel, including dimensions, bearings, and area, and elevation of the lot; (02) Location of the oOrdinary high water mark (OHWM) of any abutting navigable waterways and resulting OHWM setback line(s). Average setback line, when applicable, and as determined by the zoning administrator. Shoreland setback area when applicable to the project.; (03) Location and dimensions of any existing and proposed structures and impervious surface areas; existing and proposed easements, rights-of-way, off-street parking, loading areas and driveways; and existing highway access restrictions; (04) Square footage of any existing and proposed structures and impervious surface areas. Total square footage of all structures and impervious surface areas within three hundred (300) feet of the OHWM of navigable waters. Total square footage of all existing and proposed structures within the shoreland setback area. Percent of impervious surface coverage on the lot as determined under section 19.11000. (045) The distance between any existing and proposed structures from all lot lines, and the ordinary high water mark (OHWM) of any abutting navigable waters; (056) Areas of proposed filling, grading, lagooning, or dredging and the amount of material involved; (067) The existing and/or proposed private onsite wastewater treatment system (POWTS) location(s) and associated soil boring locations from any applicable Soil and Site Evaluation. All POWTS sewage disposal plan, if connection is not to be made to a municipal sewerage system, which shall comply with all county ordinances, ch. SPS 383, Wisconsin Administrative Code, and other applicable laws and regulations. Page 146 of 167 47 (078) The existing and/or proposed well location(s) and terminal elevations when the property is associated with floodplain areas. water supply plan, if connection is not to be made to a municipal water supply system, whichWells shall comply with all county ordinances, ch. NR 812, Wisconsin Administrative Code, and other applicable laws and regulations. (089) The location of wetlands per the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources (DNR) Surface Water Data Viewer and/or a wetland delineation report slopes of twelve (12) percent or greater; and primary environmental corridors, natural areas, and critical species habitat sites identified on SEWRPC inventories. The boundaries of wetlands, natural areas, and primary environmental corridors shall be determined on the basis of a field survey made to identify, delineate, and map those boundaries, and the name of the person, agency, or firm identifying, delineating, and mapping the boundaries shall be provided together with the date of the field survey. The applicant shall submit an electronic copy of the field delineations in ArcShape file format. CAD format will also be accepted, provided an adequate number of GIS points are provided to allow the delineations to be mapped on the county GIS. (10) Existing and proposed topographic information and slope determinations when applicable; (11) Properties that include or abut a Lake Michigan ravine or bluff shall provide survey information accurately indicating: (a) The height of the bluff and depth of the ravine (at fifty (50)-foot increments for the length of the bluff or ravine affecting the property); (b) The degree of slope along the bluff and ravine (at fifty (50)-foot increments for the length of the bluff or ravine affecting the property); and (c) The location of the top of the bluff and ravine relative to existing and proposed structures (at fifty (50)-foot increments for the length of the bluff or ravine affecting the property). (C) STORMWATER, EROSION CONTROLS & ENVIRONMENTAL STUDIES (01) At the discretion of the zoning administrator and as necessitated by the proposed project, stormwater plans shall be completed by a professional engineer registered in the state. The plans shall demonstrate that the proposed project will not impede natural drainage patterns and the post-construction surface water runoff will not adversely impact neighboring properties. A post-construction elevational survey, from a land surveyor registered in the state, is required to certify that the preceding requirements have been met. All plans shall be reviewed and approved by the land and water management department. (02) At the discretion of the zoning administrator and as necessitated by the proposed project, erosion control plans shall be completed by a professional engineer or architect registered in the state. The plans shall utilize erosion control measures, as described in the Wisconsin Construction Site Best Management Practice Handbook, and shall be installed on the property prior to the start of any construction and maintained until the area is completely re-vegetated. All plans shall be reviewed and approved by the land and water management department. Page 147 of 167 48 (03) At the discretion of the zoning administrator and as necessitated by the proposed project, environmental studies shall be completed by a professional engineer registered in the state. A certified report shall accompany permit applications that have a unique impact on the environment. Impacts include, but are not limited to, situations of ground or soil stability, water quality, and flow or runoff capacities. (D) PERMIT FEES (01) All persons, firms, or corporations performing work which by this ordinance requires the issuance of a permit, variance, or other specified review shall pay a fee to the zoning administrator to help defray the cost of administration, investigation, advertising, and processing. A fee shall be required for a shoreland permit, certificate of compliance, zoning text or map amendment, review of site development plans, review of stormwater plans, review of erosion control plans, and zoning appeal or variance requests. Fees shall be set forth in the county fee schedule, as may be amended annually. Fees are non-refundable, unless a written request is submitted within two (2) business days of the date the application was filed. Sections 59.692(1k)(a)2, 4, and (b), Wis. Stats., prohibits counties from requiring any approval or imposing any fee or mitigation requirements for the activities specified in sections 19.14200 and 19.15000 of this ordinance. (02) Fees paid for applications for variances and appeals are applicable for one (1) hearing only. Fees are not refundable if the applicant cancels the hearing or if the request is denied. If the hearing is rescheduled at the request of the applicant, additional fees up to the full fee will be charged for actual costs incurred. (03) If work is started before a permit is applied for and issued, the zoning administrator, at their discretion, shall charge a fee of up to ten (10) times the applicable permit and review fees. This penalty shall not release the applicant from full compliance with this ordinance nor from prosecution for violation of this ordinance. (E) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than two (2) one (1) years after issuance. The permit may be extended for a maximum of one (1) year for good and sufficient cause. If the permitted work has not started within six (6) months of the permit date, the development must comply with any regulation that took effect after the permit date. 03 CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions: (A) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance; (B) Application for such certificate shall be concurrent with the application for a permit; (C) If all ordinance provisions are met, the certificate of compliance shall be issued within ten (10) days after written notification that the permitted work is completed. Page 148 of 167 49 04 OTHER PERMITS Prior to obtaining a shoreland permit the applicant must secure all necessary permits from federal, and state, and local agencies, including but not limited to, a water use permit pursuant to Chapter 30, Wis. Stats., or a wetland fill permit from the U. S. Army Corps of Engineers or the Department of Natural Resources (DNR). Although permits from local agencies are not required for the issuance of a shoreland permit, it is the responsibility of the applicant to acquire said local permits, when applicable. All applicable federal, state, and local permits are obtained in addition to a permit under this ordinance. 05 DENIAL OF PERMITS FOR OUTSTANDING VIOLATIONS OR ORDERS No permit shall be issued to any person, firm, or corporation who or which is in violation of or has any outstanding order for correction in relation to any ordinance administered by the Ozaukee County Land & Water Management Department, unless the issuance of such permit is required to attain compliance. 19.22200 ZONING AGENCY The Ozaukee County Natural Resources Committee is hereby declared to be the agent of the county board for all matters pertaining to zoning under this ordinance, except for such powers as are specifically reserved for the county board, the board of adjustment, and the zoning administrator. The Natural Resources Committee shall have the following duties and powers: 01 To oversee the functions of the office of the zoning administrator. 02 To review all proposed amendments to the shoreland protection ordinance map and text and recommend action to the county board. 03 To review all proposed land divisions within the shoreland area and recommend action to the county board. 04 To maintain a complete record of its proceedings 19.22300 BOARD OF ADJUSTMENT 01 ESTABLISHMENT A board of adjustment shall be established pursuant to s. 59.694, Wis. Stats. 02 MEMBERSHIP (A) The chairperson of the county board shall appoint no less than three and no more than five members to the board of adjustment, any number of which may be members of the county board. The appointments shall be subject to approval by the county board. (B) All members shall reside in the unincorporated areas of the county and no two members shall reside in the same town. (C) Terms shall be for staggered three-year periods beginning on July 1. (D) The chairperson shall be chosen by the members of the board of adjustment. (E) Two alternate members shall be appointed by the county board chairperson pursuant to s. 59.694 (2)(am), Wis. Stats. Page 149 of 167 50 (F) Vacancies shall be filled by the county board chairperson for the unexpired term of any member whose term becomes vacant. The appointments shall be subject to approval by the county board. 03 ORGANIZATION (A) The board of adjustment shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this ordinance and s. 59.694, Wis. Stats. (B) Meetings shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. Meetings shall be open to the public. (C) Minutes of the proceedings and a record of all actions shall be kept by the board of adjustment, showing the vote of each member on each question, the reasons for the determination of the board, and its finding of facts. These records shall be immediately filed in the office of the board and shall be a public record. (D) Quorum requirements: If a quorum is present, the board of adjustment may take action by a majority vote of the members present. 04 POWER AND DUTIES (A) The board of adjustment may exercise all of the powers conferred on such boards by s. 59.694, Wis. Stats. (B) Appeals: The board of adjustment shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the zoning administrator or other administrative official in the enforcement or administration of this ordinance, following a public hearing held in accordance with section 19.22306. (C) Variances: The board of adjustment may grant a variance from the dimensional standards of this ordinance pursuant to section 19.22305, following a public hearing held in accordance with section 19.22306. (D) Substitutions: The board of adjustment shall hear and decide applications for substitution of less nonconforming uses for existing nonconforming uses, following a public hearing held in accordance with section 19.22306. Whenever the board of adjustment permits such a substitution, the use may not thereafter be changed without application and approval. (E) Assistance: The board of adjustment may request assistance from other county officers, departments, commissions, and boards. 05 VARIANCES (A) The board of adjustment may grant, upon appeal, a variance from the dimensional standards of this ordinance provided an application for a variance is filed with the zoning administrator. (B) An applicant for a variance has the burden of convincingly demonstrating that: (01) The literal enforcement of the provisions of this ordinance will result in unnecessary hardship to the applicant. (02) The hardship is due to unique property conditions not common to nearby lots or Page 150 of 167 51 properties. (03) The variance is not contrary to the public interest. (04) The variance is consistent with the purposes of this ordinance set forth in section 19.01300. (C) Findings: No variance to the provisions of this ordinance shall be granted by the board of adjustment unless it finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings: (01) Preservation of intent: The variance is consistent with the purposes of this ordinance as set forth in section 19.01300. (02) Unnecessary hardship: A literal enforcement of the ordinance will result in unnecessary hardship. (03) Use variance prohibited: The variance will not grant, extend, or increase any use prohibited by this ordinance, or allow actions which would require an amendment to this ordinance or the zoning maps in accordance with section 19.22600. (04) Exceptional circumstances: There are unique conditions associated with the property that not common to nearby lots or properties. (05) Financial hardship and self-created hardship not grounds for variance: The variance is not being granted on the basis of financial hardship, to increase the economic value of the property, or because of conditions that are self-created. (06) Absence of detriment: The variance will not damage the rights or property values of others or be contrary to the public interest, or harm those natural resources that this ordinance is intended to protect. (07) Minimum necessary: The variance granted is the minimum necessary to allow a reasonable use of the property. (D) A variance shall not allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. (E) Conditions: The board of adjustment may attach conditions that relate to this ordinance to any variance granted to assure that the public interest and neighboring properties are protected, and to mitigate adverse environmental impacts associated with the proposal. (F) Recording: When a variance is granted, an appropriate record shall be made of the land use and structures permitted and the shoreland permit shall be applicable solely to the structures, use, and property so described. The variance shall be recorded by the zoning administrator with the register of deeds, with the recording fee to be paid by the applicant. (G) Notice to Department of Natural Resources (DNR): A copy of any decision on a variance shall be provided to the appropriate office of the Department of Natural Resources (DNR) within ten (10) days after it is granted or denied, if applicable. 06 HEARINGS Page 151 of 167 52 (A) The board of adjustment shall fix a reasonable time for a hearing on an appeal or application. The board shall give public notice thereof by publishing a Class 2 notice 48 under Chapter 985, Wis. Stats., specifying the date, time, and place of the hearing and the matters to come before the board. Notice shall be mailed to the parties-in-interest. Written notice shall be given to the appropriate office of the Department of Natural Resources (DNR) at least ten (10) days prior to hearings on proposed variances and appeals for map or text interpretations. (B) A decision regarding the appeal or application shall be made as soon as practical. Copies of all decisions on variances, and appeals for map or text interpretations shall be submitted to the appropriate office of the Department of Natural Resources (DNR) within ten (10) days after they are granted or denied. (C) Majority rule: A majority vote of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, to grant a variance, or to decide in favor of an applicant on any other matter upon which the board is required to approve under this ordinance. (D) The final disposition of an appeal or application to the board of adjustment shall be in the form of a written resolution or order signed by the chairperson of the board. Such resolution shall state the specific facts which are the basis of the determination of the board, and shall affirm, reverse, vary, or modify the order, requirement, decision, or determination appealed, in whole or in part; dismiss the appeal for lack of jurisdiction or prosecution; or grant or deny the application. (E) At the public hearing, any party may appear in person or by agent or by attorney. (F) Withdrawal: Requests for a withdrawal of an application for a variance, permit, or substitute nonconforming use made before the date the notice of public hearing is submitted for publication and notice to the parties-in-interest is mailed may be resubmitted at any time. Requests for a withdrawal made after the notice of public hearing has been submitted or notice to the parties-in-interest has been mailed shall not be resubmitted for a period of one year following the withdrawal. (G) Postponement: The board of adjustment may postpone a public hearing if it determines that it needs additional information. (H) Resubmission: No appeal or application which has been denied shall again be considered unless the applicant can show a material change in circumstances, as determined by the zoning administrator. (I) Rehearing: No rehearing of any issue shall take place except upon the affirmative vote of a majority of the members of the board of adjustment upon finding that substantial new material or new evidence is submitted which could not have been reasonably presented at the previous hearing. Requests for rehearing shall be in writing and shall state the reasons for the request and be accompanied by necessary data. A rehearing shall be subject to the same notice requirements and fees as the original hearing. 07 DECISION (A) The board of adjustment shall decide all appeals and applications within thirty (30) days after the final hearing and shall transmit a signed copy of the decision of the board to the Page 152 of 167 53 appellant or applicant, zoning administrator, and the Department of Natural Resources (DNR). (B) A variance granted by the board of adjustment shall expire within one (1) year after issuance unless substantial work has commenced pursuant to such grant. A one (1)-year extension of a variance or permit may be granted by the zoning administrator prior to its expiration. The zoning administrator or applicant may request that the board of adjustment review the request for extension. 08 REVIEW BY COURT OF RECORD Any person or persons aggrieved by any decision of the board of adjustment may, within thirty (30) days after the filing of the decision in the office of the board of adjustment, seek court review of the decision as provided in s. 59.694(10), Wis. Stats. 19.22400 APPEALS 01 Appeals: An appeal to the board of adjustment may be made by any person aggrieved or by an officer, department, or board of the county affected by any decision of the zoning administrator or other administrative officer in regard to the administration and enforcement of this ordinance. Such appeal shall be filed in the office of the zoning administrator within thirty (30) days of receipt of the written decision being appealed. The zoning administrator or other officer whose decision is in question shall promptly transmit to the board all of the documents constituting the record concerning the matter appealed. 02 Shoreland boundary disputes: Whenever the board of adjustment is asked to interpret the location of a shoreland boundary, the zoning administrator shall contact the appropriate office of the Department of Natural Resources (DNR) for a final determination of navigability or ordinary high water mark location. 03 Review appeals of permit denials (A) The board of adjustment shall review all data related to the appeal. This may include: (01) The information submitted with the permit application. (02) The recommendations of the zoning administrator. (03) Other data submitted to the board with the appeal. (B) Following its review, the board shall either uphold the denial of the permit or grant the approval. 04 Conditions: Conditions may be attached to any shoreland permit ordered or authorized by the board of adjustment to assure compliance with the purposes and requirements of this ordinance. 19.22500 PUBLIC INFORMATION To the fullest extent possible, the natural resources committee and its staff shall make available to the public all reports and documents concerning the Ozaukee County Shoreland Protection Ordinance. In addition: 01 All available information in the form of reports, bulletins, maps, and engineering data shall be readily available. Page 153 of 167 54 02 Information regarding the location of wetlands shall be provided to landowners, realtors, lenders, and the general public. All legal descriptions of property containing wetlands should include information designating the wetland areas when property is transferred. 03 The natural resources committee may set fees necessary to recover the costs of providing information to the public. 19.22600 AMENDMENTS Pursuant to sections 59.69(5)(e) and 59.692(2), Wis. Stats., the county board may amend the regulations of this ordinance or the shoreland zoning maps. 01 Petition: A petition to amend this ordinance may be made by any landowner in the area to be affected by the amendment; by the governing body of any town, village, or city where this ordinance is in effect; or by any member of the county board or natural resources committee. 02 Filing a petition: One (1) original of the proposed amendment shall be submitted directly to the zoning administrator. One (1) copy of the petition and the notice of public hearing shall be provided to the county supervisor of any affected district. One (1) copy of the petition and the notice of public hearing shall be forwarded to the appropriate office of the Department of Natural Resources (DNR) not less than ten (10) days prior to the hearing. When the petition involves a change in shoreland wetlands, the additional requirements set forth in section 19.22700 shall be followed. 03 Information required: In addition to the information required on the petition form, the petitioner shall supply the following: (A) A map, accurately drawn to a scale of not less than one (1) inch equals one hundred (100) feet, showing the location, dimensions, and area of the property to be rezoned, the location and existing use of all buildings on such property, and the principal use of all properties within three hundred (300) feet of the area proposed to be rezoned. (B) The names and complete mailing addresses, including zip codes, of the owners of all properties within three hundred (300) feet of any part of the land included in the proposed change. (C) The location of wetlands per the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources (DNR) Surface Water Data Viewer and/or a wetland delineation report slopes of twelve (12) percent or greater; and primary environmental corridors, natural areas, and critical species habitat sites identified by SEWRPC inventories on the property to be rezoned. The boundaries of wetlands, natural areas, and primary environmental corridors shall be determined on the basis of a field survey made to identify, delineate, and map those boundaries, and the name of the person, agency, or firm identifying, delineating, and mapping the boundaries shall be provided together with the date of the field survey. The applicant shall submit an electronic copy of the field delineations in ArcShape file format. CAD format will also be accepted, provided an adequate number of GIS points are provided to allow the delineations to be mapped on the county GIS. (D) Any further information which may be required by the zoning administrator to facilitate the making of a comprehensive report to the natural resources committee, including a detailed description of the intended new use. Page 154 of 167 55 0403 Public hearing and required notice: As soon as practical after receipt, the natural resources committee shall call a public hearing on the petition. The committee shall give public notice thereof by publishing a Class 2 notice under Chapter 985, Wis. Stats., specifying the date, time, and place of the hearing and the matters to come before the committee. Written notice shall be given to the parties-in-interest and to the clerk of any town, village, or city affected by the proposed amendment at least ten (10) days prior to the hearing. 0504 Natural resources committee action and report: As soon as possible after the public hearing, the natural resources committee shall act on such petition either approving, modifying and approving, or disapproving of the same. If its action is favorable to granting the requested change, or any modification thereof, it shall cause an ordinance to be drafted effectuating its determination and shall submit such proposed ordinance directly to the county board with its recommendations. If the natural resources committee, after its public hearing, shall recommend denial of the petition, it shall report its recommendation directly to the county board with its reasons for such action. Proof of publication of the notice of the public hearing held by the natural resources committee and proof of the giving of notice to the clerk of any affected town, village, or city of such hearing shall be attached to either such report. A copy of the land and water management department findings and recommendations on each proposed amendment shall be provided to the Department of Natural Resources (DNR) within ten (10) days after the submission of those findings and recommendations to the county board. 0605 County board action: Upon receipt of the report of the natural resources committee, the county board may adopt the ordinance as drafted by the natural resources committee or with amendments, or it may deny the petition for amendment, or it may refuse to deny the petition for amendment as recommended by the natural resources committee, in which case it shall refer the petition back to the natural resources committee, with direction to draft an ordinance to effectuate the petition, and report the same back to the county board, which may then adopt or reject such ordinance. Written notice of the county board decision on the proposed amendment shall be provided to the Department of Natural Resources (DNR) within ten (10) days after it is issued. 0706 Protest: If a protest against a proposed amendment is filed with the county clerk at least twenty-four (24) hours prior to the date of the meeting of the county board at which the report of the natural resources committee is to be considered, duly signed and acknowledged by the owners of fifty (50) percent or more of the area proposed to be altered, or by abutting owners of over fifty (50) percent of the total perimeter of the area to be altered included within three hundred (300) feet of the area proposed to be changed, such changes or amendments shall not be adopted except by the affirmative vote of three-fourths of the members of the county board present and voting. Each signer of such protest shall include a description of the lands owned by the signer. 0807 Effective date: Any amendatory ordinance adopted by the county board shall become effective after adoption by the county board and publication pursuant to s. 59.69(5)(e), Wis. Stats., except as may be modified by section 19.22703. Upon receipt of the foregoing approvals, the county clerk shall record in the office of the county clerk the date on which the ordinance takes effect and shall so notify the clerk of the town, village, or city affected by such ordinance. 19.22700 SHORELAND-WETLAND DISTRICT AMENDMENTS 01 For all proposed text and map amendments to the shoreland-wetland provisions of this ordinance, the appropriate office of the Department of Natural Resources (DNR) shall be provided with the following: Page 155 of 167 56 (A) A copy of every petition for a text or map amendment shall be provided within five (5) days of the filing of such petition with the zoning administrator. Such petition shall include a copy of the map adopted as part of this ordinance outlining the area proposed to be removed from the shoreland-wetland district. (B) A copy of the natural resources committee findings and recommendations on each proposed amendment within ten (10) days after the submission of those findings and recommendations to the county board. (C) Written notice of the county board decision on the proposed amendment within ten (10) days of the decision. 02 A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following: (A) Storm and flood water storage capacity. (B) Preservation of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland. (C) Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters. (D) Shoreline protection against soil erosion. (E) Fish spawning, breeding, nursery or feeding grounds. (F) Wildlife habitat. (G) Areas of special recreational, scenic, or scientific interest, including scarce wetland types. 03 If the Department of Natural Resources (DNR) notifies the natural resources committee or county board that a proposed text or map amendment to the shoreland-wetland provisions of this ordinance may have a significant adverse impact upon any of the criteria listed in section 19.22702 above, that amendment, if approved by the county board, shall contain the following provision: “This amendment shall not take effect until more than thirty (30) days have elapsed after written notice of the county board approval of this amendment is mailed to the Department of Natural Resources (DNR). During that thirty (30)-day period the Department may notify the county board that it will adopt a superseding shoreland ordinance for the county under s. 59.692(6), Wis. Stats. If the Department does so notify the county board, the effect of this amendment shall be stayed until the Section 59.692(6) adoption procedure is completed or otherwise terminated.” 19.22800 REMEDIAL ACTION Whenever an order of the zoning administrator has not been complied with within thirty (30) days after written notice has been received by the owner, agent, or occupant of the premises by certified mail, the county board, the zoning administrator, or the corporation counsel may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water. Page 156 of 167 57 19.22900 ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Wis. Stats. Page 157 of 167 58 19.23000 DEFINITIONS For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified shall be measured horizontally. 001 ACCESS A means of approaching or entering a property. 002 ACCESS AND VIEWING CORRIDOR Means a strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone. 003 ACCESSORY STRUCTURE Means a subordinate structure which is devoted to a use incidental to the principal use of the property. Accessory structures include, but are not limited to, a detached garage, shed, barn, boathouse, gazebo, patio, deck, porch, fire pit, swimming pool, hot tub, fence, retaining wall, driveway, parking lot, sidewalk, walkway, detached stairway and lift. 004 ALTERATION An enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. 005 BLUFF A hill, ridge, or similar landform significantly elevated above the surrounding landscape, having a broad, steep face or cliff, and adjoining the shoreline or coastal lowlands of Lake Michigan. 006 BOATHOUSE Means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of these structural parts. 007 BUILDING See structure. 008 BUILDING ENVELOPE Means the three-dimensional space within which a structure is built. 009 CERTIFICATE OF COMPLIANCE A certification issued by the zoning administrator stating that the construction and the use of land or a building is in compliance with all of the provisions of this ordinance. 010 CERTIFIED SURVEY MAP (CSM) A map prepared in accordance with s. 236.34, Wis. Stats., and this ordinance for the purpose of creating a minor land division, or used to document for recording purposes survey and/or dedication Page 158 of 167 59 data relating to single parcels. 011 COMPREHENSIVE PLAN The extensively developed plan, also called a county development plan, adopted by the county board pursuant to s. 66.1001, Wis. Stats. Devices for the implementation of such plans include zoning, official mapping, and land division ordinances. 012 COUNTY ZONING AGENCY Means that committee or commission created or designated by the county board under s. 59.69(2)(a), Wis. Stats., to act in all matters pertaining to county planning and zoning. 013 DECK An unenclosed exterior structure that has no roof or sides 014 DEPARTMENT Means the Department of Natural Resources (DNR). 015 DEVELOPMENT Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings or structures; the construction of additions or alterations to buildings or structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; land division layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or